(a) Administrative Regulations.
(1) Board Established. There is hereby established by City Ordinance an Architectural Review Board which has the power and duties prescribed by law and by this Code.
(2) Composition and Appointment. The Architectural Review Board is constituted in the following manner:
A. Composition. The Architectural Review Board consists of five (5) members appointed by City Council. Of the five (5) members, composition to the extent feasible must include a minimum of two (2) professionals practicing in one or more of the following fields: architecture, planning, landscape architecture, history or historic preservation, and urban design. In the event of the death, resignation, or removal of a member, Council must fill the vacancy for the unexpired portion of the term of that member.
B. Appointment. All appointments are for a (3) year term. No member is allowed to serve more than three (3) consecutive terms or twelve (12) consecutive years, whichever occurs first. Once the term limit is met, the member may not reapply to the Board of Zoning Appeals for one (1) full term. The members of the Board must be residents of the City of Kent and will serve without compensation unless compensation is approved by City Council.
(3) Organization. The Architectural Review Board must elect a chairperson, vice chairperson, and secretary. City Council prescribes by-laws and rules to follow and where not otherwise dictated, the Architectural Review Board must act in accordance with Robert's Rules of Order for Small Groups, most current edition.
(4) Quorum. Three (3) members of the Architecture Review Board constitute a quorum and a concurring vote of three (3) members of the Architecture Review Board is necessary to enact an order or resolution. Whenever only three (3) voting members are present for a specific case, the Chair must notify the applicant prior to any dispositive vote that the applicant has the option of continuing the vote to another hearing date.
(5) Meetings. Whenever there are matters to come before the Architectural Review Board, the Architectural Review Board will meet on the first (1st) Tuesday of each month and at other such times as may be determined. Whenever the first (1st) Tuesday of the month falls on a legal holiday, that meeting will be scheduled for the second (2nd) Tuesday of that month. All meetings of the Architectural Review Board must be open to the public.
(6) Witnesses. The Chairperson of the Architectural Review Board may direct the Law Director or his/her designee to administer oaths, compel by issuance of a subpoena the attendance of witnesses in all matters coming within the purview of the Architectural Review Board, and take testimony of any and all persons appearing before it.
(7) Powers and Duties. It is the responsibility of the Architectural Review Board to promote interest and appreciation in compatible building design and historic preservation within the City of Kent.
(8) Design Guidelines Review. If there is any proposed change to this Section or to the Design Guidelines of Appendix A: Design guidelines for the Kent Design Overlay District, the Architectural Review Board will review all such amendments and will recommend to the Planning Commission or City Council whether such changes should be adopted. Kent City Council has the final authority to amend this Section or any of the Design Guidelines.
(b) The Architectural Review Board has the following specific responsibilities and duties:
(1) Review. The Architectural Review Board must review all new construction, structural or cosmetic modifications to a building's exterior, and all permanent signs not in the public right-of-way that are located within an Architectural Design Review Overlay District(s).
(2) Permit. Where a zoning and/or building permit(s) is required for such a project, the City is prohibited from issuing a building or zoning permit until after the Architectural Review Board issues a Certificate of Appropriateness.
(3) Certificates of Appropriateness. The Architectural Review Board has the responsibility of reviewing all proposed projects, building modifications, modifications to existing signage as well as all new signage within an Architectural Design Review Overlay District(s) for the purpose of issuing Certificates of Appropriateness.
(4) Exceptions. Each of the following circumstances are exempt from the review and jurisdiction of the Architectural Review Board regardless of whether the property is within an Architectural Design Review Overlay District(s):
A. As an exception, if a structure is A residential structure that is both owner-occupied and used as a single-family residential dwelling unit; the structure project is exempt from the requirements of the Architectural Review Board even if the property is within an Architectural Design Review Overlay District(s);OR
B. Art visible from any public right-of-way, including but not limited to wall murals and sculptures (See Section 1106.20)
for General Provisions for Public Art; OR
C. Ordinary maintenance, although nothing in this Section or within any of the approved design guidelines of Appendix A: Design guidelines for the Kent Design Overlay District is to be construed so as to prevent the ordinary maintenance or repair of any building or structure which is subject to review under the provisions of this Section, provided such work involves no alteration to the exterior architectural features of the building, structure, or sign which would be subject to review.
(5) Advisory Comments. The Architectural Review Board must advise the City of Kent of any efforts which should be considered directed at the protection of local historic or architecturally significant resources. The Architectural Review Board may provide advisory comments (non-binding) to any project being undertaken in the City which is not otherwise subject to review under the provisions of this Section.
(6) Administration of Duties.
A. Design Guidelines. The specific design guidelines applicable to a designated area of the City are enumerated in Appendix A: Design guidelines for the Kent Design Overlay District.
B. Replacement. At any time after an initial Certificate of Appropriateness is issued for a project, an applicant must seek a new Certificate of Appropriateness if the site plan presented is significantly altered as determined by the Community Development Director. The applicant is required to pay all fees required herein and submit the information relevant to the proposed project changes that require amending the Certificate of Appropriateness.
C. Expiration. The Certificate of Appropriateness expires twelve (12) months from the date of approval or, if the Planning Commission has approved a site plan for development, the Certificate of Appropriateness expires simultaneously with the Planning Commission's site plan approval. All permits must be obtained within twelve (12) months of the date the Certificate of Appropriateness is issued, and construction must begin within twenty-four (24) months of the date the Certificate of Appropriateness is issued.
D. Certificate of Appropriateness Application Requirements and Fees. The following application requirements and fees apply to applications for Certificates of Appropriateness, amendments to Certificates of Appropriateness, and requests for extensions:
Application Fee. The fee (KCO Section 1212.01
) for a Certificate of Appropriateness application involving building construction or modifications or new or modified advertising signs are in accordance with the fee schedule established by the City Council. See Section 1212.01
of the Kent Codified Ordinances, as amended.
Initial Application Submission Requirements. Before an application is reviewed and approved, the applicant must submit drawings, photographs, specifications, and material samples as required by the Community Development Department. Applications for this formal review may be filed concurrently with any Planning Commission or Board of Zoning Appeals application or prior to those applications.
E. Conceptual Review. Applicants are encouraged to review the Design Guidelines in Appendix A: Design guidelines for the Kent Design Overlay District and the Rules and Procedures applicable to the review process in order to be familiar with requirements that will be applicable to their project. Applicants are also encouraged to discuss their project and relevant Certificate of Appropriateness requirements with the appropriate Community Development Department staff prior to making any formal submissions. A conceptual review with the Architectural Review Board may be requested by the applicant or recommended by staff but is not mandatory.
F. Formal Review. Upon the submission of a complete application for a Certificate of Appropriateness, the Community Development Department will schedule a meeting date for the Architectural Review Board to review the application. The applicant, at any point in time prior to Architectural Review Board action, may request that their project be continued, postponed, or otherwise delayed for any reason. Such requests must be made in writing to the Community Development prior to the scheduled Architectural Review Board meeting or may be made in public session at the Architectural Review Board meeting at which the project is being reviewed.
G. Architectural Review Board Action. After completing its review of the application and the information provided by the applicant, along with any input received from City staff or the general public, the Architectural Review Board must make a determination of whether to issue a Certificate of Appropriateness within forty-five (45) days of the initial meeting date for the application. If the Architectural Review Board denies the Certificate of Appropriateness, it must provide specific reasons for the denial in writing to the applicant. When such approvals are granted for projects being reviewed by the Planning Commission and/or the Board of Zoning Appeals, the approval of the Certificate of Appropriateness must be made subject to the approval of the project and/or zoning variances by the Planning Commission and/or Board of Zoning Appeals.
H. Appeal. An applicant may appeal any decision of the Architectural Review Board to Kent City Council within thirty (30) days of the date of the Architectural Review Board decision. The appeal will be scheduled before Kent City Council with sufficient time allotted for review and public notice. The applicant will be notified of the tentative meeting date at the time the appeal is filed. The application for appeal must state the reason(s) for the appeal and the requested resolution should Kent City Council decide to overturn the Architectural Review Board's decision.
I. Re-Application.
Any applicant who has been denied a Certificate of Appropriateness by the Architectural Review Board may not submit a new application for the same parcel until the Community Development Director determines that at least one of the following four conditions has been met:
• The expiration of one (1) year or more from the date of such denial;
• Newly discovered evidence;
• A substantial change in conditions surrounding the property; or
The Community Development Director's determination of whether one (1) (or more) of the four (4) conditions will be based upon the application and viewed in the context of the Architectural Review Board's denial.
J. Issuance of Permits. Projects which do not require Planning Commission or Board of Zoning Appeals approval must obtain their Certificate of Appropriateness (when a Certificate of Appropriateness is required) before a Zoning Permit and/or Building Permit is issued.
K. Certificate of Appropriateness Decisions are Binding. Certificates of Appropriateness and conditions attached to a Certificate of Appropriateness are binding on City staff and the City's Boards and Commissions unless it can be demonstrated that they conflict with applicable building and zoning code requirements, or unless variances to those other requirements have been requested by the applicant and granted by the appropriate authority.
L. Penalties. The following provisions for penalties apply to violations pertaining to the provisions of this Section, the applicable Design Guidelines (Section 1104.01), or the conditions of a Certificate of Appropriateness which is issued for a project.
Violation Order. If any provisions of this Section or Section 1104.01
are being violated, all work must cease upon notification and no work will be performed except to correct the violation. Any violation is subject to a civil offense in accordance with Kent Codified Ordinance (KCO) Section 501.13
, as amended.
(Ord. 2021-057. Passed 6-16-21.)