The purpose of this Article is to:

(a)

Designate, preserve, protect, enhance, and perpetuate sites, structures, objects, districts, historic signage, and historic mural art that reflect outstanding elements of the City's historic, architectural, social, archaeological, artistic, economic, political, and cultural heritage;

(b)

Promote civic pride of the past;

(c)

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

(d)

Enhance or improve the historic and aesthetic vitality of sites, structures, objects and districts;

(e)

Enhance the visual character of the City by encouraging new design and construction that complements the City's historic buildings, objects, sites and districts;

(f)

Strengthen the City's economy by protecting and enhancing attractions for visitors;

(g)

Conserve valuable material and energy resources through the ongoing use and maintenance of the existing built environment;

(h)

Protect property values within the City by publically recognizing and appreciating historic properties, including those that are not landmarked; and

(i)

Promote and encourage continued private ownership and utilization of such sites, structures, objects, and districts.

(Ord. No. 19-2018, § 2(Exh. A), 8-2-2018)

(a)

Authorization. Pursuant to the procedures set forth in this Section, the City Council may:

(1)

Designate as a landmark an individual structure or other feature or an integrated group of structures and features on a single lot or site having special historical or architectural value.

(2)

Designate as an historic district an area containing a number of structures having special historical or architectural value.

(b)

Procedures for Designating Local Landmarks and Historic Districts.

(1)

Authority to Submit Application. A nomination for designation may be made by the Glenwood Springs Historic Preservation Commission ("GSHPC"), City Council, property owners, or any organization with a recognized interest in historic preservation.

a.

Landmark nominations for a single property shall be accompanied by written consent of all record owners on a form provided by the Director.

b.

District nominations shall include a petition supporting the nomination and signed by the owners of at least fifty (50) percent of the land area proposed to be included within the district.

(2)

Application Content. The application shall be submitted to the Director on a form established by the Director. The applicant bears the burden of demonstrating compliance with application requirements.

(3)

Application Submittal and Review Schedule. The Director shall establish a submittal and review schedule for landmark and historic district nomination applications and shall include that information in the Administrative Manual. The Director may amend the schedule to ensure effective and efficient review under this Code.

(4)

Determination of Application Acceptance.

a.

The Director shall determine whether an application is complete and, if the application is complete or incomplete within five (5) business days of submittal and provide written notification of such determination to the applicant. A complete application shall be processed according to the procedures in this Article. An incomplete application shall not be processed or reviewed. Any deficiencies noted by the Director shall be addressed by the applicant and the representative commissioner, when appropriate, prior to resubmitting the application.

b.

The Director shall review the application with respect to:

1.

Its relationship to this Code, goals and policies; the Comprehensive Plan of the City; and the landmark criteria set forth in this Article; and

2.

The effect of the designation upon the surrounding neighborhood.

c.

The Director shall prepare a written staff report. The staff report shall state whether the application complies with Code requirements and shall include a recommendation to the GSHPC.

d.

The Director shall submit a copy of the staff report to the applicant, the GSHPC, and the commissioner who aided in the application, if appropriate, and shall make the staff report and related materials available for public review according to the following timeframes:

1.

For hearings before the GSHPC, the staff report shall be distributed no later than the Friday prior to the scheduled GSHPC hearing where the application is to be heard.

2.

For hearings before the City Council, the staff report shall be distributed no later than nine (9) days prior to the scheduled City Council hearing where the application is to be heard.

(5)

GSHPC Public Hearing.

a.

Scheduling. The Director shall schedule a public hearing for either a regularly scheduled or special meeting of the GSHPC. Notice of the time, date, place, and subject matter of the hearing shall be given pursuant to Subsection 070.060.030(f), Scheduling and Notice of Public Hearings.

b.

Action. The GSHPC shall review the application for conformance with the established criteria for designation pursuant to 070.050.020(f), Criteria for Designation, and shall take one (1) of the following actions:

1.

Recommend that the City Council approve the application for a landmark or historic district designation; or

2.

Recommend that City Council deny the application for a landmark or historic district designation; or

3.

Continue the hearing to a future GSHPC meeting with a request for additional information necessary to make a decision to approve or deny.

(6)

City Council Procedures.

a.

Notice of Public Hearing. The City Council shall hold a public hearing on the landmark application. Notice of the time, date, place, and subject matter of the hearing shall be given pursuant to Subsection 070.060.030(f), Scheduling and Notice of Public Hearings.

b.

Review and Decision. The City Council shall review the landmark application for conformance with the established criteria set forth in this Article and and shall affirm, reverse, or amend the GSHPC recommendation.

c.

Notification. When a landmark or historic district has been designated by the City Council, the Community Development Department shall:

1.

Provide the owner of each property so designated written notification of such decision by the GSHPC and City Council outlining the reasons for such designation, the obligations and restrictions created by such designation and the procedures for appeal. The letter shall also contain a requirement that the owner and his/her successors or assigns notify the GSHPC prior to:

i.

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

ii.

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

2.

Record an ordinance designating the property as a landmark or historic district and listing the individual properties included therein. The ordinance shall include a description of the characteristics of the landmark or historic district which justify its designation, a description of the particular features that should be preserved, and a legal description of the property or boundaries of the district.

(7)

Appeal. A party aggrieved or adversely affected by any decision by the City Council may seek review of the decision in the courts in accordance with state law.

(c)

Revocation of Landmark Designation.

(1)

If a designated landmark has been lawfully removed or demolished, the owner may apply to the GSHPC for a revocation of the respective landmark designation. The revocation application shall be reviewed under the same procedures described hereinabove.

(2)

The revocation of a landmark designation may be approved if there is a determination that, without the demolished building or feature, the site as a whole no longer meets the criteria for designation. The GSHPC shall make a recommendation to the City Council to approve or deny the revocation of the landmark designation. Upon the City Council's decision to revoke a designation, an ordinance that includes the legal description of the affected property and stating reasons for the revocation shall be adopted and duly recorded pursuant to the Charter.

(d)

Amendment of Designation. Designation of a landmark or historic district may be amended to add features or property to the site or district under the procedures set forth in Subsection 070.050.020, Designation of Local Landmarks and Historic Districts.

(e)

Limitation on Resubmission and Reconsideration of Proposed Designation. When the City Council denies a historic district or landmark site designation application, no person shall submit an application that is the same or substantially the same for at least six (6) months from the date of the final action on the original proposal.

(f)

Criteria for Designation. Properties eligible for designation must be at least fifty (50) years old and possess both significance and physical integrity.

(1)

Significance. Sites, buildings, objects, or properties eligible for local landmark or historic district designation must possess significance in at least one (1) of the following categories:

a.

Historical Significance. The site, building, object, or property:

1.

Has character, interest and integrity and reflects the heritage and cultural development of the City, state, or nation;

2.

Is associated with an important historical event; or

3.

Is associated with an important individual or group who contributed in a significant way to the political, social, and/or cultural life of the community.

b.

Architectural Significance. The building, object, or property:

1.

Embodies distinctive characteristics of a type, period or method of construction;

2.

Represents the work of a craftsman or architect whose work is distinguishable from others by its characteristic style and quality;

3.

Possesses high artistic values or design concepts; or

4.

Represents a significant and distinguishable entity whose components may lack individual distinction.

c.

Informational Significance. The site, building, object, or property has yielded, or may be likely to yield information important in history or prehistory.

(2)

Integrity. A property that is eligible for designation must retain physical qualities that date from the period when the property attained its significance. Integrity is based on the degree to which a property retains all or some of seven (7) qualities associated with location, design, setting, materials, workmanship, feeling, and association. All seven (7) qualities need not be present for a property to be eligible as long as the overall sense of past time and place are evident. For archaeological sites, integrity is determined based on the degree to which remaining evidence can provide important information.

a.

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

b.

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

c.

Setting. The character of the place in which the property is located. Setting refers to the historic property's relationship to surrounding buildings, features, and open space.

d.

Materials. The physical elements that were combined or deposited during a particular period of time and in a particular pattern or configuration to form a historic property.

e.

Workmanship. The physical evidence of the crafts of a particular culture or people during any given period in history or prehistory.

f.

Feeling. A property's expression of the aesthetic or historic sense of a particular period of time.

g.

Association. The direct link between an important historic event or person and a historic property.

(Ord. No. 19-2018, § 2(Exh. A), 8-2-2018)

(a)

Inventory of Designated Landmark Sites and Districts and Pending Designations. The Community Development Department shall maintain a current record of all designated landmark sites and historic districts and any pending designations.

(b)

Interim Control Under Pending Designations. No person shall receive a building permit to construct, alter, remove, or demolish any building or object proposed for landmark designation or contributing building or object within a proposed historic district after an application has been filed to initiate the designation of such landmark or district. No such building permit shall be approved while proceedings are pending on such designation, such period time not to exceed sixty (60) days. Penalties for violations of this Section shall be as set forth in Subsection 070.010.080, Enforcement.

(c)

Structures of Merit. The GSHPC may approve a list of structures of historical or architectural merit that have not been designated as landmarks and are not situated in designated historic districts, but that may be considered for future designation. The GSHPC may add to this list from time to time in order to recognize and encourage the protection, enhancement, and use of such structures. Nothing in this Section shall be construed to impose any regulations or controls upon, or to provide incentives or awards to, structures of merit solely because they are included on the list.

(d)

Recognition of Landmarks and Structures of Merit. The GSHPC may recommend, with City Council approval, such steps as it deems desirable to recognize the merit of and to encourage the protection, enhancement, perpetuation and use of, any listed structure or of any designated landmark or any structure in a designated historic district by, without limitation, issuing certificates of recognition and authorizing plaques to be affixed to the exteriors of such structures.

(Ord. No. 19-2018, § 2(Exh. A), 8-2-2018)

(a)

Landmark Alteration Certificate Required. Owners intending to reconstruct, improve, demolish, or in any way significantly alter or change the exterior appearance or the exterior characteristics of improvements on real property that is designated as a landmark or proposed landmark, or in a designated or proposed historic district, shall first obtain a landmark alteration certificate for the proposed work under this Section, as well as any other permits required by this Article or the Code.

(b)

Pre-Application Conference.

(1)

Purpose. The pre-application conference is intended to provide an opportunity for the owner or applicant to meet with City staff to review applicable submittal requirements, review procedures, and to identify any issues associated with the proposed alteration.

(2)

Procedure. Pre-application conferences shall follow the following procedures:

a.

Request. The applicant shall submit a request for a pre-application conference to the Director.

b.

Scheduling. The Director shall schedule the pre-application conference and notify appropriate staff and the applicant of the time and location of the conference.

c.

Required Information. At least five (5) days prior to the scheduled pre-application conference, the applicant shall submit:

1.

A completed planning application;

2.

Proof of ownership;

3.

A written description of the proposed project; and

4.

Conceptual drawings showing the location, layout, and primary elements of the proposal.

(c)

Application Submittal and Handling.

(1)

Application for an alteration certificate shall be made by the property owners(s), or with the written consent of the property owner(s) on such form as established by the Director. The applicant bears the burden of demonstrating compliance with application requirements.

(2)

The Director shall establish a submittal and review schedule for landmark alteration certificates and shall include that information in the Administrative Manual. The Director may amend the schedule to ensure effective and efficient review under this Code.

(3)

The Director shall determine whether the application is complete or incomplete within five (5) business days of submittal and provide written notification of such determination to the applicant. A complete application shall be processed according to the procedures in this Article. An incomplete application shall not be processed or reviewed. Any deficiencies noted by the Director shall be addressed by the applicant prior to resubmitting the application.

(d)

Staff Review and Action. The Director shall distribute the complete application to appropriate staff and a subcommittee of the GSHPC consisting of two (2) rotating regular members. Within ten (10) business days after a complete application is filed, staff and the GSHPC subcommittee shall determine whether the proposed work would have a significant impact upon or be potentially detrimental to the landmark or historic district pursuant to the review criteria in Subsection 070.050.040(f), Criteria for Review of a Landmark Alteration Certificate.

(1)

No Significant Impact. If it is determined that there would be no significant impact or potential detriment, a landmark alteration certificate shall be issued to the applicant and the GSHPC shall be notified of such issuance.

(2)

GSHPC Referral. If either the staff member or one (1) of the GSHPC's subcommittee members determines that the proposed work would create a significant impact or potential detriment, the application shall be referred to the GSHPC as set forth in Subsection 070.050.040(e), Landmark Alteration Certificate Public Hearing.

(e)

Landmark Alteration Certificate Public Hearing. The GSHPC shall hold a public hearing to review landmark alteration certificates referred by the GSHPC subcommittee within forty-five (45) days after the completed application is filed. Notice of the time, date, place, and subject matter of the hearing shall be given pursuant to Subsection 070.060.030(f), Scheduling and Notice of Public Hearings. The GSHPC shall take one (1) of the following actions at the meeting:

(1)

Grant the landmark alteration certificate upon a determination that the application meets the established criteria set forth in this Section and the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings as set forth in Subsection 070.050.060(d), Adoption of Secretary of the Interior's Standards.

(2)

Deny the landmark alteration certificate upon a determination that the application does not meet the established criteria set forth in this Section and the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings as set forth in Subsection 070.050.060(d), Adoption of Secretary of the Interior's Standards.

(3)

Continue the hearing to a future GSHPC meeting with a request for additional information necessary to made a decision.

(f)

Criteria for Review of a Landmark Alteration Certificate.

(1)

The GSHPC may approve proposed exterior alterations to any landmark or contributing building within a designated historic district upon finding that the proposed alterations would not detrimentally alter, destroy, or adversely affect any significant architectural or landscape feature that contributes to the landmark designation. The GSHPC must find that the proposed alterations are visually compatible with the designated landmark in terms of design, finish, material, scale, mass, and height. When the alteration is to a contributing building in a designated historic district, the GSHPC must also find that the alterations are visually compatible with adjacent contributing properties.

(2)

The GSHPC shall use the following criteria to determine compatibility:

a.

The effect upon the general historical and architectural character of the landmark or the landmark district.

b.

The architectural style, arrangement, texture, and material of existing and proposed improvements and their relation and compatibility to the landmark or the sites, structures, and objects in the landmark district.

c.

The effect of the proposed work in creating, changing, or destroying the exterior characteristics of the site, structure, or object upon which such work is done.

d.

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

e.

The extent to which the proposed work meets the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings as set forth in Subsection 070.050.060(d), Adoption of Secretary of the Interior's Standards.

(g)

Criteria for Reviewing Structure Relocation. In addition to the alterations criteria in Subsection 070.050.040(f) above, the GSHPC shall use the following criteria when considering landmark alteration certificate applications for relocating a landmark or a contributing building or object within a historic district:

(1)

Documentation showing that the landmark cannot be rehabilitated or reused on its original site for any reasonable beneficial use of the property and relocation is necessary to preserve its character and integrity.

(2)

The contribution the landmark makes to its present setting.

(3)

A structural report submitted by a Colorado-licensed structural engineer that adequately demonstrates that the landmark can be moved without significant physical damage.

(4)

The degree to which orientation, setting, and general environment of the new location are comparable to those of the historic location and are compatible with the landmark's significance.

(5)

The landmark is the last surviving property most importantly associated with a particular historic event or an important aspect of a historic person's life and where relocation is necessary to preserve the landmark. The phrase "most importantly associated" means that it must be the single surviving property that is most closely associated with the event or with the part of the person's life for which he or she is significant.

(6)

The degree to which the landmark's design values or historical associations are directly dependent on its location where any move will cause the property to lose its integrity and prevent it from conveying its significance.

(7)

The landmark is an object that was designed to move or is a property that was frequently moved during its historic use and the new location is a historically-appropriate setting whereby the landmark retains its integrity of setting, design, feeling, and association. Such properties include automobiles, railroad cars, and engines.

(8)

The moved landmark is not a portion or fragment of a larger resource. Moving only a portion of a landmarked building or object permanently alters integrity of design, setting, materials, workmanship, and location.

(h)

Criteria for Reviewing Structure Demolition.

(1)

Review Criteria for Total Demolition. Applicants requesting a landmark alteration certificate for total demolition must provide data to clearly demonstrate that the situation meets the following four (4) criteria:

a.

The building is structurally unsound.

b.

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

c.

The building cannot be practically moved to another site in the City.

d.

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

1.

Any impacts that occur to the visual character of the neighborhood where demolition is proposed to occur; and

2.

Any impact to the historical or architectural significance of other buildings located on the property and to adjacent landmarks or contributing buildings within an historic district.

e.

In the case of archaeological sites, consideration will be given to whether information can be recovered as part of the demolition.

(2)

Review Criteria for Partial Demolition. In addition to the alterations criteria in Subsection 070.050.040(f) above, the GSHPC shall use the following criteria when considering alteration certificates for partial demolitions of landmarks or contributing buildings within a designated historic district.

a.

The partial demolition is required for the renovation, restoration, or rehabilitation of the landmark; and

b.

The applicant has mitigated, to the greatest extent possible, impacts to the historical or architectural significance of other landmarks on the property; and

c.

The partial demolition would not destroy the architectural or historical integrity of the landmark such that the property would no longer qualify as a landmark or contributing building in an historic district.

(i)

Denial of Landmark Alteration Certificate.

(1)

A denial of a landmark alteration certificate shall be accompanied by a statement of the reasons for the denial and the procedures for appeal to the City Council. The GSHPC may make recommendations to the applicant concerning changes to the proposal. The applicant may resubmit an amended application, reapply for a building or demolition permit that takes into consideration the recommendations of the GSHPC, or appeal said denial to the City Council.

(2)

If an application for a landmark alteration certificate is denied, no person may submit a subsequent application for the same construction, alteration, removal, or demolition within six (6) months from the date of the final action upon the earlier application.

(j)

Issuance of Landmark Alteration Certificate. The Director shall issue a landmark alteration certificate if an application has been approved by the GSHPC subcommittee, GSHPC, or City Council.

(1)

Time Limit. Upon approval an application for a landmark alteration certificate, the applicant shall apply for a building permit conforming to the certificate within one hundred eighty (180) days thereafter, as applicable.

(2)

Record of Demolished and Moved Properties. Prior to the issuance of a permit for demolition, moving, or removal, the City may require the applicant to provide information about the building, including current photographs.

(k)

Exemptions from Landmark Alterations Certificate. If a request for a landmark alteration certificate does not conform to the applicable criteria, an applicant may request an exemption from the certificate requirements from the GSHPC. If a request for a landmark alteration certificate does not conform to the applicable criteria, the applicant must submit adequate documentation and/or testimony to establish qualification for at least one (1) of the listed exemptions below. The data provided by the applicant must be substantiated by either professionals in an applicable field or by providing documentation of how the information was obtained. The applicant shall have the burden of proof to establish hardship. The GSHPC may request additional information from the applicant as necessary to make informed decisions.

(1)

Economic Hardship Exemption. The following standards that describe factors, evidence, and testimony will be considered by the GSHPC:

a.

The structural soundness of the landmark and its suitability for rehabilitation.

b.

The economic feasibility of rehabilitation or reuse of the existing property in the case of a proposed demolition.

c.

The current level of economic return on the property in relation to the following:

1.

The amount paid for the property, the date of purchase and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant, and the person from whom the property was purchased.

2.

A substantial decrease in the fair market value of the property that would result in the event that the landmark alteration certificate was denied.

3.

The fair market value of the property at the time the application was filed.

4.

Real estate taxes for the previous three (3) years.

5.

Annual gross and net income, if any, from the property for the previous three (3) years; itemized operating and maintenance expenses for the previous three (3) years; and depreciation deduction and annual cash flow before and after debt service, if any, for the previous three (3) years.

6.

Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, during the previous three (3) years.

7.

All appraisals obtained within the previous three (3) years by the owner or applicant in connection with the purchase, financing, or ownership of the property.

8.

Any state or federal income tax returns on or relating to the property for the previous three (3) years.

d.

The marketability of the property for sale or lease, considered in relation to any listing of the property for sale or lease, and the price asked and offers received, if any, within the previous two (2) years. This determination can include testimony and relevant documents regarding:

1.

Any real estate broker or firm engaged to sell or lease the property;

2.

Reasonableness of the price or rent sought by the applicant; and

3.

Any advertisements placed for the sale or rent of the property by the owner or applicant.

e.

The lack of feasibility of alternative uses that can earn a reasonable economic return for the property as considered in relation to the following:

1.

A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of any buildings/structures on the property and their suitability for rehabilitation.

2.

At least three (3) estimates indicating the cost of the proposed construction, alteration, relocation, or demolition and estimates of any additional cost that would be incurred to comply with the recommendations of the GSHPC or City Council for changes necessary for the issuance of landmark alteration certificate.

3.

Testimony from a Colorado-licensed engineer or architect with experience in rehabilitation as to the economic feasibility of rehabilitation or reuse of existing building/structures on the property.

f.

Studies and evaluations conducted at the applicant's expense that shall identify impact of economic incentives and/or funding available to the applicant through federal, state, City, or private programs in relation to a five-year pro forma of projected revenues and expenses of the reasonable uses or revenues that takes into consideration the utilization of incentives programs available.

g.

Any community organizations, preservation groups, other associations and private citizens that wish to comment on a submission made under the financial hardship provision.

h.

Conduct to be excluded from review. Demonstration of economic hardship by the owner shall not be based on conditions caused by or resulting from the following:

1.

Willful or negligent acts by the owner;

2.

Purchasing the property for substantially more than market value;

3.

Failure to perform normal maintenance and repairs;

4.

Failure to diligently solicit and retain tenants; or

5.

Failure to prescribe a rental amount which is reasonable.

(2)

Undue Hardship. An applicant requesting an exemption based on undue hardship must show that the application of the criteria creates a situation substantially inadequate to meet the applicant's needs because of specific health and/or safety issues.

(3)

Inability to Use. One (1) year after denial of a demolition permit, if no feasible use or ownership is found for the structure, the owner may request a waiver of all or a part of the restraint of demolition. The GSHPC will include the following factors in its consideration of the request:

a.

Documented evidence of applications and written correspondence, including written consultations, illustrating efforts made by the property owner to make necessary repairs, to find an appropriate user or to find a purchaser for the property; and

b.

The adequacy of the property owner's efforts to locate available assistance for making the property functional without demolition.

(l)

Appeals. Anyone aggrieved by any decision of the GSHPC may file an appeal pursuant to the procedures set forth in Subsection 070.060.070(c), Appeals.

(m)

Unsafe or Dangerous Conditions Exempted. Nothing in this Section shall be construed to prevent any measures of construction, alteration, removal or demolition necessary to correct the unsafe or dangerous condition of any structure, feature or parts thereof when such condition is declared unsafe or dangerous by the Community Development Department or Fire Department and where the proposed measures have been declared necessary by the City Manager to correct the condition, as long as only such work that is absolutely necessary to correct the condition is performed. Any temporary measures may be taken without first obtaining a landmark alteration certificate under this Article, but a certificate is required for permanent alteration, removal, or demolition.

(n)

Stop-Work Order. Whenever an action has been initiated for which a landmark alteration certificate is required but has not been approved or issued, the City shall make every reasonable effort to contact the property owner, lessee, and/or occupant to notify them of the application for landmark alteration certificate process. The Community Development Department may issue a stop-work order as necessary to halt an action that requires a landmark alteration certificate. The City may issue the stop-work order by written notice delivered by certified mail, or in person.

(Ord. No. 19-2018, § 2(Exh. A), 8-2-2018; Ord. No. 3-2021, § 2(Exh. A), 5-20-2021; Ord. No. 15-2023, § 2(Exh. A), 10-5-2023)

(a)

Prevent Deterioration. The City Council intends to preserve from deliberate or inadvertent neglect the exterior portions of designated landmarks and all interior portions thereof whose maintenance is necessary to prevent deterioration of any exterior portion. No owner of any landmark shall fail to prevent significant deterioration of the exterior of the structure or special feature beyond the condition of the structure on the effective date of the designating ordinance.

(b)

Compliance with City Codes. No owner and/or lessee of any landmark or structure in an historic district shall fail to comply with all applicable provisions of this Section and other ordinances of the City regulating property maintenance.

(c)

Owner Notification. Before the City Attorney files a complaint in Municipal Court for failure to maintain the property on the landmark site or historic district, the City shall notify the property owner of the need to repair, maintain or restore the property, shall assist the owner in determining how to preserve the property, and shall give the owner forty-five (45) days in which to commence the tasks. In the event a building permit is required, work shall commence forty-five (45) days after issuance of a building permit.

(Ord. No. 19-2018, § 2(Exh. A), 8-2-2018)

(a)

Economic Incentives. Owners of properties that have been landmarked pursuant to Article 070.050 and that are used for residential purposes may receive a rebate on the City's general operating mill levy, not including fire bonds. The rebate will occur after the property owner presents to the City's Finance Director a receipt from the Garfield County Treasurer's office showing that the property taxes have been paid for the year the rebate is requested.

(b)

Gifts, Grants and Funding. The GSHPC may, subject to appropriations by the City Council or other income, employ clerical and technical assistants or consultants, may apply for and accept grants, money gifts or gifts of services, and may hold or expend the same for all or any of the purposes of historic preservation in the City. A non-lapsing fund for gifts and grants shall be established by the City. Appropriations from the City Council shall be managed in accordance with City policies and shall lapse each year if unexpended.

(c)

Limitations. This Article shall not repeal, annul or in any way impair or remove the necessity of compliance with any other ordinance, law, or regulation. Where this Article imposes a higher and/or stricter standard, the provisions of this Article shall prevail. The GSHPC shall not review permit applications for alterations to interior spaces, so long as the proposed work neither has an effect on the exterior appearance of the building nor compromises the structural integrity of the building.

(d)

Adoption of Secretary of the Interior's Standards. The Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (36 CFR Part 67, as amended) shall be hereby adopted as it relates to the rehabilitation and alteration of landmarks and contributing buildings in an historic district.

(1)

A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining exterior characteristics of the building, its site, and environment.

(2)

The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.

(3)

Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.

(4)

Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

(5)

Distinctive features, finishes and construction techniques or examples of craftsmanship that characterize a property shall be preserved.

(6)

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.

(7)

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.

(8)

Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.

(9)

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.

(10)

New additions and adjacent or related new construction shall be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

(Ord. No. 19-2018, § 2(Exh. A), 8-2-2018)