17.90.050 Register of historic places.
A. Criteria for Determining Designation in the Register. Any building, structure, site, object, or district may be designated for inclusion in the city of Bellingham’s register of historic places if it is significantly associated with the history, architecture, archaeology, engineering, or cultural heritage of the community; if it maintains significant historic integrity; if it is at least 50 years old, or is of lesser age and has exceptional importance; and if it falls in at least one of the following categories:
1. Is associated with events that have made a significant contribution to the broad patterns of national, state, or local history.
2. Embodies the distinctive architectural characteristics of a type, period, style, or method of design or construction, or represents a significant and distinguishable entity whose components may lack individual distinction.
3. In the case of districts, the application shall include a description of the boundaries of the district; the characteristics of the district which justify its designation; and a list of all properties including features, structures, sites, and objects which contribute to the designation of the district.
4. Exemplifies or reflects special elements of the city’s cultural, economic, political, aesthetic, engineering, or architectural history.
5. Is associated with the lives of persons significant in national, state, or local history.
6. Has yielded or may be likely to yield important archaeological information about prehistory or history.
7. Is a building or structure removed from its original location but which is significant primarily for architectural value, or which is the only surviving structure significantly associated with a historic person or event.
8. Is a birthplace or grave of a historical figure of outstanding importance and is the only surviving structure or site associated with that person.
9. Is a cemetery which derives its primary significance from age, from distinctive design features, or from association with historic events, or cultural patterns.
10. Is a creative and unique example of folk architecture and design created by persons not formally trained in the architectural or design professions, and which does not fit into formal architectural or historical categories.
B. Process for Designating Properties or Districts to the City of Bellingham’s Register of Historic Places.
1. The property owners, the commission, or the city council may nominate a building, structure, site, object, or district for inclusion in the city of Bellingham’s register of historic places. If the commission or the city council nominates an individual property, the property owner must approve the nomination.
2. In the case of individual properties, the application shall include all historic features, interior and exterior, and outbuildings that contribute to its designation.
3. In the case of districts, the application shall include a description of the boundaries of the district; the characteristics of the district which justify its designation; and a list of all properties including features, structures, sites, and objects which contribute to the designation of the district.
4. For individual properties, the historic preservation commission shall consider the merits of the nomination by applying the criteria in subsection (A) of this section and following the Type V-B review process in BMC 21.10.140(B). If the commission finds that the nominated property is eligible for the city of Bellingham’s register of historic places, the commission shall list the property in the register with the owner’s consent.
5. For a nominated historic district, the following procedures and standards shall apply:
a. Owners of more than 50 percent of the area in the proposed district must consent, in writing, to nomination of the district prior to its consideration by the commission, unless the nomination is made by city council;
b. Commission staff shall review the proposal for land use impacts, consistency with the city’s comprehensive plan and applicable neighborhood plan, and other related plans and codes. Staff shall submit its analysis of these issues to the commission;
c. A neighborhood meeting on the nomination shall be held before the commission considers the nomination;
d. The commission shall consider the merits of the nomination at a public hearing by applying the criteria in subsection (A) of this section and the staff analysis described above. The city shall mail notice of the public hearing to all property owners within the proposed district at least 14 days prior to the hearing;
e. After completing its review, the commission shall make a recommendation to the planning commission and city council regarding the nomination. The recommendation shall be reviewed by the planning commission and city council in accordance with the Type VI process of BMC 21.10.150;
f. If the commission recommends listing the nominated historic district on the city’s register of historic places, the commission shall include in its recommendation a description of the boundaries of the district and the characteristics of the district which justify its designation; a list of all the properties including historic features, structures, sites, and objects which contribute to the designation of the district; and design standards for the district, including standards for noncontributing property and new development;
g. A property shall be designated as a contributing property only with the consent of the property owner; and
h. If city council approves the listing, the historic district on the city’s register of historic places, all properties in the district identified as contributing to the historic district shall be subject to the same regulations as properties individually listed on the register as provided for in subsections (C) and (D) of this section. The city’s review of changes to noncontributing properties in the district, including undeveloped land, shall be determined by the design standards adopted for the district by city council.
6. Properties and districts listed on the city of Bellingham’s register of historic places shall be so noted in the city’s manual or electronic permit tracking system or other database to alert staff and public as to the presence of a historic site, structure, object or building.
C. Removal of Properties from the Register. In the event that any property individually listed on the city of Bellingham’s register of historic places or listed on the register as a contributing property to a historic district is no longer deemed appropriate for designation to the register, the commission may initiate removal from such designation by the same procedure as provided for in establishing the designation in subsection (B) of this section. A property may be removed from the register without the owner’s consent. Once a property is removed from the register, it is no longer eligible for special valuation or a conditional use permit for an adaptive use.
D. Effects of Listing on the Register.
1. Listing on the city of Bellingham’s register of historic places is an honorary designation denoting significant association with the historic, archaeological, engineering, or cultural heritage of the community. Properties are listed individually or as contributing properties to a historic district.
2. Prior to the commencement of any work on a register property, excluding those activities defined in BMC 17.90.060(B), the owner must request and receive a certificate of alteration from the commission for the proposed work. Violation of this rule shall be grounds for the commission to review the property for removal from the register.
3. Prior to whole or partial demolition of a register property, the owner must request and receive a certification of demolition.
4. Properties listed on the National Register of Historic Places, certified as contributing to a National Register Historic District, listed in the city of Bellingham’s register of historic places, or certified as contributing to a local historic district may be eligible for special tax valuation on their rehabilitation in accordance with BMC 17.90.070.
5. A property listed on the city of Bellingham’s register of historic places may be eligible for a conditional use permit for an adaptive use of the property in accordance with BMC 17.90.080.
6. Once a property is listed on the city of Bellingham’s register of historic places, the property owner is required to provide ordinary maintenance to the property to prevent deterioration and decay which threatens the historic features of the property. [Ord. 2015-12-053 § 2; Ord. 2005-12-094].