6 - Code Change project update10-13-1 Legislative Intent
(a) The purpose of this chapter is to promote the public health, safety, and welfaze2 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 azchitectural 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 counci] does not intend by this chapter to preserve evet
instead to draw a reasonable balance between private properl'y`~
in preserving the city's cultural, historic, and azchitectural h~~
demolition of buildings and structures important to that.hentage
with other alternatives and that alterations to such buii"duigs~and
~~.;::
construction will respect the character of each suc setting, not l
structures, but by being compatible with them. ~~ ~ z_. ~_~:.:~~
(c) The city council intends that in revia
on landmarks or structures in a histc
shal] follow relevant city policies, i~
access for the disabled, and creative
(d) Because of the imp
intends that owners
features. Therefore,
designation. `~'' .~. "~~~~
10-13-2 Definrtions'~ ~'u~ ~ ^., `~'~'-
lding in the city but
the public interest
~u}ing that
argfully weighed
~... . .
to and new construction
~ation advisory boazd
;y-efficient design,
landmarks, the city council
e exterior of such buildings and special
may be appropriate for landmark
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The follawxng temts}`use`d in this chapter have the following meanings unless the content cleazly
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indicatesQthervvise:,.~x 4~~;';?;~~
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"Altera$qii'='„means any`~diTition or modification of any portion of the exterior of a building or
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designafet~~at'turg that c~i~nges the architectural style, arrangement, texture, or material of the
building oi fea{ure~;o,rs„s~cantly changes the color, including the removal or replacement of
historic building elements or materials ' , ,
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"Building" means any structure built for the support, shelter, or enclosure of persons, animals, or
property of any kind.
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"Contributing Resource" means a site, building, structure, or object located in a historic district
or on a landmark property that has definable characteristics and features that relate to the
identified historic significance of the district or landmazk and possesses historic integrity.
Contributing resources may be altered with compatible additions.
"Demolition" or "demolish" means an act or process which removes one or more of the
following:
(a) Fifty percent or more of the roof area as measured in plan
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(b) Fifty percent or more of the
around the "building coverage"
(see diagram); or , _~x~
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in
r (see diagram)fn;
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~s ineasured contiguously
"Definitions," B.R.C. 1981,
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(c) Any-exfenbi aall facing a public street, but not an act or process which removes an
exterior wall"facing an alley (see diagram).
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A wall shall meet the following minimum standazds to;b~ co
(1) The wall shall retain studs or other
fully framed and sheathed roof abo
such wall is attached• '~~
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(2) The wall shall not be covered or
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C a retained axterior wall:
wall finish, and the
building to which
wall that is proposed to be
placed in front of the retained wall; an~ ..;_. ~~~' ";'= ""~":'"
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(3) Each part of the retaiiieti'eztexior walls:shallbe connected contiguously and without
interruption to every other pai`t; of the retazned exterior walls.
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"Designated feature" mearrs at~yasfCUO~dre tsY;~g~object other than a building located on a
landmazk site.ot`,~vithin a histbtic`~Sistncf t~fas identified in the ordinance desigiating the
landmark site or lristoric district as pait of the designation.
"Historic yDistrict" means a concentration or linkage of sites, buildings, structures, or objects
united azchitecturally, historically, or aesthetically by plan or physical development of
significance to the city of Boulder, and designated as such pursuant to Chapter 10-13, "Historic
Preservation," B.R.C. 1981.
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"Historic Integrity" means the ability of an historic resource to convey its historic significance.
Integrity is evaluated based upon seven aspects or qualities: location, design, setting, materials,
workmanship, feeling, and association.
"Historic Preservation Organization" means an organization with demonstrated experience and
expertise in historic preservation.
"Historic Resource" means a district, site, building, or object that is significant to local, state or
national history, azchitecture, engineering, azchaeology or culture.
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"Historic Significance" means the value of a historic resource to represent an important part of
the history, architecture, archeology, engineering, or culture of an area. Significance is derived
from an association with historic events or persons, or as an example of a type, period, or method
of construction, the work of a master, or high artistic values.
"Landmark" means a historically or azchitecturally significant property that may contain a
collection of contributing resources. A landmark exhibits a high degree of historic significance
and integrity and has been established pursuant to Chapter 10-13, "Historic Preservation,"
B.R.C. 1981. °`=' ~ ~ *~
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"Non-contributing Resource" means a site, building, structure, or object located within the
boundaries of a designated historic district, or on a landmark property, that lacks definable
chazacteristics and features relating to the identified historic significance of the district or
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landmark property or that has lost historic integrity. .~ ~~?:~ ~- `'_, `
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"Plan view" means the view of a building from directly~ove'aiJ1}ch reveals the outer perimeter
of the building roof areas to be measured ac~oss a horizon~`aT~p~ne.
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"ObjecY' means constructions that aze primarily artistic in nature or are relatively small in scale
and simply constructed. Although it may be, by nature or design, movable, an object is
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associated with a specific setting or environment. ~:~`,',r-~.~~~.~~,~ ~~ -~
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"Site" means the location of a significant event, a prehistoric or historic occupation or activity, or
a building or structure, whether standing, ruined, or vanished, where the location itself possesses
historic, cultural, or azcheological value regardless of the value of any existing structure.
- ~_ .. __ x~~_,
"Structure" means functional constructions made for purposes other than creating human shelter.
"Structure of MeriP' means a building or structure of historic, architectural or aesthetic merit as
identified by the landmazks board under the provisions of this chapter.
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THe.shaded area illustrat`es'the maiciinum amount that may be removed without constituting
demolitioi-as,defined by;3his~provision.
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Ordinance Nos: 5627`(1999); 5801 (1996); 5930 (199'n; 7183 (2002); 7225 (2002).
10-13-3 City~~,ouncil 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,
azchitectural, or aesthetic interest or value and designate a landmazk site for each
landmark;
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(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
specia] character and historical, architectural, or aesthetic interest or value that aze united
together by historical, architectural, or aesthetic characteristics; and
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(4) Amend designations to add or remove features or property to thC sita or district.
(b) Upon designation, the property included in any such designation3is subject to all the
requirements of this code and other ordinances of the city. '~°~=:~` `n~~.~ ~-='- ,~
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Ordinance No. 7183 (2002). -..~F~;~ ~ ~`"~; ~= _
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10-13-4 Designation of Landmarks (replace e~stin 10-13-4 entirely)
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(a) Aonlication and Initiation: The landmack designation pio~~ss,xequires initiation by
resolution of the city council or the lazidmarks,board; or,'th~ ver~fied application of the owner
of the property or its authorized agent~`~~~ *~~~:.. K' «~~-= :
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(1) An historic preservation organizah[~ttsnay file~~~~i~cahon requesting the initiation of
the designation process with the cify manager:~ 'ucfi'applications shall be forwarded to
the landmazks board:~o deterniine w}iethei~theceis probable cause to believe the
application is coiisi5tent°ivith the purpose`~~nd standards in Sections 10-13-1,
"Legislative Interit;""10-13~-2,``~efinition's~" and 10-13-3, "City Council May Designate
Landmarks and ' ~c Distric "B.R.C:=1-981. If probable cause is found, the
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application will be~tttt ~ti}isresolution of the landmazks boazd, so long as all other
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application re;c~uirements have U'Leii=.met.
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(2avAn;applicanf;fofludesignation or amendment of a landmark shall file an application with
:..tlie city manage~upon forms prescribed by the landmarks board, including the names of
`;a13 th~owners ofthesproperty included in the proposed designation and any other
information requuadby the city manager, and pay the fee prescribed by Section 4-20-37,
"HistoricsPreservation Application Fees," B.R.C. 1981.
(3) The city`inaiiage'r shall notify all owners of the property included in the application or
resolution for a proposed designation or amendment that such proceedings have been
initiated. Notice to the property owner(s) shall be by certified mail.
(b) Public Notice of Annlication: Upon initiation of the designation process, the city manager
shall provide the following public notice of a landmark application:
(1) Publish notice of the time, date, place and subject matter of the hearing in a newspaper of
general circulation in the city a minimum of 10 days prior to the hearing date
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(2) Post the property in the application indicating that landmark designation has been
requested within ten days of initiation of the application, but no less than ten days pnor to
the hearing date
(3) Mail written notice of the hearing to the record owners of the property included in the
proposed designation within ten days of initiation of the application, but no less than ten
days prior to the hearing date
(4) Any failure to send notice 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.
(c) Criteria for Review: No landmazk designation application will berecommended for approval
by the city council unless the landmazks boazd finds the`property is consistent with the
purposes and standards in Sections 10-13-1, "Legislativelntent," 10-13`-2, "Definitions," and
10-13-3, "City Council May Designate Landmazks andHistoric Districts," B.R.C. 1981.
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(d) Hearina Before the Landmarks Board f~r~-~ru~:-~'':. `
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(1) The landmarks board shall hold ~iu~lio; earing on an~~esoluYion or initiated application
for designation or amendment o~~xfa ,_ "', der the ptocednres prescribed by Chapter
1-3, "Quasi-Judicial Hearings," BiR:C.~'98f;~o"fe~uer than sixty days after the
application is certified as complete:`'':r== -`~_'_;~:: :
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(2) The landmazks board sha,i~~ietermine~it~therfhe proposed designation conforms with
the criteria in (c) above. ~-Wi~}utr forty 5ve:days after the hearing date first set, unless
.~-.:
otherwise mutually agreed'upom by the boaid; the applicant, and the owner, if other than
the applicant, theboaid sha~"~ t_pecifie written findings and conclusions approving,
modifying and appioS~qt~»~ ` ro`~tg~the proposal. Within fourteen days of its
~~ ='.E'=r
actiou, the boazd shal~Ylot~•'t~iC ctty.council of any decision disapproving a designation
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or sha11 refer a pmposal tha~t~E;has approved to the council for its further action.
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,(3) ~'decision of the landmarks ~ioard disapproving a proposed designation or amendment is
`<~final unless appeatled=~o or called up by the city council.
10-13-5 Designation of Historic Districts (replace existing 10-13-5)
.- ';;-~~~,_i_ ~s' .
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(a) Pre-Applicatiori3vleetine: A pre-application meeting is recommended. Upon request, the
planning departinent will hold a pre-application meeting to respond to questions regarding
the application requirements, designation procedures and designation criteria. The city
manager may make recommendations regazding appropriate outreach efforts to affected
neighborhoods that should be considered prior to formal application.
(b) Anplication and Initiation: The historic district designation process requires initiation by
resolution of the city council or the landmazks board; or, the verified application of all
owners of the properties proposed for designation or their authorized agents.
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(1) A group of property owners, representing a minimum of twenty five percent of the total
number of legal properties within the proposed historic district, may file an application
requesting the initiation of the designation process with the city manager. Such
applications shall be forwarded to the landmarks board to determine whether there is
probable cause to believe the application is 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 Landmazks and Historic Districts,° B.R.C. 1981. If probable
cause is found, the application will be initiated by resolution of the landmarks board, so
long as all other application requirements have been met. ,~,-`-`;~`-Y.:-
~_ <_
(2) An historic preservation organization may file an ap~
the designation process with the city manager. Such
the landmarks boazd to determine whether there is ~i
application is consistent with the purposes and stanzl
"Legislative Intent," 10-13-2, "Definitions," an~~
F,.~ ..=.r __ '
Landmazks and Historic Districts," B.R.C. 19$~ ;~
application will be initiated by resolution of the __ .._.
application requirements have
(3) An applicant for designation o~i
the city manager upon forms pre
all the owners of the property in
information required b~.the city
"Historic Preservation:rt va~ficati
(4) The city manager:s}
resolution for ~=nroi
initiated. Notice
(c)
g the initiation of
be forwazded to
~1e cause td tielieve the
in Sections'~10113'=i;_
, ~~~ity CouncilMay:Designate
~b~~cause is fouri~; the
so long as all other
a,~andmar`1~=sha'll~le an application with
y t~° -~inarks Tiiaard, including the names of
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the ~i~~lesignation and any other
~ and`pa~`t7ie`fte prescribed by Section 4-20-37,
B:R:C.1981.
er`s;of the property included in the application or
r_._..
or amendment that such proceedings have been
~j~shall be by certified mail.
Outreach-Reqitireii:Prior to Landmarks Board Public Hearine: The following steps shall be
completed before ai~'~pplicatioii~wilfbe scheduled for a hearing before the landmazks board.
:44t=the city managei's;~iscretion,~up to 180 days from the date the application is certified as
coDiplete-may be alloW~tt for completion of the items below.
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(1) Notification. In adtl'ltion to the notification required by (b)(4) above, the city manager
~,
shall }imvide~additional materials to affected property owners when available including,
without'lirtii#~fion: information on the history of the azea proposed for designation,
information on the history of individual properties proposed for designation, a listing of
properties considered contributing resources to the proposed district, and information on
the responsibilities and benefits of designation. Such materials shall be distributed no
less than 14 days following initiation of the designation process.
(2) Public Meetine(sl. The city manager shall schedule a minimum of one meeting of the
owners of properties within the proposed district to explain the responsibilities and
benefits of designation. Additional meetings may be scheduled as necessary. The city
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manager shall seek input from property owners within the proposed district in preparing
materials and presentations for meetings. Notification of ineetings shall be sent to all
owners of properties within the proposed district stating the date, time and location of the
meetings no less than fourteen days prior to the meeting. A written summary of the
meeting shall be prepared by the city manager to be included in the landmarks board and
city council communications as part of any public hearings to consider the application.
(3) Desi,~n Guidelines. The landmarks boazd has adopted design guidelines as administrative
regulations to help interpret the standards for exterior alterations.prescribed by Section
10-13-18, "Standards for Landmark Alteration Certificate Applications," B.R.C. 1981.
The city manager, with input from owners of properties within the proposed historic
district, shall determine whether additional administrative regulaUons are appropriate in
order to address unique or special conditions in the proF3osed.historic.district.
(A) If determined appropriate, new design
owners of properties within the propo;
a minimum of one public meeting.
(B) The guidelines shall be presented for a
proposed designation before
(4) (Note - not required for Optirtp
(3) above, the city manager shall':
owner of record within the nronos
(A) For purposes of ineas~
allowed one vote"r=-, -°~
(B) The owner shall hav~
or her consent or obje
guidelines. The;quest
remain anonyinous~
(C) Any failure to send~[i
= the owner is not a ma1
.proposed designation.
be drafted~vvith:input from
ct and presented for review at
CK;?; i: . . -
at the hearing on the
Ilo~viiigthe completion of (1) -
a questionnaire to each propeRy
legal property shall be
~ day5=froia the mailing date to respond, indicating his
the designation and, if applicable, proposed design
:~Shall be_.designed to allow the property owner to
ttiorinaiTe by mail to any property owner if the address of
public record does not invalidate any proceedings for the
(~_((?P7'i0\ ;~ -(~uestionnaire Required But Not Binding) Results of the questionnaire
shall be includedin`tlie landmazks board and city council communications as part of any
public hearing to consider the application.
~a .
(5) (OPTION ~~dt7ajorih of Questionnaire Respondents n9ust Consent to
Designation) If a majority (50% plus one) of questionnaire respondents support
designation of the historic district and, if applicable, the proposed design guidelines, the
application shall be forwarded to the landmarks board for a public hearing, in accordance
with the requirements of this section. If less than a majority of respondents are in support,
the application shall be voided. Results of the questionnaire shall be included in any
subsequent landmarks board and city council communications reguding the application.
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(5) (OPT[O\ C- R~1a,joriY} Support of Yroperh O«~ners Required b~ Yetition) Prior to
scheduling a public hearing before the landmarks boazd, evidence indicating consent to
the designation of the district from a majority of the property owners within the district
must be submitted to the city manager for verficiation.
(5) (OPTION D- Board & Council Held to Higher Standard if IV7ajorih Oppose )
Results of the questionnaire shall be included in any subsequent landmarks board and city
council communications regarding the application. If results of the questionnaire indicate
that less than a majority of respondents aze in support of the historic district designation,
approval of the designation shall require the affirmative vote of at least four members of
the landmarks board and six members of the city council. ~'*`
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(d) Public Notice of Apnlication: In addition to the requirements of (S)s~boKe, upon initiation of
the designation process, the city manager shall provide'ttte,followingpu'tiliq notice of a
landmark application: = . - ~ .
(1) Publish notice of the time, date, place and snbjec ~tatter.af;the hearing in a newspaper of
general circulation in the city a minimum of 10't~~~SF 'ot' ~`the hearing date;
(2) Post the area included in the application ind~i~cating tha~~~-_cTmark designation has been
requested within ten days of initiati63~~iii~lC~7ess than fen dajis~prior to the hearing date;
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(3) Mail written notice of the heanng'to~he recordoowners of the property included in the
proposed designation no less than tesudays prioito t~ie~hearing date;
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(4) Any failure to send notice by.mail to any.property owner if the address of the owner is
not a matter ofpublic record.does not invalidate any proceedings for the proposed
designation. -_ ;;;:;w;~_`r
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(e) Criteria for Review: No `laudYiiazk desigtiarion application will be approved unless the
landmarks boazd finds the~propertg•is consistent with the purposes and standards in Sections
10=~3=1, "Legislafi~!e~Intent," i0.13-2, "Definitions," and 10-13-3, "City Council May
Designate Landmarks and Historic Districts," B.R.C. 1981.
( fl Hearing Before the I:andmarks Board: Upon completion of the requirements of Paragraphs
(c) and (d);above,.the.city manager shall promptly refer the application to the landmarks
board. The landmarlcs board shall hold a public hearing on the proposal, under the
procedures pi`escn`bed by Chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981, no less than
sixty days afterthe application is certified complete.
(1) The landmazks board shall determine whether the proposed designation conforms with
the criteria described in (c) above. Within forty five days after the hearing date first set,
unless otherwise mutually agreed upon by the board, the applicant, and the owner, if
other than the applicant, the board shall adopt specific written findings and conclusions
approving, modifying and approving, or disapproving the proposal. Within fourteen days
of its action, the board shall notify the city council of any decision disapproving a
S:\PLAN\data\longrang\HIST~Code changes\Designation Process\HP DRAFT 03.22.05.doc 3/24/2005
designation or shall refer a proposal that it has approved to the council for its further
action.
(2) A decision of the landmarks board disapproving a proposed designation or amendment is
final unless appealed to or called up by the city council.
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