Chapter 15.38   LANDMARK DESIGNATION AND PRESERVATION

Sections:


15.38.010   Purposes.

The purposes of this chapter are to designate, preserve, protect, enhance and perpetuate those sites, buildings, districts, structures and objects which reflect significant elements of the city's cultural, ethnic, social, economic, political, architectural, aesthetic, archeological, engineering, historic and other heritage; foster civic pride in the beauty and accomplishments of the past; stabilize and improve the economic values and vitality of landmarks; protect and enhance the city tourist industry by promoting heritage related tourism; promote, assist, encourage and provide incentives to public and private owners to preserve, restore, rehabilitate and use landmark buildings, sites, districts, structures and objects to serve the purposes of this chapter; and to provide the framework for the implementation of the inter-local agreement between King County and the city of Black Diamond relating to landmark designation and protection services.

(Ord. 527 § 1 (part), 1995)

15.38.020   Landmarks commission authorized.

A.

The King County landmarks and heritage commission established pursuant to King County Code, Chapter 20.62 is designated and empowered to act as the landmarks commission for the city pursuant to the provisions of this chapter.

B.

The commission shall not conduct any public hearings required under this chapter with respect to properties located within the city until its rules and regulations, including procedures consistent with this chapter, have been filed with the city clerk-treasurer.

(Ord. 527 § 1 (part), 1995)

15.38.030   Special member appointment.

The mayor shall, subject to confirmation of the city council, appoint one individual to act as a special member of the King County landmarks and heritage commission as provided for in Section 20.62.030 of the King County Code. The special member shall have a demonstrated interest and competence in historic preservation. The special member shall be appointed for a three-year term. Each 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 such appointment were made 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. A special member may be re-appointed, but may not serve more than two consecutive three-year terms. A special member shall be deemed to have served one full term if that special member resigns at any time after appointment or if that special member serve more than two years of an unexpired term. Special members shall serve without compensation except for out of pocket expenses incurred in connection with commission meetings or programs. The city shall reimburse such expenses incurred by the special member.

(Ord. 527 § 1 (part), 1995)

15.38.040   Definitions.

A.

The city council adopts by reference the definitions contained in King County Code Section 20.62.020 except as stated below.

B.

"Council" is the Black Diamond city council.

C.

"Manager" shall be read to be the city administrator.

(Ord. 527 § 1 (part), 1995)

15.38.050   Designation criteria.

The designation criteria for landmarks as contained in King County Code Section 20.62.040 is adopted by reference for the designation criteria of landmarks within the city.

(Ord. 527 § 1 (part), 1995)

15.38.060   Designation procedure.

The designation procedure for landmarks as contained in King County Code Section 20.62.070 is adopted by reference for the designation procedure of landmarks within the city.

(Ord. 527 § 1 (part), 1995)

15.38.070   Certificate of appropriateness procedure.

The certificate of appropriateness procedure for landmarks as contained in King County Code Section 20.62.080 is adopted by reference by the city, except the last sentence of King County Code Section 20.62.080(a).

(Ord. 527 § 1 (part), 1995)

15.38.080   Adoption by reference.

The following sections of King County Code 20.62, are here adopted by this reference.

Topic Title Source of
Adopted Law
Nomination Procedure KCC 20.62.050
Evaluation of Economic Impact KCC 20.62.100
Penalty for Violation KCC 20.62.130
Special Valuation for Historic Properties KCC 20.62.140

 

(Ord. 527 § 1 (part), 1995)

15.38.090   Nomination approval.

No historic resource may proceed through the nomination procedure of King County Code Section 20.62.050 until such time as the city council has approved the historic resource for nomination. A minimum of four councilmembers must vote in favor in order that the resource be eligible for nomination. Said approval by the council is a condition precedent to any nomination procedure.

(Ord. 527 § 1 (part), 1995)

15.38.100   Appeal procedure.

A.

Any person aggrieved by a decision of the commission designating or rejecting a nomination for designation of a landmark or issuing or denying a certificate of appropriateness may, within thirty-five calendar days of mailing of notice of such designation or rejection of nomination, or of such issuance of denial or approval of a certificate of appropriateness, appeal such decision in writing to the council. The written notice of appeal shall be filed with the historic preservation officer and the clerk-treasurer of the council and shall be accompanied by a statement setting forth the grounds of the appeal, supporting documents and argument.

B.

If after examination of the written appeal and the record, the council determines:

1.

An error in fact may exist in the record, it shall remand the proceeding to the commission for reconsideration or, if the council determines that:

2.

The decision of the commission is based on an error in judgment or conclusion, it may modify or reverse the decision of the commission.

C.

The council's decision shall be based solely upon the record; provided, that the council may at its discretion publicly request additional information of the appellant, the commission or the historic preservation officer.

D.

The council shall take final action on any appeal from a decision of the commission by adoption of an ordinance, and when so doing, it shall make and enter findings of fact from the record and reasons therefrom which support its action. The council may adopt all or portions of the commission's findings and conclusions.

E.

The action of the council sustaining, reversing, modifying or remanding a decision of the commission shall be final unless within twenty calendar days from the date of action an aggrieved person obtains a writ of certiorari from the superior court of King County, state of Washington, for the purpose of review of the action taken.

(Ord. 527 § 1 (part), 1995)