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Chapter 2.52
HISTORIC PRESERVATION COMMISSION
Sections:
2.52.010 Created
2.52.020 Membership.
2.52.030 Rules and Procedures.
2.52.040 Commission Powers and Duties.
2.52.050 Delegation of Powers and Duties.
2.52.060 Commission Meetings
2.52.070 Staff
2.52.010 Created
An Historic Preservation Commission is created
with the authority to, among other things:
A. Review and approve, conditionally approve
or deny alterations to existing resources or new construction
in the Historic District through the Material Change
of Appearance Certification process, hereinafter referred
to as MCAC.
B. Review and make recommendations to the Manitou
Springs City Council regarding demolition of certain
resources within the Historic District.
C. Review and make recommendations to the Manitou
Springs City Council regarding designation of Historic
Districts.
D. Implement public awareness and incentive
programs to promote Historic Preservation.
2.52.020 Membership.
A. The Commission shall consist
of seven (7) members, and up to three alternate members,
who shall be residents and qualified electors of the City.
No member of the City Council or spouse or family
member of a Commission member or Councilperson, or City
employee shall serve as a member of the Commission. Members
of the Commission shall be appointed to serve three-year
terms, commencing March 1 st , in any given year.
B. Members and alternates of the Commission should possess
expertise in architecture, law, construction, city planning,
or preservation in general.
B. The City shall
appoint both professional and lay Commission members
and alternates who have a demonstrated interest, knowledge
or training in fields closely related to historic preservation
such as history, architecture, landscape architecture,
archeology, planning the building trades, real estate
or law. At least three (3) of the seven (7) regular members
should be professionals in preservation related disciplines
such as architecture, architectural history, archaeology,
history, American studies, American civilization, cultural
geography or cultural anthropology. When professionals
from the above disciplines are not represented in the
Commission membership, the City shall seek additional
expertise in the unrepresented area when considering
National Register or Historic District nominations, or
when any other actions are taken which may effect properties
and which are normally evaluated by professionals in
that discipline.
C. Alternate Commission members
shall have voting powers only when sitting on the Commission
for an absent member. Alternates shall sit on the Commission
on a rotating basis when a regular Commission member or members
is /are absent. The maximum number
of alternates who may serve in place of regular members at
a Commission meeting shall be two (2).
D. Members appointed to fill vacancies
occurring on the Commission shall serve only for the unexpired
term of the member replaced.
E. Vacancies on the Commission
shall be filled by appointment by the City Council.
F. Commission members and alternates
shall serve without compensation.
G. No member of the city council shall serve as a member
of the historic preservation commission. No commissioner
shall vote on any question in which he has any interest other
than the common public interest.
G. A simple majority of the commission
shall constitute a Quorum shall be necessary for
the transaction of business.
H. The roll shall be taken at
each meeting and any member who misses three (3) consecutive
meetings without being excused shall be deemed removed from
office and the City Council shall appoint a replacement member
to fill the unexpired term. Any member may be removed by
the City Council for cause, including, but not limited to,
conviction of a felony crime or conflict of direct,
financial interest (per section
2.52.030(D)(2) .
2.52.030 Rules and Procedures.
A. Elections.
1. The election of officers shall
take place at the first regular meeting in March of each
year. The historic preservation commission shall elect from its membership a chairman
and vice chairman whose terms of office shall be fixed by
the commission. The chairman shall preside over the
commission and shall have the right to vote. The vice-chairman
shall, in the absence or disability of the chairman,
perform the duties of the chairman.
B. The city manager shall designate a person to serve as
secretary to the commission, or the commission may elect
a secretary from its members.
C. The commission shall adopt procedures as approved by
city council for the transaction of its regular business.
D. The commission shall keep a record,
which shall be open to public inspection, of its resolutions,
proceedings, and actions. The vote or failure to vote of
each member shall be recorded. No member of the commission
shall abstain unless he or she has a financial interest
in the matter under consideration,
and is excused from voting by the commission for that reason.
The affirmative vote of the majority of those members present
shall constitute approval of plans submitted for review by
the commission, or for the adoption of any resolution,
motion, or other action of the commission. The commission
shall submit an annual report of its activities to the city
council.
E. The commission may propose and
make available to the public design guidelines, as recommended
by the commission
and as adopted by city council, by which all proposed changes
to structures, sites, or sections of the city deemed historically
significant shall be judged.
2. Election shall
be by a majority vote of the members present electing
the officers.
3. The Commission shall elect
from its membership a Chair and Vice Chair whose terms of
office shall be one year. Such officers shall
hold office until resignation, removal or disqualification,
or until election of a successor.
4. Officers may be re-elected, but not to exceed
two (2) consecutive terms.
B. The Chair shall preside over
the Commission and shall have the right to vote. The Vice
Chair shall, in the absence or disability of the Chair, perform
the duties of the Chair. In the absence or disability
of both the Chair and Vice Chair, the next most senior Commission
member in attendance shall perform the duties of the Chair.
C. The Commission shall adopt
procedures as approved by City Council for the transaction
of its regular business.
D. Voting.
1. The Commission shall keep a record, which shall be open
to public inspection, of its resolutions, proceedings, and
actions. The vote or failure to vote of each member shall
be recorded.
2. Except during the consideration
of meeting minutes pertaining to when a Commission member
was not present, no member of the Commission shall
abstain unless he or she has a direct financial interest
in the matter under consideration, and is excused from
voting by the Commission for that reason.
3. The affirmative vote of a majority of those members present
shall constitute approval of applications submitted for review
by the Commission, or for the adoption of any resolution,
motion, or other action of the Commission.
2.52.040 Commission Powers and Duties.
A . The Commission shall have the
following powers and duties:
1. Make recommendations to the City Council
regarding the Historic Preservation element(s) of the
City's Vision Plan.
2. Take steps to encourage or bring about preservation
of resources.
3. As directed by City Council, review and comment
on land use, housing, redevelopment and other types of
planning and programs undertaken by an agency of the
City, the county or state as they relate to the resources
of the City.
4. Recommend to the City Council the purchase
of fee, or less than fee, interests in property for the
purposes of Historic Preservation.
5. Investigate and report to the City Council
on the use of various federal, state, local or private
funding sources and mechanisms available to promote Historic
Preservation.
6. Promote the Preservation and historic character
of resources in Historic Districts.
7. Participate in, promote and conduct public
information, educational and interpretive programs pertaining
to resources.
8. Make recommendations to the City Council
on the designation of resources and Historic Districts
in accordance with this Chapter.
9. Establish and maintain a list of resources
within any Historic District. The Commission shall also
publicize and periodically update the Resources Inventory.
10. Approve, conditionally approve or disapprove
applications for a MCAC, as provided for
in Chapter 17.04.
11. Make recommendations to the City Council
on the Demolition of Resources, as provided for in
Chapter 17.04.
12. Each Commission member shall attend meetings
and, in preparation for such, shall visit
sites, read the provided materials, and take
whatever actions necessary to become familiar with the
issues (absent ex parte contacts).
13. Prepare and recommend for City Council approval
Design Guidelines for the review of
applications for Material Changes of Appearance.
14. Render advice and guidance, upon the request
of the property owner or occupant, on new
construction or the restoration, alteration,
landscaping or maintenance of any property either outside
Historic District boundaries or withdrawn from participation
in an Historic District.
15. Perform any other functions requested by
the City Council.
2.52.050 Delegation of Powers and Duties.
The Commission delegates its decision-making
authority to Staff to approve or disapprove the following
applications:
1. Applications specified in Chapter 17.04,
Section 050(A)(3).
2. Ordinary Maintenance and Repair as provided
in Chapter 17.04, Section 070(A).
3. Installation of signs which conform with
the Sign Ordinance and Sign Design Guideline regulations.
4. Minor amendments to a previously approved
MCAC which conforms to the Design Guidelines and has
no impact on the approved design.
5. Additions or Alterations to Noncontributing
resources which increase the floor area by 25% or less,
will not result in the structure being visually or architecturally
intrusive and which do not require Planning permission.
6. All projects which, upon Staff review, are
determined to have no significant or detrimental impacts
on the resource or Historic District and do not require
Planning permission.
7. Construction of secondary structures which
do not exceed 120 square feet, do not have a permanent
foundation, are not located in the front of the property
and do not require Planning permission.
2.52.060 Commission Meetings.
The Commission shall meet at least once each
month, unless there is no new business scheduled.
2.52.070 Staff.
The Planning Staff shall perform the following
duties on behalf of the Historic Preservation Commission:
1. Administer the City's historic preservation
office.
2. Conduct citywide surveys and updates to help
maintain the Resource Inventory.
3. Consult with other City departments regarding
Design Guidelines and resource surveys performed in conjunction
with proposed projects.
4. Serve as Secretary to the Commission.
5. Maintain the City's records in regard to
the withdrawal status of properties within the Historic
District.
6. Render advice and guidance on new construction
or the restoration, alteration, landscaping or maintenance
of any Resource.
7. Make recommendations to the Historic Preservation
Commission, Planning Commission and City Council regarding
proposed projects involving structures in an Historic
District.
8. Determine the completeness of applications.
9. Perform such other functions as provided
for in Section 2.52.050 and Chapter 17.04 or any other
applicable law. |
