Ordinance No. 1975
WHEREAS, the City desires to designate, preserve, protect, enhance and perpetuate those buildings, sites, structures, objects and districts which reflect outstanding elements of the City’s cultural, artistic, social, ethnic, economic, political, architectural, historic, technological, institutional or other heritage; and
WHEREAS, the protection and preservation of the City’s historic built environment will enhance property values, and help stabilize the City’s economy; and
WHEREAS, the City’s historic buildings, sites, structures, objects and districts foster civic pride in the beauty and accomplishments of the past; and
WHEREAS, the rehabilitation of the City’s historic buildings, homes and neighborhoods will enhance the City’s attraction to tourists and visitors, increase the quality of life for our citizens and encourage future economic development; and
WHEREAS, a Certified Local Government will promote historic preservation to private property owners through the renovation of historic sites and structures for economic purposes; and
WHEREAS, the City’s goal is to take advantage of economic development through historic preservation by creating a Historic Preservation Commission that will be a resource for national, state and local incentives; and
WHEREAS, the City Council’s goal is to establish a method of protecting private property rights and preserving the City’s unique historic character through the creation of a Historic Preservation Commission that will act as a quasi-judicial commission of a Certified Local Government.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TRINIDAD, COLORADO, that:
Section 1. Article 13, Certified Local Government of Chapter 14, of the Code of Ordinances of the City of Trinidad is enacted in its entirety as follows:
ARTICLE 13. CERTIFIED LOCAL GOVERNMENT.
Section 14-245. Historic Preservation Commission
(1) Establishment. There is hereby created a Historic Preservation Commission, hereinafter in this Chapter14, Article 13 referred to as the Commission.
(2) Membership.
(a) The Commission shall consist of five (5) members providing a balanced, community-wide representation, and all shall have an interest in historic preservation. The Commission shall have at least one (1) design professional, (1) licensed real estate broker and (3) members at large. Commission members shall not be members of the Trinidad City Council or a City Council Officer as defined in Section 2-16 of the Code of Ordinances.
(b) A majority of the voting members of the Commission shall be residents of the City of Trinidad for a minimum of one (1) year prior to appointment. The remaining member of the Commission must reside in Las Animas County and must either own property within the City and/or have a licensed business within the City.
(3) Appointments and Terms.
(a) Members of the Commission shall be appointed by the Trinidad City Council and shall serve a three year staggered term from the date of appointment. In order to stagger the initial terms of membership the original membership shall serve as follows:
One (1) appointment shall serve a one-year term
Two (2) appointments shall serve two year terms
Two (2) appointments shall serve three year terms
(b) Members may be reappointed by the City Council to serve successive terms without limitation.
(c) Appointments to fill vacancies on the Commission shall be made by the City Council. Such appointments shall be for the remainder of the vacated term only.
(d) Members of the Commission may be removed by a majority vote of the City Council for just cause, which includes neglect of duty, acts detrimental to the City’s interest, malfeasance in office or excessive absences. Absences by members of the commission of three consecutive meetings or three absences in a six month rolling period shall be cause for evaluation by City Council for the purpose of consideration of the member’s removal from the Commission. The City Clerk shall advertise vacancies in a newspaper of local circulation requesting that interested individuals submit a letter indicating their interest and qualifications for the position advertised.
(4) Officers and Voting
(a) The Commission shall by majority vote, elect one (1) of its members to serve as chairperson to preside over the Commission’s meetings. This shall be done at the first meeting of each calendar year. This term shall be for one (1) year with eligibility for re-election.
(b) A quorum for the Commission shall consist of a majority of the regular membership. A quorum of 3 members is necessary for the Commission to hold a public hearing or to take official actions. A tie vote shall be deemed a denial of the motion or recommended motion.
(5) Meetings and Appearances
(a) The Commission shall hold at least one (1) regular meeting per quarter, with monthly meetings as necessary. It shall adopt rules for transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record. The City shall provide an administrative staff person to assist with this function.
(b) No member of the Commission shall appear on his/her own behalf or on the behalf of any private person before either the Historic Preservation Commission or the City Council in connection with any matter before the Commission.
Section 14-246. Powers, Duties and Authority of the Commission
The Commission shall act in a quasi-judicial manner, and it shall have the following powers, duties and rulemaking authority:
(1) Adopt criteria for review of historic properties and for review of proposals to alter, demolish or relocate designated properties.
(2) Review properties nominated for designation as a local landmark and recommend that the City Council designate by ordinance those properties qualifying for such designation. Nominated properties will only be reviewed once the property owner has given written permission for the designation; Review districts nominated for designation as local historic districts and recommend that the City Council designate by ordinance those districts qualifying for such a designation. Nominated districts will only be reviewed once 100% of the property owners have given written permission for the designation.
(3) Review and make decisions on any application for alterations to a designated historic landmark.
(4) Review and make decisions on any application for moving or demolishing a historic
landmark.
(5) Maintain a list of significant historic properties through the periodic updating of the Trinidad Inventory of Historic Buildings.
(6) Advise and assist owners of historic properties on physical and financial aspects of preservation, renovation, rehabilitation and reuse, including nomination to the National Register of Historic Places.
(7) In conjunction with the local historical based organizations, the Commission should seek to develop and assist in public education programs, lectures and conferences.
(8) Conduct surveys of historic areas for the purpose of defining those of historic significance, and prioritizing the importance of identified historic areas and structures.
(9) Advise the Planning, Zoning and Variance Commission and the Trinidad City Council on matters related to preserving the historic character of the City.
(10) Actively pursue financial assistance for preservation-related programs through grants and by other means in partnership and collaboration with other entities as much as possible.
(11) Recommend removal of properties from the register of local landmarks if the criteria for revocation of designation are met.
Section 14-247. Local Historic Landmark Designation
(1) Pursuant to the procedures hereinafter set forth in Section 14-246(2), the City Council may, by ordinance designate as a landmark an individual structure or an integrated group of structures on a single lot or site having a special historical or architectural value;
(a) Each such designating ordinance shall include a description of the characteristic of the landmark which justifies its designation and a description of the particular features that should be preserved, and shall include a legal description of the location, boundaries of the landmark site and the character defining features that qualify the landmark for designation.
(b) Any such designation shall be in furtherance of and in conformance with the purposes and standards of this Section 14-247(3).
(c) The property included in any such designation shall be eligible for such incentive programs as may be developed by this Commission and the City Council.
(d) No such designating ordinance will be enacted involving a property without written permission from the property owner.
(2) Procedures
(a) A nomination for designation may be made by any property owner desiring to obtain a landmark designation by filing an application with the City of Trinidad Planning Department.
(b) The Commission shall hold at least one (1) public hearing on the proposal no more than forty-five (45) days after the filing of the application. The notice of the time and place of the public hearing shall be made by one (1) publication in a newspaper of local circulation in the City. The Commission shall review the application for conformance of the proposed designation with the established criteria for designation and the standards set forth in Section 14-247(3).
(c) At the conclusion of the public hearing or within not more than forty (40) days after the conclusion of the public hearing, the Commission shall 1) approve or 2) modify and approve or 3) disapprove the proposal by a majority vote.
(d) The Commission shall forward its recommendation and written report to the Trinidad City Council for consideration and final action.
(3) Standards for local landmark designation
The Trinidad Historic Preservation Commission, duly empowered as defined in Section 14-246(2), will evaluate and determine the merit of sites as defined in Section 14-247(3), for local landmark designation. The following historical, architectural or geographic criteria shall be used in this determination:
(A) If it is at least fifty (50) years old; AND
(B) If it has historic importance. Historical importance relates to a building, structure, object and/or site that:
(a) Has character, interest, value and which has affected the development, heritage, or cultural characteristics of the City, the State of Colorado or the Nation; or
(b) Is the site of a historic event that has interest, value and which has affected the development, heritage, or cultural characteristics of the City, the State of Colorado or the Nation; or
(c) Is identified with a person or group of persons who had some influence on the development, heritage and cultural characteristics of the City, the State of Colorado or the Nation; or
(d) Exemplified the cultural, political, economic, social or historical heritage of the community; OR
(C) If it has architectural importance. Architectural importance relates to a building, structure, object and/or site that:
(a) Portrays the environment of a group of people in an era of history; or
(b) Embodies the distinguishing characteristics of a significant or unique architectural type specimen; or
(c) Is the work of an architect or master builder whose individual work has influenced the character of the City, State of Colorado or the Nation; or
(d) Contains elements of design, detail, materials or craftsmanship which represent a significant architectural style; OR
(D) If it has geographic importance. Geographic importance relates to a building,
structure, object and/or site that:
(a) Should be preserved based on a consistent historic, cultural or architectural motif; or
(b) Due to its unique location or singular physical characteristics represents an established and familiar visual feature of the city.
(E) Any site listed on the State or National Register of Historic Places shall be deemed to qualify for local designation under this Section 14-247(3), but is not automatically designated as a Local Landmark and must submit an application to receive the designation.
Section 14-248. Local Historic District Designation
(1) Pursuant to the procedures hereinafter set forth in Section 14-246(2), the Trinidad City Council may, by ordinance designate as a district a contiguous area as having a special historical or architectural value;
(a) Each such designating ordinance shall include a description of the characteristic of the district which justifies its designation and a description of the particular features that should be preserved, and shall include a legal description of the location and boundaries of the district area.
(b) The designating ordinance may also indicate alterations which would have a significant impact upon, or be potentially detrimental to, the district area.
(c) Any such designation shall be in furtherance of and in conformance with the purposes and standards of Section 14-248(3).
(d) The district included in any such designation shall be eligible for such incentive programs as may be developed by the Trinidad Historic Preservation Commission and the Trinidad City Council.
(2) Procedures
(a) A nomination for designation may be made by any property owner desiring to obtain a district designation by filing an application with the City of Trinidad Department of Planning.
(b) The Planning Department shall contact every property owner of record within the boundaries of the proposed district outlining the reasons and effects of the designation and, secure the consent of 100% of the ownership within the proposed area before the nomination is accepted as complete for review.
(c) The Commission shall hold at least one (1) public hearing on the proposal no more than forty-five (45) days after the nomination has been accepted for review. The notice of the time and place of the public hearing shall be made by one (1) publication in a newspaper of local circulation in the City. The Commission shall review the nomination for conformance of the proposed designation with the established criteria for designation and the standards set forth in Section 14-248(3).
(d) At the conclusion of the public hearing or within not more than forty (40) days after the conclusion of the public hearing the Commission shall 1) approve, or 2) modify and approve or 3) disapprove the proposal by a majority vote.
(e) The Commission shall forward its recommendation and written report to the Trinidad City Council for consideration and final action.
(3) Standards for local landmark designation
The Trinidad Historic Preservation Commission, duly empowered as defined in Section 14-246(2), will evaluate and determine the merit of sites as defined in Section 14-248(3), for local district designation. The following historical, architectural or geographic criteria shall be used in this determination:
(A) The proposed district has a percentage of structures that are at least (50) years old; AND
(B) The proposed district has historical importance. Historical importance relates to a district and/or area that:
(a) Has character, interest, value and which has affected the development, heritage, or cultural characteristics of the City, the State of Colorado or the Nation; or
(b) Is the site of a historic event that has interest, value and which has affected the development, heritage, or cultural characteristics of the City, the State of Colorado or the Nation; or
(c) Is identified with a person or group of persons who had some influence on the development, heritage and cultural characteristics of the city, the State of Colorado or the Nation; or
(d) Exemplified the cultural, political, economic, social or historical heritage of the community; OR
(C) The proposed district architectural importance. Architectural importance relates to a district and/or area that:
(a) Portrays the environment of a group of people in an era of history; or
(b) Embodies the distinguishing characteristics of a significant or unique architectural type specimen; or
(c) Includes the work of an architect or master builder whose individual work has influenced the character of the City, State of Colorado or the Nation; or
(d) Contains elements of design, detail, materials or craftsmanship which represent a significant architectural style; OR
(D) The proposed district has geographic importance. Geographic importance relates to a district and/or area that:
(a) Should be preserved based on a consistent historic, cultural or architectural motif; or
(b) Due to its unique geography or physical characteristics represents an established and familiar visual feature of the City.
Section 14-249. Revocation of a Designation
(1) Revocation of local historic landmark designation from buildings, structures, objects and/or sites.
(a) If a designated local landmark is lawfully removed, demolished or the victim of a natural disaster, the Trinidad Historic Preservation Commission and/or the property owner may request that the Trinidad City Council take action to revoke the local historic landmark designation.
(b) Trinidad City Council must revoke a designation by ordinance. Revocation of a designation is final.
(2) Revocation of local historic district designation from districts and/or areas.
(a) If a designated local district is significantly depleted of its qualifying historic structures or is the victim of a natural disaster, the Trinidad Historic Preservation Commission may request that the Trinidad City Council take action to revoke the local historic district designation.
(b) Trinidad City Council must revoke a designation by ordinance. Revocation of a designation is final.
Section 14-250. Landmark Alteration Certificates
(1) No person shall carry out or permit to be carried out on a designated landmark property any new construction, alteration, removal or demolition of a building or other designated feature without first obtaining a landmark alteration certificate for the proposed work.
(a) The City of Trinidad Building Department shall be provided a current record of all designated landmark properties and pending designations by the Historic Preservation Committee. The Building Department will refer any requests regarding these properties to the City of Trinidad Planning Department.
(2) Construction on proposed landmark properties.
(a) No person shall receive a permit to construct, alter, remove or demolish any structure or other feature on a proposed landmark property after an application has been filed to landmark the property. Any such permit will be placed on hold until the landmark proceedings have come to a conclusion.
(3) Landmark alteration certificate application and Commission review.
(a) An owner of property which has been designated as a local landmark or a property that is located within a locally designated historic district will be required to apply for a landmark alteration certificate before making any alterations to the exterior appearance of the property.
(b) The City of Trinidad Planning Department will process the landmark alteration certificate application as well as any required design specifications that illustrate the proposed changes to the landmarked property.
(c) The City of Trinidad Planning Department shall make available a detailed list of submittal requirements for the applicant’s use.
(A) Administrative Review Process for Minor Alterations.
(I) A streamlined administrative review process shall be made available to applicants proposing minor changes to a landmarked structure.
(II) The Commission shall establish written eligibility and review criteria for the staff to follow. The staff may request that the submitted review be scheduled for formal review by the Commission if there is any uncertainty as to the intent of the criteria as it applies to a specific request.
(III) The administrative process shall be concluded within fifteen (15) days of a complete application submittal. The applicant may appeal any administrative decision to the Commission by submitting an appeal request in writing to the City Clerk within fifteen (15) days of the administrative ruling.
(B) Meeting and Hearing Requirements.
(I) The Commission shall hold a public meeting on all applications for landmark alteration certificates within forty-five (45) days after an application has been received by the City of Trinidad Planning Department.
(II) The Commission shall hold a noticed public hearing which is required for requests involving demolition or removal of a landmarked structure. Notice of time, date and place of such hearing, and a brief summary of explanation of the subject matter of the hearing, shall be posted on the property in a manner visible from all adjacent public rights-of-way at least fifteen (15) days prior to the hearing. The applicant is responsible for accomplishing the public notice.
(C) Commission Review.
(I) At the conclusion of the public hearing or within not more than forty (40) days after the conclusion of the public hearing the Commission shall determine whether the application meets the established review standards for alterations as outlined in Section 14-251(1).
(II) The Commission shall adopt written findings and conclusions and either approve, or approve with conditions or disapprove the application by a majority vote.
(D) Extension of Review Period.
(I) When reviewing alteration certificate applications involving moving or demolition of a landmarked structure, the Commission may extend the review period up to ninety (90) additional days if the Commission finds the original application does not meet the established review standards for alterations.
(II) The ninety-day extension period shall be used to encourage both the applicant and the Commission to explore acceptable alternative solutions to the original submittal.
(4) Appeal or call-up of disapproved proposals.
(a) A decision of the Commission approving or disapproving an application for alteration or extending the review period on the application is final unless appealed to the Trinidad City Council as provided below:
(A) An applicant may appeal any decision of the Commission to the City Council by filing a written notice of appeal with the Planning Department within fifteen (15) days of the Commission’s decision.
(B) Council Meeting and Decision.
(I) Within forty-five (45) days of the date of any decision of the Commission to disapprove or modify an alteration certificate application, the Council shall hold a public meeting on the matter.
(II) Where a decision to move or demolish a landmarked structure is involved, public notice shall be required in accordance with Section 14-250(3)(c)(B)(II).
(III) The Council shall consider the written findings and conclusions of the Commission and the proposal’s conformance to adopted alteration certificate criteria as noted in Section 14-251(1) and shall approve, or approve with conditions, or disapprove the proposed application.
(C) Undue Hardship Appeals.
(I) The Council may consider claims of economic or undue hardship in cases where an applicant was denied an alteration certificate by the Commission.
(II) The applicant must provide adequate documentation and/or testimony at the Council meeting to justify such claims. The following includes the type of information, plus any other information the applicant feels is necessary, which must be submitted in order for the Council to consider a hardship appeal:
(1) Estimate of the cost of the alteration proposed under the denied alteration certificate, and an estimate of any additional costs which would be incurred to comply with the alterations recommended by the Commission.
(2) Estimates of the value of the property in its current state, with the denied alterations, and with the alterations proposed by the Commission.
(3) Information regarding the soundness of the structure or structures, and the feasibility for rehabilitation which would preserve the character and qualities of the designation.
(4) In the case of income-producing properties, the annual gross income from the property, the operating and maintenance expenses associated with the property, and the effect of the proposed alterations and Commission-recommended alterations on these figures.
(5) Any information concerning the mortgage or other financial obligations on the property which are affected by the denial of the proposed alterations.
(6) The appraised value of the property.
(7) Any past listing of the property for sale or lease, the price asked, and any offers received on that property.
(8) Information relating to any nonfinancial hardship resulting from the denial of an alteration certificate.
(III) The Council may refer the information for review by the Commission prior to rendering its final decision on any hardship related appeal. If it is determined that the denial of the certificate of alteration would pose an undue hardship on the applicant, then a certificate of alteration noting the hardship relief shall be issued, and the property owner may make the alterations outlined in the alteration certificate application.
(5) Issuance of a landmark alteration certificate.
(a) The Planning Department shall issue a landmark alteration certificate if an application has been approved by the Commission or appealed and approved by the City Council.
(b) Time Limit. When approving an application for a landmark alteration certificate, the Commission or City Council may impose a time limit for the applicant to apply for a building permit conforming to the certificate.
(6) Unsafe or dangerous condition exempted.
(a) Nothing in this Chapter 14, Article 13 of the Code of Ordinances shall be construed to prevent any measures of construction, alteration, removal or demolition necessary to correct the unsafe or dangerous condition of any structure, other feature or parts thereof where such condition is declared unsafe or dangerous by the City Building Official or Fire Inspector and where the proposed measures have been declared necessary by the City Manager to correct the condition, as long as only such work that is absolutely necessary to correct the condition is performed. Any temporary measures may be taken without first obtaining a landmark alteration certificate under this Ordinance, but a certificate is required for permanent alteration, removal or demolition.
(7) Property maintenance required.
(a) The City Council intends to preserve from deliberate or inadvertent neglect the exterior portions of designated landmarks and all interior portions thereof whose maintenance is necessary to prevent deterioration of any exterior portion. No owner, lessee or occupant of any landmark shall fail to prevent significant deterioration of the exterior of the structure or special feature beyond the condition of the structure on the effective date of the successful landmark status of the property.
(b) No owner, lessee or occupant of any contributing property within a locally designated historic district shall fail to comply with all applicable provisions of Section 14-250(7)(a) regulating property maintenance.
(c) Nothing in this section shall be construed to prevent the ordinary maintenance and repair of any external architectural feature which does not involve change in design, material, color or outward appearance of a designated landmark.
Section 14-251. Criteria to review alteration certificate
(1) The Commission and City Council shall consider the proposed alteration for conformance with the Secretary of Interior’s Standards for Rehabilitation. Conformance to specific alteration criteria for individual properties, structures or districts imposed at the time of initial designation must also follow the Secretary of Interior’s Standards for Rehabilitation.
(2) The Commission and City Council may adopt additional criteria or policy design guidelines to aid in the review of alteration certificate applications. Such criteria and policies shall be written and made available to all alteration certificate applicants and the general public.
Section 14-252. Non-locally Landmarked Properties on the National and/or State Historic Register
(1) Public notice and hearing requirement prior to proposed alterations.
(a) Affected Properties. Structures listed on the National Historic Register and/or the State Historic Register which are still standing and which have not been designated by the City as a local historic landmark may be subject to notice and hearing requirements prior to the issuance of a building permit for any proposed building alteration involving a significant change to a building’s exterior appearance, building removal or building demolition.
(b) Public Meeting and Hearing Required. Before a building permit can be issued for proposed alterations to such structures as identified in Section 14-252(1)(a), the proposal shall be considered at a public meeting before the Commission no later than forty-five (45) days after the request for building permit has been accepted by the City Building Department.
(c) If the permit involves building removal or demolition, public notice of the meeting shall be required. Notice of time, date and place of such meeting, and a brief summary of explanation of the subject matter of the hearing, shall be posted on the property in a manner visible from all adjacent public rights-of-way at least ten (10) days prior to the hearing. The City shall be responsible for accomplishing the public notice.
(d) The purpose of the meeting shall be to review the proposed alteration with the applicant and, if warranted, discuss alternative designs, materials and actions with the applicant which would better preserve the historic character of the property.
(e) Within five (5) days following the public meeting, the applicant shall be entitled to be granted a building permit for the proposed alteration, changed or unchanged, assuming that all other City codes and requirements have been met and if no application for landmark designation has been submitted.
Section 14-253. Penalties and Sanctions
(1) Prohibition. No person shall violate or permit to be violated any of the requirements of this Section 14-250 or the terms of a landmark alteration certificate.
(a) Criminal Penalties. The following violations of this Chapter are punishable by a fine of up to one thousand dollars ($1,000.00):
(A) Moving or demolishing a designated landmark structure without an approved landmark alteration certificate.
(B) Other types of alterations to a designated landmark without an approved landmark alteration certificate.
(C) Moving, demolishing or otherwise altering a structure with a pending application for landmark designation.
(D) Alterations to a defined historically significant structure without having first undergone the required public meeting process.
(b) Council Sanctions. Irrespective of the imposition of the criminal penalties provided above, the City Council may impose the following nonpenal sanctions if, after a due process hearing, it is found that the provisions of Section 14-250 have been violated:
(A) Moving or demolishing a designated landmark structure without an approved landmark alteration certificate. The Council may restrict the issuance of any building permits on the site for a period of up to five (5) years, in addition to any fines imposed through the Municipal Court.
(B) Other types of alterations to a designated landmark without an approved landmark alteration certificate. The Council may require that the structure be returned to its original state or restrict the issuance of any building permit on the site for up to two (2) years, in addition to any fines imposed through the Municipal Court.
(C) Moving, demolishing or otherwise altering a structure with a pending application for landmark designation. The Council may restrict the issuance of any building permit on the site for a period of up to five (5) years, in addition to any fines imposed through the Municipal Court.
(D) Alterations to a defined historically significant structure without having first undergone the required public meeting process. The Council may restrict the issuance of any building permit on the site for a period of up to two (2) years, in addition to any fines imposed through the Municipal Court.
Section 2. Severability. Should any section, paragraph, sentence, clause, or phrase of the Ordinance, or of any of the primary or secondary codes adopted by reference herein, be judicially determined unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance or codes adopted by reference. The City Council hereby declares that it would have passed this Ordinance and each part or parts hereof irrespective of the fact that any part or parts be declared unconstitutional or invalid.
Section 3. Effective Date. This ordinance shall be published and become effective ten (10) days after final passage, as provided in § 5.5 of the Home Rule Charter for the City of Trinidad, Colorado.
INTRODUCED BY COUNCILMEMBER MILES, READ AND ORDERED PUBLISHED, this 19th day of May, 2015.
PASSED AND APPROVED this 2nd day of June, 2015.
EFFECTIVE DATE OF THIS ORDINANCE SHALL BE the 12th day of June, 2015.
__________________________
/s/CAROL BOLTON, Mayor Pro-Tem
ATTEST:
______________________________
/s/KIM MARQUEZ, Asst. City Clerk
PUBLISH: Friday, June 5, 2015 10 Pt. Type
FURNISH PROOF OF PUBLICATION
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