21.10.160 Type VII – Historic place certificate of alteration.
A. Application. An application shall be reviewed to determine whether it is complete under the procedures in BMC 21.10.190.
B. Notice of Application. The procedures in BMC 21.10.200 apply to a Type VII process.
C. Minimum Comment Period. The procedures in BMC 21.10.210 apply to a Type VII process.
D. Environmental Review. When a threshold decision is required under Chapter 16.20 BMC, the procedures in BMC 21.10.220 apply to a Type VII process.
E. Notice of Hearing.
1. The public hearing shall be scheduled for a date no sooner than 15 days after the notice of application and no sooner than 15 days after the issuance of a SEPA determination of nonsignificance. Staff recommendations and the SEPA decision shall not be issued until after the close of the minimum public comment period; provided, that the optional DNS process in BMC 16.20.070 and 16.20.080 may be used.
2. Notice of the public hearing for the application shall be published in a newspaper of general circulation at least 10 days prior to the hearing date.
3. Notice of the hearing shall be mailed at least 10 days prior to the hearing in the same manner as provided in BMC 21.10.200(D).
4. The notices shall contain a brief description and the general location of the proposal, the time, date and location of the hearing and information about the availability of the staff report.
F. Historic Preservation Commission Hearing.
1. The historic preservation commission (commission) shall conduct an open record public hearing on the proposal. Any person may participate in the hearing by submitting written comments to the planning and community development department prior to the hearing or by submitting written comments or making oral comments at the hearing.
2. The department shall transmit to the commission a copy of the application, staff report and all written comments received prior to the hearing. The information shall also include the SEPA threshold decision and records regarding public notice of the application.
3. The commission shall create a complete record of the public hearing including all exhibits introduced at the hearing and an electronic sound recording of each hearing.
G. Historic Preservation Commission Decision.
1. The commission shall approve a project or approve with conditions if the applicant has demonstrated that the proposal complies with the applicable decision criteria in Chapter 17.90 BMC. The applicant carries the burden of proof and must demonstrate that a preponderance of the evidence supports the conclusion that the application merits approval or approval with conditions. In all other cases, the commission shall deny the application.
2. Following the close of the record, a written report shall be issued that contains:
a. The decision of the commission;
b. Any conditions included as part of the decision; and
c. Findings of fact upon which the decision, including any conditions, was based and the conclusions derived from those facts.
H. Notice of Decision. The procedures in BMC 21.10.230 apply to a Type VII process.
I. Appeal of Type VII Decision. A Type VII decision may be appealed to the hearing examiner. The hearing examiner shall conduct a closed record appeal hearing. [Ord. 2005-12-094; Ord. 2004-09-065].