HomeMy WebLinkAboutAttachment D Land Use Code, Chapter 9-11 Historic PreservationAttachment D
Boulder, Colorado
Land Use Code
(Title 9 of the Boulder Revised Code)
CHAPTER 9-11
HISTORIC PRESERVATION
City of Boulder, Colorado
Planning & Development Services
Adopted September 5, 2006
~~ Effective October 5, 2006
~-
CHAPTER 9-11: HISTORIC PRESERVATION
9-11-1: Legislative Intent ............................................................................................................................1
9-11-2: City Council may Designate Landmarks and Historic Districts ................................................1
9-11-3: Initiation of Designation for Individual Landmarks and Historic Districts .............................2
(a) Initiation Application .................................................................................................................. ..2
(b) Initiation Hearing Required ........................................................................................................ ..2
(c) Initiation Hearing Public Notice ................................................................................................. ..2
(d) Criteria for Review ..................................................................................................................... ..2
(e) Initiation Resolution ................................................................................................................... ..3
9-11-4: Public Process for Historic Districts ........................................................................................... ..3
(a) Public Process Required Prior to Landmarks Board Designation Public Heazing for Historic
Di stricts ....................................................................................................................................... .. 3
9-11-5: Landmarks Board Designation Public Hearing ........................................................................ ..5
(a) Hearing Required ........................................................................................................................ ..5
(b) Notice of Hearing ....................................................................................................................... ..5
(c) Criteria for Review ..................................................................................................................... ..6
(d) Final Decision ............................................................................................................................. ..6
(e) Planning Board Review .............................................................................................................. ..6
9-11-6: Council Ordinance Designating Landmark or Historic District ...............................................6
(a) City Gouncil Hearing, Notice ..................................................................................................... ..6
(b) Findings ...................................................................................................................................... ..6
,.~~ (c) Ordinance Designating Landmark or District .......................................:..................................... ..6
~..~ ~d) Notice of Designation ................................................................................................................. ..7
9-11-7: Appeal or Call-up of Disapproved Proposals ..............................................................................7
(a) Owner Appeals ........................................................................................................................... ..7
(b) City Council Call-Up .................................................................................................................. ..7
(c) Hearing Required ........................................................................................................................ ..7
(d) Findings ...................................................................................................................................... ..7
9-11-8: Limitation on Resubmission and Reconsideration of Proposed Designation ......................... ..7
9-11-9: Amendment of Designation ...........................................................................................................8
9-11-10: Revocation of Designation ...........................................................................................................8
9-11-11: Construction on Proposed Landmark Sites or in Proposed Districts .....................................8
9-I1-12: Landmark Alteration Certi6cate Required ............................................................................. ..9
9-11-13: Landmark Alteration Certificate Application ......................................................................... 10
9-11-14: Staff Review of Application for Landmark Alteration Certiticate ........................................ 10
9-11-15: Landmark Alteration Certi6cate Hearing ............................................................................... ll
9-11-16: Call-Up by City Council ............................................................................................................ ll
9-11-17: Issuance of Landmark Alteration Certificate .......................................................................... 12
(a) Issuance of Alteration Certificate ............................................................................................... 12
(b) Expiration, Initial Approval and Extensions for Alteration Certificates .................................... 12
(c) Denial - Subsequent Application ................................................................................................ 13
9-11-18: Standards for Landmark Alteration Certiticate Applications ............................................... 13
9-11-19: Unsafe or Dangerous Conditions Exempted ............................................................................ 13
9•11-20: Property Maintenance Required .............................................................................................. 13
9-11-21: Recognition of Structures of Merit ........................................................................................... 14
(a) Purpose ....................................................................................................................................... 14
~
~b) APPlication ................................................................................................................................. 14
Boulder, Colorado Land Use Code Page i
Adopted September 5, 2006 EfFective October 5, 2006
(c) Procedure .................................................................................................................................... 14
(d) CriteriaforRecognition .............................................................................................................. 14 ~',1
(e) Record of Historic Structures ..................................................................................................... 14 .~>°
(~ Recognition by Landmarks Board .............................................................................................. 14
(g) Recommendations for Historical Names .................................................................................... 14
9-11-22: Enforcement and Penalties ........................................................................................................ 15
9-11-23: Review of Permits for Demolition, On-Site $elocation, and Off-Site Relocation of
Buildings Not Designated ............................................................................................................ 15
(a) Purpose ....................................................................................................................................... 15
(b) Permit Requirement .................................................................................................................... 15
(c) Demolition Deternunation .......................................................................................................... 15
(d) Initial Review .............................................................................................................................. 16
(e) Notice of Public Hearing ............................................................................................................ 16
(~ Landmarks Board Public Hearings on Pemrits ........................................................................... 17
~g) Decision of the Landmarks Board .............................................................................................. 17
(h) One Hundred Eighty Day Stay Period ........................................................................................ 17
(i) Record of Demolished and Moved Properties ............................................................................ 17
~) Expiration ................................................................................................................................... 18
9-11-24: Landmarks Board and City Manager Authorized to Adopt Rules ....................................... 18
~
,,
Boulder, Colorado Land Use Code Page ii
Adopted September 5, 2006 Effective Ocrober 5, 2006
CHAPTER 9-11: HISTORIC PRESERVATION
,~ -
~"" 9-11-1: 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
architecwral 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
ci[y's living heritage.
(b) The city council dces not intend by [his chapter [o preserve every old building in the city but
instead to draw a reasonable balance between private property rights and the public in[erest in
preserving the city's cultural, historic, and azchitectural 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 sunounding structures, but by being
compatible with them.
(c) The city council intends [hat in reviewing applications for al[erations to and new construction on
landmarks or structures in a historic disirict, the landmarks preservation advisory board shall
follow relevant city policies, including, without limitation, energy-efficient design, access for the
disabled, and creative approaches ro renovation.
Ordinance No. 7475 (2006).
~a""
,,~„ 9-11-2: CITY COUNCIL MAY DESIGNATE LANDMARKS AND HISTORIC DISTRICTS
(a) Pursuant ro 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, architecmral, or aesthetic interest or value and designate a
landmark si[e for each landmark;
(2) Designate as a historic district a contiguous area containing a number of sites,
buildings, structures or features having a special chazacter and historical,
architecmral, 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 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.
Ordinance Nos. 7183 (2002); 7475 (2006).
,..,.
~
Boulder, Colorado Land Use Code Page 1
Adopted September 5, 2006 Effective October 5, 2006
Chapter 9-11: Historic Preservation
Sec 9-11-3: Initiation of Designa[ion Cor Individual Landmarks and Historic Districls
(a) Initiation Apolica[ion
9-11-3: IIVITIATION OF DESIGNATION FOR INDIVIDUAL LANDMARKS AND HISTORIC
DISTRICTS
(a~ INITIATION APPLICATION
The decision by either the landmazks board or city council to initiate the designation of an
individual landmark or historic district is legislative in nawre. Designations or amendments [o an
individual landmark or historic district may be initiated by:
(1) Resolution of the city council or the landmarks board;
(2) The application of all owners of the properties proposed for designation or their
authorized agents;
(3) The application of a group of property owners, with the consent of a minimum of
twenty-five percent of the properties which constitute building sites within the
proposed historic district or
(4) Application of any historic preservation organization.
(b~ INITIATION HEARING REQUIRED
An application that is made by a historic preservation organization or fewer than all of the
property owners pursuant to paragraph 9-11-3(a)(3 or 4), B.R.C. 1981, shall be forwarded ro the
landmarks board for consideration at a public hearing within 45 days of the application date.
(c~ INITIATION HEARING PUBLIC NOTICE
When the landmarks board or city council is to consider the initiation of, or an amendment to, a
designation, the city manager shall provide or cause the following notice to be provided:
(1) Mailine: 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 initiation hearing to all owners of property for which the initiation
is being considered.
(2) Publication: A notice shall be published in a newspaper of general circulation in
the city a[ least ten days prior to the hearing and shall indicate the time, date, and
place of the hearing and a brief explanation of [he initiation being considered and
its location.
(3) Effecr. The purpose of the notice provided in this subsection is to reasonably
inform included property owners of a considera[ion of ini[iating designa[ion, but
no minor omission or defect in the notice or mailing shall be deemed to impair
[he 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 or city council, it shall detemune 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 [he heazing
for at least 10 days. 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 property owner's ability to participate in the hearing shall not affect
the validity of the initiation consideration proceedings.
(d~ CRITERIAFORREVIEW
In determining whether to initiate the designation of an application that is made by a historic
preservation organization or less than all of the propercy owners pursuant to paragraph 9-11-
~
°"~,
"'1
Bouldeq Colorado Land Use Code Page 2
Adopted September 5, 2006 Effective October 5, 2006
Chapter 911: Historic Preservation
Sec. 9-11-4: Public Process for Historic Districts
(e) InHiation Resolution
3(a)(3 or 4), B.R.C. 1981, 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 9-11-1, "Legislative Intent," 9-16,
Definitions, and 9-11-2, "City Council May Designate Landmarks and Historic
Districts," B.R.C. 1981;
(2) There are currenNy resources available that would allow the city manager to
complete all of the community outreach and historic analysis necessary for the
application;
(3) There is community and neighborhood 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;
(G) In balance,the proposed designation is consistent wi[h the goals and policies of
the Boulder Valley Comprehensive Plan; or
(7) The proposed designation would generally be in the public interes[.
(e) INITIATION RESOLUTION
If council or landmarks boazd determines to proceed with initiation of a district or individual
landmark, either shall initiate by resolution so long as all other application requirements have
been met.
Ordinnnce Nos. 7213 (2002; 7475 (2006).
9-11-4: PUBLIC PROCESS FOR HISTORIC DISTRICTS
(a~ PUBLIC PROCESS REQUIRED PRIOR TO LANDMARKS BOARD DESIGNATION PUBLIC
HEARING FOR HISTORIC DISTRICTS
Once an application is certified as complete or a resolution to initiate has been adopted, the
following process shall be completed prior to the public hearing before the landmarks board
pursuant to section 9-11-5, B.R.C. 1981.
(1) Public Meeting: The city manager shall host a minimum of one meeting of the
owners of properties within the proposed district to explain the responsibilities
and benefits of designation. Notification of the meeting shall be sent by first
class mail to the applicant and all owners of properties within the proposed
district stating the date, time and location of the meetings no less than ten days
prior to the meeting. Prior to this meeting, the city manager shall make materials
available to affected propeRy 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 and
benefits of designation.
(2) Design Guidelines: The city manager shall deternune whether the development
of design guidelines to interpret the criteria in section 9-11-18, B.R.C. 1981 are
needed in order to address unique or special conditions in the proposed historic
,,.._, district. If the development of district specific design guidelines are detemuned
ti ~, to be needed;
Boulder, Colorado Land Use Code ' Page 3
Adopted September 5, 2006 Effective October 5, 2006
Chapter 9-11: His[oric Preservation
Sec. 9-11-4: Public Process for Historic Districts
(a) Public Process Required Prior to Landmarks Board Designation Public Hearing for Historic Districts
(A) The city manager shall propose draft design guidelines for the review ~'-y
and comment of the landmarks board, the city council, and the public, ~,...~
including the affected propeRy owners.
(B) The draft design guidelines shall be presented at a minimum of one
public meeting with the owners of properties within the proposed district
to gather public comment. This meeting shall occur prior to mailing a
questionnaire as required in section 9-11-4(a)(3) and prior to the
landmarks board designation public hearing as set forth in 9-11-5.
NotiFication of the meeting shall be sent by first class mail to the
applicant and all owners of properties within the proposed district stating
the date, time, and location of the meeting no less than ten days prior to
the meeting.
(C) The guidelines shall be presented at the landmarks board designation
public hearing.
(D) If the city council adopts the ordinance designating the district, the
design guidelines shall be adopted pursuant to Section 9-11-24, B.R.C.
1981, "Landmarks Board and City Manager Authorized to Adopt Rules."
(E) Subsequent to a designation and if deemed appropriate, the city manager
subsequent to a designation may propose new or amended design
guideli~es pursuant to 9-I1~ (2)( A) &(B).
(3) Questionnaire: Following the completion of the steps described in Subsection
9-11-4(a)(1)-(2)(A) &(B), B.R.C. 1981 above, the ciry manager shall send a
questionnaire to each property owner of record within the proposed historic
district by first class mail. If district specific design guidelines have been
drafred, a copy shall be included with the ques[ionnaire. ""~'j
.~
(A) For purposes of ineasuring property owner opinion, one questionnaire
shall be provided to each building site in the proposed district at least 28
days prior to the landmarks board designation public hearing.
(B) The questionnaire shall be printed on planning department letterhead,
and to ensure no duplicate responses are received, shall require the
respondent to state his or her name, mailing address, and property
address within the district if different from his or her mailing address.
This information shall be separated from each response upon receipt by
the planning department in order to allow responses to remain
anonymous. The questionnaire shall ask the propeRy owner to indicate
no opinion, support, or objection to the designation, and allow room for
general comments on the proposed district and any draft district specific
design guidelines. The owner shall have a minimum twenty-one days
from the postmarked date to respond. Only responses received by 5:00
pm seven days prior to the landmarks board designation public hearing
shall be included in the official results, however all written public
comment received shall be included in the public record.
(C) No minor omission or defect in the mailing shall be deemed to impair the
validity of the proceedings to consider the designation application. If at
or prior to the public heazing an omission or defect in the mailed
questionnaire is brought ro 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 indicate an opinion, upon which ~
finding it shall continue the hearing for at least 10 days. Any omission
Boulder, Colorado Land Use Code Page 4
Adopted September S, 2006 EfFective October 5, 2006
Chap[er 9-11: Historic Preservation
Sec. 9•11-5: Landmarks Board Designation Public Hearing
or defect in the mailed questionnaire that is not brought to the board or
~ council's attention or Iha[ the boazd or council finds did not impair a
~""` property owner's ability to indicate an opinion shall not affect the
validity of the designation proceedings.
(D) A copy of all responses received prior to the questionnaire deadline shall
be included in the landmarks board and city council record as part of any
public hearing to consider the application, however, the results of the
questionnaires shall not be detemtinative in setting a district.
(b) Any omission or defect in the public process described in this section that is not brought to the
attention of the landmarks boazd or city council or that the board or council find did not impair a
property owner's ability to paRicipate in the hearing, shall not effect the validity of the
designation proceedings.
9-11-5: LANDMARKS BOARD DESIGNATION PUBLIC HEARING
(a~ HEARING REQUIRED
After completion of the steps required in Sections 9-11-3, "Initiation of Designation for
Individual Landmarks and Historic Districts" and 9-11-4, "Public Process for Historic DisVicts;'
B.R.C. 1981, the 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 prceedures prescribed by Chapter 1-3,
"Quasi-Judicial Hearings," B.R.C. 1981, no fewer than sixty days or more than one hundred
twenty days after the application is certified as complete by staff or the initiating resolution is
adopted. For individual landmark designation applications, 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 applicant.
(b~ NOTICE OF HEARING
The city manager shall provide the following notice:
(1) 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.
(2) Mail and Posting: At least ten days before the hearing date, the manager shall
also:
(A) Post the property in the application indicating that landmark or historic
district designation or amendment has been requested. Historic district
designation applications shall include a minimum of one posting per
block face within the proposed boundaries; and
(B) Mail written notice of the hearing to the record owners of the property
included in the proposed designation or amendment.
(3) Effect: The purpose of the notice provided in this subsection is to reasonably
inform property owners within the proposed district 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 de[ermine whether the
~ omission or defect impairs or has impaired a property owner's ability to
Boulder, Colorado Land Use Code Page 5
Adopred September 5, 2006 Effectrve October 5, 2006
Chapter 9-11: Historic Preservation
Sec. 9-11-6: Council Ordinance Designating Landmark or Historic District
(c) Criteria for Review
participate in the public hearing, upon which finding it shall continue the heazing ~
on the designation for at least ten days. Any omission or defect in the mailed ....%
notice that is not brought to the landmarks boazd's attention or that the boud
finds did not impair a property owner's ability to participate in the heazing shall
not affec[ the validity of the designation proceedings.
(c) CRITERIA FOR REVIEW
The landmarks board shall detemune whether the proposed designation conforms with the
purposes and standards in Sections 9-ll-1, "Legislative Intent," and 9-11-2, "City Council May
Designate Landmarks and Historic Districts," B.R.C. 1981. Within forty-five days after the
hearing date first set, the board shall adopt specific written findings and conclusions approving,
modifying and approving, or disapproving the proposal. Within thirty 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 fuRher action. The time requirements of this
subsection may be waived if mutually agreed upon by the boazd, the applicant, and the owner, if
other than the applicant.
~d~ FINAL DECISION
A decision of [he landmarks board disapproving a proposed designation or amendment is final
unless called up by the city council or appealed pursuant to section 9-11-7, B.R.C.
(e) PLANNINGBOARDREVIEW
Within forty-five days of the landmarks board's decision ro recommend approval on a proposal to
establish an historic district, the planning board shall review the proposal and report to the city
council on its land use implications.
~
9-11-6: COUNCIL ORDINANCE DESIGNATING LANDMARK OR HISTORIC DISTRICT •~~
(a~ CITY COUNCIL HEARING, NOTICE
Within one hundred days after the date of any decision of the landmarks board recommending
approval of a proposed designation, amendment, or revocation 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 cirwlation in the
city at least ten days before [he hearing.
(b~ FINDINGS
Within forty-five days af[er [he 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 whe[her the designation meets the purposes and standazds in Subsections
9-11-1(a) and (d) and Section 9-11-2, "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 -4.,
Boulder, Cobrado Land Use Code Page 6
Adopted September 5, 2006 Effective Ocrober 5, 2006
Chapter 9-11: Historic Preservation
Sec. 9-llJ: Appeal or Call-up of Disapproved Proposals
(d) Notice of Desi¢nation
, 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.
ti~„
(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 propeRy included therein and a copy of the designating
ordinance may be recorded in the office of the Boulder County Clerk and Recorder.
Ordinance Nos. 5626 (/994); 7080 (2000).
9-i1-7: APPEAL OR CALL-UP OF DISAPPROVED PROPOSALS
(a) OWNERAPPEALS
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 propeRy proposed to be designated as an historic
district may appeal to the city council a decision of the landmarks boazd disapproving a proposal
by filing a notice of appeal with the council within twenty-one days of the decision of the
]andmarks board.
(b~ CITY COUNCIL CALL-UP
The city council may call up for review any disapproval decision of the landmarks board within
forty-five days of the boazd's decision.
(c) HEARING REQUIRED
Within 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 heazing 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 ten days before the
heazing to [he record owners of all the property included in [he proposed designation, except an
applicant.
(d) F[rm[NGS
Within 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 whe[her the designation mee6s the
purposes and standards prescribed by Subsec[ion 9-11-6(b) , B.R.C. 1981, and shall approve by
ordinance, modify and approve by ordinance, or disapprove the proposed designation. Such
ordinance shall comply with Subsection 9-11-6(c) and notice shall be given pursuant to
Subsection 9-11-6(d).
9-11-8: 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.
~d
Boulder, Colorado Land Use Code Page 7
Adopred September 5, 2006 Effective October 5, 2006
Chapter 9-ll: Hisloric Preservation
Sec. 9•11-9: Amendment of Designation
9-11-9: AMENDMENT OF DESIGNATION ~
f
w.s.M~
(a) 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 9-11-3, "Initiation of
Designation for Individual Landmarks or Historic Districts," 9-11-4, "Public Process for Historic
Districts;' 9-11-5, "Public Hearing Before the Landmarks Boazd,° 9-11-6, "Council Ordinance
Designating Landmark or Historic District," 9-11-7, "Appeal or Call-Up of Disapproved
Proposals," and 9-11-8, "Limitation on Resubmission and Reconsideration of Proposed
Designation," B.R.C. 1981, for initial designations.
(b) Whenever a designation has been amended, the city manager shall prompdy notify the owners of
the property included therein and a copy may be recorded with the Boulder County Clerk and
Recorder.
9-11-10: REVOCATION OF DESIGNATION
(a) If a building or designated feature on a designated landmark site or located within a historic
district was lawfully relocated or demolished the owner may apply ro the landmarks board for a
revocation of the designation.
(b) The board may revoke a landmark or historic designation if, after following the procedures
prescribed by Section 9-11-5, "Public Hearing before ffie Landmarks Board," B.R.C. 1981, it
determines that the propeRy or historic district no longer meets the purpeses and standards of
Sections 9-11-1, "Legislative IntenY' and 9-11-2, "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 [he remainder of the property or the district and that the ~
remainder will still meet the purposes and standards prescribed by Subsection 9-11-6(b), B.R.C.
1981 and Sections 9-11-1, "Legislative Intent," and 9-11-2, "City Council May Designate
Landmarks and Historic Districts," B.R.C. 1981.
(c) Revocation of a designation shall occur under the procedures prescribed by Section 9-11-3,
"Initiation of Designation for Individual Landmarks or Historic Districts," 9-11-4, "Public
Process for Historic Districts," 9-11-5, "Public Hearing Before the Landmarks Board," 9-11-6,
"Council Ordinance Designating Landmark or Historic District,° 9-11-7, "Appeal or Call-Up of
Disapproved Proposals;' and 9-11-8, "Limitation on Resubmission and Rewnsideration of
Proposed Designation," B.RC. 1981, for initial designations.
(d) Whenever a revocation is final, the city manager shall prompNy no[ify the owners of [he property
and a copy may be recorded with the Bwlder County Clerk and Recorder.
9-11-11: CONSTRUCTION ON PROPOSED LANDMARK SITES OR IN PROPOSED
DISTRICTS
(a) No permit shall be issued ro 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 landmarks board or city council has approved a resolution initiating the
designation of such landmark site or area under Section 9-11-3(a), "Initiation of Designation for
Individual Landmarks and Historic Districts," B.R.C. 1981. No such permit application filed
after such date shall be approved by the city~manager while proceedings are pending on such
designation unless the applicant obtains an alteration certificate pursuant to Sections 9-11-13,
"Landmark Alteration CeRificate Application," 9-11-14, "Staff Review of Application for
Landmark Alteration Certificate,° 9-I1-15, "Landmark Alteration Certificate Hearing," 9-11-16, ~
~~
Boulder, Colorado Land Use Code Page 8
Adopted September 5, 2IX16 Effective October 5, 2006
Chapler 9-ll: Historic Preservation
Sec. 9-11-12: Landmark Alteration Certificate Required
"Call-Up by City Council," 9-11-17, "Issuance of Landmark Alteration Certificate," and 9-11-18,
"Standards for Landmark Alteration Certificate Applications," B.R.C. 1981. If three hundred and
~`" sixty-five 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, or relocation of any building over fifty years old, unless
the conditions of Section 9-11-23, "Review of Permits for Demolition, OmSite Relocation, and
Off-Site Relocation of Buildings Not Designated," 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 feamre on a landmark site or in an historic district if a permit for such work was issued
before the initiation action on the designation of the landmark site or historic district Such
permit must be valid and current, and the construction commenced as required by the ciry
building code, Chapter 10-5, `Building Code," B.R.C. 1981, and diligently prosecu[ed to
completion hereunder.
Ordinance Nos. 5627 (1994); 5730 (1995); 7172 (2001).
9-11-12: LANDMARK ALTERATION CERTIFICATE REQUIRED
(a) No person shall carry out or permit to be canied out on a designated landmark site, on a
designated feature, or in a designated historic district any of the following without first obtaining
a landmark alteration certificate:
(1) new construction, alteration, relocation, or demolition of any building;
(2) new construction, alteration, relocation, or demoli[ion of any designated feature;
"~ (3) new conswction, alteration, relocation or demolition of any fence or other
°w 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 pernuts required
by this code or other ordinance of [he city.
(c) The planning department shall maintain a cunent record of all designated landmark sites and
historic dis[ricts and pending designations. If the building division receives an application for a
permit to carry out any new construction, alteration, relocation, 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 deterntine whether
a landmark altera[ion Certificate for the work proposed in the perntit application has been issued
and whether the permit application conforms [o the certificate. If a certificate has been issued on
the pernut application and the proposed work conforms thereto, the manager shall refer the pernrit
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 pernut
r^ application does not conform to the certificate, the manager shall disapprove the permit
~
Bouldeq Cobrado Land Use Code Page 9
Adopted Seprember 5, 2006 Effective October 5, 2006
Chapter 9-ll: Historic Preservation
Sec. 9-11•13: Landmark Alteration Certificate Application
application and shall not issue it until a certificate has been issued and the perrnit application ,~*~
conforms thereto. ,~,.~
Ordinance No. 7225 (2002).
9-11-13: LANDMARK ALTERATION CERTIFICATE APPLICATION
An owner of property designated as a landmark, or located in an historic district, 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 city manager. Such forms shall include 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
architecmral design and detail, and the names and address of the abutting property owners.
Ordinance No. 5730 (/995).
9-11-14: 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 designated features
and detemune within fouReen days afrer a complete application is filed whether or not the
proposed work would have a significant impac[ upon or be potentially detrimental [o 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 detemunes that there
would be no significant impact or potential detriment from the alteration, [hen the
manager shall issue a ceRificate to the applicant and shall notify the city council
and the applican[ 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 de[riment, they
shall refer the application to the landmarks board for a public hearing and shall
promptly notify the applicant of the referral.
(b) The landmazks board shall hold a public hearing on all applications for -andmark alteration
ceRificates for new construction, relocation, or demolition of a designated landmark building or
designated feature or a designated building or feature within a historic district, except that an
application for construction of a one-story a6ove grade accessory building or stnzcture 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.
Ordinance Nos. 6045 (1999); 7183 (2002).
'""1
„~
Boulder, Colorado Land Use Code Page 10
Adopted September 5, 2006 Effective October 5, 2006
Chapter 9-11: Historic Preservation
Sec. 9-11•15: Landmark Aiteration Certificate Hearing
,,.~, 9-11-15: LANDMARK ALTERATION CERTIFICATE HEARING
~ (a) The landmarks board shall hold a public hearing on an application for a landmark alteration
certificate, as prescribed by Section 9-11-14, "Staff Review of Application for Landmark
Alteration Certificate," B.R.C. 1981, within forty-five days after an application is certified as
complete by the city manager, under the prceedures 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 [he hearing. At least ten 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, relocation, 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 deteanine whether the application meets the standards in Section 9-
11-18, "Standards for Landmark Alteration Certificate Applications," B.R.C. 1981. Within forty-
five days after the hearing date first set, unless otherwise mumaily 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 ro suspend action on an appliCation, it
r~^ may not thereafter disapprove the application. The board shall notify the city council in a timely
'h,,,,~ 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 relocating 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 9-1 I-16, "Call-Up by City Council," B.R.C. 1981.
Ordinance Nos. 5009 (1986); 5377 (1991); 6045 (1999).
9-11-16: CALL-UP BY CITY COUNCIL
(a) The city council may call up for review any decision of the landmarks boazd approving, or
suspending action on a landmark alteration certificate appiication 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 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.
`~
Boulder, Colorado Land Use Code Page 11
Adopted September 5, 2006 Effective October 5, 2006
Chapter 9-11: Historic Preservation
Sec 9-11-17: Issuance of Landmark Aiteration Certif cate
(a) Issuance of Alteration Certificate
(b) Within 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 I-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 afrer 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 applica[ion, the council may reduce the suspension or ex[end i[ up [o one hundred
eighty days from the date of the council decision. In cases of a call-up of a landmacks board
approval of an application following the board's suspension of action, the council may approve or
disapprove the application.
Ordinaiice No. 6045 (1999).
9-11-17: 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 al[eration certificate will be valid for purposes
of applying for a building pemut 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 pemut 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 firs[ obtained before an
applicant may apply for a building permit.
(2) Initial Approval Period: The approving authority under Sections 9-I1-14,
"Staff Review of Application for Landmark Alteration Certificate;' 9-11-15,
"Landmark Alteration Certificate Hearing," and 9-11-16, "Call-Up by City
Council," B.R.C.1981, may extend the initial approval period for a length of time
greaterthan one 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 certifica[e may apply
for an extension of the time within which to apply for a building pernut 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 con[rol
of the applicant have prevented action from being taken. No alteration certificate
shall be extended more than once. .-~
Boulder,Colorado Land Use Code Page 12
Adop[ed September 5, 2006 Effective October 5. 2006
Chapter 9-11: Historic Preserva[ion
Sec. 9-11-IS: Standards for Landmark Alteration Certificate Applications
(c) Denial - Subsequent Application
,.~~ • (c) DENIAL - SUBSEQUENT APPLICATION
6„~,,, If the landmarks board or city council disapproves an application for a landmark alteration
certificate, no person may submit a subsequent application for the same construction, alteration,
removal, or demolition within one year from the date of the final action upon the earlier
application.
Ordinance No. 7080 (2000).
9-11-18: STANDARDS FOR LANDMARK ALTERATION CERTIFICATE APPLICATIONS
(a) The landmarks board and the city council shall not approve an application for a landmark
alteration ceRiFicate 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
desvoy the exterior architectural features of the landmark or the subject property
within an historic district;
(2) The proposed work dces 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, arsangement, 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 landmazk alteration ceRificate, the landmarks board shall
consider the economic feasibility of alternatives, incorporation of energy-efficient design, and
enhanced access for the disabled.
9-11-19: UNSAFE OR DANGEROUS CONDITIONS EXEMPTED
Nothing in this chapter shall be construed to prevent any measures of construction, alteration, relocation,
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, relocation, or demolition.
9-11-20: PROPERTY MAINTENANCE REQUIRED
(a) The city council intends to preserve from deliberate or inadvertent neglect the exterior poRions of
any landmarked building or designated feature and all interior portions thereof whose
maintenance is necessary to prevent deterioration of any exterior portion. No owner, lessee, or
occupant of any landmarked building or designated feamre shall fail to undertake such repairs or
~"°" maintenance as are necessary to prevent significant deterioration of the exterior of the structure or
~
Boulder, Colorado Land Use Code Page 13
Adopted September 5, 2006 Effecnve Ocrober 5, 2006
Chapter 9-11: Historic Preservation
Sec. 9-11•21: Recognition of Structures of Merit
designated feature beyond the condition of the structure on the effective date of the designating
ordinance.
(b) No owner, lessee, or occupant of any landmarked building or designated feature 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,~ garbage,Z and housing.3
(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 board or city manager shall
notify the propeRy owner, lessee, or occupant of the need to repair, maintain, or restore the
property, and shall give the owner a minimum of thirty days to perform such work.
9-11-21: RECOGIVITION OF STRUCTURES OF MERIT
(a) PURPOSE
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, enhancement, and use of such
structures. Nothing in [his chapter shall be construed [o impose any addi[ional regula[ions or
controls upon structures of inerit included on the list.
(b~ APPLICATION
An application for recognition as a structure of inerit may be submitted by the propeRy 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 inerit.
(d~ CRITERIA FOR RECOGNITION
The landmarks boazd may recognize a strucmre as a structure of inerit if the structure is of
his[orical, azchi[ec[ural, or aes[he[ic meri[.
(e~ RECORD OF HISTORIC STRUCTURES
The landmazks board shall maintain a record of his[oric structures in the city that have been
officially designated as such by agencies of the state or federal govemment and shall add such
structures to the list authorized by Subsection (a) of this Section.
(f~ RECOGNTTION BY LANDMARKS BOARD
The landmarks board may authorize such steps as it deems desirable to recognize the merit of and
[o encourage the pro[ection, enhancement, perpe[uation, 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 boatd shall cooperate with appropriate state and federal agencies in such efforts.
(g~ RECOMMENDATIONS FOR HISTORICAL NAMES
The landmarks boazd 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.
~ Chapter 6-2, "Weed Control," B.R.C. 1981.
Z Chapter 6-3, "Garbage," B.R.C. 1981.
3 Chapter 10-2, "Housing Code," B.R.C. 1981.
~
".,y
~-~
Bouldeq Colorado Land Use Code Page14
Adopted September 5, 2006 Effective October 5, 2006
Chapter 9-11: Historic Preservation
Sec. 9-I1-22: Enforcement and Penalties
(a) Pnrpose
Ordinance Nos. 5929 (/997); 7080 (2000).
~
~- 9-11-22: 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. Except in the case of a violation of Section 9-11-23, "Review of
Permits for Demolition, On-Site Relocation, and Off-Site Relocation of Buildings Not
Designated," 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 [hirty 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 County Assessor.
(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 9-I1-12, "Landmark Alteration Certificate Required," or Section 9-11-23, "Review of
Permits for Demolition, On-Site Relceation, and Off-Site Relocation of Buildings Not
Designated," B.R.C. 1981, is a fine of not more than $5,000.00 per violation or incazceration in
jail for not more than ninety days or both such fine and incazceration.
(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.
Ordinance Nos. 5801 (1996); 7048 (2000).
9-11-23: REVIEW OF PERMITS FOR DEMOLITION, ON-SITE RELOCATION, AND OFF-
SITE RELOCATION OF BUILDINGS NOT DESIGNATED
(a~ PURPOSE
The purpose of the review of permit applications for demolition, on-site relocation, and off-site
relocation 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 altematives for the
building.
(b~ PERMIT REQUIREMENT
No person shall demolish or relocate any building which is over fifty years old without first
applying to the city manager for a permit under this section, receiving the pernut, and conducting
the demolition or relocation 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 shall determine if demolition review under this section is required by
examining building permit applications for buildings described in subsection (b) above. A
Boulder, Colorado Land Use Code Page 15
Adopted September 5, 2IX16 Effective October 5, 2006
Chapter 9-11: Historic Preservation
Sec. 9d1-23: Review of Permits for Demolilion, OmSite Relocation, and Off-Site Relocation of Buildings Not Designated
(d) Inilial Review
proposed action that meets the definition of "demolition" or "demolish" in Section 9-16, ~
"Definitions," B.R.C. 1981, shall be subject to the review process required by this section. For .. ~
the purposes of this review, on-site relocation shall mean the relocation of the building on the
current building site. Off-site relocation shall mean the relocation of the building off the current
building site.
(d~ INITIAL REVIEW
The initial review shall cecur within fouReen 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 9-11-1, "Legislative Intent," and 9-11-2, "City Council May Designate Landmarks
and Historic Districts," B.R.C. 1981.
(1) Staff Review: The city manager may review permit applications for all accessory
buildings over fifty yeazs old, all on-site relocations of buildings over fifty years
old, and all demolition and off-site relocations for primary buildings constructed
during or after 1940. If the city manager detemunes that there would be no
significant impact or potential detriment ro the historic resources of the city, the
pemtit 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 s[ayed for up to sixty days from the date that a
completed application is accepted by the city manager, and the permit shall be
refened to the landmarks board for a public hearing. The applicant shall be
notified of the initial review determination within fourteen days of the decision. „w~
(2) Committee Review: The city manager and two designated members of the ~~
landmarks board shall review all demolition and off-site relocation pernut
applications for buildings built prior to 1940. 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 ci[y manager shall issue [he 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. The applicant shall
be notified of the initia] review determination within fourteen days of the
decision.
(C~ NOTICE OF PUBLIC HEARING
The city manager shall publish notice of the time, place, and subject matter of the public heazing
before the landmarks board in a newspaper of general circulation in the city at least ten days
before the hearing. At least ten days before the hearing, the city manager shall also:
(1) Post the property subject to the application to indicate that a pemut review appeal
has been requested; and
(2) Mail written no[ice [o the record owners of the property subject [o Ihe
application. If the address of the property owner is not a matter of public record, ^~+.
Bouldeq Colorado Land Use Code Page 16
Adopted September 5, 2006 Effective Ocrober 5, 2006
Chapter 9-11: Historic Preservation
Sec. 9-11-23: Review oF Permits for Demolition, On-Site Relocation, and Off-Site Relocation of Buildings Not Designated
(fl Landmarks Board Public Hearin~s on Permits
any failure to send notice by mail does not invalidate any proceedings on the
'~ permit application.
~
~ (f~ LANDMARKS BOARD PUBL[C HEARINGS ON PERMITS
The landmarks board shall hold a public hearing on the permit application within seventy-five
days after the city manager accepts a completed application, pursuant to the procedures
prescribed by Chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981. If the landmarks board fails
to hold a public hearing within seventy-five days after the city manager accepts a completed
permit application, the city manager shall issue the pemut if all other requirements of the pernrit
process have been met. The landmarks board shall consider and base its decision 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 9-11-1, "Legislative
Intent," and 9-11-2, "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 subparagraphs (~(3) and (~(4) above, the board may not consider deterioration caused by
unreasonable neglect.
~"' ' (g~ DECISION OF THE LANDMARKS BOARD
~.,,. If the landmarks board finds that the building to be relocated or demolished does not have
historical significance under the criteria set forth in subsection (~ above, the city manager shall
iswe 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 (~ 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.
(h~ ONE HUNDRED EIGHTY DAY STAY PERIOD
During the period of a stay of the issuance of a permit for demoli[ion or relocation, 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 pernut iF all other
requirements of the pernut process have been met.
(i) RECORD OF DEMOLISHED AND MOVED PROPERTIES
Prior to the issuance of a permit for demolition or relocation, the city manager may require Ihe
applicant to provide information about the building, including, without limitation, the date of
original construction, significant events and occupants, architecmral features, and a description of
the building through photographs, plans, and maps. The city manager shall determine where the
documentation is to be deposited.
~
Boulder, Colorado Land Use Code Page 17
Adopted September 5, 2006 Effective October 5, 2006
Chapter 9d1: Historic Preservation
Sec. 9-11-?A: Landmarks Preservation Advisory Board and City Manager Authorized to Adopt Rules
(j~ EXPIRATION ~'-~
Any approval pursuant ro this section shall expire one hundred eighty days after such approval is .., ~'
made if the applicant has failed to procure the pemut, or if the work authorized by such pernut
has not commenced. A decision or failure to take action by the city manager and two members of
the landmarks boazd pursuant to subsection (d) above, or by the landmarks board pursuant to
subsection (g) above, shall be considered an approval.
Ordinance Nos. 5627 (/994); 580/ (1996}; 5929 (1997); 7048 (2000); 7080 (2000); 7120
(2001); 7183 (2002); 7213 (2002).
9-11-24: LANDMARKS PRESERVATION ADVISORY BOARD AND CITY MANAGER
AUTHORIZED TO ADOPT RULES
The landmarks board and the city manager are authorized to adopt rules and regulations under Chaoter 1-
4, "Rulemaking," B.R.C. 1981, that the landmarks board or the city manager determine aze reasonably
necessary to implement the requirements of this chapter.
Ordinance No. 7225 (2002)
"'1
_.„~
Boulder, Coiorado Land Use Code Page IS
Adopred Seprember 5, 2006 Effective October 5, 2006