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HomeMy WebLinkAboutordinance.council.021-95 (A 0" ~. \,. ~." lQ ~ __ u_ 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 1 "I)... 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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 2 1.._.... %\ '~. . ~e.'" . ~ " -- 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). 3 e 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. 2 . .. ~. ~,<., f. - 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 4 ~e\" %: 0, .', " 1" '\\~ 1*.' B ~~ 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 5 - - e 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. .,.;'... 1 Il;z". 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 ~e,1 \\ "" 6 ~. \1. 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. f.'. ~ i.~\< 2 . 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) . 'It" ~. ("'" 7 ~ ., 3 . '. ~~.. ~. "'k la.. ,- 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. 8 ffi. \1,. '\~~ ~ '. ~e 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. 9 -" '. 'e fu) . .. <<l '~ ~ '. 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: 10 I);:. "", \:'- '.' ~ '\", iel........ ~ <<., 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 11 ~-', \''8 " _:: \1\ "< me, \~'" '\~. 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 12 lIe, L, '\,,- i$A \. 0_'... \111I ~ 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 13 'e,.... Ii' \;:",-- @e.. ':0;: "co e' ~. (\<. 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. 14 ~e',', t\ \\" e iiiJrt'. I~ v\~ 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 15 ~ Q" ief.. 0\: \~ e. f\1 %'. . ~ 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 16 I) e~" fil, ''Q' e, l, i\,,,,, 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 17 a... ,. tt.'.'.'.... ~< ',~ '(: _1' \\ -'q. 6-202; and 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. 18 el ~ " !-. '~. (- 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, 19 liia. ~. i.~.. \t "":, &'rt \\f.. ",~ 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 20 ~.. ~. .~ "\ "0 @A. ~\. 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, 21 @e ~, . ".< \'\ '< .'.' ~~. -'I f\ ~'\", 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 ~ ~' tS~- - ennett, Mayor ILl 22 - -' *, \, '. I~_' @. ": "'< " --. .. FINALLY, adopted, passed and approved this (3 day of May, 1995. ~ff~ Joh Bennett, Mayor ~ '//~~ ,..'.........=)d~ Kathryn K' ,City Clerk 23