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HomeMy WebLinkAbout006 - 02/03/1981 - REPEALING CHAPTER 69 OF THE CITY CODE ENTITLED ''LANDMARK STRUCTURES AND DISTRICTS'' AND REENACTING ORDINANCE NO 6 1981 BEING AN ORDINANCE REPEALING CHAPTER 69 OF THE CODE OF THE CITY OF FORT COLLINS ENTITLED "LANDMARK STRUCTURES AND DISTRICTS" AND REENACTING CHAPTER 69, SAID REENACTED CHAPTER 69 ESTABLISHING A PROCEDURE FOR THE DESIGNATION AND PRESERVATION OF STRUCTU?ES AND AREAS HAVING HISTORICAL, ARCHITECTURAL, OR GEOGRAPHIC IMPORTANCE, ESTABLISHING A LANDMARK PRESERVATION COMMISSION AND VESTING IT WITH CERTAIN DUTIES AND POWERS, PROVIDING FOR THE APPOINTMENT OF THE MEMBERS OF SAID COMMISSION AND THE STAFF THEREOF AND PROVIDING FOR A PROCEDURE FOR THE ENFORCEMENT OF THIS ORDINANCE WHEREAS, it has come to the attention of the Council that Chapter 69 of the Code of the City of Fort Collins dealing with landmark structures and districts would better preserve the historic, architectural and cul- tural assets of the City if revised to include specific criteria fo� the establishment of landmarks and landmark districts and for the alteration of landmarks and landmark districts, and WHEREAS, certain provisions of Chapter 69 should be revised to provide better enforcement of the ordinance, and WHEREAS, it is determined by the Council of the City to be io the best interest of the City to establish a Landmark Preservation Commission for the carrying out of the purposes of said ordinance NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITN OF FORT COLLINS that Chapter 69, "Landmark Structures and Districts", be, and it hereby is, repealed and reenacted as amended herein "Section 69-1 Short Title This ordinance may be called "The Landmark Preservation Ordinance " Section 69-2 Purpose and Dlaration of Po�lic It is hereby declared as a ma erec 0t pUD11c policy that the protection, enhancement and perpetuation of structures and districts of historical , architectural or geographic significance, located within the City of Fort Collins, are a public necessity, and are required in the interest of the prosperity, civic pride and general welfare of the people. The purposes of this legislation are to (1) designate, preserve, protect, enhance and perpetuate those structures and districts which reflect outstanding elements of the City's cultural , artistic, social, economic, political, architectural, historic or other heritage, (2) foster civic pride in the beauty and accomplishments of t e past, (3) stabilize or improve aesthetic and economic vitality and values of such structures and districts, (4) protect and enhance the City's attraction to tourists and visitors, 15) promote the use of outstanding historical or architecturai structures or districts for the education, stimulation anti welfare of the people of the City, (6) promote good urban design, and (7) promote and encourage continued private ownership and utilization of such buildings and other structures now so owned and used, to the extent that the objectives listed above can be attained under such a policy. 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 and geographic heritage of the City and by ignoring the destruction or defacement of such cultural assets Section 69-3 Definitions For the purposes of this chapter, the fol owing terms shall have the meanings indi- cated ALTERATION - Any act or process which changes one or more of the exterior architectural features of a designated Irndmark structure or district BOARD - Cultural Resources Board CITY - City of Fort Collins, Colorado EXTERIOR ARCHITECTURAL FEATURE - The architectural design, style, general arrangement and components of all the outer surfaces of a structure or improvement, including but not limited to the color, texture, materials, type and style of all windows, doors, lights, signs and other fixtures appur- tenant to said structure or improvement IMPROVEMENT - Any building, structure, place, work of art or other object constituting a physical betterment of rea3 property or any part of such betterment, including improve- ments on public property LANDMARK OR LANDMARK DISTRICT - Any structure or improve- ment and its surrounding environs or a group of structures or improvements or both, and their surrounding environs- -2- A Which has a special character or special historic or aesthetic interest or value as part of the develop- ment, heritage or cultural characteristics of the city, state or nation B Wherein any event of major historic significance with a measurable effect upon society took place. C. Which is closely identified with a person or group of persons who have had some measurable influence on society 0 Wherein the broad cultural , political , economic or social heritage of the community is exemplified E Which faithfully portrays the environment of a group of people in an era of history characterized by a dis- tinctive architectural style or which embodies those distinguishing characteristics of an architectural-type specimen or which is the work of an architect or master builder whose individual work has influenced the development of the City F Which, because of being a part of or related to a square, park or other distinctive area, should be developed or preserved according to plan based upon a historic, cultural or architectural signi- ficance G. Which, due to unique location or singular physical characteristic, represents an established, familiar and significant visual feature of the neighborhood, community or city H. Officially designated as a "landmark" or "landmark district' pursuant to the provisions of this chapter. RELOCATION - Moving a landmark structure to a different location STRUCTURE - Is 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 Section 69-4 Landmark Preservation Commission A Creation There shall be and hereby is created a landmark preservation commission, hereafter called the "Commission" -3- B. Composition The Commission, shall consist of five members In making initial appointments, one such person shall be appointed for a two-year term, two more members shall be appointed for a three-year term, and the remaining two members shall be appointed for a four-year term Thereafter, appointments shall be for a four-year term C. Appointments All appointments shall be made by the Council In making appointments to the Commission, the Council shall give due consideration to maintaining a balance of interests and skills in the composition of the Commission, and to the individual qualifications of the candidates, including but not limited to their training, experience, knowledge or interest in any one or more of the following fields architecture - land- scape architecture, architectural history, structural engineering, general contracting, urban planning, mortgage lending, and commerce In addition, the Council shall name as an ad-hoc temporary member, one person from any landmark district under consideration by the Commission with such person's term of membership to continue until such time as said landmark district consideration has been concluded ty the Commission. The fields of architecture and structural engineering (or related fields) shall be represented on the commis- sion The Council may advertise for candidates for the Commission for the purpose of making initial appoint- ments and filling vacancies as shall occur from time to time D Officers and By-laws The Commission shall elect a Chairman and such other officers other than a secretary as it may require The Commission shall make and adopt by-laws for governing its work and it shall conduct its business in accordance with Roberts' Rules of Order. All such by-laws shall be approved by the City Council by resolution before becoming effective E Meetings The Commission shall act only at meetings of which not less than three days' notice has been given, provided, however, that in the event that the Chairman declares an emergency to exist, such Commi.,�,ion may meet upon one day notice F. Quorum, Action No official business of the Commission -4- shall be conducted unless a quorum of not less than three members is present The ( )ncurring vote of at least a simple majority of the quorum is necessary to constitute an official act of the Commission G. Compensation Members of the Commission shall serve without compensation To the extent authorized by Council, such members may be reimbursed for expenses necessarily incurred incidental to their duties for the Commission H Rules and Regulations The Commission shall have the power to make whatever rules are necessary for the execution of its duties as set forth in this chapter All such rules shall be approved b the City Council by resolution before becoming effective. Section 69-5 Staff The staff of the Commission shall consist of a secretary and s. ch other staff as may be authorized by the City The secretary shall be the custo- dian of the records of the Commission, shall conduct official correspondence and generally supervise the clerical and technical work of the Commission The Chief Building Inspector of the City shall act as staff liason to the Commission Section 69-6 Standards for Desi nation of Struc*4j.F,- and Districts for reservat on strums ure or . osiric3 may be designated for preservation, if it meets one or more of the following criteria A. Historical Importance The structure or district (1) has character, interest or value, as part of the development, heritage or cultural character- istics of the city, state or nation, (2) is the site of a historic event with an effect upon society, (3) is identified with a person or group of persons who had some influence on society, or (4) exemplifies the cultural, political , economic, social or historic heritage of the community B Architectural Importance The structure or district (1) portrays the environment of a group of people in an era of history characterized by a distinctive architectural style, (2) embodies those distinguishing characteristics of an architectural type specimen, (3) is the work of an architect or master builder whose individual work has influenced the development of -5- Fort Collins, or (4) contains elements of architectural design, detail , materials or craftsmanship which represent a significant innovation C. Geographic Importance The structure or district (1) because of being part of or related to a square, park or other distinctive area, should be developed or preserved according to a plan based on a historic, cultural or architectural motif, or (2) due to its unique location or singular physical characteristics, represents an established and familiar visual feature of the neighborhood, community or City Section 69-7 Procedure for Designating Structures and Districts for Preserva ion A. Initiation of Procedure Whenever in the opinion of the Cultural Resources Board, upon its own motion, or upon application of any citizen of or owner of property in the City, a structure or district meets the criteria of a landmark or landmark district, the Board shall contact the owner or owners of such landmar_4 or landmark district outlining the reasons and effects of designation as a landmark and, if possible, shall secure the owner's consent to such designation If the Board is unable to personally contact such owner, it shall be sufficient to send a written request for the consent to designation of such property by registered mail, return receipt requested, addressed to the owner of the property as shown on the most recent records of the Larimer County Assessor at the address shown on such records Following such contact, if the owner does not consent to such designation of the property, the Board, upon the affirmative vote of at least five (5) of its members, may proceed by offi- cially adopting a resolution stating that the preli- minary investigation by the Board indicates that the described property is eligible for designation as a landmark or landmark district, the reason the Board feels that it should proceed without the consent of the owner to such designation and scheduling a public hearing by the Board on the question of designation, hereinafter called a "designation hearing° at a speci- fied time, date and place and directing that the notice of hearing be given as hereinbelow described In the event the owner consents in writing to such designa- tion, the Board, upon the affirmative vote of a major- ity of the quorum, may forthwith adopt a resolution recommending to the City Council the designation of the landmark or landmark district without the necessity of -6- notice and without the review by the Planning Office required by Section C of this chapter All applica- tions submitted in accordance with this section shall include a description of the property proposed for designation and a detailed outline of the reasons why such property should be designated and why the bound- aries of said property should be determined as des- cribed in the application No motion or application for designation of a specific landmark or landmark district may be made more than once during any twelve (12) consecutive months B. Notice of Hearing Notice of the designation hearing shall be given as follows 1 Written notice of the time, date, place and subject of the hearing shall be sent by registered or certified mail not less than thirty (30) days nor more than forty (40) days prior to the hearing to all owners of record on the date of the resolution who own the real property being proposed for designation as a landmark or landmark district. Such notice shall be deemed delivered upon the passage of five (5) days from the deposit of said notice in the mail 2 Signs indicating the proposed action and the time, date and place of the hearing shalt be posted by the Board for a period of not less than fifteen (15) days immediately preceding the hearing on all property proposed for landmark designation and on the boundaries of all areas proposed for landmark designations, such signs to be prominently dis- played and easily readable from abutting public ways 3 A legal notice indicating the nature of the hear- ings, the property involved and the time, date and place of the scheduled public hearing, shall be published in a local newspaper of general circula- tion once per week for four weeks immediately prior to the hearing 4. Written notice of the proposed landmark designa- tion, including the identification of the property, the basis for commencing with the designation procedure and the time, date and place of the hearing shall be given to the City of Fort Collins Planning Office, hereinafter called the "Planning Office", not later than thirty (30) days prior to the hearing i I -7- C Planning Office Review 1. The City of Fort Collins Planning Office shall review the proposed designation with respect to a) Its relationship to the Zoning Ordinance of the City of Fort Collins and the Compre- hensive Plan of the City b) The effect of the designation upon the surrounding neighborhood c) Such other planning considerations as may be relevant 2 The Planning Office may recommend approval, refection or modification of the proposed designa- tion, and its recommendation shall contain a statement of the basis therefor The recommend- ation shall be delivered to the Board in written form at or prior to the hearing If the Planning Office fails to act within 7 days after receipt of written notice of the proposed designation, the Board, or a- selected member thereof, shall immediately request such response of the Director of Planning and Development If the Planning Office fails to act within 10 days after receipt of written notice of the proposed designation, the proposed designation shall be deemed to have been approved by the Planning Office D Hearing At least five (5) members of the Board shall conduct the hearing If at least five (5) members are not present, the members present may adjourn the meeting to another date within two (2) weeks If the owners of all property to be designated are not noti- fied by the Board of any known shortage of sufficient members to conduct a hearing at least 24 hours prior to any such initial or adjourned meeting, or, if at least five (5) members are not present at such adjourned meeting, the hearing shall be cancelled and the desig- nation procedure terminated If any hearing is con- tinued, the time, date and place of the continu- ation shall be established and announced to those present when the current session is to be adjourned and such information shall be promptly forwarded, by regular mail, to the owners of record as established and addressed pursuant to Paragraph B(1) of this -8- section Reasonable opportunity shall be provided for all interested parties to express their opinions regarding the proposed designation or designations. However, nothing contained herein shall be construed to prevent the Board from establishing reasonable rules to govern the proceedings of the hearings or from esta- blishing reasonable limits on the length of individual presentations The hearings shall be recorded and transcripts provided to each Councilmember Written presentations, including the report of the Planning Office, shall be included in the record of the hearing.. E. Findings and Recommendations of the Board The Board shall act officially on each proposed cesignatinr within thirty-five (35) days of the hearing thereo; The Board may approve, reject or moaify any propos,., but no proposal may be extended beyond the boundaris of the land described in the original resolution unlEs the initiation and hearing procedure is repeated tR the enlarged boundaries The Board shall set forth- its records the findings of fart which constitute 3Ke basis for its decision If the Board fails to act within the forty-five day period, the designation shall be deemed to have been rejected and the designation procedure shall thereby be terminated F. Transmittal to Council 1 Within fifteen (15) days after reaching its decision, the Board shall transmit to the City Council its recommendation on the designation of s landmark or landmark district, including tts description of the property involved, and the findings upon which the recommendation was based- 2 If more than one (1) property is involved in the designation procedure, the Board may approve In part and terminate in part Each part shall then be treated as a separate action In rm event may any property be added to the area described in the initiation resolution without instituting a new designation procedure -9- G City Council Action Upon receipt of the recommenda- tions transmitted by the Board, the City Council may by ordinance designate property as a landmark or landmark district Due consideration shall be given to the written view of owners of affected property, and in its discretion the City Council may hold public hear- ings on any proposed landmark or landmark district designation H Recording with County Clerk Within fifteen (15) days of the effective date of an ordinance designating property as a landmark or landmark district, the Board shall record among the real estate recrrds of the Clerk and Recorder of the County of Lartmer either 1 A certified copy of the ordinance designating the specified property as a landmark or landmark district, or 2 A notice stating that the specified property has been designated as a landmark or landmark district and citing the ordinance and the effec- tive date thereof which made the designation effective The notice may also contain a brief summary of the effects of such designation as set forth in this chapter I Final Notification to Owner Within ten (10) days after the recording of the ordinance or the notice of designation of property as a landmark or landmark district, the Secretary of the Board shall send to the owner of each property so designated by registered or certified mail 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 successors or assigns notify the Secretary of the Commission prior to 1 Preparation of plans for the reconstruction or alteration of the exterior of improvements located on such property 2 Preparation of plans for the construction of, addition to or demolition of improvements on such property -10- Section 69-8 Procedure to Amend or Rescind Designation of Structures and Districts for Preservation. A Tag mark or 75—nME5777istriCt designation may be amenaea or rescinded in the same manner as the original designation was made. Section 69-9 Procedure to Authorize Er�ct•c� Construc- tion Reconstruct on Alterations o, or Demo tion o an e ocation Ot LandmarK Structures or Structures !icated in Landmark s r i c s A. Review of Building Permit Action on an application for a building permit (including any permit for the demolition of a building) shall be aeferred by the Building Inspector, except as provided in Subsection G below or unless accompanied by written approval by the Commission, for any of the following acts (1) Alteration or reconstruction of or addition to the exterior of any improvement which constitutes all or part of a landmark structure or landmark district (2) Demolition or relocation of any improvement which constitutes all or part of a landmark structure or landmark district (3) Construction or erection of or addition to any improvement upon any land included in a landmark district The Building Inspector shall within three (3) days of the filing of an application for a building permit notify the Commission in writing that such a permit has been requested and the nature of the request B Work Not Requiring Buildinr Permit .Application for Approval Except as otherwise provided herein, no land surface within any real property designated as a landmark or landmark district shall be changed, and no improvements thereon shall be erected, removed, re- stored, demolished or altered (including alteration of color), nor shall any addition be made thereto, in such a manner or of such a character as to change the exterior appearance or exterior architectural features thereof, which change shall be visible from any public street, park or other public place without prior written approval of the Commission Such changes in exterior appearance shall extend to the erection of business, professional and other signs and the Com- -11- mission may deny permission to erect any such sign, unless the size, texture, style and materials thereof are compatible with the general characteristics of the neighborhood and the structure Any person desiring to remove, demolish or in any way change the exterior appearance or the exterior architectural features of improvements on real property designated as a landmark or in a landmark district, or desiring to change the land surface of any such real property, shall submit to the Commission an application for approval and a specific statement of the work prcaosed, together with such details as the Commission may require C Approval of Proposed Work Tf upon receipt of notifi- cation of a request for a building permit from the Building Department, or upon receipt of an application pursuant to Paragraph B above, the Commission finds that the proposed work is of a nature which will not erode the authenticity of, or destroy any distinctive exterior feature of the improvements, and is compatible with the distinctive characteristics of the landmark or landmark district and with the spirit and purpose of this chapter, the Commission shall so advise the Building Inspector, or the applicant, in writing, as soon as practicable but in no event longer than ten (10) days after receiving the notification of the request for the permit or the application and shall affix its seal to the plans and specifications for the approved work In the case of an application for a building permit, upon receipt of the Commission'3 report of acceptability and approved plans and soecifi- cations, the Building Inspector shall proceed with tht review of the application for a building permit and shall notify the applic nt to that effect No change which would defeat the purpose of this ordinance shall be made in an application for a building permit or the plans and specifications for the proposed work approved by the Commission without resubmittal to the Commission and approval of such changes in the sane manner as the original application In determining the recommendation to be made, concerning the issuance of a report of acceptability, the Commission shall consider the following criteria (1) The effect of the proposed change upon the general historical and/or architectural character of the landmark or landmark district (2) The architectural style, arrangement, texture, and materials, of existing and proposed struc- tures, and their relation to the structures in the district -12- I (3) The effects of the proposed work in creating, changing, or destroying the exterior architectural features of the structure upon which such work is to be done (4) The effects of the iroposed work upon the protec- tion, enhancement, perpetuation and use of the landmark or landmark district (5) The Commission may establish such additional specific criteria and guidelines as it deems to be in the best interest of the City as such criteria and/or guidelines pertain to landmark districts within the city D Denial of Building Permit If the proposed work is not approved as outlined in Subsection C above, as soon as practicable but in no event longer than five (-Q) days after receiving the Commiss on's report that rh* proposed work is not acceptable, the Building Inspeac4 shall deny the application for the building permit zu shall so advise the applicant No reapplication OJT be submitted pursuant to Section 69-9 under the orig.i.- nal plans and specifications found unacceptable by the Commission except upon a showing of changed circum- stances sufficient to justify the reapplication. If no report is made by the Commission within ten (10) days of receipt of notification from the Building Inspector, the application shall be processed as if it were approved E Action of Commission on Unacceptable Proposed Work. If the proposed work is not acceptable as outlined in Subsection C above, the Commission, acting with all due diligence, shall explore with the applicant all means for substantially preserving the landmark structure or landmark district watch would have been affected by the required permit These investigations may include by way of example and not of limitation; 1. Feasibility of modification of the plans 2. Feasibility of any alternative private use of the structure or structures which would substantially preserve the original character thereof 3. Possibility of public acquisition for a public purpose of the structure or structures involved. -13- F If the Commission is unsuccessful in developing either alternate plans or an appropriate public or private use for such structure or structures which are accept- able to the owner, it shall so notify the owner and the Building Inspector, in writing No work, erection, construction, reconstruction, or alterations or demolitions of landmarks or structures in landmark districts shall be allowed except upon approval of the Commission as provided in this chapter G Remedying of Dangerous Conditions In any case where the Building Inspector, the Fire Department or any other public authority having the power to do so orders or directs the construction, reconstruction, altera- tion, repair. relocation or demolition of any landmark improvement for the purpose of remedying conditions determined by that officer, department or authority to be imminently dangerous for life, health or property, nothing contained herein shall be construed as making it unlawful for any person to comply with such order. Any such officer, department or authority shall take immediate steps to notify the Commission of thb pro- posed issuance of any such order or directive and may include in such order or directive any timely received requirements or recommendations of the Commission. H. Waiver of Conditions, Appeals Upon a showing of substantial hardship, and/or to protect against an arbitrary result, the Commission may waive such condi- tions and requirements as are set forth in this chapter provided that the spirit and purpose of the chapter is not significantly eroded All final decisions of the Commission may be appealed to the City Council with such appeals to be heard at Council 's regularly sched- uled meeting after due notice Section 69-10 Extension of Time Limits Any time limit set forth in this chapter may 9e___e_x_t_e_nd_e_a by mutual consent of the Board or Commission and the applicant or of the Board or Commission, the Planning Office and the applicant, whichever is applicable Section 69-11 Normal Maintenance and Repair Nothing in this chapter shall be construed to prohibit the accomplish- ment of any work on any landmark or in any landmark district which will neither change the exterior appearance nor the exterior architectural features of improvements or struc- tures, nor the character or appearance of the land itself, and which is considered necessary as a part of normal maintenance and repair -14- Section 69-12 Notification of State/National Desr nation The special Assistant to City Manager Tor Cultur&5 Affairs shall promptly notify the Board of any known na- tional or state designations of landmark structures or landmark districts within the City of Fort Collins Section 69-13 Violations and Penalties Any person, firm or corporation vio a ing any provision of this chapter shall be subject to the penalty provided by Chapter 1, General Provisions In case any building or structure is -erected, constructed, externally reconstructed, externally altered, added to or demolished in violation of this chapter, the city or any proper person may institute an appropriate action or proceeding to prevent such unlawful action. T e imposition of any penalty hereunder shall not preclude the city or any proper person from instituting any proper action or proceeding to require compliance with the provisions of this chapter and with administrative orders and determina- tions made hereunder Section 69-14 Severability It is hereby declared to be the legislative "nten t a the several 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, it is hereby declared to be the legis- lative intent that the effect of such decision shall be limited to that provision or provisions which are expressly stated in the decision to be invalid, and such decision shall not affect, impair or nullify this chapter as a whole or any other part thereof, but 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, building or other structure or a tract of land is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared to be the legislative intent that the effect of such decision shall be limited to that lot, building or other structure or tract of land immediately involved in the controversy, action or proceeding in which the judgment or decree of invalidity was rendered, and such decision shall not affect, impair or nullify this chapter as a whole or the application of any provision thereof to any other lot, building or other structure or tract of land -15- Introduced, considered favorably on first reading, and ordered pub- lished this 20th day of "" 2 1981, and to be presented Ter final passage on the 3rd day o F 198 ayo ATTEST �y i er c Passed and adopted on final reads g this 3rd day of fiffiruary , 1981 a r ATTEST Q Yv City clerK -16-