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Title 17
HISTORIC PRESERVATION
Chapters:
17.04 Historic Preservation Regulations
17.08 Historic Preservation District (move Chapter
1.30)
Chapter 17.04
Historic Preservation Regulations*
Sections:
17.04.010 Short Title.
17.04.020 Introduction and Purpose.
17.04.030 Definitions.
17.04.040 Designation of Historic Districts.
17.04.050 Material Change of Appearance Certification.
17.04.060 Incentive Awards.
17.04.070 Maintenance of Structures.
17.04.080 Demolition of Structures.
17.04.090 Economic Hardship.
17.04.100 Appeals.
17.04.110 Enforcement and Penalties.
17.04.120 Withdrawal Provisions.
17.04.130 Severability.
* Prior ordinance history: Ord. 0979; 0987.
17.04.010 Short Title.
The ordinance codified in this chapter shall be known and
may be cited as "The Historic Preservation Regulations Ordinance of the City of Manitou Springs, Colorado."
17.04.020 Introduction and Purpose.
A. Introduction
1. By virtue of Chapter 17.08 Historic Preservation
District(s) exist in Manitou Springs. Structures and
Features in the Historic District are categorized as
being either:
a. Contributing Significant
b. Contributing Altered
c. Noncontributing Compatible
d. Noncontributing Intrusive
B. The purpose of this chapter
is to:
1. Promote the educational, cultural, economic, and general
welfare of the public through the protection, enhancement,
and perpetuation of districts of historic and cultural significance,
and to instill and foster civic pride in the legacy and achievements
of the past.
2. Improve the economic vitality of the historic areas of
the community through encouraging and fostering historic
Rehabilitation of Structures.
3. Promote compatible architectural design of infill Structures.
4. Promote and encourage private Rehabilitation and ownership
of historic Structures.
17.04.030 Definitions. (The following terms
appear capitalized throughout this Chapter and Chapter
2.52.)
As used in this chapter, the following words and phrases
shall apply:
A. “Alteration”
Any change or modification, through public or
private action, to the exterior of any property located
within an Historic District or to the interior areas
of publicly owned Structures. Alterations include, but
are not limited to, exterior changes to or modification
of a S tructure, architectural details or visual
Characteristics such as: surface texture; surface paving;
and the placement or removal of any exterior objects
such as signs, plaques, light fixtures, street furniture,
walls, fences, steps, plantings and landscape accessories
affecting the exterior visual qualities of the property
as viewed from a public right-of-way. Painting is not
considered an Alteration unless the painted Features
and/or unpainted Features are designated as significant
or Characteristic of a Resource. Alteration also includes
the Construction of new Structures, removal of significant
trees and natural Features or the disturbance of archeological
sites or areas.
B. “Characteristic”
The same as “Feature.”
C. “City”
The City of Manitou Springs.
D. "Commission"
The Manitou Springs Historic Preservation Commission as
established by this Chapter 2.52
E. “Construction”
Any work for which a Building Permit Application
is required, and also including installation of fences
and installation or painting of signs.
F. “Contributing Resource”
A Resource within an Historic District that
embodies the significant physical Characteristics and
Features, or adds to the historical associations, historic
architectural qualities or archaeological values identified
for an Historic District, and which was present during
the Period of Significance, relates to the documented
significance of the property, and possesses Integrity
or is capable of yielding important information about
the period. Contributing Resources may be designated
as either Contributing Significant or Contributing Altered
on the Resource Inventory.
G. “Demolition”
The complete destruction of a Resource or removal
of more than thirty percent (30%) of the perimeter walls,
or removal of any portion of a street-facing façade.
H. “Design Guidelines”
The principles contained in a document prepared
by the Commission and adopted by the City Council that
illustrate appropriate and inappropriate methods of Rehabilitation,
Alteration and Construction.
I. “Feature”
Fixtures and/or architectural elements embodying
style, design, general arrangement and components or
appurtenances attached to, contiguous to or otherwise
related to a building, Structure or property including,
without limitation, the kind, color and texture of building
materials, landscaping, setbacks, distinguishing aspects,
roof attributes, overlays, moldings, sculptures, fountains,
light fixtures, the type and style of all windows and
doors, monuments, signs and other fixtures. “Feature” may include
interior areas of publicly-owned structures that are
accessible or made available to the public.
J. “Good Repair”
That level of maintenance and repair which clearly
furthers the continued availability of structures for
use and prevents their deterioration, dilapidation and
decay.
C. “Guidelines” means the Manitou Springs Design Guidelines
by Downing/Leach and Associates (1981) as adopted and amended,
and the Design Plan for Downtown Manitou Springs, Colorado,
by Barber & Yergensen (1978).
K. "Historic District"
An area so designated by the City Council containing a significant
proportion of buildings, structures, or sites which, considered
as a whole:
1. Represents one or more distinctive styles or periods
of architecture, or methods of Construction or both; or
2. Is associated with persons or events that have made significant
contributions to the course of local, state, or natural history;
or
3. Possesses a coherent and distinctive visual character
or Integrity based upon similarity of scale, design, color,
setting, workmanship, materials, or combination thereof,
which is deemed to add significantly to the historic value
and attractiveness of properties within such area.
A. “Historic landmark” means a structure, site or landscape
feature within, or outside of, the historic district, designated
by the city council to be of outstanding historic or architectural
significance.
L. “Improvement”
Any physical Feature that is not a natural Feature.
M. “Integrity”
The survival of a sufficient amount of a Contributing
Resource's character-defining materials, design Features
and building fabric, which allows the observer to comprehend
the Resource as a product of its Period of Significance.
E. “Manitou Springs Historic Preservation District” means
the area defined in Ordinance 0780, dated March 4, 1980,
referred to as the local historic preservation district.
F. “Material Change of Appearance” means any change, visible
from the public right-of-way of the external appearance of
a building, improvement, or site within the local or national
historic preservation districts specifically limited to:
1. Changes in the exterior size, configuration, fenestration,
or other permanent physical features of the property; or
2. Demolition or removal of any or all parts of an historic
or architecturally-significant structure; or
3. An excavation or over one hundred cubic yards on any
property, or the deposit of any waste, fill or other material
over thirty cubic yards on any property; or
4. Any alteration in size, location or appearance of any
sign on property in the Downtown Zone as defined by the Zoning
Ordinance of the City which requires a permit and does not
conform to the provisions of the Design Guidelines, or the
Manitou Springs Sign Ordinance, or is an after-the-fact review.
5.
Any change of coloration of facades in the Downtown Zone
as defined by the Zoning Ordinance of the City of Manitou
Springs. Nothing in this definition shall be construed to prohibit
or limit normal repairs or maintenance which do not involve
alterations or changes to the external appearance of the
property.
N. "Material Change of Appearance Certification
(MCAC)"
A process, pursuant to this Chapter, for consideration
of such plans, specifications, statements of work and
any other information which is reasonably required to
make a decision on any Proposed Project.
O. “Minimum Maintenance Requirements”
Those standards adopted by the City requiring
property owners to maintain in good repair the buildings,
structures and lands within an Historic District.
G. “National Historic Preservation District” means the Manitou
Springs multiple resource area as listed on the National
Register of Historic Places.
P. “Noncontributing Resource”
A property or Structure within an Historic District
that is not identified as a Contributing Resource and
may be designated as Noncontributing Compatible or Noncontributing
Intrusive in the Resource Inventory.
Q. “Ordinary Maintenance and Repair”
Any work, the sole purpose and effect of which
is to prevent or correct deterioration, decay or damage,
including repair of damage caused by fire or other disaster
and which does not result in a change in the historic
appearance and materials of a property.
R. “Period of Significance”
The time during which a Structure or neighborhood
gained historical significance.
H. “Permitted Sign means any sign for which a permit has
been issued pursuant to Chapter 15.16 of this code of ordinances.
S. “Planning Department”
The Manitou Springs Department of Planning and
Community Development.
T. “Preservation”
The identification, study, protection, Restoration,
Rehabilitation or enhancement of Resources.
U. "Primary Structure"
Any Structure intended for long-term residential or commercial
use. For the purpose of this Chapter, Resources
such as carriage houses or cottages shall be considered Primary
Structures.
V. “Proposed Project”
Any proposed Alteration, addition, Rehabilitation
or Demolition to a property or any new Construction,
when a MCAC is required.
W. “Quorum”
A simple majority of the Commission.
X. “Rehabilitation”
The act or process of returning a Structure
to a state of utility through repair or Alteration which
makes possible an efficient contemporary use while preserving
those portions or Features of a Resource which are significant
to its historical, architectural and cultural value.
Y. “Relocation”
The act or process of moving a Structure from
one site to another site, or to a different location
on the same site.
Z. “Resource”
Any Improvement, Structure, archaeological Feature,
natural Feature, object or site located within a Historic
District, or in the case of an area nominated as an Historic
District, outside of an existing Historic District. (See
definitions for Contributing Resource and Noncontributing
Resource.)
AA. “Resource Inventory”
A listing of Surveyed Resources which notes
their significance to the City as adopted by resolution
and as may be amended from time to time.
BB. “Restoration”
The act or process of accurately recovering
the form and details of a Structure and its setting as
it appeared at a particular period of time by means of
the removal of later work or by the replacement of missing
earlier work.
CC. "Secondary Structure"
Any Structure intended for vehicle or materials storage,
animal habitation or for the purposes of retaining earth.
DD. “Staff”
The designated employee(s) of the City of Manitou
Springs Planning Department.
EE. “Structure”
Anything constructed or erected, including buildings
intended for use or occupancy with substantial walls
and roof, the use of which requires permanent location
on the ground.
FF. “Survey”
A process by which Structures, Features, objects
or sites within specified geographic areas are documented
relative to their placement on the Resource Inventory
or possible eligibility for consideration as an Historic
District.
17.04.040 Powers and duties. Designation
of Historic Districts.
A. The Commission may conduct Surveys
and studies for the identification and
designation of Historic D istricts
meeting the definitions requirements established
by this chapter.
B. A group of Resources may be designated by
the City Council, upon the recommendation of the Commission,
as an Historic District if:
1. The majority of the properties reflect significant
geographical patterns, including those associated with
different eras of settlement and growth, particular transportation
modes or distinctive examples of park or community planning;
or
2. The majority of the properties convey a sense
of historic or architectural cohesiveness through their
design, setting, materials, workmanship or association;
or
3. The majority of the properties have historic
significance and retain a high degree of Integrity; or
4. The area in general is associated with an
historically significant period in the development of
the community or is associated with special historical
events; or
5. The majority of the properties embody distinctive
Characteristics of a style, type, period or method of
Construction, or are a valuable example of the use of
indigenous materials or craftsmanship; or
6. The majority of the properties represent
the works of notable builders, designers or architects.
C. Designation Nomination.
1. An Historic District may be nominated by
the City Council, the Commission, the owner(s) of the
structure(s) to be designated or upon a
petition from any person, group or organization.
2. No City permits shall be issued for any reason
while an Historic District nomination is pending, except
for Ordinary Maintenance and Repair that does not diminish
the Integrity of any Resource.
D. Public Hearing.
1. Within 180 days of the receipt of a nomination ,
the Commission shall conduct a public hearing
on such nomination and make a recommendation
regarding the designation of an Historic District to
City Council . Any recommendation
in favor of designation, shall include a proposed
ordinance establishing such Historic District
and describing the boundary thereof.
2. Within sixty (60) days of the
receipt of the recommendation and proposed ordinance, Staff shall
report to the City Council on the relation of such designation
to the general development plan, Zoning Ordinance, proposed
public improvements, and any other plans for the renewal
of the area involved. Upon submission of the recommendation ,
or upon the expiration of the sixty-day (60) period, the
matter shall be transmitted to the City Council for consideration.
3. Discussion of the recommendation
of the Commission and the Staff report shall
be scheduled for the next, regular City
Council worksession. The Council will then either
schedule further discussion for another worksession, or proceed
to consideration of the recommendation at the next, regularly
scheduled meeting and conduct a public hearing
on an ordinance establishing the proposed Historic District (if
applicable) .
E. Notification.
Notice of the date, time, place and purpose
of the hearing before the City Council shall be given
in a newspaper of general circulation and be posted at
all street intersections within the boundaries of a proposed
Historic District not less than ten (10) days nor more
than thirty (30) days prior to the date of the hearing.
F. Designation Ordinance.
1. An Historic District shall be designated
by a numbered ordinance of the City Council. The Council
shall consider the facts and findings submitted in the
Commission's recommendation.
2. Each such designating ordinance shall include
a description of the Characteristics of the Historic
District which justifies its designation, a description
of the key Features that should be preserved, a description
of the location and boundaries of the Historic District
(including assessor parcel numbers) and a map.
3. A list of all Resources in an Historic District,
noting their designation as a Contributing Resource or
Noncontributing Resource, shall be included with the
designation ordinance.
G. Notice of Action.
1. Within 30 days of Council approval, Staff
shall cause a copy of the designating ordinance to be
recorded in the office of the County Clerk and Recorder.
2. Within 90 days of Council approval, Staff
shall transmit a notice of the ordinance to owner(s)
of all Resource(s) in the Historic District.
H. Repeal or Amendment of Designation.
The City Council, after recommendation of the
Commission, shall consider a repeal or amendment of a
previously approved Historic District designation in
the same manner provided by this Chapter for the designation
of the Historic District if it no longer meets the designation
criteria.
17.04.050 Material Change of Appearance Certification
(MCAC).
A. Required.
1. No Alteration visible
from a public right-of-way of a Structure,
exterior sign or historic landscape within an Historic
D istrict shall be made or permitted to
be made by the owner or occupant thereof until an application
for MCAC has been approved and, subsequently,
any required permits have
been obtained for such changes.
2. Any person, owner or other
entity is required to apply for and receive approval
of a MCAC for any Proposed Project in an Historic District
including, but not limited to any of the following:
a. Any new Construction.
b. Any Restoration, Rehabilitation, Alteration,
addition or change in the exterior size, configuration,
fenestration or other permanent physical Feature.
c. Any change to major interior architectural
Features of a publicly-owned Resource.
d. Any Alteration in the size,
location, or appearance of any sign on property in the Downtown
Zone as defined by the Zoning Ordinance of the City, which
requires a permit and does not conform to the provisions
of the Design Guidelines or the City Sign
Ordinance, or is an after-the-fact review.
e. The Demolition of a Structure (refer to Chapter
17.04.080).
3. In the following cases, a MCAC is
not required, and Staff shall
process the Proposed Project application without further
reference to this Chapter:
a. When the application is for a permit to construct on
the site of a Resource that has been lawfully demolished
and which is not in an Historic District.
a b . When the application is
for a permit to make interior Alterations only to a privately-owned
Structure.
b c . When the application is
for a permit to do Ordinary Maintenance and Repairs only.
c d . When any measures of Construction
or Alteration are necessary to correct the unsafe or dangerous
condition of any Structure, so long as only that Construction
or Alteration necessary to correct the condition is performed.
4. After approval of the designation
by the council , It
shall be the duty of the Commission to review all M aterial C hanges of A ppearance Certification
applications for any Structure or site within
an Historic District, or landmark boundary, except those
which are exempt from review by the Commission. Other provisions
notwithstanding, the Commission shall review all individually-listed
National Register properties.
B. General Provisions for a MCAC.
1. All applications, and required materials,
for Proposed Projects which require a MCAC shall be submitted
to the Planning Department and accompanied by the appropriate
application form, as developed by the Commission for
this purpose, and applicable fee. The following information
shall accompany the application:
a. Owner's name.
b. Street address of the proposal.
c. Developer or contractor's name, if other than the owner.
d. Architect's name, if commissioned.
e. Approximate dates of Construction of any
existing Improvements on the property.
f. Site plan per Planning Commission requirements.
g. A description of any existing Improvements
on the property.
h. A statement describing the scope of the project, the
design intentions, and a comment on the project's visual
impact on its surroundings.
i. A detailed description of the proposal. For a project
involving commercial property, detailed line drawings or
plans, drawn to scale and including colored elevations,
must be submitted to receive a recommendation
or approval
of the project. A project involving residential property
must have understandable drawings, drawn to scale, showing
elevations, and clear details.
j. Description of the proposed type of all exterior materials.
k. Photographs of the existing property and its relationship
to the surrounding area.
l. For Applications for properties
in the Downtown Zone additional information or
documentation may be required such as a photo simulation,
massing model, streetscape elevation, streetscape or building
perspective and extended site plan incorporating the existing
Resources surrounding the proposed Construction which demonstrates
its overall compatibility in relation to siting, scale, height
and massing .
2. If an application for MCAC is found to be
incomplete, it shall be returned to the applicant for
revision. Applications will not be scheduled for Commission
review until a complete application, as determined by
Staff, is submitted.
3. The Commission shall provide detailed information
on the MCAC hearing process in its By-laws.
4. Notice of an Application for a MCAC Hearing.
a. Notice of the date, time, place and purpose
of the MCAC hearing shall be given in a newspaper of
general circulation and be posted on the subject property
not less than ten (10) days nor more than thirty (30)
days prior to the date of the hearing.
b. Not less than ten (10) days prior to the
hearing date, a notice shall be mailed to property owners
within a 100 foot radius, excluding public rights-of-way,
of the Proposed Project for which a MCAC is being sought.
5 . The Commission shall approve
the application only if it finds either:
a. That the proposed change is
consistent with the Design Guidelines ,
or
b. That the denial of a
Proposed Project would result
in economic hardship as set forth in section 17.04.090
of this Chapter.
6 . Except for MCAC
proceedings under Section 17.04.080 , the
failure of the Commission to act within thirty (30) days
from the required submittal deadline date and
filing of a complete an application, unless
an extension is agreed upon mutually by the applicant
and the Commission, shall be deemed to constitute approval.
In the event, however, that the Commission shall make
a
finding that the circumstances of a particular application
require more time for additional study and information than
can be obtained within the aforesaid period of thirty (30)
days, then the Commission shall have a period of up to an
additional thirty (30) days within which to act upon such
an application.
7 . The Regional Building Department, the
Planning Department , or any other local
authorities shall not issue a regulated permit which authorizes an
Alteration to a Resource within an Historic
District until an MCAC has
been approved . Such approvals
are valid for one year from the date of issuance.
8 . There shall be a final inspection
and approval by Staff prior to
final inspection by other governmental agencies having jurisdiction,
e.g., Regional Building Department. The final approval certifies
that the work is in compliance with the Commission approval.
C. Findings for MCAC.
1. The Commission shall approve ,
conditionally approve or disapprove submitted
plans.
2. The Commission shall make its
decision based upon this Chapter, the Design
Guidelines, as adopted and amended , the
contents of the application and the meeting record pertaining
to the request .
3. If the Commission disapproves the submitted
plans, it shall state its reasons for doing so and shall cause a
written record of such action and reasons for disapproval
to be transmitted to the applicant. Whenever
possible, t he Commission will recommend revisions
of the applicant's plans if it disapproves the Proposed
Project as submitted. The applicant may make
modifications and resubmit the application at any time.
17.04.060 Incentive Awards.
A. In order to carry out more effectively and
equitably the purpose of this Chapter, the Commission
may recommend that the Council, by resolution, adopt
a program of economic and other incentives to support
the Preservation, maintenance and appropriate Rehabilitation
of the City's Resources.
B. When a proposed material change
of appearance MCAC has received
HPC approval been approved by the Commission ,
has been completed, and has passed final inspection by the
city Staff , the owner of the improved
property (whether it be for commercial or residential use)
shall be eligible to apply for the following incentive awards
so long as said property is included in an Historic District
at of the time of the renovation and application for the
award :
1. Value Added Incentive Award.
a. An owner who constructs approved improvements
to a landmark or a building a Resource within
an Historic District shall be entitled to claim an incentive
award in an amount equal to one hundred percent (100%) of
the City's share of income from ad valorem taxes so paid
by said owner upon increased assessed valuation resulting
from the improvements for the first five calendar years following
reassessment of the property.
b. The amount of this claim shall
be determined by applying the City mill rate levied in the
year of the improvements to the difference between the assessed
value before and after the improvements.
c. Said owner may make annual
claims for this award in the same amount in each of the five
years immediately following the year in which the assessor
has increased the assessed value of the improvements.
d. The annual claim is to be made
on a form to be designed by the Finance Director and accompanied
by the County Treasurer's tax bill for the year before and
the year after the improvements.
2. Use Tax Refund Incentive Award.
Any person who constructs approved improvements
to a landmark or a building a Resource within
an Historic District shall be eligible to apply for an award
of one hundred percent (100%) of the Use Tax collected on
the actual price paid for building materials and fixtures
incorporated in the improvements. The term "actual price" is
defined as the net result of reconciling the estimated Use
Tax paid upon issuance of the building permit with the actual
use tax paid upon completion of the improvements. An application
for such an award shall be filed with the Chief Administrative
Officer Finance Office.
3. Other Incentive Awards
Owners of property who qualify for incentive awards authorized
in subsections (1) and /or (2) of
this section are also eligible to apply for waiver
of the following
fees and charges specified elsewhere in the Municipal Code:
a. Up to one hundred percent (100%) of Planning Commission
and Fire Department fees and charges;
b. Up to one hundred percent (100%) of Water/Sewer Department
fees and charges specified as follows:
(1) Chapter 13.20.040(B) Water System improvement fees.
(2) Chapter 13.20.050(B), Sewer System improvement fees.
17.04.070 Maintenance of Structures
A. General.
Nothing contained in this Chapter shall be construed
to prevent Ordinary Maintenance and Repair of any exterior
Features of a Resource within an Historic District which
does not involve any material change or modification
of exterior Features. In such cases, the work shall be
approved by Staff, and no MCAC from the Commission shall
be required. Examples of this work shall include, but
not be limited to, the following:
1. Caulking or re-glazing windows.
2. Exterior repairs using materials of like
kind and quality to original.
3. Construction, Demolition or Alteration of
side and rear yard fences.
4. Repairing or re-paving of existing paving,
concrete work and walkways, if work complies with the
Design Guidelines specifically in regard to colored concrete.
5. Repair or replacement of roofing materials,
if no change in appearance occurs and either original
materials are restored or materials which meet the Design
Guidelines are utilized.
6. Repair or replacement of the building foundation,
if materials which conform to the Design Guidelines are
utilized and/or no change in appearance occurs.
7. Repair or replacement of an existing chimney,
if materials which conform to the Design Guidelines are
utilized and/or no change in appearance occurs.
8. Landscaping, unless the Resource Inventory
designation specifically identifies the existing landscape
layout, Features or elements as having particular historical,
architectural or cultural significance.
9. Repair, replacement or installation of gutters
and downspouts in compliance with the Design Guidelines
if painted to match the building and no exterior trim
elements are altered in any way. B.
Minimum Maintenance Requirements.
Every owner, person, business or entity in possession
or control of a Resource in an Historic District shall
keep, preserve and maintain the property and premises
in Good Repair and free from structural defects through
the prompt repair of any of the following:
1. Facades which may fall and injure members
of the public or property.
2. Deteriorated or inadequate foundation, defective
or deteriorated flooring or floor supports, deteriorated
walls or other vertical structural supports.
3. Members of ceilings, roofs, ceiling and roof
supports or other horizontal members which age, split
or buckle due to defective material or deterioration.
4. Deteriorated or ineffective waterproofing
of exterior walls, roofs, foundations or floors, including
broken windows or doors.
5. Defective or insufficient weather protection
for exterior wall covering, including lack of paint or
other protective covering.
6. Any fault or defect in the building which
renders it not properly watertight or structurally unsafe.
17.04.080 Demolition of Structures.
H.1. Demolition of structures located within historic districts
deemed by the commission to be of a particular architectural
or historic significance shall be prohibited unless, upon
application, the commission finds that the prohibition of
demolition prevents the owner of the property from earning
any reasonable return on the property;
A. Prior to initiating an order
for the Demolition of any Resource located
within an Historic District, City Council shall obtain
the advice of the Commission as to the historic significance
of the Structure or architectural Feature for which Demolition
is under consideration.
B. Final approval of any MCAC application for
Demolition shall reside with the City Council.
C. The following process shall be utilized for
the review of an application for Demolition:
1. The administrative review process shall be initiated
upon the receipt of a Demolition
application. Staff shall schedule complete applications
determined to require Commission review for the next regularly
scheduled meeting.
2. Prior to the initiation of
Commission review , the planning
department Staff will perform
an administrative review examine the application
for completeness and to determine if the Structure
in question is:
a. A Primary Structure over fifty
years old, or less than fifty years old if locally landmarked
or eligible for landmarking and either listed
on the National Register of Historic Places or eligible for
such designation; or
b. A Secondary Structure over
fifty years old deemed important to the interpretation of
the specific property or an Historic District as a whole.
3. If a complete application for the Demolition
of a Structure s which
are is determined to qualify
in one of the above categories in Section
17.04.080(C)(2), it shall be forwarded for
commission review to the Commission for
review and recommendation to City Council .
4. Structures that do not qualify per section
17.04.080(C)(2) Primary structures less
than fifty years old or secondary structures which do
not contribute to the historic context of the property
or the district shall be approved for Demolition administratively,
unless the planning department Staff wishes determines
it is in the best interests of the Historic District
or Resource to submit the matter for review
to the Commission for review.
5. An application for the Demolition of a Structure
shall be made in writing and be accompanied by the appropriate
application form and fee. The following information pertaining
to the Resource shall accompany the application:
a. Statements regarding the architectural and
historical significance.
b. A report on the structural integrity, as
provided by at least one (1) certified, structural engineer.
c. The location within an Historic District,
as shown on a vicinity map.
d. The economic feasibility of Rehabilitation,
including the anticipated economic return after Rehabilitation
has been completed.
e. The applicant's plans if the Demolition is
approved. No removal or Demolition shall be considered
if plans for the use of the property after Demolition
are not provided. Such a plan should be in accordance
with any adopted Design Guidelines.
f. Feasible alternatives to Demolition including,
but not limited to, abatement of the immediate threat
through repair, securing the premises through security
fencing or other measures, stabilization and limited
Demolition.
g. If Demolition is approved, proof that the
owner has the financial ability, demonstrated by appropriate
documentary evidence, to complete the proposed plans
for the property.
h. Any other information which the Commission
may deem appropriate to further the purposes and objectives
of this Chapter.
6. If an application for Demolition is found
to be incomplete, it shall be returned to the applicant
for revision. Applications will not be scheduled for
Commission review until such time as a complete application,
as determined by Staff, is submitted.
7. A preliminary, fact-finding hearing to review
the proposed Demolition before the full Commission shall
be scheduled for the earliest regular meeting, not less
than fifteen (15) days or more than forty-five (45) days
after the date of filing the application.
a. No formal action will be made by the Commission
at the preliminary hearing.
b. The Commission may require the applicant
to provide more detailed information for the final hearing
on a proposed Demolition.
8. After the preliminary, fact-finding hearing
the application for Demolition will be placed on the
agenda for the next regular meeting after the preliminary
hearing. At the time of the final hearing, the Commission
shall make a written recommendation to the City Council
regarding the request for Demolition. The Commission
may:
a. Recommend approval of the application for
Demolition as submitted.
b. Recommend approval of the application for
Demolition with conditions.
c. Recommend disapproval of the application
for Demolition as submitted.
9. After final Commission action regarding the
request for the Demolition of a Resource, the application
will be placed on the next regular meeting of the City
Council.
10. The purpose of the City Council hearing
regarding the request for Demolition is not to re-hear
the proposal or allow the applicant to present new or
amended materials, but rather, to consider the recommendation
of the Commission. The City Council shall consider the
following when making its final decision:
a. Did the Commission follow and properly apply
the intent of this Chapter in making its recommendation
to the City Council? If the answer is yes, then the Commission's
recommendation should be adopted.
b. Are there any other extenuating circumstances
that the Commission could not consider, because such
circumstances were outside the Commission's purview,
that would affect the outcome of this decision?
(1) If the answer is yes, then re-hearing the
application before the City Council may be appropriate.
(2) If the answer is no, then the City Council
should enact the Commission's recommendation per Section
17.04.080(10)(a) above.
E. The City Council shall take any of the following
courses of action:
1. Approve the application for Demolition as
submitted.
2. Request more information from the applicant
and place the request for Demolition on the agenda of
the next regular meeting per Section 17.04.080(10)(b)(1).
3. Request more information from the applicant
and require re-presentation of the request before the
Commission.
4. Disapprove the application for Demolition.
If the City Council disapproves the request for Demolition,
the applicant and/or property owner must wait a 12 month
period from the date of denial before re-submitting another
request for Demolition of the Structure and must bring
the Structure into compliance with the maintenance provisions
in Section 17.04.070 of this Chapter. In no instance
may a property owner allow a Structure to be effectively
demolished through a lack of maintenance.
F. Any and all customary and reasonable costs
incurred by the City to cover expenses for such things
as engineering, architectural, and other consultations
shall be charged to the applicant above and beyond other
relevant fees.
G. 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 Council upon the advice of either the Regional
Building Department or the City Fire Department, and where
the proposed measures have been declared necessary by the
City Council to correct the condition, as long as only such
work that is absolutely necessary to correct the condition
is performed.
H. Applications for the Relocation of Resources
within an Historic District shall be reviewed in the
same manner as applications for Demolition.
I. Dangerous Structures Resulting from Natural
Disaster.
1. The provisions of this section shall not
be construed to regulate, restrict, limit or modify the
authority of the City to administratively issue permits
for the Demolition of a Resource in an Historic District,
that is determined to be dangerous by damage from a natural
disaster. However, the City will first determine:
a. Whether the condition of the Structure(s)
is immediately dangerous within the meaning of the Municipal
Code; and
b. Whether there are any feasible alternatives
to Demolition that will adequately protect the health
and safety of the public including, but not limited to,
abatement of the immediate threat through repair, securing
the premises through security fencing or other measures,
stabilization and limited Demolition.
2. If the City determines that the Structure
is immediately dangerous and that there is no feasible
alternative to Demolition, the City may issue a permit
authorizing the Demolition of the Structure without complying
with this Chapter.
J. Lawful Demolition or Removal.
1. When a Resource has been lawfully demolished
or removed pursuant to any provisions of this Chapter,
the Commission shall downgrade the property to a Noncontributing
Resource designation.
2. Resources in which the Commission finds that
more than fifty percent (50%) of the significant Features
and Characteristics are destroyed by natural disaster(s)
shall be considered lawfully demolished or removed for
the purposes of this section.
17.04.090 Economic Hardship.
A. General Provisions
1. The Commission may consider the nature and
extent of economic hardship or of limitation(s) on the
reasonable economic return or use of the property that
could result should the application be denied, or the
decision of Staff upheld. The Commission may require
and consider any information, including documents and
testimony of expert witnesses, as to the nature and extent
of any economic hardship to the applicant which could
result from the specific decisions of the City.
2. To prove the existence of a condition of
economic hardship, the applicant must establish and the
Commission must find the Resource is incapable of earning
a reasonable economic return without making the Alterations
or Demolition proposed. This finding shall be made by
considering, and the applicant shall submit to the Commission
evidence establishing, the following factors:
a. That an undue economic hardship to the applicant
would result from denial or a recommendation of disapproval
of the application, or from upholding the decision of
Staff; and
b. That no feasible alternatives or mitigation
measures are available to the applicant; and
c. That the applicant would not enjoy reasonable
economic use or return from the property should the Proposed
Project be disapproved, or the decision of Staff upheld;
and
d. That the nature or extent of economic hardship
that would result from the disapproval of a Proposed
Project application would exceed the historic or cultural
value of the Resource; and
e. The hardship is not created by the conduct
of the applicant.
3. The current level of economic return on the
Resource shall be established by considering, and the
applicant shall submit to the Commission evidence establishing,
the following information:
a. The amount paid for the Resource, the date
of purchase, and party from whom purchased, including
a description of the relationship, if any, between the
owner and the person from whom the Resource was purchased;
b. The annual gross and net income, if any,
from the Resource for the previous four (4) years; itemized
operating and maintenance expenses for the previous four
(4) years; and depreciation deduction and annual cash
flow before and after debt service, if any, during the
same period;
c. The remaining balance on any mortgage or
other financing secured by the Resource and annual debt
service, if any, during the prior four (4) years;
d. Real estate taxes for the previous four (4)
years and assessed value of the Resource according to
the two (2) most recent assessed valuations;
e. All appraisals obtained within the previous
three (3) years by the owner in connection with the purchase,
financing or ownership of the Resource;
f. The current fair market value of the Resource
at the time the application is filed;
g. Form of ownership or operation of the Resource;
h. Any state or federal income tax returns on
or relating to the Resource for the previous two (2)
years.
4. If the owner and/or applicant claims that
the Resource is not marketable or able to be sold when
listed for sale or lease, the Commission shall consider,
and the applicant shall submit evidence establishing,
the following:
a. The sale price asked, and offers received,
if any, within the previous two (2) years;
b. Any statements or testimony offered by a
real estate broker or firm engaged to sell or lease the
Resource;
c. Reasonableness of the price or lease sought
by the owner;
d. Any advertisements placed for the sale or
lease of the Resource.
5. If the owner and/or applicant claims that
there are no feasible alternative uses which enable the
Resource to earn a reasonable economic return, the Commission
shall consider, and the applicant shall submit evidence
establishing, the following:
a. A report from a licensed engineer or architect
with experience in historic restoration or Rehabilitation
as to the structural soundness of the Resource and its
suitability for Restoration or Rehabilitation;
b. At least two (2) competitive estimates of
costs for the proposed Alteration and any additional
costs that would be incurred to rehabilitate the Structure
in accordance with the Design Guidelines;
c. Estimated market value of the Resource in
the current condition and after completion of the proposed
Alteration; and, in the case of proposed Demolition,
after Rehabilitation of the Resource for continued use;
d. In the case of proposed Demolition, the testimony
of an architect, developer, real estate consultant, appraiser
or other real estate professional experienced in historic
restoration or Rehabilitation as to the economic feasibility
of Rehabilitation or reuse of the existing Resource;
e. The unfeasibility of new Construction around,
above, or below the Resource.
6. The Commission may also consider any potential
economic incentives and/or funding available to the owner
through federal, state, county, City or private programs.
7. Notwithstanding the foregoing enumerated
factors, the applicant may also provide other appropriate
factors applicable to economic return that they deem
necessary.
B. In order to decide on the above issues, the
Commission shall have the authority to request additional
facts, documents or expertise beyond those provided by
the applicant. The cost(s) to the applicant, if any,
to provide such additional facts, documents or expertise
as may be requested by the Commission may be considered
if or when the nature and extent of relief to be granted,
if any, is decided.
C. The Commission may appoint an expert or experts
to provide advice and/or testimony concerning the value
of the Resource, the availability of incentives and the
economic impacts of approval or disapproval of a MCAC
application.
D. Any adverse economic impact caused intentionally
or by willful neglect shall not constitute a basis for
granting a MCAC application.
17.04.100 Appeals.
Appeals from the decision or actions of the historic preservation
commission may be taken to the city council for review and
shall be reviewed on the basis of the record of the HPC meeting
and whether or not the guidelines were adhered to.
A. In accord with the following provisions,
any applicant or other interested person dissatisfied
with any action taken under this Chapter may appeal such
action and decision:
1. Unless otherwise indicated, appeals of the
decision(s) of the Staff in taking any of the actions
authorized by this Chapter, shall be made to the Commission.
Appeals of the decision(s) of the Commission in taking
any of the actions authorized by this Chapter shall be
made to the City Council.
2. Unless otherwise indicated, all appeals shall
be made in writing and be accompanied by the appropriate
fee. Appeals must be received by the Planning Department
not later than ten (10) working days following the date
of action from which such appeal is being taken.
a. The letter of appeal must state:
(1) the specific action objected to;
(2) the action appellant requests the Commission
or City Council to take;
(3) the reason for the appeal; and
(4) the name, address and telephone number of
the appellant or contact person if there are multiple
appellants.
3. Within three (3) working days of receipt
of the appeal, Staff shall examine the appeal, and if
it is found to be incomplete, return it to the appellant
for revision. Appellant shall have five (5) working days
to file an amended appeal. Upon failure to file an amended
appeal within said five (5) days, the appeal shall be
deemed withdrawn.
4. The receipt of a written appeal shall stay
all actions, or put in abeyance all permits or other
discretionary approvals which may have been granted,
pending the effective date of the decision of the body
hearing the appeal.
5. Appeals shall be scheduled for the next regular
meeting of the hearing body, consistent with the agenda
preparation procedures and schedule of the hearing body.
6. Appeals from the decision or actions of either
Staff or the Commission shall be reviewed on the basis
of the record of the decision or meeting to determine
whether or not the Design Guidelines were adhered to.
17.04.110 Enforcement and Penalties.
It is unlawful for any person to make any material change
in or upon any property within any local historic preservation
district without first applying for and receiving the approval
of the historic preservation commission. It is also unlawful
for any person to make any such material change other than
is authorized by approval of the historic preservation commission.
Any person convicted of a violation of this section shall
be punishable as provided in Section 1.01.100, as amended,
of this code. Properties which have exercised the option
of withdrawal are excluded from the provisions of this section.
A. General.
1. Enforcement.
a. The City, or its designee, is hereby authorized
to enforce the provisions of this Chapter and, in addition,
all other available powers authorized under City ordinance
or statute. The City Attorney is authorized to take such
legal actions as are provided under City ordinance or
statute.
2. Civil Penalties.
a. In addition to any other remedy or relief
to which the City may be entitled, any person or entity
who violates or fails or refuses to comply with any requirement
of this Chapter shall be punishable as
provided in Section 1.01.100, as amended, of this Code
of Ordinances; and
b. For any Demolition, in whole or in part,
of a Resource in an Historic District without a MCAC
pursuant to this Chapter and in addition to the above
penalty, no building or use permits will be issued for
any development or use of the subject property for a
period of ten (10) calendar years following conviction
of the offense.
3. Restoration Required.
Any person, business or entity who constructs,
alters, removes or demolishes a Resource in an Historic
District, or an interior area of a publicly-owned Structure
in violation of this Chapter shall be required to restore
the Structure to its appearance or setting prior to the
violation to the extent such Restoration is physically
possible. Any action to enforce this provision may be
brought by the City or any other interested party. This
civil remedy shall be in addition to, and not in-lieu
of, any criminal prosecution and penalty or other remedy
provided by law.
4. Private Right of Action.
Any person, entity, association or organization
aggrieved by a violation of any provision or requirement
of this Chapter shall be entitled and have the right
to file an action and/or proceeding against any owner(s)
of a Resource and/or property described in the Resource
Inventory to enjoin any such violation of this Chapter
or to compel compliance with any provision or requirement
of this Chapter. Any such person, entity, association
or organization which prevails or is successful in any
such action or proceeding shall be entitled, in addition
to any other relief, to recover all reasonable costs,
expenses and attorneys fees incurred in such action or
proceeding.
17.04.120 Withdrawal Provisions
A. For the Historic District established in
Chapter 17.08 by Ordinance
0780 dated March 4, 1980 , as amended, the following provisions will apply:
1. Each property owner who has exercised the option of withdrawal
shall be notified and shall be invited to return his or her
property to the local historic preservation district, by
submitting a signed letter of participation to the city council;
2. The owner of the property in the local historic preservation
district shall be given the opportunity to exercise the option
of withdrawal from the local historic preservation district
by submitting a signed petition to the city council within
sixty days from the date of passage of this ordinance;
1 . 3 . Property within the boundaries
of the Historic District which has been withdrawn from the
district shall be re-included in the Historic District
at such time as the property is hereafter sold or conveyed
to another owner or owners. Re-inclusion shall not occur
if the conveyance is by personal representative's deed, or
by operation of joint tenancy, to an heir at law of the present
owner or owners, or if the conveyance is through repossession
or foreclosure. The burden of proof shall be upon such heirs
to demonstrate such conveyance.
4. After November 1, 1994, all new owners of property previously
withdrawn from the local historic improvement district shall
be notified by the City Planning Department staff, by certified
mail, return receipt requested, of the opportunity to withdraw
from the district, the advantages of remaining in the district,
and the action required to keep the property withdrawn if
the owner so desires. Such new owners shall have sixty days
from the date of mailing of said letter to exercise the option
of withdrawal from the district. The Planning Department
staff shall maintain permanent files in which copies of said
letters, and of the return receipts or undelivered letters,
shall be kept;
5. All purchasers of real property within the boundaries
of the local historic improvement district who purchased
said property between September 1, 1987, and November 1,
1994, whether or not said property was previously withdrawn
from the district, are hereby granted the opportunity until
December 31, 1994, to withdraw said property from the district
by mailing a letter by certified mail to the City of Manitou
Springs, which letter states that the owner thereby withdraws
the property described therein by street address and legal
description from the district;
2 . 6. Withdrawal of a property
from the Historic District does not remove the property from
the maintenance requirements contained in Section
17.04.070 or the Demolition review
and approval requirements contained in section
17.04.080 hereof.
17.04.130 Severability.
Should any article, section, clause, or provisions
of this Ordinance be declared by the court to be invalid,
the same shall not affect the validity of the Ordinance
as a whole or any part thereof, other than the part so
declared to be invalid. |
