The purpose of this Article is to promote the public health, safety and welfare through the following:

(1)

The protection and preservation of the Town's historic and cultural heritage, as represented by designated Landmarks.

(2)

The enhancement to quality of life through the maintenance of designated Landmarks.

(3)

The protection and enhancement of the Town's economy through the preservation of historical attractions for local residents, tourists and visitors to the Town.

(4)

The expansion of public awareness, appreciation and knowledge of the Town's unique local history.

(Ord. 20 §1 (part), 2001)

Except as specifically defined herein, words or phrases in this Article shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Article its most reasonable application.

Applicant means a person or entity appointed by the record owner of the property.

Building means any structure, place or any other construction built for the shelter or enclosure of persons, animals or personal property, or any part of such structure.

Compatible orCompatibility means consistent with, harmonious with and/or enhances the mixture of complementary architectural styles either of the architecture of an individual structure or the character of the surrounding structures.

Demolition or Demolish means any act or process that destroys in part or in whole a Landmark.

Guidelines means the Town of Basalt's Landmark Protection Guidelines which shall be approved by the Town Council and may be amended from time to time by the Town. The Guidelines shall be available at Town Hall and are incorporated herein by this reference.

Landmark means a property or structure designated as a "Landmark" by ordinance of the Town Council, pursuant to procedures prescribed herein, that is worthy of rehabilitation, restoration, or preservation because of its historic and architectural significance.

Owner means the person, corporation or other legal entity listed as owner on the real property records of Pitkin or Eagle County.

Preservation means the act or process of applying measures to sustain the existing form, integrity, and materials of a building or structure, and the existing form and specimen trees located on a site. It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic building or materials.

Rehabilitation means the act or process of returning property to a state of utility through repair which makes possible a contemporary use while preserving those portions or features of the property which are significant to its historical, architectural and cultural value.

Relocation means any relocation of a structure on its site or to another site.

Structure means anything constructed or erected, the use of which requires permanent or temporary location on or in the ground, including, but without limiting the generality of the foregoing, buildings, fences, gazebos, advertising signs, billboards, radio and television antennae, including supporting towers, hot tubs and swimming pools.

(Ord. 20 §1 (part), 2001; Ord. 33 §B1, 2003)

(a)

Designation. The Town Council may by ordinance designate as a Landmark an individual structure or other feature or integrated group of structures and features on a single lot or site having special historical value. Each such designating ordinance shall include or reference a description of the characteristics of the landmark which justifies its designation and shall include a legal description or other information sufficient to accurately determine the location and boundaries of the landmark. The designating ordinance may indicate demolitions which would not have a significant impact on or be potentially detrimental to the landmark. Any such designation shall be in furtherance of and in conformance with the purposes of this Section. Any property designated as a landmark, regardless of whether the town or property owner initiated the landmark designation, shall be subject to the controls and requirements set forth in this Section and shall be eligible for the incentive programs provided for in this Article.

(b)

Procedure for designation. Landmarks may be designated on approval of an ordinance of the Town Council at a public hearing after recommendation by the Planning and Zoning Commission and after notice to the property owner of the Town's intent to consider designation of the property as a landmark.

(c)

Application. Applications may be filed by the property owner or may be initiated by the Town. Any application filed by a property owner shall include all information required by the Guidelines and any other information reasonably requested by the Town Planner, the Planning and Zoning Commission or the Town Council. The applicant shall not be required to submit an application fee or fees to the Town's Development Review Account for processing the Landmark Designation Application. After August 14, 2001, the Town shall not initiate an application for landmark designation of a structure which is exclusively residential without the written permission of the property owner.

(d)

Standards for designation. When considering whether certain property should be designated as a landmark, the Town Council shall consider the following factors with regard to the property. It is not the intention of this Article to allow designation of insignificant structures, features or sites. Any structure, feature or site that is at least seventy-five (75) years old and demonstrates one or more of the following characteristics may be designated as a landmark.

(1)

Its character, interest or value as a part of the development, heritage or culture of the Town.

(2)

Its location as a site of a significant historic event.

(3)

Its identification with a person or persons who significantly contributed to the culture and development of the Town.

(4)

Its exemplification of the cultural, economic, social or historic heritage of the Town.

(5)

Its embodiment of distinguishing characteristics, detail, materials or craftsmanship of an architectural type or specimen.

(6)

Its identification as a work of an architect or master builder whose individual work has influenced the development of the Town.

(7)

Its unique location or singular physical characteristic representing an established and familiar visible feature of a neighborhood community or the Town.

(8)

Its status as a significant component of a historically significant neighborhood and the preservation of the structure or site is important for the maintenance of that neighborhood character.

(Ord. 20 §1 (part), 2001; Ord. 33 §B1, 2003)

(a)

Parking Reductions. The off-street parking standards and requirements for the commercial portion of properties designated as landmarks shall be reduced by one hundred percent (100%) of the parking space requirements provided in the Municipal Code. The off-street parking requirements for the residential portion of properties designed as Landmarks shall be reduced by thirty percent (30%) of the parking space requirements provided in the Municipal Code provided that each residential unit shall have at least one designated space. A property owner is permitted to seek additional relief from parking standards through the zoning incentives outlined below.

(Ord. 20 §1 (part), 2001)

(b)

Landscape Area Reductions. Landmarks on Midland Avenue or Midland Avenue Spur shall not be required to provide a minimum landscaped area.

(c)

Parkland Dedication and Improvement Requirements. The Town Council may by ordinance waive up to one hundred percent (100%) of the parkland dedication requirements for landmark properties through the procedures for zoning incentives.

(d)

School Land Dedication Requirements. There shall be no school land dedication requirements for landmarks.

(e)

Community Housing.

(1)

Community housing for commercial development. The remodel of a landmark with new commercial square footage which results in no more than three thousand (3,000) square feet of additional countable floor area subsequent to August 14, 2001, shall be exempt from the commercial housing mitigation requirements including the fifteen percent (15%) of the full-time equivalent employees generated by such development. The portion of new commercial countable floor area in excess of three thousand (3,000) square feet shall be subject to the community housing mitigation requirements

(2)

Community housing for inclusionary zoning. If none of the individual free-market residential units in a development on a landmark parcel exceed the minimum square footage for Category 2 community housing units established in the Community Housing Guidelines, the residential portion of the development shall be exempt from the inclusionary housing requirements.

A property owner is permitted to seek relief in addition to that outlined above for commercial and residential development through the zoning incentive procedures.

(f)

Zoning Incentives.

(1)

The Town Council may by ordinance grant zoning incentives for designated landmarks that do not conform with existing zoning regulations or which, upon redevelopment, will not conform with existing zoning regulations. The Town Council may grant such zoning incentives as it deems reasonably necessary to assure preservation of the landmark. Zoning incentives which may be granted include, but shall not be limited to, the transfer of allowable density to other properties owned by the owner of the landmark, additional reduction in the off-street parking standards and requirements, exemption of subgrade area from floor area limitations and calculations, approval of an increase in the floor area allowed to be constructed on the landmark, approval of an accessory dwelling unit or an accessory dwelling unit larger than otherwise allowed, variances in setbacks and other elements of the schedule of requirements provided by Section 16-22 of this Chapter, the dimensional requirements in the C-2 zone district (Table 3 in Section 16-29) and the allowance of a lot split which would create two (2) nonconforming lots where one (1) of the resulting lots contains a landmark.

(2)

Zoning incentives for residential landmarks. The Town Council may by ordinance grant zoning incentives for designated residential landmarks that do not conform with existing zoning regulations or which, upon redevelopment, will not conform with existing zoning regulations.

(3)

Zoning incentives for residential landmarks may be either (1) a lot split or (2) a combination of other incentives, but not including a lot split. If a lot split is the zoning incentive requested, then the residential landmark shall be located on one of the lots ("Landmarked Lot") and the other lot ("Second Lot") may contain another residential structure. The Landmarked Lot shall be permitted to request approval for setback variances as are necessary to create a reasonable lot for the Landmarked Lot and a floor area ratio variance in order to reflect the perimeter boundaries of the existing housing unit. Further, the Landmarked Lot may request additional below grade area. Except for lot size, development on the Second Lot shall comply with all of the requirements of the respective zone district in which the Second Lot is located. By way of example, the Second Lot shall not be permitted to request a floor area ratio greater than thirty-five hundredths (0.35) and shall not be permitted to request special review for reduced yard setbacks.

(4)

Alternatively, zoning incentives for residential landmarks may include any combination of the following zoning incentives, provided a lot split is not granted:

a.

The transfer of allowable density to other properties owned by the owner of the landmark;

b.

Additional reduction in the off-street parking standards and requirements;

c.

Exemption of subgrade area from floor area limitations and calculations;

d.

Approval of an increase in the floor area allowed to be constructed on the landmark;

e.

Approval of an accessory dwelling unit or an accessory dwelling unit larger than otherwise allowed;

f.

Variances in setbacks and other elements of the schedule of requirements provided by Section 16-22;

g.

Relief from the requirement that one (1) of the units be owner occupied where currently not allowed by this Article; and

h.

Other minor variances to provisions of Chapter 16 which have impacts similar to or less than the impacts from the above incentives.

(g)

Procedures and application. The procedures and requirements for approval of a zoning incentive shall be the same as for special review approval pursuant to Chapter 16, Article III; except that:

(1)

If the only incentives sought are setback and/or height variances, the public hearing shall be before the Town Council and there shall be no requirement for a Planning and Zoning Commission recommendation.

(2)

If a zoning incentive is submitted, the Town Manager shall have the authority to waive one (1) or more of the following:

a.

The application fee;

b.

Up to one hundred percent (100%) of charges for staff review required to be paid by the applicant under Sections 16-292 and 17-61, Town Code;

c.

Up to fifty percent (50%) of the other charges encumbered by the Town.

(3)

In the event that a zoning incentive transfer is requested, the maximum amount of fees and charges that can be waived by the Town Manager is fifty percent (50%).

(4)

The applicant shall be responsible for all building permit fees and other fees not waived or reduced through this Article. As a point of clarification, the applicant shall be responsible for preparing the application and the engineering services typically necessary for preparing and recording the documents to be recorded in the public records.

(h)

Standards. The Town Council may grant zoning incentives upon a finding of all of the following:

(1)

For nonresidential and mixed-use landmarks, the development obtaining the incentive is generally compatible with the character of the surrounding area and is generally consistent with the Town Master Plan, with specific emphasis on the neighborhood typologies;

(2)

For residential landmarks, the development obtaining the incentive is generally compatible with the character of the surrounding area and is consistent with the Town Master Plan, with specific emphasis on the neighborhood typologies. In addition, the Planning and Zoning Commission and the Town Council shall consider the factors outlined in Section 16-44 (e)(1).

(3)

The historic value of the building or structure will be preserved with the granting of the zoning incentive.

(i)

Incentives transferable. The Town Council may by ordinance at a duly noticed public hearing (for purposes of clarification, both the designating and receiving sites are subject to the Town's public notice requirements) approve, approve with conditions or deny a request for transfer of incentives, including zoning incentives, parking reductions, affordable housing mitigation reductions and the elimination of the minimum landscape requirements, from a landmarked property to any other property located in Town. By way of example, a receiving site may have access to zoning incentives such as the setback and height, or floor area, or minimum lot size reductions. The Town Council may approve the ordinance upon a finding of all of the following:

(1)

The development for the receiving site is generally compatible with the character of the surrounding area and is generally consistent with the Town Master Plan, with specific emphasis on the neighborhood typologies for the receiving site;

(2)

The historic value of the building or structure from which the zoning incentive is transferred will be preserved with the granting of the zoning incentive; and

(3)

The zoning incentive transfer will be subject to reasonable conditions such as execution of an instrument of transfer to a specific receiving site approved by the Town Attorney, a prohibition against the removal of the Landmark designation after transfer of the zoning incentives, and any other reasonable conditions or restrictions.

(Ord. 20 §1 (part), 2001; Ord. 30 §1, 2003; Ord. 33 §B1, 2003; Ord. 05 §C, 2009; Ord. 07 §B9, 2009; Ord. 19 §B(Exh. A), 2015)

No demolition, partial demolition or relocation of any landmark shall be permitted unless the demolition, partial demolition or relocation is approved by the Town Council by Special Landmark Review in accordance with the standards set forth in this Chapter.

(1)

Procedures for review. At a duly noticed public hearing before the Town Council held after publication, mailing and posting pursuant to Section 16-269, the Town Council shall approve, approve with conditions or disapprove the application.

(2)

Application for a Special Landmark Review. The application shall include the following:

a.

The general information required by the Town's development review application form;

b.

A written description of the actions to be permitted and a statement of how the proposal complies with the review standards set forth below;

c.

If deemed necessary by the Town Planner, a report from a licensed engineer or architect regarding the soundness of the structure and its suitability for rehabilitation and/or an economic feasibility report; and

d.

Any other information reasonably required by the Town Planner or the Town Council.

e.

Any applicable fees and deposits required by the Town.

(3)

Standards for review. No approval for demolition, partial demolition or relocation of a landmark shall be granted unless the Town Council approves or approves with conditions the Special Landmark Review after considering any of the following standards which the Town Council deems applicable;

a.

The structure proposed for demolition is not structurally sound despite evidence of the owner's efforts to properly maintain the structure;

b.

The structure cannot be rehabilitated or reused on site to provide for any reasonable beneficial use of the property;

c.

The structure cannot be practically moved to another site in Town;

d.

The applicant demonstrates that the proposal mitigates to the greatest extent practical, the following:

1.

Any impacts that occur to the character of the neighborhood;

2.

Any impact on the landmark or on the historic significance of the structure or structures located on the parcel and adjacent parcels; and

3.

Any impact to the architectural character and integrity of the structure or structures located on the parcel and adjacent parcels;

e.

Any partial demolition is required for the renovation, restoration or rehabilitation of the Landmark, or the part of the structure to be demolished does not contribute to the historic significance of the Landmark;

f.

The structure cannot be rehabilitated or reused on its original site to provide for any reasonable beneficial use of the property;

g.

Any relocation activity is demonstrated to be the best preservation method for the character and integrity of the structure and the historic integrity of the existing neighborhood and adjacent structures will not be diminished due to the relocation;

h.

If appropriate, the structure has been demonstrated to be capable of withstanding the physical impacts of the relocation and re-siting. A structural report shall be submitted by a licensed engineer demonstrating the soundness of the structure proposed for relocation; and

i.

If appropriate, a relocation plan shall be submitted, including posting a bond or other financial security approved by the Town Council with the engineering department, to insure the safe relocation, preservation, and repair (if required) of the structure, site preparation and infrastructure connections. The receiving site shall be prepared in advance of the physical relocation.

(4)

Exemption for structures or portions of structures which do not contribute to the historic significance of a landmarked parcel. Demolitions or partial demolitions which do not affect the exterior of the building are exempt from meeting the standards of Section 16-395. The demolition, partial demolition or relocation of a structure or portion of a structure which the Technical Review Committee unanimously finds does not contribute to the historic significance or defining elements of a landmarked parcel shall be exempt from meeting the standards of Section 16-395.

(Ord. 20 §1 (part), 2001; Ord. 33 §B1, 2003)

Any person violating the provisions of this Chapter 16, Article XVIII, shall be subject to the general penalty provisions of this Chapter, and, in addition, the Town Council, by ordinance following notice to the owner and hearing, may prohibit the owner, successor, or assigns from obtaining a building permit for the affected property for a period up to three (3) years from the date of such violation. The extent of the penalty shall be determined by the Town Council following a review of the severity of the violation. The Town may initiate proceedings to record a public notice against the property to this effect to insure the notice and enforcement of this penalty.

(Ord. 20 §1 (part), 2001; Ord. 33 §B1, 2003)

(a)

Insubstantial amendment. An insubstantial amendment to a Special Landmark Review Approval may be authorized by the Town Planner. An insubstantial amendment shall be limited to technical or engineering considerations discovered after the approval process which could not reasonably have been anticipated during the approval process.

(b)

Other amendments. All other amendments shall be approved by the Town Council pursuant to Section 16-395.

(Ord. 20 §1 (part), 2001; Ord. 33 §B1, 2003)

In order to avoid loss of landmarks, all buildings and structures designated as a landmark and having historical significance shall be maintained to meet the minimum requirements of the building codes adopted in Chapter 18. Provided, this requirement shall not create an obligation for an owner of a structure to repair or replace elements of such structure which are properly functioning but which are not UBC compliant. Said structures shall receive reasonable care, maintenance and upkeep appropriate for the preservation, protection, enhancement, rehabilitation, reconstruction, perpetuation or use in compliance with the terms of this Section. The owner of each such landmarked property shall keep the building or structure in good repair, including all of the exterior portions of such improvements and all interior portions thereof which, if not maintained, may cause or tend to cause the exterior portions of such improvements to deteriorate, decay or become damaged or otherwise fall into a state of disrepair. The Town Council may, on its own initiative, file a petition with the Chief Building Official requesting that said official require correction of defects or repairs to any structure covered by this Section, so that such structure shall be preserved and protected consistent with the purpose of this Section. Upon application, the Town Council may approve a one-time loan to the owner of the property in an amount not to exceed ten thousand dollars ($10,000.00) for purposes of satisfying the minimum maintenance requirements of this Section upon a demonstration of economic hardship which prohibits the owner from conducting such repairs, provided that:

(1)

The loan shall be in the minimum amount necessary to maintain the structure;

(2)

No interest will be due unless the applicant is not able to repay the loan within ten (10) years; and

(3)

In approving the loan, the Council shall establish the loan terms and interest rates in the event the loan is not to be paid back in ten (10) years.

(Ord. 20 §1 (part), 2001; Ord. 33 §B1, 2003; Ord. 13 §6, 2008)