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Crested Butte City Zoning Code

ARTICLE 2

Historic Preservation and Architectural Control Historic District

Sec. 16-2-10.- Purpose and intent.

Portions of the Town were designated a National Register Historic District in 1974. This Division's purpose and intent is to:

(1)

Prevent excessive uniformity, dissimilarity, inappropriateness or poor quality of design in the exterior appearance of buildings and structures throughout the Town from:

a.

Adversely affecting the desirability of the immediate area, neighboring areas and/or the entire Town, for residential and business purposes or other uses;

b.

Impairing the benefits of occupancy of existing property in such areas;

c.

Impairing the stability and value of both improved and unimproved real property in such areas;

d.

Preventing the most appropriate development of such areas; and

e.

Producing degeneration of property in such areas, with attendant deterioration of conditions affecting the health, safety, comfort and general welfare of the inhabitants thereof.

(2)

Protect and enhance the Town's attractions for residents, visitors, tourists and the support and stimulus to business thereby provided;

(3)

Protect the unique character of the Town;

(4)

Safeguard the Town's historic, aesthetic and cultural heritage;

USE AT BEGINNING OF EACH TITLE:

(5)

Foster civic pride in the beauty and accomplishments of the past;

(6)

Strengthen the economy of the Town;

(7)

Promote the use of the historic district for the education, pleasure and welfare of the people of the Town; and

(8)

Ensure compatible and orderly growth.

(Prior code 15-2-22; Ord. 3 §31, 1994; Ord. 2 §§2—4, 2001; Ord. 4 §1, 2009)

Sec. 16-2-20. - Restrictions.

Unless otherwise specifically provided in this Article, any erection, moving, demolition, reconstruction, restoration, improvement or alteration of any structure shall be prohibited unless the Board first reviews the plans and issues a Certificate of Architectural Appropriateness for said change in the structure. No building permit shall be issued unless the Board first issues a Certificate of Architectural Appropriateness for the proposed structure, except in the case when the Board deems said structure or structural change to be "insubstantial." (Prior code 15-2-22; Ord. 3 §31, 1994; Ord. 2 §5, 2001; Ord. 4 §1, 2009; Ord. No. 17, § 1, 7-20-20)

Sec. 16-2-30. - Review criteria.

When reviewing the plans for the proposed structure or structural changes, the Board shall consider the following historic and architectural criteria:

(1)

Excessive similarity. If the proposed new construction, demolition, addition or alteration to an existing structure would be detrimental to the desirability, property values or development of the surrounding area and/or to the Town, so as to involve one (1) or more of the harmful effects set forth in Section 16-2-10 above or otherwise fail to enhance the Town's historic, aesthetic or cultural heritage, by reason of excessive similarity to another structure, the Board shall deny approval of a building permit for the structure. Excessive similarity shall be determined by a review of all structures of like use, existing or approved, and of any other structure included in the same permit application, within the same zoning classification and within two hundred fifty (250) feet of the proposed site. The review shall be accomplished to prevent similarity to one (1) or more of the following features of exterior design and appearance:

a.

Apparently identical facade;

b.

Substantially identical size and arrangement of either doors, windows, porticos or other openings or breaks in the facade facing the street, including reverse arrangements;

c.

Substantially identical massing of patterns, scale, building footprint or materials, as seen from the street; or

d.

Other significant identical features of design.

(2)

Excessive dissimilarity or inappropriateness. If the proposed new construction, demolition, addition or alteration to an existing structure would be detrimental to the desirability, property values or development of the surrounding area and/or to the Town, so as to involve one (1) of the harmful effects set forth in Section 16-2-10 above, or otherwise fail to enhance the Town's historic, aesthetic or cultural heritage, by reason of excessive dissimilarity or other inappropriateness to the Town's historic design, the Board shall deny approval of a building permit for the structure. Excessive dissimilarity or other inappropriateness shall be determined by reviewing the duly adopted Design Guidelines - Town, as well as by a comparison of all structures of like use, existing or approved, and of any other structure included in the same permit application, within the same zoning classification, to determine if one (1) or more of the following features of exterior design and appearance exist:

a.

Dissimilarity or inappropriateness as to cubical content or gross floor area;

b.

Dissimilarity or inappropriateness as to height of building or height of roof;

c.

Dissimilarity or inappropriateness as to historic architectural design; or

d.

Dissimilarity or inappropriateness as to other significant design features such as material, quality or architectural design.

(3)

Design Standards and Guidelines. The Town has adopted the Design Standards and Guidelines as amended from time to time by Ordinance. A copy of the Design Standards and Guidelines is available in the Town Clerk's Office. The Design Standards and Guidelines apply to the Board's review and approval of requests for a Certificate of Architectural Appropriateness as set forth in Sections 16-2-20 and 16-2-30. The Design Standards and Guidelines also apply to the review and approval of Major Subdivisions under Chapter 17, Article 5; subdivision Tract and Lot Design in Chapter 17, Article 7; and Subdivision Landscaping in Chapter 17, Article 13.

a.

An applicant seeking a Certificate of Architectural Appropriateness under Section 16-2-20 shall demonstrate that the proposed construction, demolition, addition or alteration to an existing structure complies with the applicable Design Standards and Guidelines.

b.

If the Board determines that the proposed construction, demolition, addition or alteration to an existing structure does not satisfy the applicable Design Guidelines and Standards, the Board shall deny the request for a Certificate of Architectural Appropriateness, or impose such conditions of approval on the Certificate of Architectural Appropriateness it deems necessary for the proposal to comply with the Design Standards and Guidelines and Review Criteria.

(Prior code 15-2-22; Ord. 5 §2, 1989; Ord. 41 §1, 1995; Ord. 2 §§6—11, 2001; Ord. No. 17, § 2, 7-20-20)

Sec. 16-2-40. - Reserved.

Editor's note— Ord. No. 34, § 2, adopted September 16, 2019, repealed § 16-2-40, which pertained to ordinary maintenance and repair and derived from Prior code 15-2-22.

Sec. 16-2-50. - Reserved.

Editor's note— Ord. No. 34, § 2, adopted September 16, 2019, repealed § 16-2-50, which pertained to dangerous conditions and derived from Prior code 15-2-22; Ord. 3, §§ 22, 31, 1994.

Sec. 16-2-60. - Reserved.

Editor's note— Ord. No. 34, § 2, adopted September 16, 2019, repealed § 16-2-60, which pertained to demolition of historic structures and derived from Ord. 26 § 1, 2008; Ord. 4 § 1, 2009; Ord. 6 § 3, 2010.