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A. Criteria for Determining Designation in Register. Any building, structure, site, object or landscape (including trees and other plants) may be designated for listing in the city of Lynnwood register of historic landmarks, with owner consent, by the Lynnwood historical commission. The criterion for age is at least 50 years. The building, structure, site, object or landscape must possess integrity of location, design, setting, materials, workmanship, feeling, species, age and association, that is significant in the history, architecture, archaeology, engineering or cultural heritage of America, Washington State and/or city of Lynnwood. In addition to meeting the age and historical significance criteria, the following criteria will be considered:

1. That are associated with significant historic events; or

2. That are associated with a person or persons who significantly contributed to the culture and development of the city of Lynnwood; or

3. That embody the distinctive characteristics of a type, period, or method of construction, architectural design, detail, material, craftsmanship, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or

4. That exemplify the cultural, economic, social, or historic heritage of the city of Lynnwood; or

5. That embody distinguishing characteristics of an architectural type or specimen; or

6. That embody elements of architectural design, detail, materials, or craftsmanship that represent a significant architectural innovation; or

7. That have a relationship to other distinctive areas that are eligible for preservation according to a plan based on an historic, cultural, or architectural motif; or

8. That have a unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood, community, or the city of Lynnwood; or

9. That have yielded, or may be likely to yield information important in prehistory or history; or

10. That by virtue of the species, age, scarcity, outstanding quality, location or connection to an historic event or person such landscape, trees or other plant material contribute significantly to the community or the city of Lynnwood.

B. Special Criteria for Determining Designation in Register. Ordinarily cemeteries, birthplaces, or graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past 50 years shall not be considered eligible for the register. However, such properties may qualify if they are integral parts of districts that meet the criteria of subsection (A) of this section or if they meet the following criteria:

1. A religious property deriving primary significance from architectural or artistic distinction or historical importance; or

2. A building or structure removed from its original location but which is significant primarily for architectural value, or which is the surviving structure most importantly associated with an historic person or event; or

3. A birthplace or grave of an historical figure of outstanding importance if there is no appropriate site or building directly associated with his/her productive life; or

4. A cemetery which derives its primary significance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic events; or

5. A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived; or

6. A property, building, structure or object primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own historical significance; or

7. A property, building, structure or object achieving significance within the past 50 years if it is of exceptional importance; or

8. A property, building, structure or object that exemplifies or promotes the value of historic preservation and contributes to a better understanding of a connection to Lynnwood’s or the area’s history.

C. Process for Designating Properties to the Register of Historic Landmarks.

1. Nomination. Any person may nominate, with the property owner’s consent, a building, structure, site, object or landscape for listing in the city of Lynnwood register of historic landmarks. In its designation decision, the historical commission shall consider the criteria in this section, historical commission’s historic resources inventory and the comprehensive plan.

2. Notification of Review. The public, property owner(s), lessee and nominator shall be notified prior to the required public hearing included in the commission’s review of the nomination.

a. The notice shall contain the following:

i. Date, time and location of the public hearing and meeting.

ii. Name of the nominator(s).

iii. Street address of the property.

iv. Brief description of the historic significance of the property.

b. The notice shall be mailed to the property owner, lessee and nominator at least 14 days prior to the public hearing.

c. The notice shall be published by a display advertisement in the official daily newspaper of the city at least 14 days prior to the public hearing.

d. The notice shall be posted per LMC 1.12.010 and at the site at least 14 days prior to the public hearing.

3. Review. The historical commission shall consider the merits of the nomination, according to the criteria in this section, at a public meeting and following a public hearing on the nomination. Any public hearing or public meeting noticed and opened by the commission may be continued as determined necessary by the board.

4. Findings. If the historical commission finds that the nominated property is eligible for the register, the commission shall designate, with owner’s consent, the property as listed on the register.

a. In the case of individual properties, the designation shall include a site reference and all features, interior and exterior, and outbuildings that contribute to its designation.

5. Notification of Designation. The public, property owner(s), lessee, and nominator shall be notified of the historical commission’s designation.

a. Notice of the commission’s decision shall be mailed to the owner, lessee and nominator within five working days of the decision.

b. Notice of the decision will be mailed to any person who has specifically requested it.

6. Recording. Properties listed on the register of historic landmarks shall be identified on the city’s zoning map. The owner shall record the designation with the Snohomish County auditor within 30 days of the designation of the property as listed on the register. The recorded document shall include a condition that the owner and the owner’s successors, heirs, and assigns shall be responsible for maintaining the historical features of the property identified by the historical commission in its findings designating the eligibility of the property for the register and be prohibited from any act or omission resulting in alterations to the property that result in loss of the property’s historical significance, within 10 years of the date of the designation of the property on the register. The covenant shall further provide for agreement by the owner and the owner’s successors, heirs and assigns that in the event that the property is removed from the register during the 10-year period pursuant to subsection (D) of this section, the reduction or waiver of zoning code development standards granted by the development and business services director pursuant to this chapter shall be immediately terminated and revoked, and that any use of the property or structure on the property not in compliance with the zoning code development standards existing on the date(s) a building or other city permit or approval was granted for the then current use or structure shall be an illegal use and/or structure for which the certificate or right of occupancy shall be immediately terminated.

D. Removal of Properties from the Register.

1. A property may be removed from the register if alterations to the property result in loss of historical integrity.

2. In the event that any property 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. A property may be removed from the register without the owner’s consent.

3. An owner may initiate removal of their property from the register. Removal of the property from designation to the register shall be by the same procedure as provided for in establishing the designation.

4. It is intended that any property listed on the register that is benefited by any reduction or waiver of zoning or other land use regulations as provided for in this chapter shall remain listed for a period running at least 10 years from the date the historical commission designated the property as listed on the register. This 10-year condition shall be recognized of record in a covenant running with the land as described in subsection C of this section, and is binding on the owner and all heirs, successors and assigns of the owner.

E. Effects of Listing on the Register.

1. Listing on the register 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 an historic district. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 2445 § 1, 2003)