Historic Preservation Commission

AGENDA HISTORIC PRESERVATION COMMISSION TOWN OF BUENA VISTA, COLORADO October 6, 2022 5:30 PM In-person meeting will be held at the Buena Vista Community Center with alternate zoom link availability for the public to also attend virtually. To participate in Public Comment and/or Public Hearings you must attend in-person or use the following link: https://us02web.zoom.us/j/81327370379?pwd=NkpteWFxNmRYU2U4TkVBVGRGTG94QT09 Meeting ID: 813 2737 0379 Passcode: BuenaVista Listen via phone at: 1- 346 248 7799 I. CALL TO ORDER II. ROLL CALL III. AGENDA ADOPTION IV. APPROVAL OF MINUTES – September 1, 2022 V. PUBLIC COMMENT VI. BUSINESS ITEMS A. Public work session on design regulation for East Main Street (Draft code language for Chapter 19 of the Municipal Code as well as the referenced Architectural Design Guidelines Checklist are attached here below) VII. STAFF UPDATES VIII. ADJOURNMENT This Agenda may be Amended Posted on and www.buenavistaco.gov  MINUTES HISTORIC PRESERVATION COMMISSION TOWN OF BUENA VISTA, COLORADO September 1, 2022 3:00 PM In-person Meeting was held at the Community Center, Aspen Room, with alternate zoom link for virtual attendance. I. CALL TO ORDER John O’Brien called the meeting to order at 3:04 pm. II. ROLL CALL Vic Kuklin, Katy Welter, John O’Brien, Mary Therese Anstey, Jo Reese, and Suzy Kelly attended in person. Melanie Roth and Dan Courtright attended via Zoom. Joseph Teipel attended in person on behalf of the Town. Nancy Locke joined in person at 3:24 pm. III. AGENDA ADOPTION Vic made and Dan seconded a motion to approve the agenda. The motion carried unanimously. IV. APPROVAL OF MINUTES – August 4, 2022 Mary Therese made and Vic seconded a motion to approce the minutes. The motion carrie unanimously. V. PUBLIC COMMENT Andrew Farney attended from the public to listen in to the discussion. VI. BUSINESS ITEMS A. Happy Birthday HPC celebrated its 6th birthday. John O’Brien gave an overview of the HPC’s progress since its inception in 2016, noting that we have surveyed approximately 75 historic properties, locally landmarked 4 properties, developed and adopted architectural design guidelines, and engaged with the community successfully. B. August 30th public meeting discussion & next steps HPC debriefed the August 30 meeting, with the following takeaways: This Agenda may be Amended Posted at Buena Vista Town Hall and www.buenavistaco.gov  — The meeting was largely attended by property owners. — The attendees were largely unfamiliar with the guidelines. — Joseph emailed the entire group with the proposed code changes, currently adopted ADG’s, and proposed a work session at the October meeting. — Katy noted that there were two valid concerns raised: — That “substantial compliance” with the guidelines is not clearly defined, and should be. — That the guidelines only apply to the scope of work to be performed, and that performed work on one aspect of the building will not trigger mandates on other aspects of the building. — Mary Therese thought that there was an appreciation for preserving historic buildings but resistance to regulation of new construction. — Joseph asked how we would respond to the question of: if requiring that people meet with HPC has produced better results, why can’t we just require review and not mandate the guidelines themselves? Dan responded (in zoom chat) that despite correcting some egregious deviations, the majority of HPC’s feedback was not incorporated. — Joseph noted that with the 30’ height limitation in place, many local business owners would not be able to afford to build out an empty lot. So we will see more vacancies. — John asked: is it more important to build out Main Street in the next 5 years or have it preserved in 20? Also, is it better for independent property owners to get a higher return, or for the community to preserve the look and feel of its Main Street? The HPC then reviewed the code changes and Joseph promised to send out revised code, and recommended that the HPC still have a work session on October 6. C. McGinnis Gym support letter John presented a draft letter of support for the McGinnis Gym application to State Historical Fund for a grant to help rehabilitate the gym. John made and Suzy seconded a motion for the HPC to authorize the letter. The motion carried unanimously. D. San Luis Valley conference discussion Nancy shared that one speaker said that stories are alive when told moreso than written. E. Updates from related organizations and general discussion VII. STAFF UPDATES VIII. ADJOURNMENT This Agenda may be Amended Posted at Buena Vista Town Hall and www.buenavistaco.gov  Town of Buena Vista - Architectural Design Guidelines Review Checklist Applicant:___________________________ Date of Received: _________________________ Property Address:___________________________________ Areas to be reviewed Yes / (Applicable = Y Item Criteria No / Comments or Recommendations N/A = N) Unclear Chapter 3: General Design Guidelines | This chapter applies to all structures and sites within the MU-MS Zone District Overall Alterations minimally affect historic integrity. Accessibility Sidewalk is gently sloping. Town Grid Building walls are oriented parallel to lot lines. Building uses simple, rectangular forms that reflect Town grid. Views Views of the surrounding area are preserved. From public ways, views of mountains and courthouse are protected and preserved. Color Building returns to the original color scheme. Colors are muted. Roof colors are muted. Only one or two accent colors are used in addition to base color. Brilliant luminescent or "day-glow" colors are not being used. Primary wood structures are painted. When feasible, natural masonry or accessory structure wood exterior finishes are not painted. Energy Conservation The visual impact of solar collectors are minimal. Solar panels and skylights are not located on the principal roof elements of primary structures with street frontage. Solar collectors are parallel with the angle of the roof on gable or shed roof structures. Solar panels are mounted on flat roofs. The tops of the solar panels are not protruding more than six feet above the roof deck of the building, and are concealed behind a parapet wall. The top of any solar panels does not protrude above a plane drawn 40 degrees above horizontal from the highest structure on the side of the building. On the primary street frontage, the solar panels are not mounted in a manner that they are visible from a point six feet above the curb opposite the primary street frontage. On corner lots the primary street frontage visibility requirement does apply to both streets. Freestanding units are not placed in front yards or on side yards adjacent to streets and are not placed to exceed 16 feet in total height above grade. Wind turbines are not placed in Historic East Main.  The design for the window sizes, orientation, and patterns are similar to those of the traditional windows. Fencing The general character of historic fences are retained. In Buena Vista, these are traditionally wood picket or wrought iron fences, but contemporary interpretations of historic design elements are encouraged. Parking Areas Solid fences with no spacing between the boards is not being used. The fence does not exceed 3 to 3.5 feet in height in the front yard. There are no tall privacy fences. Simple wrought iron fences are considered. Wood picket fences are also considered. Chain link material is not considered. In all cases, the visual impacts of automobiles on designated sites are minimal. Parking is screened from adjacent properties. The extent of paved surfaces are minimal. Porous materials are used for the driveways. Accessory Structures The garage is detached from the primary structure, placed in the back, and appears subordinate to the primary structure. Accessory structures are subordinate in scale, both height and width, to the primary structure. The height of the accessory structure does not exceed the width as measured from the street or alley facing facade. The visual impacts of trash storage and service areas are minimal. When feasible, the dumpsters are screened from view as seen from the public way. The service areas are located away from primary facades and has access off the alley. Landscape is used to buffer service areas that abut Service Areas residential uses. Both height and width of accessory structures are Accessory Structures subordinate to the primary building. Exterior lighting or illumination on any lot is located, placed, shielded, and designed to be architecturally and aesthetically in keeping with the buildings and surroundings. Only full cut-off shielded fixtures are utilized. All exterior lighting are using minimal visual pollution or impact on any other lot. There are no lighting of landscaping features. Chapter 4: Historic Structures and Sites | This chapter applies to all structures and sites within the MU-MS Zone District including primary and secondary structures and historic site features, such as fences and walls, for all designated and historic (50yrs or older) buildings, structures and sites. Typically, interior work is not reviewed. General Principles for Treatment of Historic Buildings or Sites When feasible, historic landscape features are preserved. Including trees, plantings, walkways, sidewalks. walls, and fencing. The primary structure remains on the lot that is has been historically associated and in its traditional orientation. When feasible, the accessory structures on site are preserved. Deteriorated features are repaired. Features that are beyond repair are replaced. Preservation of Original Qualities Original doors, windows, and porches are preserved in their original condition.  Original wall and siding are preserved in their original condition. When feasible, original materials and building details, also distinctive form and scale of a structure are preserved. There is not an attempt to change the style or to make it look older or younger than what the structure actually is. Character-defining features are maintained. Stylistic elements are preserved by employing treatments such as rust removal, caulking, limited paint removal, and re-application of paint. Removal or alteration of historic materials and significant features was avoided. Original doors, windows, and porches are preserved in their original condition. Also, original wall and siding material was preserved in its original condition. Asbestos, vinyl and aluminum are not used as siding materials. These materials are removed, if previously installed over the original historic materials. Stucco is not used as a primary exterior finish to cover historic siding or brick. Gentlest possible procedures for cleaning, refinishing, and repairing historic materials is used. When feasible, the original building features are repaired. Replacement of missing elements are included in repair activities. When feasible, the same kind of material as the original is used. A substitute material is acceptable if the form and design of the substitute conveys the visual appearance of the original material. When feasible, missing original features in kind are replaced. Portions that are beyond repair are the only features that are to be replaced. Later covering materials that have not achieved historic significance are removed. Alternate materials proposed match the original in appearance as closely as possible. When feasible, missing architectural elements are based on accurate information about original features when replaced. When the reconstruction of an element is impossible use a new design that is a simplified interpretation of the original. The new element relates to comparable features in general size, shape, scale, and finish. When feasible, materials similar to those employed historically is used. Additions to Historic Buildings Loss of historic material is minimal. The addition also does not affect the perceived character of the building. It does not diminish one's perception of the historic character and the effect the addition may have on the area where the structure is located, from the public right-of-way. This includes views from alleys and to the sides of structures. The addition blends with the architecture of the surrounding buildings and does not stand out or look out of place. Additions are designed such that they do not obscure any significant historic architectural or cultural material.  In theory, additions are reversible. Additions are compatible in size and scale with the main building. Additions are subordinate to the main building. Additions are not taller than the primary module of the historic building. Additions to the main building are set back from the main structure and the addition is linked to the historic structure through the use of a smaller connector. Large additions are placed on the site in such a manner so it is screened from the primary street views by landscaping or existing structures. No addition, nor the total mass of all additions, is larger in mass than the mass of the original building. Additions are recognized as products of their own and do not hinder the ability to interpret the historic character of the structure or site. New additions do not create an appearance inconsistent with the historic character of the building. There are not alterations that seek to imply an earlier period than that of the building. There are no alterations that seek to imply an inaccurate variation on the historic style because this would convey a false history of the character of the structure. Historically, structures were simpler in character. There are no alterations that cover significant features. Even with addition, the appearance retains the relationship of primary entrances. There are no additions which obscure original entrances. Existing Alterations on Historic Buildings Alterations more than 50 years old are preserved. Recent alterations that are not historic are removed. Architectural Detailing Original architectural detailing is preserved. Original details that are covered are now exposed and are incorporated into the renovation design. Damaged details are repaired. Ornamentation where it is known to have once existed is replaced. There is no added ornate details when their was not any to begin with. Simplified modifications are placed where historic elements have already been lost. Materials in alterations Replacement materials are similar in character to those used historically. If the masonry walls are replaced, the size, color, proportions, and finish match the original masonry work. There are no decorative shutters. Original building materials are not covered with synthetic siding. If the original masonry is presently covered expose original masonry. Masonite, T-111, vinyl, aluminum, composition siding, pressed board, panelized siding, stucco, or imitation bricks are not historically accurate and is not used as replacement materials.  Stucco is used as an exterior finish material if it already exists on the historic structure. Window Treatment in alterations Wood windows are on new additions to structures. Aluminum storefront windows and aluminum clad for double hung windows are considered for addition to a structure. Vinyl windows are not used as replacement materials. Design for windows in a new addition are similar in size and mass to the window in the historic building. On the first floor, there are store front, large window openings that comprise the majority of the first-floor exterior wall on the street side of the building. On the second floor, smaller double hung windows are used. The double hung windows are two or three times the height as width. Historic wood windows are constructed from old-growth wood; therefore, they are restored and weatherproofed whenever possible. Windows that emulate the size, style, and appearance of the originals are used if the historic wood windows have to be replaced. Mechanical Equipment The visual impacts of new mechanical systems are minimal. Mechanical equipment are located inside the roof form or behind the building to lessen its visual impact. Damaging historic materials is avoided in order to not insert new mechanical and electrical systems Service equipement is visually screened. Screen designs that are in character with the property are used. Mechanical and Electrical equipment are not seen from East Main. Satellite dishes and other telecommunications equipment is located away from the primary. Design Guidelines for the Alteration of Historic Commercial Structures | These commercial design standards apply in addition to the general standards in Chapter 3 and those presented above in Chapter 4. The original size and shape of the store front opening was maintained. The storefront windows , if previously reduced in size, have been returned to their original size. Opaque materials are not used in the place of display windows. The store front wall is maintained at its historic position. Recessed entries, where they exist, are maintained. Creating doors that are flush with the sidewalk are avoided. The original recessed entry, if it was removed, has been re- established. Doors are used that have large areas of glass. There is an accent color on the door. The kick plate below the display window is maintained.  If missing, the kick plate is reconstructed using original photographs as a guide. If no original photos are available use a simplified kick plate. The color scheme of the kick plate coordinates with other facade elements. The kick plate material is painted wood or painted metal. The transom above the display windows is preserved. Where transoms have been covered, they are restored to their original appearance. The size and shape of the upper story windows are preserved. Presently blocked windows are reopened. Awnings on the north side of the street are restored. There are operable fabric awnings. There are not rough-sawn wood, plastic, shake, asphalt shingles, or fake mansard roofs used as materials for canopies. Awning is not internally lit. The original ornament and detail of the facade is preserved. There are rear entrances, if appropriate, for shared public and public service access. There is a smaller version of the front sign to identify a rear entrance. There is minimal lighting at the rear entrance. Window displays, entrances, and sign lighting is all coordinated. Lighting is focused at the street level. The display window lighting is the dominant element of illuminated features. The building front is not entirely illuminated. There are no wall washer and flood lights. All exterior lighting is fully shielded. There is no high intensity discharge lighting. Warm colored lights are used. All exterior lighting is fully shielded cut-off fixtures. Chapter 5: New Construction | The design principles in this Chapter are intended to guide new construction and infill projects in the MU-MS Zone District. Site layout The site is developed in a manner similar to that use on Historic East Main. The new structure is oriented parallel to lot lines. The typical spacing pattern found on the block in maintained. The building is orientated with the primary use towards the street. Buildings are oriented towards East Main Street with long dimension perpendicular to the street. The primary entrances are clearly defined. Entrances are at grade level and are recessed to complement existing historic resources. Architectural Character There are contemporary interpretations of traditional details. There are simplified parapets at the tops of the commercial facade. There are no decorative window shutters. Mass and Scale  New construction is similar in scale to historic structures. The structure is a maximum of two stories high. If West of Court Street, height does not exceed 30 feet to the top of the roof, top of parapet does not extend more than an additional 3 feet. If East of Court Street, height does not exceed 35 feet to the top of the parapet. Larger buildings that occupy multiple lots are divided into multiple "modules," which are expressed three- dimensionally, by having significant architectural changes throughout the entire building. The individual "modules" are no more than 25 feet wide. If width exceeds 25 feet, then design features distinguish between modules. Individual "modules" of a large building should have variations of height. Floor to floor heights are similar to historic building. The break in floors is expressed on the exterior facade. The traditional spacing pattern created by the repetition of uniform building widths along the street and alley is maintained. Materials Traditional materials are used: primarily brick, wood horizontal bevel or clapboard siding. The materials aluminum, vinyl, and T-111 are not used. Diagonal wood siding is not used. Where siding is used in lieu of brick, wood bevel, clapboard, and board batten are used. Rock, stone, or block are not used as primary materials. Dryvit, EIFS, and Stucco are not used as primary building materials. Where indigenous (river) rock is used, it is used primarily as a foundation or base material. Corrugated metal is used only as an accent material. There is no mixing of primary building materials. Wood is painted or has a pigmented stain. The roof material is metal, wood or asphalt shingle in muted colors. Windows Windows on the first floor are large storefront windows with transoms above and kick plates below. Where building occupies corner lots, large storefront windows are used on both sides. Windows on the second floor are oriented vertically. The height is two or three times the dimension of the width. There are double hung windows with traditional depth and trim. There are no sliding glass doors. Windows are simple shapes. There are no clerestory windows. Primary street front entrance doors are wood and glass. The window to wall ratio is similar to those seen on relevant existing historical structures and sites. The typical proportion of void to solid is maintained. Roof Design  There are gable and flat roofs with false front parapets. Gable roofs are symmetrical. There are no gambrel, mansard, and hip roofs. Roof ridges are parallel with floor plans. Roofs are similar in scale to those used historically on comparable structures. The length of a roof ridges does not exceed those seen historically on comparable structures. The secondary structures on subordinate appendages have shed roofs. The flat-roofed commercial structures have a false parapet in the front and tall side parapets. The roof-top equipment and appurtenances are hidden behind the parapets. Landscape There are outdoor amenities that will facilitate year-round pedestrian activities. There is not an excessive amount of hardscape. Landscape elements are sited to preserve views along Historic East Main. Taller elements, such as tall trees, are located to frame a view and not block it. Preserve the views of historic landmarks and natural resources.  Buena Vista, Colorado, Municipal Code CHAPTER 19 Historic Preservation CHAPTER 19 Historic Preservation ARTICLE I General Provisions Sec. 19-1. Purpose and intent. (a) In order to foster civic pride in the beauty and accomplishments of the past, and in order to create eligibility for state or federal grant funds for the restoration, stabilization, and preservation of landmarks within the Town of Buena Vista that reflect outstanding elements of the Town's cultural, artistic, social, economic, political, architectural, historic or other heritage, a procedure for designating historic local landmarks within the Town is needed. (b) The intent of this Chapter is to create a reasonable balance between private property rights and the public interest in preserving the Town's unique historic character and culture. The intent is to provide incentives to preserve historic and architecturally significant sites, buildings, structures, neighborhoods and districts by providing guidelines for the appropriate use of land and the moving, demolition, reconstruction, restoration, or alteration of such buildings, sites, and structures that comply with state and federal historic preservation laws, thereby making certain tax credits available to private property owners and making other benefits and incentives available for preservation projects. (c) To provide clear and concise design regulations for alterations and new construction on East Main Street in the MU-MS Zone District. ( Ord. 14 §1 , 2016) Sec. 19-2. Definitions. Unless specifically defined below, words and phrases in this Chapter shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Chapter its most reasonable application. Alteration means any act or process that changes exterior architectural features of a structure; the physical features of a site or district; additions to a structure or site; or rehabilitation, restoration or remodeling which impacts the exterior of the structure, but does not include demolition or partial demolition of the structure or site. Certificate of historic appropriateness means a certificate issued by the Town showing approval of plans for alteration of any designated structure or site or of any structure in the MU-MS Zone District or a designated district. Commission means the Town of Buena Vista Historic Preservation Commission. Compatible shall mean consistent with, harmonious with and/or enhances the mixture of complementary architectural styles either of the architecture of an individual structure or the character of the surrounding structures. Contributing structures means those structures or physical features within a site or district that help to define the historic significance of that site or district. Buena Vista, Colorado, Municipal Code Created: 2022-04-22 10:51:23 [EST] (Supp. No. 28) Page 1 of 13  Cultural landscape means a geographic area (including both cultural and natural resources and the wildlife or domestic animals therein) associated with a historic event, activity, or person or exhibiting other cultural or aesthetic values. Demolition means any act or process which destroys, in part or in whole, any exterior features of a structure. Designated structure, site or district means a structure, site or district designated pursuant to this Chapter. Exterior architectural feature means the architectural style and general arrangement of the exterior of the structure including type and texture of the building materials and including all windows, doors, siding, roofs, lights, signs, and other fixtures appurtenant thereto, if such physical component is visible from a public way or adjoining properties. Historic designation means the formal recognition of a historic structure, site, or district by the Town pursuant to this Chapter. Historic district means a geographically definable area including a concentration, linkage, or continuity of subsurface sites, cultural landscapes, buildings, structures, or objects. A district is related by a pattern of either physical elements or social activities. The term district may include, but is not limited to, neighborhoods, agricultural, or commercial districts. Historic significance means having a special historic or aesthetic interest or value as part of the development, heritage, cultural, or historic character of the town, region, state, or nation. Historic site means a location of a significant event, historic occupation or activity where the location itself maintains historical, cultural or architectural value and significance to the community regardless of the value of any existing building or structure, and which may be eligible for designation pursuant to this Chapter. Historic structure means anything constructed or erected, the use of which requires permanent or near permanent location on or in the ground, or attachment to something having permanent location on the ground and which is at least fifty (50) years old. Maintenance and repair means any work, for which a building permit is not required by law, where the purpose and effect of such work is to correct any deterioration of, decay of, or damage to a structure or any architecturally significant part thereof, and to restore or replace, as nearly as may be practicable, to its condition prior to the occurrence of such deterioration, decay, or damage, and which work does not effect a significant change in the external appearance of the structure. Overwhelming historical significance means either possessing such unusual or uncommon significance that any structure'’s potential demolition or major alteration would diminish the character and sense of place in town; or possessing superior or outstanding examples of the architectural, social, or geographic historic significance criteria outlined in the standards and criteria set forth in this Chapter. The term superior shall mean excellence of its kind, and the term outstanding shall mean marked by eminence and distinction. Preservation means the act or process of applying measures necessary to sustain the existing form, integrity, and materials of a designated structure or site. Reconstruction means the act or process of depicting, by means of new construction, the form, features, and detailing of a non-surviving site, landscape, building, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location. Rehabilitation means the act or process of making a compatible use for a structure or site through repair, and additions, while preserving those portions or features that convey its historic, cultural, or architectural values. Restoration means the act or process of making a compatible use for a structure or site through repair, and additions, while preserving those portions or features that convey its historic, cultural, or architectural values. Created: 2022-04-22 10:51:23 [EST] (Supp. No. 28) Page 2 of 13  Significant change means an alteration in the external appearance that has or is likely to have influence or effect on the historic or architectural merit of a structure or site, including but not limited to all activities for which a building permit is required. Site means a location of a significant event, historic occupation or activity where the location itself maintains historical or architectural value and significance to the community regardless of the value of any existing building or structure. Structure means anything constructed or erected, the use of which requires permanent or near permanent location on or in the ground, or attachment to something having permanent location on the ground. (Ord. 13 , § 1, 2019; Ord. 2 , § 1, 2, 2021) Sec. 19-3. Historic preservation commission. (a) There is hereby created a Historic Preservation Commission, which shall have the principal responsibility for matters involving historic structures, sites and districts as set forth in this Chapter. (b) The Commission shall consist of seven (7) regular members and two (2) alternates appointed by the Board of Trustees. To stagger the terms of membership, the initial terms of membership shall consist of four (4) members to serve four (4) year terms and three (3) members and the alternates to serve two (2) year terms. After the initial terms have expired, all members shall serve four (4) year terms. The Commission shall be composed of both professional and lay members, and at least two (2) members shall be professionals in preservation-related disciplines, such as architecture, landscape architecture, architectural history, archaeology, history, planning, or related disciplines such as building trades, real estate, law, cultural geography, or cultural anthropology. If the required number of professional members cannot be found to serve on the Commission, this requirement may be waived until the next vacancy occurs, at which time the Town shall again diligently seek professional representation. In the case of a lack of professional appointees, the Commission may, with Board approval, be allowed to retain professional consultants to advise the Commission as necessary to fulfill its duties. Commission members shall be residents of Chaffee County or property owners within Town of Buena Vista town limits. (c)€ At its first meeting of each calendar year, the Commission shall elect one (1) Commissioner to serve as chair to preside over the meetings, and one (1) Commissioner to serve as vice-chair. The Commissioners so designated shall serve in these capacities for terms of one (1) year, and may serve successive terms. ( Ord. 14 §1 , 2016; Ord. 8 §1, 2017) Sec. 19-4. Meetings of the commission. (a) The Commission shall meet at least quarterly, unless applications or other requests for action are pending, in which case the Commission shall meet at least monthly. (b) A majority of the number of currently appointed regular board members shall constitute a quorum. An alternate may substitute for a regular board member to create a quorum. If a quorum is not present, then the chair of the Commission may set a new date for a special hearing, or the matters scheduled for that hearing shall be heard on the next regularly scheduled hearing date. (c) The Commission shall act only at properly noticed meetings. (d) No Commissioner shall vote on any matter that may materially or apparently affect the property, income, or business interest of that Commissioner. (e) The chair, and in his absence the vice-chair, may administer oaths and compel the attendance of witnesses. Created: 2022-04-22 10:51:23 [EST] (Supp. No. 28) Page 3 of 13 (f) All meetings of the Commission shall be open to the public. Minutes shall be kept of all Commission proceedings, and sent to the State Historic Preservation Office upon approval. (g) The Commission may adopt bylaws and other administrative guidelines to govern the conduct of its meetings, which shall be made available to the public. (h) At least one (1) Commission member must attend a History Colorado approved educational or training event each year. ( Ord. 14 §1 , 2016) Sec. 19-5. Powers of historic preservation commission. (a) To propose for adoption criteria for review of development activities within the MU-MS Zone District. (b) To conduct reviews, and approve, approve with conditions, or deny applications for of exterior alterations to historic structures, alterations affecting a party wall between units in a historic structure or between historic buildings, changes in use of a historic structure, or new construction within the MU-MS Zone District consistent with the criteria set forth in this Chapter. (c) To review structures, sites and districts nominated for designation and make recommendations to the Board of Trustees regarding historic designation. (d) To advise and assist owners of designated structures or sites on physical and financial aspects of preservation, renovation, rehabilitation, and restoration, including nomination to the National Register of Historic Places and State Register of Historic Properties. (e) To develop and assist in public education programs, including but not limited to school programs, walking tours, brochures, a marker program for historic properties, interpretive sites and programs, lectures, and conferences about the history of the local and regional community, the value of preserving historic properties, and the materials and methods of preservation. (f) To determine applications for certificates of historic appropriateness pursuant to this Chapter. (g) To conduct surveys of historic structures, sites and district in order to define those of historic significance, for the purpose of creating a preservation plan of historic properties and districts. (h) To pursue financial assistance for preservation and history-related programs. (i) To maintain records and files on all board actions and provide documentation as necessary to History Colorado, Colorado's State Historic Preservation Office (SHPO). (j) To identify and implement other incentives for owners of historic properties. (k) To authorize and implement such steps as it deems desirable to recognize the merit of and to encourage the protection, enhancement, perpetuation, and use of any historic structure, site or historic district by, without limitation, issuing certificates of recognition and authorizing plaques to be affixed to the exteriors of such structures. (l) To fulfill any other duties required by state and federal law in order to qualify the Town as a Certified Local Government (CLG). ( Ord. 14 §1 , 2016; Ord. §1, 2022) Created: 2022-04-22 10:51:23 [EST] (Supp. No. 28) Page 4 of 13 Sec. 19-6. Procedures for designation of historic structures, sites and historic districts. (a) Nominations for designations shall be made to the Town on forms provided by the Town and may be submitted by the Commission or a citizen. Nominations for historic structures or sites must contain the written approval of all current owners of record. Nominations for historic districts shall have written approval of at least seventy-five percent (75%) of property owners within the proposed boundaries of the district. (b) Once the nomination is deemed completed by Town staff, the Commission shall hold a public hearing on the proposal no more than sixty (60) days after the determination of completeness. (c) Notice of the public hearing before the Commission shall be published and posted on the property subject to the nomination fifteen (15) days prior to the public hearing. Posting for a historic district nomination shall be at street intersections within the boundaries of the proposed district. Further, for district nominations, written notice shall be sent by first class mail at least fifteen (15) days prior to the hearing to all property owners whose property is contained within the proposed district. (d) The Commission may continue the hearing from time to time as necessary to gather all relevant evidence to make its recommendation. The Commission shall consider the subject property's conformance with the purposes, standards, and criteria of this Chapter. (e) Within thirty (30) days after the conclusion of the public hearing, the Commission shall either recommend approval, modification and approval, or denial of the nomination to the Board of Trustees. (f) Within sixty (60) days after the date of the recommendation from the Commission, the Board of Trustees shall hold a public hearing on the nomination. Notice of the public hearing shall be provided as set forth in Section 19-6(c). (g) The Board of Trustees shall, by resolution, approve, modify and approve, or deny the proposed designation, and shall issue written findings in accordance with and after considering the criteria as set forth in this Chapter. Such resolution shall include a description of the characteristics of the site, structure, or district that justify its designation and a description of the features that should be preserved or enhanced, and shall include a legal description of the location and boundaries of the property where the structure is located, site or district. The resolution may also indicate alterations that would have a significant impact upon, or be potentially detrimental to, the historic structure, site or district. The owner or owners of the property nominated or included in the district shall be notified of the Board of Trustees' decision. (h) The resolution shall be recorded with the Chaffee County Clerk and Recorder no sooner than thirty (30) days from the effective date of the resolution. As soon as possible, the staff shall send a copy of the recorded resolution to all property owners in a designated district or the owner of the designated structure or site. (i) A structure or site designated as historic or a structure located within a historic district shall retain that designation in perpetuity, unless the structure or site has lost its historic character or the designation has been otherwise revoked pursuant this Chapter. ( Ord. 14 §1 , 2016) Sec. 19-7. Criteria for designation—Structures and sites. (a) The Commission and Board of Trustees will consider the following criteria in reviewing nominations of structures and sites for historic designation: Created: 2022-04-22 10:51:23 [EST] (Supp. No. 28) Page 5 of 13  (1) Properties receiving historic designations shall be at least fifty (50) years old, except as otherwise provided herein, and possess architectural, social, or geographical/environmental importance by meeting at least one (1) or more of the following: a. Exemplifies specific elements of an architectural style or period; b. Is an example of the work of an architect or builder who is recognized for expertise nationally, statewide, regionally, or locally; c. Demonstrates superior craftsmanship or high artistic value; d. Represents an innovation in construction, materials, or design; e. Represents a style particularly associated with the Buena Vista/Chaffee County area; f. Represents a built environment of a group of people in an era of history; g. Represents a pattern or grouping of elements representing at least one (1) of the above criteria; h. Is the site of a historic event that had an effect upon society; i. Exemplifies cultural, political, economic, or social heritage of the community; j. Represents an association with a notable person or the work of a notable person; k. Represents a typical example/association with a particular ethnic group; l. Represents a unique example of an event in Buena Vista's history; m. Enhances sense of identity of the community; n. Is an established and familiar natural setting or visual feature of the community; o. Properties that have yielded or may be likely to yield, information important in history or prehistory; or p. If the property is less than fifty (50) years old, must demonstrate overwhelming historic significance. (b) Any site listed on the state or national register of historic places shall be deemed to qualify for local designation under this Chapter, but shall not be locally designated until an application for nomination is filed and processed pursuant to this Chapter. ( Ord. 14 §1 , 2016) Sec. 19-8. Criteria for designation—Districts. (a) Historic districts must comply with the criteria in Section 19-7 and be related by a pattern of either physical elements or social activities. Significance is determined by applying criteria in this Chapter to the patterns and unifying elements. (b) Properties that do not contribute to the significance of the historic district may be included within the boundaries, as long as the noncontributing elements do not noticeably detract from the district's sense of time, place, and historic development. Noncontributing elements will be evaluated for their magnitude of impact by considering their size, scale, design, location, or information potential. ( Ord. 14 §1 , 2016) Created: 2022-04-22 10:51:23 [EST] (Supp. No. 28) Page 6 of 13 Sec. 19-9. Revocation of designation. (a) If a designated structure or physical feature on a designated site is destroyed or demolished through no fault of the owner or in compliance with this Chapter, the owner may apply to the Town for revocation of designation. The Commission shall recommend revocation of a historic designation if it determines that, without the demolished structure or physical feature, the structure or site as a whole no longer meets the purposes and criteria of this Chapter and if the public benefits of alteration, removal, or demolition of the structure or physical feature outweigh the public benefits of maintaining the designation. (b) Upon the Commission's recommendation, the application scheduled for consideration by the Board of Trustees. The Board of Trustees shall, by resolution, approve, modify and approve, or deny the application. The resolution, if it approves or modifies and approves the revocation, it shall be recorded with the Chaffee County Clerk and Recorder no sooner than thirty (30) days after the decision. ( Ord. 14 §1 , 2016) Sec. 19-10. Duties and obligations of owners of historic properties. (a) It shall be unlawful for the owners of designated structures, site or contributing structures in a designated district to allow the deterioration of the property, its character defining features, or its surrounding environment. Landscaping must be maintained and the property kept free from any hazardous or unsafe conditions. (b) Before an owner is cited for failure to maintain the designated site or structure, or contributing structure in a designated district, the Commission shall notify the property owner, lessee, or occupant of the need to repair or maintain, shall assist the owner, lessee, or occupant in determining how to preserve the property, and shall give the owner a reasonable time to perform such work, which time shall not exceed one hundred twenty (120) days. The Commission may grant extensions of the time period for good cause. ( Ord. 14 §1 , 2016; Ord. 2 , § 3, 2021) Sec. 19-11. Certificate of historic appropriateness. (a) A certificate of historic appropriateness is required for exterior alterations to structures, alterations affecting a party wall between units in a structure or between buildings, changes in use of a structure, or new construction within the MU-MS Zone District alteration, other than maintenance and repair, on any property within the MU-MS zone district designated structure or site. It shall be unlawful for any person to undertake any alteration, other than maintenance and repair, without having first obtained a certificate of historic appropriateness. (b) The Commission shall review any application for a certificate of historic appropriateness to determine whether the application meets the criteria in this Chapter. (c) All proposals for certificates of historic appropriateness shall be reviewed in accordance with the U.S. Secretary of the Interior's Guidelines for Rehabilitation and any the Architectural dDesign gGuidelines as approved and amended by the Town Board of Trustees. (d) Procedures Applicable to all Certificates of Historic Appropriateness (1) All applications for Certificates of Historic Appropriateness within the MU-MS Zone District will follow the review procedures as detailed section 19-18. Created: 2022-04-22 10:51:23 [EST] (Supp. No. 28) Page 7 of 13  (2) Application materials shall comply with the requirements of Site Plan application submittals as detailed in Chapter 16 of this code and as required by Town staff. (ed) The following criteria shall apply to all alterations or changes: (1) All proposed alterations must be consistent with the U.S. Secretary of the Interior's Standards for the Treatment of Historic Properties and any design guidelines approved by the Board of Trustees. (2) Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. (3) The removal or alteration of any historical material or distinctive features shall be avoided when possible. (4) Deteriorated historic features shall be repaired rather than replaced when possible. When the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. (5) Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. (6) Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. (7) Alterations shall not destroy historic materials that characterize the property and shall be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic landmark and its environment would be unimpaired. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. (8) All historic or contributing buildings, structures, and sites shall be recognized as products of their own time and place. Changes that may have taken place in the course of time are evidence of the history and development of a building, structure, site, or environment. These changes may have acquired significance in their own right, and every consideration should be made for their retention and preservation. If they are not to be retained, the applicant must present a reasonable argument for their removal that restores the structure to a significant historical period in the structure's history. Alterations that have no historical basis and which seek to create an earlier or nonlocal appearance shall be discouraged. (9) Façade alterations must conform to the standards of 19-11(f)(1) here below as applicable to the alterations scope of work. (10) Demonstrate substantial compliance with the rest of the Architectural Design Guidelines on all applicable items on the Architectural Design Guidelines Review Checklist. (f) The following criteria shall apply to all new construction within the MU-MS Zone District: (1) All new construction within the MU-MS Zone District shall: a. Maintain a maximum height of 30’ and two stories West of Court Street and a maximum height of 35’ and three stories to the East of Court Street; b. Utilize large storefront windows on the first floor with upper transoms and wood, metal, or brick kick plates; Created: 2022-04-22 10:51:23 [EST] (Supp. No. 28) Page 8 of 13  c. Have their primary entrances as recessed doorways off of Main Street; d. Utilize the module width of 25’ as described in section 4.4.2 of the Architectural Design Guidelines; e. Utilize double-hung windows in any second story which are at minimum two times as tall as they are wide; f. Utilize exterior materials as described in section 4.5 of the Architectural Design Guidelines; g. Demonstrate substantial compliance with the rest of the Architectural Design Guidelines on all applicable items on the Architectural Design Guidelines Review Checklist. (ge) The Commission shall approve, modify and approve or deny the application. Any decision of the Commission approving or disapproving an application for a certificate of historic appropriateness. The Town shall issue a certificate of historic appropriateness for any proposed work on a designated historical structure or site only if the Commission can determine that the proposed work would not detrimentally alter, destroy, or adversely affect any feature that was found by the Board of Trustees in the original designation to contribute to the designation of the structure or site. ( Ord. 14 §1 , 2016; Ord. 2 , § 4, 5, 2021) Sec. 19-12. Hardship exemption. (a) The Commission may exempt a structure or site from the requirement of obtaining a certificate of historic appropriateness or certificate of demolition if the Commission finds that the property owner has shown that the obtaining of a certificate creates or would create an undue hardship. (b) An exemption based on noneconomic hardship may be found by the Commission when requirement to obtain a certificate creates a situation substantially inadequate to meet the applicant's needs because of specific health or safety issues. (c) An exemption based on economic hardship may be found by the Commission applying the following standards: (1) The applicant's knowledge of the designation at the time of acquisition, or whether the property was designated subsequent to acquisition; (2) The current level of economic return on the property as considered in relation to the following: a. The marketability of the property for sale or lease, considered in relation to any listing of the property for sale or lease, and price asked and offers received, if any, within the previous two (2) years. b. The infeasibility or feasibility of alternative uses that can earn a reasonable economic return for the property. c. Economic incentives or funding available to the applicant through federal, state, town, or private programs. (3) Economic hardship does not include self-created hardships, willful or negligent acts by the owner, purchase of the property for substantially more than the market value, failure to perform normal maintenance and repairs, failure to diligently solicit and retain tenants, or failure to provide normal tenant improvements. (d) The Commission shall hold a public hearing as soon as practical, after the notice prescribed in Section 19- 6(c), to take final action on the application. Created: 2022-04-22 10:51:23 [EST] (Supp. No. 28) Page 9 of 13  (1) If after reviewing all of the evidence, the Commission finds that the application of the standards set forth in subsection (c) of this section results in economic hardship, then the commission shall issue a certificate of economic hardship, allowing the proposed alteration, or a certificate of demolition. (2) If the Commission finds that the application of the standards set forth in subsection (c) of this section does not result in economic hardship, then the certificate of demolition shall be denied. ( Ord. 14 §1 , 2016; Ord. 13 , § 2, 2019; Ord. 2 , § 6, 2021) Sec. 19-13. Certificate of demolition. (a) It shall be unlawful for any designated historic structure or site, designated structure or site, or contributing structure in a historic district to be demolished without having first obtained a certificate for demolition. If a certificate for demolition is requested on any basis other than that of an imminent hazard or economic hardship, a certificate of demolition will not be issued until all criteria in subsection (b) of this Section are met. (b) Applicants requesting a certificate of demolition must provide data to clearly demonstrate that the situation meets all of the following criteria: (1) The structure proposed for demolition is not structurally sound despite evidence of the owner's efforts to properly maintain the structure. An architect or engineer with extensive historic building experience will be required to submit a report with sufficient evidence related to the building's structural integrity. (2) The structure cannot be rehabilitated or reused on-site to provide for any reasonable beneficial use of the property. (3) The structure cannot be practically moved to another site. (4) The applicant demonstrates that the proposal mitigates to the greatest extent practical the following: a. Any impacts that occur to the visual character of the neighborhood where demolition is proposed to occur; b. Any impact on the historic importance of the remaining structures located on the property and adjacent properties; and c. Any impact to the architectural integrity of the remaining structures located on the property and adjacent properties. (c) In the case of archaeological sites, consideration will be given to whether information can be recovered as part of the demolition process. (d) Review criteria for partial demolition: (1) The partial demolition is required for the renovation, restoration, or rehabilitation of the structure; and (2) The applicant must mitigate, to the greatest extent possible: a. Impacts on the historic importance or character defining features of the structures located on the property. b. Impacts on the architectural integrity of the structures located on the property. ( Ord. 14 §1 , 2016; Ord. 2 , § 7, 2021) Created: 2022-04-22 10:51:23 [EST] (Supp. No. 28) Page 10 of 13 Sec. 19-14. Alteration, demolition or relocation of non-designated structures. (a) No person shall alter, demolish, or relocate any structure over fifty (50) years old, or any portion thereof, without first applying for and receiving a certificate from the Planning Department. (b) Within thirty (30) days of receipt of an application required under this Section, the Planning Department shall determine whether the structure is eligible for historic designation by applying the criteria for designation set forth in Section 19-7. If the Planning Department determines the structure is ineligible for designation, a certificate shall be issued. If the Planning Department determines the structure is eligible for designation, the Planning Department shall next determine whether the proposal will impact the historic importance or character-defining features of the structure. If not, the Planning Department shall issue the certificate. If the proposal will impact the historic importance or character-defining features of the structure, the application shall be forwarded to the Commission for determination of its eligibility for designation under the criteria for designation set forth in Section 19-7. Failure to meet the thirty (30) day deadline shall result in immediate issuance of a certificate if all other applicable requirements have been met. (c) If the application is forwarded to the Commission, the Commission shall hold a public hearing within sixty (60) days after Planning Department referral. If the Commission fails to hold a public hearing within such 60- day period, the certificate shall be issued if all other applicable requirements have been met. (d) If the Commission determines that the non-designated structure qualifies for designation under the criteria in this Chapter, the application for a certificate to alter, demolish, or relocate the structure shall be suspended for a period of up to one hundred eighty (180) days. The Commission may include a nonbinding recommendation for the duration of the suspension in its determination. During the period of suspension, the Town Administrator may take any action the Town Administrator deems necessary and consistent with the purposes and intent of this Chapter to preserve the structure, including, without limitation, consulting with civic groups, public agencies, and interested citizens; recommending acquisition of the property by private or public bodies or agencies; exploring the possibility of moving buildings that would otherwise be demolished; salvaging building materials, and looking for alternatives to the proposed action which will not have any adverse impact on the historic significance of the structure. The Town Administrator shall work with the owner to preserve the historic nature of the structure. If the owner still desires to demolish or relocate the structure after expiration of the 180-day suspension period or upon determination by the Town Administrator that all actions authorized hereunder have been satisfactorily pursued, whichever occurs first, the certificate shall be issued if all other applicable requirements have been met. (e) The Town may require the preservation or salvage of specific architectural elements of the structure and the opportunity to document the building photographically prior to alteration, demolition, or relocation of the structure. (Ord. 13 , § 3, 2019) Editor's note(s)—Ord. 13 , § 3, adopted Nov. 12, 2019, changed the title of § 19-14 from "DemolitonDemolition or relocation of non-designated buildings" to read as herein set out. Sec. 19-15. Unsafe or dangerous conditions exempted. Nothing in this Chapter shall be construed to prevent any measures of construction, alteration, removal, or demolition necessary to correct the unsafe or dangerous condition of any structure, other feature, or parts thereof, where such condition is declared unsafe or dangerous by the Town and where the proposed measures have been declared necessary by the chief building official to correct the condition, as long as only such work that is necessary to correct the condition is performed. Any temporary measures may be taken without first obtaining a Created: 2022-04-22 10:51:23 [EST] (Supp. No. 28) Page 11 of 13 certificate of historic appropriateness under this Chapter, but a certificate is required for permanent alteration, removal, or demolition. Sec. 19-16. Appeals. (a) Any person aggrieved by a Historic Preservation Commission decision may appeal the decision to the Board of Trustees by following the procedures set forth in this Section. (b) A formal notice of appeal shall be filed with the Town no later than fifteen (15) working days from the date of decision. The notice shall conform with the requirements of this Section, along with the applicable filing fee. (c) Upon receipt of the appeal, the Town Clerk shall schedule the appeal for the next regularly scheduled meeting of the Board of Trustees that allows for publication and posting required per Section 19-6(c). (d) Appeals shall be reviewed on the basis of the record before the Commission to determine the following: (1) If the Design Guidelines were adhered to, if guidelines have been adopted by the Town; and (2) If the Code was interpreted or applied erroneously. (e) A perfected appeal shall operate as a stay of the decision unless determined otherwise by the Board of Trustees. (f) Once scheduled, an appeal may only be postponed by the aggrieved party upon a showing of good cause. (g) The Board of Trustees shall have the power to affirm, reverse, modify or remand for additional review the action under appeal. The hearing shall be limited to matters raised on appeal. No new evidence shall be admitted at a public hearing. (h) The failure to appeal within the fifteen-day period shall be deemed to be a waiver of the right to appeal for failure to exhaust administrative remedies. (i) The appeal filing fee shall be per the published fee schedule as determined by the Board of Trustees. Failure to pay the fee according to the published fee schedule shall be deemed to be a waiver of the right to appeal. ( Ord. 14 §1 , 2016) Sec. 19-17. Enforcement and penalties. (a) It shall be unlawful for any person to violate a provision of this Chapter or the terms of a certificate of historic appropriateness. Any person, either as owner, lessee, occupant, or otherwise, who violates any of the provisions of this Chapter or any amendment thereof, or who interferes in any manner with any person in the performance of a right or duty granted or imposed upon him by the provisions of this Chapter, shall be subject to penalties in Section 1-72 of the Municipal Code. (b) In addition to the remedies in Section 19-17(a) above, if a designated structure is altered or demolished in violation of this Chapter, the violation shall be grounds for the Town to deny any permit required under the Municipal Code related to the use of the property or building on the property for a period of five (5) years from the Town's discovery of the violation or the Town may seek order from the Municipal Court or other court of competent jurisdiction an order from the court requiring the owner to cease the alteration or demolition or requiring the owner to return the structure to its condition prior to the unlawful alteration or demolition, including reconstruction of the structure in a manner that replicates as closely as possible the original structure. An owner subject to the remedies in this subsection may file for an appropriate permit under this Chapter seeking approval from the Town for the alteration or demolition. Such permit application shall be accompanied by the payment of an amount that is equal to double the current application fee. If the Created: 2022-04-22 10:51:23 [EST] (Supp. No. 28) Page 12 of 13  Town approves the application, then the five (5) year moratorium on permits shall be lifted and the owner may seek vacation of any court order. (c) The remedies in this Section shall be deemed cumulative. ( Ord. 14 §1 , 2016) Sec. 19-18. Mandatory Review for Certain Work. (a) Exterior alterations to a historic structures, alterations affecting a party wall between units in a historic structure or between historic structures, a change in use of a historic structure, or new construction in the MU-MS district shall be subject to a mandatory review and approval by the Commission. (b) Any Commission review and decision shall take place priormay be concurrent with to other review procedures as defined in Chapter 16 of this code. (c) Unless otherwise noted herein, the Commission shall use the Architectural Design Guidelines as adopted and amended by the Board of Trustees as a basis for its review of applicable applications. (d) All development applications for work described in subsection 19-18(a) above shall require the applicant to hold a pre-application meeting with at least one member of the Commission, as coordinated and attended by planning staff. (e) Upon submission and acceptance by staff of the relevant application, staff will determine whether Commission review will be required. Changes in use which do result in alteration to the structure, or only propose interior modifications may be reviewed only by staff. Staff will use the Architectural Design Guidelines during the staff review process. (f) If staff refers the application to the Commission for review, within 45 days of the referral, the Commission shall consider the application and staff report. The Commission will provide recommendations to the applicant based on the Architectural Design Guidelines. The Commission recommendations will be provided to the applicant within 10 days following the meeting. Any recommendations from the Commission are not binding on the applicant or owner. Created: 2022-04-22 10:51:23 [EST] (Supp. No. 28) Page 13 of 13