Chapter 18.215
PROTECTION OF HISTORIC AND ARCHEOLOGICAL RESOURCES
Sections
18.215.050 Designation criteria for historic or archeological property of local significance.
18.215.060 Historic or archeological properties of local significance.
18.215.070 Designation of additional historic or archeological properties of local significance.
18.215.080 Limit on noise impacts to historic or archeological properties of local significance.
18.215.090 Requirement for noise mitigation plan.
18.215.100 Landmarks Commission created – Membership and organization.
18.215.110 King County Code chapter 20.62 adopted.
18.215.120 Adoption by reference.
18.215.010 Title.
This chapter shall be entitled “Protection of Historic and Archeological Resources.” [Ord. 1591 § 533, 2014.]
18.215.020 Application.
This chapter shall be applicable to all zones as set forth herein. [Ord. 1591 § 534, 2014.]
18.215.030 Purpose.
The purpose of this chapter is to preserve and protect historic or archaeological properties of local significance. [Ord. 1591 § 535, 2014.]
18.215.040 Authority.
This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63 and 36.70A RCW and other applicable laws. [Ord. 1591 § 536, 2014.]
18.215.050 Designation criteria for historic or archeological property of local significance.
A building, site, zone, structure, or object may be designated a City historic or archeological property of local significance if:
(1) It is listed or eligible for listing in the State or National Register of Historic Places, or is designated or eligible for designation as a King County Landmark; or
(2) The City Council determines it meets any of the following criteria:
(a) It is associated with events that have made a significant contribution to the broad patterns of national, state, or local history;
(b) It is associated with the life of a person that is important in the history of the community, City, state, or nation or who is recognized by local citizens for substantial contribution to the neighborhood or community;
(c) It embodies the distinctive characteristics of a type, period, style, or method of construction;
(d) It is an outstanding or significant work of an architect, builder, designer, or developer who has made a substantial contribution to the art;
(e) It has yielded, or may be likely to yield, information important in prehistory or history;
(f) Because of its location, age or scale, it is an easily identifiable visual feature of a neighborhood, community, or the City and contributes to the distinctive quality or identity of such neighborhood, community or the City, or because of its association with significant historical events or historic themes, association with important or prominent persons in the community or the City, or recognition by local citizens for substantial contribution to the neighborhood or the City. [Ord. 1591 § 537, 2014.]
18.215.060 Historic or archeological properties of local significance.
The City Council has determined that the properties identified within the document titled Historic Properties Survey: City of Des Moines, dated April 1995, meet one or more of the criteria set forth in DMMC 18.215.050 and shall be designated as historic or archeological properties of local significance. Additional properties may by designated as historic or archeological properties of local significance by the City Council. [Ord. 1591 § 538, 2014.]
18.215.070 Designation of additional historic or archeological properties of local significance.
(1) The City Council is authorized to designate additional sites, zones, buildings, structures, and objects within the City as historic or archeological properties of local significance.
(2) Prior to a property’s designation as a historic or archeological property of local significance, an expert in historic preservation shall be retained for evaluation of the subject property. The expert shall have training and demonstrated expertise in architecture, historic preservation, or history. The expert shall evaluate the subject property in relation to the criteria specified in DMMC 18.215.050 and submit a written recommendation regarding the proposed designation to the City Council. The owner of the subject property shall be notified in writing of the evaluation and pending action regarding designation, including procedures for removing the property from consideration.
(3) The City Council shall conduct a public hearing regarding a proposed designation of historic or archeological property of local significance. The City Council shall adopt written findings in conjunction with the designation of a property as a historic or archeological property of local significance.
(4) Property owners who wish to remove their property from the historic properties survey, or from consideration for designation, may do so by submitting a written request to the Planning, Building and Public Works Director who shall remove the property from consideration, or the survey. [Ord. 1591 § 539, 2014.]
18.215.080 Limit on noise impacts to historic or archeological properties of local significance.
Historic or archeological properties of local significance shall not be subject to adverse land uses that generate exterior noise exposure levels exceeding 55 Ldn dBA, or existing levels as of April 20, 1995, whichever is greater. A reduction in the exterior noise level (greater than 55 Ldn) that existed as of April 20, 1995, shall become the new maximum exterior noise level. [Ord. 1591 § 540, 2014.]
18.215.090 Requirement for noise mitigation plan.
When the Planning, Building and Public Works Director determines that a proposed land use may impact a historic or archeological property of local significance by increasing exterior noise levels above the maximum level permitted by this chapter, the land use proponent shall submit a noise mitigation plan to the City for review and approval before required permits are issued to allow the project to proceed. [Ord. 1591 § 541, 2014.]
18.215.100 Landmarks Commission created – Membership and organization.
(1) The City hereby designates and empowers the King County Landmarks Commission (“Commission”), established pursuant to King County Code (K.C.C.) chapter 20.62, to act as the Landmarks Commission for City-owned landmarks in the City pursuant to the provisions of this chapter.
(2) A special member of the Commission, as provided for in K.C.C. 20.62.030, shall be appointed by the Mayor and confirmed by a majority of the City Council. Such special member shall be advisory only and shall have no authority to bind the City Council without a prior affirmative vote of a majority of the City Council. Such special member shall be a resident of the City and shall have a demonstrated interest and competence in historic preservation. Such appointment shall be made for a three-year term and the special member shall serve until his or her successor is duly appointed and confirmed. In the event of a vacancy, an appointment shall be made to fill the vacancy in the same manner and with the same qualifications as if at the beginning of the term, and the person appointed to fill the vacancy shall hold the position for the remainder of the unexpired term. Such special member may be reappointed, but may not serve more than two consecutive three-year terms. Such special member shall be deemed to have served one full term if such special member resigns at any time after appointment or if such special member serves more than two years of an unexpired term. The special member of the Commission shall serve without compensation.
(3) The Commission shall file its rules and regulations, including procedures consistent with this chapter, with the City Clerk. [Ord. 1591 § 542, 2014.]
18.215.110 King County Code chapter 20.62 adopted.
For purposes of this chapter, the City adopts King County Code (K.C.C.) chapter 20.62, except as follows:
(1) K.C.C. 20.62.020 – Definitions.
Paragraph I is changed to read: “‘Director’ is the responsible official who approves building permits for the City.”
Paragraph F is changed to read: “‘Council’ is the Des Moines City Council.”
(2) K.C.C. 20.62.040 – Designation Criteria. All references to “King County” are changed to read “City of Des Moines.”
(3) K.C.C. 20.62.050 – Nomination Procedure. The following language is added:
No historic resource may proceed through the nomination procedure of King County Code Section 20.62.050 until the Des Moines City Council has approved the historic resource for nomination. A minimum of four Councilmembers must vote in favor before the resource is eligible for the nomination. Said approval by the Council is a condition precedent to any nomination procedure.
(4) K.C.C. 20.62.070 – Designation Procedure. All references to “King County” are changed to read “City of Des Moines.”
(5) K.C.C. 20.62.080 – Certificate of Appropriateness Procedure. The last sentence of Paragraph A is deleted.
(6) K.C.C. 20.62.110 – Appeal Procedure. The following language is added:
The decisions of the Commission pertaining to real property within the City of Des Moines may be appealed to and reversed or modified by the Des Moines City Council.
[Ord. 1591 § 543, 2014.]
18.215.120 Adoption by reference.
(1) Chapter 20.62 of the King County Code (K.C.C.), adopted by reference in DMMC 18.215.110 and by this section, is adopted pursuant to RCW 35A.12.140 as though fully set forth in this chapter, together with any amendments and additions provided in this chapter, and is applicable within the City as presently constituted or as may be subsequently amended.
(2) Not less than one copy of chapter 20.62 K.C.C., as codified, and suitably marked to indicate amendments and additions, is filed in the office of the Des Moines City Clerk and is available for use and examination by the public. [Ord. 1591 § 544, 2014.]
18.215.130 Code conflicts.
As to City-owned buildings, in case of any conflict between chapter 18.215 DMMC and DMMC 18.215.100 and 18.215.110, DMMC 18.215.100 and 18.215.110 shall govern. [Ord. 1591 § 545, 2014.]