HomeMy WebLinkAbout02/26/2014 - Landmark Preservation Commission - Agenda - Work SessionCommunity Development & Neighborhood Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.416.2740
970.224.6134- fax
fcgov.com
Planning, Development & Transportation
LANDMARK PRESERVATION COMMISSION
WORK SESSION
281 N. College Avenue - First Floor 281 Conference Room
AGENDA
February 26, 2014
5:00 p.m. Commission’s Dinner
5:30 p.m. Call Work Session to Order and Roll Call
Discussion: Historic Preservation Program Improvements, Phase 2 Code
Revisions
Discussion: 2014 Commission Work Plan
Other Business
Adjourn
For additional information please contact:
Community Development and Neighborhood Services Department
281 N. College Avenue, Fort Collins, CO
970-224-6078 or kmcwilliams@fcgov.com
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ARTICLE I. IN GENERAL
Sec. 14-1. Definitions.
The following words, terms and phrases, when used in this Chapter, shall have the
meanings ascribed to them in this Section:
Adverse effect shall mean that a project or undertaking may alter, directly or
indirectly, any of the characteristics that qualify a property for designation, either
individually or as a contributing element of a district, in a manner that would
diminish the property’s exterior integrity. Adverse effects may include reasonably
foreseeable effects caused by the undertaking that may occur later in time, be
removed in distance, or be cumulative.
Alteration shall mean any act or process which changes one (1) or more of the
exterior characteristics of a designated site, structure, object, or district or a site,
structure, object or district eligible for designation.
Characteristics shall mean the visible and tangible attributes of a site, structure,
object or district, including but not limited to the architectural design, style,
general arrangement and components of all the outer surfaces of a site, object,
structure or improvement, including but not limited to the color, texture,
materials, type and style of all windows, doors, lights, signs and other fixtures
appurtenant to said site, object, structure or improvement.
Commission shall mean the Landmark Preservation Commission created in § 2-
276.
Compatible shall mean the characteristics of different uses or activities or design
which allow them to be located near or adjacent to each other in harmony. Some
elements affecting compatibility include height, scale, mass and bulk of
structures. Other characteristics include pedestrian or vehicular traffic, circulation,
access and parking impacts. Other important characteristics that affect
compatibility are landscaping, lighting, noise, odor and architecture.
Compatibility does not mean "the same as." Rather, compatibility refers to the
sensitivity of development proposals in maintaining the character of existing
development.
Construction shall mean the erection of any on-site improvements on any parcel
of ground located within a designated or eligible district or on a designated or
eligible site, whether the site is presently improved or unimproved, or the erection
of a new significant or accessory structure on such property.
Context shall mean the interrelated conditions in which a site, structure, object or
district exists. The context of an area is the sum of the existing buildings and
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spaces, and the pattern of physical development in the area. It can also be a
measurement of the scarcity or profusion of a particular resource type.
Contributing to a district shall mean a site, structure or object eligible for
designation, or formally designated, that has significance and that has experienced
some alterations which, while not seriously damaging the exterior integrity of the
property, have altered the appearance enough to be notedreadily observed. These
sites, structures, or objects retain enough exterior integrity to contribute to the
significant characteristics of the district.
Demolition shall mean any act or process that destroys in part or in whole an
eligible or designated site, structure or object, or a site, structure or object within
an eligible or designated district.
Determination of eligibility shall mean a decision by the Director and the chair of
the Commission, or the Commission, that a site, structure, object or district meets
one (1) or more of the standards for designation as a Fort Collins landmark, which
determination shall be valid for one (1) yearfive (5) years. The determination of
eligibility for the National Register of Historic Places and/or State Register of
Historic Places Properties shall be according to the processes and procedures of
the Colorado Historical Society.
Director shall mean the Director of Community Development and Neighborhood
Services or his or her designee.
District shall mean a geographically definable area possessing a significant
concentration, linkage, or continuity of sites, structures, or objects and their
surrounding environs 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.
Eligibility shall mean a resource’s ability to meet one (1) or more of the standards
for designation as a Fort Collins landmark, or the criteria for designation on the
National Register of Historic Places and/or State Register of Historic Places
Properties. There are three (3) levels of eligibility for Fort Collins landmark
designation: individual, contributing to a district, and noncontributing/not eligible.
Improvement shall mean any building, structure, place, work of art or other object
constituting a physical betterment of real property or any part of such betterment,
including improvements on public property.
Individual landmark shall mean a site, structure or object eligible for designation,
or formally designated, that has significance and which substantially retains its
exterior integrity. The property may have minor alterations but these alterations
will not have substantially compromised the site’s, structure’s or object’s exterior
integrity.
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Landmark or landmark district shall mean any site, structure, object or
improvement and its surrounding environs or a group of sites, structures, objects
or improvements or both and their surrounding environs:
(1) Which has a special character or special historic or aesthetic interest or
value as part of the development, heritage or cultural characteristics of the
City, state or nation;
(2) Wherein any event of major historic significance with a measurable
effect upon society took place;
(3) Which is closely identified with a person or group of persons who have
had some measurable influence on society;
(4) Wherein the broad cultural, political, economic or social heritage of
the community is exemplified;
(5) Which faithfully portrays the environment of a group of people in an
era of history characterized by a distinctive architectural style or which
embodies those distinguishing characteristics of an architectural-type
specimen or which is the work of an architect or master builder whose
individual work has influenced the development of the City;
(6) Which, because of being a part of or related to a square, park or other
distinctive area, should be developed or preserved according to a plan
based upon a historic, cultural or architectural significance;
(7) Which, due to unique location or singular physical characteristic,
represents an established, familiar and significant visual feature of the
neighborhood, community or City;
(8) Officially designated as a Fort Collins landmark or Fort Collins
landmark district pursuant to the provisions of this Chapter.
Major alteration shall mean work which has the potential to substantially
affecting more than one (1) aspect of exterior integrity.
Minor alteration shall mean work which has the potential to substantially
affecting no more than one (1) aspect of exterior integrity.
Noncontributing/not eligible shall mean a site, structure or object which does not
possess sufficient significance and/or exterior integrity necessary for designation,
and is considered noncontributing to a district, or not eligible to be designated as
an individual landmark.
Object shall mean a material thing of functional, aesthetic, cultural, historical or
scientific value that may be, by nature or design, movable.
Relocation shall mean moving all or part of a structure or object to a different
location.
Repair and maintenance shall mean work done on a site, structure or object in
order to correct any deterioration, decay or damage to any part thereof in order to
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restore the same as nearly as practical to its condition prior to such deterioration,
decay or damage.
Resource shall mean any site, structure or object that is part of or constitutes a
property.
Significance shall mean the importance of a property as defined by the standards
for designation as a Fort Collins landmark or landmark district. The determination
of significance for the National or State Registers of Historic Places shall be in
accordance with the processes and procedures of the Colorado Historical Society.
Significant structure shall mean a house, commercial/industrial building, barn,
stable, granary, carriage house, chicken house or similar structure.
Site shall mean the location of a significant event, a prehistoric or historic
occupation or activity, or a structure or object whether standing, ruined, or
vanished, where the location itself maintains historical or archeological value
regardless of the value of any existing structure.
Structure shall mean that which is built or constructed, an edifice or building of
any kind or any piece of work artificially built up or composed of parts joined
together in some definite manner.
Working day shall mean any day except Saturday, Sunday and any national, state
or local holiday (or day of observation) during which the Department of
Community Development and Neighborhood Services is not open for regular
business.
(Code 1972, § 69-3; Ord. No. 78, 1988, § 4, 6-7-88; Ord. No. 130, 2002, § 12, 9-17-02;
Ord. No. 186, 2002, § 1, 1-7-03; Ord. No. 132, 2009, §§ 1, 2, 12-15-09; Ord. No. 067,
2012, §§ 1—6, 8-21-12)
Cross reference—Definitions and rules of construction generally, § 1-2.
Sec. 14-2. Declaration of policy.
(a) It is hereby declared as a matter of public policy that the protection, enhancement and
perpetuation of sites, structures, objects and districts of historical, architectural or
geographic significance, located within the City, are a public necessity and are required
in the interest of the prosperity, civic pride and general welfare of the people.
(b) It is the opinion of the City Council that the economic, cultural and aesthetic standing
of this City cannot be maintained or enhanced by disregarding the historical, architectural
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and geographical heritage of the City and by ignoring the destruction or defacement of
such cultural assets.
(Code 1972, § 69-2(A), (C); Ord. No. 186, 2002, § 2, 1-7-03)
Sec. 14-3. Purpose.
The purposes of this Section are to:
(1) Designate, preserve, protect, enhance and perpetuate those sites, structures,
objects and districts which reflect outstanding elements of the City's cultural,
artistic, social, economic, political, architectural, historic or other heritage;
(2) Foster civic pride in the beauty and accomplishments of the past;
(3) Stabilize or improve aesthetic and economic vitality and values of such sites,
structures, objects and districts;
(4) Protect and enhance the City's attraction to tourists and visitors;
(5) Promote the use of outstanding historical or architectural sites, structures,
objects and districts for the education, stimulation and welfare of the people of the
City;
(6) Promote good urban design;
(7) Promote and encourage continued private ownership and utilization of such
sites, structures, objects or districts now so owned and used, to the extent that the
objectives listed above can be attained under such a policy.
(Code 1972, § 69-2(B))
Sec. 14-4. Staff.
The staff of the Commission shall consist of a secretary and such other staff as may be
authorized by the City. The secretary shall be the custodian of the records of the
Commission, shall handle official correspondence and shall generally supervise the
clerical and technical work of the Commission. The Director shall act as secretary and
staff liaison to the Commission.
(Code 1972, § 69-5; Ord. No. 186, 2002, § 3, 1-7-03; Ord. No. 132, 2009, § 3, 12-15-09;
Ord. No. 067, 2012, § 13, 8-21-12)
Cross reference—Community Planning and Environmental Services, § 2-521.
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Sec. 14-5. Standards for determining the eligibility for designation of sites,
structures, objects and districts for preservationdesignation as Fort Collins
Landmarks or Landmark Districts.
Properties eligible for designation must possess both significance and exterior integrity.
In making a determination of eligibility, the context of the area surrounding the property
shall be considered.
(1) Significance is the importance of a site, structure, object or district to the
history, architecture, archeology, engineering, or culture of our community, state
or nation. Significance is achieved through meeting one or more of four standards
recognized by the U.S. Department of Interior, National Park Service. These
standards define how properties are significant for their association with events or
persons, in design or construction, or for their information potential.
(2) Standards for determining significance:
a. Event. Properties may be determined to be significant if they are
associated with events that have made a recognizable contribution to the
broad patterns of our history. A property can be associated with either (or
both) of two types of events:
1. A specific event marking an important moment in Fort Collins
prehistory or history; and/or
2. A pattern of events or a historic trend that made a recognizable
contribution to the development of our community, state, or the
nation.
b. Person/Group. Properties may be determined to be significant if they
are associated with the lives of a person or groups of persons recognizable
in our past whose specific contributions to our history can be identified
and documented.
c. Design/Construction. Properties may be determined to be significant if
they embody the identifiable characteristics of a type, period, or method of
construction; or represent the work of a craftsman or architect whose work
is distinguishable from others by its characteristic style and quality; or
possess high artistic values or design concepts; or be a part of a
recognizable and distinguishable group of properties. This Standard
applies to such disciplines as formal and vernacular architecture,
landscape architecture, engineering, and artwork, by either an individual
or a group. A property can be significant not only for the way it was
originally constructed or crafted, but also for the way it was adapted at a
later period, or for the way it illustrates changing tastes, attitudes, and/or
uses over a period of time. Examples are residential buildings which
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represent the socio-economic classes within a community, but which
frequently are vernacular in nature and do not have high artistic values.
d. Information potential. Properties may be determined to be significant if
they have yielded, or may be likely to yield, information important in
prehistory or history.
(3) Exterior integrity is the ability of a site, structure, object or district to be able
to convey its significance. The exterior integrity of a resource is based on the
degree to which it retains all or some of seven (7) aspects or qualities established
by the U.S. Department of Interior, National Park Service: location, design,
setting, materials, workmanship, feeling, and association. All seven (7) qualities
do not need to be present for a site, structure, object or district to be eligible as
long as the overall sense of past time and place is evident.
(4) Standards for determining exterior integrity:
a. Location is the place where the historic property was constructed or the
place where the historic event occurred.
b. Design is the combination of elements that create the form, plan space,
structure, and style of a property.
c. Setting is the physical environment of a historic property. Whereas
location refers to the specific place where a property was built or an event
occurred, setting refers to the character of the place. It involves how, not
just where, the property is situated and its relationship to the surrounding
features and open space.
d. Materials are the physical elements that form a historic property.
e. Workmanship is the physical evidence of the crafts of a particular
culture or people during any given period in history or prehistory. It is the
evidence of artisans’ labor and skill in constructing or altering a building,
structure, or site.
f. Feeling is a property’s expression of the aesthetic or historic sense of a
particular period or time. It results from the presence of physical features
that, taken together, convey the property’s historic character.
g. Association is the direct link between an important historic event or
person and a historic property. A property retains association if it is the
place where the event or activity occurred and is sufficiently intact to
convey that relationship to an observer. Like feeling, association requires
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the presence of physical features that convey a property’s historic
character.
(5) Context. Context is the interrelated conditions in which a site, structure,
object or district exists – its surroundings. The context of an area is the sum of the
existing buildings and spaces, and the pattern of physical development in the area.
The area required for evaluating a resource’s context is dependent on the type and
location of the resource. A house located in the middle of a residential block
could be evaluated in the context of the buildings on both sides of the block, while
a house located on a corner may require a different contextual area. Upon the
submittal of an application necessitating a determination of eligibility for
designation as a Fort Collins Landmark or Landmark District, the Director of
Community Development and Neighborhood Services and/or the chair of the
Commission shall determine the minimum area required for evaluating context,
and such information, including photographs and other documents, as required for
the determination.
Sec. 14-6. Process for determining the eligibility of sites, structures, objects and
districts for designation as Fort Collins Landmarks or Landmark Districts.
(a) Application. Application for determining the eligibility of a site, structure, object
or district for designation as a Fort Collins Landmark or Landmark District may be
made by any citizen of or owner of property in the City on forms prescribed by the
City. Said application shall be filed with the Director. Within fifteen (15) days of the
filing of such application, the Director and the chair of the Commission (or a
designated member of the Commission appointed by the chair) shall determine the
site, structure, object or district's current level of eligibility (individual, contributing
to a district or not eligible) for designation as a Fort Collins landmark, which
determination shall be valid for five (5) years. The Director shall promptly publish the
determination in a newspaper of general circulation in the City, and cause a sign to be
posted on or near the structure proposed for demolition or alteration stating that the
building or structure is undergoing historic review. Said sign shall be at least four (4)
square feet in size, readable from a point of public access and shall state that more
information may be obtained from the Director.
(b) Appeal of determination. Any determination made by the Director and the chair
of the Commission, or his or her designee, regarding the structure’s level of eligibility
may be appealed to the Commission by any citizen or owner of property in the City.
Such appeal shall be set forth in writing and filed with the Director within fourteen
(14) days of the date of the Director's decision. The appeal shall include a Colorado
Cultural Resource Survey Architectural Inventory Form, prepared by an expert in
historic preservation acceptable to the Director and the applicant, with the cost of
such form to be paid by the applicant. Such form need not be filed with the appeal but
must be filed at least ten (10) days prior to the hearing of the appeal. The Commission
shall schedule a date for hearing the appeal before the Commission as expeditiously
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as possible. Not less than ten (10) days prior to the date of the hearing, the
Commission shall provide the appellant with written notice of the date, time and place
of the hearing of the appeal, which notice shall be deposited in the U.S. Mail, and
shall publish in a newspaper of general circulation in the City notice of the hearing.
The fact that any notice required under this Subsection has not been received shall not
affect the validity of any hearing or determination by the Commission. In addition,
the Commission shall cause a sign to be posted on or near the structure stating that the
building or structure is undergoing historic review. Said sign shall be at least four (4)
square feet in size, readable from a point of public access and shall state that more
information may be obtained from the Director.
(Code 1972, § 69-6; Ord. No. 186, 2002, § 4, 1-7-03)
Cross reference—Buildings and building regulations, Ch. 5.
Sec. 14-67. Waiver of conditions.
Upon a showing of substantial hardship or to protect against an arbitrary result, the
Commission may waive such conditions and requirements as are set forth in this Chapter
provided that the spirit and purpose of the Chapter are not significantly eroded, and that
in making its decision, the Commission shall grant the waiver only if it finds that the
request for the waiver meets one or both of the following criteria:
(1): By reason of exceptional physical conditions or other extraordinary and exceptional
situations, unique to such property, including, but not limited to, physical conditions such
as exceptional narrowness, shallowness or topography, provided that such difficulties or
hardship are not caused by the act or omission of the applicant; and/or
(2): The proposal as submitted will not diverge from the conditions and requirements of
this Chapter except in nominal and inconsequential ways, and will continue to advance
the purposes of this Chapter.
Any finding made under subparagraph (1) or (2) above shall be supported by specific
findings showing how the proposal, as submitted, meets the requirements and criteria of
said subparagraph (1) or (2).
(Code 1§972, § 69-9(H); Ord. No. 89, 1989, § 2, 6-20-89; Ord. No. 186, 2002, § 22, 1-7-
03; Ord. No. 067, 2012, § 7, 8-21-12)
Sec. 14-8. Extension of time limits.
Any time limit set forth in this Chapter may be extended by mutual consent of the
Commission and the applicant, or the Commission, the Department of Community
Development and Neighborhood Services and the applicant, whichever is applicable.
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(Code 1972, § 69-10; Ord. No. 78, 1988, § 15, 6-7-88; Ord. No. 89, 1989, § 2, 6-20-89;
Ord. No. 130, 2002, § 20, 9-17-02; Ord. No. 186, 2002, § 24, 1-7-03; Ord. No. 132, 2009,
§ 11, 12-15-09)
Sec. 14-9. Violations and penalties.
Any person violating any provision of this Chapter shall be subject to the penalty
provided in § 1-15. In case any improvement is erected, constructed, reconstructed,
altered, added to or demolished in violation of this Chapter, the City or any proper person
may institute an appropriate action or proceeding to prevent such unlawful action. The
imposition of any penalty hereunder shall not preclude the City or any proper person
from instituting any proper action or proceeding to require compliance with the
provisions of this Chapter and with administrative orders and determinations made
hereunder.
(Code 1972, § 69-13; Ord. No. 69, 1989, § 2, 6-20-89; Ord. No. 56, 1994, § 1, 4-19-94;
Ord. No. 186, 2002, § 28, 1-7-03)
Cross reference—General penalty, § 1-15.
Sec. 14-10. Appeal of decisions
Final decisions of the Commission, except decisions made under Section 14-21(a) of the
Article, shall be subject to the right of appeal to the City Council as set forth in § 2-46 et
seq. Any action taken in reliance upon any decision of the commission that is subject to
appeal under the provisions of this Chapter shall be totally at the risk of the person(s)
taking such action until all appeal rights related to such decision have been exhausted,
and the City shall not be liable for any damages arising from any such action taken during
said period of time.
(Code 1972, § 69-9(I); Ord. No. 78, 1988, § 14, 6-7-88; Ord. No. 89, 1989, §§ 2, 3, 6-20-
89; Ord. No. 186, 2002, § 23, 1-7-03)
Sec. 14-11. Severability.
It is hereby declared to be the legislative intent that the several provisions of this Chapter
shall be severable in accordance with the provisions set forth below:
(1) If any provision of this Chapter is declared to be invalid by a decision of any court of
competent jurisdiction, it is hereby declared to be the legislative intent that the effect of
such decision shall be limited to that provision which is expressly stated in the decision to
be invalid. Such decision shall not affect, impair or nullify this Chapter as a whole or any
other part, but the rest of this Chapter shall continue in full force and effect;
(2) If the application of any provision of this Chapter to any lot, structure or other
improvement or a tract of land is declared to be invalid by a decision of any court of
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competent jurisdiction, it is hereby declared to be the legislative intent that the effect of
such decision shall be limited to that lot, structure or other improvement or tract of land
immediately involved in the controversy, action or proceeding in which the judgment or
decree of invalidity was rendered. Such decision shall not affect, impair or nullify this
Chapter as a whole or the application of any provision to any other lot, structure or other
improvement or tract of land.
(Code 1972, § 69-14; Ord. No. 89, 1989, § 2, 6-20-89; Ord. No. 56, 1994, § 1, 4-19-94;
Ord. No. 186, 2002, § 29, 1-7-03)
Secs. 14-712—14-20. Reserved.
ARTICLE II. DESIGNATION PROCEDURE
Sec. 14-21. Initiation of procedure.
(a) Application. Application for landmark designation may be made by motion of the
Commission or upon application of the owner of the property sought to be designated, or
of any three (3) or more unrelated citizens of the City. All applications submitted in
accordance with this Section shall include a description of the property proposed for
designation and a detailed outline of the reasons why such property should be designated
and why the boundaries of the property should be determined as described in the
application. Upon receipt of an application, the Commission shall make a motion stating
whether the site, structure, object or district meets the criteria of a landmark or landmark
district, and, if so, directing staff to investigate the benefits to the City of landmark
designation. If the owner is not the applicant, the Commission shall contact the owner or
owners of such landmark or landmark district outlining the reasons and effects of
designation as a landmark and, if possible, shall secure the owner's consent to such
designation. If the Commission is unable to personally contact such owner, it shall be
sufficient to send a written request for the consent to designation of such property by
certified or registered mail, return receipt requested, addressed to the owner of the
property as shown on the most recent records of the County Assessor at the address
shown on such records.
(b) Owner consent. If the owner consents in writing to such designation, the
Commission, upon the affirmative vote of a majority of the members present, may adopt
a resolution recommending to the City Council the designation of the landmark or
landmark district without the necessity of notice and without the review by the
Department of Community Development and Neighborhood Services required by § 14-26
below.
Sec. 14-2422. Interim control.
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No building permit shall be issued by the Department of Community Development and
Neighborhood Services for alteration, construction, or demolition of a site, structure or
object under consideration for landmark designation or any site, structure or object within
a district under consideration for landmark district designation from the date of the
hearing of the Commission at which the Commission approves a motion directing staff to
investigate the benefits to the City of landmark designation until final disposition of the
designation by the City Council unless such alteration, construction, or demolition is
approved by a motion of the Commission as not having an adverse effect on the
property’s eligibility for designation, or is authorized by resolution of the City Council as
necessary for public health, welfare or safety. In no event shall the delay in issuance of a
building permit due to the provisions of this Section be for more than one hundred eighty
(180) days.
(Code 1972, § 69-7(D); Ord. No. 78, 1988, § 8, 6-7-88; Ord. No. 130, 2002, § 12, 9-17-
02; Ord. No. 186, 2002, § 8, 1-7-03; Ord. No. 030, 2012, § 33, 4-17-12)
Sec. 14-23. Resolution hearing.
If an owner does not consent to designation of the property within fifteen (15) days from
the date of receipt of the request for consent to designation, the Commission shall hold a
resolution hearing, at a specified time, date and place, following the giving of notice as
described in § 14-25. Upon the affirmative vote of at least six (6) of its members the
Commission may proceed by officially adopting a resolution stating that the preliminary
investigation by the Commission indicates that the described property is eligible for
designation as a landmark or landmark district, and the reason the Commission feels that
it should proceed without the consent of the owner to such designation. The Commission
shall proceed to schedule a public hearing on the question of designation, hereinafter
called a designation hearing, at a specified time, date and place following the giving of
notice as described in § 14-25. The fact that any notice required under this Subsection has
not been received shall not affect the validity of any hearing or determination by the
Commission.
(Code 1972, § 69-7(A); Ord. No. 78, 1988, § 5, 6-7-88; Ord. No. 130, 2002, § 20, 9-17-
02; Ord. No. 186, 2002, § 5, 1-7-03; Ord. No. 132, 2009, § 4, 12-15-09; Ord. No. 067,
2012, § 8, 8-21-12)
Sec. 14-254. Designation Hearing.
(a) Following the giving of notice as described in § 14-25 the Commission shall hold a
designation hearing. At least five (5) six (6) members of the Commission shall conduct
the hearing. If at least five (5) six (6) members are not present, the members present may
adjourn the meeting to another date within two (2) weeks. If at least five (5) six (6)
members are not present at such adjourned meeting, the hearing shall be canceled and the
designation procedure terminated. If any hearing is continued, the time, date and place of
the continuation shall be established and announced to those present when the current
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session is to be adjourned. Such information shall be promptly forwarded, by regular
mail, to the owners of record as established and addressed pursuant to § 14-225.
(b) Reasonable opportunity shall be provided for all interested parties to express their
opinions regarding the proposed designation or designations. However, nothing contained
herein shall be construed to prevent the Commission from establishing reasonable rules to
govern the proceedings of the hearings or from establishing reasonable limits on the
length of individual presentations. The hearings shall be recorded and minutes provided
to each City Council member. Written presentations, including the report of the
Department of Community Development and Neighborhood Services as described in Sec.
14-26, shall be included in the record of the hearing.
(Code 1972, § 69-7(E); Ord. No. 78, 1988, § 9, 6-7-88; Ord. No. 130, 2002, § 20, 9-17-
02; Ord. No. 186, 2002, § 9, 1-7-03; Ord. No. 132, 2009, § 7, 12-15-09)
Sec. 14-225. Notice of hearing.
Notice of designation hearings shall be given as follows:
(1) Written notice of the time, date, place and subject of the hearing shall be sent by
registered or certified mail not less than thirty (30) days prior to the hearing to all owners
of record on the date of the resolution who own the real property being proposed for
designation as a landmark or landmark district. Such notice shall be deemed delivered
upon the passage of five (5) days from the deposit of the notice in the mail. The fact that
any notice required under this Subsection has not been received shall not affect the
validity of any hearing or determination by the Commission.
(2) Signs indicating that recommendation for landmark designation is being considered
by the Commission shall be posted by the Commission for a period of not less than
fifteen (15) days immediately preceding the applicable hearing on all property proposed
for landmark designation and/or on the boundaries of all areas proposed for landmark
district designations. Such signs shall be prominently displayed and easily readable from
abutting public ways.
(3) A legal notice indicating the nature of the hearings, the property involved and the
time, date and place of the scheduled public hearing shall be published in a local
newspaper of general circulation one (1) time at least fifteen (15) days prior to the
hearing.
(4) Written notice of the proposed landmark designation, including the identification of
the property, the basis for commencing with the designation procedure and the time, date
and place of the hearing, shall be given to the Director not later than thirty (30) days prior
to the hearing.
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(Code 1972, § 69-7(B); Ord. No. 78, 1988, § 6, 6-7-88; Ord. No. 130, 2002, § 20, 9-17-
02; Ord. No. 186, 2002, § 6, 1-7-03; Ord. No. 132, 2009, § 5, 12-15-09; Ord. No. 067,
2012, § 13, 8-21-12)
Sec. 14-236. Department of Community Development and Neighborhood Services
review.
(a) The Department of Community Development and Neighborhood Services shall
review the proposed designation with respect to:
(1) Its relationship to the zoning ordinance of the City and the Comprehensive Plan
of the City;
(2) The effect of the designation upon the surrounding neighborhood;
(3) Such other planning considerations as may be relevant.
(b) The Department of Community Development and Neighborhood Services may
recommend approval, rejection or modification of the proposed designation and its
recommendation shall contain a statement of the basis for the recommendation. The
recommendation shall be delivered to the Commission in written form at or prior to the
designation hearing.
(Code 1972, § 69-7(C); Ord. No. 78, 1988, § 7, 6-7-88; Ord. No. 130, 2002, § 20, 9-17-
02; Ord. No. 186, 2002, § 7, 1-7-03; Ord. No. 132, 2009, § 6, 12-15-09)
Cross reference—Community Planning and Environmental Services, § 2-521.
Sec. 14-267. Findings and recommendations of the Commission.
The Commission shall act officially on each proposed designation within thirty-five (35)
days of the designation hearing. The Commission may approve, reject or modify any
proposal, but no proposal may be extended beyond the boundaries of the land described
in the original resolution unless the initiation and hearing procedures is are repeated for
the enlarged boundaries. The Commission shall set forth in its records the findings of fact
which constitute the basis for its decision. If the Commission fails to act within the thirty-
five-day period, the designation shall be deemed to have been rejected and the
designation procedure shall thereby be terminated.
(Code 1972, § 69-7(F); Ord. No. 78, 1988, § 10, 6-7-88; Ord. No. 186, 2002, § 10, 1-7-
03)
Sec. 14-278. Transmittal to City Council.
(a) Within fifteen (15) days after reaching its decision, the Commission shall transmit to
the City Council its recommendation on the designation of a landmark or landmark
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district, including the description of the property involved and the findings upon which
the recommendation was based.
(b) If more than one (1) property is involved in the designation procedure, the
Commission may approve in part and terminate in part. Each part shall then be treated as
a separate action. In no event may any property be added to the area described in the
initiation resolution without instituting a new designation procedure.
(Code 1972, § 69-7(G); Ord. No. 78, 1988, § 11, 6-7-88; Ord. No. 186, 2002, § 11, 1-7-
03)
Sec. 14-289. City Council action.
Upon receipt of the recommendations transmitted by the Commission, the City Council
may by ordinance designate property as a landmark or landmark district. Due
consideration shall be given to the written view of owners of affected property, and in its
discretion the City Council may hold public hearings on any proposed landmark or
landmark district designation. If the City Council does not so designate a
property, then the any permit then in effect to alter or demolish the structure on the
property may be approved without the necessity of compliance with Article IV of this
Chapter.
(Code 1972, § 69-7(H); Ord. No. 78, 1988, § 12, 6-7-88; Ord. No. 186, 2002, § 12, 1-7-
03; Ord. No. 067, 2012, § 9, 8-21-12)
Sec. 14-2930. Recording with County Clerk.
Within fifteen (15) days of the effective date of an ordinance designating property as a
landmark or landmark district, the City shall record among the real estate records of the
County Clerk and Recorder either:
(1) A certified copy of the ordinance designating the specified property as a landmark or
landmark district; or
(2) A notice stating that the specified property has been designated as a landmark or
landmark district and citing the ordinance and the effective date of the ordinance which
made the designation effective. The notice may also contain a brief summary of the
effects of such designation as set forth in this Chapter.
(Code 1972, § 69-7(l))
Sec. 14-301. Final notification to owner.
Within ten (10) fourteen (14) days after the recording of the ordinance or the notice of
designation of property as a landmark or landmark district, the secretary of the
Commission shall send to the owner of each property so designated a letter outlining the
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reasons for such designation and the obligations and restrictions created by such
designation. Such letter shall also contain a request that the owner or his or her successors
or assigns notify the secretary of the Commission prior to:
(1) Preparation of plans for the reconstruction or alteration of the exterior of
improvements located on such property;
(2) Preparation of plans for the construction, alteration, relocation or demolition
of improvements on such property.
(Code 1972, § 69-7(J); Ord. No. 78, 1988, § 13, 6-7-88; Ord. No. 186, 2002, § 13, 1-7-
03)
Sec. 14-312. Amendment or rescission of designation.
A landmark and landmark district designation may be amended or rescinded in the same
manner as the original designation was made.
(Code 1972, § 69-8)
Sec. 14-58 33. Notification of state or national designation.
The Director shall promptly notify the Commission of any known national or state
designations which occur within the City.
(Code 1972, § 69-12; Ord. No. 78, 1988, § 16, 6-7-88; Ord. No. 89, 1989, § 2, 6-20-89;
Ord. No. 56, 1994, § 1, 4-19-94; Ord. No. 130, 2002, § 21, 9-17-02; Ord. No. 186, 2002,
§ 27, 1-7-03; Ord. No. 132, 2009, § 12, 12-15-09; Ord. No. 067, 2012, § 13, 8-21-12)
Secs. 14-324—14-45. Reserved.
ARTICLE III. CONSTRUCTION, ALTERATIONS, AND DEMOLITIONS AND
RELOCATIONS
Sec. 14-46. Work requiring building permit.
(a) Action on an application for a building permit, including any permit for the
demolition or alteration of a structure or object, shall be deferred by the Director of
Building and Zoning except as provided in § 14-521 until the application is accompanied
by a report of acceptability from the Commission for the proposed work when the
proposed work involves any of the following:
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(1) Alteration or reconstruction of or addition to the exterior of any
improvement which constitutes all or part of a landmark or landmark
district;
(2) Demolition or relocation alteration of any improvement or object
which constitutes all or part of a landmark or landmark district;
(3) Construction or erection of or addition to any improvement upon any
land included in a landmark district.
(b) In order to obtain a report of acceptability, the applicant shall submit the application
for a building permit, including sketches, plans and other documents as required by the
Commission, to the Commission through the Director. All such applications shall be
reviewed by the Commission in two (2) phases to determine compliance with this
Chapter as follows:
(1) Conceptual review. Conceptual review is an opportunity for the applicant to
discuss requirements, standards, design issues and policies that apply to landmarks
or sites, structures and objects within a landmark district. Problems can be
identified and solved prior to final review of the application. After review of the
application by the Commission, the Director shall furnish the applicant with written
comments regarding the conceptual review. Conceptual approval of any proposed
work may be limited to certain portions of the work as deemed appropriate by the
Commission. Conceptual approval does not guarantee final approval of any
proposed work. If, upon review of the proposed work, the Commission determines
that conceptual review is not necessary given the absence of a significant impact on
the landmark or landmark district involved, it may be waived by the Commission,
and the Commission may then proceed to consider the proposed work on final
review at the same meeting.
(2) Final review. If an application or parts thereof is conceptually approved, it shall
be finally reviewed by the Commission at the same or a subsequent meeting of the
Commission. During final review, the Commission shall consider the application or
parts thereof that have received conceptual approval and any changes made by the
applicant since conceptual review.
(Code 1972, § 69-9(A); Ord. No. 130, 2002, §§ 11, 21, 9-17-02; Ord. No. 186, 2002, §
14, 1-7-03; Ord. No. 132, 2009, § 8, 12-15-09; Ord. No. 067, 2012, § 13, 8-21-12)
Sec. 14-47. Work not requiring building permit; application for approval.
(a) Except as otherwise provided herein, no land surface within any real property
designated as a landmark or landmark district shall be changed and no improvements
shall be erected, removed, restored, demolished or altered including alteration of color
without prior written approval of the Commission. No addition shall be made to any real
property designated as a landmark or landmark district in such a manner or of such a
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character as to change the exterior appearance or exterior characteristics which change
shall be visible from any public street, park or other public place, without prior written
approval of the Commission.
(b) Any person desiring to remove, demolish, alter or in any way change the exterior
appearance or the exterior characteristics of improvements on real property designated as
a landmark or in a landmark district or desiring to change the land surface of any such
real property, shall submit to the Commission an application for approval and a specific
statement of the work proposed, together with such details as the Commission may
require.
(Code 1972, § 69-9(B); Ord. No. 89, 1989, § 1, 6-20-89; Ord. No. 186, 2002, § 15, 1-7-
03)
Sec. 14-48. Approval of proposed work.
(a) If upon receipt of an application for a building permit pursuant to § 14-46, or upon
receipt of an application pursuant to § 14-47, the Commission finds that the proposed
work is of a nature which will not erode the authenticity or destroy any distinctive
exterior feature or characteristic of the improvements or site and is compatible with the
distinctive characteristics of the landmark or landmark district and with the spirit and
purpose of this Chapter, the Commission shall advise the applicant in writing by issuing a
report of acceptability and shall affix its seal to the plans and specifications for the
approved work. In the case of an application for a building permit, upon receipt of the
Commission's report of acceptability and approved plans and specifications, the Director
of Building and Zoning shall proceed with the review of the application for a building
permit. No change which would defeat the purpose of this Chapter shall be made in an
application for a building permit or the plans and specifications for the proposed work
approved by the Commission without resubmittal to the Commission and approval of
such changes in the same manner as the original application.
(b) In determining the decision to be made concerning the issuance of a report of
acceptability, the Commission shall consider the following criteria:
(1) The effect of the proposed work upon the general historical and/or architectural
character of the landmark or landmark district;
(2) The architectural style, arrangement, texture and materials of existing and
proposed improvements, and their relation to the sites, structures and
objects in the district;
(3) The effects of the proposed work in creating, changing, obscuring or destroying
the exterior characteristics of the site, structure or object upon which such
work is to be done;
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(4) The effect of the proposed work upon the protection, enhancement, perpetuation
and use of the landmark or landmark district;
(5) The extent to which the proposed work meets the standards of the City and the
United States Secretary of the Interior then in effect for the preservation,
reconstruction, restoration or rehabilitation of historic resources.
(Code 1972, § 69-9(C); Ord. No. 130, 2002, § 11, 9-17-02; Ord. No. 186, 2002, § 16, 1-
7-03)
Sec. 14-48.549. Work not detrimental to historic, architectural or cultural material;
administrative process.
(a) Any work which would otherwise qualify for consideration under the procedures
established in § 14-46 or 14-47 of this Article may, at the option of the applicant and with
the consent of the chair of the Commission, be considered administratively by the
Director. The Director may only consider, under the authority of this Section,
applications for approval of color selection from a historically authentic palette of colors,
signs, awning re-coverings and minor alterations changes to a landmark or a site,
structure or object located in a landmark district that would not remove, cover, alter or
destroy any significant historic, architectural or cultural material. The Director may,
under the authority of this Section, consider changes originally initiated by the applicant
as well as changes to plans previously approved by the Commission. Any application
submitted to the Director under the authority of this Section shall be in writing and shall
contain a specific statement of the work proposed, together with such details as the
Director may require.
(b) If, upon receipt of any such application, the Director finds that the proposed
work will not remove, cover, alter or destroy any significant historic, architectural or
cultural material and is compatible with the distinctive characteristics of the landmark or
landmark district and with the spirit and purpose of this Chapter, and complies with all of
the criteria for review established in § 14-48(b) above, the Director shall render a written
decision approving the work. In the case of an application for a building permit, the
Director of Building and Zoning shall proceed with the review of the application only
upon receipt of the Director's decision and approved plans and specifications. No change
shall be made in any such application for a building permit or in the plans and
specifications for work approved by the Director unless such changes are submitted to
and approved by the Director in the same manner as the original application. The
proposed work shall not be commenced until the Director has issued the decision
approving the work and a building permit (if applicable) has been issued.
(c) Decisions of the Director made under the authority of this Section may be appealed to
the Commission by the applicant, provided that any such appeal shall be set forth in
writing and filed with the Director within fourteen (14) days of the date of the Director's
decision. The Commission shall schedule a date for hearing the appeal before the
Commission as expeditiously as possible. The Commission shall provide the appellant
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with written notice of the date, time and place of the hearing of the appeal, which notice
shall be deposited in the U.S. Mail not less than five (5) days prior to the date of the
hearing, and shall also publish notice of the hearing in a newspaper of general circulation
in the City not less than ten (10) days prior to the date of the hearing. The fact that any
notice required under this subsection has not been received shall not affect the validity of
any hearing or determination by the Commission. Any action taken in reliance upon the
decision of the Director shall be totally at the risk of the persons taking such action until
all appeal rights related to such decision have been exhausted, and the City shall not be
liable for any damages arising from any such action taken during said period of time.
(Ord. No. 160, 1996, 1-7-97; Ord. No. 130, 2002, §§ 11, 23, 9-17-02; Ord. No. 186,
2002, § 17, 1-7-03; Ord. No. 132, 2009, § 9, 12-15-09; Ord. No. 067, 2012, § 10, 8-21-
12)
Sec. 14-50. Denial of building permit.
If the proposed work is not approved by the Commission, the Director of Building and
Zoning shall deny the application for the building permit and shall advise the applicant.
No reapplication shall be submitted pursuant to § 14-46 et seq., under the original plans
and specifications found unacceptable by the Commission except upon a showing of
changed circumstances sufficient to justify the reapplication.
(Code 1972, § 69-9(D); Ord. No. 89, 1989, § 2, 6-20-89; Ord. No. 130, 2002, § 11, 9-17-
02; Ord. No. 186, 2002, § 19, 1-7-03)
Sec. 14-5451 Appeal of decisions.
Decisions of the Commission regarding the acceptability of applications for building
permits under § 14-46 or applications for approval of work not requiring a building
permit under § 14-47, or appeals of applications regarding signs under § 14-49, shall be
considered final decisions within the meaning of § 2-46 et seq.; and such decisions shall
be subject to the right of appeal to the City Council as set forth in § 2-46 et seq.
(Code 1972, § 69-9(I); Ord. No. 78, 1988, § 14, 6-7-88; Ord. No. 89, 1989, §§ 2, 3, 6-20-
89; Ord. No. 186, 2002, § 23, 1-7-03)
Sec. 14-52. Remedying of dangerous conditions.
In any case where the Director of Building and Zoning, the Poudre Fire Authority or any
other public authority having the power, orders or directs the construction, reconstruction,
alteration, repair, relocation or demolition of any landmark improvement for the purpose
of remedying conditions determined by that officer, department or authority to be
imminently dangerous to life, health or property, nothing contained herein shall be
construed as making it unlawful for any person to comply with such order. Any such
officer, department or authority shall take immediate steps to notify the Commission of
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the proposed issuance of any such order or directive and may include in such order or
directive any timely received requirements or recommendations of the Commission.
(Code 1972, § 69-9(G); Ord. No. 89, 1989, § 2, 6-20-89; Ord. No. 130, 2002, § 11, 9-17-
02; Ord. No. 186, 2002, § 21, 1-7-03)
Cross reference—Dangerous buildings, § 5-46 et seq.
Sec. 14-5633. Normal maintenance and repair.
Nothing in this Chapter shall be construed to prohibit the accomplishment of any work on
any landmark or in any landmark district which will neither change the exterior
appearance nor the exterior characteristics of improvements, nor the character or
appearance of the land itself and which is considered necessary as a part of normal
maintenance and repair.
(Code 1972, § 69-11; Ord. No. 89, 1989, § 2, 6-20-89; Ord. No. 186, 2002, § 25, 1-7-03)
Sec. 14-574. Minimum maintenance requirements.
(a) All sites, structures or objects designated as landmarks and all sites, structures or
objects located within a landmark district shall be maintained in such fashion as to meet
the requirements of the International Property Maintenance Code or the Uniform Code
for Building Conservation, as adopted by the City. The owner of such sites, structures or
objects shall also keep in good repair all structural elements thereof which, if not so
maintained, may cause or tend to cause the exterior portions of such sites, structures or
objects to deteriorate, decay or become damaged or otherwise to fall into a state of
disrepair which would have a detrimental effect upon the historic character of such sites,
structures or objects or the landmark districts, if any, in which they are situated.
(b) The Commission may request that the Director of Building and Zoning require
correction of defects or repairs to any sites, structures or objects regulated by this Section.
(Ord. No. 56, 1994, § 1, 4-19-94; Ord. No. 130, 2002, § 11, 9-17-02; Ord. No. 186, 2002,
§ 26, 1-7-03)
Secs. 14-61574—14-70. Reserved.
ARTICLE IV. DEMOLITION OR RELOCATION ALTERATION OF
HISTORIC STRUCTURES NOT DESIGNATED AS FORT COLLINS
LANDMARKS OR LOCATED IN A FORT COLLINS LANDMARK DISTRICT
Sec. 14-71. General.
With the exception of any structure found to pose an imminent danger under
Section 109.1108.1 of the 2006 International Property Maintenance Code as adopted and
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amended by the City, or any structure designated as a Fort Collins landmark or located in
a Fort Collins landmark district, no structure (or portion thereof) fifty (50) years of age or
older which meets one (1) or more of the criteria standards of eligibility contained in §
14-5 of this Code may be demolished or altered nor shall any permit for such demolition
or alteration be issued unless the owner of such structure has complied with the
provisions of this Section and § 14-72 below. (This Article shall not apply to interior
demolition or alteration activities not visible from any public street, park or other public
place, or to demolition or alteration activities as they affect the surface or subsurface of
the ground, or any archeological impacts pertaining thereto.)
(Ord. No. 56, 1994, § 2, 4-19-94; Ord. No. 186, 2002, § 31, 1-7-03; Ord. No. 067, 2012,
§ 11, 8-21-12)
Sec. 14-72. Procedures for review of applications for demolition or alteration.
(a) The owner of any structure governed by this Article shall make application for
City approval of the demolition or alteration of such structure (or portion thereof)
on forms prescribed by the City. Said application shall be filed with the Director.
Within ten (10) fourteen (14) days of the filing of such application, the Director
and the chair of the Commission, (or a designated member of the Commission
appointed by the chair, which shall in this Section be referred to as “designee’),
shall determine if the proposed work constitutes a minor or major alteration. If
the Director and chair of the Commission (or designee) agree that the proposed
work is a minor alteration, then the application shall be approved, which approval
is not appealable under Section 14-10 or under Subsection (c) of this Section. If
the work is determined to be a major alteration, the Director and the chair of the
Commission, (or designee) shall determine the structure's current level of
eligibility (individual, contributing to a district or not eligible) for designation as a
Fort Collins landmark, shall determine the effect of the proposed work on the
structure’s eligibility, and shall determine whether demolition approval should be
granted by the Director or whether the application should instead be referred to
the Commission.for either or both determinations. If approval is granted by the
Director, such approval is not appealable under Section 14-10 but may be
appealed under Subsection (c) of this Section. Such approval shall be granted,
subject to compliance with all other applicable laws, under the following
circumstances:
(1) The Director and chair of the Commission (or designee) agree that the
structure (or portion thereof), upon review, is not eligible for individual
designation as a Fort Collins landmark, and the structure is not designated on the
National Register of Historic Places and/or State Registers of
Historic Places Properties, either individually or as a contributing element of a
National and/or State Register district; or
(2) The Director and chair of the Commission (or designee) agree that the
structure (or portion thereof), upon review, is eligible for individual designation
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as a Fort Collins landmark, or the structure is designated on the National and/or
State Registers of Historic Places, either individually or as a contributing element
of a National and/or State Register district, and Tthe proposed demolition or
alteration of the structure (or portion thereof), in the judgment of the Director and
the chair of the Commission (or designee), would not be detrimental to the current
level of eligibility of the remaining structure, if any, adjacent properties, the
surrounding neighborhood and the National and/or State Register district in which
the structure is located, if any.
If none of the foregoing circumstances isare determined to exist, the Director shall
refer the application to the Commission for consideration pursuant to Subsection
(b) below.
(b) If it is determined by the Director and/or chair of the Commission (or designee),
pursuant to Subsection (a) above, that a demolition or alteration permit of a single
family dwelling (provided that such property continues to be used for single family
dwelling purposes) should not be issued without review by the Commission, then
the application shall first be reviewed by the Design Review Subcommittee of the
Commission prior to any appeal being made under Subsection (c) of this Section.
The Director shall schedule a meeting on the application before the Subcommittee
as expeditiously as possible following such determination, and following receipt of
such information, including sketches, plans and other documents as required by the
Subcommittee. At the meeting, the Design Review Subcommittee shall explore
with the applicant all means for substantially preserving the eligibility of the
structure which would be affected by the required permit.
In determining the decision to be made concerning the issuance of a report of
acceptability, the Subcommittee shall consider the following criteria:
(1) The effect of the proposed work upon the general historical and/or architectural
character of the landmark or landmark district;
(2) The architectural style, arrangement, texture and materials of existing and
proposed improvements, and their relation to the sites, structures and
objects in the district;
(3) The effects of the proposed work in creating, changing, obscuring or destroying
the exterior characteristics of the site, structure or object upon which such
work is to be done;
(4) The effect of the proposed work upon the protection, enhancement, perpetuation
and use of the landmark or landmark district;
(5) The extent to which the proposed work meets the standards of the City and the
United States Secretary of the Interior for the preservation, reconstruction,
restoration or rehabilitation of historic resources.
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If the Subcommittee unanimously agrees on alternative plans acceptable to the applicant,
it shall provide to the Director a report of acceptability. Upon application for a required
permit, such permit shall reflect the agreed upon alternative plans, whereupon a building
permit may be issued.
(c) Any determination made pursuant to Section 14-72(a) by the Director and the chair of
the Commission (or his or her designee), regarding major alterations, or the structure’s
level of eligibility; or the report of acceptability of the Design Review Subcommittee,
made pursuant to Section 14-72(b), may be appealed to the Commission by any citizen or
owner of property in the City. Such appeal shall be set forth in writing and filed with the
Director within fourteen (14) days of the date of the Director's or Subcommittee’s
decision. The appeal shall include a Colorado Cultural Resource Survey Architectural
Inventory Form, prepared by an expert in historic preservation, acceptable to the Director
and the applicant, with the cost of such form to be paid by the applicant. Such form need
not be filed with the appeal but must be filed at least ten (10) days prior to the hearing of
the appeal. The Commission shall schedule a date for hearing the appeal before the
Commission as expeditiously as possible. Not less than ten (10) days prior to the date of
the hearing, the Commission shall provide the appellant with written notice of the date,
time and place of the hearing of the appeal, which notice shall be deposited in the U.S.
Mail, and shall publish in a newspaper of general circulation in the City notice of the
hearing. In addition, the Commission shall cause a sign to be posted on or near the
structure proposed for demolition or alteration stating that the building or structure is
undergoing historic review. Said sign shall be at least four (4) square feet in size,
readable from a point of public access and shall state that more information may be
obtained from the Director. The fact that any notice required under this Subsection has
not been received shall not affect the validity of any hearing or determination by the
Commission.
(bd) If it is determined by the Director or any member of the Commission, or by
the Design Review Subcommittee of the Commission, pursuant to Subsection (ab)
above, that a demolition or alteration permit should not be issued without review by the
Commission, then the Director shall schedule a public hearing on the application before
the Commission as expeditiously as possible following such determination, and following
receipt of such information, including sketches, plans and other documents as required by
the Commission. All such applications shall be processed as follows:
(1) A fee in the amount of two hundred fifty dollars ($250.) shall be paid by the
applicant to cover the costs of processing the request for demolition or
alteration at the final hearing before the Commission.
(2) The application shall include such information from the applicant as the Director
believes is necessary for the full and complete consideration of the
request, which information shall include, but not be limited to:
a. A Colorado Cultural Resource Survey Architectural Inventory Form and
accompanying report prepared by an independent expert in historic
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preservation, acceptable to the Director and the applicant, with the cost of
such form and report to be paid by the applicant.
b. A plan for the redevelopment of the property, which plan shall first be
approved by all administrative and/or quasi-judicial decision-making officials
and/or boards or commissions as are necessary as a prerequisite to the
presentation of construction specifications to the Director of Building and
Zoning if applicable, and if not applicable, then as a prerequisite to the
commencement of construction (for purposes of this requirement, allowing the
property to lie vacant or fallow shall not constitute "redevelopment").
(3) Not less than thirty (30) days prior to the hearing of the Commission, the
applicant shall:
a. Cause a sign to be posted on or near the structure proposed for demolition
or alteration, stating that the building or structure is being considered for such
demolition undergoing historic review. Said sign shall be at least four (4)
square feet in size, readable from a point of public access and shall state that
more information may be obtained from the Director.
b. Request that the City generate a list of owners of record of all real property
within a minimum of eight hundred (800) feet (exclusive of public rights-of-
way, public facilities, parks or public open space) of the property lines of the
parcel of land upon which the structure is situated, which list shall be prepared
from the records of the County Assessor.
(4) Written notice of the hearing shall be mailed by the Director to all persons
named on the list generated under Paragraph (3)b above. Said mailing shall
occur at least fourteen (14) days prior to the hearing date. The applicant shall
pay postage and handling costs as established by the Director. The fact that
any notice required under this Subsection has not been mailed or received
shall not affect the validity of any hearing or determination by the
Commission.
(5) The Commission shall approve the application (with or without conditions) at
the hearing or, in the alternative, it may postpone consideration of the
application for a period not to exceed forty-five (45) days, in order to
facilitate the gathering of additional information needed for the full and
complete consideration of the request by the Commission, which
information may include the opinion of the staff regarding the benefits to
the City of landmark or landmark district designation of the property in
accordance with Article II of this Chapter.
(6) In the event that the Commission has not made a final decision within said forty-
five-day period, then the Commission shall be deemed to have approved,
without condition, the proposed demolition or alteration.
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(ce) The Commission shall schedule a date for any hearing to be held by the Commission
under Subsection (a) or (bd) as expeditiously as possible and shall provide the applicant
with written notice of the date, time and place of the hearing, which notice shall be
deposited in the U.S. Mail not less than ten (10) days prior to the date of the hearing, and
shall publish in a newspaper of general circulation in the City notice of the hearing not
less than ten (10) days prior to the date of the hearing. The fact that any notice required
under this Subsection has not been received shall not affect the validity of any hearing or
determination by the Commission.
(Ord. No. 56, 1994, § 2, 4-19-94; Ord. No. 130, 2002, § 22, 9-17-02; Ord. No. 186, 2002,
§ 32, 1-7-03; Ord. 132, 2009, § 13, 12-15-09; Ord. No. 004, 2012, 1-17-12; Ord. No. 067,
2012, § 12, 8-21-12)
Sec. 14-73. Requirements and conditions for approval of demolition and
relocationor alteration.
(a) Upon approval of the application by the Director or the Commission, the owner may
obtain a demolition or relocationalteration permit and may thereafter demolish or relocate
alter the structure (or portion thereof) in compliance with all applicable laws, ordinances
and regulations.
(b) The Commission may, as a condition of its approval of the demolition or
relocation alteration of a structure (or portion thereof), require the property owner to
provide the City with such additional information which, in the opinion of the
Commission, will help to mitigate the loss to the City caused by the demolition
or relocationalteration of the structure (or portion thereof). These conditions may include:
(1) Comprehensive photographic documentation of such structure, with prints and
negatives;
(2) Comprehensive historical, developmental, social, and/or architectural
documentation of the property and the neighborhood containing the
property; and/or
(3) Any other mitigating solution agreed upon by the Commission, the applicant,
and any other applicable parties.
(Ord. 56, 1994, § 2, 4-19-94; Ord. No. 130, 2002, § 22, 9-17-02; Ord. No. 186, 2002, §
33, 1-7-03; Ord. No. 132, 2009, § 14, 12-15-09; Ord. No. 067, 2012, § 13, 8-21-12)
Secs. 14-74—14-80. Reserved.
ARTICLE V. LANDMARK REHABILITATION LOAN PROGRAM
Sec. 14-81. Purpose.
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The City Council hereby establishes a landmark rehabilitation loan program and finds
that the program promotes a valid public purpose of increasing the quality, exterior
integrity and permanence of the City's stock of historic landmarks for the enjoyment and
benefit of present and future generations of citizens of the City by making available to the
owners of designated Fort Collins landmarks or contributing structures in designated Fort
Collins landmark districts a source of funding for exterior rehabilitation of such
structures.
(Ord. No. 137, 2000, § 2, 10-17-00; Ord. No. 186, 2002, § 34, 1-7-03)
Sec. 14-82. Establishment; funding.
The City Manager shall administer the program for awarding zero-interest loans for the
rehabilitation of Fort Collins landmark structures and/or contributing structures in Fort
Collins landmark districts. The City Manager may promulgate procedural rules and
regulations for the efficient administration of the program. No such loan shall exceed the
sum of seven thousand five hundred dollars ($7,500.) unless the City Council, by
ordinance or resolution, authorizes a larger loan. All loans shall be funded solely from
those funds held by the City for financial support of the program in the General Fund,
and all loans shall be expressly contingent upon the availability of sufficient funds to
support the loan. Loan recipients shall, as a condition of obtaining the loan, agree to
repay the loan in full upon sale or transfer of the property. All loan repayments shall be
returned to the landmark rehabilitation loan program.
(Ord. No. 137, 2000, § 2, 10-17-00; Ord. No. 186, 2002, § 35, 1-7-03; Ord. No. 108,
2009, § 1, 11-3-2009)
Sec. 14-83. Criteria.
No landmark rehabilitation loan shall be awarded unless the following criteria and
requirements have been met:
(1) The subject structure must have been designated as a Fort Collins landmark or
be a contributing structure in a Fort Collins landmark district pursuant to this
Chapter before the landmark rehabilitation loan can be awarded.
(2) All loan recipients shall provide matching funds in an amount equal to or
greater than the amount of the loan.
(3) The matching funds provided by the loan recipient may be utilized only for
exterior rehabilitation of the subject property and/or the stabilization of the
structure, the rehabilitation of electrical, heating or plumbing systems, and/or the
rehabilitation or installation of fire sprinkling systems in commercial structures.
Neither the loan nor the matching funds shall be used for the installation of nor
rehabilitation of signage or interior rehabilitation or decoration, nor the
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installation of building additions or the addition of architectural or decorative
elements which are not part of the landmarked structure.
(4) Loan funds may be expended only for rehabilitation of the exterior of a
designated Fort Collins landmark structure or contributing structure in a Fort
Collins landmark district. No interior improvements may be purchased utilizing
City loan funds.
(5) The standards and/or guidelines of the City and the United States Secretary of
the Interior for the preservation, reconstruction, restoration or rehabilitation of
historic resources then in effect shall serve as the standards by which all
rehabilitation work must be performed.
(6) No loan funds shall be disbursed until after the recipient has completed the
work, the work has been physically inspected by the City and has been approved
by the City Manager and the loan recipient has documented the cost of the work
by submitting to the City copies of all bills, invoices, work orders and/or such
other documentation showing, to the satisfaction of the City, that the funds
requested are reasonable and are supported by actual proof of expense.
(7) Loan recipients shall, as a condition of the loan, prominently place a sign upon
the property being rehabilitated stating that such rehabilitation has been funded, in
part, through the City's landmark rehabilitation loan program.
(8) Property owners who have previously received loans shall be eligible for
subsequent loans.
(9) All rehabilitation work shall be completed within one (1) year from the date
upon which the loan was awarded; provided, however, that upon application and a
showing of good cause as to why the project cannot be timely completed, the
Commission may authorize an extension of up to one (1) additional year for
completion of the work.
(10) No landmark rehabilitation loan shall be awarded unless the Commission (or
in cases of loans exceeding the maximum amounts established herein, the City
Council) first determines that:
a. The applicant has demonstrated an effort to return the structure to its original
appearance;
b. It is in the best interests of the public welfare that the structure proposed to be
rehabilitated be preserved for future generations; and
c. The amount proposed to be spent on exterior rehabilitation is reasonable under the
circumstances.
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(11) No landmark rehabilitation loan shall be awarded unless the loan recipient
has, as a condition of obtaining the loan, agreed to repay the loan in full upon sale
or transfer of the property.
(Ord. No. 137, 2000, § 2, 10-17-00; Ord. No. 186, 2002, §§ 36—39, 1-7-03)
Sec. 14-84. Reserved.*
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City of Fort Collins
Land Use Code
3.4.7 Historic and Cultural Resources
(A) Purpose. This Section is intended to ensure that, to the maximum
extent feasible: (1) historic sites, structures or objects are preserved and
incorporated into the proposed development and any undertaking that may
potentially alter the characteristics of the historic property is done in a way
that does not adversely affect the integrity or significance of the historic
property; and (2) new construction is designed to respect the historic
character of the site and any potentially historic properties in the
surrounding neighborhood. This Section is intended to protect designated
or potentially individually eligible historic sites, structures or objects as
well as sites, structures or objects in designated historic districts, whether
on or adjacent to the development site.
(B) General Standard. If the project contains a site, structure or object
that (1) is determined to be potentially individually eligible for individual
local landmark designation or for individual listing in the State or National
Registers of Historic Properties or National Registers of Historic Places;
(2) is officially designated as a local or state landmark, or is listed on the
National Register of Historic Places; or (3) is located within an officially
designated National, State or Fort Collins historic district or area, then to
the maximum extent feasible, the development plan and building design
shall provide for the preservation and adaptive use of the historic structure.
The development plan and building design shall protect and enhance the
historical and architectural value of any historic property that is: (a)
preserved and adaptively used on the development site; or (b) is located on
property adjacent to the development site and qualifies under (1), (2) or
(3) above. New structures must be compatible with the historic character
of any such historic property, whether on the development site or adjacent
thereto.
(C) Determination of Landmark Eligibility. The determination of
potential individual eligibility for local landmark designation will be made
in accordance with the applicable provisions of Chapter 14 of the City
Code. A site, structure or object may be determined to be
potentially individually eligible for individual local landmark designation
if it meets one (1) or more of the criteria as described in Section 14-5,
"Standards for Designation of Sites, Structures, Objects and Districts For
Preservation” "Standards for determining the eligibility of sites, structures,
objects and districts for designation as Fort Collins Landmarks or
landmark districts" of the City Code, except that the finding of potential
individual eligibility is non-binding on the owner of the property, and may
be overturned by a formal determination of eligibility pursuant to Section
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14-6 of the City Code. If a property is determined to be eligible for
designation, the applicant will provide a completed Colorado Cultural
Resource Survey Architectural Inventory Form for the property.
The determination of individual eligibility for the National or State
Register of Historic Places shall be according to the processes and
procedures of the Colorado Historical Society.
(D) Reuse, Renovation, Alterations and Additions.
(1) Original or historic materials and details, as well as distinctive
form and scale, that contribute to the historic significance of the
structure or neighborhood shall be preserved to the maximum
extent feasible. Rehabilitation work shall not destroy the
distinguishing quality or character of the structure or its
environment.
(2) The rehabilitation of structures shall be in conformance with
the Secretary of the Interior’s "Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Buildings" (available from
the Director) or other adopted design guidelines or standards.
(E) Relocation or Demolition. A site, structure or object that is
determined to be formally or potentially individually eligible for
individual local landmark designation or for individual listing in the State
or National Registers of Historic Places may be relocated or demolished
only if, in the opinion of the decision maker, the applicant has, to the
maximum extent feasible, attempted to preserve the site, structure or
object in accordance with the standards of this Section, and the
preservation of the site, structure or object is not feasible.
(F) New Construction.
(1) To the maximum extent feasible, the height, setback and/or
width of new structures shall be similar to those of existing historic
structures on: (a) any block face on which the new structure is
located and on any portion of a block face across a local or
collector street from the block face on which the new building is
located, or (b) when a block does not exist, then on any land
adjacent to the property on which the new building is located,
unless, in the judgment of the decision maker, such historic
structures would not be negatively impacted with respect to their
historic exterior integrity and significance by reason of the new
structure being constructed at a dissimilar height, setback and/or
width. Where building setbacks cannot be maintained, elements
such as walls, columns, hedges or other screens shall be used to
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define the edge of the site and maintain alignment. Taller
structures or portions of structures shall be located interior to the
site. Structures at the ends of blocks shall be of a similar height to
structures in the adjoining blocks.
(2) New structures shall be designed to be in character with such
existing historic structures. Horizontal elements, such as cornices,
windows, moldings and sign bands, shall be aligned with those of
such existing historic structures to strengthen the visual ties among
buildings. Window patterns of such existing structures (size,
height, number) shall be repeated in new construction, and the
pattern of the primary building entrance facing the street shall be
maintained to the maximum extent feasible. See Figure 6.
Figure 6
Building Patterns
(3) The dominant building material of such existing historic
structures adjacent to or in the immediate vicinity of the proposed
structure shall be used as the primary material for new
construction. Variety in materials can be appropriate, but shall
maintain the existing distribution of materials in the same block.
(4) Visual and pedestrian connections between the site and
neighborhood focal points, such as a park, school or church, shall
be preserved and enhanced, to the maximum extent feasible.
(5) To the maximum extent feasible, existing historic and mature
landscaping shall be preserved and when additional street tree
plantings are proposed, the alignment and spacing of new trees
shall match that of the existing trees.
(6) In its consideration of the approval of plans for properties
containing or adjacent to sites, structures, objects or districts that
have (a) been determined to be officially or potentially eligible for
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individual local landmark designation or for individual listing in
the National Register of Historic Places or the State Register of
Historic Properties, or (b) which are officially designated as a local
or state landmark, or are listed on the National Register of Historic
Places, or (c) are located within an officially designated National,
State or local historic district or area, the decision maker and/or
Administrative Body shall receive a recommendation from the
Landmark Preservation Commission which recommendation is not
appealable to the City Council under Chapter 2 of the City Code.
(Ord. No. 228, 1998 §20, 12/15/98; Ord. No. 177, 2002 §§9, 10, 12/17/02; Ord. No. 173,
2003 §14, 12/16/03; Ord. No. 198, 2004 §11, 12/21/04; Ord. No. 120, 2011 §11,
9/20/2011; Ord. No. 041, 2013 §4, 3/19/13)
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Community Development & Neighborhood Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.416.2740
970.224.6134- fax
fcgov.com
Planning, Development & Transportation Services
MEMORANDUM
TO: Molly Wendell, Chief Deputy City Clerk
FM: Ron Sladek, Chair, Landmark Preservation Commission
RE: 2013 Landmark Preservation Commission (LPC) Work Program
The Landmark Preservation Commission's 2013 Work Program consists of both continuing
responsibilities and new projects. The Commission’s primary focus is implementing the goals and
actions contained in the Historic Resources Preservation Program Plan, an element of City Plan, and the
recommendations in the 2010 Historic Preservation Program Assessment.
The Commission wishes to thank Council for its support of the Historic Preservation Division through the
inclusion in the adopted budget of an additional professional Historic Preservation staff member. This
new position will enable staff and the Commission to continue its efforts to implement critical action
items identified in the Historic Preservation Program Assessment, as well as to provide our community
with outstanding service. One immediate result of this additional staff is the Commission’s resumption in
2013 of local approval of State Tax Credits for Historic Preservation, benefitting the over 1000 property
owners who qualify for these 20% income tax credits.
The Commission is also excited that two of its long held goals have become a reality: Re-establishing the
highly successful Design Assistance Program and re-instating the ability to offer Voluntary Design
Review. The Commission is already seeing the benefits of these two programs, in the quality of new
design proposals for additions and alterations in the historic core neighborhoods.
For 2013, the Commission has identified goals to further City Council objectives:
• Continued implementation of the recommendations contained in the 2010 Historic Preservation
Program Assessment, with particular emphasis on revising and refining codes directing historic
preservation activities.
• Continued property survey. The highest priorities are the survey of properties 40 years old and
older along the MAX/BRT corridor, with an emphasis on identifying potential historic properties
in the Midtown area; and of properties surrounding Colorado State University located in the area
between Shields Street, College Avenue, Prospect Road and Laurel Avenue.
• The Commission has requested that staff pursue funding to develop design guidelines for new and
infill construction in areas adjacent to historic properties and districts.
• The Commission has requested that staff pursue funding for a feasibility study of conservation
districts.
Ongoing and special projects which will require Landmark Preservation Commission involvement in
2013 include:
Survey and Identification:
• Identification of survey priorities, and review and adopt the results of historic property
surveys. Surveys in 2011 and 2012 documented over 300 additional Fort Collins properties,
furthering Council’s goal of developing a comprehensive database of the community’s
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Landmark Preservation Commission
2012 Work Program
Page 2
historic buildings and resources. In 2013, grant funding will be sought for the survey of an
additional 100 historic properties.
Incentives:
• Review applications to the Landmark Rehabilitation Loan Program. This program supports
all three legs of the City’s triple bottom line. Community sustainability is promoted by
enhancing the quality, livability and attractiveness of our neighborhoods; greening existing
buildings is an effective tool for environmental stewardship; and financial sustainability is
shown by the program’s ability to leverage funding at a ratio of nearly 1:8.
• Approve applicants for the Design Assistance Program, and comment upon or approve any
changes to the program’s policies and guidelines. By incentivizing the use of pre-qualified
professionals with experience in context-sensitive historic design, the DAP is enhancing the
compatibility of alterations and new construction occurring in our historic neighborhoods.
• Participate in Complimentary Design Reviews of additions, alterations and infill construction
in the core neighborhoods, helping owners and developers identify design issues at the
preliminary stages of planning, and providing education and awareness of incentives to
encourage compatible design.
Landmark Designation Program:
• Evaluate applications for individual and district landmark designation, and provide
recommendations on eligibility to Council. In 2013, the number of National, State and
locally designated properties in Fort Collins is expected to pass the 1000 mark. Fort Collins
currently boasts 734 National Register properties, 15 State Register properties, and 246 Fort
Collins Landmarks.
Design Review Function:
• Final decision-making authority for design review of designated landmark buildings. In
2012, the Commission heard over 40 proposals for significant alterations and additions to
Landmark properties. With the improvements in our economy, this number is expected to
increase in 2013.
Planning:
• Community character and quality neighborhoods are enhanced by ensuring compatible
alterations and infill development supported by financial and design incentives. In 2013, the
Commission will review and comment on issues affecting historic properties, particularly
implementation of City Plan redevelopment policies.
• Economic vitality is promoted through leveraging private investment: Owners can receive
back up to 70% of their costs for renovation, leading to increased disposable income and
further reinvestment. In 2013, the Commission will continue its promotion of the nine
existing incentive programs, and will investigate additional financial incentives for historic
preservation.
• The adaptive re-use of historic buildings and the greening of existing buildings are effective
tools for environmental stewardship. Many older buildings are remarkably energy efficient
because of their site sensitivity, quality of construction, and use of passive heating and
cooling, and can go green without compromising historic character. Renovating an existing
building creates 30-50% less carbon emissions than new construction. In 2013, the
Commission will participate in and provide funding towards model projects that promote
sustainable historic preservation practices, including the Engines and Energy Conversion Lab
(EECL) addition at the City’s Old Power Plant Building.
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Landmark Preservation Commission
2012 Work Program
Page 3
Education and Awareness:
In 2013, the Commission will continue its ongoing efforts to inform and educate the community
on the long-term social, environmental and economic benefits of historic preservation through:
• Continue community outreach by providing technical information and education on the
community-wide benefits of historic preservation, and by promoting financial incentives
for historic preservation.
• Continue the "Friends of Preservation" award program.
• Facilitate communication with public and private business and development entities.
• Facilitate the Demolition/Alteration Review process, allowing citizen input on the
demolition or alteration of non-designated properties fifty years old or older.
Training:
In 2013, the Commission will reaffirm its high standards for professionalism through ongoing
training and education. Attendance at professional conferences and workshops, including
Colorado Preservation Inc.’s annual conference, will be encouraged of all Commission members.
cc: Landmark Preservation Commission Members
Wade Troxell, Council Liaison
Darin Atteberry, City Manager
Diane Jones, Deputy City Manager
Karen Cumbo, PDT Director
Laurie Kadrich, CDNS Director
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