Chapter 75 – HISTORIC LANDMARK OVERLAY ZONE AND HISTORIC RESIDENCE DESIGNATION
Sections:
75.05 User Guide
75.08 Historic Landmark Overlay Zone Designation – Intent
75.10 Historic Landmark Overlay Zone Designation – Required Review
75.15 Historic Landmark Overlay Zone Designation – Who May Apply/Special Fee Provision
75.20 Historic Landmark Overlay Zone Designation – Criteria
75.25 Historic Landmark Overlay Zone Designation – Required Elements of Recommendation
75.30 Historic Landmark Overlay Zone Effect – General
75.35 Historic Landmark Overlay Zone Effect – Review Requested To Alter
75.40 Historic Landmark Overlay Zone Effect – Criteria for Alteration
75.45 Historic Landmark Overlay Zone Effect – Nonconforming Elements
75.47 Historic Landmark Overlay Zone Effect – Modification of Code Provisions
75.50 Historic Landmark Overlay Zone Effect – Bonds
75.55 Historic Residence Designation – Intent
75.60 Historic Residence Designation – Required Review
75.65 Historic Residence Designation – Who May Apply
75.70 Historic Residence Designation – Criteria
75.75 Historic Residence Designation – Required Elements of Recommendation
75.80 Historic Residence Effect – General
75.85 Historic Residence Effect – Review Request To Alter
75.90 Historic Residence Effect – Criteria for Alteration
75.95 Historic Residence Effect – The Secretary of the Interior’s Standards for the Treatment of Historic
Properties (Rehabilitation)
75.100 Historic Residence Effect – Nonconforming Elements
75.105 Historic Residence Effect – Demolition, Alteration or Damage
75.110 Historic Residence Effect – Bonds
75.05 User Guide
This chapter establishes mechanisms for designating certain areas or improvements in the City as historic landmarks or historic residences. This chapter also contains regulations that govern the use and alteration of any area or improvement that has been designated as an historic landmark or historic residence.
For properties within jurisdiction of the Shoreline Management Act, see Chapter 83 KZC.
1. Historic Landmarks – Various places on the Zoning Map contain an “HL” within a dashed line. This indicates that this area has been designated as an Historic Landmark Overlay Zone where special regulations apply. These special regulations add to and in some cases supersede the other regulations of this code.
If you are interested in proposing that an area or structure be designated as an historic landmark or if you wish to participate in the City’s decision on a proposed designation you should read KZC 75.10 through 75.25.
If you are interested in conducting a use or altering the appearance of an area or structure that has been designated as an historic landmark or if you wish to participate in the City’s decision on a proposed use or alteration of a designated historic landmark, you should read KZC 75.30 through 75.50.
2. Historic Residences – In the Norkirk and Market Neighborhoods, where an historic residence has been designated, special regulations apply. These special regulations add to and in some cases supersede the other regulations of this code.
If you are interested in proposing that a structure be designated as an historic residence or if you wish to participate in the City’s decision on a proposed designation you should read KZC 75.55 through 75.110.
If you are interested in altering the appearance of a structure that has been designated as an historic residence, or if you wish to participate in the City’s decision on a proposed alteration of a designated historic residence, you should read KZC 75.75 through 75.110.
(Ord. 4252 § 1, 2010; Ord. 4102 § 2, 2007)
75.08 Historic Landmark Overlay Zone Designation – Intent
The intent of the Historic Landmark Overlay Zone designation is to encourage retention of historic improvements, objects or sites in order to enhance and protect the historic context and character of the City by allowing additional flexibility for allowed uses and nonconformances. In return, the designation ensures that the improvements, objects or sites would not be altered to a degree that the historic features are compromised.
(Ord. 4749 § 1, 2021)
75.10 Historic Landmark Overlay Zone Designation – Required Review
The City will review and decide upon each proposal to designate an area as an Historic Landmark Overlay Zone on the Zoning Map using the quasijudicial rezone provisions of Chapter 130 KZC.
(Ord. 4121 § 1, 2008; Ord. 4102 § 2, 2007)
75.15 Historic Landmark Overlay Zone Designation – Who May Apply/Special Fee Provision
The City or the person holding fee title to the subject property may apply to designate a property as an Historic Landmark Overlay Zone. To the extent that these provisions are inconsistent with the provisions of Chapter 130 or 152 KZC, the provisions of this section govern.
(Ord. 4749 § 1, 2021; Ord. 4102 § 2, 2007; Ord. 3852 § 1, 2002)
75.20 Historic Landmark Overlay Zone Designation – Criteria
1. The City may approve the designation of an area as an Historic Landmark Overlay Zone only if it finds that:
a. The applicable criteria of Chapter 130 KZC are met; and
b. Either:
1) The property contains an object, improvement, or site that is more than 40 years old, and that possesses integrity of location, design, setting, materials, workmanship, feeling and association, and:
a) Is associated with events that have made a significant contribution to the broad patterns of national, state or local history; or
b) Is associated with the lives of persons significant in national, state or local history; or
c) Embodies the distinctive characteristics of a type, period, style or method of design or construction, or that represents a significant and distinguishable entity whose components may lack individual distinction; or
d) Has yielded, or may be likely to yield, information important in prehistory or history; or
e) Is an outstanding work of a designer or builder who has made a substantial contribution to the art; or
2) The property contains an object, improvement or site which does not meet the criteria listed in subsection (1)(b)(1) of this section but which is:
a) A religious property deriving primary significance from architectural or artistic distinction or historic importance; or
b) A building or structure removed from its original location but which is significant primarily for its architectural value, or which is the surviving structure most importantly associated with an historic person or event; or
c) A birthplace, grave or residence of an historic figure of outstanding importance if there is no other appropriate site or building directly associated with his/her productive life; or
d) A cemetery that derives its primary significance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic events; or
e) A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived; or
f) A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own historic significance; or
g) A property achieving significance within the past 40 years if it is of exceptional importance.
NOTE: The criteria listed in subsection (1)(b) of this section are, with slight modification, the criteria used in evaluating entries to the National Register under the National Historic Preservation Act of 1966.
(Ord. 4102 § 2, 2007)
75.25 Historic Landmark Overlay Zone Designation – Required Elements of Recommendation
If City Council adopts an ordinance designating an area as an Historic Landmark Overlay Zone on the Zoning Map, this ordinance must include the following information:
1. The boundaries of the area and description of the improvement, object, or site or significance, sufficient to identify its location.
2. The significant features of the improvement, object, or site to which the restrictions of KZC 75.30 through 75.50 apply. (Ord. 4102 § 2, 2007)
75.30 Historic Landmark Overlay Zone Effect – General
If the City Council enacts an ordinance to designate an area as an Historic Landmark Overlay Zone, an “HL” will be placed on the area on the Zoning Map. This will have the following effects:
1. No feature identified as significant under KZC 75.25(2) may be altered in any manner except as provided in KZC 75.35 through 75.50.
2. The City may require that a sign be conspicuously posted on the subject property identifying the historic landmark.
3. The other requirements of this code apply to the subject property unless they conflict with a specific provision of this section through KZC 75.50. Where a conflict exists, the provisions of this chapter govern.
(Ord. 4102 § 2, 2007)
75.35 Historic Landmark Overlay Zone Effect – Review Requested To Alter
The City will review and decide upon any proposal to alter a designated significant feature of an Historic Landmark Overlay Zone using Process IIB, described in Chapter 152 KZC.
(Ord. 4102 § 2, 2007; Ord. 3852 § 1, 2002)
75.40 Historic Landmark Overlay Zone Effect – Criteria for Alteration
The City will review any proposed alteration to a significant feature of an historic landmark using the following criteria:
1. The extent to which the proposed alteration would adversely affect the significant features or site as an historic landmark; and
2. The reasonableness of the proposed alteration in light of other alternatives available to achieve the objectives of the applicant; and
3. The extent to which the proposed alteration may be necessary to meet the requirements of any other law, statute, regulation, code or ordinance.
(Ord. 4102 § 2, 2007)
75.45 Historic Landmark Overlay Zone Effect – Nonconforming Elements
Nonconformance on the subject property need not be corrected if correcting the nonconformance would require altering a feature designated as significant or the acquisition of additional property or facilities.
(Ord. 4102 § 2, 2007)
75.47 Historic Landmark Overlay Zone Effect – Modification of Code Provisions
1. General – The provisions of this section establish the circumstances under which the City may modify any of the provisions of this code for an historic landmark, except:
a. The City may not modify any of the provisions of this chapter; and
b. The City may not modify any provision of this code that specifically states that its requirements are not subject to modifications under this chapter; and
c. The City may not modify any of the procedural provisions of this code; and
d. The City may not modify any provision that specifically applies to development in a critical area or its buffer or on a regulated slope; and
e. The City may not allow any use in a low density zone that is not specifically allowed in that zone unless the subject property contains at least 35,000 square feet.
2. Review Procedure – The City will review and decide upon any proposal to modify the provisions of this code for an historic landmark using Process IIB, described in Chapter 152 KZC. Modifications may be proposed in conjunction with or subsequent to a proposal to designate the subject property as an Historic Landmark Overlay Zone as provided in KZC 75.10 through 75.25.
3. Criteria for Modification – The City may approve a modification under the provisions of this section only if it finds that the following requirements are met:
a. The proposed modification would promote or aid in the preservation or rehabilitation of an historic landmark; and
b. Either:
1) The historic landmark for which the modification is proposed is located on property which abuts one (1) of the following rights-of-way:
a) Market Street between Central Way and NE 106th Street.
b) State Street between NE 68th Street and 2nd Avenue South.
c) Lake Washington Boulevard and Lake Street South between Northup Way and Third Avenue South; or
2) The proposed modification would not promote traffic, noise, light view blockage or other impacts which are incompatible with adjacent properties or the surrounding neighborhood.
(Ord. 4551 § 4, 2017; Ord. 4102 § 2, 2007; Ord. 3852 § 1, 2002)
75.50 Historic Landmark Overlay Zone Effect – Bonds
The City may require a bond under Chapter 175 KZC to ensure that any alteration to an historic landmark complies with the conditions of its approval.
(Ord. 4102 § 2, 2007)
75.55 Historic Residence Designation – Intent
Kirkland neighborhoods contain many historic houses representing a variety of architectural styles and historic time periods, and providing a record of Kirkland’s residential development. The loss of any historic houses in these neighborhoods would constitute an irreparable diminishment of community character. Preventing this loss and protecting community character and historic resources are consistent with and supported by the Comprehensive Plan. It is in the public interest to preserve this rich architectural diversity and tangible connections with Kirkland’s past. The historic residence designation process provides an opportunity for historic houses to be preserved.
A house may be considered for historic residence designation if it retains its overall original form, massing and sufficient original architectural elements to convey its historic character. This could include, for example, a house that has been moved, changes to windows that do not significantly change the original window placement or form, and replacement of siding. Additions and alterations to the historic house will be evaluated on a case-by-case basis.
(Ord. 4372 § 1, 2012; Ord. 4102 § 2, 2007)
75.60 Historic Residence Designation – Required Review
The City will review and decide upon each proposal to designate a house as an historic residence using the provisions of Process I, Chapter 145 KZC. Noticing is required pursuant to the noticing provisions of Chapter 150 KZC. The review process will include an assessment to determine eligibility for designation as an historic residence. The assessment, funded by the applicant, must be conducted by staff or consultants meeting the Secretary of the Interior’s Historic Preservation Professional Qualification Standards (Code of Federal Regulations, 36 CFR Part 61).
(Ord. 4102 § 2, 2007)
75.65 Historic Residence Designation – Who May Apply
The person holding fee title to the subject property may apply to designate a home as an historic residence.
(Ord. 4372 § 1, 2012; Ord. 4102 § 2, 2007)
75.70 Historic Residence Designation – Criteria
The City may approve the designation of an historic residence if it finds the criteria of KZC 75.20(1)(b) are met.
(Ord. 4102 § 2, 2007)
75.75 Historic Residence Designation – Required Elements of Recommendation
The approval must include the following information:
1. The address of the historic residence.
2. The gross floor area of the historic residence and dimensioned drawings of each floor.
3. A digital photograph of each building elevation and significant feature.
4. A description of the historic residence and its significant features to which the restrictions of KZC 75.80 through 75.110 apply.
(Ord. 4102 § 2, 2007)
75.80 Historic Residence Effect – General
The City designation of an historic residence will have the following effects:
1. No feature identified as significant under KZC 75.75 may be altered in any manner except as provided in KZC 75.85 through 75.110.
2. All other requirements of this code shall apply to the subject property unless they conflict with a specific provision of KZC 75.55 through 75.110. Where a conflict exists, the provisions of this chapter govern.
(Ord. 4102 § 2, 2007)
75.85 Historic Residence Effect – Review Request To Alter
The Planning Official will review and decide upon any proposal to alter a designated historic residence. This decision is appealable using applicable appeal provisions of Chapter 145 KZC.
(Ord. 4102 § 2, 2007)
75.90 Historic Residence Effect – Criteria for Alteration
1. The Planning Official shall review all proposed alterations to a designated historic residence. No further review is required if the alteration constitutes:
a. Ordinary repairs and maintenance that do not alter the appearance of an exterior significant feature and do not utilize substitute materials; or
b. Repairs or replacement of utility systems; provided, that such work does not alter an exterior significant feature.
The Planning Official shall document the proposed alteration. If the proposed alteration does not meet the criteria of subsection (1)(a) or (1)(b) of this section then the criteria in KZC 75.90(2) must be met.
2. The Planning Official shall review and may approve restorations, major repairs, alterations in appearance, replacement of historic materials and new construction to a designated historic residence, considering the following factors:
a. The extent to which the proposal would utilize in-kind materials;
b. The extent to which the proposal would adversely affect the significant character defining features of an historic residence;
c. The reasonableness of the proposed alteration in light of other alternatives available to achieve the objectives of the applicant; and
d. The extent to which the proposed alteration may be necessary to meet the requirements of any other law, statute, ordinance, regulation or code.
The review by the Planning Official shall be based on the Secretary of the Interior’s Standards for the Treatment of Historic Properties (Rehabilitation) in KZC 75.95. The Planning Official shall arrange for an analysis funded by the applicant to determine if the criteria for alteration are met. The person conducting the analysis shall meet the Secretary of the Interior’s Historic Preservation Professional Qualification Standards (Code of Federal Regulations, 36 CFR Part 61).
(Ord. 4102 § 2, 2007)
75.95 Historic Residence Effect – The Secretary of the Interior’s Standards for the Treatment of Historic
Properties (Rehabilitation)
In determining the adverse impact of an alteration on the significant features of an historic residence, the Planning Official shall consider the following Secretary of the Interior’s Standards for the Treatment of Historic Properties (Rehabilitation) (Code of Federal Regulations, 36 CFR Part 68):
1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.
2. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.
3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.
4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.
5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved.
6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.
7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.
8. Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.
10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
(Ord. 4102 § 2, 2007)
75.100 Historic Residence Effect – Nonconforming Elements
Any nonconformance on the subject property shall not be required to be corrected if doing so would require the alteration of a feature designated as significant or the acquisition of additional property or facilities.
(Ord. 4102 § 2, 2007)
75.105 Historic Residence Effect – Demolition, Alteration or Damage
1. If an historic residence is destroyed, relocated, or altered as a result of the action of the property owner, and such action is inconsistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties (Rehabilitation), the following standards apply:
a. The structure shall be reconstructed pursuant to the Secretary of the Interior’s Standards for the Treatment of Historic Properties (Reconstruction) (Code of Federal Regulations, 36 CFR Part 68) to replicate the footprint and exterior of the historic residence; or
b. The maximum floor area ratio (F.A.R.) of any altered or new structure shall not exceed 25 percent of the lot size, or 75 percent of the gross floor area of the historic residence, whichever is less.
2. If an historic residence is destroyed for any reason outside the control of the property owner, the maximum F.A.R. of the resulting structure shall not exceed 30 percent of the lot size, provided that F.A.R. may be increased up to 35 percent of the lot size if the following criteria are met:
a. With the exception of accessory features, all roof forms consist of ridgelines peaked near the center of the structure, with a minimum pitch of four (4) feet vertical to 12 feet horizontal; and
b. A setback of at least 7.5 feet is provided along each side yard.
3. Accessory dwelling units shall be prohibited in connection with the resulting structure.
4. The historic residence designation shall be removed from the resulting structure.
(Ord. 4703 § 1, 2019; Ord. 4102 § 2, 2007)
75.110 Historic Residence Effect – Bonds
The City may require a bond under Chapter 175 KZC to ensure that any alteration to an historic residence complies with the conditions of its approval.
(Ord. 4102 § 2, 2007)