HomeMy WebLinkAbout06888ORDINANCE NO. 6888
AN ORDINANCE AMENDING TITLE IV OF THE PUEBLO MUNICIPAL CODE BY THE ADDITION
OF CHAPTER 14 RELATING TO HISTORIC PRESERVATION, ADOPTING AND ENACTING
THE HISTORIC PRESERVATION CODE, AND PROVIDING PENALTIES FOR VIOLATIONS
THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter
being deleted; underscoring indicates matter added)
SECTION 1
Title IV of the Pueblo Municipal Code is amended by the addition of the following Chapter
14; adopting and enacting the Historic Preservation Code; and providing penalties for violations
thereof:
CHAPTER 14
HISTORIC PRESERVATION CODE
Sec. 4 -14 -1. Intent.
The Council hereby declares as a matter of public policy that the identification and
Preservation of Landmarks and Historic Districts of distinctive character and which possess
special historic, prehistoric, aesthetic, architectural, engineering or geographic interest or
importance or that reflect the multicultural - multiethnic heritage of the City of Pueblo are
cultural assets and public necessities required to promote the educational, cultural
economic, and aesthetic attributes of the City and the general safety, health and welfare of
the citizens of Pueblo. This Chapter shall be known as the "Historic Preservation Code"
and may be cited as such and may be referred to herein as "this Chapter."
Sec. 4 -14 -2. Statement of purpose.
The purpose of this Chapter is to:
M Identify, designate, and preserve those buildings, objects, monuments,
structures, and sites which reflect outstanding elements of the commuaw
architectural and cultural heritage.
u Preserve and enhance the environmental quality of neighborhoods.
u Strengthen the City's economic base through the stimulation of the tourist
industry.
Stabilize and improve property values.
u Foster economic development.
Promote the growth of the City in concert with its heritage.
Encourage new buildings and developments that will be harmonious with
existing Landmarks and Historic Districts.
Sec. 4-14-3. Definitions.
The following terms shall have the meanings indicated:
u Alteration means any act or process which changes one (1) or more of the
exterior architectural features of a Landmark or element within a Historic
District, including, but not limited to, the erection, construction, or
reconstruction of any Landmark or element within a Historic District.
Area means a specific geographic division of the City of Pueblo.
u Building means any structure, such as a house, barn, church, hotel, public or
commercial structure. Building may refer to a historically related context
such as a courthouse and iail, or house and barn.
Certificate of Appropriateness means a certificate issued or deemed issued
by HPC authorizing any proposed alteration, construction, restoration, or
relocation of a designated Landmark or element within a designated Historic
District in accordance with the provisions of this Chapter.
u Certificate of Economic Hardship means a certificate issued or deemed
issued by HPC authorizing the alteration, restoration, removal, relocation, or
demolition of a designated Landmark or an element within a designated
Historic District in accordance with the provisions of this Chapter, even
though a Certificate of Appropriateness has previously been denied.
Certified local government means status granted the City by the State
Historic Preservation Officer according to the applicable provisions of the
National Historic Preservation Act, as amended.
M Colorado Register of Historic Properties means the official listing of state -
designated cultural resources.
u Construction means the act of adding an addition to an existing structure or
the erection of a new principal or accessory structure on a lot or property.
Contributing element or element means a building, object, monument,
structure, or site that has historic significance through location, desigm
setting, materials, workmanship, or association, and adds to the sense of
time, place, and development in a Historic District.
10 Cultural resource means any individual building, object, monument,
structure, or site, or geographically definable area, such as a historic district
that possesses a significant concentration, linkage, or continuity of buildings,
objects, monuments, structures, and sites united by past events, or
aesthetically by plan or physical development, that possess distinctive
character and special historic, prehistoric, aesthetic, architectural,
engineering or geographic interest or importance, or reflect the multicultural -
multiethnic heritage of the City. All properties listed on the National Register
of Historic Places and the Colorado Register of Historic Properties are
cultural resources.
111,) Demolition means any act or process that destroys in part or in whole a
cultural resource. The term includes the removal of any material constituting
part of a structure other than for purposes of ordinary maintenance or repair
which removal affects the exterior appearance of the structure or which
reduces the stability or longevity of the structure.
(12) Demolition by neglect means any total or partial destruction of or damage to
a structure or any portion thereof due to the failure to adequately maintain or
repair the structure.
13 Demolition permit means a permit issued or deemed issued by HPC
authorizing the demolition of a designated Landmark or an element within a
designated Historic District in accordance with the provisions of this Chapter.
Design guidelines or Standards of Appropriateness means guidelines
recommended by HPC and approved by Council by ordinance outlining
criteria and standards for the review of applications for Certificates of
Appropriateness.
Exterior appearance means the character and general composition of the
exterior of a cultural resource, including but not limited to the kind, color, and
texture of the building material and the type, design, and character of all
windows, doors, light fixtures, sips, and appurtenant elements.
16 Exterior feature means the design, architectural style, general arrangement,
ornament and components of all the outer surfaces of a cultural resource,
including but not limited to the color, texture, materials, type, and style of all
windows, doors, lights, signs and other fixtures appurtenant to said structure
or improvement.
17 Historic District means a geographically definable area designated by
Council by ordinance conveying a sense of time and place due to the historic
and architectural merits of the area or the multicultural - multiethnic heritage of
the City. A Historic District may also comprise contributing and
noncontributing elements separated geographically but linked by association
or history.
18 HPC means the Historic Preservation Commission of the City.
19 Improvement means any building, structure, place, work of art, or other
object constituting a physical betterment of real property or any part of such
betterment, including improvements on public property.
Integrity means the authenticity of a cultural resource's historic identity
evidenced by the survival of physical characteristics that existed during the
Property's historic or prehistoric period.
�j Landmark means a cultural resource as defined in this Chapter and
designated as such by Council by ordinance.
22 Maintenance means all activities necessary to prolong the useful life and
aesthetic appearance of a cultural resource.
23 Monument means a building, object, structure, or site closely linked in
remembrance of a person or event.
24 National Register of Historic Places means the national list of districts, sites.
Secretary of the Interior under authority of Section 101(a)(1)(A, of the
National Historic Preservation Act, as amended.
Obiect means a material item of functional, aesthetic, cultural, historical, or
scientific value that may be, by nature or design, movable vet related to a
specific setting or environment.
26 Owner means the person, corporation, or other legal entity, including
government who owns or who has any legal or equitable interest in property
and who is so listed as owner on the records of the Pueblo County
Assessor's Office.
27 Preservation means the identification, evaluation, recordation,
documentation, curation, acquisition, protection, management, rehabilitation,
restoration, stabilization, maintenance, and reconstruction of cultural
resources. For the purposes of development of cultural resources, the act or
process of applying measures to sustain the existing form, integrity, and
material of a building or structure, and the existing form and vegetative cover
of a site. It may include initial stabilization work, where necessary, as well as
ongoing maintenance of the historic building materials.
28 Protection means the act or process of applying measures designed to affect
the physical condition of a cultural resource by defending or guarding it from
deterioration, loss, or to cover or shield the cultural resource from danger or
injury. In the case of buildings and structures, such treatment is generally of
a temporary nature and anticipates future historic preservation treatment: in
the case of archaeological sites, the protective measure may be temporary
or permanent.
29 Pueblo Inventory of Cultural Resources means the official list of cultural
resources of the City approved by the Council by resolution, from time to
time, and located in and maintained by the Planning and Development
Department.
30 Rehabilitation means the act or process of returninci a cultural resource to a
state of utility through repair or alteration which makes possible an efficient
contemporary use while preserving those portions or features of the cultural
resource which are significant to its historical, architectural, and cultural
values.
u Reconstruction means the act or process of reproducing by new construction
the exact form and detail of a vanished cultural resource, or part thereof, as
it appeared at a specific period of time.
(32 ) Relocation means moving a cultural resource to a different location, either
temporarily or permanence.
(33) Repair means the replacement of deteriorated materials which are
impractical to save, such as broken window glass or severely rotted wood
and the repair or reclamation of items worn to the point that they can no
longer perform their intended function. Material used for repairs on cultural
resources should be as close as possible to the original in composition of
materials, in method of fabrication, and in manner of erection.
34 Restoration means the act or process of accurately recovering the form and
details of a cultural resource and its setting as it appeared at a particular
period of time by means of the removal of later work or by replacement of
missing earlier work.
35 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.
(36) Site means the location of a significant event, a prehistoric or historic
occupation or activity, or a building or structure, whether standing or
vanished, where the location itself maintains historical or archaeological
value regardless of the value of any existing structure.
(37) 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.
38 Structure means a work made up of interdependent and interrelated parts in
a definite pattern of organization constructed by man and may be an
engineering project large in scale.
Sec. 4 -14-4. Historic preservation commission (HPC).
(a) There is hereby created the Pueblo Historic Preservation Commission (HPC)
consisting of seven (7) members who have resided in the City for at least one year
preceding their appointment.
(b) All appointments to HPC shall be made by Council. In the event of a
vacancy occurring during the term of an HPC member, Council shall make an appointment
to fill the vacancy for the balance of the unexpired term.
(c) The initial terms of the members of HPC shall be three (3) members for four
(4) years, two members for three (3) years, and two members for two (2) years. Following
the initial terms, the terms of all members shall be four (4) years. No member shall serve
more than two successive terms. A member shall continue in office after expiration of his or
her term until a successor has been appointed by Council. Members of HPC may be
removed by Council at any time, with or without cause.
(,d) Members of HPC shall serve without compensation. To the extent
authorized by Council and funds are budgeted and appropriated therefor, members may be
reimbursed for actual expenses necessarily incurred, such as training, or incidental to the
performance of their duties for HPC.
u All HPC members shall have demonstrated interest, experience, knowledge
or training in fields closely related to historic Preservation. To the extent available. Council
shall appoint members to HPC who have backgrounds in history, architecture, landscape
architecture, architectural history, archaeology, planning, or other historic preservation
related disciplines such as the building trades, cultural geography, cultural anthropology,
education, ethnic organizations, fine arts, finance, commerce, real estate or law. Council
shall attempt to maintain the balance of interests and skills of the members of HPC,
however, at least three (3) members of HPC should be professionals in historic
Preservation related fields.
Of HPC shall elect a Chairperson and Vice Chairperson, each serving, a one
year term and eligible for reelection. HPC shall develop and adopt bylaws governing its
activities consistent with this Chapter, and it shall conduct its business in accordance with
Robert's Rules of Order, except as modified by bylaws or this Chapter.
& HPC shall conduct its activities at its regular monthly meetings, or at any
special meeting as called by the Chairperson or Vice Chairperson. The bylaws shall
specify the time and place for regular monthly meetings. Notice and agenda of all HPC
meetings must be posted and meetings shall be open to the public at all times in
compliance with the Colorado Open Meetings Law.
Sec. 4 -14 -5. HPC staff.
Laj The City Manager may assign City staff to HPC, which may, from time to
time, be reauired to carry out the clerical, administrative or technical work of HPC. If so
assigned, staff will:
M Provide for the keeping of minutes, tape recordings and records of all
meetings and proceedings of HPC.
Be responsible for publication and distribution of copies of the
minutes, staff reports, packets, and decisions of HPC to the members of HPC and
all other applicable agencies and interested individuals.
Give notice as provided herein or by law for all public meetings and
hearings conducted by HPC.
u Advise the City Clerk of vacancies on HPC and expiring terms of its
members.
fQ Perform other duties when so directed by the City Manager.
( 6) At the direction of the City Manager, the City Attorney or his designee
may act as legal advisor to HPC.
LD HPC, subiect to funds being budgeted and appropriated therefor, and
with the approval of the City Manager, may retain consultants to advise HPC.
Sec. 4 -14 -6. Power and duties of HPC.
Unless otherwise specified herein, the powers and duties of HPC shall be as
follows:
u HPC shall have the power to make reasonable rules necessary for the
performance of its duties as set forth in this Chapter.
u HPC shall recommend to the Council guidelines and standards deemed
necessary by Council to carry out the identification, designation, and
preservation purposes of this Chapter.
HPC or its designee may from time to time survey the community to identify
cultural resources reflective of the community's architectural and cultural
heritage and shall prepare and submit a comprehensive inventory of cultural
resources to Council for approval. Such inventory shall be referred to as the
Pueblo Inventory of Cultural Resources.
u HPC shall review all applications for designation of significant cultural
resources as Landmarks or Historic Districts, and shall recommend to the
Planning and Zoning Commission, the designation of such resources.
HPC shall prepare and maintain a register of all properties and structures
that have been designated as Landmarks or Historic Districts, including all
information required for such designation, and shall ensure that there is a
register of such designations distributed and maintained in the City Clerk's
Office.
(6) HPC shall, pursuant to the provisions of this Chapter, issue or deny
Certificates of Appropriateness. Demolition Permits, or Certificates of
Economic Hardship affecting designated Landmarks or elements within a
designated Historic District.
M HPC may recommend an appropriate system of markers and make
recommendations for the design and implementation of specific markings of
the streets and routes leading from one Landmark or Historic District to
another.
u HPC may confer recognition upon the Owners of Landmarks or elements
within Historic Districts by means of certificates, plaques, or markers.
HPC may advise and assist owners of Landmarks and elements within
Historic Districts on physical, technical and financial aspects of preservation,
renovation, rehabilitation, and reuse, and on procedures for inclusion on the
National Register of Historic Places, Colorado Register of Historic
Properties, and designation as Landmarks or Historic Districts.
10 HPC may, with the approval of the Owner, nominate individual cultural
resources and Historic Districts to the National Register of Historic Places or
the Colorado Register of Historic Properties, and may review and comment
on any National or State Register nominations referred to Council for
comment.
11 HPC may inform and educate the citizens of Pueblo concerning the historic
and architectural heritage of the City, and preservation techniques by
Publishing appropriate maps newsletters brochures and pamphlets by
holding programs, seminars, and workshops, and through computer links
such as the Internet.
12 HPC may encourage and assist in the establishment of educational and
cultural programs tours and events to advance the purpose of this Chapter.
13 HPC may make recommendations to the City Manager concerning the
utilization of grants from Federal, State and local agencies, private groups
and individuals, and the utilization of budgetary appropriations to promote
the preservation of significant cultural resources.
14 HPC, subject to City's appropriation and budgetary procedures and approval
of the City Manager, may spend funds which it may lawfully receive from any
and every source for the purpose of carrying out the provisions of this
Chapter.
HPC may, with the consent of the City Manager, request any appropriate
public information, cooperation or assistance from any City Department,
board, agency, or commission and from any joint City -County department,
board, agency, or commission.
(16) HPC may appoint committees it deems necessary from both within and
outside its membership.
L7 HPC may testify before all boards and commissions, including the Planning
and Zoning Commission and the Zoning Board of Appeals, on any matter
affecting cultural resources.
18 HPC may recommend to the City Manager that the City purchase or assist in
the relocation of preservation- essential resources where private preservation
is not feasible.
19 HPC may make recommendations to the City Manager concerning State
Historic Fund Grant applications, the acquisition of development rights,
facade easements, and the imposition of other restrictions, and the
negotiation of historical property contracts for the purposes of historic
preservation.
(20) HPC shall, if requested by the City Manager, assist in the development of
and periodically review and update the Historic Preservation Component of
the Pueblo Regional Comprehensive Development Plan of the City and
submit recommendations to the Planning and Zoning Commission.
221) HPC shall report annually to Council. The report shall include a review of
HPC's decisions rendered during the year, a general survey addressing the
appearance and condition of historic buildings in the City, and comments of
the community and trends effecting historic preservation.
22 HPC may, with the approval of the City Manager and at the direction of
Council, prepare an application for and participate in the Certified Local
Government (CLG) program of the National Historic Preservation Act, as
amended.
23 HPC may perform such other functions which may be designated by
resolution or ordinance of Council.
Sec. 4 -14 -7. Surveys and research.
There is hereby established the Pueblo Inventory of Cultural Resources, which shall
be maintained by the City and be located in the City Clerk's Office, and consist of all cultural
resources in the City designated as Landmarks or Historic Districts under this Chapter, or
listed on the National Register of Historic Places, the Colorado Register of Historic
Properties and the Colorado Cultural Resource Inventory. HPC may continue to survey
and research cultural resources in the City to identify and evaluate buildings, obiects,
monuments, structures, and sites of distinctive character and which possess special
historic, prehistoric, aesthetic, architectural, engineering, or geographic interest or
importance, or reflect the multicultural - multiethnic heritage of the City. In such
identification, HPC shall place particular emphasis upon evaluating and incorporating the
findings of studies and surveys already completed and upon preserving the oral history of
the City by appropriate methods.
Sec. 4 -14 -8. Designation of Landmark or Historic District.
La) A building, object, monument, structure or site may individually be
designated as a Landmark, or one or more buildings, obiects, monuments, structures, or
sites which are united by past events or aesthetically by plan or physical development may
be designated as a Historic District, if they have distinctive character, and have:
L1) Special historic or prehistoric interest or importance:
a. has significant character, interest or value, as part of the
development, heritage, or cultural characteristics of the City.
State or Nation; or is associated with the life of a person
significant in the past; or
b. is the site of a historic event with a significant effect upon
society; or
C. exemplifies the cultural heritage of the community; or has
yielded, or may be likely to yield, important prehistoric
information.
Special architectural, engineering, or aesthetic interest or importance:
a. portrays the environment in an era of history characterized by
a distinctive architectural style; or
b. embodies those distin uiq shing characteristics of an
architectural -type or engineering specimen; or
C. is the work of a designer whose individual work has
significantly influenced the development of the City: or
d. contains elements of design, detail, materials, or craftsman-
ship which represent a significant innovation.
u Special geographic interest or importance:
a. by being part of or related to a square, park, or other
distinctive area, which should be developed or preserved
according to a plan based on a historic, cultural or
architectural motif, or
b. owing to its unique location or singular physical characteristic,
represents an established and familiar visual feature of the
neighborhood, community, or City.
(b) Designation of a Landmark or Historic District may be initiated by application
of Council. HPC, or the Owner of the cultural resource to be designated. Where such
application is for the designation of a Historic District, the application may be initiated by, or
on behalf of the Owners of cultural resources within the proposed Historic District. All such
applications shall be filed with HPC for review and recommendation, upon forms prescribed
by HPC, and shall include all data required by HPC. No application shall be processed until
the fee therefor established by Resolution of the Council is paid.
(c) Upon receipt of a complete application and fee. HPC staff shall immediately
send notice of an application for proposed designation to the Regional Building Department
and to the Planning and Community Development Department, schedule the application for
hearing on the next available meeting agenda of HPC, and give notice of public hearing, as
follows:
f 1� No less than thirty (30) days prior to a public hearing on the proposed
designation, HPC shall send notice to all City agencies having
previously requested notice of such proceedings, to all owners of the
cultural resource proposed for Landmark or Historic District
designation, and to other parties customarily informed by HPC of
such proceedings announcing the date, time and place of a public
hearing by HPC to consider said designation. The notice shall
include a description of the cultural resource proposed for
designation and a statement of its historical and cultural significance.
The notice shall also advise the Owners of the reasons for, and effect
of its proposed designation.
u Post signs indicating the proposed action and the time, date, and
place of the hearing for a period of not less than ten (10) dam
immediately preceding the hearing on all cultural resources proposed
for Landmark designation and on the boundaries of all areas
proposed for Historic District designations, such signs to be
prominently displayed and easily read from abutting public ways.
Publish a legal notice indicating the nature of the hearings, the
cultural resource involved, and the time, date, and place of the
scheduled public hearing in a local newspaper of general circulation
at least once not less than fourteen (14) days prior to the public
hearing.
(4) Post a notice of the public hearing in the designated notice area for
HPC meetings.
(d) Prior to the designation or amendment of a designation of any Landmark or
Historic District, a staff report reviewing the cultural resource's distinctive character or
special historic, prehistoric, aesthetic, architectural, engineering, or geographic interest or
value as a Landmark or Historic District shall be prepared and distributed to HPC and
Owner, and made available upon request to any interested parties. All recommendations
of HPC shall be made taking into consideration the guidelines set forth in (a) above and the
City's comprehensive plan.
u A public hearing shall be held for the purpose of determining_ whether the
cultural resources being proposed for designation complies with the guidelines for
designation as a Landmark or Historic District and City's comprehensive plan. The hearing
shall allow reasonable opportunity for all interested parties to present testimony and
evidence regarding the proposed designation. HPC may solicit expert testimony or
evidence to be presented at the hearing regarding the eligibility of the proposed Landmark
or Historic District. HPC shall afford the Owner of the cultural resource reasonable
opportunity to present testimony or evidence regarding the designation of the proposed
Landmark or Historic District, the right of representation by counsel, and reasonable
opportunity to cross - examine witnesses at the hearing. Any other interested party may also
present testimony or evidence regarding the proposed designation at the public hearing.
However, nothing contained herein shall be construed to prevent HPC from establishing
reasonable rules to govern the proceedings of the hearings or from establishing reasonable
limits on the length of individual presentations.
u HPC shall act on each proposed designation request after the public
hearing. HPC may recommend approval, denial, modification, or continue the hearing for
up to sixty (60) days pending receipt of additional information on any designation, but no
Historic District designation may be extended beyond the boundaries of the area described
in the original application unless the notice and hearing procedure is repeated for the
enlarqed boundaries. If more than one cultural resource is involved in the application. HPC
may approve in part and deny in part. Each recommendation shall then be treated as a
separate action. HPC shall send a copy of each recommendation to the applicant and
Owner. If HPC fails to act within thirty (30) days following the close of public hearing, the
designation shall be deemed to have been denied, and the designation procedure
terminated. A notice to this effect will be sent to the applicant and Owner.
Lqj Within fifteen (15) days after making a recommendation to approve. HPC
shall transmit its written recommendation to the Plannina and Zoning Commission including
the findings of fact which constitute the basis for HPC recommendation. The Planning and
Zoning Commission shall without public hearing review HPC's recommendation and the
designation application at its next available meeting and submit its recommendations
thereon to Council. All recommendations of the Planning and Zoning Commission shall be
made taking into consideration any comprehensive plan, zoning requirements, projected
public improvements, and existing and proposed renewal and development plans
applicable to the section of the City to be affected by the designation or amendment of a
designation.
Within twenty (20) days after a recommendation by the Planning and Zoning
Commission, the Planning and Zoning Commission shall transmit to Council. HPC's and
Planning and Zoning Commission's written recommendations including HPC's findings of
fact which constitute the basis for HPC's recommendation together with a draft of a
proposed ordinance.
u Council shall act on the ordinance in accordance with procedures for the
enactment of ordinances, except that the public hearing on the ordinance shall be held not
less than fourteen (14) days after approval on first presentation. Notice of the date, time
and location of the public hearing on the ordinance shall be mailed to the Owner at least ten
(10) days prior to the date of the hearing, by first -class mail, postage prepaid, at the
Owner's address in the records of HPC.
M Within twenty (20) days after final approval of an ordinance designating the
cultural resource as a Landmark or Historic District. HPC shall send written notice to the
Owner of each cultural resource so designated, or to each cultural resource within the
designated Historic District. the Department of Planning and Community Development. the
City Clerk, and the Regional Building Department, which notice shall include the
designation, findings for such designation, and the benefits, obligations and restrictions
which result from such designation. A certified copy of the ordinance designating the
Landmark or Historic District shall be recorded in the records of the Pueblo County Clerk
and Recorder by the City Clerk.
(k� Any owner of a cultural resource designated by ordinance as a Landmark or
within a Historic District may seek judicial review of such designation by the District Court.
County of Pueblo, Colorado, in the manner provided in Rule 106(a)(4). C.R.C.P. A
complaint seeking such review shall be filed in said District Court not later than thirty (30)
days after approval of the ordinance making such designation.
(l) All cultural resources listed with the consent of the then owners thereof on
the National Register of Historic Places as of the date of the enactment of this Chapter or
any subsequent properties, upon listing with the consent of the Owner thereof, will
automatically be included in the Pueblo Inventory of Cultural Resources as designated
Landmarks or as designated Historic Districts and shall be subject to the provisions of this
Chapter.
Sec. 4 -14 -9. Interim protection.
Except as provided in Sections 4 -14 -13 and 4- 14 -14, no demolition or building
permit shall be issued by the Regional Building Department after the Regional Building-
Department receives written notice from HPC that a complete application has been filed to
initiate designation of a Landmark or Historic District for any specific cultural resource,
which permit authorizes the alteration, construction, reconstruction, restoration, demolition,
or remodeling of the identified cultural resource. The provisions of this Section shall not be
applicable to a permit issued on or before the date of receipt of such written notice by the
Regional Building Department and such permit has not expired or been canceled or
revoked.
Sec. 4- 14 -10. Amendment or recession of designation.
A Landmark or Historic District designation may be amended or rescinded in the
same manner as the original designation was made.
Sec. 4- 14 -11. Certificate of Appropriateness.
u HPC shall develop and recommend for adoption to Council, Standards of
Appropriateness for the alteration, new construction, reconstruction, restoration,
rehabilitation and relocation of a Landmark or element within a Historic District which
standards shall consider, among other things:
M the intent and purpose of this Chapter.
u the special character, interest or value of the Landmark or Historic
District and its environs.
u the adverse effect of the proposed work on the exterior features of
the Landmark upon which such work is to be done.
the extent to which proposed improvements would be harmonious
with the character of a Historic District: and the relationship between
the results of such work and the exterior features of other
neighboring elements in such Historic District.
u scale, form, and composition of principal facades and relationship to
the street.
u It is the intent that such standards not discourage contemporary architectural
expression nor encourage the emulation of existing buildings or structures of historic or
architectural interest in specific detail within Landmarks or Historic Districts. Compatibility
should be evaluated in terms of the appropriateness of materials, scale, size, height,
placement, and use of a new building or structure in relationship to existing buildings and
structures and to the setting thereof.
u Except as otherwise provided in this Chapter, no Owner or any other person
shall carry out or cause to be carried out on a designated Landmark or an element within a
designated Historic District any alteration, construction, reconstruction, restoration,
rehabilitation, or relocation requiring a building permit, or to undertake or cause to be
undertaken any action for which a building permit is not required, which would result in any
alteration that would negatively impact the quality of the Landmark or Historic District which
qualified it for designation under this Chapter, without prior issuance of a Certificate of
Appropriateness therefor.
u Nothing in this Section shall be construed to prevent any work for the
Purpose of repairing any deterioration or decay of or damage to a structure or any part
thereof in order to restore the same to its condition prior to the occurrence of such
deterioration, decay, or damage.
Sec. 4- 14 -12. Application for Certificate of Appropriateness.
(a) Any Owner desiring to materially alter, restore, construct on, relocate,
remove, or in any way significantly change the feature of the cultural resource designated
as a Landmark or to an element within a designated Historic District shall submit to HPC an
application for a Certificate of Appropriateness on a form prescribed by HPC and available
at the Planning and Community Development Department.
All applications for a Certificate of Appropriateness shall be submitted by the
Owner to the Planning and Community Development Department. HPC shall establish
procedures for the filing of applications for a Certificate of Appropriateness, which shall
include, but not be limited to, the submission, of plans, drawings, elevations, photographs,
models, specifications, and material samples describing the activity for which the Certificate
of Appropriateness is required.
u Upon the receipt of a completed application for a Certificate of
Appropriateness and the fee therefor established by Council by Resolution. HPC shall
schedule the application for hearing at its next available monthly meeting. The Chairperson
of HPC may, at the request of the Owner, schedule a special meeting of HPC to hear the
application for a Certificate of Appropriateness. The hearing shall be conducted as near as
practicable in accordance with the procedures set forth in Section 4- 14 -8(e).
(d) If at the hearing on an application for a Certificate of Appropriateness. HPC
finds that the proposed work conforms with the Standards of Appropriateness. HPC shall
issue a Certificate of Appropriateness to the Owner.
u Changes in work found by the Owner to be necessary after the issuance of a
Certificate of Appropriateness which will not affect the design integrity or proposed
preservation activity may be approved by HPC staff.
If the proposed work does not conform with the Standards of
Appropriateness. HPC shall deny the Certificate of Appropriateness, or continue action
thereon for up to sixty (60) days with recommendation for amendments which the Owner
may wish to submit in a revised application.
Lqj All work performed on a designated Landmark or on an element within a
designated Historic District shall conform to the conditions, restrictions and limitations set
forth in the Certificate of Appropriateness.
The decision of HPC to grant or deny, or grant with modifications, an
application for a Certificate of Appropriateness shall contain written findings of fact applying
the Standards of Appropriateness enacted by Council to the designated Landmark or
element within the designated Historic District for which an application for Certificate of
Appropriateness has been filed.
If HPC fails to act upon a completed application for a Certificate of
Appropriateness within ninety (90) days after the date of filing the application. the
application shall be deemed to have been approved and HPC shall issue the requested
Certificate of Appropriateness. The ninety (90 ) day period may be extended by the mutual
consent of the Owner and HPC.
X1.1 The decision of HPC on an application for a Certificate of Appropriateness
shall be final. HPC shall deliver a copy of its findings and decision by first -class mail,
postage prepaid, to the Owner and the Regional Building Department together with notice
of the Owner's right to appeal the decision under Section 4- 14 -17.
Sec. 4- 14 -13. Demolition Permits.
La) HPC shall develop and recommend for adoption to Council, Demolition
Standards for the issuance of Demolition Permits. Such Demolition Standards shall
consider, among other things:
M The public's interest in the preservation of the cultural resource.
u The ability of the cultural resource to reasonably meet National.
State, or local criteria for designation as a landmark.
(3) The age of the cultural resource, its unusual or uncommon design,
texture, and /or material and its ability to be reproduced without
unreasonable difficulty and /or expense.
(4) The ability of the cultural resource to help preserve and protect a
historic place or prehistoric site or area of historic interest in the 2QIL
fQ The ability of the cultural resource to promote the general welfare of
the City by:
a. encouraging the study of American History, architecture, and
design;
b. by developing an understanding of the importance and value
of the American culture and heritage; and
C. by making the City a more attractive and desirable place in
which to live.
The cost and economic feasibility of restoring the cultural resources.
Except as otherwise provided in this Section, the Regional Building
Department shall not issue a permit to demolish a designated Landmark or an element
within a designated Historic District until after a Demolition Permit therefor is issued by HPC
pursuant to this Section. No Owner or any other person shall demolish or undertake to
demolish a designated Landmark or an element within a designated Historic District without
a Demolition Permit therefor.
u Applications for a Demolition Permit to demolish a designed Landmark or an
element within a designated Historic District shall be filed by the Owner with the Planning
and Community Development Department on forms prescribed by HPC together with the
fee established by Council by Resolution. HPC shall conduct a hearing upon an application
for Demolition Permit no later than forty -five (45) days after the application is filed. The
hearina shall be conducted as near as practicable in accordance with the procedures set
forth in Section 4- 14 -8(e).
let Notice of the time, date and place of the hearing on an application for a
Demolition Permit shall be mailed by first -class mail, postage prepaid, to the Owner at least
ten (10) days before the hearing.
Ll If HPC fails to act upon a completed application for a Demolition Permit
within sixty (60) days after the date of filing the application, the requested Demolition Permit
shall be deemed to have been issued by HPC. The sixty (60) day period may be extended
by the mutual consent of HPC and the Owner.
Lq) The decision of HPC to grant or deny a Demolition Permit shall contain
written findings of fact applying the Demolition Standards for issuance of Demolition
Permits enacted by Council to the designated Landmark or element within the designated
Historic District for which an application for a Demolition Permit has been filed.
No Demolition Permit shall be required to be issued by HPC for the
demolition of any designated Landmark or element within a designated Historic District
determined to be a dangerous building or structure pursuant to the provisions of Chapter
13, Title IV of this Code and ordered to be demolished by the Building Board of Appeals.
ail The decision of HPC shall be final. HPC shall deliver a copy of its findings
and decision by first -class mail, postage prepaid, to the Owner and the Regional Building
Department together with notice of the Owner's right to appeal the decision under Section
4- 14 -17.
Sec. 4-14-14. Emergencies.
Notwithstanding any provision of this Chapter to the contrary, if any designated
Landmark or element within a designated Historic District is damaged by fire, act of God, or
other casualty, the Building Official, Chief of the Fire Department, or other public authority
having the power to do so, may order or direct the construction, reconstruction, alteration,
repair, relocation or demolition of such damaged Landmark or element within a Historic
District for the purpose of remedying or eliminating conditions which constitute an imminent
danger to life, health or property. A copy of any such order directing the construction,
reconstruction, alteration, repair, relocation or demolition shall be sent to HPC and the
Department of Planning and Community Development.
Sec. 4- 14 -15. Certificate of Economic Hardship.
Lal An application for a Certificate of Economic Hardship may be submitted by
the Owner of a designated Landmark or an element in a designated Historic District to HPC
on forms to be prescribed by HPC and payment of the fee established by Council by
Resolution. The application shall include plans for any proposed alteration, reconstruction,
removal, relocation or demolition.
HPC may, at its discretion, solicit testimony, schedule a public hearing, or
require that the Owner for a Certificate of Economic Hardship make submissions
concerning any or all of the information set forth below before it makes a determination on
the application.
W An estimate of the cost of the proposed alteration, restoration,
construction, removal, restoration, or demolition and an estimate of any additional cost that
would be incurred to comply with the recommendations of HPC for changes necessary for
the issuance of a Certificate of Appropriateness;
u A report from a licensed engineer or architect with experience in
rehabilitation as to the structural soundness of the Landmark or element within a Historic
District and its suitability for rehabilitation;
(3) The estimated market value of the Landmark or element within a
Historic District in its current condition: after completion of the proposed alteration,
restoration, construction, removal, relocation, or demolition: after any changes
recommended by HPC: and, in the case of a proposed demolition, after renovation for
continued use;
(4) In the case of a proposed demolition, an estimate from an architect,
developer, real estate consultant, appraiser, or other real estate professional experienced in
rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing
Landmark or element within a Historic District;
(5) The amount paid for the Landmark or element within a Historic
District, the date of purchase, and the party from whom purchased, including a description
of the relationship, if any, between the Owner and the person from whom the Landmark or
element within a Historic District was purchased, and any terms of financing between them:
(66) If the Landmark or element within a Historic District is income-
-producing, the annual gross income therefrom for the previous two (2) years: and
depreciation deduction and annual cash flow before and after debt service, if any, during
the same period:
(7) The remaining_ balance on any mortgage or other financing secured
by the Landmark or element within a Historic District and annual debt service, if any, for the
previous two (2) years:
JW All appraisals obtained within the previous two (2) years by the
Owner in connection with the purchase, financing, or ownership of the Landmark or element
within a Historic District:
(9) Any listing of the Landmark or element within a Historic District for
sale or rent, the purchase price asked and offers received, if any, within the previous two
2 ears•
10 The actual valuation and assessed value of the Landmark or element
within a Historic District according to the two (2) most recent assessments:
(11) The form of ownership or operation of the Landmark or element
within a Historic District, whether individual, sole proprietorship, for - profit or not - for - profit
corporation, limited partnership, joint venture, or other: and
(13) Any other information the Owner chooses to provide.
(c) In the event that any of the information is not reasonably available to the
Owner, cannot be obtained by the Owner, or may not be disclosed without a substantial
adverse impact on the Owner, the Owner may file with HPC a description of the information
which cannot be provided and describe the reasons that the information cannot be
provided.
(d) HPC shall review all the evidence and information required of an Owner for a
Certificate of Economic Hardship and make a determination whether the denial of a
Certificate of Economic Hardship has deprived, or will deprive, the Owner reasonable use
of, or economic return on. the Landmark or element within a Historic District. Failure of
HPC to act within sixty (60) calendar days after the date a completed application is
received, unless an extension is agreed upon in writing by the Owner and HPC, shall be
deemed to constitute approval and a Certificate of Economic Hardship shall be issued by
HPC authorizing the proposed alteration, restoration, construction, removal or demolition.
u Upon a finding by HPC that without approval of the proposed alteration,
restoration, construction, removal, relocation, or demolition, all use of, or economic return
from a Landmark or element within a Historic District will be denied the Owner, HPC shall
issue a Certificate of Economic Hardship authorizing the proposed alteration, restoration,
construction, removal or demolition.
u Upon a finding by HPC that without approval of the proposed alteration,
restoration, construction, removal, relocation, or demolition, the Landmark or the element
within a Historic District cannot be put to reasonable use or the Owner cannot obtain a
reasonable economic return therefrom, HPC shall issue a Certificate of Economic Hardship
authorizing alteration, restoration, construction, removal, relocation, or demolition which
may not be in strict conformance with the Standards of Appropriateness but are consistent
with the purposes of this Chapter. If HPC finds differently, it shall deny the application for a
Certificate of Economic Hardship.
W) The decision of HPC shall be final. HPC shall deliver a copy of its findings
and decision by first -class mail, postage prepaid to the Owner and Regional Building
Department together with notice of the Owner's right to appeal the decision under Section
4- 14 -17.
Sec. 4-14-16. Maintenance.
Designated Landmarks and elements within designated Historic Districts shall be
maintained to meet requirements of Title IV and Chapter 1 of Title VIII of this Code. HPC,
on its own initiative, may file a complaint with the Building Official or Health Officer
requesting that said official proceed under the applicable provisions of this Code to require
correction of such defects or to make required repairs.
Sec. 4-14-17. Appeals.
Any Owner or other interested person adversely affected by a final decision of HPC
with respect to an application for a Certificate of Appropriateness, an application for a
Demolition Permit, or an application for a Certificate of Economic Hardship may seek
judicial review by the District Court, Pueblo County. Colorado, in the manner provided in
Rule 106(a)(4), C.R.C.P.. A complaint seeking such review shall be filed in said District
Court not later than thirty (30) days after the final decision of HPC.
Sec. 4-14-18. Penalties.
u Any Berson who violates any provision of this Chapter shall be -guilty of a
Class 2 Municipal Offense and shall be punished by a fine of not more than Three Hundred
Dollars ($300.00)
(b1 For purposes of this Chapter, each day during which there exists any
violation of any provision herein shall constitute a separate violation of such provision.
Sec. 4- 14 -19. Iniu nction
Whenever anv person has engaged in or is about to engage in anv act or practice
which constitutes or will constitute a violation of Sections 4- 14- 11(c), 4- 14- 12(h), or 4-14 -
13(b), the City Manager may direct the City Attorney to file an action in the District Court.
County of Pueblo, Colorado for an order enjoining the act or practice, or requiring the
person to refrain from the prospective violation, or to remedy the violation by restoring the
affected property to its previous condition. The District Court shall, in addition to any other
relief, award City its costs and expenses of such action including reasonable attorney fees.
Sec. 4-14-20. Severability.
The requirements and provisions of this Chapter are severable. If any article,
section, paragraph, sentence or portion hereof, be declared by any court of competent
jurisdiction to be void, invalid, or inoperative, such declaration shall not affect the validity or
aDDlicability of this Chapter as a whole or of anv Dart hereof other than the part held void.
invalid, or otherwise inoperative
SECTION 2
This ordinance shall become effective January 1, 2003.
INTRODUCED August 26, 2002
BY Patrick Avalos
Councilperson
APPROVED: • )
President of City Council
ATTEST:
City C
PASSED AND APPROVED: September 9. 2002