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HomeMy WebLinkAbout020 - 02/18/1986 - AMENDING CITY CODE RELATING TO LANDMARK STRUCTURES AND DISTRICTS ORDINANCE NO. 20, 1986 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 69 (LANDMARK STRUCTURES AND DISTRICTS) OF THE CODE OF THE CITY OF FORT COLLINS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Chapter 69 (Landmark Structures and Districts) of the Code of the City of Fort Collins be repealed and reenacted as follows: CHAPTER 69 LANDMARK STRUCTURES AND DISTRICTS § 69-1. Title. This chapter may be called the "Landmark Preservation Ordinance." § 69-2. Declaration of policy; purpose. A. It is hereby declared as a matter of public policy that the protection, enhancement and perpetuation of sites, structures, objects and districts of historical , architectural or geographic significance located within the City of Fort Collins are a public necessity and are required in the interest of the prosperity, civic pride and general welfare of the people. B. The purposes of this legislation are to: (1) Designate, preserve, protect, enhance and perpetuate those sites, structures , objects and districts which reflect outstanding elements of the city' s cultural , artistic, social , economic, political , architectural , historic or other heritage. (2) Foster civic pride in the beauty and accomplishments of the past. (3) Stabilize or improve aesthetic and economic vitality and values of such sites, structures, objects and districts. (4) Protect and enhance the city's attraction to tourists and visitors. (5) Promote the use of outstanding historical or architectural sites, structures, objects and districts for the education, stimulation and welfare of the people of the city. (6) Promote good urban design. (7) Promote and encourage continued private ownership and utilization of such sites, structures, objects or districts now so owned and used, to the extent that the objectives listed above can be attained under such a policy. C. 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. § 69-3. Definitions. For the purposes of this chapter, the following terms shall have the meanings indicated: ALTERATION - Any act or process which changes one (1) or more of the exterior architectural features of a designated landmark structure or district. BOARD - Cultural Resources Board. CITY - City of Fort Collins, Colorado. CONSTRUCTION - The erection of any on-site improvements on any parcel of ground located within a landmark district or on a landmark site whether the site is presently improved or unimproved or the erection of a new principal or accessory structure on such property. DEMOLITION - Any act or process that destroys in part or in whole a landmark or a structure within a historic district. 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 appurtenant to said structure or improvement. IMPROVEMENT - 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 or LANDMARK DISTRICT - Any site, structure, object, or improvement and its surrounding environs or a group of sites, structures , objects or improvements, or both, and their surrounding environs: A. Which has a special character or special historic or aesthetic interest or value as part of the development, heritage or cultural characteristics of the city, state or nation. 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. D. 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 distinctive architectural style or which embodies those distinguishing characteristics of an architectural-type specimen or which is the work of an architect or master builder whose individual work has influenced the development of the city. 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 significance. 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 or object to a different location. REPAIR AND MAINTENANCE - Work done on a 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. STRUCTURE - That which is built or constructed; an edifice or building of any kind; or any piece of work artificially built up or composed of parts joined together in some definite manner. WORKING DAY - Any day except Saturday, Sunday and any national , state or local holiday (or day of observation) during which the office of the Building Inspector is not open for regular business. § 69-4. Landmark Preservation Commission. A. Creation. There shall be and hereby is created a Landmark Preservation Commission, hereafter called the "Commission." B. Composition. The Commission shall consist of seven (7) members. Appointments of regular members shall be for four-year terms. C. Appointments. ( 1) All appointments shall be made by the City Council . In making appointments to the Commission, the City 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 (1) or more of the following fields: architecture-landscape architecture, architectural history, structural engineering, general contracting, urban planning, mortgage lending, and commerce. (2) The City Council may advertise for candidates for the Commission for the purpose of making appointments and filling vacancies which occur from time to time. D. Officers and bylaws. The Commission shall elect a Chairman and such other officers other than a Secretary as it may require. The Commission shall make and adopt bylaws for governing its work, and it shall conduct its business in accordance with Robert ' s Rules of Order. All such bylaws shall be approved by the City Council by resolution before becoming effective. E. Meetings. The Commission shall conduct business at regular monthly meetings or at any special meeting as called by the Chairman. The bylaws shall specify the time for said regular monthly meetings. F. Quorum; action. No official business of the Commission shall be conducted unless a quorum of not less than four (4) members is present. The concurring 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 the City 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 by the City Council by resolution before becoming effective. § 69-5. Staff. The staff of the Commission shall consist of a Secretary and such other staff as may be authorized by the city. The Secretary shall be the custodian of the records of the Commission, shall handle official correspondence and shall generally supervise the clerical and technical work of the Commission. The Community Development Director shall act as secretary and staff liaison to the Commission. § 69-6. Standards for designation of sites, structures, objects and districts for preservation. A site, structure, object or district may be designated for preservation if it meets one (1) or more of the following criteria: A. Historical importance. The site, structure, object or district has character, interest or value as part of the development, heritage or cultural characteristics of the city, state or nation; is the site of an historic event with an effect upon society; is identified with a person or group of persons who had some influence on society; or exemplifies the cultural , political , economic, social or historic heritage of the community. B. Architectural importance. The site, structure, object or district portrays the environment of a group of people in an era of history characterized by a distinctive architectural style; embodies those distinguishing characteristics of an architectural -type specimen; is the work of an architect or master builder whose individual work has influenced the development of Fort Collins, or contains elements of architectural design, detail , materials or craftsmanship which represent a significant innovation. C. Geographic importance. The site, structure, object or district, 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 an historic, cultural or architectural motif; or, due to its unique location or singular physical characteristics, represents an established and familiar visual feature of the neighborhood, community or city. § 69-7. Procedure for designating sites, structures, objects and districts for preservation. A. Initiation of procedure. Whenever in the opinion of the Board, upon its own motion or upon application of any citizen of or owner of property in the city, a site, structure, object or district meets the criteria of a landmark or landmark district, the Board shall contact the owner or owners of such landmark or landmark district outlining the reasons and effects of designation as a landmark and, if possible, shall secure the owner's consent to such designation. If the 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 any owner does not consent to such designation of the property within fifteen (15) days from the date of receipt of the request for consent to designation, the Board, upon the affirmative vote of at least five (5) of its members, may proceed by officially adopting a resolution stating that the preliminary investigation by the Board indicates that the described property is eligible for designation as a landmark or landmark district and 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 specified 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 designation, the Board, upon the affirmative vote of a majority of the members present may adopt a resolution recommending to the City Council the designation of the landmark or landmark district without the necessity of notice and without the review by the Planning Office required by Subsection C of this section. All applications submitted in accordance with this section shall include a description of the property proposed for designation and a detailed outline of the reasons why such property should be designated and why the boundaries of said property should be determined as described 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 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 that recommendation for landmark designation is being considered by the Cultural Resources Board shall 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 district designations, such signs to be prominently displayed and easily readable from abutting public ways. (3) A legal notice indicating the nature of the hearings, the property involved and the time, date and place of the scheduled public hearing shall be published in a local newspaper of general circulation one time at least fifteen (15) days prior to the hearing. (4) Written notice of the proposed landmark designation, including the identification of the property, the basis for commencing with the designation procedure and the time, date and place of the hearing shall be given to the City of Fort Collins Planning Office, hereinafter called the "Planning Office," not later than thirty (30) days prior to the hearing. 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 Comprehensive 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 , rejection or modification of the proposed designation, and its recommendation shall contain a statement of the basis thereof . The recommendation shall be delivered to the Board in written form at or prior to the hearing. If the Planning Office fails to act within seven (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 Community Development Director. If the Planning Office fails to act within ten (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. Interim control . No building permit shall be issued by the building inspector for alteration, construction, relocation or demolition of a site, structure, or object under consideration for landmark designation or any site, structure or object within a district under consideration for landmark district designation from the date of the hearing of the board at which a designation is first presented for consideration of any kind until final disposition of the designation by the City Council unless such alteration, construction, relocation or demolition is authorized by resolution of the City Council as necessary for public health, welfare, or safety. In no event shall the delay in issuance of a building permit due to the provisions of this subsection be for more than one hundred eighty (180) days. E. 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 notified by the Board of any known shortage of sufficient members to conduct a hearing at least twenty-four (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 canceled and the designation procedure terminated. If any hearing is continued, the time, date and place of the continuation shall be established and announced to those present when the current 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 Subsection B(1) of this 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 establishing reasonable limits on the length of individual presentations. The hearings shall be recorded and transcripts provided to each Council member. Written presentations, including the report of the Planning Office, shall be included in the record of the hearing. F. Findings and recommendations of the Board. The Board shall act officially on each proposed designation within thirty-five (35) days of the hearing thereon. The Board may approve, reject or modify any proposal , but no proposal may be extended beyond the boundaries of the land described in the original resolution unless the initiation and hearing procedure is repeated for the enlarged boundaries. The Board shall set forth in its records the findings of fact which constitute the basis for its decision. If the Board fails to act within the thirty-five (35) day period, the designation shall be deemed to have been rejected and the designation procedure shall thereby be terminated. G. Transmittal to City Council . (1) Within fifteen (15) days after reaching its decision, the Board shall transmit to the City Council its recommendation on the designation of a landmark or landmark district, including the 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 no event may any property be added to the area described in the initiation resolution without instituting a new designation procedure. H. City Council action. Upon receipt of the recommendations 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 hearings on any proposed landmark or landmark district designation. I . Recording with County Clerk. Within fifteen (15) days of the effective date of an ordinance designating property as a landmark or landmark district, the City shall record among the real estate records of the Clerk and Recorder of the County of Larimer either: (1) A certified copy of the ordinance designating the specified property as a landmark or landmark district. (2) A notice stating that the specified property has been designated as a landmark or landmark district and citing the ordinance and the effective date 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. J. 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, alteration, relocation or demolition of improvements on such property. § 69-8. Amendment or recision of designation. A landmark or landmark district designation may be amended or rescinded in the same manner as the original designation was made. § 69-9. Construction, alteration, demolition or relocation of landmarks. A. Work requiring building permit. Action on an application for a building permit (including any permit for the demolition of a building) shall be deferred by the building inspector except as provided in subsection G, below, until the application is accompanied by a report of acceptability from the Commission for the proposed work when the proposed work involves any of the following: (1) Alteration or reconstruction of or addition to the exterior of any improvement which constitutes all or part of a landmark or landmark district. (2) Demolition or relocation of any improvement or object which constitutes all or part of a landmark or landmark district. (3) Construction or erection of or addition to any improvement upon any land included in a landmark district. In order to obtain a report of acceptability, the applicant shall submit the application for a building permit, including sketches, plans, and other requirements as determined by the commission, to the Commission through the Community Development Director. All such applications shall be reviewed by the Commission in two (2) phases to determine compliance with this chapter: conceptual review and final review. (1) Conceptual review. Conceptual review is an opportunity for applicants to discuss requirements, standards and policies that apply to landmarks or structures within a landmark district. Problems can be identified and solved prior to final review of the application. After review of the application by the commission, the Community Development Director shall furnish the applicant with written comments regarding the conceptual review. Conceptual approval of any proposed work may be limited to certain portions of the work as deemed appropriate by the commission. Conceptual approval does not guarantee final approval of any proposed work. If, upon review of the proposed work, the Commission determines that conceptual review is not necessary given the absence of a significant impact on the landmark or landmark district involved, it may be waived by the Commission and the Commission may then proceed to consider the proposed work on final review at the same meeting. (2) Final review. If an application (or parts thereof) is conceptually approved, it shall be finally reviewed by the Commission at a subsequent meeting of the commission. During final review, the Commission shall consider the application (or parts thereof that have received conceptual approval ) and any changes made by the applicant since conceptual review. B. Work not requiring building 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, restored, 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 Commission 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 proposed, together with such details as the Commission may require. C. Approval of proposed work. If upon receipt of an application for a building permit pursuant to subsection A, above, or upon receipt of an application pursuant to Subsection 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 applicant in writing by issuing a report of acceptability and shall affix its seal to the plans and specifications for the approved work. In the case of an application for a building permit, upon receipt of the Commission's report of acceptability and approved plans and specifications, the Building Inspector shall proceed with the review of the application for a building permit. No change which would defeat the purpose of this Chapter shall be made in an application for a building permit or the plans and specifications for the proposed work approved by the Commission without resubmittal to the Commission and approval of such changes in the same manner as the original application. In determining the decision to be made concerning the issuance of a report of acceptability, the Commission shall consider the following criteria: (1) The effect of the proposed work upon the general historical and/or architectural character of the landmark or landmark district. (2) The architectural style, arrangement, texture and materials of existing and proposed structures, and their relation to the structures in the district. (3) The effect 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 effect of the proposed work upon the protection , enhancement, perpetuation and use of the landmark or landmark district. (5) Such additional criteria, as established by the Commission, which it deems to be in the best interests of the city. D. Denial of building permit. If the proposed work is not approved by the Commission, the Building Inspector shall deny the application for the building permit and shall so advise the applicant. No reapplication shall be submitted pursuant to Section 69-9 under the original plans and specifications found unacceptable by the Commission except upon a showing of changed circumstances sufficient to justify the reapplication. E. Action of Commission on unacceptable proposed work. If the proposed work is not acceptable, the Commission, acting with all due diligence, shall explore with the applicant all means for substantially preserving the landmark or landmark district which 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. 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 acceptable to the applicant, 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 Poudre Fire Authority or any other public authority having the power to do so orders or directs the construction, reconstruction, alteration, repair, relocation or demolition of any landmark improvement for the purpose of remedying conditions determined by that officer, department or authority to be imminently dangerous 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 the proposed issuance of any such order or directive and may include in such order or directive any timely received requirements or recommendations of the Commission. H. Waiver of conditions. Upon a showing of substantial hardship and/or to protect against an arbitrary result, the Commission may waive such conditions and requirements as are set forth in this Chapter, provided that the spirit and purpose of the Chapter are not significantly eroded. I . Appeal of decisions. Decisions of the Commission regarding the acceptability of applications for building permits under Paragraph A of this section or applications for approval of work not requiring a building permit under Paragraph B of this section shall be considered "final decisions" within the meaning of Chapter 3A of this code and such decisions shall be subject to the right of appeal to City Council as set forth in said chapter. § 69-10. Extension of time limits. Any time limit set forth in this Chapter may be extended 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. § 69-11. Normal maintenance and repair. Nothing in this Chapter shall be construed to prohibit the accomplishment of any work on any landmark or in any landmark district which will neither change the exterior appearance nor the exterior architectural features of improvements or structures, nor the character or appearance of the land itself, and which is considered necessary as a part of normal maintenance and repair. § 69-12. Notification of state or national designation. The Community Development Director shall promptly notify the Board and Commission of any known national or state designations of landmarks or landmark districts within the City of Fort Collins. § 69-13. Violations and penalties. Any person, firm or corporation violating any provision of this Chapter shall be subject to the penalty provided in Section 1-23 of this Code. In case any building or structure is erected, constructed, reconstructed, altered, added to or demolished in violation of this Chapter, the city or any proper person may institute an appropriate action or proceeding to prevent such unlawful action. The imposition of any penalty hereunder shall not preclude the city or any proper person from instituting any proper action or proceeding to require compliance with the provisions of this Chapter and with administrative orders and determinations made hereunder. § 69-14. Severability. It is hereby declared to be the legislative intent that the several provisions of this chapter shall be severable in accordance with the provisions set forth below: 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 legislative 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. Introduced, considered favorably on first reading, and ordered published this 4th day of February, A.D. 1986, and to be presented for final passage on the 18th day of February, A.D. 1986. 1&11'��Cr ra '-01 Ic Mayor ATTEST: c City Clerk Passed and adopted on final reading this 18th day of February, A.D. 1986. Mayor ATTEST: City Clerk