(1)

The city council hereby enacts this historic preservation chapter in accordance with their home rule authority and the policies of the city's growth and development plan in effect as of the original enactment of this chapter. These policies state:

(a)

The city will discourage encroachment into viable residential areas by commercial and industrial development.

(b)

The city will recognize the integrity of historic residential neighborhoods, will encourage and support their revitalization and will provide active support in obtaining historic designation for eligible residences and districts.

(c)

The city will preserve and enhance as much as possible, manmade elements that are of historic significance, city image features and landmarks, and pedestrian image features.

(2)

The city council finds that the pressures of population growth and development may result in destruction, impairment or drastic alteration of the buildings, structures and areas important to the city's cultural, historic and architectural heritage. It is further found that the prevention of needless destruction and impairment and the attendant preservation of the city's cultural, historic and architectural heritage is a public necessity and is required in the interest of prosperity, civic pride, and general welfare of the people. The purpose and intent of this chapter is therefore:

(a)

The protection, enhancement, perpetuation and use of buildings, structures, sites and areas that are reminders of past eras, events and persons important in local, state or national history, or which provide significant examples of architecture, or which are unique and irreplaceable assets to the city and its neighborhoods, or which provide for this and future generations examples of the physical surroundings in which past generations lived;

(b)

The development and maintenance of appropriate settings and environment for such buildings, structures, sites, and areas;

(c)

The enhancement of property values, the stabilization of neighborhoods and areas of the city, the increase of economic and financial benefits to the city and its inhabitants, and the promotion of tourist trade and interest;

(d)

The enrichment of human life in its educational and cultural dimensions in order to serve spiritual as well as material needs by fostering knowledge of the living heritage of the past.

(3)

It is also the intention of this chapter not to preserve every old building in the city, but rather to prevent the destruction of historically and architecturally significant sites, buildings, structures, neighborhoods and districts by regulating the erection, moving, demolition, reconstruction, restoration, or alteration of such buildings, sites and structures.

(Ord. 1813, § 1, 2008; Ord. 1595, §§ 1—4, 2002; Ord. 940, § 1(part), 1983; Ord. 918, § 1(part), 1983)

[The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

Board means the historic preservation board as described in chapter 2.54.

Certificate of appropriateness review means the official findings issued by the historic preservation board after reviewing any application for the erection, demolition, moving, reconstruction, restoration or alteration of any designated historic site.

Contributing structure or property means a structure or property within a historic district determined by competent evidence to be reasonably eligible on an individual basis for designation under the criteria in section 18.58.025.

District or historic district" means a historic site designated in accordance with this chapter comprised of six or more distinct properties.

Distinct property means a property that has a separate real estate parcel identification number assigned by Jefferson County Assessor. A property comprised of several condominium ownerships shall be deemed to be one property for purposes of this chapter.

External appearance means the architectural style and general arrangement of the exterior of the structure including type and texture of the building materials and including all windows, doors, lights, signs, and other fixtures appurtenant thereto. This includes any structure, place, work of art, landscape element or other object constituting a physical component of real property which is visible from a public way or adjoining properties.

Land owner means the owner in fee of any undivided interest in any given distinct parcel of land. If the mineral estate has been severed, the landowner is the owner in fee of an undivided interest in the surface estate and not the owner in fee of an undivided interest in the mineral estate. One who is purchasing land under a written contract duly recorded shall be deemed a land owner of the parcel that is subject to the contract if he is in possession of the property pursuant to the purchase agreement.

Landmark property means a historic site determined to meet the higher level of designation criteria contained in section 18.58.030 of this chapter, and designated as such under the provisions of this chapter.

Ordinary maintenance means any work where the purpose and effect of such work is to correct deterioration or decay of a structure or any part thereof and if it does not affect a significant change in the external appearance of the structure.

Significant change means an alteration or modification in the external appearance which has or is likely to have influence or effect on the historic or architectural merit of a structure or site, including, but not limited to, all activities for which a building permit is required.

Site means a structure, building, physical location, area, neighborhood or district determined to have significant merit for historic designation under this chapter.

Work means any alteration, demolition, new construction, reconstruction, restoration, remodeling or other modification which results in a significant change in the external appearance of a site or structure, excepting ordinary maintenance of the same.

(Ord. No. 2063, § 7, 10-12-2017; Ord. 1813, §§ 2, 3, 2008; Ord. 1595, § 5, 2002; Ord. 940, § 1(part), 1983; Ord. 918, § 1(part), 1983)

The historic preservation board, duly empowered and composed as defined in chapter 2.54, will evaluate and determine the merit of sites or districts, as defined in section 18.58.020, for designation under this chapter. The following criteria shall be used in this determination. For purposes of this chapter, a site or district shall be deemed to be eligible for designation when one or more of the general categories of importance (historical importance, architectural importance, or geographic importance) are clearly met by virtue of one or more of the subcategories listed in subsections (1), (2), or (3) below, or one or more of the specific criteria in subsections (4) through (9).

(1)

Historical importance relates to a building, structure, district, object, site or area that is at least 50 years old, (unless it has significance as defined under subsection 18.58.025(1)(f), or is signage that is exempt under subsection 18.32.030(m), and:

(a)

Has character, interest or value as part of the development, heritage or cultural characteristics of the city, the State of Colorado or the nation;

(b)

Is the site of a historic event that has interest and value and that has affected the development, heritage, or cultural characteristics of the city, the State of Colorado or the nation;

(c)

Is identified with a person or group of persons who had some influence on the development, heritage and cultural characteristics of the city, the State of Colorado or the nation;

(d)

Is significant to or exemplifies the cultural, political, economic, social or historical heritage of the community;

(e)

By its preservation, promotes the general welfare of the present and future inhabitants of the community, as well as civic pride;

(f)

Is under 50 years old but has historical importance as defined in this section if such significance can be objectively shown (i.e., is not a passing fad or is important compared to comparable places in the past).

(2)

Architectural importance relates to a building, structure, district, object, site or area that:

(a)

Portrays the environment of a group of people in an era of history characterized by a distinctive architectural style;

(b)

Embodies the distinguishing characteristics of a significant or unique architectural type specimen;

(c)

Contains the work or craftsmanship of an architect, designer, contractor, builder, or crafter who is locally, statewide, nationally or internationally recognized, or whose individual work has influenced the character of the city, the State of Colorado, the nation, or the world;

(d)

Contains elements of design, detail, materials or craftsmanship that represent a significant architectural style;

(e)

Made a significant contribution to a design or architectural movement, or in its design illustrates an important architectural development pattern of the community;

(f)

Is the only, or one of the few remaining examples of, a rare significant architectural style or use, in the region, State of Colorado or the nation;

(g)

Has significant design or craftsmanship that is a "lost art" which has no known method of re-creation; icon; engineering;

(h)

By virtue of its appearance, alone or within its setting, is a roadside, neighborhood or civic icon;

(i)

Exemplifies a significant or unique type, period or method of construction, or form of engineering;

(j)

Exemplifies the use of locally manufactured building materials;

(k)

Exemplifies an obsolete or antiquated use resulting from technological or social change; (e.g., mining, bridges, barns);

(l)

Is significant for its ability in design to work well with the natural or urban landscape in which it is set;

(m)

Is a significant feature manmade from mainly natural materials (e.g., mines, and irrigation ditches;

(n)

Is a significant example of a designed landscape, streetscape, or infrastructure;

(o)

Is a building component critical to the structural support of a place that is significant under this section (e.g., party walls).

(3)

Geographic importance relates to a building, structure, district, object, site or area that:

(a)

As part of or related to a square, park, complex, subdivision or other distinctive area, should be developed or preserved according to a plan based on a historic, cultural or architectural motif;

(b)

Due to its unique location or singular physical characteristics represents an established and familiar visual feature of the area;

(c)

Is a natural landmark, feature or landscape that has intrinsic significance, or is part of a significant historic setting, or contributes to the significance of a historic site or district, according to the criteria of this section;

(d)

Is a natural landmark, feature or landscape that has made a significant contribution to furthering scientific knowledge, or is important based on other criteria in this section;

(e)

Is a legally definable view plane or corridor critical to preserving a noted historical view of a site or district of architectural importance, or a significant natural landmark;

(4)

Any site listed as a Denver or Jefferson County Landmark or listed on the State or National Register of Historic Places shall be deemed to qualify for local designation under this chapter;

(5)

Any district designated as a Historic District by Denver, Jefferson County, or by the State or National Register of Historic Places shall be deemed to meet the city's minimum standards for designation. However the city council's action as provided in subsection 18.58.040(6) will also consider the written and oral testimony of owners of the affected properties;

(6)

Is an important archaeological resource;

(7)

Is a monument, birthplace, cemetery or grave of an historic person or people representing a particular time or event in our history or culture, or for which no other significant places are known to remain;

(8)

Is a right-of-way, mineral estate or other tangible property right which can be effectively demonstrated to have significance under this section, or is critical to the preservation of a place of such significance;

(9)

Two or more places, smaller than a district, which possess a significant common relation or heritage, including those which individually may not qualify for designation but would do so when taken together.

(Ord. No. 2063, § 8, 10-12-2017; Ord. 1813, § 4, 2008; Ord. 1595, §§ 6—8, 2002; Ord. 1261, § 1, 195; Ord. 940, § 1(part), 1983; Ord. 918, § 1(part), 1983)

(1)

Landmark property. Land owners may voluntarily opt for greater recognition and regulatory control over their properties, by applying for landmark property status. In addition to the requirement to meet the eligibility standards for designation of historic sites or districts contained in section 18.58.025, sites proposed for landmark property designation shall also be required to meet all of the standards contained in this section. Failure to meet any of the below standards shall result in a finding of non-eligibility for landmark property designation.

(a)

Structures proposed as landmark properties in the city should typically have been constructed no later than 1920.

(b)

Sites and structures proposed as landmark properties in the city must be deemed eligible for inclusion on the National Register of Historic Places by the Colorado Historic Society.

(2)

[City's authority to deny demolition.] Approval by the city of a land owner's request for landmark property status permits the city to deny a demolition permit unless the property is damaged in excess of 50 percent of the most recent Jefferson County Assessor's opinion of the market value of the improvements by earthquake, flood, wind, explosion, or fire and to deny alterations not in conformance with board recommendations on certificate of appropriateness reviews.

(3)

Structures of merit. Separate from the foregoing levels of historic designation, the board may, on its own recognizance, designate structures of merit. This nonregulatory designation for historic places, with or without the owner's consent, is used to promote preservation awareness. The designation of a structure of merit is meant to encourage but not bind an owner to historical preservation, therefore, certificates of appropriateness are not required before an owner may modify such a property. Structures of merit identified by the board before June 4, 2008, are considered to enjoy a designation equivalent to those designated afterwards.

(Ord. 1813, § 5, 2008)

(1)

{Application for designation.] Application for historic site designation may be filed by the land owner, or the owner's designee, of the property for which historic site designation is requested.

(2)

Staff review. After receipt of the application for a site(s) designation, the staff of the community and economic development department shall determine if the material submitted is sufficiently complete to present the request to the board. If the application submitted does not meet such requirements, the submission shall not be considered a complete application and no further action will be taken until corrections have been made.

(3)

Notice of hearing. The community and economic development department shall notify by first class mail the owners of real properties located within the exterior property lines of the proposed site designation, as listed in the records of the Jefferson County Assessor, at least 12 days prior to the board hearing. Signs indicating the proposed action and the time, date, and place of the hearing shall be posted by staff for a period of not less than 12 days immediately preceding the hearing on all sites proposed for designation for preservation. Such signs will be prominently displayed and easily readable from abutting public ways.

(4)

Hearing. A quorum of the board must be present to conduct the hearing. If the quorum is not present, the hearing shall be continued and rescheduled. A hearing may be continued if the time, date and place shall be established and announced to those present when the current session is adjourned. When a hearing is rescheduled due to a lack of quorum, the posting of signs as described in subsection (3) above shall be required to provide full notice of such rescheduled hearings.

(a)

Reasonable opportunity shall be provided for all interested parties to express their opinions regarding the proposed designation or designations. However, nothing contained herein shall be construed to prevent the board from establishing reasonable rules to govern proceedings of the hearings, or from establishing reasonable limits on the length of individual presentations.

(b)

Any person speaking before the board at a hearing shall be required to provide their name and address, the organization or person or persons they represent, if any; whether or not they are owner or holder of some interest in an affected property, or represent such owner or holder, and a summary of the relevant portions of each statement and all written presentations shall be incorporated into the record of the hearing.

(c)

The board shall review the proposed designation with respect to:

1.

The criteria in section 18.58.025.

2.

The effect of the designation upon the surrounding neighborhood, and

3.

Historic preservation and such other planning considerations as may be relevant to the proposed designation.

(d)

The board shall require that when an application is considered and voted upon, including site designations, certificates of appropriateness, tax credits or any other matter affecting a privately or publicly held property, the owner or a qualified representative must be present. If neither, a land owner or qualified representative is present, the matter shall be rescheduled for a subsequent meeting, and the posting of signs repeated.

(5)

Findings and recommendations of the board. The board shall act officially on each proposed designation within 30 days of the final hearing thereon. The board may recommend approval, rejection, or modification of any proposal, but no proposal may be extended beyond the boundaries of the land described in the original application unless the hearing procedure is conducted for the enlarged boundaries. The board shall set forth in its records the findings of fact that constitute the basis for its recommendation, and due consideration shall be given to the written or oral views of owners of affected property. If the board fails to act within the 30-day period the designation shall be deemed to have been recommended by the board for denial and the designation procedure shall be referred to the city council.

(6)

Transmittal to city council. The board's recommendation on the designation for preservation shall be transmitted to city council, including the description of the property involved, and the findings upon which the recommendation was based.

(7)

Action by city council. Upon receipt of the recommendations transmitted by the board, the council may, by ordinance, designate the site for preservation, decline to make such designations, or refer the recommendations back to the board for additional information. The council shall give due consideration to the written and oral views of owners of affected property and, shall hold a public hearing on any proposed designation. The council is required to act on the designation within 30 days of the close of the public hearing, unless the city council tables the request for additional information or discussion.

(8)

Recording of designation. Following adoption of an ordinance designating property as a site for preservation, a copy of the ordinance shall be recorded with Jefferson County.

(9)

Procedure to amend or rescind designation of site for preservation. A site designated for preservation may be amended or rescinded in the same manner as the original designation was made.

(Ord. No. 2063, § 9, 10-12-2017; Ord. 1813, § 6, 2008; Ord. 1595, § 9, 2002)

(1)

Initiation of procedures. The jurisdictional requirements for formation of a district shall require that a majority of the land owners within the proposed district subscribe to a written petition requesting formation of the district. These petitioning requirements are jurisdictional and a designation proceeding shall not proceed without the petitioning requirements being met. Whenever, in the opinion of the board, a district petitioning requirement has been met, and the district generally meets the criteria for preservation, as defined in section 18.58.025, the board may proceed by officially adopting a resolution:

(a)

Stating that a preliminary investigation by the board indicates that the described district is eligible for designation for preservation;

(b)

Stating that boundaries contained in the petition reasonably portray historic integrity of area seeking designation as a district.

(c)

Scheduling a public hearing by the board on the question of designation, hereinafter called a designation hearing, at a specific time, date, and place; and

(d)

Directing that the notice of the hearing be given as described in subsection 18.58.040(2).

(2)

Notice of hearing.

(a)

Notice of the district designation hearing shall be given as follows: Written notice of the time, date, place and subject of the hearing shall be sent by the community and economic development department by first class mail to the owners of real properties located within the exterior property lines of the proposed district designation, as listed in the records of the Jefferson County Assessor, at least 12 days prior to the board hearing.

(b)

Signs indicating the proposed action and the time, date, and place of the hearing shall be posted by staff for a period of not less than 12 days immediately preceding the hearing on all districts proposed for designation for preservation. Such signs will be prominently displayed and easily readable from abutting public ways.

(c)

A legal notice indicating the nature of the hearing, the property involved, and the time, date and place of the scheduled public hearing, shall be published once in the official newspaper of the city not less than seven days prior to the hearing.

(3)

Hearing. A quorum of the board must be present to conduct the hearing. If the quorum is not present, the hearing shall be continued and rescheduled. A hearing may be continued if the time, date and place shall be established and announced to those present when the current session is adjourned.

(a)

Reasonable opportunity shall be provided for all interested parties to express their opinions regarding the proposed designation. However, nothing contained herein shall be construed to prevent the board from establishing reasonable rules to govern proceedings of the hearings, or from establishing reasonable limits on the length of individual presentations.

(b)

Any person speaking before the board at a hearing shall be required to provide their name and address, the organization or person or persons they represent, if any; whether or not they are owner or holder of some interest in an affected property, or represent such owner or holder, and a summary of the relevant portions of each statement and all written presentations shall be incorporated into the record of the hearing.

(c)

The board shall review the proposed district with respect to:

1.

The criteria in section 18.58.02;

2.

Its relationship to the city's comprehensive plan and other adopted planning documents;

3.

The effect of the designation upon the surrounding neighborhood; and

4.

Historic preservation and such other planning considerations as may be relevant to the proposed designation.

(4)

Findings and recommendations of the board. The board shall act officially on each proposed designation within 30 days of the final hearing thereon. The board may recommend approval, rejection, or modification of any proposal to city council, but no proposal may be extended beyond the boundaries of the land described in the original application unless the initiation and hearing procedure is conducted for the enlarged boundaries. The board shall set forth in its records the findings of fact which constitute the basis for its decisions, and due consideration shall be given to the written or oral views of owners of affected property. If the board fails to act within the 30-day period the designation shall be deemed to have been denied by the board and the designation procedure shall be referred to the city council.

(5)

Transmittal to city council. After reaching its decision, the board shall transmit to the city council, the board's recommendation on the designation for preservation, including the description of the property involved, and the findings upon which the recommendation was based. In no event may any property be added to the area described in the initiation resolution without instituting a new designation procedure.

(6)

Action by city council. Upon receipt of the recommendations transmitted by the board, the council may, by ordinance, designate a district for preservation, decline to make such designations, or refer the recommendations back to the board for additional information. The council shall give due consideration to the written and oral views of owners of affected property and shall hold a public hearing on any proposed designation. The council is required to act on the designation within 30 days of the close of the public hearing, unless the city council tables the request for additional information or discussion.

(7)

Recording of designation. Following adoption of an ordinance designating the district for preservation, a copy of the ordinance shall be recorded with Jefferson County. A copy of the ordinance of historic designation will also be mailed to the Colorado Historical Society.

(8)

Notification. After approval of the ordinance by city council, notification shall be sent to the property owners in the district, by first class mail by the community and economic development department, including a letter outlining the reasons for such designation and the obligations or restrictions created by such district designation.

(9)

Procedure to amend or rescind designation of a district. A district designated for preservation may be amended or rescinded in the same manner as the original designation was made.

(10)

[Additional requests.] Subsequent requests for individual property inclusions into or exclusions from a district may be requested according to the procedures in section 18.58.035 pertaining to individual sites.

(11)

Procedure to change contributing status for properties within a district. The board may, based upon competent evidence presented at a regular or special meeting, change the status of a structure or property within a district to reflect that such property has gained or lost the right to be considered a contributing property to the district. Such board designation as contributing or non-contributing shall be applied in all proceedings related to the site or district.

(Ord. 1813, § 7, 2008; Ord. 1595, § 10, 2002; Ord. 1261, § 2, 1995; Ord. 940, § 1(part), 1983; Ord. 918, § 1(part), 1983)

Editor's note— Sec. 1 of Ord. No. 2063, adopted Oct. 12, 2017, repealed section 18.58.050, which pertained to the historic preservation board, and derived from Ord. 918, 1983; Ord. 940, 1983; Ord. 1015, 1983; Ord. 1085, 1990; Ord. 1595, 2002; Ord. 1813, 2008; and Ord. 1959, 2013. User is directed to chapter 2.54 for provisions concerning the historic preservation board.

(1)

(a)

Except for demolition work that is addressed in section 18.58.075, no person shall carry or cause to be carried out on a designated historic site or district, or any structure 50 years or older in age and zoned for or used for nonresidential purposes, any work, as defined in section 18.58.020, nor shall any person make any material change in the external appearance of an existing historical site or district without a certificate of appropriateness review by the board, nor shall a building permit be issued for any such work without a certificate of appropriateness review.

(b)

No person shall carry or cause to be carried out any full or partial exterior demolition of a structure on any property for which an application for designation as a historic site or district is pending without a certificate of appropriateness review, nor shall a building permit be issued for such demolition work without a certificate of appropriateness review.

(2)

It is the intent of a certificate of appropriateness review to encourage work on any of the structures or properties described in subsection 18.58.060(1) to be within the spirit and intent of this chapter; however, the board shall have only the power of review but may recommend changes to the work plan submitted, except for landmark properties where a land owner's request for landmark property status acknowledges the city's power to deny a demolition permit, if warranted by the criteria herein, unless the property is damaged in excess of 50 percent of the most recent Jefferson County Assessor's opinion of market value of the improvements by earthquake, flood, wind, explosion, or fire, and to deny alterations not in conformance with the board's criteria on certificate of appropriateness reviews.

(3)

In conducting the certificate of appropriateness review the board shall evaluate among other things, within the purposes of this chapter, the historic, geographic and architectural value of the structure, the texture and material of the building or structure or its appurtenant fixtures, and the relationship of such features on surrounding structures within the site or district and the position of each such building or structure in relation to the street or public way or to other buildings and structures. It is not the intent of this chapter to limit new construction to any one period or style, but to preserve the integrity of historic buildings and to insure the compatibility of any new work with existing sites. Harmony or compatibility should be evaluated in terms of the appropriateness of materials, scale, size, height, design, placement and use of any building or structure in relationship to existing buildings and structures and to the setting thereof.

(4)

The board is granted the authority to promulgate guidelines not inconsistent with this section or this chapter creating more specific architectural review standards or criteria, and upon approval by the city council of the same, these guidelines shall also be considered as part of the board's certificate of appropriateness review of any work. Pursuant to such authority, the board has created a set of consolidated historic design guidelines for use in all residential historic districts within the city.

(5)

In addition to the criteria prescribed in this section, the board may also evaluate any work as to conformance with standards of the U.S. Department of the Interior for the Treatment of Historic Properties and the design guidelines for historic districts or sites.

(Ord. 1927, § 1, 2012; Ord. 1813, § 9, 2008; Ord. 1595, § 17, 2002; Ord. 1105, §§ 1, 2, 1991; Ord. 940, § 1(part), 1983; Ord. 918, § 1(part), 1983)

Any person or parties desiring to perform work, as defined in section 18.58.020, on any property as set forth in subsection 18.58.060(1) of this chapter shall apply to the historic preservation board for a certificate of appropriateness review as follows:

(1)

Application submittal. The application for certificate of appropriateness shall be filed on a form provided by the city and submitted to the community and economic development department not less than 21 days prior to the historic preservation board meeting at which said application will be considered. The application may be submitted in conjunction with an application for a building permit and in no case should any work, as prescribed in this chapter, commence until there is final action on the application by the historic preservation board. The application must include site plan, working drawings, specifications, scale drawings, photographs and/or other information as may be required to enable an intelligent understanding of the proposed work. The degree of detail required will vary with the nature, extent, and type of work proposed.

(2)

Application review. Upon receipt of the application, the community and economic development department shall post the site with a sign for a period beginning not less than seven days prior the historic preservation board hearing date. The sign shall contain the name of the applicant, site description or street address of the property, a statement on the nature of the request and the time and place of the hearing.

(3)

The board shall conduct the certificate of appropriateness review at a regular meeting of the board. The board shall review the materials submitted by the applicant, the comments from city staff, and any testimony from interested parties. The board shall evaluate the work proposed for the site or structure according to the criteria in section 18.58.060, and make recommendations and suggestions regarding the project. The board shall have the power to deny alteration of a landmark property where the landowner does not agree to changes to the scope of the project recommended pursuant to adopted standards and guidelines for such properties.

(4)

Following the completion of the board's discussions and evaluation of the proposed work, the board will, by board resolution, record the recommendations made, and actions taken regarding the proposed work, and will specify any commitments made to the board by the applicant as a part of the certificate of appropriateness review. Such commitments made by the applicant on the record as a part of the certificate of appropriateness review will be transmitted to the city building official, and will become conditions of the building permit for the proposed work, unless such conditions are revised by means of a future certificate of appropriateness review. Except as provided in subsection 18.58.075(2), if work, has not commenced regarding a proposal submitted to the board for certificate of appropriateness review within one year of the final board action on the request, the certificate of appropriateness review shall be deemed to be null and void, and the person or parties desiring to perform the work will be required to re-apply for a new certificate of appropriateness review. For purposes of this subsection, final board action shall be deemed to be the date of the board resolution described in this subsection.

(5)

Nothing in this chapter shall be construed to prevent the ordinary maintenance of any exterior elements of any building or structure designated as historic or within a designated historic district or site.

Ordinary maintenance is any work where the purpose and affect of such work is to correct deterioration or decay and if it does not effect a significant change in the external appearance of the structure.

(Ord. 1927, §§ 2, 3, 2012; Ord. 1840, § 1, 2009; Ord. 1813, § 10, 2008; Ord. 1595, §§ 17—22, 2002; Ord. 1261, § 4, 1995; Ord. 1105, § 3, 1991; Ord. 940, § 1(part), 1983; Ord. 918, § 1(part), 1983)

(1)

Upon receipt of the application and attachments for work which involves full or partial exterior demolition, the board will determine the adequacy of the materials and evaluate the work as set forth in other portions of this chapter, including section 18.58.030. The certificate of appropriateness review will be completed within 30 days following evaluation of a complete application by the board. Inability of the board to complete the review within this time shall be deemed an approval except that the board may continue an application for an additional 30 days for good cause and upon written notice to the applicant. If the board finds that a proposed demolition is not in keeping with the criteria established in sections 18.58.030 and 18.58.060 the board may further continue the case to a date no later than 180 days from the date of submittal and receipt of the application by the board. The applicant and the building official shall be provided with written notification of such continuance. Within that period of continuance the board shall act with due diligence to study alternative means of preserving the structure from demolition. These studies shall involve contact with the applicant for the permit for demolition and shall include but not be limited to:

(a)

Feasibility of plan modification to preserve the structure;

(b)

Feasibility of alternative uses of the structure which would preserve the structure;

(c)

Feasibility of the public acquisition of the structure for preservation.

If the board is unsuccessful in developing an alternative plan or use for the affected structure, it shall so notify the building official in writing. If within 180 days from the filing of the original application the board has not submitted such notification to the building official, it shall be deemed that the board has waived its right to further review. Upon receipt of such notification or upon the passage of the 180 days period the permit for demolition shall not be withheld by reason of this section. Notwithstanding the foregoing, the board shall have the power to deny demolition of a landmark property, if warranted by the criteria herein, unless the property is damaged in excess of 50 percent of the most recent Jefferson County Assessor's opinion of market value of the improvements by earthquake, flood, wind, explosion, or fire.

(2)

If work has not commenced on a demolition proposal submitted to the board for certificate of appropriateness review within 180 days of the final board action on the request, the certificate of appropriateness review shall be deemed to be null and void, and the person or parties desiring to perform the demolition will be required to re-apply for a new certificate of appropriateness review. For purposes of this subsection, final board action shall be defined as the date of board approval of a certificate of appropriateness, or the expiration of any continuance imposed by the board, or the date of city council's decision on appeal overturning a board-imposed continuance. Notwithstanding the foregoing, an additional 180-day extension shall be granted by the director of community and economic development, upon submittal by those desiring to perform the demolition of a written request and project update related to the demolition, prior to expiration of the initial 180-day period.

(Ord. 1840, § 2, 2009; Ord. 1813, § 11, 2008; Ord. 1595, § 23, 2002)

Any person aggrieved by a decision of the board may, within 15 days thereafter, apply to the council of the city for review of the board's decision. The aggrieved party shall file with the city manager a written notice requesting the council to review said decision.

(Ord. 1595, § 24, 2002; Ord. 940, § 1(part), 1183; Ord. 918, § 1(part), 1983)

The director of community and economic development shall not act on any variance or exception pursuant to chapter pertaining to designated historic sites or property within historic districts without first consulting and obtaining the written report of the board.

(Ord. 1813, § 12, 2008; Ord. 1595, § 25, 2002; Ord. 1010, § 9, 1986)

In any case where the building/zone official, fire department or any other duly authorized officer or agency of the city shall order or direct the construction, reconstruction, remodeling, repair, or demolition of any improvement or any other necessary action to a structure, combination of structures, site or area which otherwise requires action under this chapter for the purpose of remedying conditions determined by said agencies to be immediately dangerous to life, health or property, nothing contained in this chapter shall be construed as making it a violation of this chapter for any person to comply with such order or directive without receipt of a statement from the board. Any such department, agency or officer shall give the board as early notice as practicable of the proposed or actual issuance of any such order or directive.

(Ord. 1105, § 4, 1991; Ord. 940, § 1(part), 1983; Ord. 918, § 1(part), 1983)

If an economic incentive, as provided in chapter 18.60 of the Code, is requested from the city regarding a structure that is more than 50 years, old for exterior work to the building, the board shall be consulted in evaluating and setting the terms of the incentive. The board shall evaluate any alteration to properties under such consideration for an incentive, for conformance to the standards and criteria of this ordinance and the U.S. Department of Interior as set forth in subsection 18.58.060(5).

(Ord. 1813, § 13, 2008)

(1)

It shall be the duty of the director of community and economic development or his delegate to administer and enforce the provisions of this chapter.

(2)

The director of community and economic development or his authorized delegate may serve a written order requiring the correction of any violation of this chapter, on the owner, agent or tenant of the building or premises or upon architect, builder, contractor or other person who commits or assists in any such violation.

(Ord. 1595, § 26, 2002; Ord. 1092, § 27, 1990; Ord. 940, § 1(part), 1983; Ord. 918, § 1(part), 1983)