|
Frequently Asked Questions
Owners and Development of Historic Property
1. What benefits do I receive for owning a Seattle landmark property or
property in a preservation district?
2. What are the benefits of owning property in a preservation district
or listed in the National Register of Historic Places?
3. What should I tell tenants in my historic building?
4. What kinds of changes can be made to property located in a preservation
district or listed as a landmark?
5. How do I obtain a Certificate of Approval to make a change?
6. What happens if I make a change without a Certificate of Approval?
1. What benefits do I receive for owning a Seattle landmark
property or property in a preservation district?
Seattle offers a number of incentives to owners of landmark properties and properties
within preservation districts. These include:
-
Special Tax Valuation for Historic Properties - In 1985 the Washington State Legislature
passed a law allowing "special valuation" for certain historic properties. Prior
to that time, owners who rehabilitated historic buildings were subject to increased
property taxes once the improvements were made. Special valuation establishes a
period of up to ten years during which rehabilitation costs approved by the local
review board are subtracted so that taxes do not reflect substantial improvements
made to the property. The Seattle Landmarks Preservation Board is the local review
board for the purposes of the law.
A property eligible for tax relief, as defined by the Seattle City Council, must
meet three criteria:
-
It is a designated landmarks subject to a designating ordinance by the Seattle City
Council or it is a contributing building located within a Seattle preservation District
or National Register District.
-
The property must have undergone an approved rehabilitation within the two years
prior to the date of application.
-
Rehabilitation must be equal in cost to at least 25 percent of the assessed value
of the building or structure, exclusive of land value, prior to rehabilitation.
"Qualified rehabilitation expenditures" are expenses chargeable to the project and
include improvements made to the building within its original perimeter, architectural
and engineering fees, permit and development fees, loan interest, state sales tax,
and other expenses incurred during the rehabilitation period. Not included are costs
associated with acquisition of the property or the enlargement of the building.
Expenditures are based on the I.R.S. definition of Qualified Rehabilitation Expenditure.
-
Interested property owners must file an application by October 1 with the King County
Assessor's office after the rehabilitation work has been completed. The Assessor
transmits the application to the Landmarks Preservation Board for review. The Board
reviews and approves the application, confirming the cost of the rehabilitation
and its compliance with previous Board approval. Once approved, the property owner
signs an agreement with the Board for a ten-year period during which time the property
must be maintained in good condition. The owner must obtain approval from the Board
prior to making future improvements. If the property is sold, the new owner must
sign the same agreement for the special valuation to remain in effect.
-
Building Code Relief - The Seattle Building Code, which is adopted by the City Council
to accompany the Uniform Building Code, allows the Director of DPD to modify specific
requirements of the building code for landmark buildings. This is significant because
the building code requires that when there is a conflict between a general requirement
and a specific one, the specific requirement is applicable. There are two additional
incentives for owners of designated landmarks subject to a designating ordinance.
-
Zoning Code Relief - The Director of the Department of Planning and Development
(DPD) may authorize a use of a designated landmark not otherwise permitted in that
zone. The Seattle City Council authorized this flexibility in order to encourage
the preservation and use of historic buildings. An owner must file an application
with DPD to be considered for a variance. Approval is subject to certain development
standards that include approval by the Seattle Landmarks Preservation Board.
-
Zoning Code Provisions for Downtown Seattle Landmarks - A Transfer of Development
Rights program is available for Seattle landmarks located in downtown, retail and
mixed use areas. Such a landmark in a downtown residential zone is exempt from any
restriction on commercial density so long as the building is restored and committed
for long-term preservation and contains residential floor area equivalent to that
occupied by housing as of June 1, 1974. The Code also identifies fifteen buildings
in the retail core for which a bonus for a major retail store or performing arts
will not be granted unless the building facade is preserved. Development on the
site that results in the destruction of a designated Seattle landmark is not allowed
to acquire additional development rights through a floor area bonus.
2. What are the benefits of owning property in a preservation
district or listed in the National Register of Historic Places?
Listing in the National Register makes it is eligible for several economic benefits.
When an owner donates a facade easement, that is, grants control of the property's
facade to a nonprofit organization, the owner takes a charitable tax deduction based
on the easement's appraised value and the nonprofit organization controls any changes
made to the facade. Buildings listed in the National Register are eligible for certain
types of grants-in-aid, information on which is available from the Washington State
Office of Archeology and Historic Preservation (OAHP) in Olympia at (360) 586-3065.
The federal Tax Reform Act of 1986 permits owners and some lessees of buildings
listed in the National Register to take a 20 percent income tax credit on some rehabilitation
costs. Contact OAHP for details.
3. What should I tell tenants in my historic building?
Tell tenants they are in a designated landmark or preservation district which grants
them special benefits because of its unique character, but requires certain responsibilities
of business owners in order to maintain that special character. This Internet site
contains several pages that will help your tenants understand their responsibilities,
Answers to 11 Questions About Historic Preservation in Seattle, Getting Approval
to Alter a Historic Property, Information for Owners of a Business in a Preservation
District, and the homepage for the preservation district where your property is
located.
4. What kinds of changes can be made to property located
in a preservation district or listed as a landmark?
There are fewer restrictions than you might think since the goal is to manage change,
not to eliminate it. Protection is provided by review and approval of modifications
to the exteriors and, in some cases, the interiors of buildings. In other cases,
building use is monitored. Review guidelines and the process of applying for a Certificate
of Approval to make a change vary depending on the district or landmark. Consult
the Historic Preservation Division at (206) 684-0228 or the Internet homepage for
the preservation district where your property is located.
The following changes require a Certificate of Approval before work can begin, even
if no permit from the Department of Planning and Development (DPD) is required.
- Any change to the exterior of any building or structure
- Installation of any new sign or changes to existing signs
- A change in the color the building or structure is painted
- Any change in a public right-of-way or other public space, including parks and sidewalks
- this may include sidewalk displays, street lights and so forth
- New construction
- Demolition of any building or structure
- Changes to the interior that show from the street, changes to individual business
spaces in the Pike Place Market, and changes to the interior of some landmark buildings
- Site alterations in some cases
- A proposed new business or service or an expansion of current use in some cases
5. How do I obtain a Certificate of Approval to make a change?
Before you make any change to a structure or site in a preservation district or
to a landmark, contact the Historic Preservation Program so we can recommend next
steps. You can reach us at (206) 684-0228. Specific requirements vary by district,
but in general the approval process consists of these steps.
Step 1:
Complete an application for a Certificate of Approval. Landmarks and preservation
districts have separate application forms since requirements vary. The Historic
Preservation Program will send you an application. See Instructions for Applying
for a Certificate of Approval for additional information about the process.
Step 2:
Submit the original of the completed application, any other required information,
and a check to cover the administrative fee. Mail or deliver it to the Historic
Preservation Program.
Step 3:
The Historic Preservation Program Coordinator checks your application for completeness
and compliance with guidelines. After your application is determined complete, the
coordinator places it on the agenda for the next public meeting of the Board or
Commission responsible for overseeing your property. In some cases, the coordinator
will also schedule you to meet with a Design Review, Architectural Review or Use
Review Committee. These committees meet prior to the full Board meeting and make
a recommendation to the full Board.
Step 4:
At the full meeting of the Board, you present your application and the members vote
on it. Based on the vote, your application is approved, approved with conditions,
or denied. You are then issued a Certificate of Approval or a Letter of Denial.
6. What happens if I make a change without a Certificate
of Approval?
If unapproved work is in process, the Department of Planning and Development (DPD)
will issue a "stop work" order at the request of the Historic Preservation Program.
The business or property owner then must submit an application for approval to the
appropriate board or commission. If the change is not approved, the owner may be
required to undo the change and repair any damage to the historic building at his
or her own expense. If a change is not made as represented and approved, a Certificate
of Approval can be revoked. Contact the Historic Preservation Program before you
start any project by calling (206) 684-0228. |