HomeMy WebLinkAboutORDINANCE 09-110
ORDINANCE NO.09-11
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AN ORDINANCE AMENDING TITLE 17 OF THE ESTES PARK MUNICIPAL CODE
BY THE ADDITION OF CHAPTER 17.04—HISTORIC PRESERVATION
WHEREAS,the Board of Trustees of the Town of Estes Park has determined
that it is in the best interest of the Town and its citizens to establish and adopt a
program for historic preservation within the Town of Estes Park.
NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK,COLORADO.
Section 1.
of Chapter
hereto and
The Municipal Code of the Town of Estes Park is amended by the addition
17.04 —Historic Preservation as more fully set forth on Exhibit A attached
incorporated herein by this reference.
Section 2.If any provision of this Ordinance or the application thereof is held invalid,
such invalidity shall not affect other provisions or application of this Ordinance which
can be given effect without the invalid provision or application,and to this end,the
provisions of this Ordinance are hereby declared severable.
Section 3.
and publication.
The Ordinance shall take effect and be in force 30 days after its adoption
BOARD OF TRUSTEES OF THE TOWN OF
DAY OF wc&c
S .
T Clerk
PASSED AND ADOPTED BY THE
ESTES PARK,COLORADO,THIS
2011.
TOWN
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ATTEST:
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I hereby certify that the above Ordinance was introduced and read at the meeting of
the Board of Trustees on the J.’day of
_______________,
2011,and
published in a newspaper of general circulation in the Town of Estes Park,Colorado,
onthe is-dayof —kAQc&-2011.
S%,
Townerk
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Chapter 17.04
Jlistonc Preservation
17.02.020 Definitions.
17.04.010 Purpose.
The purpose of this Ordinance is to promote
public safety,health,and the general welfare in
a way that preserves Estes Park’s historic
character,and creates a balance between private
property rights and the public interest.This
shall be accomplished by:
(I)Fostering civic pride in the Town
of Estes Park through increased awareness of
its unique history,heritage,and
accomplishments of the past.
(2)Securing Estes Park’s historic
character for the benefit of present and Future
generations by promoting the Preservation of
Buildings and Sites which have historic,
cultural,archeological,or architectural value
and which,as such,are unique and
irreplaceable community assets.
(3)Promoting and encouraging
continued private ownership of such
Buildings and Sites while maintaining and
iin proving property values through
preservation activities that maintain and
strengthen economic vitality,and continue to
increase the community’s attractiveness to
residents and visitors.
(4)Ensuring that exterior alteration.
relocation,or demolition of a building of
historic value is carefully considered for its
impact on that Site’s historic contribution to
Estes Park’s heritage.
(5)Encouraging historic tourism and
its economic benefits to the community.
(6)Conserving valuable material and
energy resources through the ongoing use and
maintenance of the existing built
environment.
In this Chapter,the Following words and
phrases shall have the following meanings:
(1)Alteration means any act or process
that changes one or more of the exterior
architectural features of a Building or Site,
including but not limited to its erection.
construction,Reconstruction,or removal.
(2)Alteration Certificate means a
certificate issued by the Estes Park Historic
Preservation Commission after its review of
an application to significantly alter,move,or
demolish any designated Historic Building or
Site to make sure that such actions are in
accordance with the provisions of this
Ordinance and with the Secretan’of the
Interior Standards /br Rehahilit a/ion.
These Standards are listed in Section
17.04.080.
(3)Building means any structure
created for the support.shelter or enclosure
of persons,animals,or property of any kind
and which is permanently affixed to the land.
(4)Certified Local Government (CLG
is a program enabled tinder federal legislation
encouraging the esta bIisli men t of
partnerships between local and state
governments for the purposes oF historic
Preservation.‘lo he eligible for CLU
Designation,a local government is required
to adopt certain standards and regulations
specified by the state.In return,the local
government is eligible for additional grant
money,and local historic properties may be
eligible for state and federal tax credits and
other financial incentives.
(5)CLG Guidelines refers to the
guidelines and standards established for
Local Certified Governments in Colorado as
set forth the Colorado Certified Local
Government Handbook,as may be amended.
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(6)Con,nnssio,z means the Estes Park
lIistoric Preservation Commission as created
in Section 17.04.030.
(7)(‘ompalible means that the proposed
Alteration to a Designated 1-listoric
Landmark or a Building or Site within a
Designated Historic District is consistent
Wi Lb the Secreta;y of ihe hiterior ‘s Standards
/o;Rehahilit a/iou.
(8)Couu;preIw;sh’e Assess,nent means a
systematic,detailed examination of an area
designed to gather information about Ilistoric
BLlildings.Sites,or neighborhoods sufficient
to evaluate them against predeteniiined
criteria.
(9)Contributing Structure or Proper/v
means a Building,structure.Landmark.
feature or object within an I listoric District
that embodies the Historic Significance,or
adds to the historic associations,historic
architectural qualities or archaeological
values identified for the I listoric District,and
was present during the Period of
Significance.relates to the documented
significance of the property,and possesses
historic integrity or is capable of yielding
important information about the period.
Denuolition means any act or
that destroys in part or in whole any
(II)Design Guidelines means a set of
standards,developed by those applying for a
I listoric District,appropriate to the
Preservation of the historic and architectural
significance of the exterior of Buildings or
Sites within the District and are also
consistent with,or exceed,the Secretary of
the Interior’s Standards for Rehabilitation.
I 2)Designation/Designated nwans
official recognition by the Town Board of a
Building.Site,or District as historic.
(13)District means a Historic District as
defined by this Chapter.
(14)Es/es Voile;Planning .4rea means
that portion of the Estes Valley described in
the Estes Valley Development (‘ode and its
associated maps.
(15)Exterior means the architectural
style and general arrangement of’the exterior
of a Building.including the type and texture
of the Building materials and all windows,
doors.lights,signs,and other fixtures
appurtenant thereto.
(16)Historic Building means any
Building at least fifty (50)years of age that is
of I listoric Significance to the Town of Estes
Park.
I 7)Historic DLctrict means a
geographically definable area possessing a
concentration,linkage,or continuity of
Buildings,structures,and/or Sites united by
past events,plans,social activities or
physical development.In order to qualiI’as
an I listoric District,the proposed boundary
must contain a minimum of five (5)
Contributing properties whose Owners wish
to have a District Designated.
(I 8)Historic Di.utrwt Signi/k’ance means
a collection of Buildings.objects.Sites.
properties,and spaces that possess integrity
of location,design,setting.materials.
workmanship.feeling,and association,and
that are of I listeric Significance to the Town
of Estes Park.
(19)Historic .S’igniJh’ain’e means having
importance for the history,architecture,
culture,or archeology of the Town of’Estes
Park.
(20)Lcuuhnark means a local Site or
property that has been so designated because
of its 1-listoric Significance and its
importance to the Town of Estes Park.
(10)
process
Building or Site.
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(21)Local Registry means The Registry
oJ Dec:giated Local historic.’Landmarks and
Lanthnark Districts in the Tout,of Estes
Park,that lists the local historic properties
determined to meet specified criteria of
significance.
(22)National RegLcter means the
National Register of Historic Places:the
official list maintained by the National Park
Service
(23)iVoncontrthuting means a structure
that is described as such in the Ordinance
establishing a Designated Historic District.
Noncontrihuting structures do not add to the
historic or architectural qualities ofa Historic
District,were not present during the Period
of Significance.or.because of Alterations or
deterioration,have lost their physical
integrity.
(24)Ordh,an’Maintenance means an
Work where the purpose and effect is to
correct and/or prevent deterioration or decay
of a structure or any part thereof and that
does not affect a significant change or
Alteration of the external appearance of the
Building or Site.
(25)(hi’,ier means the property Os ncr or
Owners of record.
(26)Owner’s Designee means a person.
or persons,appointed by the Owner to act on
their behalf and represent their interests with
regard to an application for Historic
Designation of a Building or Site.Said
appointment shall be in a manner approved
by the Commission.
(27)Period of 5igiiijxcaiwe means the
time period during which a structure or
District gained its architectural,historic,or
geographic importance.A District’s Period
of Significance may cover a longer period of
time than a structure’s,in order to encompass
the period during which the District
developed.
(28)Preservation means
process of applying measures
sustain the existing form,
materials of an historic property
(29)Reco,,naissance Sientj’means an
initial examination of an area in sufficient
detail to give a gencral idea of the 1-listoric
Buildings and properties at least 50 years old
that may be present.resulting in a list of Sites
and properties which may be eligible for
Designation.
(30)Reconstruction means the act or
process of depicting.bs’means of new
construction.the exterior Fonm features,and
detailing ofa non-surviving Building.Site,or
object for the purpose of replicating its
appearance at a specific period of time in its
historic location.
(3 )Rehabilitation means the act or
process of making possible a Compatible use
for a Building through exterior repair.
Alterations.and additions,while preserving
those portions or features s hich convey its
l-listoric Significance.
(32)I?elocc,tion means the movement of
a structure or pail of a structure from one
location to anotlicr location on the same
property,or to a different property.
(33)Restoration means the act or process
of accurately depicting the exterior form,
features,and character of a Building as it
appeared at a particular period of time by
means of’the removal of features from other
periods in its history and the Reconstruction
of missing features from the Restoration
period.
(34)Site means a location or area
without Buildings determined to have
the act or
necessary to
integrity and
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significant merit for historic Designation
under this Ordinance.
(35)Standards for Rehabilitation refers
to the Secretary of die Interior ‘s Standards
for Rehabilitation,Revised 990,that sets
forth ten general standards to guide
Alterations to Landmarked properties.The
standards are to be applied in a reasonable
manner,taking into consideration economic
and technical (basibility.
(36)State Register means the Colorado
Register of l-listoric Properties which is the
official list maintained by the State of
Colorado containing cultural properties
across the state that have been thought
worthy of Preservation.
(37)Work means any Alteration,
Demolition,new construction,Restoration,
remodeling or modification that results in a
significant change in the external appearance
of a Building or Site,except ordinary
maintenance of the same.
17.04.030 Historic Preservation Commission.
There is hereby created the Historic
Preservation Commission of the Town of Estes
Park.The Commission shall:
(I)Be advisory to the Town Board.Its
powers and duties are confined and limited to
those established by this Chapter.
(2)Bc appointed by the Mayor through
Estcs Park’s appointment process.subject to
confirmation by the Town Board.
(3)13e composed of seven (7)voting
members,providing balanced,community-
wide representation.All members must have
a demonstrated interest or expertise in
historic Preservation.Members must live
within the corporate limits of Estes Park or
the Estes Valley Planning Area.At least four
of these members must be Town residents.
Members serve at the pleasure of the Town
Board.
(4)Be composed of both professional
and lay members,selected,as much as
possible.from the fields of history.
architecture,architectural history,prehistoric
or historic archaeology’,engineering,
planning,or related disciplines such as the
Building trades,cultural geography,cultural
anthropology,real estate or law.The
applications of Commission members,
describing their credentials,shall be kept on
file in the Office of the Community
Development Department and be available to
the public.
(5)Bc comprised of at least three
members who are professionals in
Preservation related disciplines such as
architecture,arch itectura I Ii istory,
archaeology,engineering,history.planning,
American Studies,American civilization,
cultural geography or cultural anthropology.
Recognizing that such professionals may not
always be available for appointment.this
requirement may be waived upon the good
faith elThn by the Town Board to recruit such
individuals and the demonstration that the
individuals chosen are capable of carrying
out Commission responsibilities.
(6)Monitor existing and Future
Building codes and fire codes to assess the
implications of’these codes on historic
Preservation,and advise the Town Board,the
Estes Valley Fire Protection District and
other agencies of these implications.
(7)Be initially appointed as follows:
Two members of the Commission shall be
appointed ihr a one (I)year term;two
members shall be appointed for a two (2)
year term:and three members shall be
appointed for a four (4)year term.
Thereafter,the term of service shall be (hr
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four consecutive years.Members may be
reappointed by the Town Board.When
vacancies occur,they shall be filled by the
Town Board,in the same manner as the
original appointment.
(8)Elect three (3)officers even’two
years:Chair,Vice-Chair,and Recording
Secretary.The Chair shall preside at
meetings,call special meetings,issue public
statements for the Commission,and in
general assume the duties of directing the
activities of the Commission.The Vice—
Chair shall act in the place of the Chair in the
event of the latter’s absence.The Secretan
shall keep a complete and current agenda,the
minutes of each meeting.and be responsible
for the publication and distribution of
minutes,proceedings.and reports including
those reports and documents required for
CLG participation.The minutes of all
Commission meetings shall include a record
of’all decisions and actions,and shall be kept
on file and he available for public inspection.
(9)Define a quorum for the transaction
of business as a simple majority of the total
number of appointed members.All
Commission meetings shall he open to the
public and follow the provisions of the
Colorado Open Meeting Lan,and all
Commission decisions shall be made in open
public session with the exception of those
specified by law.
(10)Meet as necessary.but at least
quarterly,at such times and places as it may
determine,or upon call of the Chair.
(II)Establish other procedures or by
laws,consistent nith this Ordinance and the
ordinances and policies of the Town of Estes
Park.as deemed necessary to meet the
requirements of Certified Local Government
status as outlined herein.Such procedures
and/or bylaws shall he approved by the Town
Board and shall he made available to the
public.
17.04.040 Powers and Duties of the Estes
Park Historic Preservation
Commission.
The Estes Park Historic Preservation
Commission shall:
(I)Conduct on-going Reconnaissance
Surveys to identify the general location and
nature of cultural resources,such as Historic
Buildings and Sites in the area.These surveys
shall be Compatible with federal and state
established methods and consistent with
Colorado’s historic Preservation planning
processes.
(2)Establish,maintain,and make available
to the public the results of’such surveys in the
Office of the Community Development
Department.The Commission may also choose
to provide these records at the Estes Park Public
Libran.the Estes Park Museum,and at other
such locations Reconnaissance Surveys shall
not be published,but shall he made available to
citizens pursuant to the Colorado Open Records
Act.
(3)Review nominations and applications
for the Designation of Buildings and Sites as
local historic Landmarks,and nominations and
applications lhr the Designation of Local
l-listoric Districts,Advise and oiler guidance to
applicants regarding procedures,Design
Guidelines,and resources available.
(4)Establish,maintain,and make available
a Local Registry that lists Designated local
historic properties.Make this Local Registry
available in the Office of the Commun its’
Development Department (official copy),the
Estes Park Public Library and the Estes Park
Museum.The purpose of this Local Registn is
to provide the l’own with a permanent record of
its designated historic resources and to
encourage their Preservation,enhancement,and
perpetuation.
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(5)Participate,as required for CLG status,
in the process for nominating local Buildings
and Sites for inclusion on the National Register
of 1-listoric Places.
(6)Review and issue Alteration
Certificates as described in Sections 7.04.090
and I 7.04.010
(7)Recommend revocation of Designation
in case of noncompliance with the requirements
of local Landmark status,as described in Section
17.040.110.
(8)Advise and offer guidance to Osners
of Designated Ilistoric Landmarks who wish
them listed on the State and National Registers.
(9)Advise property Owners and others of
the benefits,financial and otherwise,of historic
Preservation and the value to the community of
protecting,preserving,and enhancing Buildings
and Sites of historic importance.
(10)Direct Owners of designated historic
Landmarks to resources that can assist sith their
Alteration.Rehabilitation.Restoration and/or
Reconstruction.
(II)Solicit gills,contributions,and grants
to be made to the Town for the purpose of
defraying administrative costs,and promoting
additional research,documentation,and public
education in support of Ilistoric Preservation.
(12)Cam out and assist others in studies
and programs designed to identit and evaluate
Buildings and Sites worthy of Preservation.
(13)Work with the Estes Park Museum and
other local organizations to develop and promote
on-going public education programs about the
value of preserving local Historic Buildings and
Sites.
(14)Provide to the Town Board,at least
once annually.a report summarizing current
Commission’s activities.
(IS)Advise,as requested,the 1own hoard
on matters having to do with the Ilistoric
Buildings,Sites,and resources of the [own of
Estes Park and their Preservation,and related
matters.
(16)Consult with,and provide in format ion
to,civic groups.public agencies.and citi/ens
interested in historic Preservation.
I 7)Cooperate with Histoiy Colorado,the
Colorado Historical Society,and the State
Historic Preservation Office (SI-1PO)on matters
having to do with historic Preservation and s ith
the requirements and duties of being a Certified
Local Government.
(18)Develop detailed administrative
procedures for coordination with other relevant
government agencies.
To be designated a Landmark or part
Historic District,a Building or Site must
two or more of the following criteria:
I)In the case of a Building.be at least
fifty (50)years of age,unless exceptional
Historic Significance can be demonstrated:or
(2)I las significant character.interest or
vaLue,as part of the deveLopment,heritage or
cultural characteristics of the l’own of Estes
Park,the State of Colorado.or the United
States:or is associated with the tile of a
person significant in the past:or
(3)Is the Site ofan historic event with a
significant effect on society;or
(4)Exemplifies the cLiltural.political.
economic,social or historic heritage of the
Estes Park community.
17.04.050 Criteria
Historic
historic
for Designating a Local
Landmark and Local
flistrict.
of a
meet
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(5)Be archeologically significant if a
Site has yielded,or is likely to yield.
important information regarding history or
prchiston.
17.04.060 Procedures for Ihc Voluntary
Designation of a Local Historic
Landmark.
(I)No Building or Site may receive
Designation as a Local Historic Landmark
s ithout the consent in writing of the property
Owner.
(2)Only the Owner or the O ncr’s
designee may apply for Designation of a
Building or Site.
(3)Applications shall be made on a
signed form to be established by the
Commission and available in the Oflice of
the Community Development Department.
Requirements (hr maintaining historic
Designation shall be inclttded with all
application forms so that applicants and
property Owners will understand
expectations and requirements prior to
applying for lustoric Designation.
(1)The applicant for a property desiring
historic Designation shall submit supporting
documentation and materials as required by
the Commission.The application shall
include the written consent of the Osner to
this Designation.O ncr benefits (e.g..
potential tax credits),requirements,
obligations,and standards for modification
shall be provided along with the application
form for historic Designation.
(5)Applications shall be reviewed by
the Commission according to the criteria
established in Section 17.01.050.
(6)If the Building or Site is not already
on the State or National Register.the
Commission shall ensure that a
Comprehensive Survey of the Building or
Site for which an application has been
received is conducted within a reasonable
time period,in accordance with accepted
guidelines.The results and findings of this
sunev shall be made a matter of public
record.
(7)Following completion of the
Comprehensive Survey,the Commission
shall hold a public hearing on the application
within sixty (60)days.
(8)On the basis of the survey,its own
review,and the public hearing,the
Commission shall take one of the following
actions within thirty (30)da 5:(I)
Recommend Landmark Designation to the
Town Board for its approval:(2)Return the
application to the applicant of record with a
request for additional information:or (3)
Recommend that the Town Board deny the
Designation application.All
recommendations and requests shall he
accompanied by written findings of fact.
(9)The Town Board shall hold a public
hearing within sixty (60)days of receiving
the Commission’s recommendation and
decide liether to Designate a Local Historic
Landmark.This decision shall he
accompanied b written findings of Fact.
(10)If a Building or Site is Designated
h the Tow n Board,the Owner shall be
notilied b mail.e-mail.or fax describing the
basis for Designation,and the benefits and
obligations created by Designation.A copy
of this Ordinance shall he included with the
communication to the Owner.
(II)The documentation Designating the
property as a Landmark shall he tiled with
(he County Clerk and Recorder within fifteen
(15)days of its effective date.Costs
associated with tiling shall be paid by the
Ow ncr.Documentation shall include a
description of the characteristics of the
Landmark which justify its Designation.a
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description of the particular features to be
preserved,and a legal description of the
Landmark.Properties or Sites achieving
Landmark status shall,after Designation.
receive both public recognition and a plaque
to be displayed in accordance with guidelines
established by the Commission.The plaque
shall be provided and owned by the Town of
Estes Park,and maintained by the Owner.
(12)lIthe Town Board disapproves a
proposed Designation.ito person shall submit
an application that is substantially the same
for at least six (6)months from the effective
date of the final action on the original
proposal.
(13)A schedule of fees may be adopted
from time to lime by the Town Board.
17.04.070 Procedures for the Voluntary
Designation of a Local Historic
District.
I )Application:Only a unanimous
group of property Owners within the
proposed boundan:of the District may
submit an application for the creation of a
Local Historic District.
a.Applications shall be made on a form
established by the Commission and
available at the Oflice of the Community
Development Department.The
application shall include any proposed
Design Guidelines.The application
shall either he signed by.or he
accompanied by a signed petition with
signatures of one hundred percent
(100%)of the property Owners within
the proposed District indicating consent
to the application including any proposed
Design Guidelines.
b.In addition to the application form and/or
petition.applications shall he
accompanied by:the required fee (if
any),a sketch plan and legal description
of the proposed District boundary,a list
of all property Owners within the
proposed District along with their
mailing addresses.phone nunhers and
email addresses,if applicable,proposed
Design Guidelines (if different from [lie
Standards for Rehabilitation),
photographs of Contributing structures,a
brief written histon’of the proposed
District,including dates of applicable
events,and other supporting
documentation as may be required by the
Coin mission to demonstrate why
consideration should be given to the
formation of the proposed District.
c.Upon receipt of the application,the
Commission shall undertake a
preliminan review to determine if the
application meets the requirements of this
Chapter.including verification of
signatures on the petition by Owners ofat
least five (5)Contributing structures
within [lie proposed boundary.
d.Upon coinplet ion of [lie preliminan
review and acceptance of the application.
the Coni mission shall conduct a
Comprehensive SLIney of the proposed
District ithin a reasonable time period.
in accordance (h accepted gtudelines.
The results and lindings of this survey
shall be made a matter of public record.
e.On completion of the Commissions
review of the application (per Section 1.3
above),hut not more than 90 days from
receipt of the application.the
Commission shall either:
(i)Notify all Owncrs of properties within
the proposed District via mail,e-mail,or
fax.that the formal application for the
creation of the District has been received.
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reviewed,and accepted by the
Commission.This notice shall slate the
Commission’s findings regarding the
application,the proposed schedule for
public hearings,and reference the
privileges,obligations,and restrictions
which may apply on becoming a District;
or
(ii)Return the application to the applicants
with a written request for additional
information.The Commission shall
stipulate a reasonable time period for
furnishing this information.
f.Upon its determination that the
application meets the requirements of this
Ordinance,the Commission shall
schedule a public hearing within sixty
(60)days of the date of the notice to
Owners,unless additional information is
required.in which case the hearing shall
be scheduled from the date of receipt of
the required information.
g.On the basis of the Comprehensive
Survey,its own review and public
comments,the Commission slial I take
one of the following actions at the public
hearing:
(i)Recommend I listoric District Designation
to the Town l3oard for its approval
including any Design Guidelines;or
(ii)Recommend that the Town Board deny
1-listoric District Designation:or
(iii)All recommendations and requests shall
he accompanied by written findings of
fact.
h.The Town Board shall hold a public
hearing within 60 (sixty)days of
receiving the Commissio&s
recommendation and decide whether or
not to Designate a Local 1-listoric District
including any Design Guidelines.This
decision shall he accompanied by a
written findings of fact.
own Board Designates a Local
District.the following shall
(i)All property Owners within the District
shall be notified of the Designation by the
Town via mail,e—mail,or fax.The
notification shall,at a minimum,describe
the basis for Designation,the benefits and
obligations created by Designation,the
legal description of the District boundary
and a list of Contributing properties
within the District.A copy of tIns
Ordinance,and the Design Guidelines
adopted with the District,shall be
included with the common ication to the
Owners.
(ii)A document stipulating the Designation
of the Local Historic District shall be filed
with the County Clerk and Recorder
within fifteen (15)days of its effective
date.Costs associated with filing shall be
paid by the applicants.The
documentation shall include a brief
description of the characteristics of the
District which justify its Designation,a
list of Contributing properties,the
location,a legal description oF the
boundary of the District and a copy of any
Design Guidelines approved for the
District.
(iii)Approval of a District shall also create
an appropriate “Historic District Overlay
Zone”,the boundary of which shall be
shown on the Estes Valley Zoning
Districts Map,in order to help provide
public notification and recognition of the
existence of the Historic District.
i.If the T
Historic
occur:
(iv)Local Historic
Designation,and
District property
recognition of
Districts may,upon
with the consent of
Owners,receive public
Designation.All
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Contributing properties shall receive
plaques to be displayed in accordance
with guidelines established by the
Commission.The plaques shall be
provided and owned by the Town of Estes
Park,and maintained by the Owners.
(2)If the Town Board disapproves a
proposed Designation.an application that is
substantially the same shall not be accepted
for a minimum of six (6)months from the
effective date of the final action on the
original proposal.
(3)A schedule of fees,For review of
Historic Districts,may be adopted from time
to time by the Town Board.
(4)Inclusion into a 1-listoric District:
Property Owners whose property has not
been included at any time from a District may
petition the Commission to be included into
the applicable District.
a.The request for inclusion shall state the
reason for the request and provide a legal
description of the property requested to be
incorporated into the District.Upon
receipt of a request For inclusion,the
Commission shall review the request to
ventS’that the property in question meets
the requirements of this Ordinance and to
deterniine if the property is a Contributing
or Non—Contributing Site.
b.Once the Commission has completed its
review,a notice shall be sent to the
property Owner(s).This notice shall state
the Commission’s findings regarding the
application,the proposed schedule 11w a
public hearing,and reference the
privileges,obligations,and restrictions
which may apply once the property is
included in the District,including a copy
of any specific requirements for the
District.
c.The Commission shall notify property
Owners within the Historic District of the
request for inclusion and ask for written
comments,in support of or against the
proposed inclusion,within thirty (30)days
from the date of notice.
d.Once the period for property Owner
comments has expired,the Commission
shall hold a public hearing on the request
and take formal action thereon.
(i)If the action grants the request for
inclusion,the Commission shall noti&the
applicant and shall amend the official
District boundary and legal description as
required.In addition,the Commission
shall file appropriate documentation with
the County Clerk and Recorder amending
the District boundary as required.
Recording fees For documentation shall be
paid by the applicant.
(ii)IF the action denies the request ihr
inclusion,the applicant may appeal that
decision to the Town Board,as provided
Ibr in this Ordinance.
District may contain
and Non-contributing
(i)Contributing properties of the proposed
Historic District shall be determined to
contribute to the overall character of the
district,meet the requirements of the
definition in Section 17.04.020,have
Historic Significance as defined in Section
17.04.020.and meet the criteria described
in Section 17.04.050.A Historic District
shall contain a in in imum of five (5)
Contributing properties.All Contributing
properties within the District,shall he
identified on a list retained by the
Community Development Department.
(ii)Non-contributing properties within the
District,as defined in Section 17.04.020.
e.A llistonic
Contributing
properties:
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do not contribute to the overall
significance of the district and do not meet
the criteria described in Section 7.04.050.
17.04.080 Responsibilities of the Owner of a
Designated Local Historic
Landmark,and the Owner of a
Contributing Building or Site
Within a Local Historic District.
I)It is the responsibility of the Owner
of a Building or Site Designated a Local
I-Iistoric Landmark,who chooses to renovate
his or her property,to do so in accordance
with the standards and guidelines set forth in
the Secretaty of the Interior ‘s Standards for
Rehabilitation.By applying for such
Designation.it is understood that the Owner
accepts these requirements.
(2)It is the responsibility of the Owner
of a Contributing Building or Site within a
Local 1-listoric District,who chooses to
renovate his or her property’,to do so in
accordance with the standards and guidelines
set forth in the Secretary of the Interior’s
Standards for Rehabilitation.By’applying for
such Designation.it is understood that the
Owner accepts these requirements.
17.04.080 Alterations to a Designated historic
Landmark or to a Building or Site
Within a Designated historic
I)istrict Subject to a Commission
Review
I)This Section sets forth for the
Owners of Designated local historic
Landmarks and the Owners of Contributing
properties within Local 1-listoric Districts the
Alterations that are subject to review by’the
Commission and for which an Alteration
Certificate is required.
(2)No Owner,lessee,or occupant of
any Designated Landmark shall fail to
comply with all applicable provisions of this
Chapter and the Town of Estes Park
Municipal Code regarding property
maintenance.Structures designated for
Preservation,or Contributing structures in
Districts Designated for Preservation,shall be
preserved against decay and deterioration and
kept free from structural defects by the
Owner.The Owner shall notify the
Commission in writing prior to:
(i)Reconstruction or Alteration
Exterior improvements located
Site;or
(ii)Construction.Relocation,or Demolition
of Designated structures on the Site.
(3)If the Commission finds that an
Owner fails to meet these requirements,the
Owner shall be notified in writing and given
sixty (60)days to correct any problems.If no
action is taken to correct the problems,the
Site’s Designation may be revoked by action
of the Town Board.after a public hearing on
the matter.
(4)The standards for issuing Alteration
Certificates for maintaining historic
Designation are listed below.These
Standards are to be applied to specific
projects in a reasonable manner,taking into
consideration economic and technical
feasibility.
a.A property shall he used for its historic
purpose.or be placed in a new use that
requires minimal change to the defining
Exterior characteristics of the Building and
its Site and environment.
b.The historic character of a property shall
be retained and preserved.The removal of
historic materials or Alteration of exterior
features and spaces that characterize a
property shall be avoided.
c.Each property shall be recognized as a
physical record of its time,place,and use.
of the
on the
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Changes that create a false sense of historical
development,such as adding conjectural
features or architectural elements from other
Buildings,shall not be undertaken.
d.Most properties change over time;those
changes that have acquired Historic
Significance in their own right shall be
retained and preserved.
e.Distinctive features,finishes,and
construction techniques or examples of
craftsmanship that characterize a property
shall he preserved.
1.Deteriorated historic features shall be
repaired rather than replaced.Where the
severity of deterioration requires replacement
of a distinctive feature,the new feature shall
match the old in design,color,texture,and
other visual qualities and.where possible.
materials.Replacement of missing features
shall be substantiated by documentary.
physical.or pictorial evidence.
g.Chemical or physical treatments,such as
sandblasting,that cause damage to historic
materials shall not be used.The surface
cleaning of structures,if appropriate,shall be
undertaken using the gentlest means possible.
Ii.Significant archeological resources
affected by a project shall be protected and
preserved.If such resources must be
disturbed,mitigation measures shall be
undertaken.
i.New additions,exterior Alterations,or
related new construction shall not destroy
historic materials that characterize the
property.The new Work shall be
differentiated from the old and shall be
Compatible with the massing.size,scale,and
architectural features to protect the historic
integrity of the property and its environment.
j.New additions and adjacent or related
new construction shall be undertaken in a
manner that if removed in the future,the
essential form and integrity of the historic
property and its environment would be
unimpaired.
(5)No person shall make any
Alteration to the Exterior of a Designated
I listoric Landmark or to ally Contributing
I3uilding or Site within a Designated l-listoric
District without first obtaining an A Iteration
Certificate from the 1-listoric Preservation
Commission,and if required,a building
permit from the Town of Fstcs Park.
(6)For the purposes of this Section,
Alteration includes any act or process that
significantly changes,obstructs,or is
incompatible with the historic character of a
local designated historic l_andmark,or a
Building or Site within a Designated 1-listoric
District;changes one or more of the exterior
architectural features of such a Building or
Site,exclusive of intcrior renovation or
remodeling:demolishes or partially
demolishes such a Building or Site:changes
contributing properties within a Designated
Historic District:initiates new construction
within a Designated I listoric District or
initiates additions to Buildings and Sites
with ill such a District -
17.04.110 Criteria and Procedures for the
Issuance of an Alteration
Certificate.
(I )All Alteration (‘crtiflcate shall be
issued for the proposed Work providing:
a.The proposed Alteration is Compatible
with the Secretary of the Interior’s
.S’uwdcirds fin’Rehtthilucnknz.These
standards are listed in Section 7.04.080.
h.Alterations and new construction within
a Designated I listorie District shall comply
with the requirements established by that
District.These standards must meet or
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exceed the Secretary of the Interior’s
Standards.
(2)Procedures for obtaining
Alteration Certificate shall be as follows:
an
a.Prior to commencement of Work
requiring an Alteration Certificate,the
Owner shall file an application for such a
certificate with the Commission on forms
available at locations designated by the
Coin in iss ion.
b.As pan of the application process the
Owner shall provide the Commission with
a copy of all available information
relevant to the proposed \Vork.as
determined b’the Commission.The
Commission and the Town of Estes Park
building safety division shall both approve
plans before any work is begun.to ensure
that the work described in the building
permit is consistent with the Alteration
Certificate.
c.Once the application for an Alteration
Certificate is complete the Commission
shall hold a public hearing on its merits.
d.The determination by the Commission
on a completed application for a
Alteration Certificate shall be made no
later than thirty (30)working days after
receipt of the completed application.This
time may be extended by mutual
agreement of the applicant and the
Commission.
e.Thc determination of the Commission
shall be one of the following:(I)That an
Alteration Certificate he issued:(2)That
an Alteration Certificate be issued subject
lo stipulated modifications:(3)That no
Alteration Certificate be issued because
the application does not meet one or more
of the above-listed criteria.For all
decisions the applicant shall be provided a
written statement containing findings of
fact,based on the applicable criteria.
f.If the recommendation is negative.the
property Owner and the Commission shall
have thirty (30)days to develop a plan that
will enable the Commission to issue an
Alteration Certificate under the criteria
listed above,during which time the
proposed sork shall not proceed.
g.If negotiations in Step 1.above,result
in no resolution,the applicant shall have
sixty (60)days in hich to appeal to the
To\%n Board.
(3)Unsafe or dangerous conditions
exempted:Nothing in this Chapter shall he
construed to prevent any measures of
construction,alteration.removal,or
demolition necessan to correct the unsafe or
dangerous condition of any structure,other
physical feature.or parts thereof where such
condition is declared unsafe or dangerous by
the building official.and where the proposed
measures have been declared necessan to
correct the condition,as long as only such
work that is absolutely necessan to correct
the condition is performed.Temporan
measures may be taken ithout first
obtaining an A Iteration Cciii (kate.hut such
Certificate shall he required for permanent
construction.alteration.removal,or
demolition.
17.04.120 Non-Compliance with
Requirements for Designated
Historic Status.
I)If a Designated Landmark does not
maintain compliance with the criteria and
procedures outlined herein,the Commission
may.alter a public hearing,recommend that the
Town Board revoke its Designated status.
(2)If a Contributing Building or Site
within a Designated l-Iistoric District does not
maintain compliance with the criteria and
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procedures adopted by that District,the
Commission may.after a public hearing,
recommend that the Town Board revoke that
Building’s or Site’s local Landmark status.
(3)If the Town Board,after holding a
public hearing,decides to revoke thc historic
status of a Landmark,Building,or Site,this
change in status shall be documented by the
Commission,and the designating plaque shall be
removed within thirty (30)days.Such
documentation shall include written notice to the
County Clerk and Recorder of the change iii
status of the subject property.The Town of Esies
Park shall pay all>’costs associated with this
documentation.
17.04.130 Demolition or Relocation of
Properties Identified on the
Reconnaissance Survey.
(I)For properties Designated as Local
1-listoric Landmarks or identified on the
Reconnaissance Survey as potentially
Historic,a waiting period of up to.but not
exceeding,sixty (60)days from the date of
an application for a pennit to either dernol ish
or relocate a Building shall be imposed on
any permit for demolition or relocation of
said Building.
a.Demolition required as part of’a
remodeling project or an addition to an
existing building shall be excluded from this
requ irenient.
b.Upon receipt of notice of a Demolition
or Relocation permit application,the I listoric
Preservation Commission shall review
information on the Reconnaissance Survey
and/or perform an evaluation of the Building
within two weeks to determine if’it is
potentially Historic.If it is not,the
Commission shall waive the remainder of the
waiting period and no further action is
required.
c.Owners wishing to expedite demolition
or relocation are encouraged to contact the
Community Development Department and
request an evaluation by the Commission
prior to applying for a permit,in order to
minimize the waiting period.
(2)Remedyinu Dantzerous Conditions:
If a duly authorized officer or agent orders or
directs the construction,Reconstruction.
remodeling,repair,or Demolition of any
Building or portion thereof,for the purpose
of remedying conditions determined by said
officials or agents to be immediately
dangerous to life,health,or properly,such
work shall not be in violation of this
o rd inaace.
17.04.140 Appeals.
Any appeal of a Commission decision to the
Town Board shall be in writing,state the reasons
for the appeal.and filed with the Town Clerk
within sixty (60)days of the Commission
decision.
17.04.150 Applicability of Town Building
Code,Estes Valley Development
Code,and Fire Code.
‘l’lie designation of any Building or Site as a
Designated l-Iistoric Landmark.die designation
of a Contributing Structure within a Local
1-listoric District,or designation of’a Local
I listoric District shall not exempt the property
l’rom all applicable terms and conditions of the
Building (‘odes of the Town of Esles Park.the
provisions of the Estes Valley Development
Code,and/or the provisions of any applicable
Fire Codes.
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