The purpose of the Town Center Overlay District is to ensure that high standards of design are maintained for all residential, business and commercial buildings and uses in the Town Center Overlay District. The requirements applicable to properties located in the Town Center Overlay District are in addition to the requirements and limitations of the underlying zone district designation of the property. Anyone seeking to renovate the exterior of or add to an existing structure or building, or construct a new building in the Town Center Overlay District shall be subject to the Architectural Review Committee approval. In promoting the general purposes of this Chapter, the specific intent of this Article is to:

(A)

Protect the historic and architectural qualities of the Town's historic building stock;

(B)

Promote development and building consistent with the policies of the comprehensive plan;

(C)

Promote a consistent standard in architectural design and the construction of aesthetically pleasing structures;

(D)

Improve the general quality of the historic environment and promote conservation of the historic resources of the Town;

(E)

Encourage land uses which are orderly, functionally efficient, healthful and convenient to the historic sections of the Town;

(F)

Encourage the development of structures that are compatible within the historic districts;

(G)

Promote neighborhood integrity by compatibility in architecture and cohesiveness in style within the historic districts;

(H)

Encourage the preservation of pre-1910 and Victorian styles of architecture; and

(I)

Promote visual relief throughout the historic districts by preservation of mountain vistas and open space.

(Ord. 2015-3 §1, 2016)

(A)

There is hereby created the Architectural Review Committee which shall be empowered to architecturally review and approve the construction of new structures and the reconstruction, exterior alteration or renovation, relocation or demolition of historic and non-historic structures or sites within the Town Center Overlay District. The Committee shall be comprised of three (3) regular members and two (2) alternates who shall serve three-year overlapping terms. Committee members shall be appointed by and serve at the pleasure of the Board of Trustees. The Committee may adopt, subject to the approval of the Board of Trustees, such rules and procedures for the conduct of its meetings as the Committee deems necessary to the efficient performance of its responsibilities. The Town Clerk shall serve as secretary to the Committee and all meetings of the committee shall be open to the public and conform to the requirements of the Colorado Open Meetings Law, Section 24-6-401 et seq., C.R.S.

(B)

Notwithstanding the provisions in Subsection (A) above, and as an alternative to the establishment of a separate committee or, the Board of Trustees may serve and act as the Architectural Review Committee, in which event the Board of Trustees and its members shall possess and exercise all duties, powers and authority vested in the Architectural Review Committee under this Article and/or any other ordinance or law.

(Ord. 2015-3 §1, 2016)

The Architectural Review Committee shall prepare and submit to the Town Board of Trustees written design guidelines the construction of new structures and the reconstruction, exterior alteration or renovation, relocation or demolition of historic and non-historic structures or sites within the Town Center Overlay. Once approved by the Board of Trustees the design guidelines shall be made available for purchase by the public and shall be applied by the staff and Architectural Review Committee in considering applications for certificates of appropriateness pursuant to this Article. These standards are included in Fairplay Resolution No. 2014-19.

(Ord. 2015-3 §1, 2016)

Certificate of appropriateness. If the Architectural Review Committee approves the application as submitted, a certificate of appropriateness shall be issued within seven (7) business days by the Town Clerk per plans submitted and approved or modified by the Committee.

(Ord. 2015-3 §1, 2016)

(A)

Preliminary review.

1.

An application for a certificate of appropriateness shall first be informally reviewed by the Town Planner, Town Building Official and other appropriate Town staff.

2.

As part of this preliminary review, Town staff shall review the application, the plans and exterior design and may make suggestions for revisions to the applicant. Staff shall also make suggestions and recommendations, in the form of a written report, to the Architectural Review Committee regarding approval, conditions of approval or denial of the application for a certificate of appropriateness. Minor work in the nature of routine maintenance and repairs may be approved administratively by the Town staff without submission to the Committee.

(B)

Final review.

1.

Following preliminary review the application shall be formally reviewed by the Architectural Review Committee.

2.

The application and plans submitted to the Architectural Review Committee shall include the items specified in the Design Standards for the Town Center Overlay District adopted by the Board of Trustees in Resolution No. 2014-19.

(Ord. 2015-3 §1, 2016; Ord. 2016-3 §2, 2016)

(A)

If the Architectural Review Committee approves the application as submitted, a certificate of appropriateness shall be issued within seven (7) business days by the Town Clerk per plans submitted and approved or modified by the Committee.

(B)

If the applicant fails to appear at a review meeting or hearing:

1.

The item shall be automatically moved to the end of the regular agenda.

2.

If the applicant is not present by the end of the meeting, the item will be continued to the following meeting.

3.

If after fifteen (15) days the applicant has not requested a continuance or withdrawn the application, the Chairperson will request a motion to delete the item from the agenda. If the motion fails, action must be taken or the item will be deemed approved as submitted.

(Ord. 2015-3 §1, 2016)

(A)

In reviewing all proposed plans, the Committee is required to consider the Town Center Overlay District Design Guidelines and shall be guided by the protection, safety and preservation, as nearly as is practicable, of the historic style, qualities and characteristics of the buildings, structures and architectural features associated with or surrounding the subject development and historic district.

(B)

In order to disapprove or deny a project, the Committee shall make findings relating to the project's inconsistency with one (1) or more of the Town Center Overlay District Design Guidelines or the goals and policies set forth for the district or as stated in this Article.

(Ord. 2015-3 §1, 2016)

(A)

Action by Committee: The Committee is required to take action (approval, conditional approval or denial) on an application no later than thirty (30) days from the date of the meeting at which the application was heard. The application may be continued for a reasonable period of time not to exceed sixty (60) days at the request of the applicant or by action of the Committee. The Committee may continue an application if it is necessary to receive reports from other agencies or departments which pertain to the project.

(B)

Expiration of approval: A final approval is valid for one (1) year from the date of final action unless a time extension has been granted or a building permit has been issued.

(C)

Time extensions: Time extensions must be requested by the applicant prior to the expiration of the approval. The Committee may only grant a maximum extension of one (1) year on a final approval.

(D)

Judicial review. Decisions of the Architectural Review Committee shall be final subject to judicial review pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure.

(E)

Refiling denied project: When an application is denied by the Committee, the same application cannot be refiled for one (1) year unless the application is substantially changed from the original. Any changes must address the original reasons for denial. Upon acceptance by an applicant of changes recommended by the Committee and in the absence of changed facts or circumstances, the Committee may issue a certificate with the conditions of approval noted on the certificate.

(Ord. 2015-3, §1, 1-4-2016)

(A)

Following final approval, the certificate of appropriateness shall note that approval is conditioned upon a plan check and building permit to be secured by the applicant from the Building Official.

(Ord. 2015-3, §1, 1-4-2016)

(A)

All fees as may be established by the Board of Trustees for processing applications under this Article shall be paid by the applicant upon submittal of the application for a certificate of appropriateness to the Town Clerk. Applicants proposing a demolition may be required to post a bond, the amount of which shall be set by the Committee prior to the issuance of the certificate of appropriateness, in order to ensure restoration of the subject site and the complete removal of debris left by said demolition.

(Ord. 2015-3, §1, 1-4-2016)

(A)

The terms and conditions in this Section shall govern the designation, alteration, relocation or demolition of historic landmark structures and/or sites within the Town Center Overlay District and shall be in addition to the general requirements applicable to the Town Center Overlay District. As used in this Article, historic landmark structures and/or sites means any structure, building or site that has received historic landmark designation under federal, state or local law or regulation.

(B)

Nomination of structures or sites for local historic landmark designation. Structures and sites within the Town Center Historic Overlay District may be nominated and designated as local historic landmarks pursuant to those procedures and standards set forth in Park County Resolution No. 99-1, a Resolution Establishing the Park County Architectural Review Advisory Commission and Providing for the Designation of Historic Buildings, Structures, Landscapes, Sites and Districts, such procedures and standards having been incorporated into this Code and adopted by the Town pursuant to that Intergovernmental Agreement Between the Town of Fairplay and the County of Park, Colorado for the Purpose of Designating Structures, Sites and Districts Within the Incorporated Limits of Fairplay as Park County Historic Landmarks, and Ordinance No. 1 (Series of 2000), an Ordinance Approving an Intergovernmental Agreement with Park County Regarding Architectural Review and Incorporating Park County Resolution No. 99-1 into the Town's Zoning Ordinances, adopted February 28, 2000 by the Town of Fairplay. All nominations for the designation of a structure or site as a local historic landmark shall first be approved by the Architectural Review Committee and then forwarded to the Board of Trustees for its review and approval prior to submission to the Park County Historic Preservation Advisory Commission. Written notice of the proposed landmark designation of a structure or site shall be mailed by certified U.S. mail, return receipt requested, to the owner thereof not less than twenty-one (21) days prior to any meeting at which the Committee or Board of Trustees shall nominate and/or recommend approval of such structure or site for landmark status.

(C)

Alteration, relocation or demolition of designated landmark structures or sites. No person shall alter the exterior of, relocate or demolish, in whole or in part, a designated historic landmark structure or site without first having obtained a permit to do so from the Park County Architectural Review Advisory Commission in accordance with the rules and regulations contained in Park County Resolution No. 99-1 and such future amendments as duly adopted thereto. All applications to alter the exterior or relocate or demolish a landmark structure or site shall first be reviewed by the Architectural Review Committee utilizing the standards and standards set forth in in this Article and Fairplay Resolution No. 2014-19.

(Ord. 2015-3, §1, 1-4-2016)

Design standards for the Town Center Overlay District are contained in Fairplay Resolution No. 2014-19.

(Ord. 2015-3, §1, 1-4-2016)

(A)

The application and plans submitted to the Architectural Review Committee shall include:

1.

A written explanation of work to be accomplished, including architectural style, arrangement, texture and construction material of the existing and proposed improvements and their relation to other nearby structures;

2.

The condition of the existing structure, if any, and whether or not it is a hazard to public health or safety;

3.

A proposed final site plan;

4.

A recent photograph of any existing structure; and

5.

A rendering of any proposed structure sufficiently detailed to allow effective review of the proposed work and which specifically describes and depicts:

(a)

Any exterior or site changes:

a.

Any exterior paint/color which replaces existing or approved colors and any changes thereof;

b.

Any door and window changes in existing facades if changes match the existing building;

c.

Addition of parking spaces; and

d.

Any landscaping to the existing site or minor changes to proposed landscaping of the project;

(b)

Other information or material as reasonably required by Town staff following the preliminary review.

(Ord. 2015-3, §1, 1-4-2016)

The erection, movement, demolition, reconstruction, renovation or alteration of any building or structure located in the Town Center Overlay District without obtaining a certificate of appropriateness and otherwise complying with the requirements of this Article is unlawful and is punishable in accordance with Article II of this Chapter, and the Town may in addition to the penalties also prescribed by Section 1-4-20 institute injunction, abatement or any other appropriate action to prevent, enjoin, abate or remove this violation.

(Ord. 2015-3, §1, 1-4-2016)