HomeMy WebLinkAbout056 - 04/19/1994 - AMENDING CITY CODE PERTAINING TO THE MAINTENANCE OF LANDMARKS AND TO DEMOLITION OR RELOCATION OF HIS ORDINANCE NO. 56, 1994
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS
PERTAINING TO THE MAINTENANCE OF LANDMARKS AND TO THE
DEMOLITION OR RELOCATION OF HISTORIC BUILDINGS AND
SITES NOT DESIGNATED AS LOCAL LANDMARKS
OR LOCATED IN A LANDMARK DISTRICT
WHEREAS, the Council of the City of Fort Collins has determined that the
inventory of historic buildings within the City is a civic treasure to the City;
and
WHEREAS, it is in the best interests of citizens of the City that buildings
or structures which have been designated by the City as landmarks be maintained
to a minimum standard so as to avoid "demolition by neglect"; and
WHEREAS, the Council has further determined that buildings or structures
which have not been designated as landmarks but are at least 50 years of age and
which would qualify as landmark structures should not be demolished or relocated
without there first having been an opportunity to document the existence and
historic significance of such structure and to explore the effect that the
removal or demolition will have on the character of the site and adjacent
property and to explore the plans for redevelopment of the property following
such relocation or demolition.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows:
Section 1. That Chapter 14 of the Code of the City be amended by the
addition of a new Section 14-57, with subsequent Sections renumbered accordingly,
to read as follows:
Sec. 14-57. Minimum maintenance requirements.
(a) All buildings or structures designated as landmarks and all
structures located within a landmark district shall be maintained in
such fashion as to meet the requirements of the Uniform Code for
Building Conservation as adopted by the City. The owner of such
buildings or structures 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 buildings or
structures to deteriorate, decay or become damaged or otherwise to
fall into a state of disrepair which would have a detrimental effect
upon the historic character of such structure or the landmark
districts, if any, in which they are situated.
(b) The Landmark Preservation Commission may request that the
Building Permits and Inspections Administrator require correction of
defects or repairs to any structure regulated by this Section.
Section 2. That Chapter 14 of the Code of the City is hereby amended by
the addition of a new Article IV entitled "Demolition or Relocation of Historic
Buildings and Sites Not Designated as Local Landmarks or Located in a Landmark
District," to read as follows:
ARTICLE IV. DEMOLITION OR RELOCATION OF HISTORIC BUILDINGS
AND SITES NOT DESIGNATED AS LOCAL LANDMARKS OR
LOCATED IN A LANDMARK DISTRICT
Sec. 14-60. General .
With the- exception_ of any structure governed by Section 203 of
the Uniform Building Code or any structure designated as a local
landmark or located in a landmark district, no structure (or portion
thereof) fifty (50) years of age or older which meets one (1) or
more of the criteria contained in §14-5, "Standards for Designation
of Sites, Structures, Objects and Districts for Preservation" of the
City Code may be demolished or relocated nor shall any permit for
such demolition or relocation be issued unless the owner of such
structure has complied with the provisions of §§14-61 and 14-62.
(This Article shall not apply to interior demolition activities.)
Sec. 14-61. Procedures for review of applications for demolition or
relocation.
(a) The owner of any structure governed by this Article shall
make application for City approval of the demolition or relocation
of such structure (or portion thereof) on forms prescribed by the
city. Said application shall be filed with the Planning Director,
and shall be accompanied by a fee of fifty dollars ($50.) to cover
the costs of processing the same. Within seven (7) days of the
filing of such application, the Planning Director, after
consultation with the chair of the Landmark Preservation Commission,
shall determine whether demolition or relocation approval should be
granted by the Director or whether the application should instead be
referred to the Landmark Preservation Commission. Such approval
shall be granted, subject to compliance with all other applicable
laws, under the following circumstances:
1. the structure (or portion thereof) sought to be demolished or
relocated is, upon review, determined to be less than fifty
(50) years of age;
2. the structure (or portion thereof) , upon review, does not meet
one or more of the criteria contained in §14-5, "Standards for
Designation of Sites, Structures, Objects and Districts for
Preservation" of the City Code; or
3. the structure (or portion thereof), in the judgment of the
Planning Director, lacks any historic significance because of
its location, condition, modifications or other factors, and
its demolition or relocation would be inconsequential to the
historic integrity of the remaining structure, if any,
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adjacent properties, the surrounding neighborhood and the
landmark district in which the structure is located, if any.
If none of the foregoing circumstances is determined to exist, the
Planning Director shall refer the application to the Landmark
Preservation Commission for consideration pursuant to subparagraph
(b) below.
(b) If it is determined by the Planning Director, pursuant to
subparagraph (a) above, that a demolition or relocation permit
should not be issued without review by the Landmark Preservation
Commission, and upon receipt of all information as required pursuant
to subparagraph 2 below, then the Planning Director shall schedule
a public hearing on the application before the Landmark Preservation
Commission within forty-five (45) days of such determination and
receipt, according to the following requirements:
1. An additionaT fee of-two hundred dollars ($200.) sharT bFe paid-
by the applicant to cover the costs of processing the request
for demolition or relocation before the Landmark Preservation
Commission.
2. The applicant shall submit such information as the Planning
Director believes is necessary for the full and complete
consideration of the request, which information shall include,
but not be limited to:
a. a completed "Historic Resources of Merit" form
for the property, which form shall be provided by
the Planning Director for completion by the
applicant;
b. a report regarding the effect that the removal or
demolition of the structure (or portion thereof)
will have on the character of the site and the
adjacent properties;
C. a plan for the redevelopment of the property,
which plan shall first be approved by all
administrative and/or quasi-judicial decision-
making officials and/or boards or commissions as
are necessary as a prerequisite to the
presentation of construction specifications to
the Building Permits and Inspections
Administrator if applicable, and if not
applicable, then as a prerequisite to the
commencement of construction (for purposes of
this requirement, allowing the property to lie
vacant or fallow shall not constitute
"redevelopment") .
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3. Not less than thirty (30) days prior to the hearing of the
Landmark Preservation Commission, the applicant shall :
a. Cause a sign to be posted on or near the
structure proposed for demolition or relocation,
stating that the building or structure is being
considered for such demolition or relocation.
Said sign shall be at least four (4) square feet
in size, readable from a point of public access
and shall state that more information may be
obtained from the Planning Director.
h__ Pravide_ the City with a list of owners of record
of all real property within five hundred (500)
feet (exclusive of public rights-of-way, public
facilities, parks or public open space) of the
property lines of the parcel of land upon which
the structure is situated, which list shall be
prepared from the records of the Larimer County
Clerk and Recorder and shall be typed on mailing
labels.
4. Written notice of the hearing shall be mailed by the Planning
Director to all persons named on the list provided by the
property owner under subsection 3(b) above. Said mailing
shall occur at least fourteen (14) days prior to the hearing
date. Known representatives of historic preservation groups
in the City; and neighborhood groups and organizations and
homeowners' associations within the area of notification shall
also be mailed written notice. The applicant shall pay
postage and handling costs of fifty cents ($.50) per notice.
The fact that any notice required under this subsection has
not been mailed or received shall not affect the validity of
any hearing or determination by the Landmark Preservation
Commission.
5. The Landmark Preservation Commission shall review the evidencL-
presented at the hearing and shall approve the application
(with or without conditions) . Alternatively, it may postpone
consideration of the application, for a period not to exceed
forty-five (45) days, for any of the following reasons:
a. additional information is needed for the full and
complete consideration of the request by the
Landmark Preservation Commi-syioTry or
b. the request has generated substantial
neighborhood concerns, and such postponement
could, in the judgment of the Landmark
Preservation Commission, contribute to resolving
these concerns; or
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C. the Landmark Preservation Commission wishes to
consider landmark or landmark district
designation of the property in accordance with
Article IV, et. seq.
6. In the event that the Landmark Preservation Commission has not
made a final decision within sixty (60) days of the date of
the submittal of information required pursuant to subsection
(2) hereof, in detail acceptable to the Planning Director,
then the Landmark Preservation Commission shall be deemed to
have approved, without condition, the proposed demolition or
relocation.
Sec. 14-62. Requirements and conditions for approval of demolition
and relocation.
(a) Upon approval of the application by the Planning Director or
the Landmark Preservation Commission, the owner may obtain a
demolition or relocation permit and may thereafter demolish or
relocate the structure (or portion thereof) in compliance with all
applicable laws, ordinances and regulations.
(b) The Landmark Preservation Commission may, as a condition of
its approval of the demolition or relocation of a structure (or
portion thereof) , require the property owner to provide the city
either with photographic documentation of such structure or right of
access for the taking of such photographs.
(c) The Landmark Preservation Commission shall have the
authority to enter into an agreement with the owner of any structure
(or portion thereof) proposed for demolition whereby the city or
certain designated third parties may enter upon the property upon
which such structure is situated, for the purpose of removing and
taking possession and ownership of any particular artifacts and
other items of historic interest or value, identified in such
agreement.
Introduced, considered favorably on first reading, and ordered published
this 5th day of April , A.D. 1994, and to be presented or final passage on the
19th day of April , A.D. 1994.
t
Mayor
ATTEST:
� Iity Cle
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Passed and adopted on final reading this 19th y o April , A.D
Mayor
ATTEST:
►41� .
City Clerk
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