(A)

Purpose. The purpose of this Chapter is to enhance our community's local resources and to promote the public health, safety and welfare through:

(1)

The protection and preservation of the City's architecture, culture and heritage as embodied in designated buildings, structures, sites, objects and districts, by appropriate regulations and incentives;

(2)

The enhancement of property values and the stabilization of historic neighborhoods;

(3)

The establishment of the City's historic register, listing designated buildings, structures, sites, objects and 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 buildings, structures, sites, objects or districts now so owned and used;

(6)

The promotion of thoughtful community planning and design;

(7)

The maintenance and improvement of economic and financial benefits through the protection of attractions that bring tourists and visitors to the City; and

(8)

The provision of educational opportunities to increase public appreciation of the City's unique heritage.

(B)

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

(Ord. No. 2626, § 3(exh. A), 5-16-2023)

(A)

Creation. There is hereby established an historic preservation commission, which shall be appointed by the City Council, and hereinafter referred to as the "commission."

(B)

Composition. The commission shall be composed of seven voting members, all of who have demonstrated interest in, competence with or knowledge of preservation. The Council may appoint one alternate historic preservation commission member in the same manner as regular appointments. The alternate historic preservation commission member may be called to sit on the commission and vote as a member thereof on account of the absence of any regular member. Such alternate members shall become voting members in the order of their seniority of appointment as alternates.

(1)

At least 60 percent of the members shall be residents of the City.

(2)

At least 40 percent of the members shall be professionals or shall have extensive expertise in a preservation-related discipline, including, but not limited to, history, architecture, landscape architecture, American studies, American civilization, cultural geography, cultural anthropology, planning or archaeology.

(C)

Term of Office. Members shall serve three-year staggered terms from the date of their appointment; provided, however, that the initial appointment to the commission shall consist of one appointment of a term of one year, three appointments of a term of two years and three appointments of a term of three years. Members may continue to serve until their successors have been appointed.

(D)

Officers. The commission shall, by majority vote, elect one of its members to serve as Chairperson to preside over commission meetings, one member to serve as the Vice-Chairperson and one member to serve as Secretary. The members so designated shall serve in these capacities for terms of one year.

(E)

Quorum and Voting. A quorum for the commission shall consist of a majority or 51 percent of the members. A quorum is necessary for the commission to conduct business, including holding a public hearing. A roll call vote shall be taken upon the request of any member. A tie vote shall be deemed a denial of the motion or recommended action.

(F)

Compensation. All members of the commission shall serve without compensation except for such amounts determined appropriate, in advance, by the City Council to offset expenses incurred in the performance of their duties.

(G)

Powers and Duties. The commission shall:

(1)

Conduct surveys and create inventories of historic sites, properties, and areas for the purpose of defining those of historic significance.

(2)

Review and determine qualifications of buildings, structures, objects, sites and districts nominated for designation and recommend that the City Council designate by ordinance such buildings, structures, objects, sites or districts qualifying for such designation.

(3)

Recommend to the City Council the establishment of construction and design standards, consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties, for review of proposals to alter, remove or demolish designated buildings, structures, objects or sites.

(4)

Review and make recommendations on any application for alteration, relocation or demolition of a designated building, structure, object, site or district or planning and design project that may affect the character or integrity of the designated property.

(5)

Advise and assist owners on physical and financial aspects of preservation, rehabilitation, restoration and reconstruction, including nomination to the City's historic register, the state register of historic properties and the National Register of Historic Places.

(6)

Develop and assist in public education programs on history and historic preservation.

(7)

Advise the City Council on matters related to preserving the historic character and substance of the City and recommend easements, covenants, licenses and other methods which will implement the completion of the purposes of this Chapter.

(8)

Actively pursue financial assistance for preservation-related programs.

(9)

Draft and recommend for adoption by the City Council such bylaws, operating policies and other Rules of Procedure as the commission may deem appropriate.

(H)

Meetings. The commission shall establish a regular meeting schedule with no less than four scheduled meetings per fiscal year.

(1)

Minutes shall be kept of all commission proceedings.

(2)

All meetings of the commission shall be open to the public.

(I)

Vacancies. Appointments to fill vacancies on the commission shall be made by the City Council in the same manner as regular appointments.

(J)

Removal. Members of the commission may be removed by the City Council with just cause.

(Ord. No. 2626, § 3(exh. A), 5-16-2023)

(A)

Established. The City Council hereby establishes City register of historic places (the City's historic register).

(1)

Buildings, structures, sites, objects, hereinafter referred to as "property or properties," or districts may be listed on the City's historic register only if such property or district has been so designated pursuant to this Chapter.

(2)

All properties listed on the state register of historic properties and the national register of historic places are eligible for the City's historic register but are not designated until approval, pursuant to this Chapter, is obtained.

(B)

Eligibility Criteria.

(1)

Properties or districts shall be at least 50 years old and meet one or more of the following criteria in order to be considered for designation:

(a)

Association with events that have made a significant contribution to history;

(b)

Connection with persons significant in history;

(c)

Distinctive characteristics of a type, period, method of construction, or artisan;

(d)

Geographic importance;

(e)

Possibility to yield important information related to prehistory or history.

(2)

A property or district may be exempted from the age standard if the City Council finds it to be exceptionally important in other criteria.

(C)

Integrity Criteria. All properties and districts shall be evaluated for their physical integrity using the following criteria:

(1)

Location.

(2)

Design.

(3)

Setting.

(4)

Materials.

(5)

Workmanship.

(6)

Feeling.

(7)

Association.

(D)

Historic Districts.

(1)

A district is a geographically definable area including a concentration, linkage or continuity of properties within a specified period of significance. A district is related by a pattern of either physical elements or social activities. Significance is determined by applying eligibility and integrity criteria to the pattern and unifying elements.

(2)

District boundaries will be defined by visual changes, historical documentation of different associations or patterns of development, or evidence of changes in property type, density or integrity.

(3)

Properties that do not contribute to the significance of the district may be included within the district boundaries.

(Ord. No. 2626, § 3(exh. A), 5-16-2023)

(A)

Nomination and Application.

(1)

Applications shall be submitted to the planning department for consideration on a form provided by the commission.

(2)

A nomination for designation listing in the City's historic register may be made by:

(a)

The owner or owners of the property or properties to be designated;

(b)

A member or members of the commission;

(c)

A member or members of City Council;

(d)

Non-owners of the property or properties to be designated, in which case the applicant must be a resident or owner of property in the City, or have a place of business in the City.

(3)

Where nominated by someone other than the property owner or less than all of the property owners in a district nominated for designation, the City or at least one member of the commission shall contact the owner or owners of such property or properties nominated for designation in writing, outlining the reasons and effects of designation on the City's historic register.

(4)

Applications determined incomplete shall be returned to the applicant within 30 days with a request for additional information.

(5)

Applications for a district nomination shall not be complete if more than 25 percent of the property owners within the proposed district oppose the nomination in writing or though ballot prepared and administered by the City.

(B)

Designation Hearing.

(1)

Within 45 days after an application is determined complete, or within a time frame agreed upon by the applicant and the City, a public hearing shall be held by the commission.

(a)

The Secretary shall provide notice of the date, time and location of the public hearing to the applicant, the owner or owners of record, the owners of adjacent properties and, if known, to other persons having a legal or equitable interest in the properties or district nominated for designation at least ten days prior to the hearing.

(b)

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 in the City's publication of record at least ten days prior to the hearing.

(c)

The property shall be posted its physical location at least ten days prior to the hearing.

(2)

A hearing may be continued. If the hearing is continued, the time, date and place of the continuation shall be established and announced to those present when the current session is to be adjourned. In no case, can a hearing be continued more than 30 days without the express consent of the applicant.

(3)

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

(4)

Transcripts of the hearings are not required; however, the commission's records shall include the name and address of each speaker; the organization or person the speaker represents, if any; whether or not the speaker is an owner or holder of some interest in the property or district nominated for designation, or represents such owner or holder; and a summary of the relevant portions of each statement. Written reports and presentations shall be incorporated into the record of the hearing.

(C)

Commission Review.

(1)

The commission shall review the application for conformance with the established criteria for designation and with the purposes of this Chapter.

(2)

The commission shall recommend:

(a)

Approval;

(b)

Approval with conditions; or

(c)

Disapproval of the application.

(d)

Such approval may be conditional. The commission shall set forth in writing its findings of fact which constitute the basis of its recommendation.

(3)

If the commission approves an application, the commission shall forward the application with a copy of its report and findings of approval to the City Council.

(4)

If the commission denies an application, the commission must notify, in writing, the City Council and the applicant within 30 days of such denial. Such denial shall state the reasons for the denial and the procedures for appeal to the City Council.

(D)

City Council Proceedings.

(1)

Within 30 days after receipt of the commission's approval of an application, the City Council shall hold a public hearing to consider adopting by ordinance those properties qualifying for designation. Such notice and hearing shall be conducted in conformance with the procedures set forth in Subsections B(1)(a) through (c) of this Section, except the City Clerk shall perform the responsibilities assigned therein to the Secretary.

(2)

The City Council shall review the application for conformance with this Chapter.

(3)

The City Council shall, by ordinance, approve, approve with conditions, or deny the proposed application and shall issue written findings based on the commission's recommendations.

(4)

The City shall provide a copy of the results of the City Council's final action to the applicant/applicants and any other person who has requested in writing to receive the same.

(E)

Recording of Designation. Within 30 days of the effective date of an ordinance designating a property or district, for preservation, the City shall record the ordinance with the Clerk and Recorder of Montrose County.

(F)

Records. The City shall maintain a current record of all designated properties and districts and pending designations.

(G)

Limitation on Resubmission and Reconsideration of Proposed Designation. Whenever the commission or the City Council disapproves a proposed designation, no person shall submit an application that is the same or substantially the same for at least one year from the effective date of the final action on the denied application unless the commission or Council has denied based on a request for additional information.

(H)

Appeal of Commission's Denial of Application.

(1)

If the commission denies an application for designation for any reason other than lack of requisite owner consent, the applicant shall have the right to appeal such decision to the City Council by filing a written notice within 15 days after the date of receipt of the commission's denial. Such written notice shall specify the factual and legal basis for the appeal.

(2)

Within 45 days after an appeal is received by the City Clerk, or within a time frame agreed upon by the applicant and the City, a public hearing shall be held by the City Council.

(3)

Notice of the City Council's consideration of the appeal and hearing shall be provided in accordance with Subsections (B)(1)(a) through (c) of this Section, except the City Clerk shall perform the responsibilities of the Secretary.

(4)

The City Council may consider only the notice of appeal, the commission's reasons for denial of the application, and the comments related thereto made during the commission hearing.

(5)

If the City Council finds the commission's denial of the application was based on incorrect information, or there is shown to be newly discovered information not available at the time the application was submitted to the commission, and if the correct or newly discovered information could, in the opinion of the City Council, change the commission's denial of said application, then the entire matter shall be remanded by the City Council to the commission for its reconsideration.

(6)

The decision of the City Council shall be final.

(I)

Amendment of Designation.

(1)

Designation of a property or district may be amended to add features or property to such property or district under the procedures prescribed in this Section.

(2)

Upon the commission's decision to amend a designation, the commission shall promptly notify the owners of the property and the City shall cause to be prepared a resolution, including the legal description of the affected property stating notice of the amendment, and schedule the resolution for City Council review. Upon adoption by the City Council, the resolution shall be recorded.

(J)

Revocation of Designation.

(1)

If a special feature on a property or district has been altered beyond repair in such a way so as to negate the features necessary to retain designation, the owner may apply to the commission for a revocation of the designation or the commission shall recommend revocation of the designation to the City Council in the absence of the owner's application to do so. The revocation application shall be reviewed under the same procedures described hereinabove.

(2)

Upon the commission's decision to revoke a designation, the commission shall promptly notify the owners of the property and the City shall cause to be prepared a resolution, including the legal description of the affected property stating notice of the revocation, and schedule the resolution for City Council review. Upon adoption by the City Council, the resolution shall be recorded.

(Ord. No. 2626, § 3(exh. A), 5-16-2023; Ord. No. 2677, § 2, 12-17-2024)

(A)

Requirements.

(1)

Before carrying out any new construction, alteration, relocation, or demolition involving the exterior of any designated property or property within an historic district including non-contributing properties, the property owner must first submit the proposed work to the commission under this Section, as well as apply for any other permits required by the City codes.

(2)

The City shall review any building permit application received to determine whether the property is listed or located in a listed district and, if so, the applicant has completed review by the commission as required by this Section. If a Certificate of Appropriateness has been issued on the permit application and the proposed work conforms thereto, the City shall process it without further action. If no certificate has been issued or if the City determines that the permit application does not conform to the certificate, the City shall not approve the permit application and shall not issue it until a Certificate of Appropriateness has been issued and the permit application conforms thereto.

(3)

No person shall receive a building permit to construct, alter, remove or demolish any building, structure, object or other feature on a site, or element of a district nominated for designation after an application has been filed to initiate the designation of such building, structure, site, object or district. No such building permit shall be approved while proceedings are pending on such designation.

(B)

Application.

(1)

A request for alteration shall be initiated by the property owner. Such application shall be submitted to the City for consideration on a form provided by the commission. The application shall include anything the City deems necessary, including, without limitation and as applicable, a description of the type of work proposed and its effect or impact upon the designated building, structure, site, object or district and plans and specifications showing the proposed exterior appearance, with texture, materials, samples of materials and architectural design and detail.

(2)

If the City determines the application is complete, the City shall promptly refer the application to the commission. If the City determines the application is incomplete, the applicant shall be advised of the reasons in writing within 30 days of submittal.

(C)

Alteration Hearing. Within 45 days after an application is determined complete by the City, or within a time frame agreed upon by the applicant and the City, a public hearing shall be held by the commission. Such notice and hearing shall be conducted in conformance with the procedures set forth in Section 11-3-4(B)(1)(a) through (c).

(D)

Review Criteria.

(1)

Compliance with any design guidelines adopted by the City and the Secretary of the Interior's standards for the treatment of historic properties.

(2)

For non-contributing buildings within an historic district:

(a)

Compatibility with the property's current design, materials, features, size, scale and proportion, and massing; or

(b)

Compatibility with the district's design, materials, features, size, scale and proportion, and massing.

(3)

Infill construction within historic districts shall be differentiated from the old but be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the district and its environment.

(E)

Commission Review.

(1)

The commission shall:

(a)

Approve;

(b)

Approve with conditions; or

(c)

Disapprove of the application.

The commission shall set forth in writing its findings of fact which constitute the basis of its recommendation.

(2)

If the commission approves or approves with conditions the application, the commission shall issue and send a Certificate of Appropriateness to the applicant and any other person who has requested in writing to receive the same within 30 days. If approved with conditions, such conditions shall be stated in writing in the Certificate of Appropriateness.

(3)

If the commission disapproves the application, the commission shall deny a Certificate of Appropriateness and notify, in writing, the applicant and any other person who has requested in writing to receive the same within 30 days of such denial. Such denial shall state the reasons for the denial and the procedures for appeal to the City Council.

(4)

The commission may issue an order continuing the alteration application process if the commission would like additional information necessary to make a decision. If the hearing is continued, the time, date and place of the continuation shall be established and announced to those present when the current session is to be adjourned. In no case, can a hearing be continued more than 30 days without the express consent of the applicant.

(5)

The applicant may resubmit an amended application or reapply for a building permit that takes into consideration the recommendations of the commission, or appeal the denial to the City Council.

(6)

If an application for a Certificate of Appropriateness is denied, no person may submit a subsequent application for the same alteration or construction within one year from the date of the final action upon the earlier application.

(F)

Appeal of Denial of Certificate of Appropriateness.

(1)

If a Certificate of Appropriateness is denied by the commission, the applicant may appeal the denial to the City Council by filing a written notice with the City Clerk within 15 days after receipt of the commission's denial.

(2)

Within 45 days after an appeal is received by the City Clerk, or within a time frame agreed upon by the applicant and the City, a public hearing shall be held by the City Council.

(3)

Notice of the City Council's consideration of the appeal and hearing shall be provided in accordance with Section 11-3-4 (B)(1)(a) through (c), except the City Clerk shall perform the responsibilities of the Secretary.

(4)

The City Council shall consider the notice of appeal, the commission's reasons for denial of the application, the comments related thereto made during the commission hearing and any evidence it deems relevant to the application.

(5)

The City Council shall apply the criteria in Subsection (D) of this Section in making its decision.

(6)

The decision of the City Council shall be final.

(Ord. No. 2626, § 3(exh. A), 5-16-2023; Ord. No. 2677, § 2, 12-17-2024)

(A)

General.

(1)

In addition to the criteria and procedures in Section 11-3-5, the commission will use the criteria of this Section in considering applications for relocating a designated property or contributing property in an historic district within a designated site or district or relocating a property onto a designated site or district.

(2)

Applicants for relocation shall provide:

(a)

A professionally prepared estimate of costs of continued maintenance of the property in its current condition, of rehabilitation on site, and of relocation and rehabilitation;

(b)

An engineer's or architect's report as to structural soundness;

(c)

Professionally prepared estimates of market value of the property in its current location and current condition, of the market value of the property rehabilitated on its current site, of the site once the property is removed as rehabilitated and after demolition; and

(d)

Professionally prepared plans for current site.

(B)

Review Criteria.

(1)

For consideration of the original property and site, the commission will review for the following criteria:

(a)

Whether the property can be preserved, restored, rehabilitated or reused on its original site to provide for any reasonable, beneficial use of the property regardless of any proposed development plan for the property's site or adjacent properties;

(b)

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

(c)

Whether the property can be relocated and re-sited without significant damage to its physical integrity; and

(d)

Whether plans are specifically defined for the site to be vacated, and have been determined to meet all other City codes and ordinances.

(2)

For consideration of the new location, the commission will review for compliance with all of the following criteria:

(a)

Whether the building, structure or object 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;

(b)

The building, structure or object's architectural integrity and its consistency with the character of the neighborhood of the receiving site;

(c)

Whether the relocation of the building, structure or object will diminish the integrity or character of the neighborhood of the receiving site; and

(d)

If a relocation plan has been submitted and approved by the City, including posting a bond, to ensure the safe relocation, preservation and repair (if required) of the property and site preparation and infrastructure connections as described in the code.

(Ord. No. 2626, § 3(exh. A), 5-16-2023)

(A)

General.

(1)

In addition to the criteria and procedures in Section 11-3-5, the commission will use the criteria of this Section in considering applications for demolition of designated properties and contributing properties in an historic district.

(2)

Applicants for demolition shall provide:

(a)

A professionally prepared estimate of costs of continued maintenance of the property in its current condition, of rehabilitation, and of demolition;

(b)

An engineer's or architect's report as to structural soundness; and

(c)

Professionally prepared estimates of market value of the property in its current condition, as rehabilitated and after demolition.

(3)

If a demolition approval is granted on any basis other than that of an imminent hazard or economic hardship (See Section 11-3-8), a Certificate of Appropriateness will not be issued until a replacement/reuse plan for the property has been approved by the City.

(B)

Review Criteria for Total Demolition. Applicants requesting a Certificate of Appropriateness for total demolition must provide data to clearly demonstrate all of the following criteria:

(1)

The property proposed for demolition is not structurally sound, despite evidence of the owner's efforts to properly maintain said building, structure or object;

(2)

The property cannot be preserved, restored, rehabilitated or reused on-site to provide for any reasonable, beneficial use of the property regardless of any proposed development plan for the property's site or adjacent properties;

(3)

The property cannot be practically moved to another site in the City; and

(4)

The applicant demonstrates that the proposal mitigates to the greatest extent practical, all the following:

(a)

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

(b)

Any impact on the historic significance of the structure or structures located on the property and adjacent properties; and

(c)

Any impact to the architectural integrity of buildings, structures or objects located on the property and adjacent properties.

(5)

In the case of archaeological sites, whether information can be recovered as part of the demolition process.

(C)

Review Criteria for Partial Demolition. Applicants requesting a Certificate of Appropriateness for partial demolition must provide data to clearly demonstrate all of the following criteria:

(1)

The partial demolition is required for the preservation, restoration or rehabilitation of the property; and

(2)

The applicant demonstrates that the proposal mitigates to the greatest extent practical, all of the following:

(a)

Any impact on the historic significance of the buildings, structures or objects located on the property and adjacent properties; and

(b)

Any impact on the architectural integrity of the buildings, structures or objects located on the property and adjacent properties.

(Ord. No. 2626, § 3(exh. A), 5-16-2023)

(A)

General.

(1)

If an application for a Certificate of Appropriateness is denied, the applicant may request an exemption from such certificate requirement pursuant to this Section.

(2)

A request for exemption shall be initiated by the property owner. Such application shall be submitted to the City for consideration on a form provided by the commission.

(3)

The applicant must provide adequate documentation and/or testimony to establish qualification for one of the below listed exemptions. The data provided by the applicant must be substantiated by either a professional in an applicable field or through documentation of how the information was obtained. The applicant shall have the burden of proof to establish hardship. The commission may request additional information from the applicant as necessary to make informed decisions according to the applicable criteria for decision-making.

(4)

If the City determines the application is complete, the City shall promptly refer the application to the commission. If the City determines the application is incomplete, the applicant shall be advised of the reasons in writing within 30 days of submittal.

(5)

Certificate of Appropriateness exemptions are granted only to the specific owner and are not transferable.

(B)

Criteria for Exemption.

(1)

Economic hardship.

(a)

The commission may solicit expert testimony and require that the applicant make submissions concerning any or all of the following information before it makes a determination:

(i)

Estimate of the cost of the proposed construction, alteration, demolition, or removal and an estimate of any additional cost that would be incurred to comply with the conditions of approval set out in Sections 11-3-5 through 11-3-7.

(ii)

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

(iii)

In the case of a proposed alteration, the cost of the project proposed by the applicant compared with the changes required by the preservation commission. In the case of a proposed demolition, the estimated market value of the property in its current condition, after rehabilitation, and after demolition shall be compared, in addition to actual project costs.

(iv)

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

(v)

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

(vi)

Any listing of the property for sale or rent, price asked, and any written offers received within the previous two years.

(vii)

The actual or market value of the land and improvements thereon according to the most recent assessment.

(viii)

Real estate taxes for the previous two years.

(ix)

Any proposal for a replacement structure for the property and financial proof of the ability to complete the replacement project.

(x)

For income-producing property, the annual gross income from the property for the previous two years; itemized operating and maintenance expenses for the previous two years.

(b)

The following factors, evidence and testimony are to be considered:

(i)

The structural soundness of the building or any structures on the property and their potential for rehabilitation.

(ii)

For investment or income-producing properties; the ability to obtain a reasonable rate of return on the property in its present condition, or in a rehabilitated condition pursuant to the requirements of this Chapter.

(iii)

For non-income producing properties consisting of owner-occupied single-family dwelling and/or non-income producing institutional properties not solely operating for profit, the ability to maintain or to convert the property to a reasonable institutional use in its present condition or in a rehabilitated condition pursuant to the requirements of this Chapter or the ability to transfer the property for a reasonable rate of return.

(iv)

The consideration for economic hardship shall not include any of the following:

a.

Willful or negligent acts by the owner;

b.

Purchase of the property for substantially more than its market value;

c.

Failure to perform normal maintenance and repairs;

d.

Failure to diligently solicit and retain tenants;

e.

Failure to prescribe a rental amount which is reasonable; or

f.

Failure to provide normal tenant improvements.

(2)

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

(C)

Decision.

(1)

If the commission deems the criteria of this Section are met, the commission shall issue and send an order of exemption to the City within 30 days.

(2)

If the commission deems the criteria of this Section are not met, the commission shall deny the exemption request and notify, in writing, the City and the applicant within 30 days of such denial. Such denial shall state the reasons for the denial and the procedures for appeal to the City Council.

(3)

The commission may issue an order continuing the exemption process for a period of time not to exceed 90 days from the date of the application if the commission would like additional information necessary to make a decision.

(4)

The applicant may resubmit an amended application, reapply for an exemption that takes into consideration the recommendations of the commission, or appeal the denial to the City Council.

(5)

If an application for an exemption is denied, no person may submit a subsequent application within one year for the same from the date of the final action upon the earlier application.

(D)

Appeal for Denial of Exemption.

(1)

If an exemption is denied by the commission, the applicant may appeal the denial to the City Council by filing a written notice with the City within 15 days of the date of the receipt of the commission's denial.

(2)

Notice of the City Council's consideration of the appeal and hearing shall be provided in accordance with Section 11-3-4 (A) (2) (a) through (d), except the City Clerk shall perform the responsibilities of the secretary.

(3)

The City Council shall hold a public hearing to consider the appeal, and consider any evidence it deems relevant to the application.

(4)

The City Council shall apply the criteria in this Section in making its decision.

(5)

The decision of the City Council shall be final.

(Ord. No. 2626, § 3(exh. A), 5-16-2023)

(A)

The City Council intends to preserve from deliberate or inadvertent neglect the exterior portions of designated properties or districts and all interior portions thereof whose maintenance is necessary to prevent deterioration of any exterior portion. No owner, lessee, or occupant of any designated property or such within a district shall fail to prevent significant deterioration of the exterior of the structure or special feature beyond the condition of such property or such within a district on the effective date of the designating ordinance.

(B)

No owner, lessee or occupant of any property or such within a district shall fail to comply with all applicable provisions of this Chapter and other ordinances of the City regulating property maintenance.

(C)

Before the City's attorney files a complaint in Municipal Court for failure to maintain the designated property or districts, the City shall notify the owner, lessee or occupant of the need to repair, maintain or restore the site, structure or district; shall assist the owner, lessee or occupant in determining how to preserve the property or districts; and shall give the owner, lessee or occupant a reasonable time to perform such work.

(Ord. No. 2626, § 3(exh. A), 5-16-2023)

Nothing in this Chapter shall be construed to prevent any measures of construction, alteration, removal or demolition necessary to correct the unsafe or dangerous condition of any structure, other feature, or parts thereof where such condition is declared unsafe or dangerous by the City and where the proposed measures have been declared necessary by the City to correct the condition, as long as only such work that is absolutely necessary to correct the condition is performed. Any temporary measures may be taken without first obtaining a Certificate of Appropriateness under this Chapter, but a certificate is required for permanent construction, alteration, removal or demolition.

(Ord. No. 2626, § 3(exh. A), 5-16-2023)

(A)

Any owner of a designated property or contributing property within a designated district under this Chapter may be eligible for economic incentives for the restoration or rehabilitation of that property as provided by the State of Colorado and such additional incentives as may be developed by the commission or the City Council.

(B)

The commission shall identify and advise the City Council regarding the implementation of economic incentives for designated properties. The commission shall notify the owners of designated properties of economic incentive opportunities available.

(C)

The commission shall make the determination for each request regarding economic incentives.

(Ord. No. 2626, § 3(exh. A), 5-16-2023)

The properties located in the City of Montrose, Montrose County, Colorado, are described as follows, to wit:

(1)

Montrose, Town of; Block: 87, Lot: 18 through Lot: 24 (Commercial Occurrence 1).

(2)

Seligs Addn; Block: 92, Lot: 13 through Lot: 19 Frac Lts 20 and 21 S: 28 T: 49 R: 9 also shown on plat #884035 (Commercial Occurrence 2).

(Ord. No. 2626, § 3(exh. A), 5-16-2023)

Alteration, additions and other changes to the building and structures located on the property will be reviewed for compliance with this Chapter, as currently enacted or hereafter amended.

(Ord. No. 2626, § 3(exh. A), 5-16-2023)

(A)

No person shall violate or permit to be violated any of the requirements of this Chapter or the terms of a certificate issued pursuant to this Chapter.

(B)

Violations of this Chapter are punishable as provided in this Title and may be subject to the following additional penalties:

(1)

If any designated building, structure, features on a site or object or such within a district is externally reconstructed, externally altered, added to, relocated or demolished in violation of this Chapter, the commission may order any such building, structure, object or site to be returned to its condition prior to such unlawful construction, reconstruction, exterior alteration, addition or demolition. This may specifically include ordering the reconstruction of a structure that was demolished to replicate as closely as possible the original structure.

(2)

If any building, structure or object is erected or constructed on designated property or such within a district, the commission may order any such building, structure or object to be removed or deconstructed.

(3)

Alterations to a designated property or district without an approved Certificate of Appropriateness will result in a one-year moratorium on all building permits for the subject property.

(4)

Moving or demolishing a designated property or such within a district without an approved Certificate of Appropriateness will result in a five-year moratorium on all moving, demolition or building permits for such property and/or its original location.

(Ord. No. 2626, § 3(exh. A), 5-16-2023)