Lamar City Zoning Code

(a)

The historic preservation advisory board as established in chapter 2, section 2-360 is responsible for the administration of article created, to be known as the City of Lamar Historic Preservation Advisory Board (the board), which shall have principal responsibility for matters of historic preservation as set forth in [this] article.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

(a)

The purpose of this article is to promote the city's public health, safety and welfare through:

(1)

The protection and preservation of the historic and cultural heritage of the city by providing for the designation of historic buildings, landmarks, sites and districts (collectively referred to hereinafter as historic sites) in accordance with this article;

(2)

The enhancement of property values and the stabilization of historic neighborhoods, sites of historical events and the like;

(3)

The establishment of the city's historic register listing of historic properties and historic districts;

(4)

The cultivation of civic pride in the art, architecture, and accomplishments of the past;

(5)

The encouragement of continued private ownership and utilization of such historic properties or historic districts now so owned and used;

(6)

The promotion of thoughtful community planning and design;

(7)

The increase of economic and financial benefits as a result of the attraction of tourists and visitors to the city; and

(8)

The provisions of educational opportunities to increase public appreciation of the city's unique heritage.

(b)

Intent. The intent of this division is to create a reasonable balance between private property rights and the public interest in preserving the city's unique historic character through the designation of buildings, structures, sites, objects, and districts for preservation.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

Definitions. For purposes of this division, the following terms are to be defined as follows:

Alteration or alter means any act or process that changes one or more of the exterior architectural or landscape features of a building, structure, site, object or district.

Applicant means person or persons submitting nomination or alteration paperwork.

Board means the historic preservation advisory board established in chapter 2, section 2-360 of the Municipal Code.

Building means a shelter or enclosure constructed for persons or commercial business.

Building code means the building code adopted and enforced by the city.

Building official means the officer or other designated authority charged with the administration and enforcement of the building code, or that person's authorized representative.

City means the City of Lamar.

City council means the mayor and/or city council of the city.

City's historic register means the register established pursuant to section 2-300 of this division.

Colorado State Register of Historic Properties means the official listing of state-designated cultural resources.

Construction or construct means the act of erecting an addition to an existing building, structure, or object or the erection of a new principal or accessory building, structure, or object on a lot of the property.

Contributing property means a building, structure, site, or object that reflects the historic or architectural character within a historic district.

Demolition or demolish means any act or process that destroys in part or in whole a building, structure, object or site.

Demolition by neglect means neglect in maintenance, repair or security of a site, building or structure, resulting in any of the following conditions:

(1)

The deterioration of exterior walls or other vertical supports or a portion thereof;

(2)

The deterioration of roofs or other horizontal members;

(3)

The deterioration of exterior chimneys;

(4)

The deterioration of exterior plaster or mortar;

(5)

The ineffective weatherproofing of exterior walls, roofs and foundations, including broken windows and doors; or

(6)

The serious deterioration of any documented exterior architectural feature or significant landscape feature which, in the judgment of the commission, produces a detrimental effect upon the character of the district.

Design guidelines means a standard of appropriate activity that will preserve the historic and architectural character of a historic property, property, or historic district.

Director means the Lamar community development [director] or their designee.

Emergency means an unexpected and sudden event that must be dealt with urgently in order to stabilize or protect a structure.

Historic district means a geographically definable area with a concentration of buildings, structures, sites, spaces or objects unified by past events, physical development, design, setting, materials, quality, sense of cohesiveness or related historical and aesthetic associations, that is recognized through listing in a local, state or national landmarks register.

Historic property means a building, structure, site, or object which is designated by the city council pursuant to this division.

Historic significance means the meaning or value ascribed to a building, structure, object, site or district based on criteria for evaluation as defined by section 2-362 of this division.

Historic site means the location of a significant event; a prehistoric or historic occupation or activity; or a building, structure, or object, whether standing or vanished, where the location itself maintains historic or archaeological value regardless of the value of any existing building, structure, or object.

Integrity means the ability of a property to convey its historic period of significance through its physical features.

Major alteration means a modification to a structure that has the potential to significantly alter the character of the property and includes, but is not limited to, window replacement; building addition; porch enclosure; reconstruction of a portion of the primary building; addition of dormers or other alteration to the roofline; reconstruction of features on a building; material replacement with a different material (e.g., siding); alteration or replacement of a character-defining feature; demolition; relocation; and new construction. Major alteration includes any modification that is not considered maintenance or a minor alteration.

Minor alteration, for the purposes of this article, means a modification to a structure that does not significantly alter the character of the property and includes, but is not limited to, replacement of roof; installation and repair or replacement of gutters if exterior trim elements are not altered; reconstruction and/or repair of portions of secondary structures; addition or replacement of storm windows and doors to existing windows and doors; repair or replacement of architectural elements with the same material, design, size, color and texture; replacement of less than 50 percent of a porch railing; replacement of original material with the same material (e.g., replacing a portion of wood siding with wood siding of the same size, profile and type); removal of nonoriginal material, such as vinyl, aluminum, etc.; adding awnings; repainting masonry; and signs requiring a permit.

National Register of Historic Places means the list of significant buildings, structures, sites, objects, or districts in American History, architecture, archaeology, engineering, or culture maintained by the U.S. Secretary of the Interior.

Non-contributing property means a building, structure, object, or site that does not reflect the historic or architectural character within a historic district because of age or lack of integrity.

Object means a material item of functional, aesthetic, cultural, historical, or scientific value that may be, by nature or design, movable yet related to a specific setting or environment.

Owner means the person, corporation, government, or other legal entity who owns or who has any legal or equitable interest in property and who is so listed as owner on the records of the county assessor's office.

Property means a building, structure, site, or object, including all real and personal property.

Relocation and relocate means moving a building, structure, site, or object to a different location, either temporarily or permanently.

Secretary means the secretary of the historic preservation advisory board.

Secretary of the Interior's standards for the treatment of historic properties means the preservation, rehabilitation, restoration, and reconstruction standards adopted by the U.S. Department of the Interior.

Section 106 review means process required of federal agencies under 54 U.S.C. 306108 to consult local governments and other parties in consideration of the effects of projects carried out, permitted, licensed, or funded by that agency on properties listed in the National Register of Historic Places.

Stabilization means the act or process of applying measures designed to re-establish a weather-resistant enclosure and the structural stability of an unsafe or deteriorated cultural resource while maintaining the essential form as it exists at present.

Structure means a construction for purposes other than shelter for humans, animals, or chattel (such as road, bridge, canal, or fence).

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

(a)

Applicability. This section applies to the following properties:

(1)

Individually designated properties are subject to the most current version of the historic preservation general design review guidelines.

(2)

Individually designated properties contributing to a Lamar historic district are subject first to the district designation plan, then to the historic preservation general design review guidelines.

(3)

Undesignated properties contributing to a Lamar historic district are subject to the district designation plan.

(4)

Undesignated structures or buildings that are 50 years or older are subject to an administrative review for potential historic significance.

(5)

Noncontributing properties located in a historic district are subject to portions of the district designation plan applicable to noncontributing properties, unless specifically excluded under the plan.

(6)

All pertinent municipal zoning and building codes are applicable for all properties.

(b)

Administrative review of undesignated properties. When application for a permit is made with the city that would make significant alterations to the streetscape view of the exterior of or demolition of any structure or building that in a historic district and is 50 years or older at the time of such request, the application shall be forwarded to and reviewed by the director.

(1)

Significant alterations shall include:

a.

Siding: including new stucco or similar exterior material applied over original or other existing siding materials, including wood, metal or brick exterior; removal of all or a portion of the original or existing siding and replaced with new siding.

b.

Fenestration: window or door openings enlarged or reduced.

c.

Roof: changes of roofline or structure.

d.

Porches: changes to porch visible from streetscape.

e.

Additions.

f.

Accessory structures and fencing.

g.

Any building modification as viewed from any public street.

(2)

Non-significant alterations shall be excluded from review by the director. Non-significant alterations shall include:

a.

Fenestration: replacement of windows or doors in original openings.

b.

Roof: new shingles or deck without changing original roofline.

c.

Patios: additions of back patios or decks.

d.

Landscaping.

e.

Signs.

(3)

In consultation with the building official, the director shall have ten business days to review and comment on applications with major alterations. The ten business days shall commence on the day the permit application is submitted to the building department. Should ten business days expire without written comment from the director, then the director shall not be allowed to comment on the permit.

a.

The director shall review the property and, if necessary, research the historical significance of the building for which a permit has been applied.

b.

If the director determines that a building currently holds no historical, architectural and/or geographical significance, then a notice shall be placed with the permit that will be issued through the building department.

c.

If the director determines that potential significance exists, the director shall make the information available to the groups named in section 2.362.d.2.

d.

The director shall issue comments and/or suggestions to the building department. These comments shall recognize the historical, architectural and/or geographical significance or lack thereof concerning the building for which a permit has been requested. The director may also make suggestions of ways to make the changes more compatible or acceptable with the age or type of the structure.

(4)

Whenever an application for development includes significant alterations or demolition and is required to go through the community development department review according to this section, the department will use its best efforts to inform the applicant of the ramifications that this section will have on the application.

(5)

If a building must be demolished because it poses a threat to the health, safety or welfare of the citizens of the city, this section shall not apply.

(c)

Criteria for designation.

(1)

Criteria for individual, owner-nominated properties. A property shall be eligible for designation for historic preservation and eligible for economic incentives if it meets one or more criteria in one or more of the following categories:

a.

Historical significance. The site, building 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.

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 property:

1.

Characterizes an architectural style or type associated with a particular era and/or ethnic group.

2.

Is identified with a particular architect, master builder or craftsman.

3.

Is architecturally unique or innovative.

4.

Has a strong or unique relationship to other areas potentially eligible for preservation because of architectural significance.

5.

Has visual symbolic meaning or appeal for the community.

c.

Geographical significance. The property:

1.

Has proximity and a strong connection or link to an area, site, structure or object significant in the history or development of the city, state or nation.

2.

Is a visual feature identifying an area or neighborhood or consists of buildings, homes, replicas, structures, objects, properties, parks, land features, trees and sites historically or geographically associated with an area.

(2)

Criteria for individual, non-owner-nominated properties. In addition to meeting criteria requirements in section 30-303(a), non-owner nominations shall be reviewed under stricter protections. The nominated property must demonstrate that it possesses the characteristics of compelling historic importance to the entire community, including at least one of the following criteria:

a.

Unusual or uncommon significance that the structure's potential demolition or major alteration would diminish the character and sense of place in the community of Lamar; or

b.

Superior or outstanding examples of architectural, historical or geographical significance criteria outlined in the criteria for designation in this section. The term "superior" shall mean excellence of its kind, and the term "outstanding" shall mean marked by eminence and distinction.

(3)

Criteria for district designation. A district shall be designated if the city council determines that the proposed district meets the definition of a historic district pursuant to this section and meets one or more of the following criteria:

a.

Is an area which exemplifies or reflects the particular cultural, political, economic or social history of the community.

b.

Is an area identified with historical personages or groups or which represents important events in national, state or local history.

c.

Is an area which embodies distinguishing characteristics of an architectural type or style inherently valuable for the study of a period, method of construction or indigenous materials of craftsmanship.

d.

Is an area which is representative of the notable work of a master builder, designer or architect whose individual ability has been recognized.

e.

Is an area which, due to its unique location or singular characteristics, represents established and familiar visual features of the neighborhood, community or city.

(4)

Integrity criteria. All properties and districts shall be evaluated for their physical integrity using the following criteria, as defined by the National Park Service in the current version of the publication "How to Apply the National Register Criteria for Evaluation":

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 physical environment of a historic property.

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.

Quality/skill—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.

(d)

Designation. A property or district may only be nominated once in any 12-month period, unless such nomination is uncontested. Submittal of an incomplete application will result in a delay in the nomination and public hearing process. The following provisions shall apply to the nomination of individual properties and districts:

(1)

Owner nominations. Any owner may nominate such owner's area, building, house, replica, structure, object, property, park, land feature, tree and site for designation on the local register, subject to the following procedures:

a.

Submittal requirements. The owner shall submit a complete application, as determined by historic preservation staff. A complete nomination application will include:

1.

Nomination form with ownership information, including address of record, signatures of all owners of record or legally authorized representative of the owner, legal description or indication of an attached legal description.

2.

Historic building inventory form, with the following required minimum information completed: nominated property address, owner, mailing address, phone number, legal description, historic use, present use, date of construction (estimate), original owner (if possible) and significance (determined in consultation with the director if necessary).

3.

Current photos of the front and sides of the property, and of the rear to the extent possible. If the photos are digital, they should be at least 300 dpi. All photos should be provided with a photo log indicating the name of the photographer, date of the photo, view (front, rear, yard, etc.), direction (looking north, etc.) and the address of the subject property.

4.

Application fee, payable to the City of Lamar. The fee may be waived under certain circumstances. If the owner has a financial hardship, the owner may submit a request for a reduction or waiver of the nomination fee, explaining the need for the waiver or reduction. The director shall make determinations on fee waiver requests.

b.

Public hearing procedure.

1.

Quorum required. At least three members of the board must be present at a hearing in order to establish a quorum. If a quorum is missing due to attendance, then the chair of the board may set a new date for a special hearing, or the matters scheduled for that hearing shall be heard on the next regularly scheduled hearing date. If a quorum is missing due to a conflict of interest, then an alternate board member shall be used.

2.

The hearing shall be electronically recorded and minutes prepared. Hearings shall be of ample length to allow all concerned persons to address the board.

3.

Board action/decision. After the board has heard all interested parties and relevant evidence, the board may recommend the designation for approval if it casts votes in favor of historic designation by a two-thirds majority of the quorum present.

4.

The city council will consider the application and board's recommendation for approval.

(2)

Non-owner nominations. The planning and zoning commission, Lamar Redevelopment Authority, Main Street Lamar, or any legally recognized preservation organization, including nonprofit historic preservation groups, may nominate an area, building, house, replica, structure, object, property, park, land feature, tree or site for designation on the local register, subject the following procedures:

A.

Submittal requirements. All paperwork for the application must be completed pursuant to the rules of the board. A complete nomination application will include:

1.

Nomination form, with ownership information including address of record, signature of an authorized official of the applicant organization and legal description or indication of attached legal description.

2.

Historic building inventory form, with the following required minimum information completed: nominated property address, owner, mailing address, phone number, legal description, historic use, present use, date of construction (estimate), original owner (if possible), significance (determined in consultation with the director if necessary) and a detailed statement on how the nominated property possesses the characteristics of compelling historic importance to the community.

3.

Current photos of the front and sides of the property, and of the rear to the extent possible. If the photos are digital, they should be at least 300 dpi. All photos should be provided with a photo log indicating the date of the photo, view (front, rear, yard, etc.), direction (looking north, etc.) and the address of the subject property.

4.

Copy of a legally recorded document containing the legal description of the property. This could be an abstract of title, warranty deed, quit claim deed, etc., which may be obtained from the county clerk and recorder.

5. Application fee established pursuant to section 30-11, payable to the City of Lamar.

b.

Public hearing procedure.

1.

Quorum required. At least three members of the board must be present at a hearing to establish a quorum. If a quorum is missing due to attendance, then the chair of the board may set a new date for a special hearing, or the matters scheduled for that hearing shall be heard on the next regularly scheduled hearing date. If a quorum is missing due to conflicts of interest, then alternative board members shall be used.

2.

The hearing shall be electronically recorded and minutes prepared. Hearings shall be of ample length to allow all concerned persons to address the board.

3.

Board action/decision. Board members may recommend in favor of historic designation for approval of non-owner-nominated properties if three votes are cast in favor of such recommendation, subject to approval by the city council under this section.

4.

City council action on non-owner nominations. Within 30 days of the board decision, city council shall hold a public hearing and consider all relevant evidence. The council shall vote and render a decision to affirm, deny or modify the designation with a vote of the simple majority. The council decision constitutes final agency action.

(3)

Historic districts. Two or more individuals may nominate a district within which they own property.

a.

Submittal requirements. All paperwork for the application must be completed pursuant to the rules of the board. A complete nomination application will include:

1.

The complete nomination form with original signatures of all applicants. In the case of absentee owners as applicants, original signed statements will meet this requirement.

2.

Completed historic building inventory form for district properties for all properties within the nominated area. The following fields must be completed: address, legal description, owner name and address, style, materials, stories, other historic designation and designating authority, historic use, present use, date of construction, condition, original owner, associated buildings, architectural description, proposed status and the name, address, phone number and signature of the person or group who completed the inventory form.

3.

Current digital photos of the front of each property and streetscape photos of each block. The photos should be at least 300 dpi and be provided with a photo log indicating the date of the photo, view (front, rear, yard, etc.), direction (looking north, etc.), and the address of the subject property.

4.

List of owners, mailing addresses, district property address and legal description of each property. This item may be supplemented or modified during the nomination process prior to the designation hearing.

5.

Proposed status of all properties as contributing or noncontributing. The applicants should consult with the director in making these proposed determinations. This item may be supplemented or modified during the nomination process prior to the designation hearing.

6.

Application fee, payable to the City of Lamar.

7.

District designation plan, developed in accordance with the requirements in this section. The applicant must submit two unbound copies and an electronic version contained in a PDF file and a Word or other editable file.

8.

Historic context statement.

9.

Statement of significance, including a detailed explanation of how the proposed district meets one or more criteria in section 30-303(c)(1) above and how it meets the definition of historic district, as defined in section 30-303(c)(3).

10.

Petition with signatures of property owners within the district showing support of the nomination. Support of the nomination for a historic district requires the following:

i.

The petition shall contain no less than 20 percent of the number of properties or lots within the proposed area, whichever is less.

ii.

Each property or lot shall only be represented by one signature. Properties held in any type of joint ownership do not get split votes.

iii.

The petition shall be considered final for purposes of accounting for the 20 percent at the time of submission to the city.

b.

District designation plan. Owners of properties being nominated as part of a district must develop a district designation plan. The plan shall address all properties: contributing, noncontributing, and properties individually listed on the city's historic register. If a provision of the district designation plan conflicts with this section, then the district designation plan approved by the city council shall prevail unless doing so would negatively affect the city's certification standing regarding historic preservation. Requirements under the plan will be drafted by the applicant, reviewed by the director and considered by the board. The board shall forward a recommendation for the plan with the district application to the city council, which shall render the final designation decision.

c.

Neighborhood meeting. If the nomination is for designation of a historic district, a neighborhood meeting shall be held to describe the proposed designation. All owners of property within the proposed district boundaries will be notified by first-class mail of the time, date and location.

d.

Owner vote. After the neighborhood meeting but prior to the board's designation hearing, a vote by property owners of the nominated district shall be cast to ascertain consent or objection about the proposed designation. The vote shall be done by mail ballot, with one ballot per property as sent by first-class mail by the city clerk's office. The city clerk's office will be responsible for conducting the election of the eligible voters in the proposed historic district. The ballot must be received by the city clerk's office by mail or in person by the date and time specified by the city clerk. Greater than 30 percent of votes cast must be in favor of historic designation or the nomination fails. If greater than 30 percent of cast votes are in favor of the district designation, a public hearing shall be scheduled according to section 30-303(e).

e.

Public hearing procedure.

1.

Quorum required. At least three members of the board must be present at a hearing in order to establish a quorum. If a quorum is missing due to attendance, then the chair of the board may set a new date for a special hearing, or the matters scheduled for that hearing shall be heard on the next regularly scheduled hearing date. If a quorum is missing due to conflicts of interest, then alternative board members shall be used.

2.

The hearing shall be electronically recorded and minutes prepared. Hearings shall be of ample length to allow all concerned persons to address the board.

3.

Board action/decision. Board members may recommend in favor of historic designation for historic districts if three votes are cast in favor of such recommendation, subject to approval by the city council under this section. Owners may appeal the decision pursuant to section 30-303(f).

4.

City council action on historic districts. Within 30 days of the board decision, the city council shall hold a public hearing and consider all relevant evidence. The city council shall vote and render a decision to affirm, deny or modify the designation. The city council decision constitutes final agency action.

(f)

Modification. Modification of a district designation plan will follow the same rules and procedures as for the nomination of a historic district, except no moratorium shall be placed on district properties. Property owners within the district or the board may propose to modify a district designation plan. Proposals to modify a district designation plan shall be reviewed by the board for recommendation to the city council.

(4)

Recording. The certificate of designation shall be recorded with the county clerk and recorder as follows:

a.

Owner-nominated properties shall be recorded within five business days after the 30-day period for appeal pursuant to section 30-19 if no appeal is filed, or within five days after a final city council decision.

b.

Non-owner-nominated properties or historic districts shall be recorded 35 days after approval by the city council pursuant to the procedures set forth in this paragraph.

c.

Recording fees shall be paid by the nominating party.

d.

Within 15 days after recording of the historic designation, the director shall send, via first-class mail or via e-mail, notice to owners outlining reasons for the designation.

(5)

Moratorium.

a.

A potential historic property or district which has been nominated but not yet designated shall be legally protected for 120 days or until its status is determined, whichever is sooner.

b.

Permits to alter or remodel the exterior of a property or to build, relocate or raze shall not be issued during the moratorium, except by written exemption by the board under the following criteria:

1.

As necessary by law under federal or state law or city ordinance;

2.

When deemed to be an emergency;

3.

Due to unreasonable economic hardship, as defined in section 30-302; or

4.

Due to improper nomination.

c.

Owners requesting such exemption may seek an expedited public hearing before the board at the next scheduled board meeting by filing such a request with the director. If the board votes by a two-thirds majority that the property is eligible for exemption, the moratorium or nomination shall be suspended in whole or in part in consideration of the property seeking the waiver.

(6)

Signs. A sign approved by the board may be installed indicating the designation. The board may supply and pay for uniform signs for designated properties, subject to availability of funds. Such signs shall conform to city ordinances governing other signs in the city.

(e)

Notice. Notice of board public hearings shall be as follows:

(1)

Nomination and designation. The director shall send a letter of notification of nomination and public hearing for all Lamar historic register nominations.

a.

For owner-nominated properties, all owners shall receive notice of the nomination and public hearing by first-class mail, sent by the city, by hand delivery or by electronic mail.

b.

All owners of non-owner-nominated properties shall receive notice of the nomination and public hearing by certified mail, return receipt requested, sent by the city.

c.

All owners in a nominated district shall receive notice of the nomination and neighborhood meeting by certified mail, return receipt requested, sent by the city.

d.

The city shall receive notice for city-owned properties by hand delivery or by electronic mail.

e.

Notice shall be postmarked no less than 15 days prior to the hearing and shall reference the following:

1.

Privileges, obligations and restrictions which apply to historic properties or districts.

2.

For individual owner and non-owner nominations, the time, place and date of the board public hearing for designation.

3.

For historic district nominations, such notice shall also include the time, place and date of the district informational neighborhood meeting.

f.

If sufficient ballots voting in favor of district designation are returned from property owners, a district designation hearing shall be scheduled. For notification of the public hearing for historic district nominations, notice shall include the time, date and place of the public hearing, and letters shall be mailed certified mail, return receipt requested, by the city.

g.

The notification letters shall be mailed to the owners at such owners' last known address of record.

(2)

Newspaper notice. The notice of designation hearing shall also be published in a newspaper of local circulation once a week for two weeks prior to the hearing. Newspaper notice shall include the following information:

a.

Street address of the property or a list of addresses or boundaries for properties in a proposed historic district;

b.

Type of application: request for certificate of designation;

c.

Date, time and place of the public hearing; and

d.

Statement that additional information about the request is available at the historic preservation office.

(3)

Sign. A sign of sufficient size to be readily visible by landowners of adjoining property and from a public right-of-way shall be posted in a prominent place on the property no less than 14 days prior to the public hearing. In the case of nominations for a historic district, postings shall occur in the district in a manner clearly visible from public rights-of-way adjacent to the proposed district.

(f)

Appeal.

(1)

Administrative decision. A final decision by the director under this section may be appealed by the applicant to the board.

a.

Appeals to the board shall be filed pursuant to 30-19 to the director a written notice of appeal within 30 days after the applicant has been served with notice of the decision by the director. A determination by the board shall be issued within 30 days.

b.

The decision of the board on appeal shall be final unless the applicant or developer elects to appeal the board decision to the city council.

(2)

Board decision. Decisions of the board are reviewable by the city council.

a.

The findings and determinations of the board may be reviewed, modified, affirmed or reversed by a simple majority vote of the elected members of the city council.

b.

Appeals to the city council shall be filed pursuant to section 30-19.

(g)

Incentives. An owner of a property that has been designated as historic or an owner of a contributing property in a designated historic district may apply for the following economic incentives for modifications or rehabilitation of that property and such additional incentives as may be developed by the board:

(1)

Applicable state and federal tax credits.

(2)

Building permit fee discount. At the discretion of the city council and dependent on funding, a portion of building permit fees may be discounted for applications for projects on individually designated properties and all properties in a Lamar Historic Register designated district, including contributing and noncontributing properties.

(3)

The board shall attempt to identify and implement other economic incentives for historic properties. The director shall notify the owners of historic properties of economic incentive opportunities available.

(4)

The board shall make the determination for each request for state historic preservation income tax credits.

(h)

Alterations to designated property. Owners intending to reconstruct, improve, demolish or in any way significantly alter or change a designated property or a property in a historic district must first submit the owner's plan for review to the appropriate city departments as to compliance with all city codes and ordinances.

(1)

All required building, relocation and/or demolition permits shall be applied for. Permits will not be released without board approval or unless the director determines that the permit should be released due to extenuating or emergency circumstances. The board or director shall not issue a certificate of approval without evidence of permit application, if required. Certificates of approval shall be issued contingent upon the owner and/or applicant obtaining all required permits.

(2)

After consultation with the city's building department and historic preservation office, the owner shall submit a plan for review by the director or board, and a certificate of approval shall be issued to properties that the director or board believes can be altered without diminishing the historic character of the property or district.

(3)

Major alterations.

a.

Application requirements. A complete application for major alterations will contain the following: a signed application, application fee, legal description, narrative, drawings and mockups as necessary, product literature and/or samples as necessary, and digital photos as determined by the city. Projects shall be reviewed in accordance with the criteria and standards for altering properties set forth in this section.

b.

Application and hearing process.

1.

Notification. Upon receipt of a complete application, the director shall schedule a public hearing for a certificate of approval on the matter before the board, providing sufficient staff review time. Notice will be given by the city in accordance with requirements in 30-13.

2.

Public hearing. A quorum must be present at a public hearing for a certificate of approval. If a quorum is missing due to attendance, then the chair of the board may set a new date for a special hearing, or the matters scheduled for that hearing shall be heard on the next regularly scheduled hearing date. If a quorum is missing due to conflicts of interest, then alternate board members shall be used.

3.

The director shall prepare a report which shall include a summary of all comments received on the certificate of approval application, along with the staff recommendation, which shall be presented to the board. In taking action on a certificate of approval application, the board shall consider the staff report and recommendation and comments received from the applicant and the public. The board shall also consider whether the proposed project meets the criteria and standards in section 30-303(i)(1) in taking action to approve, approve with conditions, deny or table the application for future consideration.

c.

Findings. The findings of the board shall be based on criteria and standards in section 2-303(j), and the decision of the board on a certificate of approval for a major alteration application shall be considered final unless appealed by the property owner or applicant to the city council, in accordance with the appeal process in section 30-19.

d.

Certificate of approval. After approval of a certificate of approval major alteration application, the director shall cause the certificate of approval, signed by the board chair, which may include plans, drawings, photos and other documents, as approved, to be recorded in the office of the county clerk and recorder. The applicant or property owner shall be responsible for paying all applicable recording fees. Work shall be completed within 12 months of the date of board approval, with the option for up to two six-month extensions as approved by the director. Work not complete within these time parameters will require new approval through submittal of a new application to the board for review.

e.

Denial. If an application for a certificate of approval is denied, the applicant may revise the application extensively or submit a new application for review by the board. In this case, the application would be considered a new application and would follow the entire process for certificate of approval applications. The applicant may appeal decisions of the director to the board and decisions of the board to the city council, in accordance with appeal procedures in section 30-19.

(4)

Minor alterations.

a.

Application requirements. A complete application for minor alterations will contain the following: signed application, photos, narrative, product literature or drawings as necessary and the application fee as determined by the city.

b.

Application process.

1.

Notification. Upon receipt of a complete application, the director shall notify the property owner and applicant of receipt of the application and requirement for staff review.

2.

No public hearing. No public hearing is required for minor alteration applications.

3.

Findings. The director shall review the application for minor alterations and make findings based on criteria and standards set forth in section 30-303(i).

4.

Certificate of approval. The director shall approve the application and issue a certificate of approval if the proposed project meets the criteria and standards set forth in section 30-303(i), and can be completed without negatively impacting the historical integrity of the property. After approval, the director shall cause the certificate of approval for minor alterations to be signed by the director, which may include plans, photos or other documents, to be recorded in the office of the county clerk and recorder. The applicant or property owner shall be responsible for paying all applicable recording fees.

5.

If the director finds that the proposed project does not meet the criteria and standards in section 30-303(i), the director will notify the applicant of the reasons for denial and notify the applicant of the opportunity to appeal the decision to the board.

(5)

Relocation.

a.

Application requirements. A complete application for relocation will contain the following: signed application, location information, narrative, drawings, digital photos and the application fee as determined by the city.

b.

Application process. The application process for relocation applications will follow the same process as for major alterations, as set forth in this section.

(6)

Demolition.

a.

Application process and requirements. A complete application for demolition will contain the following: signed application, narrative, digital photos, additional documentation as requested and the application fee as determined by the city.

b.

Application process. The application process for demolition applications will follow the same process as for major alterations, as set forth in this section.

(7)

Emergencies. In the event of an emergency, as defined in section 30-302, owners shall perform necessary measures to preserve the property and notify the director within three days of the emergency event. Owners shall make efforts to document the damage and provide that documentation, including photos and the measures done to preserve the structure, to the director to assist in establishing the proper treatment for the property and to obtain a certificate of approval if necessary.

(8)

Requirement of maintenance to prevent demolition by neglect.

a.

The owner of a designated property and owners of properties in a historic district must perform reasonable maintenance of the properties, as that term is defined in section 30-302.

b.

The owner of a designated property and owners of properties in a historic district shall not commit demolition by neglect, as that term is defined in section 30-302.

c.

Noncompliance with this subsection will be punishable in accordance with other violations of this section, the same as for violations that are sanctioned administratively as Code infractions, pursuant to chapter 1, section 1-21 of this Code, and shall proceed as set forth in section 30-19.

(i)

Criteria for certificate of approval.

(1)

Alterations. Criteria and standards for alterations to a designated property or a property in a historic district are as follows:

a.

The effect of the alteration or construction upon the general historical or architectural character of the designated property.

b.

The architectural style, arrangement, texture and materials of existing and proposed construction, and their relationship to the other buildings.

c.

The effects of the proposed work in creating, changing or destroying the exterior architectural features and details of the structure upon which the work shall be done.

d.

The compatibility of accessory structures and fences with the main structure on the site and with adjoining structures.

e.

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

f.

Compliance with the current Secretary of the Interior's Standards for the Rehabilitation of Historic Properties, as defined in section 30-302.

g.

If the property is a noncontributing property in a historic district, then alterations will be in accordance with the district designation plan as recommended by the board and approved by city council.

h.

Other requirements for alterations of a designated property or contributing property in a district as are required by the procedures and bylaws established by the board.

(2)

Relocation. Criteria for relocation of a designated property or contributing properties in a district are as follows:

a.

In all cases, it shall be the preference of the board to keep structures at their original sites.

b.

For relocation applications, the board shall consider the following criteria in addition to those described for alterations:

1.

Original site.

i.

Documentation showing that the structure cannot be rehabilitated or reused on its original site to provide for any reasonable beneficial use of the property.

ii.

The significance of the structure as it relates to its present setting.

iii.

When a governmental entity exercises power of eminent domain, the board should first consider relocating before demolishing.

iv.

Whether the structure can be moved without significant damage to its physical integrity, and the applicant can show that the relocation activity is the best preservation method for the character and integrity of the structure.

v.

Whether the structure has been demonstrated to be capable of withstanding the physical impacts of the relocation and re-siting.

vi.

Whether a structural report submitted by a licensed structural engineer adequately demonstrates the soundness of the structure proposed for relocation.

2.

New location.

i.

Whether the building or structure is compatible with its proposed site and adjacent properties and if the receiving site is compatible in nature with the structure proposed to be moved.

ii.

Whether the structure's architectural integrity is consistent with the character of the neighborhood.

iii.

Whether the relocation of the historic structure would diminish the integrity or character of the neighborhood of the receiving site.

iv.

Whether the proposed relocation is in compliance with all city ordinances.

(3)

Demolition. Criteria for demolition of a designated property or contributing property in a district. A permit for demolition shall be issued if the applicant can clearly demonstrate that the designated property meets the criteria for demolition as set forth under this section by balancing the criteria of subsections (a) through (d) below versus (e). Not all of the criteria must be met for the board to recommend demolition. Appeals of the decision shall be made under section 30-19.

a.

The structure must be demolished because it presents an imminent hazard.

b.

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

c.

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

d.

The structure cannot be moved to another site because it is physically or economically impractical.

e.

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

1.

Significant impacts that negatively alter the visual character of the neighborhood where demolition is proposed to occur.

2.

Significant impact on the historical importance of other structures located on the property and adjacent properties.

3.

Significant impact to the architectural integrity of other structures located on the property and adjacent properties.

f.

If partial demolition is approved by the board and is required for the renovation, restoration or rehabilitation of the structure, the owner should mitigate, to the greatest extent possible:

1.

Impacts on the historical importance of the structure or structures located on the property.

2.

Impacts on the architectural integrity of the structure or structures located on the property.

(j)

Removal from historic register/hardship exemptions. City council may remove the designation of a historically designated property or district if it finds that historic designation creates an undue hardship in accordance with the criteria in this section. If a request to the board for a certificate of approval does not conform to the applicable criteria, an applicant may request an exemption from the certificate requirements, provided that the intent and purpose of this section are not significantly eroded, and provided that adequate documentation is submitted to the board either in writing or by testimony to establish qualification for one of the following exemptions. Such documentation or testimony must be substantiated by professional opinion or thorough explanation of how the information was obtained.

(1)

Economic hardship exemption. An economic hardship exemption may be granted if:

a.

The owner is unable to obtain a reasonable return on investment in the property's present condition or in a rehabilitated condition.

b.

For non-income-producing properties, the owner is unable to resell the property in its current condition or if rehabilitated.

c.

The economic hardship claimed is not self-imposed, including from lack of maintenance.

(2)

Health/safety hardship exemption. To qualify for undue hardship, the applicant must demonstrate that the application of criteria creates a situation substantially inadequate to meet the applicant's needs because of health and/or safety considerations.

(3)

Inability to use exemption.

a.

If no sale can be made or no feasible use is found for the structure within two years of denial of a permit, the owner may request a waiver of all or part of the process described above.

b.

In determining the applicability of this section, the board shall include the following factors in its deliberations:

1.

Written documented evidence illustrating efforts by the owner to make repairs, find an appropriate use or sell the property.

2.

Written evidence of the owner's efforts to secure assistance for conforming the application with this section without demolition or defacement.

(4)

For the purpose of establishing and maintaining sound, stable and desirable historic districts within the city, the removal of historic designation is to be discouraged. This policy is based on the opinion of the city council that the city's historic districts and individually designated properties are the result of a detailed and comprehensive appraisal of the city's present and future needs regarding land use allocation and other considerations while supporting the city's historical significance; and, as such, the policy should not be amended unless to correct manifest errors or because of changed or changing conditions in a particular area of the city in general.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

If any provision of this article, any provision of any rule or regulation lawfully promulgated hereunder or any application of this chapter or rule or regulation promulgated hereunder to any person or circumstance is held invalid or inoperative, such invalidity or inoperativeness shall not affect other provisions or applications of this article or rules or regulations. The city council hereby declares that, in these regards, the provisions of this Development Code and all rules and regulations promulgated hereunder are severable. In the event that any part of this article negatively affects the city's certified status as a certified local government by the National Park Service, then the conflicting provision shall be severable.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)