The following words and terms shall, when used in this chapter, be defined as follows unless a different meaning clearly appears from the context. The definitions provided below shall be used in administering this chapter and supersede any definitions found elsewhere in Title 16. These definitions shall have no meaning or relevance outside of TMC Chapter 16.60.
1. 
"Alteration"
is any construction, demolition, removal, modification, excavation, restoration or remodeling of a landmark.
2. 
"Building"
is a structure created to shelter any form of human activity, such as a house, barn, church, hotel or similar structure. Building may refer to a historically related complex, such as a courthouse and jail or a house and barn.
3. 
"Certificate of appropriateness"
is written authorization issued by the Commission or its designee permitting an alteration to a significant feature of a designated landmark.
4. 
"Commission"
is the Landmark Commission created by this chapter.
5. 
"Community landmark"
is a historic resource that has been designated pursuant to TMC Chapter 16.60 but which may be altered or changed without application for or approval of a Certificate of Appropriateness.
6. 
"Designation"
is the act of the Commission determining that a historic resource meets the criteria established by this chapter.
7. 
"Designation report"
is a report issued by the Commission after a public hearing setting forth its determination to designate a landmark and specifying the significant feature or features thereof.
8. 
"Director"
is the director of the City of Tukwila Department of Community Development or his or her designee.
9. 
"District"
is a geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united by past events or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically but linked by association or history.
10. 
"Heritage"
is a discipline relating to historic preservation and archaeology, history, ethnic history, traditional cultures and folklore.
11. 
"Historic preservation officer"
is the King County Historic Preservation Officer or his or her designee.
12. 
"Historic resource"
is a district, site, building, structure or object significant in national, state or local history, architecture, archaeology, and culture.
13. 
"Historic resource inventory"
is an organized compilation of information on historic resources considered to be significant according to the criteria listed in TMC Section 16.60.030.2. The Historic Resource Inventory is kept on file by the Historic Preservation Officer and is updated from time to time to include newly eligible resources and to reflect changes to resources.
14. 
"Incentives"
are such compensation, rights or privileges or combination thereof, which the City Council or other local, state or federal public body or agency, by virtue of applicable present or future legislation, may be authorized to grant to or obtain for the owner or owners of designated landmarks. Examples of economic incentives include but are not limited to tax relief, conditional use permits, rezoning, street vacation, planned unit development, transfer of development rights, facade easements, gifts, preferential leasing policies, private or public grants-in-aid, beneficial placement of public improvements, or amenities, or the like.
15. 
"Interested person of record"
is any individual, corporation, partnership or association that notifies the Commission or the City Council in writing of its interest in any matter before the Commission.
16. 
"Landmark"
is a historic resource designated as a landmark pursuant to TMC Chapter 16.60.
17. 
"Nomination"
is a proposal that a historic resource be designated a landmark.
18. 
"Object"
is a material thing of functional, aesthetic, cultural, historical, or scientific value that may be, by nature or design, movable yet related to a specific setting or environment.
19. 
"Owner"
is a person having a fee simple interest, a substantial beneficial interest of record or a substantial beneficial interest known to the Commission in a historic resource. Where the owner is a public agency or government, that agency shall specify the person or persons to receive notices under this chapter.
20. 
"Person"
is any individual, partnership, corporation, group or association.
21. 
"Person in charge"
is the person or persons in possession of a landmark including, but not limited to, a mortgagee or vendee in possession, an assignee of rents, a receiver, executor, trustee, lessee, tenant, agent, or any other person directly or indirectly in control of the landmark.
22. 
"Preliminary determination"
is a decision of the Commission determining that a historic resource that has been nominated for designation is of significant value and is likely to satisfy the criteria for designation.
23. 
"Significant feature"
is any element of a landmark the Commission has designated pursuant to this chapter as of importance to the historic, architectural or archaeological value of the landmark.
24. 
"Site"
is the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself maintains a historical or archaeological value regardless of the value of any existing structures.
25. 
"Structure"
is any functional construction made usually for purposes other than creating human shelter.
26. 
"City council" or "Council"
shall refer to the City Council of the City of Tukwila.
(Ord. 2384 § 2, 2012)
A. 
The King County Landmark Commission established pursuant to King County Code (K.C.C.) Chapter 20.62 is hereby designated and empowered to act as the Landmark Commission for the City pursuant to the provisions of this chapter.
B. 
The Commission shall have the authority to review nominations and designate any real property within the City of Tukwila as a landmark and to issue a Certificate of Appropriateness for any property that has been designated as a landmark, provided the property owner(s) has provided written consent to the landmark designation.
C. 
The special member of the King County Landmark Commission provided for in K.C.C. Section 20.62.030 shall be appointed by the Mayor of the City of Tukwila, subject to confirmation by the City Council. Such special member shall be a Tukwila resident who has a demonstrated interest in historic preservation. Such appointment shall be made for a three-year term. In the event that the special member cannot attend a required meeting, the chair of the Planning Commission or Vice-Chair may serve as an alternate Commission member.
D. 
In the event of a vacancy, an appointment shall be made to fill the vacancy in the same manner and with the same qualifications as if at the beginning of the term, and the person appointed to fill the vacancy shall hold the position for the remainder of the unexpired term.
E. 
The Commission shall not conduct any public hearings required under this chapter with respect to properties located within the City of Tukwila until the Commission’s rules and regulations, including procedures consistent with this chapter, have been filed with the Tukwila City Clerk. All meetings of the Commission shall be open to the public. All public hearings to consider a landmark designation within the City of Tukwila shall be held within the City of Tukwila.
F. 
The Commission shall file its rules and regulations, including procedures consistent with this ordinance, with the Tukwila City Clerk.
(Ord. 2384 § 3, 2012; Ord. 2433 § 1, 2014)
The following sections of King County Code (K.C.C.) Chapter 20.62 are hereby adopted and are incorporated by reference herein and made a part of this chapter the same as though they were set forth herein:
1. 
K.C.C. Section 20.62.030 – “Landmark Commission created – membership and organization.”
2. 
K.C.C. Section 20.62.040 – “Designation criteria,” except Paragraph A is amended to read as follows:
A. 
Real property owned by the City of Tukwila may be designated as a City of Tukwila landmark if it is more than 40 years old or, in the case of a landmark district, contains resources that are more than 40 years old, and possesses integrity of location, design, setting, materials, workmanship, feeling and association, and:
1. 
Is associated with events that have made a significant contribution to the broad patterns of national, state or local history; or
2. 
Is associated with the lives of persons significant in national, state or local history; or
3. 
Embodies the distinctive characteristics of a type, period, style or method of design or construction, or that represents a significant and distinguishable entity whose components may lack individual distinction; or
4. 
Has yielded, or may be likely to yield, information important in prehistory or history; or
5. 
Is an outstanding work of a designer or builder who has made a substantial contribution to the art.
3. 
K.C.C. Section 20.62.050 – “Nomination procedure,” except Paragraphs E and F are added to read as follows:
E. 
The Tukwila City Council shall first issue a Notice to Proceed before any property owned by the City of Tukwila is considered by the Historic Preservation Officer. The Notice to Proceed shall be a discretionary, legislative act. A Notice to Proceed may be approved by the City Council via a resolution or motion. No public hearing is required when considering a Notice to Proceed; however, this shall not preclude the City Council from allowing public testimony. A Notice to Proceed may be placed on the regular City Council consent agenda for action.
F. 
As part of the consideration of a Notice to Proceed, a fiscally responsible person or entities shall be identified. The fiscally responsible person or entities shall be responsible for compensating the City for any charges incurred on the City by King County related to King County’s assistance in the nomination process. The City shall pay the charges for any Tukwila-based 501(c)(3) organization. The fiscally responsible person or entities (except for Tukwila-based 501(c)(3) organizations) shall also pay to the City an overhead charge of 3% above those charges that are incurred by King County.
4. 
K.C.C. Section 20.62.070 – “Designation procedure,” except all references to “King County” within this section are changed to read “City of Tukwila”.
5. 
K.C.C. Section 20.62.080 – “Certificate of appropriateness procedure,” except Paragraph E is added to read as follows:
E. 
The applicant who submitted an application for a Certificate of Appropriateness, or other willing fiscally responsible party, shall be responsible for payment of all fees associated with King County’s review of the Certificate of Appropriateness application, plus a 3% overhead fee for City staff time. All fees shall be paid directly to the City of Tukwila, which shall then reimburse King County for their time as specified in the interlocal agreement between the City and the County. In the case of a Tukwila-based 501(c)(3) organization, the City shall pay all charges and no overhead fee shall be assessed.
6. 
K.C.C. Section 20.62.100 – “Evaluation of economic impact.”
7. 
K.C.C. Section 20.62.110 – “Appeal procedure,” except Paragraph A is amended to read as follows:
A. 
Any person aggrieved by a decision of the Commission designating or rejecting a nomination for designation of a landmark or issuing or denying a Certificate of Appropriateness may, within 35 calendar days of mailing of notice of such designation or rejection of nomination, or of such issuance or denial or approval of a Certificate of Appropriateness, appeal such decision in writing to the City Council. The written notice of appeal shall be filed with the Tukwila City Clerk and shall be accompanied by a statement setting forth the grounds for the appeal, supporting documents, and argument. The appellant shall pay an appeal fee of $250 to the City of Tukwila, which shall be provided to the City within the time frame for filing appeals established by this paragraph. Failure to provide the required fee shall constitute a failure to file a timely appeal. An appeal which is not timely filed shall be dismissed by the City Council.
8. 
K.C.C. Section 20.62.120 – “Funding.”
9. 
K.C.C. Section 20.62.140 – “Special valuation for historic properties.”
(Ord. 2384 § 4, 2012)
The official responsible for the issuance of building and related permits shall promptly refer applications for permits that affect inventoried historic buildings, structures, objects, sites, districts, or archaeological sites to the King County Historic Preservation Officer (HPO) for review and comment. For the purposes of this section, “affect” shall be defined as an application for change to the site of the inventoried property, whether through new construction, alterations or excavation. Inventoried properties are those that are listed in the King County Historic Resource Inventory. The responsible official shall seek and take into consideration the comments of the HPO regarding mitigation of any adverse effects affecting historic buildings, structures, objects, sites, or districts.
(Ord. 2384 § 5, 2012)
All King County landmarks designated pursuant to the provisions of King County Code Chapter 20.62 that are located within the boundaries of the City of Tukwila shall be subject to the provisions of this ordinance and considered City of Tukwila landmarks.
(Ord. 2384 § 6, 2012)