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Section 16-9-1. Title. This ordinance shall be known and cited as the Northglenn Historic Preservation Ordinance.

[Source: Ord. 1162, 1997]

Section 16-9-2. Purpose and Declaration of Policy.

It is hereby declared as a matter of public policy that the protection, preservation and enhancement of structures and districts of cultural, historical and architectural significance, located within the City , is a public necessity, and is required in the interest of the economic development, civic pride, and general welfare of the people of the City of Northglenn.

The purpose of this Article is to promote the public health, safety and welfare through:

The designation, preservation, protection, enhancement and perpetuation of those structures and areas which reflect outstanding elements of the City's cultural, social, economical, political, architectural, historic or other heritage;

The enhancement of property values and the stabilization of historic neighborhoods.

The promotion of civic pride in the beauty and accomplishments of the past as represented in the City's landmarks and historic areas;

The protection and enhancement of the City's attractiveness to tourists, visitors, home buyers and shoppers, thereby supporting local business, commerce, and industry;

The promotion of good urban design and the perpetuation of open space; and

The provision of educational opportunities to increase public appreciation of the City's unique heritage.

The intent of this Article is to create a method to draw a reasonable balance between private property rights and the public interest in preserving the City's unique heritage and historic character by ensuring that demolition or alteration of properties with historical significance shall be carefully considered.

[Source: Ord. 1162, 1997]

Section 16-9-3. Definitions.

Unless specifically defined below, words and phrases in this Article shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Article its most reasonable application.

Alteration means any act or process that changes one or more or the exterior architectural features of a structure.

Alteration Certificate means a certificate issued by the Historic Preservation Commission indicating its approval of plans for the alteration, construction, restoration, removal or demolition of a designed landmark or of a structure within a designated Historic District.

Certificate of Economic Hardship means a certificate issued by the Historic Preservation Commission authorizing alteration, construction, restoration, removal or demolition of a landmark or of a structure within a designated Historic District, even though a Certificate of Appropriateness has previously been denied.

Commission means the Historic Preservation Commission.

Commissioner means a member of the Historic Preservation Commission.

Construction means the act or process of adding an addition to an existing structure, the remodeling of an existing structure, or the erection of a new structure.

Demolition means any act or process that destroys in part or in whole a landmark or a structure within a designated Historic District.

Design Guidelines means a standard of appropriate activity that will preserve the historic character of a structure or Historic District.

Exterior Architectural Feature means the architectural style, design, general arrangement and components of the outer surfaces of a structure, including but not limited to the color, texture, materials, type, size and style of all windows, doors, roofs, lights, siding, signs and other fixtures appurtenant to the structure.

Historic District means an area designated by ordinance of the Council, which may contain within definable geographic boundaries one or more landmarks or structures that contribute to the overall aesthetic characteristics of a landmark or landmarks located within the area.

Landmark means a property or structure designated by ordinance of the Council, that is worthy of rehabilitation, restoration and preservation because of its cultural, architectural and/or historical significance to the City of Northglenn.

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.

[Source: Ord. 1162, 1997]

Section 16-9-4. Historic Preservation Commission Established.

There is hereby created a Historic Preservation Commission which shall have principal responsibility for matters of historic preservation as set forth in this Article.

The Commission shall consist of no less than seven (7) members, who shall be appointed by the City Council.

The members shall serve three (3) year staggered terms from the date of appointment. To stagger the initial terms of membership, the original Commission shall consist of : two (2) members to serve one (1) year terms; two (2) members to serve two (2) year terms; and three (3) members to serve three (3) year terms.

All members shall serve without compensation, except for such amounts determined appropriate by the City Council to offset expenses incurred in performance of their duties.

Members may be removed for cause by the City Council.

The Commission shall, by majority vote, elect one (1) of its members to serve as chairperson to preside over the meetings, and one (1) member to serve as vice-chairperson. The members so designated shall serve in these capacities for terms of one (1) year, and may serve successive terms.

The Commission shall, by majority vote, elect one (1) of its members to serve as secretary. The secretary shall take minutes of each meeting, be responsible for publication and distribution of copies of the minutes, reports, and decisions of the Commission to its members, and give notice as provided by law of all public hearings conducted by the Commission.

The City Council shall also appoint two (2) alternate members who shall have the same qualifications provided for by this Section 16-9-4.

[Source: Ord. 1502, 2007]

Section 16-9-5. Meetings of the Commission.

The Commission shall hold at least one regularly scheduled meeting per month. Meetings shall be scheduled by resolution of the Commission at the beginning of each calendar year. The Commission chairperson may call a meeting at any time.

The Commission shall act only at meetings.

No member of the Commission shall vote on any matter that may materially or apparently affect the property, income, or business interest of that member.

The chairperson, and in his absence the vice-chairperson, may administer oaths and compel the attendance of witnesses.

All meetings of the Commission shall be open to the public.

A quorum for the Commission shall consist of a majority of the regular membership (excluding vacant seats). A quorum is necessary for the Commission to hold a public hearing or take official action. A tie vote shall be deemed denial of the motion or recommend action.

[Source: Ord. 1162, 1997]

Section 16-9-6. Powers and Duties of the Commission. The Commission shall have the following powers and duties:

To adopt its own procedural regulations.

To conduct an ongoing survey to identify properties, structures and areas that are culturally, architecturally and /or historically significant to the City, county, state or nation.

To keep a register of all properties, structures, and areas that have been designated as landmarks or Historic Districts.

To hold public hearings for reviewing applications for construction, alteration, restoration, removal, or demolition affecting proposed or designated landmarks or structures within designated Historic Districts.

To issue or deny Alteration Certificates and Certificates of Economic Hardship.

To adopt criteria and specific design guidelines for review of historic resources and for review of proposals to alter, restore, demolish or move designated structures and/or resources.

To review structures, resources and areas nominated for designation as either a landmark or Historic District, and recommend that the City Council make such designations by ordinance.

To advise and assist owners of designated landmarks and structures within a designated Historic District on physical and financial aspects of preservation, renovation, restoration and rehabilitation, including nomination to the National Register of Historic Places.

To develop and assist in public education programs including but not limited to walking tours, brochures, lectures, and conference.

To advise the City Council on matters related to preserving the overall historic character of the City.

To actively pursue financial assistance for historic preservation programs.

To administer on behalf of the City any property or full or partial interest in real property, including easements, that the City may own or accept as a gift or otherwise, upon authorization and approval of the City Council.

To testify before all boards and commissions, including the Planning Commission and the Board of Adjustment, on any matter affecting a designated landmark or designated Historic District.

To undertake any other action or activity necessary or appropriate to the implementation of its powers and duties or to the implementation of the purpose of this Article.

[Source: Ord. 1162, 1997]

Section 16-9-7. Designation of Landmarks and Historic Districts.

Pursuant to the procedures set forth herein, the City Council may, by ordinance:

Designate as a landmark an individual structure or other feature or an integrated group of structures and features on a single lot or site having cultural, architectural or historical significance; and

Designate as a Historic District an area containing a number of structures having cultural, architectural or historical significance.

Each such designating ordinance shall include a description of the characteristics of the landmark or Historic District which justify 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 landmark site or Historic District.

The designating ordinance may also indicate alterations which would have a significant impact upon, or be potentially detrimental to, the landmark or Historic District.

Any designation of a landmark or Historic District shall be in furtherance of and in conformance with the purposes and standards set forth in this Article.

The property included in a designated landmark or Historic District shall be subject to the controls and standards set forth in this Article, and eligible for such incentive programs as may be developed by the Commission.

[Source: Ord. 1162, 1997]

Section 16-9-8. Procedure for Designation.

Nominations for designation shall be made to the commission on a form prepared by it and may be submitted by a member of the Commission, the owner(s) of record of the nominated property or structure(s), the City Council, or any other person or organization.

Upon nomination, the Commission shall contact the owner(s) of record of all affected property, and if possible, secure the consent of the owner(s) to such designation.

Whether or not the property owner(s) consent to the designation, the Commission shall hold a public hearing on the nomination no more than sixty (60) days after the filing of the application. Notice of the date, time, place and general subject matter of such hearing shall be published at least once in a newspaper of general circulation in the City, not less than fifteen (15) days prior to the hearing. In addition, the Commission shall post notice of the hearing on the nominated property, structure(s) or area(s) at least fifteen (15) days prior to the hearing. Finally, written notice shall be sent by first class mail at least fifteen (15) days prior to the hearing to all property owners (as determined from county records) whose property would be affected by the proposed designation.

At the public hearing, the Commission shall hear evidence in support of or against the proposed designation, and then make a determination as to whether nominated property, structure(s), or area(s) possesses one or more of the following criteria:

Character, interest or value as part of the development, heritage or cultural characteristics of the City, county, state or nation;

Location as the site of a significant local, county, state or national event;

Identification with a person or persons who significantly contributed to the development of the City, county, state or nation;

Embodiment of distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction, or use of indigenous materials;

Identification as the work of a master builder, designer, architect, or landscape architect whose individual work has influenced the development of the City, county, state or nation;

Embodiment of elements of design, detailing, materials, or craftsmanship of architectural significance or innovation;

Unique location or singular physical characteristic that make it an established or familiar visual feature; or

Character as a particularly fine or unique example of a utilitarian structure, including, but not limited to, farmhouses, gas stations, or other commercial structures with a high level of integrity or architectural significance.

The secretary of the Commission shall keep a record of the name and address of each speaker at the hearing, the speaker's interest in the hearing, and a summary of the relevant portions of each statement.

Any property, structure or area that meets one or more of the above criteria, and is suitable for preservation or restoration, shall be considered by the Commission for designation as a landmark or Historic District.

Within thirty (30) days after the public hearing, the Commission shall recommend approval, modification and approval, or denial of the application for designation. If recommended for approval, the Commission shall refer the application to the City Council.

Within thirty (30) days after the referral from the Commission, the City Council shall hold a public hearing on the proposed designation. Notice of the date, time, place and general subject matter of such hearing shall be published at least once in a newspaper of general circulation in the City, not less than fifteen (15) days prior to the hearing. In addition, notice of the hearing shall be posted on the nominated property, structure(s) or area(s) at least fifteen (15) days prior to the hearing.

At the public hearing, the City Council shall hear evidence in support of or against the proposed designation.

Within thirty (30) days of the public hearing, the City Council shall approve, modify and approve or deny the proposed designation. If the designation is approved, the City Council shall pass a designating ordinance.

Within fifteen (15) days of the effective date of the designating ordinance, the Commission shall record with the county clerk and recorder a certified copy of the ordinance.

[Source: Ord. 1162, 1997]

Section 16-9-9. Appeal of Denial of Designation.

If the Commission determines that a particular property or area does not meet the criteria for designation as a landmark or historic district, the affected property owner may appeal the commission's decision by filing a written appeal with the City Council within (30) days of receipt of the notice of the Commission's decision.

[Source: Ord. 1162, 1997]

Section 16-9-10. Revocation of Designation.

If a building or special feature on a designated landmark site has been lawfully removed or demolished, the owner may apply to the Commission for a revocation of the designation.

The Commission shall revoke a landmark designation if it determines that the property no longer meets the purposes and standards set forth in this Article.

The procedure for revoking a designation shall be the procedure outlined in Section 16-9-8.

[Source: Ord. 1162, 1997]

Section 16-9-11. Alteration Certificate Required.

No persons shall cause or permit to be caused on a designated landmark site or within a designated Historic District any construction, alteration, restoration, removal or demolition of a structure or other designated feature without first obtaining an Alteration Certificate for the proposed work from the Commission.

The building department shall not issue a building permit for work on a designated landmark property or structures within a Historic District until an Alteration Certificate has been obtained by the property owner or the person seeking to do the work.

An application for any construction, alteration, removal or demolition of a structure or other designated feature of a landmark site or Historic District must be filed with the Commission on a form provided by the Commission.

The Commission shall consider the application at its next regular meeting, and determine whether the proposal preserves the criteria for which the structure or site was designated, or adds to the architectural, cultural or historical significance of the structure or site. The Commission shall issue written findings and conclusions within forty-five (45) days of receipt of the application. The written decision shall state reasons for the approval or denial of the application.

If the application is denied, the applicant may submit an amended application.

Nothing in this Section shall be construed to prevent construction, alteration, restoration, 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 building department or fire department, and where the proposed measures have been declared necessary by the City Manager. Only such work as is absolutely necessary to correct the unsafe or dangerous condition shall be permitted.

Nothing in this Section shall be construed to prevent construction, alteration, restoration, removal or demolition conducted by the City of Northglenn including, but not limited to, such activities related to water and sanitary sewer utility operations.

Any temporary construction or alteration may be undertaken without first obtaining an Alteration Certificate.

[Source: Ord. 1162, 1997]

Section 16-9-12. Certificate of Economic Hardship.

Application for a Certificate of Economic Hardship shall be made on a form prepared by the Commission, the Commission shall schedule a public hearing and provide notice as outlined in Section 16-9-8. Any person may testify at the hearing concerning the economic hardship of the applicant.

The Commission shall consider the following factors in determining whether to issue a Certificate of Economic Hardship:

The cost of the proposed construction, alteration, restoration, removal or demolition, and the estimated additional cost, if any, of complying with the recommendations of the Commission for changes necessary for the issuance of an Alteration Certificate;

A report from a licensed engineer or architect concerning the structural soundness of any structures on the property and their suitability for rehabilitation;

The estimated market value of the property in its current condition, after completion of the proposed work, after any changes in the proposed work recommended by the Commission, and in the case of a demolition, after renovation of the property for other uses;

The amount paid for the property, the date of purchase, the party from whom the property was purchased, and the relationship, if any, between the applicant and the person from whom the property was purchased;

If the property is income-producing, the annual gross income and itemized operating and maintenance expenses from the property for the previous two (2) years;

The remaining balance on any mortgage or other financing secured by the property;

Any appraisals of property value obtained by the applicant or property owner within the previous two (2) years;

Any listing of the property for sale or rent, price asked and offers received, if any, during the previous two (2) years;

The real estate taxes on the property for the previous two (2) years; and

Any other information that may be relevant for the Commission's consideration of the application.

The Commission shall review the evidence and testimony presented, and issue written findings and conclusions within forty-five (45) days of receipt of the application. If a Certificate of Economic Hardship is granted, the applicant may proceed with the construction, alteration, restoration, removal or demolition without further delay imposed by this Article.

[Source: Ord. 1162, 1997]

Section 16-9-13. Enforcement and Penalties.

Any persons violating or permitting the violation of any of the requirements of this Article shall be subject to the penalties provided in Section 1-1-10(a)(2) of this Code.

The following are additional penalties imposed by this Article:

Alterations to a designated landmark or Historic District without an approved Alteration Certificate will result in a one (1) year moratorium on all building permits for the subject property; and

Moving or demolishing a designated structure without on Alteration Certificate will result in a five (5) year moratorium on all moving, demolition or building permits for the structure and the subject property.

Any persons who knowingly or intentionally injures, defaces, damages or destroys property within a designated Historic District or property that has been designated as a landmark shall be subject to the penalties provided in Chapter 9 of this Code.

[Source: Ord. 1162, 1997]