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TABLE OF CONTENTS

CHAPTER 14

LANDMARK PRESERVATION

Articles:

Article I  In General

Sec. 14-1  Definitions

Sec. 14-2  Declaration of policy

Sec. 14-3  Purpose

Sec. 14-4  Staff

Sec. 14-5  Standards for determining the eligibility of sites, structures, objects and districts for designation as Fort Collins Landmarks or Landmark Districts

Sec. 14-6  Process for determining the eligibility of sites, structures, objects and districts for designation as Fort Collins Landmarks or Landmark Districts

Sec. 14-7  Waiver of conditions

Sec. 14-8  Offenses against historic property

Sec. 14-9  Appeal of decisions

Sec. 14-10  Severability

Article II  Designation Procedure

Sec. 14-21  Initiation of designation procedure

Sec. 14-22  Hearing process

Sec. 14-23  Notice of hearing

Sec. 14-24  Department of Community Development and Neighborhood Services review

Sec. 14-25  Findings and recommendations of Commission

Sec. 14-26  Transmittal to City Council

Sec. 14-27  City Council action

Sec. 14-28  Recording with County Clerk

Sec. 14-29  Final notification to owner

Sec. 14-30  Interim control

Sec. 14-31  Amendment or rescission of designation

Sec. 14-32  Notification of state or national designation

Article III  Construction, Alteration or Demolition of Designated Historic Resources

Sec. 14-46  Work requiring building permit

Sec. 14-47  Work not requiring building permit; application for approval

Sec. 14-48  Report of acceptability

Sec. 14-49  Work not detrimental to historic, architectural or cultural material; administrative process

Sec. 14-50  Denial of building permit

Sec. 14-51  Remedying of dangerous conditions

Sec. 14-52  Normal maintenance and repair

Sec. 14-53  Minimum maintenance requirements

Sec. 14-54  Violations and penalties

Sec. 14-55  Severability

Article IV  Demolition or Alteration of Historic Structures Not Designated as Fort Collins Landmarks or Located in a Fort Collins Landmark District

Sec. 14-71  General

Sec. 14-72  Procedures for review of applications for demolition or exterior alteration

Sec. 14-73  Remedying of dangerous conditions

Sec. 14-74  Notice defects

Article V  Landmark Rehabilitation Loan Program

Sec. 14-81  Purpose

Sec. 14-82  Establishment; funding

Sec. 14-83  Criteria

Sec. 14-84  Reserved


ARTICLE I.
IN GENERAL

14-1.  Definitions.Go to the top

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section:

Adverse effect shall mean that a project or undertaking may alter, directly or indirectly, any of the characteristics that qualify a property for designation, either individually or as a contributing element of a district, in a manner that would diminish the property's exterior integrity. Adverse effects may include reasonably foreseeable effects caused by the undertaking that may occur later in time, be removed in distance, or be cumulative.

Alteration shall mean any act or process, including relocation, which changes one (1) or more of the physical characteristics of a designated site, structure, object, or district or a site, structure, object or district eligible for designation.

Characteristics shall mean the visible and tangible attributes of a site, structure, object or district, including, but not limited to, the architectural design, style, general arrangement and components of all the outer surfaces of a site, object, structure or improvement, including, but not limited to, the color, texture, materials, type and style of all windows, doors, lights, signs and other fixtures appurtenant to said site, object, structure or improvement.

Commission shall mean the Landmark Preservation Commission created in § 2-276.

Compatible shall mean the characteristics of different uses or activities or design which allow them to be located near or adjacent to each other in harmony. Some elements affecting compatibility include height, scale, mass and bulk of structures. Other characteristics include pedestrian or vehicular traffic, circulation, access and parking impacts. Other important characteristics that affect compatibility are landscaping, lighting, noise, odor and architecture. Compatibility does not mean "the same as." Rather, compatibility refers to the sensitivity of development proposals in maintaining the character of existing development.

Construction shall mean the erection of any on-site improvements on any parcel of ground located within a designated or eligible district or on a designated or eligible site, whether the site is presently improved or unimproved, or the erection of a new structure on such property.

Context shall mean the totality of interrelated conditions in which a site, structure, object or district exists. The context of an area is the sum of the existing buildings and spaces, and the pattern of physical development in the area. It can also be a measurement of the scarcity or profusion of a particular resource type.

Contributing shall mean a site, structure or object eligible for designation, or formally designated, that has significance and that retains enough exterior integrity to contribute to the character of a district even though its exterior may have been altered.

Demolition shall mean any act or process that destroys in its entirety an eligible or designated site, structure or object, or a site, structure or object within an eligible or designated district.

Determination of eligibility shall mean a decision by the Director and the chair of the Commission, or the Commission, that a site, structure, object or district meets one (1) or more of the standards for designation as a Fort Collins landmark, which determination shall be valid for five (5) years. The determination of eligibility for the National and/or State Register of Historic Places shall be according to the processes and procedures of the Colorado Historical Society.

Director shall mean the Director of Community Development and Neighborhood Services or his or her designee.

District shall mean a geographically definable area possessing a significant concentration, linkage or continuity of sites, structures or objects and their surrounding environs united by past events or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically but linked by association or history.

Eligibility shall mean a resource's ability to meet one (1) or more of the standards for designation as a Fort Collins landmark, or the criteria for designation on the National Register of Historic Places and/or State Register of Historic Properties. There are three (3) levels of eligibility for Fort Collins landmark designation: individual, contributing to a district, and noncontributing/not eligible.

Improvement shall mean any building, structure, place, work of art or other object constituting a physical betterment of real property or any part of such betterment, including improvements on public property.

Individual landmark shall mean a site, structure or object eligible for designation, or that has been formally designated, that has significance and exterior integrity. The property may have minor exterior alterations as long as such alterations have not substantially compromised the site's, structure's or object's exterior integrity.

Landmark or landmark district shall mean any site, structure, object or improvement and its surrounding environs or a group of sites, structures, objects or improvements or both and their surrounding environs:

(1)  Which has a special character or special historic or aesthetic interest or value as part of the development, heritage or cultural characteristics of the City, State or Nation; or

(2)  Wherein any event of major historic significance with a measurable effect upon society took place; or

(3)  Which is closely identified with a person or group of persons who have had some measurable influence on society; or

(4)  Wherein the broad cultural, political, economic or social heritage of the community is exemplified; or

(5)  Which faithfully portrays the environment of a group of people in an era of history characterized by a distinctive architectural style or which embodies those distinguishing characteristics of an architectural-type specimen or which is the work of an architect or master builder whose individual work has influenced the development of the City; or

(6)  Which, because of being a part of or related to a square, park or other distinctive area, should be developed or preserved according to a plan based upon a historic, cultural or architectural significance; or

(7)  Which, due to unique location or singular physical characteristic, represents an established, familiar and significant visual feature of the neighborhood, community or City; or

(8)  Officially designated as a Fort Collins landmark or Fort Collins landmark district pursuant to the provisions of this Chapter; or

(9)  Officially designated as a state or national landmark or landmark district.

Major alteration shall mean work that has the potential to substantially affect more than one (1) aspect of exterior integrity.

Minor alteration shall mean work that has the potential to substantially affect no more than one (1) aspect of exterior integrity.

Noncontributing/not eligible shall mean a site, structure or object that does not possess sufficient significance and/or exterior integrity for designation, and is considered noncontributing to a district, or not eligible to be designated as an individual landmark.

Object shall mean a material thing of functional, aesthetic, cultural, historical or scientific value that may be, by nature or design, movable.

Owner shall mean the owner of fee simple title as shown in the records of the County Assessor.

Repair and maintenance shall mean work done on a site, structure or object in order to correct any deterioration, decay or damage to any part thereof in order to restore the same as nearly as practical to its condition prior to such deterioration, decay or damage.

Resource shall mean any site, structure or object that is part of or constitutes a property.

Significant structure shall mean a house, commercial/industrial building, barn, stable, granary, carriage house, chicken house or similar structure.

Site shall mean the location of a significant event, a prehistoric or historic occupation or activity or a structure or object whether standing, ruined or vanished, where the location itself maintains historical or archeological value regardless of the value of any existing structure.

Structure shall mean that which is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner.

(Code 1972, § 69-3; Ord. No. 78, 1988, § 4, 6-7-88; Ord. No. 130, 2002, § 12, 9-17-02; Ord. No. 186, 2002, § 1, 1-7-03; Ord. No. 132, 2009, §§ 1, 2, 12-15-09; Ord. No. 067, 2012, §§ 1—6, 8-21-12; Ord. 057, 2014, § 1, 4-15-14)

Cross-reference—Definitions and rules of construction generally, § 1-2.

14-2.  Declaration of policy.Go to the top

(a)  It is hereby declared as a matter of public policy that the protection, enhancement and perpetuation of sites, structures, objects and districts of historical, architectural or geographic significance, located within the City, are a public necessity and are required in the interest of the prosperity, civic pride and general welfare of the people.

(b)  It is the opinion of the City Council that the economic, cultural and aesthetic standing of this City cannot be maintained or enhanced by disregarding the historical, architectural and geographical heritage of the City and by ignoring the destruction or defacement of such cultural assets.

(Code 1972, § 69-2(A), (C); Ord. No. 186, 2002, § 2, 1-7-03; Ord. 057, 2014, § 1, 4-15-14)

14-3.  Purpose.Go to the top

The purposes of this Section are to:

(1)  Designate, preserve, protect, enhance and perpetuate those sites, structures, objects and districts which reflect outstanding elements of the City's cultural, artistic, social, economic, political, architectural, historic or other heritage;

(2)  Foster civic pride in the beauty and accomplishments of the past;

(3)  Stabilize or improve aesthetic and economic vitality and values of such sites, structures, objects and districts;

(4)  Protect and enhance the City's attraction to tourists and visitors;

(5)  Promote the use of outstanding historical or architectural sites, structures, objects and districts for the education, stimulation and welfare of the people of the City;

(6)  Promote good urban design;

(7)  Promote and encourage continued private ownership and utilization of such sites, structures, objects or districts now so owned and used, to the extent that the objectives listed above can be attained under such a policy.

(Code 1972, § 69-2(B); Ord. 057, 2014, § 1, 4-15-14)

14-4.  Staff.Go to the top

The staff of the Commission shall consist of a secretary and such other staff as may be authorized by the City. The secretary shall be the custodian of the records of the Commission, shall handle official correspondence and shall generally supervise the clerical and technical work of the Commission. The Director shall act as secretary and staff liaison to the Commission.

(Code 1972, § 69-5; Ord. No. 186, 2002, § 3, 1-7-03; Ord. No. 132, 2009, § 3, 12-15-09; Ord. No. 067, 2012, § 13, 8-21-12; Ord. 057, 2014, § 1, 4-15-14)

Cross-reference—Community Planning and Environmental Services, § 2-521.

14-5.  Standards for determining the eligibility of sites, structures, objects and districts for designation as Fort Collins Landmarks or Landmark Districts.Go to the top

Properties eligible for designation must possess both significance and exterior integrity. In making a determination of eligibility, the context of the area surrounding the property shall be considered.

(1)  Significance is the importance of a site, structure, object or district to the history, architecture, archeology, engineering or culture of our community, State or Nation. Significance is achieved through meeting one (1) or more of four (4) standards recognized by the U.S. Department of Interior, National Park Service. These standards define how properties are significant for their association with events or persons, in design or construction, or for their information potential.

(2)  Standards for determining significance:

a.  Events. Properties may be determined to be significant if they are associated with events that have made a recognizable contribution to the broad patterns of the history of the community, State or Nation. A property can be associated with either (or both) of two (2) types of events:

1.  A specific event marking an important moment in Fort Collins prehistory or history; and/or

2.  A pattern of events or a historic trend that made a recognizable contribution to the development of the community, State or Nation.

b.  Persons/Groups. Properties may be determined to be significant if they are associated with the lives of persons or groups of persons recognizable in the history of the community, State or Nation whose specific contributions to that history can be identified and documented.

c.  Design/Construction. Properties may be determined to be significant if they embody the identifiable characteristics of a type, period or method of construction; represent the work of a craftsman or architect whose work is distinguishable from others by its characteristic style and quality; possess high artistic values or design concepts; or are part of a recognizable and distinguishable group of properties. This standard applies to such disciplines as formal and vernacular architecture, landscape architecture, engineering and artwork, by either an individual or a group. A property can be significant not only for the way it was originally constructed or crafted, but also for the way it was adapted at a later period, or for the way it illustrates changing tastes, attitudes, and/or uses over a period of time. Examples are residential buildings which represent the socioeconomic classes within a community, but which frequently are vernacular in nature and do not have high artistic values.

d.  Information potential. Properties may be determined to be significant if they have yielded, or may be likely to yield, information important in prehistory or history.

(3)  Exterior integrity is the ability of a site, structure, object or district to be able to convey its significance. The exterior integrity of a resource is based on the degree to which it retains all or some of seven (7) aspects or qualities established by the U.S. Department of Interior, National Park Service: location, design, setting, materials, workmanship, feeling and association. All seven (7) qualities do not need to be present for a site, structure, object or district to be eligible as long as the overall sense of past time and place is evident.

(4)  Standards for determining exterior integrity:

a.  Location is the place where the historic property was constructed or the place where the historic event occurred.

b.  Design is the combination of elements that create the form, plan space, structure and style of a property.

c.  Setting is the physical environment of a historic property. Whereas location refers to the specific place where a property was built or an event occurred, setting refers to the character of the place. It involves how, not just where, the property is situated and its relationship to the surrounding features and open space.

d.  Materials are the physical elements that form a historic property.

e.  Workmanship is the physical evidence of the crafts of a particular culture or people during any given period in history or prehistory. It is the evidence of artisans' labor and skill in constructing or altering a building, structure or site.

f.  Feeling is a property's expression of the aesthetic or historic sense of a particular period or time. It results from the presence of physical features that, taken together, convey the property's historic character.

g.  Association is the direct link between an important historic event or person and a historic property. A property retains association if it is the place where the event or activity occurred and is sufficiently intact to convey that relationship to an observer. Like feeling, association requires the presence of physical features that convey a property's historic character.

(5)  Context. The area required for evaluating a resource's context is dependent on the type and location of the resource. A house located in the middle of a residential block could be evaluated in the context of the buildings on both sides of the block, while a house located on a corner may require a different contextual area. Upon the submittal of an application necessitating a determination of eligibility for designation as a Fort Collins Landmark or Landmark District, the Director and/or the chair of the Commission shall determine the minimum area required for evaluating context, and such information, including photographs and other documents, as required for the determination.

(Code 1972, § 69-6; Ord. No. 186, 2002, § 4, 1-7-03; Ord. 057, 2014, § 1, 4-15-14)

Cross-reference—Buildings and building regulations, Ch. 5.

14-6.  Process for determining the eligibility of sites, structures, objects and districts for designation as Fort Collins Landmarks or Landmark Districts.Go to the top

(a)  Application. An application for determining the eligibility of a site, structure, object or district for designation as a Fort Collins Landmark or Landmark District may be made by any resident of the City or owner of property in the City on forms prescribed by the City. Said application shall be filed with the Director. Within fifteen (15) days of the filing of such application, the Director and the chair of the Commission (or a designated member of the Commission appointed by the chair) shall determine the site, structure, object or district's current level of eligibility (individual, contributing or not eligible) for designation as a Fort Collins landmark based on the information contained in the application and information provided by the staff of the City or others, which determination shall be valid for five (5) years. The Director shall promptly publish the determination in a newspaper of general circulation in the City, and cause a sign to be posted on or near the structure stating that the building or structure is undergoing historic review. Said sign shall be at least four (4) square feet in size, readable from a point of public access and shall state that more information may be obtained from the Director.

(b)  Appeal of determination. Any determination made by the Director and the chair of the Commission, or his or her designee, regarding the structure's level of eligibility may be appealed to the Commission by any resident of the City or owner of property in the City. Such appeal shall be set forth in writing and filed with the Director within fourteen (14) days of the date of the Director's determination. The appeal shall include a Colorado Cultural Resource Survey Architectural Inventory Form, prepared by an expert in historic preservation acceptable to the Director and the applicant, with the cost of such form to be paid by the appellant. Such form need not be filed with the appeal but must be filed at least ten (10) days prior to the hearing of the appeal. The Director shall schedule a date for hearing the appeal before the Commission as expeditiously as possible. Not less than ten (10) days prior to the date of the hearing, the Director shall provide the appellant with written notice of the date, time and place of the hearing of the appeal, which notice shall be deposited in the U.S. mail, and shall publish notice of the hearing in a newspaper of general circulation in the City. In addition, the Director shall cause a sign to be posted on or near the structure stating that the building or structure is undergoing historic review. Said sign shall be at least four (4) square feet in size, be readable from a point of public access, and state that more information may be obtained from the Director.

(Ord. No. 057, 2014, § 1, 4-15-14)

14-7.  Waiver of conditions.Go to the top

(a)  Upon a showing of substantial hardship or to protect against an arbitrary result, and following notice as provided in § 14-23 of this Chapter, the Commission may waive such conditions and requirements as are set forth in this Chapter provided the Commission finds that the spirit and purpose of the Chapter are not significantly eroded and that the requested waiver meets one (1) or both of the following criteria:

(1)  The requested waiver is the minimum necessary to accommodate exceptional physical conditions or other extraordinary and exceptional situations unique to the affected property, which may include, but are not limited to, physical conditions such as exceptional narrowness, shallowness or topography, and such difficulties or hardship are not caused by the act or omission of the applicant; and/or

(2)  The requested wavier as submitted will not diverge from the conditions and requirements of this Chapter except in nominal and inconsequential ways, and will continue to advance the purposes of this Chapter.

(b)  Any finding made under Paragraph (a)(1) or (a)(2) above shall be supported by specific findings showing how the proposal, as submitted, meets the requirements and criteria of said Paragraph (a)(1) or (a)(2).

(Code 1972, § 69-9(H); Ord. No. 89, 1989, § 2, 6-20-89; Ord. No. 186, 2002, § 22, 1-7-03; Ord. No. 067, 2012, § 7, 8-21-12)

14-8.  Offenses against historic property.Go to the top

(a)  Except as may be authorized pursuant to this Chapter or the provisions of the Land Use Code, no person shall damage, deface or destroy any site, structure or object that is designated as a Fort Collins, state or national historic landmark, or that is a contributing structure to any Fort Collins or national landmark district or that is undergoing any of the processes provided for in this Chapter.

(b)  Except in response to a bona fide determination of imminent threat under § 14-51 of this Chapter, no person shall deviate from or fail to comply with any approved plan of protection for any historic resource that is required under this Chapter or the Land Use Code.

(Ord. No. 057, 2014, § 1, 4-15-14)

14-9.  Appeal of decisions.Go to the top

Final decisions of the Commission shall be subject to the right of appeal to the City Council as set forth in § 2-46 et seq., unless otherwise provided. Any action taken in reliance upon any decision of the Commission that is subject to appeal under the provisions of this Chapter shall be at the sole risk of the person(s) taking such action, and the City shall not be liable for any damages arising from any such action taken during said period of time.

(Ord. No. 057, 2014, § 1, 4-15-14)

14-10.  Severability.Go to the top

It is hereby declared to be the legislative intent of the City Council that the provisions of this Chapter shall be severable in accordance with the provisions set forth below:

(1)  If any provision of this Chapter is declared to be invalid by a decision of any court of competent jurisdiction, the effect of such judicial decision shall be limited to that provision which is expressly stated in the decision to be invalid. Such decision shall not affect, impair or nullify this Chapter as a whole or any other part, and the rest of this Chapter shall continue in full force and effect.

(2)  If the application of any provision of this Chapter to any lot, structure or other improvement or a tract of land is declared to be invalid by a decision of any court of competent jurisdiction, the effect of such judicial decision shall be limited to that lot, structure or other improvement or tract of land immediately involved in the controversy, action or proceeding in which the judgment or decree of invalidity was rendered. Such decision shall not affect, impair or nullify this Chapter as a whole or the application of any provision to any other lot, structure or other improvement or tract of land.

(Ord. No. 057, 2014, § 1, 4-15-14)

Secs. 14-11—14-20.  Reserved.


ARTICLE II.
DESIGNATION PROCEDURE

14-21.  Initiation of designation procedure.Go to the top

The landmark designation process may be initiated by motion of the Commission or upon application of the owner(s) of the property to be designated, or of any three (3) or more residents of the City. All applications submitted in accordance with this Section shall include a description of the property proposed for designation and a detailed outline of the reasons why such property should be designated and why the boundaries of the property should be determined as described in the application. The Commission shall promptly determine whether the site, structure, object or district meets the criteria of a landmark or landmark district, and, if so, direct staff to investigate the benefits to the City of landmark designation. If the owner(s) are is not the applicant, the Director shall contact the owner of such landmark or landmark district outlining the reasons and effects of designation as a landmark and, if possible, shall secure the owner's consent to such designation. If the Director is unable to personally contact such owner(s), it shall be sufficient to send a written request for the consent to designation of such property by certified mail, return receipt requested, addressed to the owner(s) as shown on the most recent records of the County Assessor at the address shown on such records.

(Ord. No. 057, 2014, § 2, 4-15-14)

14-22.  Hearing process.Go to the top

(a)  If all owners of the property to be designated consent in writing to such designation, the Commission, upon the affirmative vote of a majority of the members present, may adopt a resolution recommending to the City Council the designation of the landmark or landmark district without the necessity of notice or hearing and without the review by the Department of Community Development and Neighborhood Services required by § 14-24 below.

(b)  If all owners of the property to be designated do not consent to designation of the property within fifteen (15) days from the date of receipt of the request for consent to designation, the Commission shall hold a hearing at a specified time, date and place, following the giving of notice as described in § 14-23 below. The purpose of said hearing shall be to determine whether to proceed with consideration of the designation process without the consent of one (1) or more owners of the property. Upon the affirmative vote of at least six (6) of its members at the hearing, the Commission may adopt a resolution stating that the preliminary investigation by the Commission indicates that the described property is eligible for designation as a landmark or landmark district, and stating the reason the Commission feels that it should further consider the possible designation of the property without the consent of the owners. The Commission shall then schedule a second public hearing as described in Subsection (c) below.

(c)  Upon determination by the Commission under Subsection (b) that it should further consider the designation of the property, and following the giving of notice as described in § 14-23 below, the Commission shall hold a second hearing. At least six (6) members of the Commission must be present at such hearing. If at least six (6) members are not present, the members present shall adjourn the meeting to another date within two (2) weeks. If at least six (6) members are not present at such adjourned meeting, the hearing shall be canceled and the designation procedure terminated. If any hearing is continued, the time, date and place of the continuation shall be established and announced to those present when the current session is to be adjourned. Such information shall be promptly forwarded, by regular mail, to the owners of record as established and addressed pursuant to § 14-23.

(d)  Reasonable opportunity shall be provided for all interested parties to express their opinions at the foregoing hearings regarding the proposed designation. However, nothing contained herein shall be construed to prevent the Commission from establishing reasonable rules to govern the proceedings of the hearings or from establishing reasonable limits on the length of individual presentations. The hearings shall be recorded and minutes provided to each City Councilmember. Written presentations, including the report of the Department of Community Development and Neighborhood Services as described in § 14-24 below, shall be included in the record of the hearing.

(Ord. No. 057, 2014, § 2, 4-15-14)

14-23.  Notice of hearing.Go to the top

Notice of the hearings referenced in § 14-22 above shall be given as follows:

(1)  Written notice of the time, date, place and subject of the hearing shall be sent by certified mail not less than thirty (30) days prior to the hearing to all owners of record on the date of the resolution who own the real property being proposed for designation as a landmark or landmark district. Such notice shall be deemed delivered upon the passage of five (5) days from the deposit of the notice in the mail.

(2)  Signs indicating that landmark designation is being considered by the Commission shall be posted by the Commission for a period of not less than fifteen (15) days immediately preceding the applicable hearing on all property proposed for landmark designation and/or on the boundaries of all areas proposed for landmark district designations. Such signs shall be prominently displayed and easily readable from abutting public ways.

(3)  A legal notice indicating the nature of the hearings, the property involved and the time, date and place of the scheduled public hearing shall be published in a local newspaper of general circulation one (1) time at least fifteen (15) days prior to the hearing.

(4)  Written notice of the proposed landmark designation, including the identification of the property, the basis for commencing with the designation procedure and the time, date and place of the hearing, shall be given to the Director not later than thirty (30) days prior to the hearing.

(Ord. No. 057, 2014, § 2, 4-15-14)

14-24.  Department of Community Development and Neighborhood Services review.Go to the top

(a)  The Department of Community Development and Neighborhood Services shall review the proposed designation with respect to:

(1)  Its relationship to the zoning ordinance of the City and the Comprehensive Plan of the City;

(2)  The effect of the designation upon the surrounding neighborhood;

(3)  Such other planning considerations as may be relevant.

(b)  The Department of Community Development and Neighborhood Services may recommend approval, rejection or modification of the proposed designation and its recommendation shall contain a statement of the basis for the recommendation. The recommendation shall be delivered to the Commission in written form at or prior to any hearing held under Subsection 14-22(c) above.

(Ord. No. 057, 2014, § 2, 4-15-14)

14-25.  Findings and recommendations of Commission.Go to the top

The Commission shall, within thirty-five (35) days of a hearing held under Subsection 14-22(c) above, adopt a recommendation to the City Council regarding the application for designation. The Commission may recommend modification of any proposal, but no proposal may be extended beyond the boundaries of the land described in the original application unless the initiation and hearing procedures are repeated for the enlarged boundaries. The Commission shall set forth in its records the findings of fact that constitute the basis for its recommendation.

(Ord. No. 057, 2014, § 2, 4-15-14)

14-26.  Transmittal to City Council.Go to the top

(a)  Within fifteen (15) days after reaching its decision, the Commission shall transmit to the City Council its recommendation on the designation of a landmark or landmark district, including the description of the property involved and the findings upon which the recommendation was based.

(b)  If more than one (1) property is involved in the designation procedure, the Commission may recommend designation for any or all of the properties involved. In no event may any property be added to the area described in the initiation resolution without instituting a new designation procedure.

(Ord. No. 057, 2014, § 2, 4-15-14)

14-27.  City Council action.Go to the top

Upon receipt of the recommendations transmitted by the Commission, the City Council may by ordinance designate property as a landmark or landmark district. Due consideration shall be given to the written view of owners of affected property, and in its discretion the City Council may hold public hearings on any proposed landmark or landmark district designation. If the City Council does not so designate a property, then any pending application for a permit to alter or demolish the structure on the property may be approved without the necessity of compliance with Article IV of this Chapter.

(Ord. No. 057, 2014, § 2, 4-15-14)

14-28.  Recording with County Clerk.Go to the top

Within fifteen (15) days of the effective date of an ordinance designating property as a landmark or landmark district, the City shall record among the real estate records of the County Clerk and Recorder either:

(1)  A certified copy of the ordinance designating the specified property as a landmark or landmark district; or

(2)  A notice stating that the specified property has been designated as a landmark or landmark district and citing the ordinance and the effective date of the ordinance which made the designation effective. The notice may also contain a brief summary of the effects of such designation as set forth in this Chapter.

(Ord. No. 057, 2014, § 2, 4-15-14)

14-29.  Final notification to owner.Go to the top

Within fourteen (14) days after the recording of the ordinance or the notice of designation of property as a landmark or landmark district, the Director shall send to the owner of each property so designated a letter outlining the reasons for such designation and the obligations and restrictions created by such designation. Such letter shall also contain a request that the owner or his or her successors or assigns notify the Director prior to:

(1)  Preparation of plans for the reconstruction or alteration of the exterior of improvements located on such property;

(2)  Preparation of plans for the construction, exterior alteration, relocation or demolition of improvements on such property.

(Ord. No. 057, 2014, § 2, 4-15-14)

14-30.  Interim control.Go to the top

No building permit shall be issued by the Department of Community Development and Neighborhood Services for the construction, alteration or demolition of a site, structure or object under consideration for landmark designation or any site, structure or object within a district under consideration for landmark district designation from the date of the hearing of the Commission at which the Commission approves a motion directing staff to investigate the benefits to the City of landmark designation under § 14-21 until final disposition of the designation by the City Council unless such alteration, construction or demolition is authorized by resolution of the City Council as necessary for public health, welfare or safety. In no event shall the delay in issuance of a building permit due to the provisions of this Section be for more than one hundred eighty (180) days.

(Ord. No. 057, 2014, § 2, 4-15-14)

14-31.  Amendment or rescission of designation.Go to the top

A landmark and landmark district designation may be amended or rescinded in the same manner as the original designation was made.

(Ord. No. 057, 2014, § 2, 4-15-14)

14-32.  Notification of state or national designation.Go to the top

The Director shall promptly notify the Commission of any known national or state designations which occur within the City.

(Ord. No. 057, 2014, § 2, 4-15-14)

Secs. 14-33—14-45.  Reserved.


ARTICLE III.
CONSTRUCTION, ALTERATION OR DEMOLITION
OF DESIGNATED HISTORIC RESOURCES

14-46.  Work requiring building permit.Go to the top

(a)  Except as provided in § 14-51 of this Article, action on an application for a building permit for a structure or object designated as a landmark or located in a landmark district shall be deferred by the Director until the application is accompanied by a report of acceptability from the Commission for the proposed work, when the proposed work involves any of the following:

(1)  Alteration or reconstruction of or addition to the exterior of any improvement which constitutes all or part of a landmark or landmark district;

(2)  Demolition or alteration of any improvement or object which constitutes all or part of a landmark or landmark district;

(3)  Construction or erection of or addition to any improvement upon any land included in a landmark district.

(b)  In order to obtain a report of acceptability, the applicant shall submit the application for a building permit, including sketches and plans. Such plans shall include, without limitation, a plan of protection acceptable to the Commission showing how the applicant will ensure that no damage will occur to any historic resources on or adjacent to the site, and other documents as required by the Commission, to the Commission through the Director. All such applications shall be reviewed by the Commission in two (2) phases to determine compliance with this Chapter as follows:

(1)  Conceptual review. Conceptual review is an opportunity for the applicant to discuss requirements, standards, design issues and policies that apply to landmarks or sites, structures and objects within a landmark district. Problems can be identified and solved prior to final review of the application. Conceptual review of any proposed work may be limited to certain portions of the work as deemed appropriate by the Commission. If, upon review of the proposed work, the Commission determines that conceptual review is not necessary given the absence of a significant impact on the landmark or landmark district involved, it may be waived by the Commission, and the Commission may then proceed to consider the proposed work on final review at the same meeting.

(2)  Final review and approval. Each application shall be finally reviewed and approved by the Commission at the same meeting as the Commission's conceptual review of the application, if any, or at a subsequent meeting of the Commission. During final review, the Commission shall consider the application and any changes made by the applicant since conceptual review as set forth in this Subsection.

(Code 1972, § 69-9(A); Ord. No. 130, 2002, §§ 11, 21, 9-17-02; Ord. No. 186, 2002, § 14, 1-7-03; Ord. No. 132, 2009, § 8, 12-15-09; Ord. No. 067, 2012, § 13, 8-21-12; Ord. No. 057, 2014, § 3, 4-15-14)

14-47.  Work not requiring building permit; application for approval.Go to the top

(a)  Except as otherwise provided herein, no land surface within any real property designated as a landmark or landmark district shall be changed and no improvements shall be erected, removed, restored, demolished or altered, including alterations of color, without prior written approval of the Commission. No addition shall be made to any real property designated as a landmark or landmark district in such a manner or of such a character as to change the exterior appearance or exterior characteristics which change shall be visible from any public street, park or other public place, without prior written approval of the Commission.

(b)  Any person desiring to remove, demolish or in any way change the exterior appearance or the exterior characteristics of improvements on real property designated as a landmark or in a landmark district or desiring to change the land surface of any such real property, shall submit to the Commission an application for approval and a specific statement of the work proposed, together with such details as the Commission may require.

(Code 1972, § 69-9(B); Ord. No. 89, 1989, § 1, 6-20-89; Ord. No. 186, 2002, § 15, 1-7-03; Ord. No. 057, 2014, § 3, 4-15-14)

14-48.  Report of acceptability.Go to the top

(a)  If upon receipt of an application for a report of acceptability pursuant to § 14-46 above, or upon receipt of an application pursuant to § 14-47 above, the Commission finds that the proposed work is of a nature that will not erode the authenticity or destroy any distinctive exterior feature or characteristic of the improvements or site and is compatible with the distinctive characteristics of the landmark or landmark district and with the spirit and purpose of this Chapter, the Commission shall advise the applicant in writing by issuing a report of acceptability. In the case of an application under § 14-46 above, upon receipt of the Commission's report of acceptability and approved plans and specifications, the Director may proceed with the review of the application for a building permit. No change that would defeat the purpose of this Chapter shall be made in an application for a building permit or the plans and specifications for the proposed work approved by the Commission without resubmittal to the Commission and approval of such changes in the same manner as the original application.

(b)  In determining the decision to be made concerning the issuance of a report of acceptability, the Commission shall consider the following criteria:

(1)  The effect of the proposed work upon the general historical and/or architectural character of the landmark or landmark district;

(2)  The architectural style, arrangement, texture and materials of existing and proposed improvements, and their relation to the landmark or the sites, structures and objects in the district;

(3)  The effects of the proposed work in creating, changing, obscuring or destroying the exterior characteristics of the site, structure or object upon which such work is to be done;

(4)  The effect of the proposed work upon the protection, enhancement, perpetuation and use of the landmark or landmark district;

(5)  The extent to which the proposed work meets the standards of the City and the United States Secretary of the Interior for the preservation, reconstruction, restoration or rehabilitation of historic resources.

(Code 1972, § 69-9(C); Ord. No. 130, 2002, § 11, 9-17-02; Ord. No. 186, 2002, § 16, 1-7-03; Ord. No. 057, 2014, § 3, 4-15-14)

14-49.  Work not detrimental to historic, architectural or cultural material; administrative process.Go to the top

(a)  Any work that would otherwise qualify for consideration under the procedures established in § 14-46 or § 14-47 above may, at the option of the applicant and with the consent of the chair of the Commission, be considered administratively by the Director. The Director may consider, under the authority of this Section, applications for approval of color selection from a historically authentic palette of colors, signs, awning re-coverings and minor exterior alterations to a landmark or a site, structure or object located in a landmark district. The Director may, under the authority of this Section, consider changes originally initiated by the applicant as well as changes to plans previously approved by the Commission. Any application submitted to the Director under the authority of this Section shall be in writing and shall contain a specific statement of the work proposed, together with such details as the Director may require.

(b)  If, upon receipt of any such application, the Director finds that the proposed work is compatible with the distinctive characteristics of the landmark or landmark district and with the spirit and purpose of this Chapter, and complies with all of the criteria for review established in Subsection 14-48(b) above, the Director shall render a written decision approving the work. In the case of an application under § 14-46 above, the Director shall proceed with the review of the building permit application only upon receipt of the Director's decision and approved plans and specifications. No change shall be made in any such application for a building permit or in the plans and specifications for work approved by the Director unless such changes are submitted to and approved by the Director in the same manner as the original application. The proposed work shall not be commenced until the Director has issued the decision approving the work and a building permit (if applicable) has been issued.

(c)  Decisions of the Director made under the authority of this Section may be appealed to the Commission by the applicant, provided that any such appeal shall be set forth in writing and filed with the Director within fourteen (14) days of the date of the Director's decision. The Commission shall schedule a date for hearing the appeal before the Commission as expeditiously as possible. The Commission shall provide the appellant with written notice of the date, time and place of the hearing of the appeal, which notice shall be deposited in the U.S. mail not less than five (5) days prior to the date of the hearing, and shall also publish notice of the hearing in a newspaper of general circulation in the City not less than ten (10) days prior to the date of the hearing. Any action taken in reliance upon the decision of the Director shall be totally at the risk of the persons taking such action until all appeal rights related to such decision have been exhausted, and the City shall not be liable for any damages arising from any such action taken during said period of time.

(Ord. No. 160, 1996, 1-7-97; Ord. No. 130, 2002, §§ 11, 23, 9-17-02; Ord. No. 186, 2002, § 17, 1-7-03; Ord. No. 132, 2009, § 9, 12-15-09; Ord. No. 067, 2012, § 10, 8-21-12; Ord. No. 057, 2014, § 3, 4-15-14)

14-50.  Denial of building permit.Go to the top

If the proposed work is not approved by the Commission, the Director shall deny the application for the building permit and shall advise the applicant. No reapplication shall be submitted pursuant to § 14-46 et seq., under the original plans and specifications found unacceptable by the Commission except upon a showing of changed circumstances sufficient to justify the reapplication.

(Code 1972, § 69-9(D); Ord. No. 89, 1989, § 2, 6-20-89; Ord. No. 130, 2002, § 11, 9-17-02; Ord. No. 186, 2002, § 19, 1-7-03; Ord. No. 057, 2014, § 3, 4-15-14)

14-51.  Remedying of dangerous conditions.Go to the top

In any case where a properly authorized public official or employee orders the demolition of any structure that has been designated as a Fort Collins or national landmark, or any structure located in a Fort Collins or national landmark district, for the purpose of remedying conditions determined by that official or employee to constitute an imminent threat to life, health or property, nothing contained herein shall be construed as making it unlawful for any person to comply with such order. Such official or employee shall take immediate steps to notify the Commission of the proposed issuance of such order and may include in the order any timely received requirements or recommendations of the Commission. In the event that such official or employee has determined that the structure in question is capable of being made safe by repairs and need not be demolished, the structure shall be repaired or demolished only in accordance with the provisions of this Article.

(Code 1972, § 69-9(G); Ord. No. 89, 1989, § 2, 6-20-89; Ord. No. 130, 2002, § 11, 9-17-02; Ord. No. 186, 2002, § 21, 1-7-03; Ord. No. 057, 2014, § 3, 4-15-14)

Cross-reference—Dangerous buildings, § 5-46 et seq.

14-52.  Normal maintenance and repair.Go to the top

Nothing in this Chapter shall be construed to prohibit the accomplishment of any work on any landmark or in any landmark district which will neither change the exterior appearance nor the exterior characteristics of improvements, nor the character or appearance of the land itself and which is considered necessary as a part of normal maintenance and repair.

(Code 1972, § 69-11; Ord. No. 89, 1989, § 2, 6-20-89; Ord. No. 186, 2002, § 25, 1-7-03; Ord. No. 057, 2014, § 3, 4-15-14)

14-53.  Minimum maintenance requirements.Go to the top

(a)  All sites, structures or objects designated as landmarks and all sites, structures or objects located within a landmark district shall be maintained in such fashion as to meet the requirements of the International Property Maintenance Code or the Uniform Code for Building Conservation, as adopted by the City. The owner of such sites, structures or objects shall also keep in good repair all structural elements thereof which, if not so maintained, may cause or tend to cause the exterior portions of such sites, structures or objects to deteriorate, decay or become damaged or otherwise to fall into a state of disrepair which would have a detrimental effect upon the historic character of such sites, structures or objects or the landmark districts, if any, in which they are situated.

(b)  The Commission may request that the Director require correction of defects or repairs to any sites, structures or objects regulated by this Section.

(Ord. No. 56, 1994, § 1, 4-19-94; Ord. No. 130, 2002, § 11, 9-17-02; Ord. No. 186, 2002, § 26, 1-7-03; Ord. No. 057, 2014, § 3, 4-15-14)

14-54.  Violations and penalties.Go to the top

Any person violating any provision of this Chapter shall be subject to the penalty provided in § 1-15 of this Code. In case any improvement is erected, constructed, reconstructed, altered, added to or demolished in violation of this Chapter, the City or any proper person may institute an appropriate action or proceeding to prevent such unlawful action. The imposition of any penalty hereunder shall not preclude the City or any proper person from instituting any proper action or proceeding to require compliance with the provisions of this Chapter and with administrative orders and determinations made hereunder.

(Code 1972, § 69-13; Ord. No. 69, 1989, § 2, 6-20-89; Ord. No. 56, 1994, § 1, 4-19-94; Ord. No. 186, 2002, § 28, 1-7-03; Ord. No. 057, 2014, § 3, 4-15-14)

Cross-reference—General penalty, § 1-15.

14-55.  Severability.Go to the top

It is hereby declared to be the legislative intent that the several provisions of this Chapter shall be severable in accordance with the provisions set forth below:

(1)  If any provision of this Chapter is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared to be the legislative intent that the effect of such decision shall be limited to that provision which is expressly stated in the decision to be invalid. Such decision shall not affect, impair or nullify this Chapter as a whole or any other part, but the rest of this Chapter shall continue in full force and effect;

(2)  If the application of any provision of this Chapter to any lot, structure or other improvement or a tract of land is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared to be the legislative intent that the effect of such decision shall be limited to that lot, structure or other improvement or tract of land immediately involved in the controversy, action or proceeding in which the judgment or decree of invalidity was rendered. Such decision shall not affect, impair or nullify this Chapter as a whole or the application of any provision to any other lot, structure or other improvement or tract of land.

(Code 1972, § 69-14; Ord. No. 89, 1989, § 2, 6-20-89; Ord. No. 56, 1994, § 1, 4-19-94; Ord. No. 186, 2002, § 29, 1-7-03; Ord. No. 057, 2014, § 3, 4-15-14)

Secs. 14-56—14-70.  Reserved.


ARTICLE IV.
DEMOLITION OR ALTERATION OF HISTORIC STRUCTURES
NOT DESIGNATED AS FORT COLLINS LANDMARKS
OR LOCATED IN A FORT COLLINS LANDMARK DISTRICT

14-71.  General.Go to the top

(a)  This Article shall not apply to any structure designated as a Fort Collins landmark or located in a Fort Collins landmark district.

(b)  With the exception of any structure found to pose an imminent threat under § 14-51 of this Chapter as adopted and amended by the City, no structure (or portion thereof) fifty (50) years of age or older that meets one (1) or more of the standards of eligibility contained in § 14-5 of this Chapter may be demolished or altered nor shall any permit for such demolition or alteration be issued unless the owner of such structure has complied with the provisions of this Section and § 14-72 below. This Article shall not apply to interior demolition or alteration activities not visible from any public street, park or other public place, or to demolition or alteration activities as they affect the surface or subsurface of the ground, or any archeological impacts pertaining thereto.

(Ord. No. 56, 1994, § 2, 4-19-94; Ord. No. 186, 2002, § 31, 1-7-03; Ord. No. 067, 2012, § 11, 8-21-12; Ord. No. 057, 2014, § 4, 4-15-14)

14-72.  Procedures for review of applications for demolition or exterior alteration.Go to the top

(a)  The owner of any structure governed by this Article shall make application for City approval of the demolition or exterior alteration of such structure (or portion thereof) on forms prescribed by the City. Said application shall be filed with the Director. Within fourteen (14) days of the filing of such application, the Director and the chair of the Commission (or a designated member of the Commission appointed by the chair, who shall in this Section be referred to as "designee"), shall determine if the proposed work constitutes a demolition or a minor or major alteration of the exterior.

(b)  If the Director and chair of the Commission (or designee) agree that the proposed work is a minor alteration, then the application shall be approved and any such approval shall not be subject to appeal. If the work is determined to be a demolition or major alteration, the Director and the chair of the Commission (or designee) shall either refer the matter to the Commission or Design Review Subcommittee pursuant to Subsection (c), or shall determine whether either Paragraph (1) or (2) are met:

(1)  the structure (or portion thereof), is not eligible for individual designation as a Fort Collins landmark, and the structure is not designated on the National Register of Historic Places and/or State Registers of Historic Properties, either individually or as a contributing element of a National and/or State Register district; or

(2)  both of the following conditions are met:

a.  the structure (or portion thereof) is eligible for individual designation as a Fort Collins landmark, or the structure is designated on the National and/or State Registers of Historic Places, either individually or as a contributing element of a National and/or State Register district; and

b.  the proposed demolition or exterior alteration of the structure (or portion thereof), in the judgment of the Director and the chair of the Commission (or designee), would not be detrimental to the current level of eligibility of the remaining structure, if any, adjacent properties, the surrounding neighborhood and the National and/or State Register district in which the structure is located, if any.

If the Director and chair of the Commission (or designee) so determine, then the application shall be approved.

(c)  If the application is not approved pursuant to Paragraph (1) or (2) above, the application shall be considered by the Commission pursuant to Subsection (f) below, unless the Director or the chair of the Commission, with the consent of the applicant, refers the application to the Design Review Subcommittee of the Commission. The decision to refer is not an appealable decision.

(d)  If the application is referred to the Design Review Subcommittee, the Director shall schedule a meeting on the application before the Design Review Subcommittee as expeditiously as practical following receipt of the information required under Subsection 14-46(b) of this Chapter and any other documents required by the Design Review Subcommittee. At the meeting, the Design Review Subcommittee shall explore with the applicant all means for substantially preserving the eligibility of the structure which would be affected by the requested permit.

(1)  In making a determination concerning the proposal, the Subcommittee shall consider the following criteria:

a.  the effect of the proposed work upon the general historical and/or architectural character of the landmark or landmark district;

b.  the architectural style, arrangement, texture and materials of existing and proposed improvements, and their relation to the landmark or the sites, structures and objects in the district;

c.  the effects of the proposed work in creating, changing, obscuring or destroying the exterior characteristics of the site, structure or object upon which such work is to be done;

d.  the effect of the proposed work upon the protection, enhancement, perpetuation and use of the landmark or landmark district; and

e.  the extent to which the proposed work meets the standards of the City and the United States Secretary of the Interior for the preservation, reconstruction, restoration or rehabilitation of historic resources.

(2)  If the Design Review Subcommittee unanimously agrees on alternative plans acceptable to the applicant, it shall provide the Director with a written approval of such alternative plans, and any permit for the project shall include such alternative plans.

(3)  If the Design Review Subcommittee does not so agree, then the application shall be referred to the Commission for review under Subsection (f) below.

(e)  Any determination made pursuant to Subsection (b) above by the Director and the chair of the Commission (or his or her designee) or made by the Design Review Subcommittee pursuant to Subsection (d) above may be appealed to the Commission by any resident of the City or owner of property in the City. Such appeal shall be set forth in writing and filed with the Director within fourteen (14) days of the decision being appealed. The appeal shall include a Colorado Cultural Resource Survey Architectural Inventory Form, prepared by an expert in historic preservation acceptable to the Director and the applicant, with the cost of such form to be paid by the appellant. Such form need not be filed with the appeal but must be filed at least ten (10) days prior to the hearing of the appeal. The Commission shall schedule a date for hearing the appeal before the Commission as expeditiously as possible. Not less than ten (10) days prior to the date of the hearing, the Commission shall provide the appellant with written notice of the date, time and place of the hearing of the appeal, which notice shall be deposited in the U.S. mail, and shall publish in a newspaper of general circulation in the City notice of the hearing. In addition, the Commission shall cause a sign to be posted on or near the structure proposed for demolition or exterior alteration stating that the building or structure is undergoing historic review. Said sign shall be at least four (4) square feet in size, readable from a point of public access and shall state that more information may be obtained from the Director.

(f)  If a demolition or exterior alteration permit application has been referred to the Commission under Subsection (c), then the application shall be processed and considered in accordance with this Subsection.

(1)  All applications under this Subsection shall be accompanied by the payment of a fee in the amount of two hundred fifty dollars ($250.) to cover the costs of processing the request for demolition or exterior alteration at the final hearing before the Commission and shall contain such information as the Director reasonably believes is necessary for a full and complete consideration of the request, which information shall include, but need not be limited to:

a.  A Colorado Cultural Resource Survey Architectural Inventory Form prepared by an expert in historic preservation, acceptable to the Director and the applicant, with the cost of such form and report to be paid by the applicant;

b.  Detailed plans and specifications describing and depicting the appearance of the site, structure or object that is the subject of the application, in context, after the proposed alteration or demolition;

c.  Evidence satisfactory to the Director that all administrative and quasi-judicial approvals necessary to accommodate the proposed demolition or alteration have been obtained;

d.  A plan of protection acceptable to the Commission showing how the applicant will ensure that no damage will occur to any historic resources on or adjacent to the site.

(2)  The Director shall schedule a date for any hearing to be held by the Commission under this Subsection as expeditiously as possible and shall provide the applicant with written notice of the date, time and place of the hearing, which notice shall be deposited in the U.S. mail not less than ten (10) days prior to the date of the hearing, and shall publish in a newspaper of general circulation in the City notice of the hearing not less than ten (10) days prior to the date of the hearing.

(3)  Not less than thirty (30) days prior to the hearing of the Commission, the applicant shall:

a.  Cause a sign to be posted on or near the structure proposed for demolition or exterior alteration, stating that the building or structure is undergoing historic review. Said sign shall be at least four (4) square feet in size, readable from a point of public access and shall state that more information may be obtained from the Director.

b.  Request that the City generate a list of owners of record of all real property within a minimum of eight hundred (800) feet (exclusive of public rights-of-way, public facilities, parks or public open space) of the property lines of the parcel of land upon which the structure is situated, which list shall be prepared from the records of the County Assessor.

(4)  Written notice of the hearing shall be mailed by the Director to all persons named on the list generated under Subparagraph (3)b. above. Said mailing shall occur at least fourteen (14) days prior to the hearing date. The applicant shall pay postage and handling costs as established by the Director.

(5)  The Commission shall approve the application (with or without conditions) at the hearing or, in the alternative, it may postpone consideration of the application for a period not to exceed forty-five (45) days, in order to facilitate the gathering of additional information needed for the full and complete consideration of the request by the Commission, which information may include the opinion of the staff regarding the benefits to the City of landmark or landmark district designation of the property in accordance with Article II of this Chapter. In the event that the Commission has not made a final decision within said forty-five-day period, then the Commission shall be deemed to have approved, without condition, the proposed demolition or exterior alteration.

(6)  Upon approval of the application by the Director or the Commission, the owner may obtain a demolition or alteration permit and may thereafter demolish or alter the structure (or portion thereof) in compliance with all applicable laws, ordinances and regulations.

(7)  The Commission may, as a condition of its approval of the demolition or alteration of a structure (or portion thereof), require the property owner to provide the City with such additional information as will, in the opinion of the Commission, help to mitigate the loss to the City caused by the demolition or exterior alteration of the structure (or portion thereof). These conditions may include, but need not be limited to:

a.  Comprehensive photographic documentation of such structure, with prints and negatives;

b.  Comprehensive historical, developmental, social and/or architectural documentation of the property and the neighborhood containing the property; and/or

c.  Any other mitigating solution agreed upon by the Commission, the applicant, and any other applicable parties.

(Ord. No. 56, 1994, § 2, 4-19-94; Ord. No. 130, 2002, § 22, 9-17-02; Ord. No. 186, 2002, § 32, 1-7-03; Ord. 132, 2009, § 13, 12-15-09; Ord. No. 004, 2012, 1-17-12; Ord. No. 067, 2012, § 12, 8-21-12; Ord. No. 057, 2014, § 4, 4-15-14)

14-73.  Remedying of dangerous conditions.Go to the top

In any case where a properly authorized public official or employee orders the demolition of any structure that has been determined under this Chapter to be eligible for designation as a contributing element of a Fort Collins or national landmark district, or any structure located in a Fort Collins or national landmark district, for the purpose of remedying conditions determined by that public official or employee to constitute an imminent threat to life, health or property, nothing contained herein shall be construed as making it unlawful for any person to comply with such order. Such public official or employee shall take immediate steps to notifying the Commission of the proposed issuance of such order and may include in the order any timely received requirements or recommendations of the Commission. In the event that such public official or employee has determined that the structure in question is capable of being made safe by repairs and need not be demolished, the structure shall be repaired or demolished only in accordance with the provisions of this Article.

(Ord. No. 057, 2014, § 4, 4-15-14)

14-74.  Notice defects.Go to the top

Neither of the following shall affect the validity of any hearing or determination made under the provisions of this Chapter:

(1)  The fact that written notice, mailed as required under the provision of this Chapter, was not actually received by one (1) or more of the intended recipients.

(2)  The fact that signage posted in compliance with the provisions of this Chapter was subsequently damaged, stolen or removed, either by natural causes or by persons other than the person responsible for posting such signage or his or her agents.

(Ord. 56, 1994, § 2, 4-19-94; Ord. No. 130, 2002, § 22, 9-17-02; Ord. No. 186, 2002, § 33, 1-7-03; Ord. No. 132, 2009, § 14, 12-15-09; Ord. No. 067, 2012, § 13, 8-21-12; Ord. No. 057, 2014, § 4, 4-15-14)

Secs. 14-75—14-80.  Reserved.


ARTICLE V.
LANDMARK REHABILITATION LOAN PROGRAM

14-81.  Purpose.Go to the top

The City Council hereby establishes a landmark rehabilitation loan program and finds that the program promotes a valid public purpose of increasing the quality, exterior integrity and permanence of the City's stock of historic landmarks for the enjoyment and benefit of present and future generations of citizens of the City by making available to the owners of designated Fort Collins landmarks or contributing structures in designated Fort Collins landmark districts a source of funding for exterior rehabilitation of such structures.

(Ord. No. 137, 2000, § 2, 10-17-00; Ord. No. 186, 2002, § 34, 1-7-03; Ord. No. 057, 2014, § 5, 4-15-14)

14-82.  Establishment; funding.Go to the top

The City Manager shall administer the program for awarding zero-interest loans for the rehabilitation of Fort Collins landmark structures and/or contributing structures in Fort Collins landmark districts. The City Manager may promulgate procedural rules and regulations for the efficient administration of the program. No such loan shall exceed the sum of seven thousand five hundred dollars ($7,500.) unless the City Council, by ordinance or resolution, authorizes a larger loan. All loans shall be funded solely from those funds held by the City for financial support of the program in the General Fund, and all loans shall be expressly contingent upon the availability of sufficient funds to support the loan. Loan recipients shall, as a condition of obtaining the loan, agree to repay the loan in full upon sale or transfer of the property. All loan repayments shall be returned to the landmark rehabilitation loan program.

(Ord. No. 137, 2000, § 2, 10-17-00; Ord. No. 186, 2002, § 35, 1-7-03; Ord. No. 108, 2009, § 1, 11-3-2009; Ord. No. 057, 2014, § 5, 4-15-14)

14-83.  Criteria.Go to the top

No landmark rehabilitation loan shall be awarded unless the following criteria and requirements have been met:

(1)  The subject structure must have been designated as a Fort Collins landmark or be a contributing structure in a Fort Collins landmark district pursuant to this Chapter before the landmark rehabilitation loan can be awarded.

(2)  All loan recipients shall provide matching funds in an amount equal to or greater than the amount of the loan.

(3)  The matching funds provided by the loan recipient may be utilized only for exterior rehabilitation of the subject property and/or the stabilization of the structure, the rehabilitation of electrical, heating or plumbing systems, and/or the rehabilitation or installation of fire sprinkling systems in commercial structures. Neither the loan nor the matching funds shall be used for the installation of nor rehabilitation of signage or interior rehabilitation or decoration, nor the installation of building additions or the addition of architectural or decorative elements which are not part of the landmarked structure.

(4)  Loan funds may be expended only for rehabilitation of the exterior of a designated Fort Collins landmark structure or contributing structure in a Fort Collins landmark district. No interior improvements may be purchased utilizing City loan funds.

(5)  The standards and/or guidelines of the City and the United States Secretary of the Interior for the preservation, reconstruction, restoration or rehabilitation of historic resources then in effect shall serve as the standards by which all rehabilitation work must be performed.

(6)  No loan funds shall be disbursed until after the recipient has completed the work, the work has been physically inspected by the City and has been approved by the City Manager and the loan recipient has documented the cost of the work by submitting to the City copies of all bills, invoices, work orders and/or such other documentation showing, to the satisfaction of the City, that the funds requested are reasonable and are supported by actual proof of expense.

(7)  Loan recipients shall, as a condition of the loan, prominently place a sign upon the property being rehabilitated stating that such rehabilitation has been funded, in part, through the City's landmark rehabilitation loan program.

(8)  Property owners who have previously received loans shall be eligible for subsequent loans.

(9)  All rehabilitation work shall be completed within one (1) year from the date upon which the loan was awarded; provided, however, that upon application and a showing of good cause as to why the project cannot be timely completed, the Commission may authorize an extension of up to one (1) additional year for completion of the work.

(10)  No landmark rehabilitation loan shall be awarded unless the Commission (or in cases of loans exceeding the maximum amounts established herein, the City Council) first determines that:

a.  The applicant has demonstrated an effort to return the structure to its original appearance;

b.  It is in the best interests of the public welfare that the structure proposed to be rehabilitated be preserved for future generations; and

c.  The amount proposed to be spent on exterior rehabilitation is reasonable under the circumstances.

(11)  No landmark rehabilitation loan shall be awarded unless the loan recipient has, as a condition of obtaining the loan, agreed to repay the loan in full upon sale or transfer of the property.

(Ord. No. 137, 2000, § 2, 10-17-00; Ord. No. 186, 2002, §§ 36—39, 1-7-03; Ord. No. 057, 2014, § 5, 4-15-14)

14-84.  Reserved. Go to the top


*Editor's note—Ord. No. 108, § 2, 2009, adopted Nov. 3, 2009, repealed § 14-84 in its entirety.