18.20.060 Review of changes to the city of Anacortes register of historic places properties.
A. Review Required. No person shall change the use, construct any new building or structure, or reconstruct, alter, restore, remodel, repair, move, or demolish any existing property on the city register of historic places without review by the board and without receipt of a certificate of appropriateness, or in the case of demolition, a waiver, as a result of the review.
The review shall apply to all features of the property—interior and exterior—that contribute to its designation and are listed on the nomination form. Information required by the board to review the proposed changes are established in rules.
B. Exemptions. The following activities do not require a certificate of appropriateness or review by the board: ordinary repair and maintenance that include painting or emergency measures defined in Section 18.20.030(K).
C. Review Process.
1. Requests for Review and Issuance of a Certificate of Appropriateness or Waiver. The building official shall report any application for a permit to work on a designated city register property to the board. Board review will occur concurrently with city permit review process. If the activity is not exempt from review, the board shall notify the applicant of the review requirements. The building official shall not issue any such permit until a certificate of appropriateness or a waiver is received from the board, but shall work with the board in considering building and fire code requirements. Life safety codes must be maintained.
2. Board Review. The owner or his/her agent (architect, contractor, lessee, etc.) shall apply to the board for a review of proposed changes on a city register property and request a certificate of appropriateness or, in the case of demolition, a waiver. Each application for review of proposed changes shall be accomplished by such information as is required by the board established in its rules for the proper review of the proposed project.
The board shall meet with the applicant and review the proposed work according to the design review criteria established in rules. Unless legally required, there shall be no notice, posting, or publication requirements for action on the application, but all such actions shall be made at regular meetings of the board.
The board shall complete its review and make its recommendations within thirty days of the date of receipt of the application. If the board is unable to process the request, the board may ask for an extension of time. The board’s recommendations shall be in writing and shall state the findings of fact and reasons relied upon in reaching its decision. Any conditions agreed to by the applicant in this review process shall become conditions of approval of the permits granted if the owner agrees to the board’s recommendations.
The board, according to the standards established in the board’s rules, shall award a certificate of appropriateness. The board’s recommendations and, if awarded, the certificate of appropriateness shall be transmitted to the building or zoning official. If a certificate of appropriateness is awarded, the building or zoning official may then issue the permit.
3. Demolition. A waiver of the certificate of appropriateness is required before a permit may be issued to allow whole or partial demolition of a designated city register property. The owner or his/her agent shall apply to the board for a review of the proposed demolition and request a waiver. The applicant may meet with the board in an attempt to find alternatives to demolition. These negotiations may last no longer than forty-five days from the initial meeting of the board, unless either party requests an extension. If no request for an extension is made and no alternative to demolition has been agreed to, the board shall act and advise the official in charge of issuing a demolition permit of the approval or denial of the waiver of a certificate of appropriateness. Conditions in the case of granting a demolition permit may include allowing the board up to forty-five additional days to develop alternatives to demolition. Any conditions agreed to by the applicant in this review process shall become conditions of approval of the permit granted. After the property is demolished, the board shall initiate removal of the property from the register.
4. Appeal of Approval or Denial of a Waiver of a Certificate of Appropriateness. The board’s decision regarding a waiver of a certificate of appropriateness may be appealed to the city council within ten days. The appeal must state the grounds upon which the appeal is based. The appeal shall be reviewed by the city council with comments to council presented by at least one board member and the appellant(s), in addition to all records pertaining to appeal. Owner retains option, after council appeal, to remove property from the register. Appeal of the city council’s decision regarding a waiver of a certificate of appropriateness may be appealed to superior court. (Ord. 2530 § 6, 2000)