HomeMy WebLinkAbout034 - 03/05/2019 - AMENDING CHAPTER 14 OF THE CITY CODE REGARDING LANDMARK PRESERVATIONy
ORDINANCE NO. 034, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLE
AMENDING CHAPTER 14 OF THE CODE OF THE CITY OF
FORT COLLINS REGARDING LANDMARK PRESERVATION
WHEREAS,the protection,enhancement and perpetuation of sites, structures, objects and
districts of historic, architectural, archeological, or geographic significance, located within the
City,are a public necessity and are required in the interest of the prosperity,civic pride and general
welfare of the people; and
WHEREAS, City Code Chapter 14, Landmark Preservation, contains regulations adopted
to preserve, protect, and enhance the City's historic heritage;and
WHEREAS, City historic preservation staff has completed a two-year review to identify
changes to the City's historic preservation regulations that will promote greater clarity,
effectiveness, and predictability in the administration of historic preservation within the City; and
WHEREAS, as a result of the review, City staff is recommending changes to City Code
Chapter 14 to City Council; and
WHEREAS, on January 16, 2019, the Landmark Preservation Commission unanimously
recommended that City Council adopt the proposed changes to City Code Chapter 14;and
WHEREAS,the City Council has determined that the recommended changes to City Code
Chapter 14 are in the best interests of the City and its citizens.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:.
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Articles I through IV of Chapter 14 of the Code of the City of Fort
Collins are hereby repealed in their entirety and reenacted to read as follows:
ARTICLE I.
IN GENERAL
See. 14-1. Declaration of policy.
a) It is hereby declared as a matter of public policy that the protection, enhancement and
perpetuation of sites, structures, objects and districts of historic, architectural, archeological,
or geographic significance, located within the City, are a public necessity and are required in
the interest of the prosperity, civic pride and general welfare of the people.
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b) It is the opinion of the City Council that the economic, cultural and aesthetic standing of this
City cannot be maintained or enhanced by disregarding the historical, architectural,
archeological and geographical heritage of the City and by ignoring the destruction or
defacement of such cultural assets..
See, 14-2. Purpose.
The purposes of this Chapter are to:
a) Survey, identify, designate, preserve, protect, enhance and perpetuate those sites, structures,
objects and districts which reflect important elements of the City's cultural, artistic, social,
economic,political, architectural, archeological;or other heritage;
b) Foster civic pride in the beauty and accomplishments of the past;
c) Stabilize or improve aesthetic and economic vitality and values of such sites,structures,objects
and districts;
d) Protect and enhance the City's attraction to tourists and visitors;
e) Promote the use of important historical, archeological, or architectural sites, structures, objects
and districts for the education; stimulation and welfare of the people of the City;
f) Promote good urban design;
g) Promote and encourage continued private ownership and utilization of such sites, structures,
objects or districts now so owned and used; to the extent that the objectives listed above can
be attained under such a policy; and
h) Promote economic, social, and environmental sustainability through the ongoing survey and
inventory, use, maintenance, and rehabilitation of existing buildings.
Sea M3. Definitions.
The following words, terms and phrases, when used in this Chapter, shall have the meanings
ascribed to them in this Section:
Accessory building shall mean a building detached from a principal building and customarily
used with, and clearly incidental and subordinate to, the principal, and located on the same lot,
lots, or area of property upon which the principal building is located.
Accessory structure shall mean a structure detached from a principal building and customarily
used with,and clearly incidental and subordinate to,the principal building,and ordinarily located
on the same lot, lots, or area of property upon which the principal building is located.
Adverse effect shall mean that a project or undertaking may alter, directly or indirectly, any of the
characteristics that qualify a property for designation in a manner that would diminish the
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property's integrity. Adverse effects may include reasonably foreseeable effects caused by the
undertaking that may occur later in time, be removed in distance, or be cumulative.
Alteration shall mean any act or process, including relocation, reconstruction, restoration,
rehabilitation,or the erection of a new improvement,which changes one(1)or more of the physical
characteristics of a historic resource. The term alteration shall include the partial or complete
demolition of a historic resource.
CDNS shall mean the Community Development and Neighborhoods Services Department, or the
successor department in which City Historic Preservation staff operate.
Characteristics shall mean the visible and tangible attributes of a site, structure, object or district,
including, but not limited to, the architectural design, style,general arrangement and components
of all the outer surfaces of a site, object, structure or improvement, including, but not limited to,.
the color, texture, materials, type and style of all windows, doors, lights, signs and other fixtures
appurtenant to said site, object, structure or improvement.
Commission shall mean the Landmark Preservation Commission created in § 2-276.
Contributing shall mean a site, structure or object eligible for designation, or formally designated,
that has significance and that retains enough integrity to contribute to the character of a district
even though its exterior may have been altered.
Demolition shall mean any act or process that destroys partially or in its entirety an eligible or
designated site, structure or object, or a site, structure or object within an eligible or designated
district.
Designated resource shall mean (1) designated Fort Collins landmarks; (2) sites, structures, or
objects designated on the Colorado State Register of Historic Places or the National Register of
Historic Places; or (3) contributing resources to a designated Fort Collins or Colorado State or
National historic district.
Determination of eligibility shall mean a determination pursuant to this .Chapter that a site,
structure, object or district meets the standards for designation as a Fort Collins landmark or
landmark district.The determination of eligibility for the National and/or State Register of Historic
Places shall be according to the processes and procedures of the Colorado State Historic
Preservation Office.
Director shall mean the Director of Community Development and Neighborhood Services or his
or her designee..
District shall mean a geographically definable area possessing a concentration, linkage or
continuity of sites, structures or objects and their surrounding environs united by past events or
aesthetically by plan or physical development. A district may also comprise individual elements
separated geographically but linked by association or history-
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Dwelling shall mean a building used exclusively for residential occupancy and for permitted
accessory uses.
Dwelling, single-family shall mean a dwelling containing no more than one (1) dwelling unit.
Dwelling, single-family detached shall mean a single-family dwelling that is not attached to any
other dwelling or building by any means, including mobile homes and manufactured housing
situated on a permanent foundation.
Dwelling unit shall mean one(1)or more rooms and a single kitchen and at least one(1)bathroom,
designed, occupied or intended for occupancy as separate quarters for the exclusive use of asingle
family for living, cooking, and sanitary purposes.
Eligibility shall mean a resource's ability to meet one (1) or more of the criteria for significance as
a Fort Collins landmark, or the criteria for significance on the National Register of Historic Places
and/or State Register of Historic Properties, and that possesses exterior integrity.
Historic resource shall mean a site, structure, or object that is located on a lot, lots, or area of
property and is (1) designated as a Fort Collins landmark; (2) a contributing resource to a
designated Fort Collins landmark district; (3) designated on the State Register of Historic
Properties or National Register of Historic Places; or (4) has been determined to be eligible for
designation as a Fort Collins landmark.
Improvement shall mean any building, structure, place; work of art or other object constituting a
physical betterment of real property or any part of such betterment, including improvements on
public property.
Landmark shall mean any site, structure, object or improvement and its surrounding environs
officially designated as a Fort Collins landmark pursuant to the provisions of this Chapter.
Landmark district shall mean a district that has been officially designated as a Fort Collins
landmark district pursuant to the provisions of this Chapter.
Non-contributing/not eligible shall mean a site, structure or object that does not possess'suffrcient
significance and/or integrity for designation, and is considered non-contributing to a district, or
not eligible to be designated as a landmark.
Object shall mean a material thing of functional,aesthetic, cultural, historical or scientific value
that maybe,by nature or design, movable.
Owner shall mean the owner of fee simple title as shown in the records of the County Assessor.
Repair and maintenance shall mean work done on a site, structure or object in order to correct any
deterioration,decay or damage to any part thereof in order to restore the same as nearly as practical
to its condition prior to such deterioration, decay or damage.
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Resource shall mean any site, structure or object that is part of or constitutes a property.
Site shall mean the location of a.significant event, a prehistoric or historic occupation or activity
or a structure or object whether standing; ruined or vanished, where the location itself maintains
historical or archeological value regardless of the value of any existing structure.
Staff shall mean City Historic Preservation Division staff members meeting the professional
requirements contained in Title 36, Part 61 of the Code of Federal Regulations.
Structure shall mean that which is built or constructed, an edifice or building of any kind or any
piece of work artificially built up or composed of parts joined together in some definite manner.
See.. 14-4. Commission Secretary and Liaison.
The Director, or his or her designee; shall act as secretary and liaison to the Commission. The
secretary shall be the custodian of the records of the Commission, shall handle official
correspondence and shall generally supervise the clerical and technical work of the Commission.
Sec. 14-5. Waiver of conditions.
a) Upon a showing of substantial hardship or to protect against an arbitrary result, and following
notice as provided in § 14-34 of this Chapter, the Commission may waive such conditions and
requirements as are set forth in this Chapter provided the Commission finds that the spirit and
purpose of the Chapter are not substantially eroded and that the requested waiver meets one
1) or both of the following criteria:
1) The requested waiver is the minimum necessary to accommodate exceptional physical
conditions or other extraordinary and exceptional situations unique to the affected property,
which may include, but are not limited to, physical conditions such as exceptional
narrowness,shallowness or topography, and such difficulties or hardship are not caused by
the act or omission of the applicant; and/or
2) The requested waiver as sub"mitted will not diverge from the conditions and requirements
of this Chapter except in nominal and inconsequential ways, and will continue to advance
the purposes of this Chapter.
b) Any finding made under Paragraph (a)(1) or (a)(2) above shall be supported by specific
findings showing how the proposal, as submitted, meets the requirements and criteria of said
Paragraph (a)(1) or (a)(2).
See. 14-6. Offenses against historic resources and potentially eligible resources.
a) Except as may be authorized pursuant to this Chapter or the provisions of the Land Use Code,
no person shall damage, deface, destroy, or otherwise cause any alteration to be made to any
site, structure or object that is: (1) Fifty (50) years of age or older that is not a single-family
detached dwelling; (2) An accessory building or structure fifty (50) years of age or older that
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is not directly associated with a single-family detached dwelling; (3) A historic resource; or
4) Undergoing any of the processes provided for in this Chapter.
b) Except in response to a bona fide determination of imminent danger under § 14-8 of this
Article, no person shall deviate from or fail to comply with any approved plan of protection
for any historic resource that is required under this Chapter or the Land Use Code.
Sec. 14-7. Minimum maintenance requirements for designated resources.
a) All designated resources shall be maintained in such fashion as to meet the requirements of the
International Property Maintenance Code or the International Existing Building Code, as
adopted and amended by the City. The owner of such designated resource(s) shall also keep in
good repair all structural elements thereof which, if not so maintained, may cause or tend to
cause the exterior portions of such designated resources to deteriorate, decay or become
damaged or otherwise to fall into a state of disrepair which would have an adverse effect upon
such designated resources.
b) The Commission may request that the Director require correction of defects or repairs to any
designated resource(s) regulated by this Section.
Sec. 14-8. Remedying of dangerous conditions.
In any case where a properly authorized public official or employee orders the demolition of any
historic resource for the purpose of remedying conditions determined by that official or employee
to constitute an imminent danger, as such term is defined in the version of the International
Property Maintenance Code adopted and amended by the City, to life;health or property, nothing
contained herein shall be construed as making it unlawful for any person to comply with such
order. Such official or employee shall take immediate steps to notify the Commission of the
proposed issuance of such order and may include in the order any timely received requirements or
recommendations of the Commission or staff. In the event that such official or employee has
determined that the historic resource;with the exception of single-family detached dwellings, and
accessory buildings or structures associated with single-family detached dwellings, that are non-
designated, is capable of being made safe by repairs and need not be demolished, the historic
resource shall be repaired, or demolished, in accordance with the provisions of this Article.
Sec. 14-9. Appeal of decisions.
Final decisions of the Commission shall be subject to the right of appeal to the City Council as set
forth in § 2-46 et seq., unless otherwise provided. Any action taken in reliance upon any decision
of the Commission that is subject to appeal under the provisions of this Chapter shall beat the sole
risk of-the person(s) taking such action, and the City shall not be liable for any damages arising
from any such action taken during said period of time.
Sec. 14-10. Violations and penalties.
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Any person violating any provision of this Chapter shall be subject to the penalty provisions in §
1-15 of this Code. If any improvement is erected, constructed, reconstructed, altered, added to or
demolished, or any land surface changed, in violation of this Chapter, the City may institute an
appropriate action or proceeding to prevent or address such unlawful action. The imposition of any
penalty hereunder shall not preclude the City from instituting any proper action or proceeding to
require cornpliance with the provisions of this Chapter and with administrative orders and
determinations made hereunder.
Sec. 14-11. Severability.
It is hereby declared to be the legislative intent of the City Council that the provisions of this
Chapter shall be severable in accordance with the provisions set forth below:
a) If any provision of this Chapter is declared to be invalid by a decision of any court of competent
jurisdiction, the effect of such judicial decision shall be limited to that provision which is
expressly stated in the decision to be invalid. Such decision shall not affect, impair or nullify
this Chapter as a whole or any other part, and the rest of this Chapter shall continue in full
force and effect.
b) If the application of any provision of this Chapter to any lot, resource,historic or otherwise, or
other improvement or tract of land is declared to be invalid by a decision of any court of
competent jurisdiction,the effect of such judicial decision shall be limited to that lot,resource,
historic or otherwise, or other improvement or tract of land immediately involved in the
controversy, action or proceeding in which the judgment or decree of invalidity was rendered.
Such decision shall not affect, impair or nullify this Chapter as a whole or the application of
any provision to any other lot, structure or other improvement or tract of land.
ARTICLE II.
DESIGNATION PROCEDURE
See. 14-21. Purpose.
The standards and procedures in this Article apply in whole or in part to determine the eligibility
of resources for designation as landmarks or landmark districts for (1) landmark or landmark
district designation pursuant to Article III, (2) the analysis of proposed development pursuant to
Land Use Code § 3.4.7, and (3)property owner information.
Sec. 14-22. Standards for determining the eligibility of sites, structures, objects and
districts for designation as landmarks or landmark districts.
A determination of eligibility for landmark designation typically applies to the entire lot, lots, or
area of property upon which the landmark is located and may include structures, objects, or
landscape features not eligible for landmark designation.located on such lot, lots, or area of
property. In order for a district to be eligible for landmark district designation, at least fifty(50)
percent of the properties contained within the proposed landmark district must qualify as
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contributing to the district. Resources eligible for landmark designation or eligible to contribute to
a landntark district must possess both significance and integrity as follows:
a) Significance is the importance of a site, structure, object, or district to the history, architecture,
archeology,engineering or culture of our community,State or Nation. Significance is achieved
through meeting one (1) or more of four (4) standards recognized by the U.S. Department of
Interior, National Park Service. These standards define how resources are significant for their
association with events or persons, in design or construction, or for their information potential.
The criteria for determining significance are as follows;
1) Events. Resources may be determined to be significant if they are associated with events
that have made a recognizable contribution to the broad patterns of the history of the
community, State or Nation. A resource can be associated with either, or both, of two (2)
types of events.:
a. A specific event marking an important moment in Fort Collins prehistory or history;
and/or
b. A pattern of events or a historic trend that made a recognizable contribution to the
development of the community, State or Nation.
2) Persons/Groups. Resources may be determined to be significant if they are associated with
the lives of persons or groups of persons recognizable in the history of the community,
State or Nation whose specific contributions to that history can be identified and
documented.
3) Design/Construction. Resources may be determined to be significant if they embody the
identifiable characteristics of a type, period or method of construction;represent the work
of a craftsman or architect whose work is distinguishable from others by its characteristic
style and quality; possess high artistic values or design concepts; or are part of a
recognizable and distinguishable group of resources. This standard applies to such
disciplines as formal and vernacular architecture, landscape architecture, engineering and
artwork, by either an individual or a group. A resource can be significant not only for the
way it was originally constructed or crafted, but also for the way it was adapted at a later
period, or for the way it illustrates changing tastes, attitudes, and/or uses over a period of
time. Examples are residential buildings which represent the socioeconomic classes within
a community, but which frequently are vernacular in nature and do not have high artistic
Values.
4) Information potential, Resources may be determined to be significant if they have yielded,
or may be likely to yield,information important in prehistory or history.
b) Integrity is the ability of a site, structure,object,or district to be able to convey its significance.
The integrity of a resource is based on the degree to which it retains all or some of seven (7)
aspects or qualities established by the U.S. Department of Interior, National Park Service:
location, design, setting, materials, workmanship, feeling and association. All seven (7)
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qualities do not need to be present for a site, structure, object, or district to be eligible as long
as the overall sense of past time and place is evident. The criteria for determining integrity are
as follows:
1) Location is the place where the resource was constructed or the place where the historic or
prehistoric event occurred.
2) Design is the combination of elements that create the form, plan space, structure and style
of a resource.
3) Setting is the physical environment of a resource. Whereas location refers to the specific
place where a resource was built or an event occurred, setting refers to the character of the
place in which the resource played its historic or prehistoric role. It involves how, not just
where, the resource is situated and its relationship to the surrounding features and open
space.
4) Materials are the physical elements that form a resource.
5) Workmanship is the physical evidence of the crafts of a particular culture or people during
any given period in history or prehistory. It is the evidence of artisans' labor and skill in
constructing or altering a building,.structure or site.
6) Feeling is a resource's expression of the aesthetic or historic sense of a particular period of
time. It results from the presence of physical features that; taken together, convey the
resource's historic or prehistoric character.
7) Association is the direct link between an important event or person and a historic or
prehistoric resource. A resource retains association if it is the place where the event or
activity occurred and is sufficiently intact to convey that relationship to an observer. Like
feeling, association requires the presence of physical features that convey a resource's
historic or prehistoric character.
Sec. 14-23; Process for determining the eligibility of sites,structures,objects and districts
for designation as Fort Collins landmarks or landmark districts.
a) Application. An application for determining the eligibility of a resource or district for
designation as a Fort Collins landmark or Fort Collins landmark district may be made by the
owner(s) of the resource(s). A non-binding eligibility determination may be made by a
development review applicant pursuant to Land Use Code§ 3.4.7(C)(2). Said application shall
be filed with the Director. Staff may require a current intensive-level Colorado Cultural
Resource Survey Form for each resource contained in an application. The applicant shall
reimburse the City for the cost of having such a survey generated by a third-party expert
selected by the City. Within fifteen (15) days of the filing of such application, and receipt of
the intensive-level survey if required,staff shall determine whether the property or properties
containing or comprising the site, structure, object or district is eligible for designation as a
Fort Collins landmark or landmark district based on the information contained in the
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application and any additional information that may be provided by others. A determination
of eligibility shall be valid for five(5) years unless(1)the Director determines that significantly
changed circumstances require a reevaluation of the prior eligibility determination, or (2) the
site, structure, object or district is undergoing designation proceedings pursuant to.Article 3 of
this Chapter in which case, new determinations of eligibility shall occur pursuant to such
Article. Staff shall promptly publish the determination in.a newspaper of general circulation in
the City and cause a sign to be posted on or near the property containing the resource under
review stating that the property is undergoing historic review. Said sign shall be readable from
a point of public access and shall state that more information may be obtained from staff:.
b) Appeal of determination. Any determination made by staff regarding eligibility may be
appealed to the Commission by the applicant,any resident of the City, or owner of property in
the City. Such appeal shall be set forth in writing and filed with the Director within fourteen
14) days of the date of the staffs determination. The appeal shall include an intensive-level
Colorado Cultural Resource Survey Form for each resource that is subject to appeal, prepared
by an expert in historic preservation acceptable to the Director and the appellant, with the
completion cost of such intensive-level survey to be paid by the appellant. Such survey need
not be filed with the appeal but must be filed at least fourteen (14) days prior to the heating of
the appeal. The Director shall schedule a date for hearing the appeal before the Commission as
expeditiously as possible. Not less than fourteen (14) days prior to the date of the hearing, the
Director shall: (1) Provide the appellant and any owner of any resource at issue with written
notice of the date, time and place of the hearing of the appeal by first class mail; (2) Publish
notice of the hearing in a newspaper of general circulation in the City; and (3) Cause a sign
readable from a public point of access to be posted on or near the property containing the
resource under review stating how additional information may be obtained.
ARTICLE III:.
LANDMARK DESIGNATION PROCEDURE
Sec. 14-31. Initiation of designation procedure.
a) The Fort Collins landmark or Fort Collins landmark district designation process may be
initiated at the written request of any Councilmember, by motion of the Commission, upon
application of the owner(s) of the resource(s) to be designated, or of any three (3) or more
residents of the City. Any Council or Commission member who initiated the designation
process shall not be required to refrain from making any determination pursuant to this Article
solely because such member initiated the process.
1) All applications for designation submitted by the owner(s) or City residents shall include:
1) A comprehensive architectural or archeological description of each resource Proposed
for designation or as contributing to a proposed district; (2) A detailed statement of how
each resource or district meets the criteria for eligibility for designation in § 14-2 2; and(3)
An explanation why the boundaries of each resource or district proposed for designation
should be determined as described in the application. Staff shall reject incomplete
applications and provide a description of the information necessary to complete such
application and any such rejection is not subject to appeal. Upon receipt of a complete
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application, staff may require a current intensive-level Colorado Cultural Resource Survey
Form. The applicant shall reimburse the City for the cost of having such a survey generated
by a third-party expert selected by the City.
a. Staff shall review applications for Fort Collins landmark designation to determine
whether the listed resource(s) satisfies the eligibility criteria contained in § 14-22. If
any resource(s) listed in the application satisfies such criteria, staff shall forward the
application to the Commission for its review pursuant to § 14-33. Such Commission
review shall be limited to the resource(s) staff determined as having satisfied the
eligibility criteria. A landmark designation typically applies to the entire lot, lots, or
area of property upon which the landmark is located and may include structures;
objects, or landscape features not eligible for landmark designation located on such lot,
lots, or area of property.
b. Staff shall review applications for Fort Collins landmark district designation to
determine whether at least fifty (50) Percent of the properties contained within the
proposed district qualifyas:contributing to the district pursuant to the eligibility criteria
contained in§ 14-22. If staff determines that fifty(50)percent or more of the properties
are contributing, staff shall forward the application to the Commission for its review
Pursuant to § 14-33.
c. If staff determines that any resource listed in an application does not satisfy the
eligibility criteria contained in § 14-22, or less than fifty (50) percent of the properties
in a proposed district are contributing, staff shall deny the portion of the application
relating to such resource(s),or the entire application in the case of a district, and inform
the applicant(s) and any owner of any resource(s) at issue in writing of the denial via
first class mail. Notwithstanding,a landmark designation typically applies to the entire
lot, lots, or area of property upon which the landmark is located and may include
structures, objects, or landscape features not eligible for landmark designation located
on such lot, lots,or area of property. Any denial may be appealed to the Commission
by the applicant(s) by submitting in writing to the Director a request for Commission
review of the staff decision within fourteen (14)days of the date the written notification
of the denial was mailed. Such appeal shall only review whether staff correctly
determined the eligibility of the resource(s) or district for landmark designation. The
appeal shall include an intensive-level Colorado Cultural Resource Survey Form,
prepared by an expert in historic preservation acceptable to the Director and the
appellant, with the completion cost of such survey to be paid by the appellant. Such
survey need not be filed with the appeal but must be filed at least fourteen (14) days
prior to the hearing of the appeal. Upon receiving a timely appeal request, the Director
shall schedule a Commission hearing date for the appeal. Not less than fourteen (14)
days prior to the date of the hearing, the Director shall: (1) Provide the appellant and
any owner of any resource at issue with written notice of the date, time and place of the
hearing of the appeal by first class mail;(2)Publish notice of the hearing in a newspaper
of general circulation in the City; and (3) Cause a sign readable from a public point of
access to be posted on or near the property containing the resource under review stating
how additional information may be obtained.
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2) For designation processes initiated by any Councilmember or by motion of the
Commission, staff shall prepare an application conforming to the requirements in above
Subsection (a)(1).
a. If the application is for Fort Collins landmark designation,staff shall determine whether
the listed resource(s) satisfies the eligibility criteria contained in § 14-22. If any
resource(s) listed in the application satisfies such criteria, staff shall forward the
application to the Commission for its review pursuant to § 14-33. Such Commission
review shall be limited to the resource(s) staff determined as having satisfied the
eligibility criteria.
b. If the application is for Fort Collins landmark district designation, staff shall determine
whether at least fifty (50) percent of the properties contained within the proposed
district qualify as contributing to the district pursuant to the eligibility criteria contained
in § 14-22. If staff determines that fifty (50) percent or more of the properties are
contributing, staff shall forward the application to the Commission for its review
pursuant to § 14-33.
c. If staff determines that any resource listed in the initiation request does not meet the
eligibility criteria contained in § 14-22, or less than fifty (50) percent of the properties
in a proposed district are contributing, staff shall deny the portion of the application
relating to such resource(s),or the entire application in the case of a district,and inform
the applicant(s) and any owner of the resource(s) at issue in writing of the denial via
first class mail. Notwithstanding,a landmark designation typically applies to the entire
lot, lots, or area of property upon which the landmark is located and may include
structures, objects, or landscape features not eligible for landmark designation located
on such lot, lots, or area of property. Any denial may be appealed to the Commission
by the Councilmember who initiated the designation or by any Commission member
who voted in favor of initiating designation by submitting in writing to the Director a
request for Commission review of the staff decision within fourteen (14) days of the
date the written notification of the denial was mailed. Such appeal shall only review
whether staff correctly determined the eligibility of the resource(s) or district for
landmark designation. Staff shall obtain an intensive-level Colorado Cultural Resource
Survey Form, prepared by an expert in historic preservation and provide such survey
to the Commission for its consideration at the appeal hearing. Upon receiving a timely
appeal, the Director shall schedule a Commission hearing date. Not less than fourteen
14) days prior to the date of the hearing, the Director shall: (1) Provide the appellant
and any owner of any resource at issue with written notice of the date, time and place
of the hearing of the appeal by first class mail; (2) Publish notice of the hearing in a
newspaper of general circulation in the City; and (3) Cause a sign readable from a
public point of access to be posted on or near the property containing the resource under
review stating how additional information may be obtained.
b) If the owner(s) is not initiating the designation, the Director shall contact the owner(s) of the
proposed landmark or landmark district outlining the reasons and effects of designation as a
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landmark and,if possible,shall secure the owner or owners' consent to such designation. If the
Director is unable to personally contact such owner(s), it shall be sufficient to send a written
request for the consent to designation of the resource(s) by first class mail addressed to the
owner(s) as shown on the most recent records of the County Assessor at the address shown on
such records. Such written request for consent shall be deemed as having been received for
purposes of§ 14-33(b)upon the passage of five(5) days from the date of mailing of the request
for consent.
Sec. 14-32. Interim control of permit issuance.
CDNS shall not issue any permit for the alteration or demolition of any resource(s) on a property
or properties under consideration for designation as a Fort Collins landmark or Fort Collins
landmark district from the date of the receipt of an application, a Councilmember written request,
or a Commission motion initiating designation, all pursuant to § 14-31, until staff rejection of an
application as incomplete pursuant to § 14-31 if the rejected application is notresubmitted with all
staff identified deficiencies corrected within fourteen (14) days of the rejection, staff denial of an
application in its entirety pursuant to § 14-31, Commission termination of the designation process
pursuant to § 14-32, or final disposition of the designation by the City Council, unless such
alteration or demolition is authorized by written resolution of the Commission as not causing an
adverse effect on the eligibility of the resource(s) for designation, or by written resolution of the
City Council as necessary for public health, welfare or safety. Furthermore, CDNS shall not issue
any permit during the period in which a staff denial pursuant to § 14-31, or a Commission
authorization pursuant to this Section that no adverse effect will occur, may be appealed and until
a final decision on the appeal is rendered should a notice of appeal be filed. This stay on the
issuance of permits shall include any period for filing a notice of appeal to City Council from a
Commission decision on an appeal of a staff determination or until City Council has made a final
decision in such an appeal should a notice of appeal be filed. This Section shall not be construed
as waiving any other applicable requirements for the issuance of a permit under the Fort Collins
Municipal or Land Use Code. No delay on the issuance of permits pursuant to this Section shall
exceed one-hundred eighty (180) days unless the Director determines that the City has followed
the designation process set forth in this Article without unnecessary delay and more time is needed
to complete the designation process..
Sec. 14-33. Commission designation review.
a) If all owners of the resource(s) or properties to be designated consent in writing to such
designation, the Commission may adopt a written resolution after holding a hearing
recommending to the City Council the designation of the landmark or landmark district without
the necessity of the notice pursuant to § 14-34 or Commission hearings described in below
Subsections(b) and (c).
1) Written notice of the date, place, and time of the hearing shall be mailed first class to the
owners of the resource(s) at least seven (7) days prior to such hearing.
2) At the hearing, the Commission shall determine whether the following two (2) criteria are
satisfied: (1) the proposed resource(s) is eligible for designation or that fifty (50) percent
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or more of the properties within a proposed landmark district are contributing pursuant to
14-2-2, and (2) the requested designation will advance the policies stated in § 14-1 and
the purposes stated in § 14-2 in a manner and extent sufficient to justify the requested
designation. If the Commission determines that both of the aforementioned criteria have
been satisfied, it shall adopt a written resolution recommending to the City Council the
designation of the landmark or landmark district and City Council shall review the
proposed designation pursuant to § 14-35. If a.portion of the proposed resources in a
landmark designation application are determined to be eligible, the Commission shall only
forward a recommendation regarding the eligible resource(s) and City Council shall only
review such resource(s).
3) If the Commission determines that the proposed resource(s)does not satisfy either,or both,
of the two (2) criteria in above Subsection (2), the Commission shall adopt a written
resolution detailing why the proposed resource(s) or properties are not eligible for
designation and the designation process shall he terminated. Such termination is
considered a final decision.
b) If all owners of the resource(s) to be designated do not consent to designation within ten (10)
days from the date of receipt of the request for consent to designation, the Commission shall
hold a hearing at a specified time, date and place, following the giving of notice as described
in § 14-34 below. The ten (10) day period may be waived with the agreement of all non-
consenting owners of the resource(s).
1) The purpose of said hearing shall be to determine whether pursuant to § 14-22, the
resource(s) is eligible for landmark designation or, for a landmark district application,
whether fifty (50) percent or more of the properties are contributing. CDN.S shall provide
all information related to any application to demolish or-alter the resource(s) or properties
that are the subject of the application and, in the Director's discretion, a Colorado Cultural
Resource Survey Form for the resource(s) or properties. The Commission shall adopt a
written resolution stating whether the resource(s) is eligible for landmark designation or
whether fifty(50)percent or more of the properties within a proposed landmark district are
contributing and the reasons why. As part of the resolution, the Commission may
recommend modification of any proposed designation, but no proposal may be extended
beyond the boundaries of the land described in the application unless the initiation and
hearing procedures are repeated for the enlarged boundaries. If the Commission
determines that the proposed resource(s)is eligible for designation or that fifty(50)percent
or more of the properties within a proposed landmark district are contributing, a second
hearing as described in below Subsection (c) .shall be scheduled. If a portion of the
proposed resources in a landmark designation application are determined to be eligible, the
Commission shall only review those resources determined to be eligible at the second
hearing.
2) In the event the Commission determines that no resource in a landmark designation
application is eligible for landmark designation or that less than fifty (50) percent of the
properties within a proposed landmark district application are contributing, the designation
procedure shall be terminated.A Commission determination that no resource in a landmark
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designation application is eligible for landmark designation or that less than fifty (50)
percent of the properties within a proposed landmark district application are contributing
is considered a final decision. Commission adoption of a written resolution that any
resource is eligible for designation or that fifty (50) percent or more of the properties in a
proposed district are contributing at the first hearing is not considered a final decision.
c) Upon determination by the Commission under Subsection(b)(1)that it should further consider
the designation of the resource(&) or properties and following the giving of notice as described
in § 14-34 below, the Commission shall hold a second hearing. The purpose of this hearing
shall be to determine whether the requested designation will advance the policies stated in §
14-1 and the purposes stated in § 14-2 in a manner and extent sufficient to justify the requested
designation without the consent of one (1) or more owners of the resource(s) or properties
under review. Upon the affirmative vote of at least six (6) of its members at the hearing, the
Commission may adopt a written resolution recommending that the City Council designate the
resource(s) or properties at issue without the consent of all of the owners because such
designation is justified by the manner and extent to which the requested designation would
advance the policies stated in § 14-1 and the purposes stated in .§ 14-2. If the Commission
adopts a resolution, it shall be forwarded to the City Council pursuant to below Subsection (d)
to and City Council shall decide whether to designate the resource(s) or properties. If more
than one (1) resource or property is involved in the requested designation, the Corrinrission
may determine that designation is justified for some or all of the resources or properties
involved and City Council consideration for designation shall be limited to the resources or
properties for which such justification was found to exist. As part of the resolution, the
Commission may recommend modification of any proposed designation, but no proposal may
be extended beyond the boundaries of the land described during the initiation of the designation
process unless the initiation and hearing procedures are repeated for the enlarged boundaries.
1) If fewer than six(6)Commission members are able to participate in the second hearing due
to the filing of conflict of interest disclosures by all absent members, the hearing may
proceed with a minimum of four (4) members. In such a situation, the affirmative vote of
all four members shall be required to adopt a written resolution to the City Council.
2) If at least six (6) Commission members are not present at the scheduled hearing, the
members present shall continue the hearing to another date within two (2) weeks. If at
least six.(6) members are not present at the subsequent date, the hearing shall be cancelled
and the designation procedure terminated. Such termination is not considered a final
decision.
3) If the Commission does not adopt a resolution at a hearing where at least six (6) members
are present, or four (4) members as described in above Subsection,(1), the designation
procedure shall be terminated. Such termination is not considered a final decision.
d) Should the Commission,adopt a written resolution pursuant to above Subsections (a) or (c);it
shall transmit such resolution to the City Council within fifteen (15) days after adoption. The
resolution adopted in above Subsection (b)(1) shall be transmitted along with any resolution
adopted pursuant to Subsection (c).
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e) Reasonable opportunity shall be provided for all interested parties to express their opinions.at
the foregoing hearings regarding the proposed designation. However,nothing contained herein
shall be construed to prevent the Commission from establishing reasonable rules to govern the
proceedings of the hearings or from establishing reasonable limits on the length of individual
presentations. The hearings shall be recorded and minutes provided to each City
Councilmember. If any hearing is continued, the time, date and place of the continuation shall
be established and announced to those present at such time as the new time, date, and place is
established.. Such information shall be promptly forwarded, by first class mail, to the owners
of record as established and addressed pursuant to § 14-34.
Sec. 14-34. Notice of hearings.
Notice of the hearings referenced in § 14-33(b), § 14-33(c), and § 14-35 for hearings where not all
of the owners consent to designation shall be given as follows:
a) Written notice of the time, date, place and subject of the hearing shall be sent by first class
mail not less than thirty (30) days prior to the hearing to all owners of record on the date of the
application who own the resource s being proposed for designation as a landmark or landmark
district. Such notice shall be deemed delivered upon the passage of five (5) days from the date
of mailing of the notice.
b) Signs indicating that landmark designation is being considered by the Commission shall be
posted by staff for a period of not less than fifteen (15) days immediately preceding the
applicable hearing on all properties containing resources(s)proposed for Fort Collins landmark
designation or on the boundaries of all areas proposed for Fort Collins landmark district
designations. Such signs shall be prominently displayed and easily readable from abutting
public ways.
c) A legal notice indicating the nature of the hearings, the resource(s) involved and the time,date
and place of the scheduled public hearing shall be published in a local newspaper of general
circulation one (1) time at least fifteen (15) days prior to the hearing.
d) Notice indicating the nature of the hearings, resource(s) involved and the time, date and place
of the scheduled public Clearing shall be placed on the City's website.
Sec.. 14-35. City Council action.
Upon receipt of any recommendation regarding a proposed designation transmitted by the
Commission pursuant to § 14=33(a)(1) or § 14.33(c), the City Council shall schedule a hearing to
consider the designation on a date as early as reasonably practicable but no more than seventy-five
75) calendar days after receipt of the recommendation. Such seventy-five (75) day period may be
extended upon majority vote of the City Council members present at the time the vote is taken.
a) The hearing is considered quasi-judicial in nature and the.City Council may receive new
evidence and argument not presented to the Commission. At the hearing, the City Council
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shall determine whether the following two (2) criteria are satisfied: (1) the proposed
resource(s) is eligible for designation or that fifty (50) percent or more of the properties within
a proposed landmark district are contributing pursuant to § 14-22, and (2) the requested
designation will advance the policies stated in § 14-1 and the purposes stated in § 14-2 in a
manner and extent sufficient to justify the requested designation.
b) In making its decision on the designation, the City Council shall give due consideration to the
views of owners of affected resource(s) and the Commission's resolutions and
recommendation. If the City Council determines that the two (2) criteria in above Subsection
a) ,have been satisfied, it shall designate the resource(s) or properties as a Fort Collins
landmark or landmark district by ordinance.
c) For recommendations received pursuant to § 14-33(a)(1) where all owners consent to
designation, the City Council may approve a designation by adopting an ordinance on the
consent agenda in lieu of a hearing provided such ordinance contains detailed findings that
satisfy the standards for designation set forth in this Section.
See. 14-36. Recording with County Clerk.
Within fifteen(15)days of the effective date of an ordinance designating a resource(s)or properties
as a Fort Collins landmark or Fort Collins landmark district, the City shall record among the real
estate records of the County Clerk and Recorder a certified copy of the ordinance designating the
specified resource(s) or properties.
See. 14-37. Final.notification to owner.
Within fifteen(15)days of the effective date of an ordinance designating a resource(s)or properties
as a Fort Collins landmark or Fort Collins landmark district, the Director'shall send to the owner
of each resource or property so designated a letter outlining the reasons for such designation and
the obligations and restrictions created by such designation. Such letter shall also contain a request
that the owner or his or her successors or assigns notify the Director prior to the preparation of
plans for the alteration, relocation, or demolition of improvements on such resource(s) or
properties.
Sec.14-38. Limitation on resubmission and reconsideration of proposed designation.
r
For one (1) year, no person ovpersons shall submit an application for designation pursuant to §
14-31 that is the same or substantially the same as a proposal for which:
a) Staff determined that the resource(s) or properties contained in an application for designation
were not eligible for designation pursuant to § 14-31;
b) The designation process was terminated pursuant to § 14-33; or
c) City Council decided to not designate pursuant to §14-35
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The one (1) year time period shall be measured from the latter of the date of the occurrence,of any
of the above three (3) events or the date a final decision is rendered in any appeal to the
Commission or Council for events(1)or(2). The one(1) year prohibition on submitting the same
or substantially the same application may be waived by the Director upon a showing of changed
circumstances that demonstrate the need for designation of the resource(s) or district.
Sec. 14-39. Amendment or rescission of designation.
A Fort Collins landmark and Fort Collins landmark district designation may be amended or
rescinded in the same manner as the original designation was made.
Sec. 14-40. Notification of state or national designation.
The Director shall promptly notify the Commission of any known national or state designations
Which occur within the City.
ARTICLE IV.
DESIGN REVIEW OF PROPOSED ALTERATIONS TO DESIGNATED RESOURCES
Sec. 14-51. Alterations to designated resources requiring a certificate of appropriateness
or report.
a) Except as provided in § 14-8, no person shall make, or otherwise cause to be made, any
alteration described in Subsection (b) to any designated resource described in this Subsection
a)unless such person has first obtained a certificate of appropriateness or the Commission has
issued a report to the Colorado State Historic Preservation Officer as follows:
1) Fort Collins landmarks or contributing or non-contributing resources within Fort Collins
landmark districts, whether designated on the Colorado State Register of Historic
Properties or the National Register of Historic Places, require a certificate of
appropriateness issued pursuant to the requirements of this Article.
2) Resources designated on the Colorado State Register of Historic Properties or the National
Register of Historic Places, and that are not Fort Collins landmarks or within Fort Collins
landmark districts, require a report to the Colorado State Historic Preservation Officer
issued pursuant to the requirements of this Article.
b) The following proposed alterations to the designated resources listed in above Subsection (a)
require a certificate of appropriateness or Commission report:
1) Alteration of any land surface,including the addition or removal of any improvement to or
from any land surface, that is within or part of any designated resource listed in above
Subsection (a).
2) Exterior alterations,including windows or siding replacement,or partial or total demolition
of any designated resource listed in above Subsection (a).
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3) Alteration of any interior space of a designated resource listed above in Subsection (a)that
is readily visible from any public street, alley, park or other public place.
c) Any person proposing any alteration to a designated resource that requires a certificate of
appropriateness or report pursuant to this Section shall submit an application pursuant to § 14-
52.
d) If any alteration is made without first obtaining a certificate of appropriateness, the City may
issue a stop work order for any permits issued for the property upon which the designated
resource is located, refuse to finalize any issued permits, refuse to issue a certificate of
occupancy,refuse to issue additional City permits, and take any other available action, or any
combination of the aforementioned, until the applicant has applied for and received approval
for the alteration. If the alteration is not approved, the property owner shall restore the site,
structure, or object to its original condition prior to any alteration occurring.
e) In the design review process, the staff and Commission consider the unique circumstances of
each proposed alteration. Therefore, previous approval of a specific alteration of a designated
resource in one setting and set of circumstances does not necessarily set a precedent for the
approval of future proposed alterations that may appear to be similar but actually present their
own unique circumstances.
Sec. 14=52. Stay on Issuance of City Permits.
Except as provided in § 14-8, no City permit shall be issued to allow any alteration to a designated
resource described in § 14=51 until a certificate of appropriateness or report has been issued
pursuant to this Article and, for certificates of appropriateness, the period for filing a notice of
appeal has passed or until a final decision on an appeal is rendered should a notice be filed. This
stay on the issuance of permits shall include any period for filing a notice of appeal to City Council
from a Commission decision on an appeal of a staff determination or until City Council has made
a final decision in such an appeal should a notice of appeal be filed.
Sec. 14-53.—Applications and staff design review and issuance of reports.
a) To request a certificate of appropriateness or report to the Colorado State Historic Preservation
Officer, the applicant shall submit a design review application on forms provided by staff with
additional documents as staff may require in order to fully evaluate the request. Such
additional documents may include, but are not limited to, photographs, illustrations, proposed
building materials, and plans. Plans may include, without limitation, a plan of protection
showing how the applicant will ensure that no damage will occur to any historic resource on
or adjacent to the site. Staff may require a current intensive-level Colorado Cultural Resource
Survey Form. The applicant shall reimburse the City for the cost of having such a. survey
generated by a third-party expert selected by the City. Upon receipt of a complete application,
staff may refer any application to the Commission for review pursuant to § 14-54. If staff
retains the application for review, staff shall determine whether the proposed alteration meets
the Secretary of the Interior's Standards for the Treatment of Historic Properties and any
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applicable City standards adopted by ordinance for historic resources(the "Standards"). Staff
review of applications for certificates of appropriateness is addressed in below Subsection (b)
and staff review of applications for issuance of reports is addressed in below Subsection (c).
b) Staff Design Review of Applications for Certificates of Appropriateness.
1) Alterations Meeting the Standards. If staff determines that a proposed,alteration to a Fort
Collins landmark or resource(s) within a Fort Collins landmark district, contributing or
non-contributing, meets the Standards, staff shall approve the application and issue a
certificate of appropriateness. A certificate of appropriateness shall include, but not be
limited to, a statement that the requested alterations have been approved pursuant to this
Article, the date of approval, a copy of the design review application and the plans and
specifications being approved.
a. Staff shall promptly send the applicant a copy of the certificate of appropriateness by
first class mail.
b. The proposed alteration shall not be commenced until staff has issued the certificate of
appropriateness and the applicant has obtained all applicable permits, subject to §147
52. Alterations shall conform to the plans and specifications that staff approved in
connection with issuance of the certificate of appropriateness or the report and
deviations from such plans and specifications shall not occur unless such changes are
first submitted to and approved by staff in the same manner as the original application.
If non-conforming alterations are made, the City may issue a stop work order, refuse
to finalize any issued permit, refuse to issue a certificate of occupancy, refuse to issue
additional City permits, and take any other available action, or any combination of the
aforementioned, until the applicant has applied for and received approval for the non-
conforming alteration. If the non-conforming alteration is not approved, the applicant
shall restore the site, structure, or object to conform with the approved plans and
specifications or the original condition of the site, structure, or object prior to any
alteration occurring.
c. A certificate of appropriateness shall be valid for one (1) year from the date of issuance
and, thereafter; may be extended for one (1) additional year provided staff determines
that the proposed alteration continues to comply with the Standards. To be eligible for
such extension, staff must receive an extension request on forms provided by staff
accompanied by all required information at least thirty(30)days prior to the expiration
of the certificate of appropriateness.
2) Alterations Not Meeting the Standards. If staff determines that a proposed alteration to a
Fort Collins landmark or resource(s) within a Fort Collins landmark district, contributing
or non-contributing, does not meet the Standards, staff shall deny the application and
inform the applicant in writing sent by first class mail of the specific reasons for such
denial,
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a. Upon denial of the application,the Director shall deny the application for a building or
other permit associated with the proposed alterations and shall inform the applicant of
such denial.
b. No application shall be resubmitted pursuant to this Section under the original plans
and specifications denied by staff except upon a showing of changed circumstances
sufficient to justify the resubmittal.
c) Staff Review of Applications for Reports. Staff shall issue a report to the Colorado State
Historic Preservation Officer for applications to alter any resource that is not a Fort Collins
landmark or within a Fort Collins landmark districtbut is designated on the Colorado State
Register of Historic Properties or the National Register of Historic Places. Such report shall
include, but not be limited to, a determination whether the proposed alterations meet the
Standards, the date of report issuance, and a copy of the design review application and the
plans and specifications reviewed. Staff issued reports are not subject to appeal.
Sec. 14-54. Commission design review and issuance of reports.
This Section sets forth the procedure for a Commission design review hearing upon staff referral
of an application to the Commission for design review pursuant to § 14-53(a).
a) Commission Design Review of Applications for Certificates of Appropriateness.
1) Hearing Notice. Notice for a Commission design review hearing shall be provided as
follows:
a. Not less than thirty (30) days prior to the hearing, the applicant shall be notified of the
hearing and staff shall post the date,place,time, and subject of the hearing to the City's
website.
b. At least fourteen (14) days prior to the hearing, staff shall post a sign on or near the
property containing the resource undergoing Commission design review stating that
such resource is under review. Said sign shall be readable from a point of public access
and shall remain posted until the Commission has concluded its review of the
application.
2) Hearing Procedure. The Commission shall conduct the hearing in two (2) phases as
follows:
a. Conceptual review. Conceptual review is the first phase of the hearing and is an
opportunity for the applicant to discuss requirements, standards, design issues and
policies that apply to designated resources. Problems can be identified and solved prior
to final review of the application. Conceptual review of any proposed alteration may
be limited to certain portions of the work as deemed appropriate by the Commission..
The applicant may waive the conceptual review and proceed directly to a final review.
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b. Final review. Each application may be finally reviewed and decided upon by the
Commission at the same meeting as the Commission's conceptual review of the
application, if any,orat.a subsequent meeting of the Commission. During final review,
the Commission shall consider the application and any changes made by the applicant
since conceptual review as set forth in this Subsection.
3) Alterations to Fort Collins Landmarks Meeting the Standards. If the Commission
determines that a proposed alteration to a Fort Collins landmark or resource(s) within a
Fort Collins landmark district, contributing or non-contributing, meets the Standards, the
Commission shall approve the application and issue a certificate of appropriateness. A
certificate of appropriateness shall include, but not be limited to, a statement that the
requested alterations have been approved pursuant to this Article, the date of approval, a
copy of the design review application and the plans and specifications being approved.
a. The proposed alteration shall not commence until the Commission has issued the
certificate of appropriateness and the applicant has obtained-all applicable permits,
subject to §14-52. Alterations shall conform to,the plans and specifications that the
Commission approved.in connection with issuance of the certificate of appropriateness
or the report and deviations from such plans and specifications shall not occur unless
such changes are first submitted to and approved by the Commission in the same
manner as the original application. If non-conforming alterations are made, the City
may issue a stop work order, refuse to finalize any issued permit, refuse to issue a
certificate of occupancy, refuse to issue additional City permits, and take any other
available action, or any combination of the aforementioned, until the applicant has
applied for and received approval for the non-conforming alteration. If the non-
conforming alteration is not approved, the applicant shall restore the site, structure, or
object to conform with the approved plans and specifications or to the original
condition of the site, structure, or object prior to any alteration occurring.
b. A certificate of appropriateness shall be valid for one(1)year from the date of issuance
and;thereafter, may be extended for one (1) additional year provided the Commission
determines that the proposed alteration continues to comply with the Standards. To be
eligible for such extension,the Commission must receive an extension request on forms
provided by staff accompanied by all required information at least thirty(30)days prior
to the expiration of the'certificate of appropriateness.
4) Alterations to Local Landmarks Not Meeting the Standards. If the Commission determines
that a proposed alteration to a Fort Collins landmark or resource(s) within a Fort Collins
landmark district, contributing or non-contributing, does not meet the Standards, the
Commission shall deny the application and inform the applicant in writing of the specific
reasons for such denial.
a. Upon denial of the application,the Director shall deny the application for a building or
other permit associated with the proposed alterations and shall inform the applicant of
such denial.
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b. No application shall be resubmitted pursuant to this Section under the original plans
and specifications denied by the Commission except upon a showing of change
circumstances sufficient to justify the resubmittal.
b) Commission Review of Applications for Reports. The Commission shall issue a report to the
Colorado State Historic Preservation Officer for applications to alter any resource that is not a
Fort Collins landmark or within a Fort Collins landmark district but is designated on the
Colorado State Register of Historic Properties or the National Register of Historic Places. Such
report shall include, but not be limited to, a determination whether the proposed alterations
meet the standards, the date of report issuance,and a copy of the design review application.and
the plans and specifications reviewed. Commission issued reports are not subject to appeal.
Sec. 14-55. Appeal of certificate of appropriateness decisions.
Staff denial of a certificate of appropriateness pursuant to § 14-53 may be appealed to the
Commission by the applicant. A notice of appeal shall be in writing and filed with the Director
within fourteen(14) days of the date of mailing by staff of the reasons for denial. The appeal shall
include an intensive-level Colorado Cultural Resource Survey Form, prepared by an expert in
historic preservation acceptable to the Director and the appellant,with the completion cost of such
survey to be paid by the appellant. Such survey need not be filed with the appeal but must be filed
at least ten (10) days prior to the hearing of the appeal. The Commission shall schedule a date for
hearing the appeal as expeditiously as possible. Not less than fourteen (14) days prior to the date
of the hearing,the Director shall: (1)Provide the appellant and any owner of any resource at issue
with written notice of the date, time and place of the hearing of the appeal by first class mail; (2)
Publish notice of the hearing in a newspaper of general circulation in the City; and (3) Cause a
sign readable from a public point of access to be posted on or near the property containing the
resource under review stating how additional information may be obtained. Commission final
decisions are subject to appeal pursuant to the appeal provisions contained in Fort Collins
Municipal Code Chapter 2,Article 2;Division 3. Staff or Commission issuance of reports pursuant
to § 14-53(c) or § 14-54(b) is not subject to appeal.
Sec. 14-56. Normal repair and maintenance.
Nothing in this Article shall be construed to prohibit the alteration of any designated resource
necessary as a part of normal repair and maintenance when such alteration will not change the
exterior appearance or materials or the interior support structure of such designated resource,
including the character or appearance of the land itself. Normal repair and maintenance shall not
include the replacement of windows or siding to the extent such replacement is governed by§ 14-
51.
Section 3. Than Article V of Chapter 14 of the Code of the City of Fort Collins is
hereby amended to read as follows:
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ARTICLE V.
LANDMARK REHABILITATION LOAN PROGRAM
See. 14-81. Purpose.
The City Council hereby establishes a landmark rehabilitation loan program and finds that the
program promotes a valid public purpose of increasing the quality, integrity and permanence of
the City's stock of historic landmarks for the enjoyment and benefit of present and future
generations of citizens of the City by making available a source of funding for rehabilitation of
such structures to the owners of designated Fort Collins landmarks or contributing structures in
designated Fort Collins landmark districts.
Sec. 14-82. Establishment; funding.
The City Manager shall administer the program for awarding zero-interest loans for the
rehabilitation of Fort Collins landmark structures and/or contributing structures in Fort Collins
landmark districts.. The City Manager may promulgate procedural rules and regulations for the
efficient administration of the program. No such loan shall exceed the sum of seven thousand five
hundred dollars ($7,500.00) unless the City Council, by resolution, authorizes a larger loan. All
loans shall be funded.solely from those funds held by the City for financial support of the program
and appropriated for such use in the General Fund, and all loans shall be expressly contingent upon
the availability of sufficient funds to support the loan: Loan recipients shall, as a condition of
obtaining the loan, agree to repay the loan in full upon sale or transfer of the property. All loan
repayments shall be returned to the landmark rehabilitation loan program.
Sec. 14-83. Criteria.
No landmark rehabilitation loan shall be awarded unless the following criteria and requirements
have been met:
1) The subject structure must have been designated as a Fort Collins landmark or be a
contributing structure in a Fort Collins landmark district pursuant to this Chapter
before the landmark rehabilitation loan can be awarded.
2) All loan recipients shall provide matching funds in an amount equal to or greater
than the amount of the loan-.
3) The matching funds provided by the loan recipient may be utilized only for exterior
rehabilitation of the subject property and/or the stabilization of the structure, the
rehabilitation of electrical, heating or plumbing systems, and/or the rehabilitation
or installation of fire sprinkling systems in commercial structures. Neither the loan
nor the
at
funds shall be used for the installation of nor rehabilitation of
signage or interior rehabilitation or decoration, nor the installation of building
additions or the addition of architectural or decorative elements which are not part
of the landmarked structure.
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4) Loan funds may be expended only for rehabilitation of the exterior of a designated
Fort Collins landmark structure or contributing structure in a Fort Collins landmark
district or for work that improves the energy efficiency and performance of any
such structure. No interior improvements other than those that improve energy
efficiency and performance while meeting the requirements in below Subsection
5) may be accomplished utilizing City loan funds.
5) The standards and/or guidelines of the City and the United States Secretary of the
Interior for the preservation, reconstruction, restoration or rehabilitation of historic
resources then in effect shall serve as the.standards by which all rehabilitation work
must be performed.
6) No loan funds shall be disbursed until after the recipient has completed the work,
the work has been physically inspected by the City and has been approved by the
City Manager, and the loan recipient has documented the cost of the work by
submitting to the City copies of all bills, invoices, work orders and/or such other
documentation showing, to the satisfaction of the City, that the funds requested
have been spent on eligible work, are reasonable, and are supported by actual proof
of expense.
7) Loan recipients shall, as a condition of the loan, prominently place a sign upon the
property being rehabilitated stating that such rehabilitation has been funded,in part,
through the City's landmark rehabilitation loan program.
8) Property owners who have previously received loans shall be eligible for
subsequent loans.
9) All rehabilitation work shall be completed within one (1) year from the date upon
which the loan was awarded; provided, however, that upon application and a
showing of good cause as to why the project cannot,be timely completed, the
Commission may authorize an extension of up to one (1) additional year for
completion of the work.
10) No landmark rehabilitation loan shall be awarded unless the Commission (or in
cases of loans exceeding the maximum amounts established herein, the City
Council) first determines that:
a.The applicant has demonstrated an effort to return the structure to its
original appearance;
b. It is in the best interests of the public welfare that the structure proposed to
be rehabilitated be preserved for future generations; and
C.The amount proposed to be spent on the rehabilitation is reasonable under
the circumstances.
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11) No landmark rehabilitation loan shall be awarded unless the loan recipient has, as
a condition of obtaining the loan, agreed to repay the loan in full upon sale or
transfer of the property.
Introduced, considered favorably on first reading, and ordered published this 19th day of
February, A.D. 2019, and to be presented for final passage on the 5th day of March, A.D.2019.
or
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Passed and adopted on final reading on the 5th day of March,A.D. 2019.
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City CMk SEAL
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