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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 register without review by the historical commission and issuance 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 that contribute to its designation as identified on the nomination form.

B. Exemption. This section shall have no application to ordinary repair and maintenance, including painting, nor to emergency repairs.

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 Everett register property to the commission staff, who shall notify the applicant of the commission review requirements. The commission shall review the application for certificate of appropriateness or waiver prior to the building official granting a permit. Any conditions agreed to by the applicant in this review process shall become conditions of approval of the permits granted. If conditions are not met, the certificate of appropriateness may be revoked or, in the case of a waiver involving demolition, the city may take such action it deems appropriate including issuance of stop-work orders and/or suspension of permits.

2. Commission Review. The owner or their agent shall apply to the commission for a review of the proposed changes to a register property or within a register historic district and request a certificate of appropriateness or, in the case of demolition, a waiver. Each application for review of proposed changes shall be accompanied by such information as is required by the commission established in its rules for the proper review of the proposed project.

3. Commission Procedures. The commission shall meet with the applicant and review the proposed work according to the requirements set forth in this chapter, and, in the case of reconstruction, alteration, restoration, remodel, repair or moving, the design review criteria established in the Washington State Advisory Council’s Standards for Rehabilitation and Maintenance of Historic Properties. The commission’s recommendation 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. The decision concerning the granting or denial of a certificate of appropriateness shall be made by the planning director on the advice of the commission according to the standards established in the commission’s rules. Once a decision is rendered, it shall be transmitted to the building official. The building official may then issue the permit provided the proposed work meets all other appropriate regulations.

4. 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 Everett register property. The owner or their agent shall apply to the commission for review of the proposed demolition and request a waiver. When there is no feasible alternative to demolition, then either the significant historic character defining features should be saved and incorporated as part of the new design, or the new design should, in some measure, preserve or recognize the historic character or provide reasonable mitigation. The commission shall make a recommendation to the city council. The commission may recommend that: (a) the waiver be granted; (b) the waiver be granted with conditions; or (c) the waiver be denied. In addition, the commission may recommend that the property be removed from the register upon demolition. Conditions, in the case of a recommendation waiving a certificate of appropriateness involving demolition, may include a recommendation that the owner provide reasonable mitigation for the loss of the Everett register property. Reasonable mitigation for the loss may include a demolition that: (1) saves significant facade features and incorporates them into the design of the structure; (2) incorporates identified character defining features into the design of the new structure; or (3) such other alternatives found acceptable to the historical commission or the city council. (Ord. 3774-20 § 5(P) (Exh. 3), 2020.)