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Draft Copy Title 10 Structures Ch. 13 Historic Preservation DRAFT COPY TITLE 10 STRUCTURES Chapter 13 Historic Preservation' 'Adopted by Ordinance No. 4721 and Ordinance No. Derived from Ordinance No. 4000. 10-13-1 Legislative Intent. (a) The purpose of this chapter is to promote the public health, safety, and welfare' by protecting, enhancing, and perpetuating buildings, sites, and areas of the city reminiscent of past eras, events, and persons important in local, state, or national history or providing significant examples of architectural styles of the past. It is also the purpose of this chapter to develop and maintain appropriate settings and environments for such buildings, sites, and areas to enhance property values, stabilize neighborhoods, promote tourist trade and interest, and foster knowledge of the city's living heritage. (b) The city council does not intend by this chapter to preserve every old building in the city but instead to draw a reasonable balance between private property rights and the public interest in preserving the city's cultural, historic, and architectural heritage by ensuring that demolition of buildings and structures important to that heritage will be carefully weighed with other alternatives and that alterations to such buildings and structures and new construction will respect the character of each such setting, not by imitating surrounding structures, but by being compatible with them. (c) The city council intends that in reviewing applications for alterations to and new construction on landmarks or structures in a historic district, the landmarks preservation advisory board shall follow relevant city policies, including, without limitation, energy-efficient design, access for the disabled, and creative approaches to renovation. (d) Because of the importance of preserving individually designated landmarks, the city council intends that owners of such landmarks maintain the exterior of such buildings and special features. Therefore, buildings in a historic district may be appropriate for landmark designation. 2A,Uh..._ AT..--. n_1....-... 9:76 r' 2d 1051 (5th Cir. 1975)eer-t den 426 U.S. 905 !1096\ 10-13-2 Definitions. The following terms used in this chapter have the following meanings unless the content clearly indicates otherwise: "Alteration" means any addition or modification of any portion of the exterior of a building or designated feature that changes the architectural style, arrangement, texture, or material of the building or feature or significantly changes the color;. Alteration includes. without limitation. the removal or replacement of historic building elements materials windows doors and porches if such HAX-SEH DRAFT.KQD_4.DOC I DRAFT COPY change, addition, or modification is visible from the public street, sidewalk, alley, or park. "Building" means any structure built for the support, shelter, or enclosure of persons, animals, or property of any kind. "Building site" means either a lot or a number of parcels that have merged together to form a single building site pursuant to subsection 9-3.1-2(d). building" ..lley, laeat "1 in a TD C GB lr BMS V RB 1 V BB2 V BB'S V BB1 B BB2 E, B3 -E, or- V g di street "Demolition" or "demolish" means an act or process which removes one or more of the followings, The shaded area illustrates the maximum amount that may be removed without constituting demolition. (a) Fifty percent or more of the roof area as measured in plan view (see diagram)a i (b) Fifty percent or more of the exterior walls of a building as measured contiguously around the "building coverage" as defined in Section 9-1-3, "Definitions," B.R.C. 1981, (see diagram); or HAMEH DRAP7.KQD_4.D0C 2 DRAFT COPY (c) Any exterior wall facing a public street, but not an act or process which removes an exterior wall facing an alley (see diagram). y 4) 1..1 Street A wall shall meet the following minimum standards to be considered a retained exterior wall: (1) The wall shall retain studs or other structural elements, the exterior wall finish, and the fully framed and sheathed roof above that portion of the remaining building to which such wall is attached; (2) The wall shall not be covered or otherwise concealed by a wall that is proposed to be placed in front of the retained wall; and (3) Each part of the retained exterior walls shall be connected contiguously and without interruption to every other part of the retained exterior walls. "Designated feature" means any structure org4pg-gbiect other than a building located on a landmark site or within a historic district that is identified in the ordinance designating the landmark site or historic district designation. as p.H4 of the This includes but is not limited to: environmental features memorials, sculptures, bridges, towers, signs, engineered products or items of natural substance. "Historic erseveration organization" means an organization with demonstrated experience and expertise in historic preservation that has been approved by the Landmarks Board. "Historic resource" means a district, site, building, or object that is significant to local, state or national history, architecture, engineering, archaeology or culture. "Plan view" means the view of a building from directly above which reveals the outer perimeter of the building roof areas to be measured across a horizontal plane. HAX6SEH DRAF-F,KQD_4.DOC 3 DRAFT COPY "Xhe -shaded area 411-Ir-4VA-ter-4 the maxiffwm amount that may be removed wMoat renstit"fing demolition as defined by this pFo3vbqi on 10-13-3 City Council may Designate Landmarks and Historic Districts. (a) Pursuant to the procedures in this chapter the city council may by ordinance: (1) Designate as a landmark an individual building or other feature or an integrated group of structures or features on a single lot or site having a special character and historical, architectural, or aesthetic interest or value and designate a landmark site for each landmark; (2) Designate as a historic district an area containing a number of buildings having a special character and historical, architectural, or aesthetic interest or value and constituting a distinct section of the city; (3) Designate as a discontiguous historic district a collection of sites, buildings, structures, or features which are contained in two or more geographically separate areas, having a special character and historical, architectural, or aesthetic interest or value that are united together by historical, architectural, or aesthetic characteristics; and (4) Amend designations to add or remove features or property to or from the site or district. (b) Upon designation, the property included in any such designation is subject to all the requirements of this code and other ordinances of the city. 10-13-4 Initiation of Designation for Individual Landmarks and Historic Districts. (a) Initiation. The decision by either the landmarks board or city council to initiate the designation of an individual landmark or historic district is legislative in nature. Designations or amendments to an individual landmark or historic district theFete-may be initiated by: (1) Resolution of the city council or the r:t y of Boulder r ....a.,,.fks u.°°°_v at:^fi A&i$efy Beard landmarks board; (2) The .e if ed application of the-all owners of the ^ pei4y to be design °a ° Asprooperties proposed for designation or their authorized agents; or (3) The verified application of afry an eFgamz an QF a group of property owners, with the consent of a minimum of twenty five percent of the properties which constitute building sites HAX-SEH DRAFr,KQD_4.DOC 4 DRAFT COPY within the proposed historic district.. or an application of gnv historic preservation organization. (b) Initiation Hearing. An application that is made by a historic preservation organization or by less that all of the property owners pursuant to Paragraph 10-13-4(al(3) B R C 1981 will be forwarded to the landmarks board to determine whether the application may be consistent with the purposes and standards in Sections 10-13-1. "Legislative Intent:" 10- 13-2. "Definitions." and 10-13-3. "City Council May Designate Landmarks and Historic Districts:" B.R.C. 1981. If council or the landmarks board determines to proceed with initiation of a district or individual landmark, they will initiate by resolution so lone as all other application requirements have been met. In determining whether to initiate the designation, the council or the landmarks board may consider, without limitation whether: 1) There is probable cause to believe that the building or district may be eligible for designation as an individual landmark or historic district consistent with the purposes and standards in Sections 10-13-1. "Legislative Intent;" and 10-13-3 "City Council May Designate Landmarks and Historic Districts." B.R.C. 1981: (2) There are currently resources available that the would allow the city manager to complete all of the community outreach and historic analysis necessary for the application: 3) There is adequate community support for the proposed designation• 4) The buildings or features may need the protections provided through designation• 5) The potential boundaries for the proposed district are appropriate 6) In balance, the proposed designation is consistent with the goals and policies of the Boulder Valley Comprehensive Plan: or (7) The proposed designation would be generally in the public interest. manager- appheatien with the eity thp, nampq Of all th@ EPA'RerS Of the prapei4y ifieluded in the proposed designation and an , C`..,. A 70 37 "ah"" :..C..'... .e.r by the beard, and the fee . L...,1 1. (c) Public Notice of Hearing to Consider Initiation: When the landmarks board or city council is to consider the initiation of or an amendment to a designation the city manager will provide or cause following notice to be provided: H:VbSEH DRAFr.KQD_4.DOC 5 DRAFT COPY 1 Mailing: A written notice descriptive of the initiation being considered and the date of the public hearing shall be sent by first class mail at least ten days before the date of the hearing to all owners of property for which the initiation i5 bein considered. (2) Publication: A notice will be published in a newspaper of -general circulation in the city at least ten days prior to the hearing and shall indicate the time. date. and place of the hearing and a brief explanation of the initiation being considered and its location. (3) Effect: The purpose of the notice provided in this subsection is to reasonably inform included property owners of a consideration of initiating designation, but no minor omission or defect in the notice or mailing shall be deemed to impair the validity of the proceedings to consider the designation application If at of prior to the public hearing an omission or defect in the mailed notice is brought to the attention of the landmarks board or city council. it shall determine whether the omission or defect impairs or has impaired a property owner's ability to participate in the public hearing, upon which finding it shall continue the hearing. Any omission or defect in the mailed notice that is not brought to the board or council's attention or that the board or council finds did not impair a surrounding property owner's ability to participate in the hearing shall not affect the validity of the initiation consideration proceedings. The My manager shall iietify all owners Of the pFopeft), ifieluded in the applieatiO14 of reseltftie proposed designatio . a nElffent e..« a ....1:eant that designation p eedi have been initiat (d) The landma-f l'a he ard shall d..re..,..:..a ..,h e«h.,.. ahe p '1 dea:..n..tion , an fe...... with rm rid arnndn.d..:.. -,S e, en.. 1!1 -1 -3 1 "R a :alatiye lnte " «d 10 1 Z Z "44 D C I P91 first ae« ...l e.... erhe.....:..e .rill., n eed . h., the hen~d the af)Blieant. and she. wunt-'r if Ath .its.... An'1:^e^ and ..,.l., a: e...... ^^d d:..a....fe. e "RqAl Within fe ,..a, ,rn . Of ;;VtiA;q ahR 1.,. ..,1 RhAll ..ate.. ahR :il Of ..:a.. f4144'e^ artiRn Tl`e head .d..411 nl^e nea: F., al.e ..lAnni heard of it. .al of disaBigre ,al of a e sal to designate an h:..ae.i r, dissf:..a red A^ e ..f propp.14.,:.,.d^de.4in ^ed de,.: ,...atie,. e..r n ppligAnr ghrn:fi a vreliFAinapi of the e la d 1 '1 1' -~-arwe5a « ~.~s - h ~a:rQ,,~~.r~ a~r~Een henfd MRAti^e The head shall ..:de.. aha rF-q--gs4 at .gh meeting. If rl.e heard der........:.nes that nil., e..ld 1`e ......r..,w, re the ..«n..dn..'4a o S p,otie^^ 1 11 1 '~ujglAt:.AIntPna' And In 11 4 "Git" !',...tea A,fa .Tle ..a,~ HAX-SEH DRAFT.KQD_4.DOC 6 DRAFT COPY r -Andmart. .,a Uiqtsfir;)iqtnrtq ' $ $ E 1981 it shall aaa-e •t^^ de i? r txr..t in «t,:r«., In...l...°rl,° t.ggd's a,.,.:sion Rn ;4 ""t to e,....t.t:..l. an t.:ggne hall review the propesal and fepog to the gg;'RQ-ARjj AR i ....I1vA L... «L.,. ,.:1 } Qeetie.. 7 2 7"R ....A.....a4c Preservation Advisefy D..ard ^ D D C 1981 OFdinanee No. 7213 (2002). 10-13-5 Public Process for Historic Districts. a) Public Process Required Prior to Landmarks Board Public Hearing: Once an application is certified as complete, the landmarks board will set a hearing within 120 days. The following process will be required prior to the hearing during the 120 day time period. 1) Information Distribution: Prior to the first public meeting, the city manager will make additional materials available to affected property owners including without limitation information on the history of the area proposed for designation, the history of individual properties proposed for designation, and information on the responsibilities, burdens, and benefits of designation. 2) Public Ming: The city manager will host a minimum of one meeting of the owners of properties within the proposed district to explain the responsibilities burdens, and benefits of designation Notification of the meeting will be sent by first class mail to the applicant and all owners of properties within the proposed district st ting the date, time and location of the meetings no less than ten days prior to the meeting. . 3) Design G idelines: The city manager will determine whether additional administrative regulations are appropriate in order to address unique or special conditions in the proposed historic district (Al If determined appropriate. the city manager will propose draft design gu delines for the review and comment of the landmarks board, the city council, and the public (B) The guidelines shall be presented at the hearing on the proposed de ignation before the landmarks board, and adopted if appropriate at a subsequent meeting after designation has occurred. H:V6SEH DRAFr.KQD 4.DOC 7 DRAFT COPY (4) Questionnaire: Following the completion of the steps described in Subsection 10- 13-5(c) B R C. 1981 above the city manager will send a questionnaire to each property owner of record within the proposed historic district by first class mail. A) For purposes of measuring property owner opinion, one questionnaire will be provided to each building site. B) The owner will have at least ten days from the mailing date to respond indicating no opinion, consent or objection to the designation. If applicable such owner may also provide comments on the proposed design guidelines. C) Any failure to send the questionnaire by mail to any property owner if the address of the owner is not a matter of public record does not invalidate any proceedings for the proposed designation D) Results of the questionnaire will be included in the landmarks board and city council record as part of any public hearing to consider the application. The questionnaire is to be used for informatjonal numoses only. (5) Any omission or defect in the public process described in this section that is not brought to the attention of the landmarks board or city council or that the board or council find did not impair a property owner's ability to participate in the hearing, shall not effect the validity of the initiation consideration proceedings. 10-134_9¢ Public Hearing before the Landmarks Board. (a) Hearing Required: After completion of the steps required in Sections 10-13-4. and 10-13-5, " " B.R.C. 1981, Tthe city manager shall promptly refer to the landmarks board any application or resolution for designation or amendment of a landmark or historic district. The landmarks board shall hold a public hearing on the proposal, under the procedures prescribed by Chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981, no fewer than thirt-y-sixty days or more than &k4yone hundred twenty days after the application is f-i}ed certified as complete by staff or the initiating resolution is adopted. (b) Notice of Hearing: The crt manager will provide the following notice: 11 Publication: Notice ' ' ° of the time, date, place, and subject matter of the hearing in a newspaper of general circulation in the city at least ten days before the date of the hearing. Mail and Posting: At least fifteen days before the hearing date, the manager shall also: HAX,SEH DRAFCKQD 4.DOC 9 DRAFT COPY (A-1) Post the property in the application indicating that landmark or historic district designation or amendment has been requested; and (B-2) Mail written notice of the hearing to the record owners of the property included in the proposed designation or amendment, except the applicant. (b3) Effect: ....e.:ca,,,...,,,,. °c 1, not a matter of public Feeard does not invalidate any a proposed designatioii- The puroose of the notice provided in this subsection is to reasonably inform included property owners of a designation application, but no minor omission or defect in the notice or mailing shall be deemed to impair the validity of the proceedings to consider the designation application. If at or prior to the public hearing an omission or defect in the mailed notice is brought to the attention of the landmarks board, it shall determine whether the omission or defect impairs or has impaired a property owner's ability to participate in the public hearing. upon which finding it shall continue the hearing on the designation for at least ten days. Any omission or defect in the mailed notice that is not brought to the landmarks board's attention or that the board finds did not impair a surrounding propert y owner's ability to participate in the hearing shall not affect the validity of the designation proceedings. (c) Criteria for Review The landmarks board shall determine whether the proposed designation conforms with the purposes and standards in Sections 10-13-1, "Legislative Intent," and 10- 13-3, "City Council May Designate Landmarks and Historic Districts," B.R.C. 1981. Within #4fty- brt -five days after the hearing date first set, the he ph nt and the ev,ner is a` the applioatit, the board shall adopt beard, specific written findings and conclusions approving, modifying and approving, or disapproving the proposal. Within €ouftee i- hirty days of its action, the board shall notify the city council of any decision disapproving a designation or shall refer a proposal that it has approved to the council for its further action. The time requirements of this subsection may be waived if mutually agreed upon by the board, the applicant. and the owner, if other than the ap .J c~ic-p~a~~rrsn6°clm'cvrrTaupPr°Tar°rar~cPPrv~mvr a proposal to designate an histerie distFiet. (d) owner - pr-epett~ inciuded in a pr-eposed designatien exeept an Y applieant, °7 °YF J 1.~ ..1 1,. «7`° landmark hA I 'A, r a ,1 1. I b fitten request •1.,. ..L..« to the eity manager at least seven Elays befaFe any fegular beafd meeting. The beafd shall eensider the at eh ...eeti,". if the beard '1°a°".,:"'... h Elesignation of the p pe ft., ,.1„ 1 request VORI-11 hp, esn1=° f~, to the stars, aFEls pf:es,.nbed by Sections 10 13 1, "legislative latent," and 10 13 "Eity Gouneil May Designate Landnadis aRkA 44isterR BrsE>~ct~, 13-F,C-. 1981-n designation shall disappr-Ewe the HAX-SEHDKAFT.KQV 4.DOC 9 DRAFT COPY Within days ...............¢,-[v-establish -,in-rrr~xo,ic use impheations. (€e) Final Decision: A decision of the landmarks board disapproving a proposed designation or amendment is final unless appealed to or called up by the city council. 10-13-67 Council Ordinance Designating Landmark or Historic District. (a) City Council Hearing. Notice: Within aety one hundred days after the date of any decision of the landmarks board recommending approval of a proposed designation or amendment of a landmark or historic district, the city council shall hold a public hearing on the proposal under the procedures prescribed by Chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981. The city manager shall publish notice of the time, date, place, and subject matter of the hearing in a newspaper of general circulation in the city at least ten days before the hearing. (b) Findings: Within thift-y-forty-five days after the hearing date prescribed by subsection (a) of this section, unless otherwise mutually agreed upon by the city council, the applicant, and the owner, if other than the applicant, the city council shall adopt specific written findings and conclusions. The findings and conclusions will address whether the designation meets the purposes and standards in Subsections 10-13-1(a) and (d) and Section 10-13-3, "City Council May Designate Landmarks and Historic Districts," B.R.C. 1981, in balance with the goals and policies of the Boulder Valley Comprehensive Plan. The city council shall approve by ordinance, modify and approve by ordinance, or disapprove the proposed designation. (c) Ordinance Designating Landmark or District: In each ordinance designating a landmark or historic district, the city council shall include a description of characteristics of the landmark or district justifying its designation, a description of the particular features that should be preserved, and the location and boundaries of the landmark site or district. The council may also indicate alterations that would have a significant impact upon or be potentially detrimental to the landmark site or the district. (d) Notice of Designation: When the city council has designated a landmark or historic district, the city manager shall promptly notify the owners of the property included therein and &ha}1 reeaFd-a copy of the designating ordinance may be recorded in the office of the Boulder County Clerk and Recorder. 10-1348 Appeal or Call Up of Disapproved Proposals. (a) Owner Anneals: The owners of property proposed to be designated as a landmark or all the owners of at least twenty-five percent of the separate parcels of property proposed to be designated as an historic district may appeal to the city council a decision of the landmarks board disapproving a proposal by filing a notice of appeal with the council within €Rugeea twenty-one days of the decision of the landmarks board'~~ eff. H:bX-SEH DRAFCKQD,_4.D0C 10 DRAFT COPY (b) City Council Call Un: The city council may call up for review any proposal disappr-E) bydisaonroval decision of the landmarks board by ser i°gg written notise. en the hp°-a w:thin twenty enefortv-five days of the board's decision. (c) Hearing Required. Within sixty--seventy-five days of the date of any decision of the landmarks board disapproving a proposed designation of a landmark or historic district that has been appealed to or called up by the city council, the council shall hold a public hearing under the procedures prescribed by Chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981. The city manager shall publish notice of the time, date, place, and subject matter of the hearing in a newspaper of general circulation in the city at least ten days before the hearing and shall mail such notice at least fifteen days before the hearing to the record owners of all the property included in the proposed designation, except an applicant. (d) Notice of Hearing: Within thirty-forty-five days after the hearing date prescribed by subsection (c) of this section, unless otherwise mutually agreed upon by the city council and the owner, the council shall adopt specific written findings and conclusions which addresses dete»rg whether the designation meets the nurooses and standards prescribed by Subsection 10-13-7(b). " B.R.C. 1981. Sections 10-13-1, "Legislative Intent," and 10-13-3, "City Council May Designate Landmarks and Historic Districts," B.R.C. 1981, and shall approve by ordinance, modify and approve by ordinance, or disapprove the proposed designation. 10-13-28 Limitation on Resubmission and Reconsideration of Proposed Designation. Whenever the landmarks board or city council disapproves a proposed designation, no person shall submit an application that is the same or substantially the same for at least one year from the effective date of the final action on the original proposal. 10-13-914 Amendment of Designation. Designations of a landmark or historic district may be amended to add or remove features or property to the site or district under the procedures prescribed by Section 10-13-4, "Ia4iatietre€Designation of Landmarks," 10-13-5, "Publie Hearing ` e fave the I ^^am^-v^ n^^^'Designation of Historic Districts," 10-13-6, "Council Ordinance Designating Landmark or Historic District," 10-13-7, "Appeal or Call-Up of Disapproved Proposals," and 10-13-8, "Limitation on Resubmission and Reconsideration of Proposed Designation," B.R.C. 1981, for initial designations. Whenever a designation has been amended, the city manager shall promptly notify the owners of the property included therein and shall reeard a copy of the amending ordin ne-L may be recorded with the Boulder County Clerk and Recorder. 10-13-101 -Revocation of Designation. (a) If a building or speejaldesignated feature on a designated landmark site or located within a historic district was lawfully removed or demolished-, the owner may apply to the landmarks board for a revocation of the designation. H:VX-SEH DRAFT.KQD_9.D0C II DRAFT COPY (b) The board sk ggmy revoke a landmark or historic designation if, after following the procedures prescribed by Section 10-13-5, "Public Hearing before the Landmarks Board," B.R.C. 1981, it determines that wit` gut the Elemelished builEling, or feat,,..e the ivkeiethe property or historic district -no longer meets the purposes and standards of Sections 10-13-1, "Legislative Intent" and 10-13-3, "City Council May Designate Landmarks and Historic Districts," B.R.C. 1981. If the request is to revoke the designation of a portion of an individual landmark or a historic district the board shall also determine that the revocation will not adversely impact the integrity of the remainder of the property or the district and that the remainder will still meet the purposes and standards prescribed by Subsection 10-13-7(b). B.R.C. 1981 and Sections 10-13-1. "Legislative Intent," and 10-13-3. "City Council Mav Designate Landmarks and Historic Districts" B.R.C. 1981 (c) Revocation of a designation is final unless called up by or appealed to the city council under the procedures prescribed by Section 10-13-78, "Appeal of Call-Up of Disapproved Proposals," B.R.C. 1981. (d) The city manager mayshaR record notice of the revocation as prescribed by Section 10-13-76, "Council Ordinance Designating Landmark or Historic District," B.R.C. 1981. 10-134412 Construction on Proposed Landmark Sites or in Proposed Districts. (a) No permit shall be issued to construct, alter, remove, or demolish any structure or other feature on a proposed landmark site or in a proposed historic district after an application has been filed by an owner or after the date as applieatteelandmarks board or city council -has been °iled-ei-approved a resolution adepted-to initiate initiating the designation of such landmark site epdi4rie -under Section 10-13-4_Ua , "Application and Initiation" or district under 10-13-15(b). Application and Initiation of Designation," B.R.C. 1981. No such permit application filed after such date will be approved by the city manager while proceedings are pending on such designation unless the applicant obtains an alteration certificate pursuant to Sections 10-13-13, "Landmark Alteration Certificate Application," 10-13-14, "Staff Review of Application for Landmark Alteration Certificate," 10-13-15, "Landmark Alteration Certificate Hearing," 10-13-16, "Call-Up by City Council," 10-13-17, "Issuance of Landmark Alteration Certificate," and 10-13-18, "Standards for Landmark Alteration Certificate Applications," B.R.C. 1981. But Jf one hundred eighty days have elapsed from the date of the initiation of the designation and final city council action has not been completed, the manager shall approve the permit application. (b) No permit shall be issued for demolition, moving, or removal of any building over fifty years old, unless the conditions of Section 10-13-23, "Review of Permits for Demolition, Moving, and Removal of Buildings," B.R.C. 1981, have been satisfied. (c) Nothing in this chapter shall be deemed to apply to the construction or alteration of a structure or other feature on a landmark site or in an historic district if a permit for such work was issued before the final city-eoune-il initiation action on the designation of the landmark site or historic district. S-, such permit i-,must be valid and current, and the construction is H:~XSEH DRAFr.KQD }.DOC 12 DRAFT COPY commenced as required by the city building code, Chapter 10-5, "Building Code," B.R.C. 1981, and diligently prosecuted to completion hereundertff. 10-13-123 -Landmark Alteration Certificate Required. (a) No person shall carry out or permit to be carried out on a designated landmark site, on a designated feature, or in a designated historic district- a ydistrict anv of the following without first obtaining a landmark alteration certificate: (1) new construction, alteration, removal, or demolition of any building; (2) new construction, alteration, removal, or demolition of any designated feature; (3) new construction, alteration, removal or demolition of any fence or other landscape features, including, without limitation, any deck, patio, wall, berm, garden structure, water feature, exterior lighting, curb cut, driveway, replacement of sod with a hard surface, or any landscaping that has the potential for damaging buildings or designated features; and (4) any activity requiring a building permit pursuant to this code, except for building permits required for interior work on a building. (b) In addition to the requirements set forth in subsection (a) above, applicants must also obtain all necessary permits for the proposed work under this chapter as well as any other permits required by this code or other ordinance of the city. (c) The building and zoning divisions shall maintain a current record of all designated landmark sites and historic districts and pending designations. If the building division receives an application for a permit to carry out any new construction, alteration, removal, or demolition of a building or other designated feature on a landmark site or in an historic district or in an area for which designation proceedings are pending, the building division shall promptly forward such permit application to the planning department. (d) The city manager shall review any permit application the manager receives to determine whether a landmark alteration certificate for the work proposed in the permit application has been issued and whether the permit application conforms to the certificate. If a certificate has been issued on the permit application and the proposed work conforms thereto, the manager shall refer the permit application to the building division, which shall process it without further reference to this chapter. If no certificate has been issued, or if in the sole judgment of the manager the permit application does not conform to the certificate, the manager shall disapprove the permit application and shall not issue it until a certificate has been issued and the permit application conforms thereto. HAX-SEH DMFr.KQD 4.DOC 13 DRAFT COPY 10-13-134 -Landmark Alteration Certificate Application. An owner of property designated as a landmark, or located in an historic district, er-a prepesed landmark or located in a proposed landmark or proposed historic district, may apply to the city manager for a landmark alteration certificate; on forms prescribed by the at manager. Such forms shall include and ineluding all information that the manager and the landmarks board determine is necessary to consider the application, including, without limitation, plans and specifications showing the proposed exterior appearance, with color, texture, materials, and architectural design and detail, and the names and address of the abutting property owners. 10-13-145 Staff Review of Application for Landmark Alteration Certificate. (a) The city manager and two designated members of the landmarks board shall review all applications for landmark alteration certificates for alterations to buildings or special features and determine within fourteen days after a complete application is filed whether or not the proposed work would have a significant impact upon or be potentially detrimental to a landmark site or historic district. (1) If they determine that there would no significant impact or potential detriment, the manager shall issue a certificate to the applicant and shall notify the city council and the applicant of such issuance. (2) The above notwithstanding, the manager may review without the two landmarks board designees any application that seeks only approval of certain common types of alterations that have been identified by the board through a regulation as being very familiar to the manager; and, if the manager determines that there would be no significant impact or potential detriment from the alteration, then the manager shall issue a certificate to the applicant and shall notify the city council and the applicant of such issuance. (3) If either the manager or one of the landmarks board designees determines that the proposed work would create a significant impact or potential detriment, they shall refer the application to the landmarks board for a public hearing and shall promptly notify the applicant of the referral. (b) The landmarks board shall hold a public hearing on all applications for landmark alteration certificates for new construction, removal, or demolition of a designated landmark structure or a structure within a historic district, except that an application for construction of a one- story above grade a~°!?rade accessory building or structure with a total floor area of 340 square feet or less may be approved by the manager and two landmarks board designees without a public hearing. 10-13-15¢ Landmark Alteration Certificate Hearing. HAX-SEH DRAFr.KQD_4.DOC 14 DRAFT COPY (a) The landmarks board shall hold a public hearing on an application for a landmark alteration certificate, as prescribed by Section 10-13-14, "Staff Review of Application for Landmark Alteration Certificate," B.R.C. 1981, within s4ty-forty-five days after f~etedan application is certified as complete by the city manager; as,-f„ed, under the procedures prescribed by Chapter 1-3, "Quasi-Judicial Hearing," B.R.C. 1981. (b) The city manager shall publish notice of the time, place, and subject matter of such hearing in a newspaper of general circulation in the city at least ten days before the hearing. At least fifteen days before the hearing date, the manager shall also: (1) Post the property in the application to indicate that a landmark alteration certificate has been requested for alteration, new construction, removal, or demolition; and (2) Mail written notice to the record owners of all property that is the subject of the application and, if the subject property is in an historic district, to abutting property owners and to those neighborhood representatives or associations on file with the planning department. (c) The landmarks board shall determine whether the application meets the standards in Section 10-13-18, "Standards for Landmark Alteration Certificate Applications," B.R.C. 1981. Within *iFty-forty-five days after the hearing date first set, unless otherwise mutually agreed upon by the board and applicant, the board shall adopt written findings and conclusions. The board shall either approve or disapprove the application in whole or in part or suspend action on the application for a period not to exceed one hundred eighty days. If the board decides to suspend action on an application, it may not thereafter disapprove the application. The board shall notify the city council in a timely manner of its decision or suspension of action on an application for a landmark alteration certificate. (d) If the landmarks board suspends action on an application, the board may take any action that it deems necessary and consistent with this chapter to preserve the structure, including, without limitation, consulting with civic groups, public agencies, and interested citizens; recommending acquisition of the property by private or public bodies or agencies; and exploring the possibility of moving the structure. (e) A decision of the landmarks board approving, disapproving, or suspending action on an application for a landmark alteration certificate is final unless called up by the city council as provided in Section 10-13-16, "Call-Up by City Council," B.R.C. 1981. 10-13-167 Call-Up by City Council. (a) The city council may call up for review any decision of the landmarks board approving, or suspending action on a landmark alteration certificate application by serving written notice on the board within fourteen days of the board's decision and notifying the applicant of the call-up. It may call up for review any decision of the landmarks board disapproving a landmark alteration certificate within thirty days of the HAX-SEH DRAFi.KQD 4.DOC 15 DRAFT COPY board's decision and notifying the applicant of the call-up. If the city manager finds in writing within the original call-up period that the council did not receive notice of a decision of the board in time to enable it to call up the decision for review, then the manager may extend the call-up period until the council's next regular meeting. (b) Within st*ty-forty-five days after the date of a decision by the landmarks board called up by the city council, the council shall hold a public hearing under the procedures prescribed by Chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981, after publishing notice of the time, date, place, and subject matter of the hearing in a newspaper of general circulation in the city at least ten days before the hearing. (c) Within thirty days after the hearing date first set, unless otherwise mutually agreed upon by the city council and the applicant, the council shall adopt written findings and conclusions approving or disapproving the application. In cases of a call-up of a landmarks board decision suspending action on an application, the council may reduce the suspension or extend it up to one hundred eighty days from the date of the council decision. In cases of a call-up of a landmarks board approval of an application following the board's suspension of action, the council may approve or disapprove the application. 10-13-17$ Issuance of Landmark Alteration Certificate. (a) Issuance of Alteration Certificate. The city manager shall issue a landmark alteration certificate if: (1) An application has been approved by the landmarks board or the city council; or (2) The board or the council on appeal has suspended action on the application and the suspension period has expired. (b) Expiration, Initial Approval and Extensions for Alteration Certificates. A landmarks alteration certificate shall remain valid, in accordance with the following: (1) Expiration Period. An approved alteration certificate will be valid for purposes of applying for a building permit for a period not to exceed one hundred eighty days from the date of issuance of the alteration certificate. An alteration certificate shall expire if a building permit has not been applied for one hundred eighty days from the date such alteration certificate is approved. If an alteration certificate expires, a new alteration certificate shall be first obtained before an applicant may apply for a building permit. (2) Initial Approval Period. The approving authority under Sections 10-13-14, "Staff Review of Application for Landmark Alteration Certificate," 10-13-15, "Landmark Alteration Certificate Hearing," and 10-13-16, "Call-Up by City Council," B.R.C. 1981, may extend the initial approval period for a length of time greater than one H:XSEH DRAFI'.KQD_4.DCC 16 DRAFT COPY hundred eighty days upon a showing of good cause as to why additional time is necessary to apply for building permits. (3) Extensions. Any person holding an unexpired alteration certificate may apply for an extension of the time within which to apply for a building permit under that alteration certificate when such person is unable to commence work within the time required by this section. The city manager may extend the time for action by the applicant for a period not exceeding one hundred eighty days on written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No alteration certificate shall be extended more than once. (c) Denial - Subsequent Application. If the landmarks board or city council disapproves an application for a landmark alteration certificate, no person may submit a subsequent application that is substantially similar to the original application for the same construction, alteration, removal, or demolition within one year from the date of the final action upon the earlier application. 10-13-189 _-Standards for Landmark Alteration Certificate Applications}. (a) The landmarks board and the city council shall not approve an application for a landmark alteration certificate unless each such agency finds that the proposed work is consistent with the purposes of this chapter. (b) Neither the landmarks board nor the city council shall approve a landmark alteration certificate unless it meets the following conditions: (1) The proposed work preserves, enhances, or restores and does not damage or destroy the exterior architectural features of the landmark or the subject property within an historic district; (2) The proposed work does not adversely affect the special character or special historical, architectural, or aesthetic interest or value of the landmark and its site or the district; (3) The architectural style, arrangement, texture, color, arrangement of color, and materials used on existing and proposed structures are compatible with the character of the existing landmark and its site or the historic district; and (4) With respect to a proposal to demolish a building in an historic district, the proposed new construction to replace the building meets the requirements of paragraphs (b)(2) and (3) of this section. (c) In determining whether to approve a landmark alteration certificate, the landmarks board shall consider the economic feasibility of alternatives, incorporation of energy-efficient design, and enhanced access for the disabled. H:O65EH DRAFi.KQD_4.DOC 17 DRAFT COPY } 10-134920-Unsafe or Dangerous Conditions Exempted. Nothing in this chapter shall be construed to prevent any measures of construction, alteration. removal, or demolition necessary to correct the unsafe or dangerous condition of any structure, other feature, or parts thereof where such condition is declared unsafe or dangerous by the city building or zoning division or fire department and where the proposed measures have been declared necessary by the city manager to correct the condition, as long as only such work that is absolutely necessary to correct the condition is performed. Any temporary measures may be taken without first obtaining a landmark alteration certificate under this chapter, but a certificate is required for permanent alteration, removal, or demolition. 10-13-201-Property Maintenance Required. (a) The city council intends to preserve from deliberate or inadvertent neglect the exterior portions of designated landmarks and all interior portions thereof whose maintenance is necessary to prevent deterioration of any exterior portion. No owner, lessee, or occupant of any landmark shall fail to prevent significant deterioration of the exterior of the structure or speeW-designated feature beyond the condition of the structure on the effective date of the designating ordinance. (b) No owner, lessee, or occupant of any landmark or structure designated feature in an historic district shall fail to comply with all applicable provisions of this code and other ordinances of the city regulating property maintenance, including, without limitation, weed control', garbageZ, and housing;. (c) Before the city attorney files a complaint in municipal court for failure to maintain the property on the landmark site or within an historic district, the landmarks beard board orcity manager shall notify the property owner, lessee, or occupant of the need to repair, maintain, or restore the property, sliall Assist the R;Offler, lessee, or meupant in deteFfflining how to and shall give the owner a reasanable44ne-minimum of thirty days to perform such work. 'Chapter 6-2, "Weed Control," B.R.C. 1981. 2Chapter 6-3, "Garbage," B.R.C. 1981. ;Chapter 10-2, "Housing Code," B.R.C. 1981. 10-13-2-12 Recognition of Structures of Merit. (a) Pu pose. The landmarks board may approve a list of structures of historical, architectural, or aesthetic merit that have not been designated as individual landmarks, to which the board may add to from time to time, in order to recognize and encourage the protection, H:06SEH DRAF .KRD_4.DOC 18 DRAFT COPY enhancement, and use of such structures. Nothing in this chapter shall be construed to impose any additional regulations or controls upon structures of merit included on the list. (b) Application. An application for recognition as a structure of merit may be submitted by the property owner or by the landmarks board. (c) Procedure. The city manager shall refer to the landmarks board any application or resolution for the recognition of a structure of merit. (d) Criteria for Recognition. The landmarks board may recognize a structure as a structure of merit if the structure is of historical, architectural, or aesthetic merit. (e) Record of Historic Structures. The landmarks board shall maintain a record of historic structures in the city that have been officially designated as such by agencies of the state or federal government and shall add such structures to the list authorized by subsection (a) of this section. (f) Recognition by Landmarks Board. The landmarks board may authorize such steps as it deems desirable to recognize the merit of and to encourage the protection, enhancement, perpetuation, and use of any such listed structure or of any designated landmark or any structure in a designated historic district by, without limitation, issuing certificates of recognition and authorizing plaques to be affixed to the exteriors of such structures. The board shall cooperate with appropriate state and federal agencies in such efforts. (g) Recommendations for Historical Names. The landmarks board may recommend that the city council and any other appropriate agency give historical names from Boulder's history to streets, squares, walks, plazas, and other public places. 10-13-223 Enforcement and Penalties. (a) No person shall violate or permit to be violated any of the requirements of this chapter or the terms of a landmark certificate. 1Except in the case of a violation of Section 10-13-24 "Review of Permits for Demolition Moving and Removal of Non-Landmarked Buildings Over 50 Year,,; of Age and Not Located in a Historic District" B.R.C. 1981, no municipal summons or complaint may be issued charging a violation of this chapter or the terms of a landmark alteration certificate unless the alleged violation has not been corrected within thirty days after the city manager has delivered notice thereof personally or mailed by regular mail to the last address of the owner of the property listed in the records of the Boulder Count Assessor. Tlt:s notie requirement does not apply t ..ehtions of seetio 10 13 23, "Review of Pel:m:t° f..r Demolition, TRoyin° and D.....oyal of Buildings," O D 1991 (b) Violations of this chapter are punishable as provided in Section 5-2-4, "General Penalties," B.R.C. 1981, except that the penalty for the unlawful demolition of a building in violation of Section 10-13-12, "Landmark Alteration Certificate Required," or Section 10-13-23, "Review of Permits for Demolition, Moving, and Removal of Buildings," B.R.C. 1981, is a fine of not HAX-SEH DRAFT.KQD_4.DOC 19 DRAFT COPY more than $5,000.00 per violation or incarceration in jail for not more than ninety days or both such fine and incarceration. (c) In addition to any other remedies prescribed by this chapter or by this code or other ordinance of the city, the city attorney, acting on behalf of the city council, may maintain an action for an injunction to restrain or correct any violation of this chapter. 10-13-234 Review of Permits for Demolition, Moving, and Removal of Buildings N(A i n (a) Purpose: The purpose of the review of permit applications for demolition, moving, and removal of buildings that are over fifty years old is to prevent the loss of buildings that may have historical or architectural significance. The purpose of this section is also to provide the time necessary to initiate designation as an individual landmark or to consider alternatives for the building. (b) Permit Requirement: No person shall demolish, move, or remove any building which is over fifty years old without first applying to the city manager for a permit under this section, receiving the permit, and conducting the demolition, moving, or removing of the building before the permit expires. The application and permit shall be in addition to any application or permit required under Chapter 10-5, "Building Code," B.R.C. 1981, and shall be on a form provided by the city manager, although the manager may combine the application and permit with any other form or permit at the manager's discretion. An applicant for a permit under this section shall pay the fee prescribed by Section 4-20-37, "Historic Preservation Application Fees," B.R.C. 1981, prior to the initial review and the landmarks board public hearing review, if the additional review is required. In the event that an initial stay is imposed, the time requirements of this section shall be tolled until such public hearing review fee has been paid. (c) Demolition Determination: The city manager will determine if demolition review under this section is required by examining building permit applications for buildings described in subsection (b) above. A proposed action that meets the definition of "demolition " or "demolish " in Section 10-13-2, "Definitions," B.R.C. 1981, shall be subject to the review process required by this section. (d) Initial Review: The eitymanager and .we designated ,.,...he;.. R fthe i^^a-^^_i.^ ti8°-a ^h ^n Fi' Q. The initial review shall be-cempkEedoccur within fourteen days after the city manager accepts a completed permit application to determine whether there is probable cause to believe that the building may be eligible for designation as an individual landmark consistent with the purposes and standards in Sections 10-13-1, "Legislative Intent," and 10- 13-3, "City Council May Designate Landmarks and Historic Districts," B.R.C. 1981. 1) Staff Review: The city manager may review permits for buildings constructed during or after 1940. If the city manager determines that there would be no H:V(.SEH DRAFT.KQD_4.D0C 20 DRAFT COPY significant impact or potential detriment to the historic resources of the city, the permit shall be issued if all other requirements of the permit process have been met If the city manager determines that there is probable cause to believe that the building may be eligible for designation as an individual landmark, the issuance of the permit shall be staved for up to sixty days from the date that a completed application is accepted by the city manager and the permit shall be referred to the landmarks board for a public hearing. A copy of this determination. including the reasons why the building may be eligible for designation, shall be provided to the property owner within fourteen days of the determination. (21 Committee Review: The city manager and two designated members of the landmarks bo4rd shall review all permit application for buildings built prior to 1940 iffy applieation within tK:`ty days afterthe :ty manager or pt° «.r.J ..ed e„it applievAien, the a shall isstie the p°fflit if all oche` `equi..°` eats of the . ffeeess have been met- (e) c _ -f ne_mit n :e eta.. ,.f he issua°e° of a n°....a. If the city manager and two designated members of the landmarks board unanimously determine that there would be no significant impact or potential detriment to the historic resources of the city, the city manager shall issue the permit if all other requirements of the permit process have been met. If the city manager or one of the two designated members of the landmarks board determines that there is probable cause to believe that the building may be eligible for designation as an individual landmark, the issuance of the permit shall be stayed for up to sixty days from the date that a completed application is accepted by the city manager, and the permit shall be referred to the landmarks board for a public hearing. A copy of this determination, including the reasons why the building may be eligible for designation, shall be provided to the property owner within fourteen days of the determination. (e€) Notice of Public Hearin : The city manager shall publish notice of the time, place, and subject matter of the public hearing before the landmarks board in a newspaper of general circulation in the city at least ten days before the heating. At least €i€teee ten days before the hearing, the city manager shall also: (1) Post the property subject to the application to indicate that a permit review appeal has been requested; and (2) Mail written notice to the record owners of the property subject to the application. If the address of the property owner is not a matter of public record, any failure to send notice by mail does not invalidate any proceedings on the permit application. (fg) Landmarks Board Public Hearings on Permits: The landmarks board shall hold a public hearing on the permit application within sixty--seventy-five days after the city manager accepts a completed application, pursuant to the procedures prescribed by Chapter 1-3, H:\X-SEH DRAFT .KQD4.DOC 21 DRAFT COPY "Quasi-Judicial Hearings," B.R.C. 1981. If the landmarks board fails to hold a public hearing within 4*tE ,seven[v-five days after the city manager accepts a completed permit application, the city manager shall issue the permit if all other requirements of the permit process have been met. The landmarks board shall consider and base its decision based upon any of the following criteria: (1) The eligibility of the building for designation as an individual landmark consistent with the purposes and standards in Sections 10-13-1, "Legislative Intent," and 10-13-3, "City Council May Designate Landmarks and Historic Districts," B.R.C. 1981; (2) The relationship of the building to the character of the neighborhood as an established and definable area; (3) The reasonable condition of the building; and (4) The reasonable projected cost of restoration or repair. In considering the condition of the building and the projected cost of restoration or repair as set forth in subparagraphslf -(3) and D(4) above, the board may not consider deterioration caused by unreasonable neglect. (41) Decision of the Landmarks Board: If the landmarks board finds that the building to be moved, removed, or demolished does not have historical significance under the criteria set forth in subsection (g) above, the city manager shall issue a permit if all other requirements of the permit process are met. If the board finds that the building may have historical significance under the criteria set forth in subsection (g) above, the application shall be suspended for a period not to exceed one hundred eighty days from the date the permit application was accepted by the city manager. (ih) One Hundred Eighty Day Stay Period: During the period of a stay of the issuance of a permit for demolition, moving, or removal, the landmarks board may take any action that it deems necessary and consistent with this chapter to preserve the structure, including, without limitation, consulting with civic groups, public agencies, and interested citizens; recommending acquisition of the property by private or public bodies or agencies; exploring the possibility of moving buildings that would otherwise be demolished; and salvaging building materials. If individual landmark or district designation has not been initiated during the one hundred eighty day period, the city manager shall issue a permit if all other requirements of the permit process have been met. qj) Record of Demolished and Moved Properties: Prior to the issuance of a permit for demolition, moving, or removal, the city manager may require the applicant to provide information about the building, including, without limitation, the date of original construction, significant events and occupants, architectural features, and a description of the HAMEH DRAFT KQD_4.DOC 22 DRAFT COPY building through photographs, plans, and maps. The city manager will determine where the documentation is to be deposited. (1Ej) Expiration: Any approval pursuant to this section shall expire one hundred eighty days after such approval is made if the work authorized by such permit has not commenced. A decision or failure to take action by the city manager and two members of the landmarks board pursuant to subsection (de) above, or by the r ^^dmar-v° n.egervatia A dvisef , Beardlandmarks board pursuant to subsection (hg) above, shall be considered an approval. 10-13-245 Landmarks ° -eserwat4on ise- Board and City Manager Authorized to Adopt Rules. The landmarks preserN,atien adviser board and the city manager are authorized to adopt rules and regulations under Chapter 1-4, " Rulemaking," B.R.C. 1981, that the landmarks board or the city manager determine are reasonably necessary to implement the requirements of this chapter. H:\X.SEH E)RAFF-WD 4.DOC 23 ATTACHMENT A: DRAFT HISTORIC PRESERVATION ORDINANCE THIS ATTACHMENT WILL BE DELIVERED OR EMAILED TO YOU ON MONDAY, FEBRUARY 27, 2006. PLEASE CONTACT CHRIS MESCHUK WITH ANY QUESTIONS/CONCERNS. (303) 441-4293 OR MESCHUKC @BOULDERCOLORADO.GOV i3