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HomeMy WebLinkAboutOrdinance-1997-1102 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER WORTH Council Bill No. 49 Ordinance No. 1102 Series of 1997 TITLE AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF LA WS OF THE CITY OF WHEAT RIDGE AND PROVIDING A PROCESS FOR DESIGNATING AND PROTECTING HISTORIC LANDMARKS WITHIN THE CITY WHEREAS, the City of Wheat Ridge, Colorado (the "City"), IS a home rule mUlllClpahty pursuant to ArtIcle XX of the Colorado ConstItution with all the power of local self-government and home rule, including the authofIty to regulate the use and development of land wlthll1 Its lImits, and WHEREAS, the City has undertaken regulation of use and development of property within its limits by enactment of ordinances regulating zoning and development WIthin the CIty, one stated purpose of whIch is to protect the value of property and promote the welfare of the residents of the City, and WHEREAS, the City has Identified a need to provide a process to evaluate and protect huildingsand structures deemed to have hlstofIcal. architectural or archaeological slgl11ficance BE IT ORDA]NED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE. COLORADO. AS FOLLOWS SectIOn I Chapter 26 of the Code of Laws of the City of Wheat Ridge, Colorado, concerning Zoning and Development, is amended by the addition of a new Article VI, entitled "Historic PreservatIon," which ArtIcle shall read as follows in Its entirety Article VI. HISTORIC PRESERV AnON See. 26-600. Intent and Purpose. ( ]) The purpose of tlllS Article is to establish and preserve historic landmarks for the educatIOnal, cultural and economic benefit of Wheat Ridge citizens by (a) Preserving, protecting, enhancing, and regulating the use of hui]dings and structures that are reminders of past eras, events and person(s) Important 111 local. state or natlOna] history, which are landmarks in the history of archItecture. which provide examples t\11!J'i1(J2T ]:"C' IXC) Il-t of the physical surroundings m which past generations lived or which are archaeo]oglcally significant, and (b) Ensunng that the historic character IS preserved m development and maintenance of such buildings and structures, (c) Stll11Ulatmg educatlOna], cultural and spIrItual dimensIons by fostenng the knmvledge of Wheat RIdge's hentage and cultlvatmg CIVIC pride in the accomplishmenb oj' the past, and (d) Cooperating WIth state and federal hIstorical preservation efforts (2) It IS not the intention of this Article to preserve every old buildmg or structure in the City, but rather to provide a process to evaluate and protect only those buildings and structurcs deemed to have histoncal significance Sec. 26-601. Supplement to Zoning Provisions; Other Code Sections linaffected. (1) The reqUirements of thIS Article are 111 addition to all other zoning prOVIsions contained in this Chapter 26 and are not to be construed so as to waIve any other eXistIng and applicable zoning regulation, unless speCIfically excepted by CIty Council pursuant to section 26-606, and shall apply to all zone districts in place at time of adoption of this Ordinance or hereafter (2) Where a conflict exists between the provisions in this Article VI and other provISIons of this Code, the provisions set forth in this Article VI shall not affect the provisions set forth elsewhere 111 thiS Code Sec. 26-602. Definitions. (1) For the purposes of thiS Article, the following words and terms are defined as set forth herein. Community Significance Variance A variance from height, setback, square footage or any other code provisions determined by City Council as necessary to preserve the hlstonc character and/or slgmficance of an affected historic landmark. Dl'vclofJml'lIf applicatioll. adm1l11stratlve relIef that would improvements thereon Any permit, site plan, rezonmg, variance application or change the character or appearance of property and/or Exterior architectural feature The architectural style. deSign, general arrangement and components of all of the outer surfaces of an improvement as dlstmgUlshed from the mtenor t\1l1J' '))OlT ))-;3-H)l) 1)4 2 surfaccs enclosed by saId exterior surfaces. including, but not lImited to, the kind, color and texture of the bUlldmg materIal and the type and style of all wmdows, doors, lights, sIgns and other fixtures appurtenant to such improvement Historic preservation The protection, rehabilitation, restoration, renovatIOn and reconstruction of buildmgs, structures and objects Significant m Wheat RIdge history, archItecture, archaeo]ogy, engineering or culture Historic Landmark. Any structure or improvement deSignated as hIstoric under the proviSIOns of this Article Inventory A Iistmg of bUildIngs and structures wlthm the CIty whIch ref1ect an earlIer time or whIch contribute to the overall histOrIC character or herItage of the CIty, includmg a I1st of historic landmarks deSIgnated pursuant to this Article Landmark Alteration Perlnit Any permit issued by the City pertaining to construction, alteratIOn, removal or demolItIOn of a bUlldmg or feature wlthm a designated 11lStoric landmark or landmark sIte Major change Alteration to an historic landmark which may fail to preserve, enhance or restore the exterIor architectural features of the landmark by affecting the specla] character or special historIcal, architectural or archaeological nature of the historic landmark which gave rise to the histOrIC designation Minor change Alteration to a hIstOrIC landmark which preserves, enhances or restores the exteflor architectural features of the landmark or sIte A mmor change does not adversely affect the special character or speCIal hlstoflcal, architectural or archaeologIcal nature of the historic landmark or site Owner Any person, persons or entities having such fight to, title to or interest in any parcel of land or improvement so as to be legally entitled, upon obtaining the required permIts and approvals from the CIty agenCIes having jurisdiction over bUlldmg constructIOn, to perform, with respect to such property, construction, alteratIon, removal. demolitIon or other work as to which sueh person seeks the authorization or approval of the Preservation Specialist or the City CounCIl Preservation Specialist The person under the superVISIon of the City Manager who prepares presentations for CIty Council meetings at which historic designation applicatIOns are considered and serves as the initial recipient of historic landmark designation and development applicatIOns MIll' 'i ~U2;' 1 R ~4R() O..j. 3 Reasonable Return The capaCIty, under reasonably efficient and prudent management. of earnmg a reasonable return on an mvestment Restoratloll. Puttmg a buildIng or structure back into the form it held at a particular date in time as nearly as possible, the accomplishment of which often requires the removal of work wInch IS not "of the penod " Structlln' Any huilding, Improvement, shelter or any other construction built for the shelter or enclosure of persons, animals or chattels or any part of such structure when subdIVIded by diVISIon walls or party walls extended to or ahove the roof or without openIngs In separate walls Wheat Ridge Historical Society A Colorado non-profit corporation, recognized as tax-exempt pursuant to * 501(c)(3) of the Internal Revenue Code, or any of its successors, the general purpose of which is to gather information about historic persons, events and places In the City of Wheat Ridge, provide for historic preservation, and to educate and stimulate mterest in such persons, events and places Sec. 26-603. Benefits of Historic Landmark Designation (1) Historic landmarks may be eligible for grants for preservation, restoratIOn or stabilization from the City, state or other grantmg organizations (2) The City, in collaboration WIth the Wheat Ridge Hlstorica] Society, in Its discretion, may write recommendations for such grants or moneys and assist property owners In apply ing for state or national hlstonc deSIgnation. (3) CIty CouncIl, mlts sole dIscretIon, may make avaIlable economic mcentives to hlstonc landmarks The CIty CouncIl IS authOrIzed to seek and accept prIvate or puhlIc grants whIch would enhance historic preservatIOn. (4) The City shall supply a plaque of appropriate size which states that a deSignated histonc landmark is a Wheat Ridge Histonc Landmark and protected under the provisions of this Article (5) If approprIate, the City Council may grant a community sigmficance variance I\tl[J\'il()27' lr;J~1-\<)_()..t 4 Sec. 26-604. Process for Designation of Historic Landmark (]) Any ll1dlVidua] structure or buildIng withll1 the City is eligible for deslgnatlUn as an hlstonc landmark. (2) Inclusion of any property in the Nationa] Register of Histonc Places as provided in the NatIOnal Historic Preservation Act of 1966 shall mean that the landmark is automatically deslgnatcd a local hIstoric landmark subJect to the protections of this Article (3) An application for historic designation may be submitted by the property owner, by a member of the Wheat Riuge H Istoncal SOLlety Board of Dlrcctors or by a member of City Council The applicatIOn shall be on a form as prOVided by the CIty Preservation Specialist and shall be submitted to the City PreservatlUn Specialist who shall first refer the applIcatIOn to the Wheat RIdge HIstorical SOCiety Board of Directors for revIew anu recommendatIon If the applIcatlol11smade by anyone other than the property owner, the City Preservation SpeCIalIst shall promptly send the owner a copy of the applIcation via certified maIl The property owner may file a written objectIOn to the application with the Preservation SpcClalIst WIthin 30 uays after the uate the Preservation Specialist maIls the owner a copy of the application (4) In accoruance WIth Its own rules and by-laws, the Wheat RIdge Hlstoncal SOCiety Board of DIrectors shall review the application for historic deSIgnatIOn and shall make a recommendation to City Council on whether the City CounCIl should grant histonc uesignation Fai]ure of the Wheat RIdge Historical Society Board of Directors to proVIde a recommendation within 30 days of the date that the application is sent to it for referral shall be deemed to be a recommendation for denial (5) Upon receipt of a recommendation from the Historical SocIety Board of Directors, or after the passage of 30 days from the date an application IS sent to the Histoflca] SocIety for referral, the Preservation Specialist shall schedule a City Council public hearing on such historic deSIgnation applicatlUns Notice of the public hearing shall be scnt to the Owner of thc affected property VIa certIfied mall awl shall be published m a newspaper of general Circulation and shall be posteu on the property by a sign which conforms WIth the requirements of ~ 26- 6(F)(3) at least fifteen (15) uays before the date of the publIc hearing Such notIce shall statc the uate, tnne and place of the public hearing, state that an application has been fileu for historic designatIon of the structure and describe the location of the ]anumark by street address, legal description, map and/or other uescriptive mformation sufficient to reasonably advise the public and/or any interested persons of the pendency of the applIcatIon If the property owner files a written Ob]ectlUn to the application, City Council shall ho]u saluhearing within 45 days of the date of receipt of the recommendation of the Historical Society Board of Directors or wlthm 45 days after the passage of 30 uays from the date the application is sent to IIistorical Society for referral MI[J'')1()27' lX14X<J 0-1-Y 5 Sec. 26-605. City Council Designation. (I) Followmg public hearing, CIty Council may designate hy ordinance historic landmarks m the CIty of Wheat Ridge to accomplish the purposes of this ArtIcle In makmg SUdl designations, City Council shall consider the recommendation of the Wheat Ridge HIstorIcal SOCIety Board of DIrectors, the testimony and evidence presented at the public hearing and the followmg CrItCrIa (a) No structure or buildmg shall be granted l1lStorIC designatIOn unless CIty Council determmes that the property owner wIll retain the ahility to earn a Reasonable Return on the property wInch IS the subJect of the applicatIOn, and (h) CIty Council shall conSIder whether the structure IS of particular hlstoncal, architectura], cultural or archaeo]oglcal significance which Exemplifies or reflects the hroad cultura], political, economic or socia] history of the nation, state or community, or 2 Is Identified with hIstOrIC persons or WIth Important events in natIOnal, state or ]ocal history, or 3 Embodies distinguishing characterIstics of an archItectural type inherently valuable for the study of a period, style, method of construction or of mdlgenous materIals or craftsmanship, or 4 ]s representative of the notable work of a master builder, designer or archItect whose mdividual ahility has been recognized, or 5 Is recommended as an histOrIC landmark by the Wheat Ridge l-lIstorIcal SocIety Board of Directors, (2) CIty CouncIl may grant histOrIC deSIgnation in the presence of one or more of the criterIa set forth in (1 )(b)(1) throngh (1)(h)(6) above, but need not find that all of those cntena are met. (3) If an applIcatIOn for historic designation is suhmltted hy either a CIty CounCl]memher or a member of the Wheat Ridge Historical SocIety Board of Directors and the property owner does not desire hIstOrIC designatIOn and so mdicates hy filing a WrItten protest hefore the scheduled publIc hearIng, hIstorIC deSIgnation shall he granted only upon a three-fourths vote of the entire CIty Council MIl]' ')3()27\ \l-I34Bl).{)4 6 (4) It shall be unlawful to demolish, destroy or undertake any major change to a structure which IS the subject of a pendmg hlstonc deSignation apphcatiOn until such tIme as CIty CounLil has determincd whether such designatiOn shall or shall not be granted (5) The Planning Department and the Public Works Department shall mamtam an Inventory of all designated historic landmarks and all structures which are the subject of pending applications for historic designation. Upon receipt of an application for either a permIt or a request to carry out any new construction, alteration, removal or demolition of a structure on or in an hlstonc landmark or on a structure which is the subject of a pendmg app]icatlon for hlstonc designation, or a zoning change or development plan change, the P]anmng or Public Works Department shall forward such permit application, request or ll1formation to the PreservatlUl1 SpeCIalist wlthm ten (10) workmg days No permit shall be Issued or request granted by saId departments before a landmark alteration permIt has been Issued by eIther the PreservatIOn Specialist or CIty Council or until a determination has been made by City Council not to grant hlstonc designation. Sec. 26-606. Community Significance Variances. (1) In additIon to historic designation, or at any time after granting histone designatIon, the City CouncIl may, upon apphcation therefor, grant community SIgnIficance variances to hlstonc landmarks (2) When a communIty signIficance variance IS sought after hlstonc deSIgnatIOn has already been granted, the notice and hearing requirements for granting such a vanance shall be as set out In section 26-604(5) except that the notice shall state that an application has been filed for a community significance variance. (3) The cntenon for determining that a vanance should be granted IS that the vanance IS necessary to preserve the histonc character and/or Significance of the affected structure (4) The vanance shall remain in effect only until such time as the use which created the historic character of the landmark changes or ceases Failure to mamtain the subject of a vanance m good repair and working order may cause a resciSSIOn of the variance Sec. 26-607. Limitations on Development Affecting Historic Landmarks (]) No person shall carry out or cause to be carned out on any historic landmark any constructIon, alteration, removal or demolition, or make any changes that would impair the hlstonc nature of the histonc landmark without first obtaining a landmark alteration permit therefor in accordance with this Article MHJ' ') ~()2;' lR34WJ.(l4 7 (2) NothIng In this section shall be construed to prevent any constructIOn, alteration, removal, or demolItion necessary to correct an unsafe or dangerous condition uf any structure, or parts thereof where sUL:h cunditiun IS declared unsafe or dangerous by the City Bui]ding or Planning and Development Departments, or fire department and where the proposed measures have been declared necessary by the CIty Manager to correct the dangerous condItIOn, as lung as only such work. whieh IS necessary to correct the condition IS performed Any temporary measures reqUired by the City under this section may be taken without first obtailllng a landmark alteratIon permIt. but a permIt is reqUired for permanent alteratIon, removal or L1emolItlOn of an histOrIC landmark (3) If the CIty proviLles the applIcant with a landmark alteratIOn permit, the applIcant must apply for a bUlldll1g permIt wlthlll six months of the date of the permIt (4) If the CIty dellles a landmark alteratIOn permit, no person may submit a subseL]uent application for the same construction, alteratIOn, removal or demolition withll1 one year from the date of the final action upon the earlier application. Sec. 26-608. Initial Processing of Applications for Landmark AIteration Permits. (1) Applications for a landmark alteration permit shall be submitted to the PreservatIOn SpeCialIst on a form as provided by the PreservatIon SpecialIst and shall contain such information as reqUired to assure full presentatlun of the facts necessary for proper consideration of the permIt (2) Landmark alteration permit applications for mlllor changes shall be determll1ed by the Preservation Specialist III accordance with thIS Article Landmark alteratIon permit applIcations for maJor changes shall be determIned by CIty Council III accordance WIth thIS Article (3) The Preservation Specialist shall determine whether the landmark alteratIon permit application reL]uests a "major change" or a "minor change" tu the histonc lanLlmark. Sec. 26-609. Minor Change Landmark Alteration Permits (]) In determIning whether to grant an application for a minor change landmark alteratIOn permit, the Preservation Specialist shall grant the permit If the requested alteration to a hIstOrIC lanLlmark would preserve, enhance or restore the extenor architectural features of the landmark or site The proposed work shall not adversely affect the special character or speCIal historical, archItectural or archaeo]ogical nature of the landmark or site (2) Any person aggrieved by a determination of the Preservation SpeCialIst to grant or deny a mInor change landmark alteration permit may appeal such determination to the City Council t\11lF53027' li'\34~() ()4 8 withm ten (10) workmg days of the date of the PreservatIon Specialist's deterI111natlOn hy filing an appeal wIth the office of the City Clerk. Such appeal shall state the grounds for appeal Wlth111 thIrty five (35) days of the date the appeal IS received 111 the office of the City Manager, the CIty CounCIl shall set a date for a heanng on such appeal, whIch hearing shall he held no later than sIxty days after the date the appeal IS receIved 111 the office of the CIty Manager The CIty Council shall have the power to overrule the Preservation SpeCIalist's deCIsion hy a vote of a majority of the City Council The determination of the City Council follow111g the appeal hearing shall he issued within forty-five (45) days of the hearing and shall be a final determination for purposes of Ru]e 106, Colorado Ru]es of CIvil Procedure Sec. 26-610. Major Change Landmark AIteration Permits. (l) The Clly Preservation Specialist shall schedule the permIt apphcatlon for a major change on the next avallahle agenda of the Wheat Ridge Hlstoncal SOCiety Board of Directors The Preservation Speclahst shall notify the permit apphcant of the date of the H Istoncal SocIety Board of Directors' meeting at which the application shall he considered via first class mall at least fifteen (] 5) days hefore the date of the meeting (2) At the conclUSIOn of the Historical Society Board of Directors' meeting at whIch the SOCIety considers an application for a landmark alteration permit to make a "major change," the H istonca] SOCIety Board of Directors shall forward to City Councl] a recommendatIOn It eIther grant or deny such permit (3) CIty Council shall schedule a heanng on such maJor change landmark alteratIOn permIt apphcatlOn NotIce of the heanng shall be as set forth 111 SectIon 26-604(5) except that the notice shall state that an application has been filed for a major change landmark alteratIon permit Such notice shall be sent to the permit applicant via first class mail and shall he puhlished as in Section 26-604(5) (4) During the City Council hearing on the major change landmark alteration permit apphcation, City Council shall consider the recommendation of the Histonca] Society, the evidence or testImony presented at the hearing, and whether the proposed work will matenally and adversely affect the speCIal character or special historical, architectural or archaeo]oglca] nature of the histonc landmark City Council shall make its determmatlon to grant or deny the maJor change landmark alteration permit WIthin sixty (60) days of the date of the hearing and shall notify the applicant of Its vote within fifteen (l5) days of the date of the vote In wrIting. including the major change landmark alteration permit if the City CounCIl has voted to grant such permit ivlllJ' 'i3ll2]' 1~)4Xt).()4 9 Sec. 26-611. Maintenance of Historic Landmarks All structures, architectural features, buildings and improvements which are designated hlstonc pursuant to thiS Article shall be maintamed in good repair so as to prevent deterioration FaIlure to mamtain all histonc structures, architectural features, buildings, and llnprovements in good repair shall constitute a vio]atlon of this Code Sec. 26-612. Removal of Historic Designation. (1) An applIcation for removal of hlstonc designation may be submItted by the Owner of the property whIch holds such designation, by a member of the Wheat Ridge Hlstorica] SocIety Board of DIrectors or by a member of CIty Councl] as in SectIon 26-604(3) The app]icatlon shall be processed m the same manner as in Section 26-604(3) through (5) and Section 26 605 except that the cnteria for removal of historic designation shall be that (a) The property has ceased to meet the cntena for hIstoric desIgnatIOn because the 4ualItles which caused it to be ongmally listed have been lost or destroyed, (b) Additiona] information shows that the structure or property no longer meets any of the cntena for historic designation contained m section 26-605 (2) Properties removed from the State Register or the NatIOnal Register of Hlstonc Places shall not be conSIdered to have been automatIcally removed from the City's historic mventory without formal action of the CIty Council (3) If eIther a City Councllmember or a member of the Wheat RIdge Hlstoncal Society Board of Directors submits an applIcatIon for removal of hlstonc deSIgnation and the property Owner does not deSIre removal of historic designation and so indicates by filing a written protest bdore the scheduled publIc heanng, hlstonc designation shall be removed only upon a three-fourths vote of the entire City Council Sec. 26-613. Recordation of Memorandnm of Action. (1) WIthm fifteen (15) days of a CIty Council designation of an hlstonc landmark, the City shall cause to be recorded WIth the Jefferson County Clerk and Recorder a Memorandum of Action winch sets forth the followmg (a) Address and legal description of the rea] property affected by the historic landmark deSIgnation which underlies the structure which has been designated as historic, (b) A statement that such real property is subject to Article VI. Chapter 26 of the Wheat RIdge Code of Laws pertaining to the historic landmark requirements ~IIIJ 53027 ] ,34WJ II" 10 - - (2) WithIn fifteen (IS) days of the date that the CIty CouncIl removes an hIstoric desIgnatIOn, the CIty shall cause to he recorded With the Jefferson County Clerk and Recorder a Memorandum of Action which sets forth the follOWIng (a) The Information contaIned In subsection (1 )(a) abOve, and (b) A statement that the Owner of such real property IS no longer reqUIred to conform WIth the historic landmark requirements of Chapter 26, Article VI of the Wheat Ridge Code of Laws Sec. 26-614. Violations and Penalties. (1) Any person who IS an Owner as defined in Section 26-602 or a manager of property subject to any provIsion of thIS Article shall be responsible for compliance With all provisions of this Article HIstoric designation may be subject to a revie\V for loss of designation as a result of a convIction of the Owner for a violation of this Article (2) Any person VIOlatIng any proviSIOn of thiS Article shall be subject to a fine of mne hundred and ninety nine dollars ($999 00) or by imprisonment not exceeding one (1) year, or hy hoth such fine and imprisonment. Each and every day during which a VIOlatIon continues shall he deemed a separate offense and shall be prosecutable and punishahle as a separate offense (3) The nnposltlon of any penalty hereunder shall not preclude the CIty or any proper person from Instituting any proper actIOn or proceedIng to require compliance wnh the provIsIons of tl1lS Article In case any bUIlding or structure IS erected, constructed, externally reconstructed, externally altered, added to or demolished m VIOlatIOn of thiS Article, the City or any proper person may institute an appropnate action or proceeding to prevent any un]awful erection, construction, reconstruction, exterior alteration, addition or demolition SectIOn 2 SupersessIOn Clause If any proVISIon, reqUIrement or standard estahl1shed hy thiS Ordinance IS found to conflIct WIth sunIlar provlslOns, reqUIrements or standards found elsewhere m the Code of Laws of the CIty of Wheat Ridge, which are in existence as of the date of adoptIon of thIS OrdInance, the provisions, requirements and standards herem shall supersede and prevaIl Section 3 Safety Clause The CIty Council herehy finds, determmes, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it IS promulgated for the health, safety, and welfare of the puhlic and that this Ordmance IS necessary for the preservatIOn of health and safety and for the protection of puhlic i\.1I1r':;1()2T]~J4~() O..j. 11 convemence and welfare The City Council further determines that the Ordmance bears a ratIOnal relatIOn to the proper legislatIve object sought to be attained SectIOn 4 EffectiVe Date ThIS Ordmance shall take effect fifteen days after final publication, as provided by section 5 11 of the Charter ]NTRODUCED, READ. AND ADOPTED on first read1l1g by a vote of 8 to 0 on this 24th day of November, 1997, ordered publI,hed 111 full in a newspaper of general cIrculatIon 111 the CIty of Wheat Ridge and PublIc Heanng and consideratIOn on final passage set for December22,]997, at 7 00 o'clock P 111., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado MIIJ',S.3ll27', 1 ~.34RI).()4 ]2 READ, ADOPTED AND ORDERED PUBLISHED on second and final readmg by a vote of L to ~,tlns 22nd day of December ,1997 SIGNED by the Mayor on this 23rd day of December ,1997 A TrEST / ( I ell / . ( . I ",-"-Ie' Gr~);h;n IC{r~~:: ;Jayor /1 ( , )~/ ) J < ----' ~~, ,i ---1 \ WANDA SANG, CITY CLERK APPROVED AS TO FORM BY CITY ATTORNEY ] st Publication December 5, 1997 2nd Publication January 2, 1998 Wheat Ridge Transcript Effective Date January 17, 1998 ~vlllJ\"i31)2T,] !\14XCJ ().+ 13