HomeMy WebLinkAboutordinance.council.021-95
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ORDINANCE #21
(Series of 1995)
AN ORDINANCE OF THE CITY OF ASPEN, COLORADO, TO AMEND THE FOLLOWING
SECTIONS OF THE ASPEN MUNICIPAL CODE:
24-7-601, General Applicability and Requirements (Development in
a H, Historic overlay District or involving a Historic Landmark)
24-7-602, Demolition, partial demolition or relocation
24-7-603, Insubstantial amendment of development order
24-7-604, Appeal and call up
24-7-606, Minimum maintenance requirements
24-7-703, Procedure for designation, amendment, rescinding
24-7-704, Application
24-7-706, Placement on the City's official zone district map
24-7-709, Establishment of inventory of historic structures
WHEREAS, the "Design Quality and Historic Preservation"
chapter of the Aspen Area Community Plan (AACP) recommended
"amend(ing) the city Code to require review of alterations and
additions to all historic resources identified on the Aspen
Inventory of Historic sites and structures;" and
WHEREAS, the Aspen Historic Preservation commission's (HPC)
Goals and Objectives as outlined in HPC Resolution 92-1, include
"amend(ing) the four (4) Development Review Standards, and other
technical issues in the Land Use Regulations involving historic
preservation for consistency and clarity" and to "expand HPC review
authority over all resources identified on the Inventory of
Historic sites and Structures" and to "continue to expand upon our
list of incentives," and this is now being undertaken; and
WHEREAS, the Historic Preservation commission held two
worksessions on the proposed code amendments, on January 25, 1995
and February 22, 1995; and
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WHEREAS, section 24-7-1103 of the Municipal Code provides that
amendments to Chapter 24, to wit, "Land Use Regulations," shall be
reviewed and recommended for approval by the Planning Director and
then by the Planning and Zoning commission at public hearing, and
then approved, approved with conditions, or disapproved by the City
Council at a public hearing; and
WHEREAS, the planning and zoning commission reviewed the
proposed amendments and did conduct a public hearing thereon on
March 7 and March 21, 1995 and voted 5-0 to recommend adoption of
said code amendments by City Council; and
WHEREAS, upon review and consideration of the text amendments,
agency and public comment thereon, and those applicable standards
as contained in Chapter 24 of the Municipal Code, to wit, Division
11 of Article 7 (Text Amendments), the Aspen City Council hereby
adopts the text amendments recommended by the Planning Director
and Planning and Zoning commission pursuant to procedure as
authorized by Section 24-6-205 (A) (5) of the Municipal Code; and
WHEREAS, the Aspen city Council finds that the text amendments
meet or exceed all applicable development standards and are
consistent with the goals and elements of the Aspen Area
community Plan; and
WHEREAS, the Aspen City Council finds that these amendments
further and are necessary for public health, safety, and welfare
and the proposed text amendments will allow and promote
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compatibility of zone districts and land uses with existing land
uses and neighborhood characteristics and will be consistent with
the public welfare and the purposes and intent of Chapter 24 of the
Municipal Code.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OR THE CITY OF
ASPEN, COLORADO:
section 1
That Article 7, sections 7-601, 7-602, 7-603, 7-604, 7-606, 7-703,
7-704, 7-706, and 7-709 are hereby amended to read as follows:
DIVISION 6. DEVELOPMENT IN AN "H", HISTORIC OVERLAY DISTRICT, OR
INVOLVING THE INVENTORY OF HISTORIC SITES AND STRUCTURES
Sec. 7-601. Minor Development, significant Development, and
Exemptions.
A. General. Any development within an "H", Historic Overlay
District, or development involving a historic landmark must be
reviewed in accordance with the provisions of this section 7-601
and Common Procedures, Article 6, Division 2, unless exempted by
the community development director under section 7-601(C). If not
exempted, development is categorized as minor or significant
development which must obtain approval of the HPC. Minor
development review and approval is a one-step process and requires
no public hearing. Significant development must go through a
conceptual and final development plan review and approval process,
with a public hearing occurring at the time of conceptual
development plan review.
B. General prohibition. No development shall be permitted
within the "H", Historic Overlay District, or involving a historic
landmark unless:
1. The development is not subject to the provisions of this
section; or
2. The development is exempted pursuant to section 7-
601(C)j or
3 .
The development is approved by the HPC as either minor
or significant development pursuant to the procedures
outlined in Common Procedures, Article 6, Division 2,
because it meets the standards of section 7-601(D).
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C. Exemption.
1. Development which is not subj ect to the provisions of
this section shall include any interior remodeling of a
structure, repainting of the exterior of an already
painted structure, and choice of color of any exterior
architectural feature. Such development shall not require
the review by the community development director or HPC,
and shall proceed directly to building permit review,
when a building permit is required for the development.
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Development which the community development director
shall exempt from HPC review shall include repair of
existing architectural features, replacement of
architectural features when found necessary for the
preservation of the structure, and similar remodeling
activities which create no change to the exterior
appearance of the structure and have no impact on its
character. The community development director shall
exempt awnings, canopies, fences, mechanical equipment
or other similar attachments to, or accessory features
of a structure, provided however, that in the process of
erecting said attachments, none of the significant
features of the structure are destroyed or permanently
removed. Incidental destruction or limited removal
necessary to erect any attachment shall not make the
action significant development. The community
development director shall exempt signs which are not
reviewed under section 7-601(F) (2) (A) . Within the
Commercial Core, the community development director shall
exempt any insignificant changes in the site design of
an individual property, such as paving and new street
furni ture. The community development director shall
exempt any development required for compliance with the
Americans with Disabilities Act when it affects a non-
historic structure in the "H", Historic Overlay District,
and has no significant impact on the character of the
structure. For any of the exemptions listed above, the
community development director may place conditions on
the exemption which are relevant to mitigation of impacts
to the affected historic site or structure or to adjacent
historic sites or structures. An appeal of a community
development director exemption is to the historic
preservation commission. The community development
director may also determine that any of the above
applications are more appropriately reviewed by HPC as
a minor development, because of significant effects upon
historic resources.
3 .
Before any proposed development can be considered for.an
exemption under the provisions of this section, an
application for exemption shall be submitted to the
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community development director in the form provided by
the community development director.
D. Review standards for all development in the "H," Historic
Overlay District, and all development involving historic landmarks.
1. Development in the "H," Historic Overlay District, and
all Development involving historic landmarks. No approval
for any development in the "H," Historic Overlay
District, or involving historic landmarks shall be
granted unless the HPC finds that all of the following
standards are met.
a.
The proposed development is compatible in general
design, massing and volume, scale, and site plan
with designated historic structures located on the
parcel and with development on adjacent parcels when
the subject site is in an "H," Historic overlay
District, or is adjacent to an Historic Landmark.
For Historic Landmarks where proposed development
would extend into front yard, side yard and rear
yard setbacks, extend into the minimum distance
between buildings on the lot or exceed the allowed
floor area by up to 500 sq. ft. or the allowed site
coverage by up to 5%, HPC may grant such variances
after making a finding that such variation is more
compatible in character with the historic landmark
and the neighborhood, than would be development in
accord with dimensional requirements. In no event
shall variations pursuant to this section exceed
those variations allowed under the Cottage Infill
Program for detached accessory dwelling units,
pursuant to section 5-510(B) (2).
b. The proposed development reflects and is consistent
with the character of the neighborhood of the parcel
proposed for development; and
c. The proposed development enhances or does not
detract from the historic significance of designated
historic structures located on the parcel proposed
for development or adjacent parcels; and
d. The proposed development enhances or does not
diminish or detract from the architectural character
and integrity of a designated historic structure or
part thereof.
2 .
Addi tional development guidelines. The city council, upon
recommendation of the HPC, shall establish additional
guidelines for use by HPC in the review of all
development in an "H," Historic overlay District, and
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invol ving historic landmarks, in accordance with the
procedures in Article 4 Division 1.
E. Minor development.
1. Procedure for review. Before HPC approval of minor
development and of all development involving historic
landmarks, a development application shall be submitted
to the community development director and reviewed and
approved by the HPC pursuant to the procedures
established in Common Procedures, Article 6, Division 2.
2. Definition. Minor development shall be defined as
follows:
a. Remodeling of a structure where alterations are made
to no more than one element of the structure,
including but not limited to a roof, window, door,
skylight, ornamental trim, siding, kickplate,
dormer, porch, staircase, and balcony;
b. Expansion or erection of a structure wherein the
increase in floor area of the structure is two
hundred fifty (250) square feet or less; or
c.
Erection or remodeling of combinations of, or
multiples of no more than three (3) of the following
features: awnings, canopies, signs, fences and other
similar attachments; or windows, doors, skylights
and dormers. Erection of more than three (3) of the
above listed features may be defined as minor if
there is a finding that the cumulative impact of
such development is minor in its effect on the
character of the existing structures.
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d. Erection of street furniture, signs, benches, public
art, or similar development which is to be placed
throughout the Commercial Core or Main street
Historic Districts. The community development
director may determine that the development is to
be reviewed as a significant development, pursuant
to section 7-601(F). Public hearing requirements
will not apply.
3 .
Application. A development application
development shall include the following:
for minor
a. The general application information required in
Section 6-202.
b.
If determined appropriate by the
community development director, a
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site plan or survey showing property
boundaries and predominant existing
site characteristics.
c. An accurate representation of all maj or building
materials, such as samples and photographs, to be
used for the proposed development.
d. A scale drawing of the proposed development in
relation to any existing structure.
e. A statement of the effect of the proposed
development on the original design of the historic
structure (if applicable) and character of the
neighborhood.
F. Significant development.
1. Procedure for review. Before HPC approval of significant
development within an "H," Historic Overlay District,
and of all development involving historic landmarks, a
conceptual development plan and final development plan
shall be reviewed and approved by the HPC pursuant to
the procedures established in Common Procedures, Article
6, Division 2.
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Definition. significant development shall be defined as
follows:
a. Erection of an awning, canopy, sign, fence or other
similar attachments to, or accessory features of,
a structure that, in the process of erecting, cause
significant features of the structure to be
permanently destroyed or removed;
b.
Erection
multiples
which has
or remodeling of combinations of, or
of any single feature of a structure
not been determined to be minor;
c. Expansion or erection of a structure wherein the
increase in floor area of the structure is more
than two hundred fifty (250) square feet;
d. Construction of a new structure within an "H,"
Historic Overlay District; and
e.
The development of any property which is listed on
the inventory of historic sites and structures and
which has received approval for demolition or off-
site relocation when a development plan has been
required by the HPC pursuant to Section 7-
602 (J) (5) .
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Conceptual development plan.
a. Development application for conceptual development
plan. A development application for a conceptual
development plan shall include the following:
(1) The general application information required
in section 6-202.
(2)
A site plan and
boundaries and
characteristics.
a survey Showing property
predominant existing site
(3)
conceptual selection of
materials to be used
development.
major
in the
building
proposed
(4) A statement of the effect of the proposed
development on the original design of the
historic structure (if applicable) and/or
character of neighborhood.
(5)
Scale drawings of
proposed structures,
all elevations of any
including a roof plan.
(6) A visual description of the neighborhood
context through at least one of the following:
diagrams, maps, photographs, models, or
streets cape elevations, with the intent to
provide HPC with the necessary information
without adding excessive costs to the
applicant.
b. Effect of approval of conceptual development plan.
Approval of a conceptual development plan shall not
constitute final approval of significant
development or permission to proceed with
development. Such approval shall constitute only
authorization to proceed with a development
application for a final development plan.
4.
c. Limitation on approval of conceptual development
plan. Application for a final development plan
shall be filed within one (1) year of the date of
approval of a conceptual development plan. Unless
an extension is granted by the HPC, failure to file
such an application shall render null and void the
approval of a conceptual development plan
previously granted by the HPC.
Final development plan.
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a.
Submission of application for final development
plan. A development application for a final
development plan shall include:
(1) The general application information required
in section 6-202.
(2) Reserved.
(3 )
of all major
samples and
the proposed
An accurate representation
building materials, such as
photographs, to be used for
development.
(4) Finalized drawings of the proposal at 1/4"=1' 0
scale.
(5) A statement of the effect of the details of
the proposed development on the original
design of the historic structure (if
applicable) and character of the neighborhood.
(6) A statement of how the final development plan
conforms to the representations made during
the conceptual review and responds to any
conditions placed thereon.
(Ord. No. 6-1989, ~ 9; Ord. No. 60-1990, ~ 3)
Sec. 7-602. Demolition, partial demolition, off-site relocation,
on-site relocation, or temporary relocation.
A. General. No demolition, partial demolition, off-site
relocation, on-site relocation, or temporary relocation of any
structure included in the Inventory of Historic sites and
Structures of the city of Aspen, established pursuant to section
7-709, or any structure within an "H" Historic Overlay District,
shall be permitted unless the demolition, partial demolition, off-
site relocation, on-site relocation, or temporary relocation is
approved by the HPC because it meets the applicable standards of
section 7-602(B), (C), (D), (E), or (F) unless exempted pursuant
to section 7-602 (G) or (H). For the purposes of this section,
"demolition" shall mean the total razing of any structure on an
inventoried parcel which contributes to the historic significance
of that parcel. "Partial demolition" shall mean the razing of a
portion of any structure on an inventoried parcel or the total
razing of any structure on an inventoried parcel which does not
contribute to the historic significance of that parcel.
B. Standards
demolition shall be
following standards
for review of demolition. No approval for
granted unless the HPC finds that all of the
are met.
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1.
The structure proposed for demolition
structurally sound despite evidence of the
efforts to properly maintain the struc1:ure; and
is not
owner's
2. The structure cannot be rehabilitated or reused on site
to provide for any reasonable beneficial use of the
property; and
3. The structure cannot be practicably moved to another
site in Aspen; and
4. The applicant demonstrates that the proposal mitigates
to the greatest extent practical, the following:
a. Any impacts that occur to the character of the
neighborhood where demolition is proposed to occur.
b.
Any impact on the historic significance of
structure or structures located on the parcel
adjacent parcels.
the
and
c. Any impact to the architectural character and
integrity of the structure or structures located on
the parcel and adjacent parcels.
C. standards for review of partial demolition. No approval
for partial demolition shall be granted unless the HPC finds that
all of the following standards are met:
1. The partial demolition is required for the renovation,
restoration or rehabilitation of the structure, or the
structure does not contribute to the historic
significance of the parcel; and
2. The applicant has mitigated, to the greatest extent
possible:
a. Impacts on the historic significance of the
structure or structures located on the parcel by
limiting demolition of original or significant
features and additions.
b. Impacts on the architectural character or integrity
of the structure or structures located on the
parcel by designing new additions so that they are
compatible in mass and scale with the historic
structure.
D. standards for review of off-site relocation. No approval
for off-site relocation shall be granted unless the HPC finds that
all of the following standards are met:
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1.
The structure cannot be rehabilitated or reused on its
original site to provide for any reasonable beneficial
use of the property; and
2. The relocation activity is demonstrated to be the best
preservation method for the character and integrity of
the structure, and the historic integrity of the
existing neighborhood and adjacent structures will not
be diminished due to the relocation; and
3. The structure has been demonstrated to be capable .of
withstanding the physical impacts of the relocation and
re-siting. A structural report shall be submitted by a
licensed engineer demonstrating the soundness of the
structure proposed for relocation; and
4. A relocation plan shall be submitted, including posting
a bond or other financial security with the engineering
department, as approved by the HPC, to insure the safe
relocation, preservation and repair (if required) of the
structure, site preparation and infrastructure
connections. The receiving site shall be prepared in
advance of the physical relocation; and
5.
The receiving site is compatible in nature to the
structure or structures proposed to be moved, the
character of the neighborhood is consistent with the
architectural integrity of the structure, and the
relocation of the historic structure would not diminish
the integrity or character of the neighborhood of the
receiving site. An acceptance letter from the property
owner of the receiving site shall be submitted.
E. Standards for review of on-site relocation. No approval
for on-site relocation shall be granted unless the HPC finds that
the standards of section 7-602(D) (2), (3), and (4) have been met.
If the structure that is to be relocated does not contribute to
the historic significance of the parcel, only standard 7-602(D) (2)
must be met.
F. Standards for review of temporary relocation. No
approval for temporary relocation shall be granted unless the HPC
finds that the standards of section 7-602(D) (3) and (4) have been
met.
G. Exemption for structures within an "H," Historic Overlay
District. The demolition, partial demolition, off-site relocation,
on-site relocation, or temporary relocation of a structure located
within an "H" Historic Overlay District, may be exempt from
meeting the applicable standards in section 7.602(B), (C), fir (D)
,(E) or (F) if the HPC finds that the following conditions have
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been met:
1. The structure is not identified on the Inventory of
Historic sites and structures.
2. The structure is considered to be noncontributing to the
historic district.
3. The structure does not contribute to the overall
character of the historic district, and that its
demolition, partial demolition, off-site relocation, on-
site relocation or temporary relocation does not impact
the character of the historic district.
4. The demolition, partial demolition, off-site relocation,
on-site relocation or temporary relocation is necessary
for the redevelopment of the parcel.
5. The redevelopment or new development is reviewed by HPC.
pursuant to section 7-601.
H. Exemption for structures which do not contribute to the
historic significance of an inventoried parcel. A structure which
does not contribute to the historic significance of an inventoried
parcel is exempt from meeting the standards of section 7-602(D),
off-site relocation and section 7-602(F) , temporary relocation.
I. Procedure for review. A development application shall be
submitted to the community development director before HPC
approval of demolition, partial demolition, off-site relocation,
on-site relocation, temporary relocation, or exemption which shall
be reviewed and approved by the HPC pursuant to the procedures
established in Common Procedures, Article 6, Division 2.
The HPC shall be authorized to suspend action on demolition,
partial demolition, off-site relocation, or on-site relocation
applications when it finds that it needs additional information to
determine whether the application meets the standards of section
7.602fB+ or that the proposal is a matter of such great public
concern to the city that alternatives to the demolition, partial
demolition, off-site relocation or on-site relocation must be
studied jointly by the city and the owner. Alternatives which the
HPC may consider having studied shall include, but not be limited
to finding economically beneficial uses of the structure, removal
of the structure to a suitable location, providing public subsidy
to the owner to preserve the structure, identifying a public
entity capable of public acquisition of the structure, or revision
to the demolition, partial demolition, off-site relocation or on-
site relocation and development plan. The HPC shall be required to
specify the additional information it requires or the alternatives
it finds should be studied when it suspends action on the
demolition, partial demolition, off-site relocation, or on-site
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relocation application. Action shall only be suspended for the
amount of time it shall take for the necessary information to he
prepared and reviewed by the community development director, but
in no case shall suspension be for a period to exceed six (6)
months.
J. Application for demolition, partial demolition, off-site
relocation, on-site relocation, or temporary re~ocation. A
development application shall include the following. Applications
which affect a str~cture which does not contribute to the historic
significance of tpe parcel shall only include the submission
requirements list! in section 7-602(J) (1), (2), and (5):
1. The gen al application information required in section
6-202.
2 .
A written description qf the structure proposed
demolition, partial demolition, off-site relocation,
site relocation, temporary relocation, or exemption,
its year of construction.
for
on-
and
3. A report from a licensed engineer or architect regarding
the soundness of the structure and its suitability for
rehabilitation.
4.
For demolition or off-site relocation only: An economic
feasibility report that provides:
a. Estimated market value of the property on which the
structure lies, in its current condition, and after
demolition or relocation.
b. Estimates from an architect, developer, real estate
agent or appraiser experienced in rehabilitation
addressing the economic feasibility of
rehabilitation or reuse of the structure proposed
for demolition or relocation.
c. All appraisals made of the property on which the
structure is located made within the previous two
(2) years.
d. Any other information considered necessary to make
a determination whether the property does yield or
may yield a reasonable return on investment.
5.
For demolition, partial demolition, off-site relocation
and on-site relocation only: A development plan and a
statement of the effect of the proposed development on
the other structures on the property and the character
of the neighborhood around the property shall be
submitted so that HPC is able to make a finding whether
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the applicable standards are met. In the case of a
demolition or off-site relocation, the development plan
will be reviewed as a significant Development
application, pursuant to section 7-601.
K. Application for demolition or exemption from demolition,
partial demolition, off-site relocation, on-site relocation, or
temporary relocation. A development application for exemption
shall include all items specified in section 7-602(J) (1) and (2).
L. Penalties. A violation of any portion of this section 7-
602 shall prohibit the owner, successor or assigns from obtaining
a building permit for the affected property for a period of five
(5) years from the date of such violation. The ci"ty shall initiate
proceedings to place a deed restriction on the property to this
effect to insure the enforcement of this penalty.
(Ord. No. 17-1989, ~ 1; Ord. No. 9-1991, ~ 1)
Sec. 7-603. Insubstantial amendment of development order.
A. An insubstantial amendment to an approved development
order may be authorized by the community development director. An
insubstantial amendment shall be limited to technical or
engineering considerations, first discovered during actual
development which could not reasonably be anticipated during the
approval process. An insubstantial amendment shall be defined as
a change in shape or location of a single window, awning, door,
staircase or other feature on the structure or use of a material
made by a different manufacturer that has the same quality and
approximately the same appearance as originally approved.
B. All other amendments shall be approved by the HPC pursuant
to Section 7-601 or 7-602, whichever is applicable.
Sec. 7-604. Appeal and call up.
A. Any action by the HPC in approving, approving with
condi tions, or disapproving a development order or suspending
action on a demolition, partial demolition, off-site relocation,
or on-site relocation application or in rating a structure on the
inventory of historic sites and structures may be appealed to the
city council by the applicant or a landowner within three hundred
(300) feet of the subject property within thirty (30) days of the
decision. The reasons for the appeal shall be stated in writing.
The city council may also call up for review any decision of the
HPC approving, disapproving, or suspending action on a demolition,
partial demolition, off-site relocation, or on-site relocation of
any structure on the inventory of historic sites and structures by
serving written notice on the HPC within fourteen (14) days of the
HPC's decision and notifying the applicant of the call up.
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B. Within thirty (30) days after the date of a decision by
the HPC which is appealed or called up by the city council, the
council shall hold a public hearing after publishing notice
pursuant to section 6-205E.3.a.
C. The city council shall consider the application on the
record established before the HPC. The city council shall affirm
the decision of the HPC unless the city council shall determine
that there was an abuse of discretion, or a denial of due process
by the HPC. Upon determining that there was an abuse of discretion
or denial of due process, the city council shall be authorized to
take such action as it shall deem necessary to remedy said
situation, including but not limited to reversing the decision,
altering the conditions of approval, changing the length of time
during which action on a demolition, partial demolition, off-site
relocation, or on-site relocation application has been suspended
or the terms of the suspension, or remanding the application to
HPC for rehearing.
(Ord. No. 7-1989, ~ 2)
Sec. 7-605. Variances.
The board of adjustment shall not take any action on a
development application for a variance pursuant to Article 10, in
the "H," Historic Overlay District, or development affecting a
historic landmark, without receiving a written recommendation from
the HPC.
Sec. 7-606. Minimum maintenance requirements.
A. Purpose. The intent of this section is to reduce the
incidence of "demolition by neglect."
B. Requirements. All buildings and structures identified in
the inventory of historic sites and structures as described in
section 7-709, and all structures located within a historic
district, shall be maintained to meet the requirements of the
Uniform Conservation Building Code (UCBC) and the Uniform Building
Code (UBC). Said structures shall receive reasonable care,
maintenance and upkeep appropriate for the preservation,
protection, enhancement, rehabilitation, reconstruction,
perpetuation or use in compliance with the terms of this article.
Every owner or his designated agent in charge of such building or
structure shall keep in good repair:
1. All of the exterior portions of such improvements.
2.
All interior portions thereof which, if
maintained, may cause or tend to cause the
portions of such improvements to deteriorate,
become damaged or otherwise to fall into a
not so
exterior
decay or
state of
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disrepair.
The historic preservation commission, on its own initiative, may
file a petition with the chief building official requesting that
said official proceed under the provision of this section to
require correction of defects or repairs to any structure covered
by this article so that such structure shall be preserve and
protected in consonance with the purpose of this article.
C. Demonstration of hardship. Any owner of a structure
identified in the inventory of historic sites and structures which
HPC and the chief building official finds requires such
maintenance and repairs as described in this section may make
application requesting from the city council a one-time, no
interest loan, in an amount not to exceed ten thousand dollars
($10,000.00), which the owner shall agree to pay back to the city
within ten (10) years or when the property is sold or the title is
transferred, whichever is the soonest. An extension of the payment
period may be granted by the city council, following written
request by the owner.
To be eligible for the loan, the owner shall submit a written
request to the community development director, which shall include
a description of the proposed repairs necessary to maintain the
historic structure and approximate costs for such repairs. The
loan request shall also demonstrate economic hardship which
previously prohibited these repairs and that the loan amount is
the minimum needed to maintain the structure.
The loan request shall
granted by the council
development director,
owner substantiating
structure with monies
be considered by the city council. Any loan
shall be administered through the community
who shall obtain copies of bills from the
all expenditures made 'to maintain the
obtained from the loan.
D. Penalties waived. The general penalties for violations
of the Aspen Municipal Code contained in Chapter 1, Section 1-8,
shall not apply to violations of these minimum maintenance
requirements.
(Ord. No. 7-1989, ~ 2)
DIVISION 7. HISTORIC OVERLAY DISTRICT AND HISTORIC LANDMARKS
Sec. 7-701. Reserved.
Editor's note--Ord. No.
relative to the purpose of the
No. 5-1988.
60-1989,
division,
~ 2, repealed ~ 701,
which derived from Ord.
Sec. 7-702. Standards for designation.
Any structure or site that meets two or more of the following
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standards may be designated as "H," Historic Overlay District,
and/or historic landmark. It is not the intention of HPC to
landmark insignificant structures or sites. HPC will focus on
those which are unique or have some special value to the
community:
A. Historical importance. The structure or site is a
principal or secondary structure or site commonly identified or
associated with a person or an event of historical significance to
the cultural, social or political history of Aspen, the state of
colorado, or the United states.
B. Architectural importance. The structure or site reflects
an architectural style that is unique, distinct or of traditional
Aspen character, or the structure or si te embodies the
distinguishing characteristics of a significant or unique
architectural type, (based on building form or use,) or specimen.
C.
architect
character
Designer. The structure is a significant work of an
or designer whose individual work has influenced the
of Aspen.
D. Neighborhood character. The structure or site is a
significant component of an historically significant neighborhood
and the preservation of the structure or site is important for the
maintenance of that neighborhood character.
E. community character. The structure or site is critical
to the preservation of the character of the Aspen community
because of its relationship in terms of size, location and
architectural similarity to other structures or sites of
historical or architectural importance.
Sec. 7-703. Procedure for designation, amendment, rescinding.
A development application for a proposed designation,
amendment to a designation, or rescinding of a designation, "H,"
Historic Overlay District, and/or historic landmark, shall be
reviewed and recommended for approval, approval with conditions,
or disapproval by the community development director, by the HPC,
and by the planning and zoning commission at a public hearing, and
then approved, approved with conditions, or disapproved at a
public hearing by the city council in accordance with the
procedures established in Common Procedures, Article 6, Division
2.
Sec. 7-704. Application.
The application for historic designation shall include the
following:
A.
The general application information required in Section
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B.
A boundary description of the site.
C. If the applicant intends to request a grant from city
council, a letter making the request shall be submitted,
provided the program has been funded in the annual city
of Aspen budget. Any residential structure which is
designated as a historic landmark after January 1, 1995
is eligible to receive a grant, on a one-time basis, the
amount of which will be established in the annual city
of Aspen budget, on a one time basis.
(Ord. No. 6-1989, ~ 9)
Sec. 7-705. Recordation of designation.
Upon the effective date of an act by the city council
designating an "H," Historic Overlay District or Historic
Landmark, the secretary of the HPC shall notify the city clerk of
the designation, who shall record among the real estate records of
the clerk and recorder of Pitkin County, Colorado, a certified
copy of the ordinance creating the "H," Historic Overlay District,
or historic landmark. The ordinance shall contain a legal
description of the structure or site designated.
Sec. 7-706. Placement on city's official zone district map.
Upon the effective date of an act by the city council
designating "H," Historic Overlay District, or historic landmark,
the secretary of the HPC shall notify the community development
director and the community development director shall place the
"H," Historic Overlay District, designation on the city's official
zone distr ict map, which is kept in the community development
department.
Sec. 7-707. Rescinding designation.
An application for rescinding designation shall follow the
same submission requirements and review procedures as for
designation described in this division except that with respect to
section 7-704(C), an explanation shall be included describing why
the designated site or structure is not consistent with the
standards in section 7-702.
Sec. 7-708. Establishment of district.
There are two (2) existing "H," Historic Overlay Districts,
in the city. These districts are the Commercial Core District and
the Main street District. In all cases when districts are
discussed in this chapter, these two (2) districts are the only
districts to which reference is being made.
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Sec. 7-709. Establishment of inventory of historic sites and
structures.
Intent: Fifty years old is generally the age when a property may
begin to be considered historically significant. Aspen's ski
history and modernist tradition are very important parts of our
local history and resources from these periods which do have
significance must be addressed or they are likely to be lost. It
is not the intention of the HPCto include insignificant
structures or sites on the inventory. HPC will focus on those
which are unique or have some special value to the community.
A. There is hereby established an inventory of historic
sites and structures in the city of Aspen. The inventory shall .be
maintained in the offices of the community development department
at all times for inspection by the general public during regular
business hours. The inventory of historic sites and structures
shall include all structures in the city of Aspen which are at
least fifty years old and which continue to have histori.c value,
and such other structures identified by the HPC as being
outstanding examples of more modern architecture. Historic sites
are parcels which mayor may not have structures on them, but
primarily have significance as parks, cemeteries, archaeological
resources or similar types of landscapes. Archaeological resources
are sites which include material remains, both above and below
ground, of prehistoric or historic human activity. All properties
included on the inventory will be adopted by legal description,
and HPC will have the appropriate review authority over the entire
property. In the case that an application is made for a lot split
on an inventoried parcel, HPC shall review the application in
terms of impacts on the significance of the historic resource and
shall propose any appropriate conditions of approval or
recommendation for denial to the planning and zoning commission
and city council.
B. It shall be the responsibility of the HPC, based on the
recommendations of the community development director, to evaluate
the inventory of historic structures at least once every five (5)
years, and to hold a public hearing to solicit comments on its
evaluations. The purpose of the evaluation shall be to determine
those structures which are to be removed from the inventory, any
structures which should be added to the inventory, and to rate all
structures which remain on the inventory.
C. The HPC evaluation process shall proceed as follows: The
structures on the inventory shall be categorized as to whether or
not they are historic landmarks. No further action need be taken
with respect to historic landmarks. All structures which are not
historic landmarks shall be evaluated by the HPC as to their
current archi tectural integri ty, historic significance and
community and neighborhood influence and categorized accordingly,
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as follows:
Significant: All those resources which are considered
Exceptional, Excellent, or those resources individually eligible
for listing on the National Register of Historic Places. All
structures or sites within the city of Aspen, which are listed on
or eligible for listing on the National Register of Historic
Places shall be reviewed according to the "Secretary of the
Interior's Standards for Rehabilitation" in addition to the review
standards of section 7-601 and 7-602. The "Secretary of the
Interior's Standards for Rehabilitation" are:
1. Every reasonable effort shall be made to
provide a compatible use for a property which
requires minimal alteration of the building,
structure, or site and its environment, or to
use the property for its originally intended
purpose.
2. The distinguishing original qualities or
character of a building, structure, site or
its environment shall not be destroyed. The
removal or alteration of any historic material
or distinctive architectural features should
be avoided when possible.
3 .
All buildings, structures, and sites shall be
recognized as products of their own time.
Alterations that have no historical basis and
which seek to create an earlier appearance
shall be discouraged.
4. Changes which may have taken place in the
course of time are evidence of the history and
development of a building, structure, or site
and its environment. These changes may have
acquired significance in their own right, and
this significance shall be recognized and
respected.
5. Distinctive stylistic features or examples of
skilled craftsmanship which characterize a
building, structure, or site shall be treated
with sensitivity.
6.
Deteriorated architectural features shall be
repaired rather than replaced, wherever
possible. In the event replacement is
necessary, the new material should ma"tch the
material being replaced in composition,
design, color, texture, and other visual
qualities. Repair or replacement of missing
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architectural features should be based on
accurate duplications of features,
substantiated by historic, physical, or
pictorial evidence rather than on conjectural
designs or the availability of different
architectural elements from other buildings or
structures.
7.
The surface cleaning of structures shall be
undertaken with the gentlest means possible.
Sandblasting and other cleaning methods that
will damage the historic building materials
shall not be undertaken.
8.
Every reasonable effort shall be made to
protect and preserve archaeological resources
affected by, or adjacent to, any project.
9. contemporary design for al terations and
additions to existing properties shall not be
discouraged when such alterations and
additions do not destroy significant
historical, architectural or cultural
material, and such design is compatible with
the size, scale, color, material, and
character of the property, neighborhood, or
environment.
10. Whenever possible, new addi tions or
alterations to structures shall be done in
such a manner that if such additions or
alterations were to be removed in the future,
the essential form and integrity of the
structure would be unimpaired.
Contributing: All those historic or architecturally
significant resources that do not meet the criteria for
significant, provided, however, these resources have maintained
their historic integrity or represent unique architectural design.
Supporting: All those historic resources that have lost their
original integrity, however, are "retrievable" as historic
structures (or sites). These structures have received substantial
alterations over the years, however, with substantial effort could
be considered Contributing once again.
Non-Contributing: All those structures that are either:
a. New or non-historic construction within a historic
district, and
b.
Historic structures with complete loss of integrity,
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either within or outside a historic district.
(Ord. No. 61-1989, ~ 1)
Sec. 7-710. Development approval for historic landmark.
Whenever development approval is conditioned upon a structure
receiving historic landmark designation, such condition shall be
deemed satisfied only if the particular structure has received
individual designation pursuant to Article 7 , Division 6; inclusion
of the structure within an "H," historic overlay district, shall
not be sufficient to satisfy the requirement of historic
designation. No final development approval conditioned upon receipt
of historic landmark designation shall be granted until the
designation ordinance is adopted by city council.
(Ord. No. 6-1989, ~ 9)
section 2
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
shall not affect the validity of the remaining portions thereof.
section 3
A public hearing on the ordinance shall be held on the 22nd
day of May, 1995 at 5:00 in the City council Chambers, Aspen city
Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a
public notice of the same shall be published in a newspaper of
general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as ~r~ided by law, by
the City Council of the City of Aspen on the~ day of April,
1995.
John
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ennett, Mayor
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FINALLY, adopted, passed and approved this (3 day of May,
1995.
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Joh Bennett, Mayor
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Kathryn K' ,City Clerk
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