HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/28/2004 - DISCUSSION REGARDING THE ROLES AND FUNCTION OF THE DATE: September 28, 2004 STUDY SESSION ITEM
STAFF: Greg Byrne/Joe Frank FORT COLLINS CITY COUNCIL
Karen McWilliams
SUBJECT FOR DISCUSSION
Discussion regarding the roles and function of the Landmark Preservation Commission.
Roles and Functions of the Landmark Preservation Commission:
• Current Roles and Functions;
• Proposal to Add Complimentary Design Review as a Function of the Commission;
• Proposal to Enable the Commission to Provide Comments to Staff on Development Projects
Affecting Individually Eligible Properties.
Economic Impact:
• $20,000 on-going allocation of General Fund money to increase the amount of the City's primary
incentive, the Rehabilitation Zero-interest Loan Fund, from$20,000 to$40,000;
• Onetime allocation of$40,000,to be leveraged as matching funds for a State Historic Fund Grant,
potentially resulting in $160,000 for educational contexts and property survey.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
The Landmark Preservation Commission and Staff welcome a discussion by the Council on the roles
and responsibilities of the Commission. Additionally, Council may want to discuss the
appropriateness of proposed revisions to existing code language governing the City's protection of
historic resources. The City currently provides support for historic preservation through the
demolition/alteration review process, historic preservation incentives, development standards,
planning efforts, and other tools.
Questions relevant to the discussion include:
What questions does Council have regarding the roles and responsibilities of the Landmark
Preservation Commission?
1. Does Council support the proposed code changes?
a. Ability to relocate or demolish individually eligible buildings.
b. Revisions to Section 3.1.1 of the Land Use Code, "Applicability."
C. Demolition/Alteration Review Process changed to apply only to properties
designated on the National and State Registers.
d. Ability of Landmark Preservation Commission to provide comments on development
projects affecting individually eligible historic resources.
e. Ability of the Commission to provide complimentary design review to owners of
historic resources.
September 28, 2004 Page 2
2. Does Council support the proposed allocation of funds for education and incentives?
3. Does Council have additional suggestions or questions?
ATTACHMENTS
Landmark Preservation Commission Memo
Brief Description of LPC's Roles and Responsibilities
Overview and LPC Duties
Chapter 14, Article IV, (Landmark Code)
Land Use Code Section 3.4.7
Schedule
Community Planning and Environmental Services
Advance Planning Department
City of Fort Collins
TO: Mayor and Members of City Council i
FROM: Karen McWilliams,Preservation Planner `.
THRU: Darin Atteberry, Interim City Manage (�
Greg Byrne, Director C.P.E.S.
Joe Frank, Advance Planning Dire
DATE: September 28, 2004
RE: Proposed Revisions to Chapter 14 of the Municipal Code and to the Land
Use Code, Pertaining to Historic Preservation.
The Landmark Preservation Commission and Staff are seeking direction from Council
regarding proposed revisions to Chapter 14 of the Municipal Code and to Sections 3.1.1
and 3.4.7 of the Land Use Code.
• The Landmark Preservation Commission and staff have been working to identify both
issues and solutions to concerns recently raised concerning the historic preservation code
provisions in these two codes. A primary concern is a conflict identified between the
requirements of the Municipal Code and the Land Use Code. Additional secondary
issues concern changes to our current review process, to enhance the Historic
Preservation program. The Commission has discussed these revisions at meetings held
on June 9, June 23, July 28 and August 11, 2004, and on August 11, unanimously
recommended (4-0) its support of the proposed changes.
The Planning and Zoning Board discussed the proposed revisions at its August 13 Work
Session, and in general supported the changes. P&Z concerns included a definition of
substantial hardship (1 member); a concern that eliminating Chapter 14, Article IV would
result in the loss of several historically significant single family dwellings (3 members);
the need to substantially increase the program's current funding amount for education (1
member); the P&Z Board's desire to be able to ask the LPC for advice (5 members); and
the need to redefine or explain the term"event" as it applies to historic preservation (1
member).
Following are the proposed revisions to the Municipal and Land Use Codes, and
additional program changes intended to enhance the Historic Preservation program:
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1. Issue: Ability to relocate or demolish individually eligible buildings.
Section 3.4.7 of the Land Use Code governs the review of individually eligible buildings
proposed for redevelopment. The City Attorney's Office recently reviewed the
provisions of this Section, and determined that the existing code language requires
historic resources to be retained, in their original location, effectively prohibiting either
relocation or recordation and demolition as preservation options.
The Landmark Preservation Commission supports revisions to Section 3.4.7 of the Land
Use Code to allow for relocation or recordation and demolition as preservation options of
last resort. Specific criteria will be developed by staff and the City Attorney's Office to
identify when relocation or recordation and demolition are appropriate. (Relocation or
recordation and demolition are already allowed for in Chapter 14, Article IV of the
Municipal Code.)
Timing: Land Use Code revision,final in December.
Cost: No additional cost beyond staff time.
2. Issue: Revisions to Section 3.1.1 of the Land Use Code, "Applicability." In 2002, the
Land Use Code was amended to require that development and building permit
applications, subject only to basic development review,would also be required to comply
with the standards contained in Section 3.4.7, "Historic and Cultural Resources."
Inclusion of Section 3.4.7 in this applicability statement had the unintended consequence
of subjecting individually eligible single family dwellings applying for building permits
for demolition, alterations, or relocation, to the same Land Use Code requirements as
individually eligible single family dwellings proposed for redevelopment. The LPC and
Staff believe that this requirement is not supported by the community and/or the
neighborhoods that it was intended to protect.
The Landmark Preservation Commission supports revising Section 3.1.1 of the Land Use
Code to eliminate applicability of the standards contained in Section 3.4.7 to single
family dwellings which would otherwise be subject only to basic development review.
This revision would return the code to its original intent that only Type 1 or Type 2
development projects are subject to the provisions of Section 3.4.7 of the Land Use Code,
Timing: Land Use Code revision,final in December.
Cost: No additional cost beyond staff time.
3. Issue: Demolition/Alteration Review Process. This process currently requires the
review of all individually eligible historic resources, fifty years old or older, seeking a
permit for alterations, demolition, or relocation, and any properties currently designated
on the National and State Registers. It does not affect the process by which alterations or
demolition of designated Fort Collins Landmarks is reviewed.
• The Landmark Preservation Commission supports revising Chapter 14, Article IV, to
eliminate the review of all individually eligible historic resources exceming those
designated on the National and State Register. Properties listed on the National and State
Registers automatically qualify for financial incentives, including the 20% State Tax
Credits. The City feels it has a responsibility to protect its National and State Register
designated buildings and districts, and to review demolitions, alterations, and relocations
of National and State Register designated properties. Fort Collins has two National
Register districts, the Laurel School District and the Old Town District, and 22 individual
National and State Register properties not protected by Fort Collins designation.
Timing: Municipal Code revision,final in December.
Cost: No additional cost beyond staff time.
4. Issue: Ability of Landmark Preservation Commission to provide comments on
development projects affecting individually eligible historic resources. The Landmark
Preservation Commission is unique among the City's boards and commissions as the only
board with specific requirements for a certain level of expertise in architecture, historic
preservation, or related disciplines. These requirements result from the city's status as a
Certified Local Government. Consequently, the Landmark Preservation Commission has
a high level of expertise that applicants routinely benefit from.
The Landmark Preservation Commission supports a revision to the Commission's
• functions in Chapter 2 of the Municipal Code,to allow staff to seek comments from the
Commission on projects involving individually eligible properties reviewed under the
Land Use Code. These comments would be offered informally by the LPC, and would
aid staff in making their recommendations on proposed development projects affecting
historic structures.
Timing: Municipal Code revisions,final in December.
Cost: No additional cost beyond staff time.
5. Issue: Encourage voluntary landmark designation through additional education and
incentives.
Citizens have consistently suggested the need for an increase in the funding for the
incentive programs we offer. The Landmark Preservation Commission supports, and
strongly recommends, an increase in the funds available for the Rehabilitation Loan
Program, which has proven to be very effective. This program offers no-interest
matching loans on a competitive basis, of up to $5,000 each year, for exterior
rehabilitation or restoration on designated buildings. The loans are paid back upon the
sale of the property. Currently, the program receives just $20,000 each year, and many
worthy projects are denied or receive only partial funding. The Commission would like
to see the amount allocated to this program doubled, to $40,000 each year.
Timing: Begin in 2005
Cost: An additional$20,000 of General Fund money each year.
Staff will also explore additional financial incentives, including Sales Tax
Reimbursement funding, as an additional incentive for designation. Local sales taxes on
building materials for improvements to local landmarked properties involve relatively
small amounts of money. However, this is a direct out-of-pocket cost that a property
owner can immediately link to preservation of his or her property. Sales tax waivers or
rebate programs are offered by several Colorado communities, including Boulder,
Longmont, and Steamboat Springs.
Timing: By June 2005.
Cost: Yet to be determined.
Contexts and surveys are the backbone of a historic preservation program. The
Commission also strongly encourages the preparation of contexts and surveys, to identify
significant historic properties and preservation issues, so that the program can move away
from being"reactive." Already identified as a priority are contexts and surveys of Post
World War II and 1950s and 60s architecture. An important component of the survey
work would be owner notification. Property owners would be provided with a copy of
their survey, and would be able to challenge the findings.
Timing: Ongoing.
Cost: $40,000 one-time allocation of General Fund money, to be used as matching funds
for state and federal grants; expected ratio of 25% city funds to 75%state and federal
funds, resulting in a leveraged amount of$120,000 for a total of$160,000.
Education is also very important to a successful program. Staff will develop a variety of
brochures and informational materials, to encourage an appreciation of historic
preservation and appropriate design. Additional outreach programs will be developed, to
include power point presentations,talks to schools and community organizations, design
workshops, and recognition and awards.
Timing: Ongoing.
Cost: Varies; can be accomplished within existing budgets.
• Roles and Responsibilities of the Landmark Preservation Commission:
Overview
History of the Historic Preservation Program
During the 1960's, the rapid growth of Fort Collins led to the loss of several highly
significant residential, commercial and civic properties, including the First National Bank
building at the southeast comer of Mountain and College Avenues,many beautiful
downtown churches, and several notable residences, including the Loomis, Welch and
Hottel Houses. Concerned about the destruction of our heritage, citizens and early
preservation organizations lobbied City Council for review and protection mechanisms.
As a result, the Fort Collins Historic Preservation Program was "bom" in 1968, with the
adoption of Chapter 14 (Landmark Preservation) of the City Code and formation of the
Landmark Preservation Commission.
The purpose of historic preservation in Fort Collins is best described in Chapter 14 of the
City Code and includes the following statements: "designate, preserve, protect...those
structures...which reflect outstanding elements of the City's...heritage;" "foster civic
pride...of the past;" "stabilize or improve aesthetic and economic vitality and values of
such...structures;" "enhance the city's attraction to tourists;" and, "promote the use of
outstanding...structures ... for the education...and welfare of the people of the City."
• Duties of the Landmark Preservation Commission:
The seven-member Landmark Preservation Commission (LPC) was created by Council in
1968 to perform the duties relating to preservation of historic landmarks as set out in
Chapter 14, including the designation of structures and the review of plans for the
construction, alteration, demolition, or relocation of such structures, and, the review of
plans for the demolition, alteration or relocation of individually eligible historic buildings
over 50 years in age. The LPC members are appointed by City Council for staggered
four-year terms. Members of the LPC have expertise in the fields of architectural history,
architecture, real estate, or generally, a demonstrated interest in historic preservation.
The Commission makes recommendations to the City Council on Fort Collins Landmark
designations. The LPC is the final decision-maker regarding requests for alterations to
exterior features of Landmark structures, demolitions/alterations/relocations of
individually eligible historic buildings, and determinations of eligibility for local
landmark designation. The decisions of the LPC may be appealed to the City Council.
The Commission also performs additional functions including: promoting an awareness
of and appreciation for the value of historic preservation; advising the City Council with
regard to the identification and significance of historic resources, threats to their
preservation and methods for their protection; and advising City Council and City staff
with regard to policies, incentives and regulations for historic preservation.
•
Preservation Responsibilities and Activities
The City has been a leader in the state and nation in its planning, policy and
implementation programs, including local landmark designations, incentive programs,
survey, and regulation, including but not limited to:
Policy. In 1994, the City adopted the "Historic Resources Preservation Program Plan" as
an element of the City's comprehensive plan. The Mission of this Plan is "to enhance the
quality of life in Fort Collins by the preservation of historic resources and inclusion of
heritage in the daily life and development of the City and community." City Plan
includes several goals, principles, and policies specifically relating to historic
preservation.
Certified Local Government. In 1991, Fort Collins achieved state and federal recognition
as a Certified Local Government. The CLG program gives the City broad powers to
administer state and federal preservation regulations, including Section 106 Review and
Compliance, and provides a dedicated pool of federal grants and the opportunity to
participate in the state preservation tax credit program. In return, it requires that the City
enforce appropriate state and local legislation for the designation and protection of
historic properties consistent with the federal Secretary of the Interior's Standards. It also
requires the establishment of a qualified historic preservation review commission; that
the city survey and inventory properties to the State's standards; provides for public
participation; and to perform other responsibilities delegated to it.
Incentives. Fort Collins has assembled an impressive array of public/private financial
incentives to promote historic preservation, and to make the adaptive reuse of historic
structures economically feasible. Owning a property designated as a Fort Collins
Landmark provides the owners with substantial resources for the preservation and upkeep
of these properties such as a 20%return on every dollar invested (State Tax Credit
Program),no-interest matching loans (the City's Zero-interest Rehabilitation Loan
Program), and professional design help for alterations or additions (our Design
Assistance Program). Other financial incentives include:
* Federal Investment Tax Credits
* State Historical Fund Grants
* Historical Structural Assessment Grants
* DDA Facade Grants
* CDBG Grants
* LDC Low-Interest Loans
* Affordable Housing Tax Credits
Regulation. While much of the emphasis of the City's Historic Preservation Program is
focused on identification, information, designation and incentives, the Fort Collins
program also includes some regulatory control over historic resources as follows:
• Chapter 14, Landmark Preservation—This Chapter provides for the local
landmark designation of historic structures, the review of exterior alterations to
• local landmark designations, and the review of demolition or relocation of historic
buildings over 50 years in age.
• Division 3.4.7 of the Land Use Code, Section 3.4.7 Historic and Cultural
Resources, is intended to ensure that historic buildings are preserved and
incorporated into proposed development in a way that does not affect the integrity
of the historic resources; and, that new construction is designed to respect the
character of historic buildings in the neighborhood.
Responsible Property Owner. Finally, the City has been a responsible steward of many
of its own historic buildings including but not limited to the preservation and adaptive
reuse of the Old Trolley Barn, Museum, Freight Depot, Poudre Creamery, and Nix Farm.
Program Honors
The City's Historic Preservation Program, together with the Landmarks Preservation
Commission, has been very successful. Fort Collins has received both state and national
recognition for its outstanding efforts to preserve the historic heritage of our community.
These include receiving a 2003 Colorado Community Revitalization Association
Governor's Award for Downtown Excellence, State Honor Award for Preservation of the
historic Preston Farm, and being featured in the National Park Service's Annual Report,
"Federal Tax Incentives for Historic Buildings." In 1995, the National Trust for Historic
Preservation chose Fort Collins as the site of its prestigious Preservation Leadership
Training program. In February, Council passed a resolution declaring the intent of the
wCity to seek national designation as a"Preserve America Community," a White House
initiative to promote and recognize leadership in preservation.
Chapter 14, Article IV of the Municipal Code
"Demolition/Alteration Review Process"
The Demolition/Alteration Review Process was established by City Council in 1994. Its
purpose is to delay, and hopefully prevent, the alteration or demolition of significant
historic buildings and structures,by allowing an opportunity for City staff and the
community to educate the owner, to document the property, and to explore alternatives to
the proposed changes.
The process was established following the loss of the Rhodes-Trimble House, the final
straw in a series of demolitions of significant structures which generated a huge public
outcry. Responding to citizens' concerns that they were often unaware of proposals that
would significantly affect historic properties, and that there was no time for exploring
alternatives, Council adopted Article IV in Chapter 14 of the Municipal Code, commonly
referred to as the Demolition/Alteration Review Process.
Under this current process, applications for demolition, alteration or relocation of
individually eligible buildings or structures that are 50 years old or older and not
condemned are reviewed under a specific set of criteria. Properties that are individually
eligible are highly significant buildings and structures which retain a high degree of
. integrity. The first question asked is if the proposed work would negatively affect the
building's eligibility. Many undertakings do not affect eligibility, i.e. code compliance
projects, rehabilitation and restorations, and compatible additions. If the proposed work,
in the opinion of the Director of Advance Planning and the Chair of the Landmark
Preservation Commission, would not be detrimental to the building or structure's
individual eligibility, or negatively impact an existing district, then the application is
approved.
If, in the opinion of the Advance Planning Director and LPC Chair, the project would
have a detrimental effect on an individually eligible building or upon a designated
district, then the application is referred to the Landmark Preservation Commission, in a
two phase process: A preliminary hearing, followed, if needed, by a final hearing.
The Preliminary Hearing is the opportunity for applicants to meet with the Commission
to discuss their plans, with the goal of identifying and solving issues that would adversely
affect the property's historic significance and integrity. In most cases, an agreeable
solution is arrived at, allowing for the applicant's needs and still protecting the individual
eligibility of the building or structure. If the applicant and Commission are not
successful in developing acceptable plans at the Preliminary Hearing, then the application
proceeds to a Final Hearing.
The Final Hearing has submittal requirements. These are: a fee of$250, to cover the
costs of processing the request; historical and architectural documentation of the building
and a report on the effect that the plans would have on the site and the neighborhood; and
a fully approved plan for the redevelopment of the property. At least 30 days prior to the
Final Hearing, the property is posted, and notice is mailed to nearby property owners.
At the Final Hearing, the Landmark Preservation Commission shall then either approve
the application(with or without conditions), or postpone consideration of the application
for a period not to exceed 45 days, for the following reasons: (a)Additional information
is needed for the full and complete consideration of the request by the Commission; or
(b) The request has generated substantial neighborhood concerns, and such postponement
could contribute to resolving these concerns; or (c) The Commission wishes to
investigate the benefits to the city of protecting the building or structure through
landmark or landmark district designation of the property.
Following the Final Hearing, the application must be approved.
The conditions which the Commission may require are to provide the city with additional
information which will help to mitigate the loss to the city caused by the demolition,
alteration or relocation of the building or structure. These would include photographic or
historical documentation of the building or structure; donation of artifacts or architectural
elements from the building; and any other mitigating solution agreed upon by the
Commission,the applicant, and any other applicable parties.
Attached is the complete text of Chapter 14 of the Municipal Code.
TABLE OF CONTENTS
• CHAPTER14
LANDMARK PRESERVATION
Articles:
I. In General
Sec. 14-1 Definitions
Sec. 14-2 Declaration of policy
Sec. 14-3 Purpose
Sec. 144 Staff
Sec. 14-5 Standards for determining the eligibility for designation of sites,structures,
objects and districts for preservation
II. Designation Procedure
Sec. 14-21 Initiation of procedure
Sec. 14-22 Notice of hearing
Sec. 14-23 Department of Advance Planning review
Sec. 14-24 Interim control
Sec. 14-25 Hearing
Sec. 14-26 Findings and recommendations of the Commission
Sec. 14-27 Transmittal to City Council
Sec. 14-28 City Council action
Sec. 14-29 Recording with county Clerk
Sec. 14-30 Final notification to owner
Sec. 14-31 Amendment or rescission of designation
• M. Construction,Alterations,Demolitions and Relocations
Sec. 14-46 Work requiring building permit
Sec. 14-47 Work not requiring building permit;application for approval
Sec. 1448 Approval of proposed work
Sec. 1448.5 Work not detrimental to historic,architectural or cultural material;
administrative process
Sec. 1449 Signs
Sec. 14-50 Denial of building permit
Sec. 14-51 Action of Commission on unacceptable proposed work
Sec. 14-52 Remedying of dangerous conditions
Sec. 14-53 Waiver of conditions
Sec. 14-54 Appeal of decisions
Sec. 14-55 Extension of time limits
Sec. 14-56 Normal maintenance and repair
Sec. 14-57 Minimum maintenance requirements
Sec. 14-58 Notification of state or national designation
Sec. 14-59 Violations and penalties
Sec. 14-60 Severability
IV. Demolition or Relocation of Historic Structures Not Designated as Fort Collins
Landmarks or Located in a Fort Collins Landmark District
Sec. 14-71 General
Sec. 14-72 Procedures for review of applications for demolition or relocation
Sec. 14-73 Requirements and conditions for approval of demolition and relocation
V. Landmark Rehabilitation Loan Program
Sec. 14-81 Purpose
Sec. 14-82 Establishment;funding
Sec. 14-83 Criteria
Sec. 14-84 Application;awards
Supp.No.67 935
LANDMARK PRESERVATION § 14-I
•
ARTICLE I. IN GENERAL Demolition shall mean any act or process that de-
stroys in part or in whole an eligible or designated site,
Sec. 14-1. Definitions. structure or object, or a site, structure or object within
The following words, terms and phrases, when used an eligible or designated district.
in this Chapter, shall have the meanings ascribed to Determination ofeligibi/ityshall mean a decision by
them in this Section: the Director of Advance Planning and/or the Com-
mission that a site, structure, object or district meets
Adverse effect shall mean that a project or under-
taking may alter, directly or indirectly, any of the one (1) or more of the standards for designation as a
characteristics that qualify a property for designation, Fort Collins landmark. The determination of Historic
either individually or as a contributing element of a Pl for the National and/or State Register of Historic
district, in a manner that would diminish the prop- Places shall be according or the processes and proce-
dures of the Colorado Historical Society.
erty's exterior integrity. Adverse effects may include
reasonably foreseeable effects caused by the under- District shall mean a geographically definable area
taking that may occur later in time, be removed in possessing a significant concentration,linkage, or con-
distance, or be cumulative. tinuity of sites, structures, or objects and their sur-
rounding environs united by past events or aestheti-
y process which cally by plan or physical development. A district may
changes one(1) or more of the exterior characteristics also comprise individual elements separated geo-
of a designated site, structure, object, or district or a graphically but linked by association or history.
site, structure, object or district eligible for designa-
tion. Eligibiliryshall mean a resource's ability to meet one
a Cbacteristics shall mean the visible and tangible (1) or more of the standards for designation as a Fort
Chara
ras of a site, structure, object or district, Collins landmark, or the criteria for designation on
• including but not limited to the architectural design, the National and ) State Register of Historic Places.
levels of eligibility for designation:
style, general arrangement and components of all the There are three
outer surfaces of a site, object, structure or improve- individual, contributing
levels
to a district, and noncontrib-
ment, including but not limited to the color, texture, uting/not eligible.
materials, type and style of all windows, doors, lights, Exteriorintegrityshall mean the ability of a property
signs and other fixtures appurtenant to said site, to convey its significance. To be designated as a
object, structure or improvement. landmark, a property must not only be shown to be
Commission shall mean the Landmark Preservation significant, but also must have exterior integrity. The
Commission created in§ the degree of integrity required for landmark status is rela-
tive to a property's significance. Exterior integrity is
Construction shall mean the erection of any on-site the composite of seven (7) aspects or qualities, which
improvements on any parcel of ground located within in various combinations define integrity: location,
a designated or eligible district or on a designated or design, setting, materials, workmanship, feeling, and
eligible site, whether the site is presently improved or association. The more qualities present in a property,
unimproved, or the erection of a new principal or ac- the higher its integrity. Ultimately the question of
cessory structure on such property. exterior integrity is answered by whether or not the
property retains the identity for which it is significant.
Contributing to a district shall mean a site, structure Location is the place where the historic property was
or object eligible for designation, or formally desig- constructed or the place where the historic event
nated, that has significance and that has experienced occurred. Design is the combination of elements that
some alterations which, while not seriously damaging create the form, plan space, structure, and style of a
the exterior integrity of the property, have altered the property. Setting is the physical environment of a
appearance enough to be noted. These sites, struc- historic property. Whereas location refers to the spe-
tures, or objects retain enough exterior integrity to cific place where a property was built or an event
contribute to the significant characteristics of the dis- occurred, setting refers to the character of the place. It
trier.
Supp.No.67 937
§14-1 FORT COLLINS CODE
involves how, not just where, the property is situated (5) Which faithfully portrays the environment of a
and its relationship to the surrounding features and group of people in an era of history character-
open space. Materials are the physical elements that ized by a distinctive architectural style or which
form a historic property. Workmanship is the physical embodies those distinguishing characteristics of
evidence of the crafts of a particular culture or people an architectural-type specimen or which is the
during any given period in history or prehistory. It is work of an architect or master builder whose in-
the evidence of artisans'labor and skill in constructing dividual work has influenced the development
or altering a building, structure, or site. Feeling is a of the city;
property's expression of the aesthetic or historic sense
of a particular period or time. It results from the (6) Which,because of being a part of or related to a
presence of physical features that, taken together, square, park or other distinctive area, should be
convey the property's historic character. Association developed or preserved according to a plan
is the direct link between an important historic event based upon a historic, cultural or architectural
or person and a historic property. A property retains significance;
association if it is the place where the event or activity
occurred and is sufficiently intact to convey that (7) Which, due to unique location or singular physi-
relationship to an observer. Like feeling, association cal characteristic, represents an established,
requires the presence of physical features that convey familiar and significant visual feature of the
a property's historic character. neighborhood,community or city;
Improvement shall mean any building, structure, (8) Officially designated as a Fort Collins landmark
place,work of art or other object constituting a physi- or Fort Collins landmark district pursuant to the
cal betterment of real property or any part of such bet- provisions of this Chapter.
terment, including improvements on public property. Noncontributing/not eligible shall mean a site,
Individual landmark shall mean a site, structure or structure or object which does not possess sufficient
object eligible for designation, or formally designated, significance and/or exterior integrity necessary for
that has significance and which substantially retains designation, and is considered noncontributing to a
its exterior integrity. The property may have minor district, or not eligible to be designated as an individ-
alterations but these alterations will not have com- ual landmark.
promised the site's, structure's or object's exterior Object shall mean a material thing of functional,
integrity. aesthetic, cultural, historical or scientific value that
Landmark or landmark district shall mean any site, may be,by nature or design, movable.
structure, object or improvement and its surrounding Relocation shall mean moving all or part of a struc-
environs or a group of sites, structures, objects or im- ture or object to a different location.
provements or both and their surrounding environs:
(1) Which has a special character or special historic Repair and maintenance shall mean work done on a
or aesthetic interest or value as part of the de- site, structure or object in order to correct any deterio-
or nest ent, heritage or cultural characteristics e- ration, decay or damage to any part thereof in order to
the city, state heritage
nation; restore the same as nearly as practical to its condition
prior to such deterioration, decay or damage.
(2) Wherein any event of major historic significance Resource shall mean any site, structure or object that
with a measurable effect upon society took is part of or constitutes a property.
place;
(3) Which is closely identified with a person or Significance shall mean the importance of a property
group of persons who have had some measur- as defined by the standards for designation as a Fort
able influence on society; Collins landmark or landmark district. The determina-
tion of significance for the National or State Registers
(4) Wherein the broad cultural, political, economic of Historic Places shall be in accordance with the
or social heritage of the community is exempli- processes and procedures of the Colorado Historical
fied; Society.
Supp.No.67 938
LANDMARK PRESERVATION § 14-5
•
Site shall mean the location of a significant event, a (3) Stabilize or improve aesthetic and economic vi-
prehistoric or historic occupation or activity, or a tality and values of such sites, structures, objects
structure or object whether standing, ruined, or van- and districts;
ished, where the location itself maintains historical or
archeological value regardless of the value of any (4) Protect and enhance the city's attraction to tour-
existing structure. ists and visitors;
Structure shall mean that which is built or con- (5) Promote the use of outstanding historical or ar-
structed, an edifice or building of any kind or any chitectural sites, structures, objects and districts
piece of work artificially built up or composed of parts for the education, stimulation and welfare of the
joined together in some definite manner. people of the city;
Working day shall mean any day except Saturday, (6) Promote good urban design;
Sunday and any national, state or local holiday (or
day of observation) during which the Department of (7) Promote and encourage continued private own-
Advance Planning is not open for regular business. ership and utilization of such sites, structures,
(Code 1972, § 69-3; Ord. No. 78, 1988, § 4, 6-7-88; objects or districts now so owned and used, to
Ord. No. 130, 2002, § 12, 9-17-02; Ord. No. 186, the extent that the objectives listed above can be
2002, § 1, 1-7-03) attained under such a policy.
Cross reference—Definitions and rules of construction generally,§ (Code 1972, §69-2(B))
1-2.
Sec. 14-4. Staff.
Sec. 14-2. Declaration of policy.
The staff of the Commission shall consist of a secre-
(a) It is hereby declared as a matter of public policy tary and such other staff as may be authorized by the
• that the protection, enhancement and perpetuation of city. The secretary shall be the custodian of the
sites, structures, objects and districts of historical, records of the Commission, shall handle official corre-
architectural or geographic significance, located spondence and shall generally supervise the clerical
within the city, are a public necessity and are required and technical work of the Commission. The Director
in the interest of the prosperity, civic pride and general of Advance Planning shall act as secretary and staff
welfare of the people. liaison to the Commission.
(Code 1972, §69-5; Ord. No. 186, 2002,§3, 1-7-03)
(b) It is the opinion of the City Council that the Cross reference--Community Planning and Environmental Ser-
economic, cultural and aesthetic standing of this city vices,§2-521.
cannot be maintained or enhanced by disregarding the
historical, architectural and geographical heritage of Sec. 14-5. Standards for determining the eligibility
the city and by ignoring the destruction or defacement for designation of sites, structures,
of such cultural assets. objects and districts for preservation.
(Code 1972, § 69-2(A), (C); Ord. No. 186, 2002, § 2,
1-7-03) Properties that possess exterior integrity are eligible
for designation as Fort Collins Landmarks or Fort
Sec. 14-3. Purpose. Collins Landmark Districts if they meet one (1) or
more of the following standards for designation:
The purposes of this Section are to:
(1) The property is associated with events that have
(1) Designate, preserve, protect, enhance and per- made a significant contribution to the broad pat-
petuate those sites, structures, objects and dis- tems of history; or
tricts which reflect outstanding elements of the
city's cultural, artistic, social, economic, politi- (2) The property is associated with the lives of per-
cal, architectural, historic or other heritage; sons significant in history; or
(2) Foster civic pride in the beauty and accomplish-
ments of the past;
Supp.No.67 939
§14-5 FORT COLLINS CODE
(3) The property embodies the distinctive question of designation, hereinafter called a designa-
characteristics of a type, period, or method of tion hearing, at a specified time, date and place and
construction, or that represents the work of a directing that the notice of hearing be given as
master, or possesses high artistic values, or described in § 14-22. If the owner consents in writing
represents a significant and distinguishable to such designation, the Commission, upon the
entity whose components may lack individual affirmative vote of a majority of the members present,
distinction; or may adopt a resolution recommending to the City
Council the designation of the landmark or landmark
(4) The property has yielded, or may be likely to district without the necessity of notice and without the
yield, information important in prehistory or review by the Department of Advance Planning
history. required by § 14-23. All applications submitted in
(Code 1972,§69-6; Ord. No. 186, 2002, §4, 1-7-03) accordance with this Section shall include a descrip-
Cross reference—Buildings and building regulations,Ch.5. tion of the property proposed for designation and a
Secs. 14-6-14-20. Reserved. 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
ARTICLE II.DESIGNATION application. No motion or application for designation
PROCEDURE of a specific landmark or landmark district may be
made more than once during any twelve(12)consecu-
Sec. 14-21. Initiation of procedure. five months.
(Code 1972, §69-7(A); Ord. No. 78, 1988,§5, 6-7-88;
Whenever in the opinion of the Commission, upon Ord. No. 130, 2002, § 20, 9-17-02; Ord. No. 186,
its own motion or upon applica 'gn of any citizen of 2002, §5, 1-7-03)
or owner of property in the city, a site, structure,
object or district meets the criteria of a landmark or Sec. 14-22. Notice of hearing.
landmark district, the Commission shall contact the
owner or owners of such landmark or landmark Notice of designation hearing shall be given as fol-
district outlining the reasons and effects of designation lows:
as a landmark and,if possible, shall secure the owner's
consent to such designation. If the Commission is (1) Written notice of the time, date, place and sub-
unable to personally contact such owner, it shall be ject of the hearing shall be sent by registered or
sufficient to send a written request for the consent to certified mail not less than thirty (30) days prior
designation of such property by certified or registered to the hearing to all owners of record on the
mail, return receipt requested, addressed to the owner date of the resolution who own the real property
of the property as shown on the most recent records of being proposed for designation as a landmark or
the county Assessor at the address shown on such landmark district. Such notice shall be deemed
records. Following such contact, if an owner does not delivered upon the passage of five(5) days from
consent to such designation of the property within the deposit of the notice in the mail.
fifteen(15) days from the date of receipt of the request
for consent to designation, the Commission, upon the (2) Signs indicating that recommendation for land-
affirmative vote of at least five(5)of its members may mark designation is being considered by the
proceed by officially adopting a resolution stating that Commission shall be posted by the Commission
the preliminary investigation by the Commission indi- for a period of not less than fifteen (15) days
cates that the described property is eligible for designa- immediately preceding the hearing on all prop-
tion as a landmark or landmark district and the reason erty proposed for landmark designation and/or
the Commission feels that it should proceed without on the boundaries of all areas proposed for
the consent of the owner to such designation and landmark district designations. Such signs shall
scheduling a public hearing by the Commission on the be prominently displayed and easily readable
from abutting public ways.
Supp.No.67 940
LANDMARK PRESERVATION § 14-25
•
(3) A legal notice indicating the nature of the hear- object under consideration for landmark designation
ings, the property involved and the time, date or any site, structure or object within a district under
and place of the scheduled public hearing shall consideration for landmark district designation from
be published in a local newspaper of general cir- the date of the hearing of the Commission at which
culation one (I) time at least fifteen (15) days the Commission approves a motion directing staff to
prior to the hearing. investigate the benefits to the city of landmark desig-
nation until final disposition of the designation by the
(4) Written notice of the proposed landmark desig- City Council unless such alteration, construction,
nation, including the identification of the prop- relocation or demolition is authorized by resolution of
erty, the basis for commencing with the designa- the City Council as necessary for public health, wel-
tion procedure and the time, date and place of fare or safety. In no event shall the delay in issuance
the hearing, shall be given to the Director of of a building permit due to the provisions of this Sec-
Advance Planning not later than thirty (30)days tion be for more than one hundred eighty(180)days.
prior to the hearing. (Code 1972, §69-7(D); Ord. No. 78, 1988, § 8, 6-7-88;
(Code 1972, § 69-7(B); Ord. No. 78, 1988, § 6, 6-7-88; Ord. No. 130, 2002, § 12, 9-17-02; Ord. No. 186,
Ord. No. 130, 2002, § 20, 9-17-02; Ord. No. 186, 2002, §8, 1-7-03)
2002, §6, 1-7-03)
Sec. 14-23. Department of Advance Planning Sec. 14-25. Hearing.
review. (a) At least five (5) members of the Commission
shall conduct the hearing. If at least five (5) members
(a) The Department of Advance Planning shall are not present, the members present may adjourn the
review the proposed designation with respect to: meeting to another date within two (2) weeks. If at
(1) Its relationship to the zoning ordinance of the least five (5) members are not present at such
• city and the Comprehensive Plan of the city; adjourned meeting, the hearing shall be canceled and the designation procedure terminated. If any hearing
(2) The effect of the designation upon the surround- is continued, the time, date and place of the continua-
ing neighborhood; tion shall be established and announced to those
present when the current session is to be adjourned.
(3) Such other planning considerations as may be Such information shall be promptly forwarded, by
relevant. regular mail, to the owners of record as established
and addressed pursuant to § 14-22.
(b) The Department of Advance Planning may rec-
ommend approval, rejection or modification of the (b) Reasonable opportunity shall be provided for all
proposed designation and its recommendation shall interested parties to express their opinions regarding
contain a statement of the basis for the recommenda- the proposed designation or designations. However,
tion. The recommendation shall be delivered to the nothing contained herein shall be construed to prevent
Commission in written form at or prior to the hearing. the Commission from establishing reasonable rules to
(Code 1972, § 69-7(C); Ord. No. 78, 1988, § 7, 6-7-88; govern the proceedings of the hearings or from estab-
Ord. No. 130, 2002, § 20, 9-17-02; Ord. No. 186, lishing reasonable limits on the length of individual
2002, § 7, 1-7-03) presentations. The hearings shall be recorded and
Cross reference-Community Punning and Environmental Ser- minutes provided to each City Council member. Writ-
vices,§2-521. ten presentations, including the report of the Depart-
ment of Advance Planning, shall be included in the
Sec. 14-24. Interim control. record of the hearing.
No building permit shall be issued by the Depart- (Code 1972, § 69-7(E); Ord. No. 78, 1988, § 9, 6-7-88;
ment of Building and Zoning for alteration, construe- Ord. No. - 2002, § 20, 9-17-02; Ord. No. 186,
tion, relocation or demolition of a site, structure or 2002, §9, 17-07-03)
•
Supp.No. 67 941
§14-26 FORT COLLINS CODE
Sec. 14-26. Findings and recommendations of the Sec. 14-29. Recording with county Clerk.
Commission.
Within fifteen (15) days of the effective date of an
The Commission shall act officially on each pro- ordinance designating property as a landmark or
posed designation within thirty-five (35) days of the landmark district, the city shall record among the real
hearing. The Commission may approve, reject or estate records of the county Clerk and Recorder either:
modify any proposal, but no proposal may be
extended beyond the boundaries of the land described (1) A certified copy of the ordinance designating the
in the original resolution unless the initiation and specified property as a landmark or landmark
hearing procedure is repeated for the enlarged district;
boundaries. The Commission shall set forth in its
records the findings of fact which constitute the basis (2) A notice stating that the specified property has
for its decision. If the Commission fails to act within been designated as a landmark or landmark dis-
the thirty-Five-day period, the designation shall be trict and citing the ordinance and the effective
deemed to have been rejected and the designation date of the ordinance which made the designa-
procedure shall thereby be terminated. tion effective. The notice may also contain a
(Code 1972, § 69-7(F); Ord. No. 78, 1988, § 10, 6-7- brief summary of the effects of such designation
88; Ord. No. 186,2002,§ 10, 1-7-03) as set forth in this Chapter.
(Code 1972, §69-7(1))
Sec. 14-27. Transmittal to City Council.
Sec. 14-30. Final notification to owner.
(a) Within fifteen (15) days after reaching its deci-
sion, the Commission shall transmit to the City Coun- Within ten (10) days after the recording of the ordi-
cil its recommendation on the designation of a land- nance or the notice of designation of property as a
mark or landmark district, including the description of landmark or landmark district, the secretary of the
the property involved and the findings upon which the Commission shall send to the owner of each property
recommendation was based. so designated a letter outlining the reasons for such
designation and the obligations and restrictions cre-
(b) If more than one (1) property is involved in the ated by such designation. Such letter shall also contain
designation procedure, the Commission may approve a request that the owner or his or her successors or
in part and terminate in part. Each part shall then be assigns notify the secretary of the Commission prior
treated as a separate action. In no event may any to:
property be added to the area described in the initia-
tion resolution without instituting a new designation (1) Preparation of plans for the reconstruction or al-
procedure. teration of the exterior of improvements located
(Code 1972, § 69-7(G); Ord. No. 78, 1988, § 11, 6-7- on such property;
88; Ord.No. 186,2002,§ 11, 1-7-03) (2) Preparation of plans for the construction, altera-
Sec. 14-28. City Council action. tion, relocation or demolition of improvements
on such property.
Upon receipt of the recommendations transmitted (Code 1972, § 69-7(J); Ord. No. 78, 1988, § 13, 6-7-88;
by the Commission, the City Council may by ordi- Ord. No. 186, 2002, § 13, 1-7-03)
nance designate property as a landmark or landmark
district. Due consideration shall be given to the writ- Sec. 14-31. Amendment or rescission of designa-
ten view of owners of affected property, and in its dis- lion.
cretion the City Council may hold public hearings on A landmark and landmark district designation may
any proposed landmark or landmark district designa- be amended or rescinded in the same manner as the
tion. original designation was made.
(Code 1972, § 69-7(H); Ord. No. 78, 1988, § 12, 6-7- (Code 1972, §69-8)
88; Ord. No. 186, 2002, § 12, 1-7-03)
Secs. 14-32-14-45. Reserved.
Supp.No.67 942
LANDMARK PRESERVATION §14-47
•
ARTICLE M. CONSTRUCTION, approval of any proposed work. If, upon review
ALTERATIONS, DEMOLITIONS of the proposed work, the Commission deter-
AND RELOCATIONS mines that conceptual review is not necessary
given the absence of a significant impact on the
Sec. 14-46. Work requiting building permit, landmark or landmark district involved, it may
(a) Action on an application for a building permit, be waived by the Commission, and the Com-
mission may then proceed to consider the ro-
including any permit for the demolition of a structure P
or object, shall be deferred by the Director of Building Posed work on final review at the same meeting.
and Zoning except as provided in § 14-52 until the (2) Final review. If an application or parts thereof is
application is accompanied by a report of acceptability conceptually approved, it shall be finally re-
from the Commission for the proposed work when the viewed by the Commission at the same or a sub-
proposed work involves any of the following: sequent meeting of the Commission. During
final review, the Commission shall consider the
(1) Alteration or reconstruction of or addition to the application or parts thereof that have received
exterior of any improvement which constitutes conceptual approval and any changes made by
all or part of a landmark or landmark district; the applicant since conceptual review.
Code 1972, 69-9 A §§
Ord. No. 130, 2002, 11, 21,
(2) Demolition or relocation of any improvement or 9-17-02; Ord§No. 186,2002,§ 14, 1-7-03)
object which constitutes all or part of a land-
mark or landmark district; Sec. 14-47. Work not requiring building permit;
(3) Construction or erection of or addition to any application for approval.
improvement upon any land included in a
landmark district. (a) Except as otherwise provided herein, no land
surface within any real property designated as a land-
(b) In order to obtain a report of acceptability, the mark or landmark district shall be changed and no
applicant shall submit the application for a building improvements shall be erected, removed, restored,
permit, including sketches,plans and other documents demolished or altered including.alteration of color
as required by the Commission, to the Commission without prior written approval of the Commission. No
through the Director of Advance Planning. All such addition shall be made to any real property designated
applicants shall be reviewed by the Commission in as a landmark or landmark district in such a manner
two (2) phases to determine compliance with this or of such a character as to change the exterior
Chapter as follows: appearance or exterior characteristics which change
shall be visible from any public street, park or other
(1) Conceptual review. Conceptual review is an op- public place, without prior written approval of the
portunity for the applicant to discuss require- Commission.
ments, standards, design issues and policies that
apply to landmarks or sites, structures and (b) Any person desiring to remove, demolish or in
objects within a landmark district. Problems can any way change the exterior appearance or the exte-
be identified and solved prior to final review of rior characteristics of improvements on real property
the application. After review of the application designated as a landmark or in a landmark district or
by the Commission, the Director of Advance desiring to change the land surface of any such real
Planning shall furnish the applicant with written Property, shall submit to the Commission an applica-
comments regarding the conceptual review. tion for approval and a specific statement of the work
Conceptual approval of any proposed work may Proposed, together with such details as the Commis-
be limited to certain portions of the work as lion may require.
deemed appropriate by the Commission. Con- (Code 1972, § 69-9(B); Ord. No. 89, 1989, § 1, 6-20-
ceptual approval does not guarantee final 89; Ord. No. 186, 2002,§ 15, 1-7-03)
Supp.No.67 943
§14-48 FORT COLLINS CODE
Sec. 14-48. Approval of proposed work. Sec. 14-48.5.Work not detrimental to historic,
architectural or cultural material;
(a) If upon receipt of an application for a building administrative process.
permit pursuant to § 14-46, or upon receipt of an
application pursuant to§ 14-47, the Commission finds (a) Any work which would otherwise qualify for
that the proposed work is of a nature which will not consideration under the procedures established in
erode the authenticity or destroy any distinctive exte- § 14-46 or 14-47 of this Article may, at the option of
rior feature or characteristic of the improvements or the applicant, be considered administratively by the
site and is compatible with the distinctive characteris- Director of Advance Planning (the "Director"). The
tics of the landmark or landmark district and with the Director may only consider, under the authority of
spirit and purpose of this Chapter, the Commission this Section, applications for approval of color selec-
shall advise the applicant in writing by issuing a report tion from a historically authentic palette of colors,
of acceptability and shall affix its seal to the plans and awning re-coverings and changes to a landmark or a
specifications for the approved work. In the case of an site, structure or object located in a landmark district
application for a building permit, upon receipt of the that would not remove, cover, alter or destroy any
Commission's report of acceptability and approved significant historic, architectural or cultural material.
plans and specifications, the Director of Building and The Director may, under the authority of this Section,
Zoning shall proceed with the review of the applica- consider changes originally initiated by the applicant
tion for a building permit. No change which would as well as changes to plans previously approved by the
defeat the purpose of this Chapter shall be made in an Commission. Any application submitted to the Direc-
application for a building permit or the plans and for under the authority of this Section shall be in
specifications for the proposed work approved by the writing and shall contain a specific statement of the
Commission without resubmittal to the Commission work proposed, together with such details as the
and approval of such changes in the same manner as Director may require.
the original application.
(b) If, upon receipt of any such application, the
(b) In determining the decision to be made concern- Director finds that the proposed work will not
ing the issuance of a report of acceptability, the remove, cover, alter or destroy any significant historic,
Commission shall consider the following criteria: architectural or cultural material and is compatible
with the distinctive characteristics of the landmark or
(1) The effect of the proposed work upon the gen- landmark district and with the spirit and purpose of
eral historical and/or architectural character of this Chapter, and complies with all of the criteria for
the landmark or landmark district; review established in § 14-48, the Director shall advise
(2) The architectural style, arrangement, texture the applicant in writing, by issuing a report of accept-
and materials of existing and proposed ability, and shall affix his or her signature to the plans
improvements, and their relation to the sites, and specifications for the approved work. In the case
structures and objects the district; of an application for a building permit, the Director of
Building and Zoning shall proceed with the review of
(3) The effects of the proposed work in creating, the application only upon receipt of the Director of
changing or destroying the exterior characteris- Advance Planning's report of acceptability and
tics of the site, structure or object upon which approved plans and specifications. No change shall be
such work is to be done; made in any such application for a building permit or
in the plans and specifications for work approved by
(4) The effect of the proposed work upon the pro- the Director unless such changes are submitted to and
tection, enhancement, perpetuation and use of approved by the Director in the same manner as the
the landmark or landmark district; original application. The proposed work shall not be
commenced until the Director has issued a report of
(5) The extent to which the proposed work meets acceptability and a building permit (if applicable) has
the standards of the city and the United States been issued.
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)
Supp.No.67 944
LANDMARK PRESERVATION §14-49
•
(c) Decisions of the Director made under the (c) In deciding whether to issue a report of accept-
authority of this Section may be appealed to the ability, the Director of Advance Planning shall con-
Commission, provided that any such appeal shall be sider the following criteria:
set forth in writing and filed with the Director within
fourteen (14) days of the date of the decision of the (1) The effect of the proposed sign upon the general
Director. The Director shall schedule a date for hear- historical and/or architectural character of the
ing the appeal before the Commission as expeditiously landmark or landmark district.
as possible. The Director shall provide the appellant
written notice of the date, time and place of the hear- (2) The design and construction, arrangement, tex-
ing of the appeal, which notice shall be deposited in ture and materials of the proposed sign, its rela-
the U.S. Mail not less than five (5) days prior to the tion to the structure, site or object on which it
date of the hearing. will be attached, and its relation to other
(Ord. No. 160, 1996, 1-7-97; Ord. No. 130, 2002, improvements and signs within the district.
§§ 11,23, 9-17-02; Ord. No. 186,2002, § 17, 1-7-03)
Sec. 14-49. Si (3) The effect changing orodestr proposed sign in obscuring,
Signs. g g destroying the exterior characteris-
tics of the structure, site or object upon which it
(a) Any person desiring to remove, demolish, erect, will be attached.
restore or alter any sign, including alteration of color,
on any real property designated as a landmark or in a (4) The effect of the proposed sign upon the protec-
landmark district, shall submit to the Director of tion, enhancement, perpetuation and use of the
Advance Planning an application for approval and a landmark or landmark district.
specific statement of the work proposed, together with
such details as the Director may require. (5) The recommendations of the adopted Design
Guidelines for Historic Old Town Fort Coffins
• (b) If, upon receipt of any such application, the Di- for sign proposals within The Old Town His-
rector finds that the proposed work is of a nature toric District, and the design guidelines for local.
which will not erode the authenticity or destroy any landmarks outside The Old Town Historic Dis-
distinctive exterior feature or characteristic of the trict adopted by the Commission on June 4,
improvements and is compatible with the distinctive 1986.
characteristics of the landmark or landmark district
and with the spirit and purpose of this Chapter, the (d) Decisions of the Director of Advance Planning
Director shall advise the applicant in writing by issu- regarding the acceptability of applications for the
ing a report of acceptability and shall affix his or her erection, removal, restoration, demolition or altera-
signature to the plans and specifications for the tion of signs may be appealed to the Commission,
approved work. In the case of an application for a provided that any such appeal shall be set forth in
building permit, the Director of Building and Zoning Ming and filed with the Director within fourteen
shall proceed with the review of the application only (14) days of the date of the decision of the Director.
upon receipt of the Director of Advance Planning's The Director shall schedule a date for hearing the ap-
report of acceptability and approved plans and peal before the Commission as expeditiously as possi-
specifications. No change shall be made in any such ble. The Director shall provide the appellant written
application for a building permit or in the plans and notice of the date, time and place of the hearing of the
specifications for work approved by the Director of appeal, which notice shall be deposited in the U.S.
Advance Planning unless such changes are submitted Mail not less than five (5) days prior to the date of the
to and approved by the Director in the same manner hearing.
as the original application. (Ord. No. 89, 1989, § 2, 6-20-89; Ord. No. 130, 2002,
§§ 11, 21, 9-17-02; Ord.No. 186, 2002, § 18, 1-7-03)
•
Supp.No.67 945
§14-50 FORT COLLINS CODE
Sec. 14-50. Denial of building permit. Sec. 14-52. Remedying of dangerous conditions.
If the proposed work is not approved by the Com- In any case where the Director of Building and
mission, the Director of Building and Zoning shall Zoning, the Poudre Fire Authority or any other public
deny the application for the building permit and shall authority having the power, orders or directs the con-
advise the applicant. No reapplication shall be submit- struction, reconstruction, alteration, repair, relocation
ted pursuant to § 14-46 et seq., under the original or demolition of any landmark improvement for the
plans and specifications found unacceptable by the purpose of remedying conditions determined by that
Commission except upon a showing of changed cir- officer, department or authority to be imminently
cumstances sufficient to justify the reapplication. dangerous to life, health or property, nothing con-
(Code 1972, § 69-9(D); Ord. No. 89, 1989, § 2, 6-20- tained herein shall be construed as making it unlawful
89; Ord. No. 130, 2002, § 11, 9-17-02; Ord. No. 186, for any person to comply with such order. Any such
2002, § 19, 1-7-03) officer, department or authority shall take immediate
steps to notify the Commission of the proposed issu-
Sec. 14-51. Action of Commission on unacceptable ance of any such order or directive and may include in
proposed work. such order or directive any timely received require-
ments or recommendations of the Commission.
(a) If the proposed work is not acceptable, the (Code 1972, § 69-9(G); Ord. No. 89, 1989, § 2, 6-20-
Commission, acting with all due diligence, shall 89; Ord. No. 130, 2002, § 11, 9-17-02; Ord. No. 186,
explore with the applicant all means for substantially 2002, §21, 1-7-03)
preserving the landmark site, structure or object, or Cross reft n -Dangerous buildings,§5-46 et seq.
landmark district which would have been affected by
the required permit. These investigations may include, Sec. 14-53. Waiver of conditions.
by way of example and not of limitation:
Upon a showing of substantial hardship or to protect
(1) Feasibility of modif-rcation of the plans; against an arbitrary result, the Commission may
waive such conditions and requirements as are set
(2) Feasibility of any alternative private use of the forth in this Chapter provided that the spirit and pur-
site, structure or object which would substan- pose of the Chapter are not significantly eroded.
tially preserve the original character; (Code 1972, § 69-9(H); Ord. No. 89, 1989, § 2, 6-20-
(3) Possibility of public acquisition for a public pur-
89; Ord.No. 186,2002, §22, 1-7-03)
pose of the site, structure or object involved. Sec. 14-54. Appeal of decisions.
(b) If the Commission is unsuccessful in developing Decisions of the Commission regarding the accept-
either alternate plans or an appropriate public or pri- ability of applications for building permits under § 14-
vate use for such site, structure or object, which are 46 or applications for approval of work not requiring a
acceptable to the applicant, it shall notify the owner building permit under § 14-47, or appeals of applica-
and the Director of Building and Zoning in writing. tions regarding signs under § 14-49, shall be consid-
No work, erection, construction, reconstruction or ered final decisions within the meaning of § 2-46 et
alterations or demolitions of landmarks or sites, struc- seq.; and such decisions shall be subject to the right of
tures or objects in landmark districts shall be allowed appeal to the City Council as set forth in§2-46 et seq.
except upon approval of the Commission as provided (Code 1972, §69-9(I); Ord. No. 78, 1998, § 14, 6-7-88;
in this Chapter. Ord. No. 89, 1989, §§ 2, 3, 6-20-89; Ord. No. 186,
(Code 1972, § 69-9(E), (F); Ord. No. 89, 1989, § 2, 6- 2002, §23, 1-7-03)
20-89; Ord. No. 130, 2002, § 11, 9-17-02; Ord. No.
186, 2002, §20, 1-7-03)
Supp.No.67 946
LANDMARK PRESERVATION §I4-60
Sec. 14-55. Extension of time limits. Sec. 14-58. Notification of state or national desig-
Any time limit set forth in this Chapter may be ex- nation.
tended by mutual consent of the Commission and the The Director of Advance Planning shall promptly
applicant, or the Commission, the Department of notify the Commission of any known national or state
Advance Planning and the applicant, whichever is designations which occur within the city.
applicable. (Code 1972, § 69-12; Ord. No. 78, 1988, § 16, 6-7-88;
(Code 1972, § 69-10; Ord. No. 78, 1988, § 15, 6-7-88; Ord. No. 89, 1989, § 2, 6-20-89; Ord. No. 56, 1994, §
Ord. No. 89, 1989, § 2, 6-20-89; Ord. No. 130, 2002, 1, 4-19-94; Ord. No. 130, 2002, § 21, 9-17-02; Ord.
§20, 9-17-02; Ord. No. 186,2002,§24, 1-7-03) No. 186,2002, §27, 1-7-03)
Sec. 14-56. Normal maintenance and repair. Sec.14-59. Violations and penalties.
Nothing in this Chapter shall be construed to pro- Any person violating any provision of this Chapter
hibit the accomplishment of any work on any land- shall be subject to the penalty provided in § 1-15. In
mark or in any landmark district which will neither case any improvement is erected, constructed, recon-
change the exterior appearance nor the exterior char- structed, altered, added to or demolished in violation
acteristics of improvements, nor the character or of this Chapter, the city or any proper person may
appearance of the land itself and which is considered institute an appropriate action or proceeding to pre-
necessary as a part of normal maintenance and repair. vent such unlawful action. The imposition of any
(Code 1972, § 69-11; Ord. No. 89, 1989, § 2, 6-20-89; penalty hereunder shall not preclude the city or any
Ord. No. 186, 2002, §25, 1-7-03) proper person from instituting any proper action or
Sec. 14-57. Minimum maintenance requirements. proceeding to require compliance with the provisions
�1 of this Chapter and with administrative orders and
determinations made hereunder.
• (a) All sites, structures or objects, designated as (Code 1972, § 69-13; Ord. No. 69, 1989, § 2, 6-20-89;
landmarks and all sites, structures or objects located Ord. No. 56, 1994, § 1, 4-19-94; Ord, No. 186, 2002,
within a landmark district shall be maintained in such §28, 1-7-03)
fashion as to meet the requirements of the Uniform Cross referenre-Cienerat
Code for Building Conservation as adopted by the penalty,§ 1-15.
city. The owner of such sites, structures or objects Sec. 14-60. Severability.
shall also keep in good repair all structural elements
thereof which,if not so maintained,may cause or tend It is hereby declared to be the legislative intent that
to cause the exterior portions of such sites, structures the several provisions of this Chapter shall be sever-
or objects to deteriorate, decay or become damaged or able in accordance with the provisions set forth below:
otherwise to fall into a state of disrepair which would
have a detrimental effect upon the historic character of (1) If any provision of this Chapter is declared to be
such sites, structures or objects or the landmark dis- invalid by a decision of any court of competent
tricts, if any, in which they are situated. jurisdiction, it is hereby declared to be the leg-
islative intent that the effect of such decision
(b) The Commission may request that the Director shall be limited to that provision which is ex-
of Building and Zoning require correction of defects pressly stated in the decision to be invalid. Such
or repairs to any sites, structures or objects regulated decision shall not affect, impair or nullify this
by this Section. Chapter as a whole or any other part, but the
(Ord. No. 56, 1994, § 1, 4-19-94; Ord. No. 130, 2002, rest of this Chapter shall continue in full force
§ 11, 9-17-02; Ord. No. 186, 2002, §26, 1-7-03) and effect;
Supp.No.67 947
§14-60 FORT COLLINS CODE
(2) If the application of any provision of this Chap- Sec. 14-72. Procedures for review of applications
ter to any lot, structure or other improvement or for demolition or relocation.
a tract of land is declared to be invalid by a deci-
sion of any court of competent jurisdiction, it is (a) The owner of any structure governed by this
hereby declared to be the legislative intent that Article shall make application for city approval of the
the effect of such decision shall be limited to demolition or relocation of such Structure (or portion
that lot, structure or other improvement or tract thereof) on forms prescribed by the city. Said applica-
of land immediately involved in the contro- lion shall be filed with the Director of Advance Plan-
versy, action or proceeding in which the judg- ning within ten (10) days of the filing of such appli-
ment or decree of invalidity was rendered. Such cation, the Director of Advance Planning, and the
decision shall not affect, impair or nullify this chair of the Commission, (or a designated.member of
Chapter as a whole or the application of any the Commission appointed by the chair) shall deter-
provision to any other lot, structure or other mine the structure's current level of eligibility (indi-
improvement or tract of land. vidual, contributing to a district, or not eligible) for
(Code 1972, § 69-14; Ord. No. 89, 1989, § 2, 6-20-89; designation as a Fort Collins landmark, and shall
Ord. No. 56, 1994, § 1, 4-19-94; Ord. No. 186, 2002, determine whether demolition or relocation approval
§29, 1-7-03) should be granted by the Director or whether the
application should instead be referred to the Commis-
Secs. 14-61-14-70. Reserved. sion. Such approval shall be granted, subject to com-
pliance with all other applicable laws, under the fol-
ARTICLE IV.DEMOLITION OR RELOCATION lowing circumstances:
OF FIISTORIC STRUCTURES NOT (1) The structure (or portion thereof) sought to be
DESIGNATED AS FORT COLLINS demolished or relocated is, upon review, deter-
LANDMARKS OR LOCATED IN A FORT mined to be less than fifty(50)years of age;
COLLINS LANDMARK DISTRICT
(2) The Director of Advance Planning and chair of
Sec. 14-71. General. the Commission (or designee) agree that the
structure (or portion thereof), upon review, is
With the exception of any structure governed by §
203 of the Uniform Building Code or any structure not eligible for individual designation o a Fort
designated as a Fort Collins landmark or located in a Collins landmark, and the structure is not f Hidess-
Fort Collins landmark district, no structure(or portion Hated la the National iv State Registers of His-
thereof) fifty (50) years of age or older which meets toric Places, either individually or as a contrib-
one (1) or more of the criteria contained in § 14-5, uting element of a district;or
"Standards for Determining the Eligibility for Desig- (3) The proposed demolition or relocation of the
nation of Sites, Structures, Objects and Districts for structure(or portion thereof), in the judgment of
Preservation" of the Code may be demolished or relo- the Director of Advance Planning and the chair
cated nor shall any permit for such demolition or relo- of the Commission (or designee), would not be
cation be issued unless the owner of such structure has detrimental to the current level of eligibility of
complied with the provisions of§§ 14-71 and 14-72. the remaining structure, if any, adjacent proper-
(This Article shall not apply to interior demolition ties, the surrounding neighborhood and the
activities, or to demolition or relocation activities as National and/or State Register district in which
they affect the surface or subsurface of the ground, or the structure is located, if any.
any archeological impacts pertaining thereto.)
(Ord. No. 56, 1994, § 2, 4-19-94; Ord. No. 186, 2002, If none of the foregoing circumstances is determined
§31, 1-7-03) to exist, the Director of Advance Planning shall refer
the application to the Commission for consideration
pursuant to subparagraph(b)below.
Supp.No.67 948
LANDMARK PRESERVATION § 14-72
•
(b) If it is determined by the Director of Advance 3. The effect of the proposed work in cre-
Planning and/or chair of the Commission (or desig- ating, changing or destroying the exte-
nee), pursuant to paragraph (a) above, that a demoli- rior characteristics of the structure
tion or relocation permit should not be issued without upon which such work is to be done;
review by the Commission, then the Director of
Advance Planning shall schedule a public hearing on 4. The effect of the proposed work upon
the application before the Commission as expedi- the protection, enhancement, per-
tiously as possible following such determination, and petuation and use of the structure;
following receipt of such information, including
sketches, plans and other documents as required by 5. The extent to which the proposed
the Commission. All such applications shall be work meets the standards of the city
reviewed by the Commission in two (2) phases to and the United States Secretary of the
determine compliance with this Chapter as follows: Interior then in effect for the preserva-
tion, reconstruction, restoration or
(1) Preliminary hearing. The preliminary hearing is rehabilitation of historic resources.
an opportunity for the applicant to discuss
requirements, standards and policies that apply (2) If the Commission, at the preliminary hearing, is
to structures eligible for designation. Problems, unsuccessful in developing either alternate plans
including issues which could affect a resource's or an appropriate public or private use for such
significance and/or exterior integrity, can be structure which are acceptable to the applicant, it
identified and solved prior to the foal hearing of shall order the Director of Advance Planning to
the application. After review of the application schedule a final hearing within forty-five (45)
by the Commission, the Director of Advance days of the receipt of the following:
Planning shall furnish the applicant with written
comments regarding the preliminary hearing. a. A fee of two hundred fifty dollars ($250.)
• paid by the applicant to cover the costs of
a. At the preliminary hearing, the Commis- processing the request for demolition or
sion, acting with all due diligence, shall relocation at the final hearing before the
explore with the applicant all means for Commission.
substantially preserving the structure which b. Such information from the applicant as the
would be affected by the required permit. Director of Advance Planning believes is
These investigations may include, by way necessary for the full and complete consid-
of example and not of limitation: eration of the request, which information
shall include,but not be limited to:
I. Feasibility of modification of the plans;
1. A completed Colorado Cultural
2. Feasibility of any alternative public or Resource Survey Architectural Inven-
private use of the structure which tory Form for the property, which
would substantially preserve the origi- form shall be provided by the Director
nal character. of Advance Planning for completion
b. In determining the decision to be made by the applicant;
concerning the issuance of a report of 2. A report regarding the effect that the
acceptability, the Commission shall con- removal or demolition of the structure
sider the following criteria: (or portion thereof) will have on the
character of the site and the adjacent
I. The effect of the proposed work upon properties. The required components
the general historical and/or architec- of the report shall be established by the
tural character of the structure and City Manager, and shall, at a mini-
adjacent properties; mum, include all information, data,
maps, documents or other items rea-
m. The architectural style, design, construc- sonably necessary, desirable, or con-
. tion, arrangement, texture and materials venient to assist the Commission in
of existing and proposed structures; making its decision;
Supp.No.67 949
§14.72 FORT COLLINS CODE
3. A plan for the redevelopment of the (5) The Commission shall review the evidence pre-
property, which plan shall fast be sented at the hearing and shall approve the ap-
approved by all administrative and/or plication (with or without conditions). Altema-
quasi judicial decision-making officials tively, it may postpone consideration of the
and/or boards or commissions as are application, for a period not to exceed forty-five
necessary as a prerequisite to the pres- (45)days, for any of the following reasons:
entation of construction specifications
to the Director of Building and Zoning a. Additional information is needed for the
if applicable, and if not applicable, full and complete consideration of the
then as a prerequisite to the com- request by the Commission;or
mencement of construction (for pur-
p b. The request has generated substantial
poses of this requirement, allowing the
property to he vacant or fallow shall neighborhood concerns, and such post-
not constitute "redevelopment"). po ment could, r the judgment of the
Commission, contribute to resolving these
(3) Not less than thirty (30) days prior to the hear- concerns;or
ing of the Commission, the applicant shall:
C. The Commission has approved a motion
a. Cause a sign to be posted on or near the directing staff to investigate the benefits to
structure proposed for demolition or relo- the city of landmark or landmark district
cation,stating that the building or structure designation of the property in accordance
is being considered for such demolition or with Article II.
relocation. Said sign shall be at least four
(4) square feet in size, readable from a (6) In the event that the Commission has not made
point of public access and shall state that a final decision within sixty(60)days of the date
more information may be obtained from of the submittal of information required pursu-
the Director of Advance Planning. ant to Subsection (2)(b)2. hereof, in detail
b. Request that the city generate a list of acceptable to the Director of Advance Planning,
owners of record of all real property, then the Commission shall be deemed to have
neighborhood groups, and homeowners approved, without condition, the proposed
associations,within five hundred(500) feet demolition or relocation.
(exclusive of public rights-of-way, public (Ord. No. 56, 1994, § 2, 4-19-94; Ord. No. 130, 2002,
facilities,parks or public open space)of the §22, 9-17-02; Ord. No. 186,2002, §32, 1-7-03)
property lines of the parcel of land upon Sec. 14-73. Requirements and conditions for ap-
which the structure is situated, which list proval of demolition and relocation.
shall be prepared from the records of the
county Clerk and Recorder. (a) Upon approval of the application by the Direc-
(4) Written notice of the hearing shall be mailed by for of Advance Planning or the Commission, the
the Director of Advance Planning to all persons owner may obtain a demolition or relocation permit
d on the list generated under Subsection and may thereafter demolish or relocate the structure
named
(or portion thereof) in compliance with all applicable
above. Said mailing shall occur at least
laws, ordinances and regulations.
fourteen(14) days prior to the hearing date. The
applicant shall pay postage and handling costs (b) The Commission may, as a condition of its
of fifty cents ($.50)per notice. The fact that any approval of the demolition or relocation of a structure
notice required under this Subsection has not (or portion thereof), require the property owner to
been mailed or received shall not affect the provide the city with such additional information
validity of any hearing or determination by the which, in the opinion of the Commission,will help to
Commission. mitigate the loss to the city caused by the demolition
or relocation of the structure (or portion thereof).
These conditions may include:
Supp.No.67 950
LANDMARK PRESERVATION §1"3
(1) Comprehensive photographic documentation of program. No such loan shall exceed the sum of five
such structure,with prints and negatives; thousand dollars ($5,000.) unless the City Council, by
2 ordinance or resolution, authorizes a larger loan. All
( ) Comprehensive historical, developmental, loans shall be funded solely from those funds held by
social, and/or architectural documentation of the city for financial support of the program in the
the property and the neighborhood containing General Fund, and all loans shall be expressly
the property; and/or
contingent upon the availability of sufficient funds to
3 support the loan. Loan recipients shall, as a condition
O Any other mitigating solution agreed upon by of obtaining the loan, agree to repay the loan in full
the Commission, the applicant, and any other upon sale or transfer of the roe All loan
applicable parties. property.rte
repayments shall be returned to the landmark
(c) The Commission shall have the authority to rehabilitation loan program.
enter into an agreement with the owner of any struc- (Ord. No. 137, 2000, § 2, 10-17-00; Ord. No. 186,
ture (or portion thereof) proposed for demolition 2002, §35, 1-7-03)
whereby the city or certain designated third parties
may enter upon the property upon which such struc- Sec. 14-83. Criteria.
ture is situated, for the purpose of removing and tak- No landmark rehabilitation loan shall be awarded
ing possession and ownership of any particular arti- unless the following criteria and requirements have
facts and other items of historic interest or value,iden- been met:
tified in such agreement.
(Ord. 56, 1994, §2, 4-19-94; Ord. No. 130, 2002,§22, (1) The subject structure must have been designated
9-17-02; Ord. No. 186, 2002,§33, 1-7-03) as a Fort Collins landmark or be a contributing
structure in a Fort Collins landmark district pur-
Secs. 14-74-14-80. Reserved. suant to this Chapter before the landmark reha-
bilitation loan can be awarded.
ARTICLE V. LANDMARK REHABILITATION
LOAN PROGRAM (2) All loan recipients shall provide matching funds
in an amount equal to or greater than the
Sec. 14-81. Purpose. amount of the loan.
The City Council hereby establishes a landmark re- (3) The matching funds provided by the loan recipi-
habilitation loan program and finds that the program ent may be utilized only for exterior rehabilita-
promotes a valid public purpose of increasing the tion of the subject property and/or the stabiliza-
quality, integrity and permanence of the city's stock of lion of the structure, the rehabilitation of electri-
historic landmarks for the enjoyment and benefit of cal, heating or plumbing systems, and/or the
present and future generations of citizens of the city rehabilitation or installation of fire sprinkling
by making available to the owners of designated Fort systems in commercial structures. Neither the
Collins landmarks or contributing structures in desig- loan nor the matching funds shall be used for
nated Fort Collins landmark districts a source of the installation of nor rehabilitation of signage
funding for exterior rehabilitation of such structures. or interior rehabilitation or decoration, nor the
(Ord. No. 137, 2000, § 2, 10-17-00; Ord. No. 186, installation of building additions or the addition
2002, § 34, 1-7-03) of architectural or decorative elements which
are not part of the landmarked structure.
Sec. 14-82. Establishment;fending.
(4) Loan funds may be expended only for rehabili-
The City Manager shall administer the program for tation of the exterior of a designated Fort
awarding zero-interest loans for the rehabilitation of Collins landmark structure or contributing struc-
Fort Collins landmark structures and/or contributing ture in a Fort Collins landmark district. No
structures in Fort Collins landmark districts. The City interior improvements may be purchased util-
Manager may promulgate procedural Hiles and izing city loan funds.
regulations for the efficient administration of the
Supp.No.67 951
§14-83 FORT COLLINS CODE
(5) The standards and/or guidelines of the city and c. The amount proposed to be spent on exte-
the United States Secretary of the Interior for rior rehabilitation is reasonable under the
the preservation, reconstruction, restoration or circumstances.
rehabilitation of historic resources then in effect
shall serve as the standards by which all reha- (11)No landmark rehabilitation loan shall be
bilitation work must be performed. awarded unless the loan recipient has, as a con-
dition of obtaining the loan, agreed to repay the
(6) No loan funds shall be disbursed until after the loan in full upon sale or transfer of the property.
recipient has completed the work, the work has (Ord. No. 137, 2000, § 2, 10-17-00; Ord. No. 186,
been physically inspected by the city and has 2002,§§36-39, 1-7-03)
been approved by the City Manager and the
loan recipient has documented the cost of the Sec. 14-94. Application; awards.
work by submitting to the city copies of all bills,
invoices, work orders and/or such other docu- The City Manager shall establish the application
mentation showing, to the satisfaction of the deadline for each year that the program is adminis-
city, that the funds requested are reasonable and tered, which deadline shall be not sooner than sixty
are supported by actual proof of expense. (60) days from the date that it was established by the
City Manager. Applications received after the applica-
(7) Loan recipients shall, as a condition of the loan, tion deadline will not be considered. Notification of
prominently place a sign upon the property be- loan awards shall be made by mail on or before the
ing rehabilitated stating that such rehabilitation first day of March.
has been funded, in part, through the city's (Ord.No. 137,2000, §2, 10-17-00)
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 com-
pleted, 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 estab-
lished herein, the City Council) first determines
that:
a. The applicant has demonstrated an effort
to return the structure to its original ap-
pearance;
b. It is in the best interests of the public wel-
fare that the structure proposed to be reha-
bilitated be preserved for future genera-
tions;and
Supp.No.67 952 [The next page is 995]
Section 3.4.7 of the Land Use Code
Overview: Section 3.4.7 of the Land Use Code applies only to Type 1 and Type 2
development projects affecting resources that are designated on the National, State or
local registers, or are individually eligible for Landmark designation. Properties that are
individually eligible are those highly significant buildings and structures which retain a
high degree of integrity. The determination of eligibility may be made by a consensus of
the Advance Planning Director and Chair of the Landmark Preservation Commission, or
by the full Landmark Preservation Commission.
The Section is intended to protect designated or individually eligible properties on or
adjacent to the project site. The purpose is to ensure that 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 of the historic resource. New
construction should be designed to respect the historic character of the site and any
historic properties in the surrounding neighborhood.
The complete text follows:
3.4.7 Historic and Cultural Resources
• (A)Purpose. This Section is intended to ensure that (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 of the
historic resource; and (2) new construction is designed to respect the
historic character of the site and any historic properties in the surrounding
neighborhood. This Section is intended to protect designated or
individually eligible historic sites, structures or objects as well as sites,
structures or objects in designated historic districts, whether on or adjacent
to the project site.
(B) General Standard. If the project contains a site, structure or object that (1) is
determined to be individually eligible for local landmark designation or
for individual listing in the State 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 historic district or area, then the development plan and building
design shall provide for the preservation and adaptive use of the historic
resource. The development plan and building design shall protect and
enhance the historical and architectural value of any such historic
property, whether on or adjacent to the project site. New buildings must be
compatible with the historic character of any such historic resource,
• whether on the project site or adjacent thereto.
(C)Determination of Landmark Eligibility. The determination of 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 individually eligible for 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" 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. (Forms are available from the Community Planning and
Environmental Services Department.)
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 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 property or its environment.
(2) The rehabilitation of buildings and 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.
(E)New Construction.
(1) To the maximum extent feasible, the height, setback and/or width of new
buildings shall be similar to those of existing historic buildings on
any block face on which the new building 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 unless, in the
judgment of the decision maker, such historic buildings would not
be negatively impacted with respect to their historic exterior
integrity and significance by reason of the new building(s) 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 define the edge
of the site and maintain alignment. Taller buildings or portions of
buildings shall be located interior to the site. Buildings at the ends
of blocks shall be of a similar height to buildings in the adjoining
blocks.
(2) New buildings shall be designed to be in character with existing historic
structures, but not be an imitation of historic styles. Horizontal
elements, such as cornices, windows, moldings and sign bands,
shall be aligned with those of existing historic buildings to
strengthen the visual ties among buildings. Window patterns of
existing buildings (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
7M
NOT 7MS
(3) The dominant building material of existing historic buildings 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.
(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)
•
Schedule for Proposed Code Changes
Affecting the City's Historic Preservation Program
Sept 28 Council Study Session: LPC Duties and Functions; direction from
Council on Proposed Code Changes
Sept-Oct Draft Code Changes
November Hold Public Open House
Nov 17 LPC Public Hearing on Proposed Code Changes/Adoption of Resolution
Recommending Changes to Council
Nov 18 Planning and Zoning Board Recommendation
Dec 1&15 Code Changes— 1"and 2"d Reading of City Council
•
•