A.

The purpose of this article is to establish and preserve historic landmarks for the educational, cultural and economic benefit of Wheat Ridge citizens by:

1.

Preserving, protecting, enhancing, and regulating the use of buildings and structures that are reminders of past eras, events and persons important in local, state or national history, which are landmarks in the history of architecture, which provide examples of the physical surroundings in which past generations lived or which are archaeologically significant; and

2.

Ensuring that the historic character is preserved in development and maintenance of such buildings and structures;

3.

Stimulating educational, cultural and spiritual dimensions by fostering the knowledge of Wheat Ridge's heritage and cultivating civic pride in the accomplishments of the past; and

4.

Cooperating with state and federal historical preservation efforts.

B.

It is not the intention of this article to preserve every old building or structure in the city, but rather to provide a process to evaluate and protect only those buildings and structures deemed to have historical significance.

(Ord. No. 2001-1215, § 1, 2-26-01)

A.

The requirements of this article are in addition to all other zoning provisions contained in this chapter 26 and are not to be construed so as to waive any other existing and applicable zoning regulations, unless specifically excepted by city council pursuant to section 26-907, and shall apply to all zone districts in place at time of adoption of this ordinance or hereafter.

B.

Where a conflict exists between the provisions in this article and other provisions of this Code, the provisions set forth in this article shall not affect the provisions set forth elsewhere in this Code.

(Ord. No. 2001-1215, § 1, 2-26-01)

A.

For the purposes of this article, the following words and terms are defined as set forth herein:

Community significance variance. A variance from height, setback, square footage or any other code provisions determined by city council as necessary to preserve the historic character and/or significance of an affected historic landmark.

Development application. Any permit, site plan, rezoning, variance application or administrative relief that would change the character or appearance of property and/or improvements thereon.

Exterior architectural feature. The architectural style, design, general arrangement and components of all of the outer surfaces of an improvement as distinguished from the interior surfaces enclosed by said exterior surfaces, including, but not limited to, the kind, color and texture of the building material and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such improvement.

Historic preservation. The protection, rehabilitation, restoration, renovation and construction of buildings, structures and objects significant in Wheat Ridge history, architecture, archaeology, engineering or culture.

Historic landmark. Any structure or improvement designated as historic under the provisions of this article.

Inventory. A listing of buildings and structures within the city which reflect an earlier time or which contribute to the overall historic character or heritage of the city, including a list of historic landmarks designated pursuant to this article.

Landmark alteration permit. Any permit issued by the city pertaining to construction, alteration, removal or demolition of a building or feature within a designated historic landmark or landmark site.

Major change. Alteration to an historic landmark which may fail to preserve, enhance or restore the exterior architectural features of the landmark by affecting the special character or special historical, architectural or archaeological nature of the historic landmark which gave rise to the historic designation.

Minor change. Alteration to an historic landmark which preserves, enhances or restores the exterior architectural features of the landmark or site. A minor change does not adversely affect the special character or special historical, architectural or archaeological nature of the historic landmark or site.

Owner. Any person, persons or entities having such right to, title to or interest in any parcel of land or improvement so as to be legally entitled, upon obtaining the required permits and approvals from the city agencies having jurisdiction over building construction, to perform, with respect to such property, construction, alteration, removal, demolition or other work as to which such person seeks the authorization or approval of the preservation specialist or the city council.

Reasonable return. The capacity, under reasonably efficient and prudent management, of earning a reasonable return on an investment.

Restoration. Putting a building or structure back into the form it held at a particular date in time as nearly as possible, the accomplishment of which often requires the removal of work which is not "of the period."

Structure. Any building, improvement, shelter or any other construction built for the shelter or enclosure of persons, animals or chattels or any part of such structure when subdivided by division walls or party walls extended to or above the roof or without openings in separate walls.

(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1416, § 1, 7-28-08)

A.

Historic landmarks may be eligible for grants for preservation, restoration or stabilization from the city, state or other granting organizations.

B.

The city, in its discretion, may write recommendations for such grants or monies and/or assist property owners in applying for state or national historic designation.

C.

The city council, in its sole discretion, may make available economic incentives to historic marks. The city council is authorized to seek and accept private or public grants which would enhance historic preservation.

D.

The city shall supply a plaque of appropriate size which states that a designated historic landmark is a Wheat Ridge Historic Landmark and protected under the provisions of this article.

E.

If appropriate, the city council may grant a community significance variance.

(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1416, § 2, 7-28-08)

A.

Any individual structure or building within the city is eligible for designation as an historic landmark.

B.

Inclusion of any property in the National Register of Historic Places as provided in the National Historic Preservation Act of 1966 shall mean that the landmark is automatically designated a local historic landmark subject to the protections of this article.

C.

An application for historic designation may be submitted by the property owner.

D.

Upon receipt of an application, the community development department shall schedule a city council public hearing. Notice of the public hearing shall be sent to the owner of the property via certified mail, shall be published in a newspaper of general circulation and be posted on the property by a sign, which conforms with the requirements of subsection 26-109 C., at least fifteen (15) days before the date of the public hearing. The notice shall state the time and place of the public hearing, state that an application has been filed for historic designation of the structure and describe the location of the landmark by street address, legal description, map and/or other descriptive information sufficient to reasonably advise the public and/or any interested persons of the pendency of the application.

(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1416, § 3, 7-28-08)

A.

Following public hearing, city council may designate by resolution historic landmarks in the City of Wheat Ridge to accomplish the purposes of this article. In making such designations, city council shall consider the testimony and evidence presented at the public hearing and the following criteria:

1.

No structure or building shall be granted historic designation unless city council determines that the property owner will retain the ability to earn a reasonable return on the property which is the subject of the application; and

2.

The city council shall consider whether the structure is of particular historical, architectural, cultural or archaeological significance which:

a.

Exemplifies or reflects the broad cultural, political, economic or social history of the nation, state or community; or

b.

Is identified with historic persons or with important events in national, state or local history; or

c.

Embodies distinguishing characteristics of an architectural type inherently valuable for the study of a period, style, method of construction or of indigenous materials or craftsmanship; or

d.

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

B.

The city council may grant historic designation in the presence of one (1) or more of the criteria set forth in 2.a.—2.d., above, but need not find that all of those criteria are met.

C.

It shall be unlawful to demolish, destroy or undertake any major change to a structure which is the subject of a pending historic designation application until such time as city council has determined whether such designation shall or shall not be granted.

D.

The city shall maintain an inventory of all designated historic landmarks and all structures which are the subject of pending applications for historic designation. No permit shall be issued or request granted to carry out any new exterior construction, alteration, removal or demolition of a structure on or in an historic landmark or on a structure which is the subject of a pending application for historic designation before a landmark alteration permit has been issued or until a determination has been made by city council not to grant historic designation.

(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1416, § 4, 7-28-08)

A.

In addition to historic designation, or at any time after granting historic designation, the city council may, upon application therefore, grant community significance variances to historic landmarks.

B.

When a community significance variance is sought after historic designation has already been granted, the notice and hearing requirements for granting such a variance shall be as set out in section 26-905E., except that the notice shall state that an application has been filed for a community significance variance.

C.

The criterion for determining that a variance should be granted is that the variance is necessary to preserve the historic character and/or significance of the affected structure.

D.

The variance shall remain in effect only until such time as the use which created the historic character of the landmark changes or ceases. Failure to maintain the subject of a variance in good repair and working order may cause a rescission of the variance.

(Ord. No. 2001-1215, § 1, 2-26-01)

A.

No person shall carry out or cause to be carried out on any historic landmark any exterior construction, alteration, removal or demolition, or make any changes that would impair the historic nature of the historic landmark without first obtaining a landmark alteration permit therefor in accordance with this article.

B.

Nothing in this section shall be construed to prevent any construction, alteration removal, or demolition necessary to correct an unsafe or dangerous condition of any structure, or parts thereof where such condition is declared unsafe or dangerous by the city building or community development departments, or fire department and where the proposed measures have been declared necessary by the city manager to correct the dangerous condition, as long as only such work which is necessary to correct the condition is performed. Any temporary measures required by the city under this section may be taken without first obtaining a landmark alteration permit, but a permit is required for permanent alteration, removal or demolition of an historic landmark.

C.

If the city provides the applicant with a landmark alteration permit, the applicant must apply for a building permit within six (6) months of the date of the permit.

D.

If the city denies a landmark alteration permit, no person may submit a subsequent application for the same construction, alteration, removal or demolition within one (1) year from the date of the final action upon the earlier application.

(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1288, §§ 1, 2, 5-12-03; Ord. No. 1416, § 5, 7-28-08)

A.

Applications for a landmark alteration permit shall be submitted to the community development department and shall contain such information as required to assure full presentation of the facts necessary for proper consideration of the permit.

B.

Landmark alteration permit applications for minor changes shall be determined by the community development director in accordance with this article. Landmark alteration permit applications for major changes shall be determined by city council in accordance with this article.

C.

The community development director shall determine whether the landmark alteration permit application requests a "major change" or a "minor change" to the historic landmark.

(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1416, § 6, 7-28-08)

A.

In determining whether to grant an application for a minor change landmark alteration permit, the community development director shall grant the permit if the requested alteration to a historic landmark would preserve, enhance or restore the exterior architectural features of the landmark or site. The proposed work shall not adversely affect the special character or special historical, architectural or archaeological nature of the landmark or site.

B.

The owner may appeal the determination of the community development director to grant or deny a minor change landmark alteration permit to the city council within ten (10) working days of the date of the community development director's determination by filing an appeal with the office of the city clerk. Within thirty-five (35) days of the date the appeal is received the city council shall set a date for a hearing which hearing shall be held no later than sixty (60) days after the date the appeal is received. The city council shall have the power to overrule the community development director's decision. The determination of the city council following the appeal hearing shall be the final determination of the city.

(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1416, § 7, 7-28-08)

A.

The city council shall schedule a hearing on major change landmark alteration permit applications. Notice of the hearing shall be as set forth in subsection 26-905 D., except that the notice shall state that an application has been filed for a major change landmark alteration permit. Such notice shall be sent to the permit applicant via first class mail and shall be published as in subsection 26-905 D.

B.

During the city council hearing, city council shall consider the evidence or testimony presented, and whether the proposed work will materially adversely affect the special character or special historical, architectural or archaeological nature of the historic landmark. City council shall make its determination to grant or deny the major change landmark alteration permit within sixty (60) days of the date of the hearing.

(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1416, § 8, 7-28-08)

All structures, architectural features, buildings and improvements which are designated historic pursuant to this article shall be maintained in good repair so as to prevent deterioration. Failure to maintain all historic structures, architectural features, buildings, and improvements in good repair shall constitute a violation of this article.

(Ord. No. 2001-1215, § 1, 2-26-01)

A.

An application for removal of historic designation may be submitted by the owner of the property which holds such designation as in subsection 26-905C. The application shall be processed in the same manner as in subsections 26-905C. through 26-905D., and section 26-906 except that the criteria for removal of historic designation shall be that:

1.

The property has ceased to meet the criteria for historic designation because the qualities which caused it to be originally listed have been lost or destroyed; or

2.

Additional information shows that the structure or property no longer meets any of the criteria for historic designation contained in section 26-906; or

3.

Upon a change in ownership, at the request of the new owner, but only to the extent public financial assistance has not been received to benefit the exterior historic elements of the property.

B.

Properties removed from the state register or the National Register of Historic Places shall not be considered to have been automatically removed from the city's historic inventory without formal action of the city council.

(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1416, § 9, 7-28-08)

A.

Within fifteen (15) days of a city council designation of an historic landmark, the city shall cause to be recorded with the Jefferson County Clerk and Recorder a memorandum of action which sets forth the following:

1.

Address and legal description of the real property affected by the historic landmark designation which underlies the structure which has been designated as historic;

2.

A statement that such real property is subject to article IX, chapter 26 of the Wheat Ridge Code of Laws pertaining to the historic landmark requirements.

B.

Within fifteen (15) days of the date that the city council removes an historic designation, the city shall cause to be recorded with the Jefferson County Clerk and Recorder a memorandum of action which sets forth the following:

1.

The information contained in subsection A.1., above; and

2.

A statement that the owner of such real property is no longer required to conform with the historic landmark requirements of chapter 26, article IX of the Wheat Ridge Code of Laws.

(Ord. No. 2001-1215, § 1, 2-26-01)

A.

Any person who is an owner as defined in section 26-903 or a manager of property subject to any provision of this article shall be responsible for compliance with all provisions of this article. Historic designation may be subject to a review for loss of designation as a result of a conviction of the owner for a violation of this article.

B.

Any person violating any provision of this article shall be subject to a fine of one thousand dollars ($1,000.00) or by imprisonment not exceeding one (1) year, or by both such fine and imprisonment. Each and every day during which a violation continues shall be deemed a separate offense and shall be prosecutable and punishable as a separate offense.

C.

The imposition of any penalty hereunder shall not preclude the city from instituting any proper action or proceeding to require compliance with the provisions of this article. In case any building or structure is erected, constructed, externally reconstructed, externally altered, added to or demolished in violation of this article, the city may institute an appropriate action or proceeding to prevent any unlawful erection, construction, reconstruction, exterior alteration, addition or demolition.

(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1416, § 10, 7-28-08)