7-20-100 Historic Preservation

(b) Recognition of Historic Resources – Three-Tiered System

• The first step for the preservation of the county’s significant historic resources is the identification of the sites, structures, buildings and areas associated with the county’s historic development and then a systematic public process to determine their value to the community. This process is intended to provide a means of deciding and communicating which properties are in the public interest to protect. The three-tiered system for recognition takes into account the relative importance of the range of historic resources that exist in the county. The basic level of recognition by the County is listing on an inventory. Listing on the Pitkin County Historic Inventory has no regulation associated with it (with the exception of a demolition permit as required on all properties in the County), unless the property owner voluntarily agrees to regulation, and there are selected incentive programs available to inventory properties. Inclusion on the historic inventory makes properties eligible for designation to the Pitkin County Historic Register. Properties designated on the Historic Register are afforded protection through the regulation of demolition and exterior rehabilitation work. Register properties are also eligible for an array of optional incentives as well as the base incentives provided by the County to assist in the preservation of its significant historic and architectural resources. While the County makes an effort to identify those properties eligible for the Historic Inventory or Historic Register, owners of historic properties interested in the recognition of their significance and assistance in their preservation are encouraged to apply for listing or designation of their properties. In addition to the Historic Inventory and Register, there is a Redstone Historic District, in which properties are subject to the guidelines and procedures in the 2004 Village of Redstone Design Guidelines.

1. The Pitkin County Historic Inventory
   • This section sets forth the criteria and process for listing on the Historic Inventory and identifies the incentives available to properties listed on the inventory. The Inventory list, which is maintained by the Community Development Department, is intended to provide a comprehensive list of those sites, structures, buildings, objects, features and areas that have associative qualities and/or physical characteristics that illustrate the historic and architectural influences that have shaped the county’s historic built environment and cultural landscapes. The locations of those properties listed on the Pitkin County Historic Inventory are indicated on documents available at the Community Development Department.
     • (a) Criteria for Inclusion in the Inventory
       • Individual sites, structures, buildings, objects and features or collections of sites, structures, buildings, objects and features can be included in the inventory with evidence that these property types are associated with, represent or illustrate through their location, setting, physical form, materials and/or workmanship the following historic contexts:
         1. Agriculture
         2. Ranching
         3. Railroads
         4. Mining
         5. Tourism
         6. Community Development & Planning
         7. Vernacular Architecture
         8. Rustic Architecture
         9. Victorian Architecture
         10. Work of a Master
         11. Association with individuals whose contribution to local, state, regional or national history is deemed important and has been documented
         12. Prehistoric Occupations
     • (b) Sufficient Evidence for Inclusion on Inventory
       • Staff will update the Inventory as information is compiled (i) in the conduct of historic resource surveys, and (ii) as part of the review of development projects, and (iii) through the submission of information by property owners, preservation organizations and interested citizens. Sufficient evidence that a property type merits inclusion on the Pitkin County Historic Inventory includes:
         1. Listing individually or as a “Contributor” to an historic district on the Colorado State Register of Historic Properties or the National Register of Historic Places, or
         2. Determination as to eligibility either individually or as historic district contributor and associated documentation as part of a State Historic Preservation Office sponsored survey or National Historic Preservation Act of 1966, as amended, Section 106 consultation, or
         3. Conducting research and preparing a written report supplemented with photographs, maps and drawings, as necessary, in conformance with the Secretary of Interior’s Standards for Identification and Evaluation, or
         4. Documentation by individuals or firms meeting the Secretary of Interior’s Standards for Professional Qualifications, or
         5. Properties identified as part of a public planning process that have a high level of significance and support for its preservation by the community.
     • (c) Historic Inventory Information
       • Information maintained by Pitkin County as part of the Pitkin County Historic Inventory will include, but not be limited to: (i) historic resource name; (ii) historic property type classification, (iii) address, (iv) documentation of significance, (v) photographs, (vi) boundaries, as applicable, and (vii) ownership.
2. Pitkin County Historic Register
   • It is recognized that there exist some historic properties that possess a level of historic, architectural or cultural significance; integrity, visual prominence and/or high value to the community such that they are of greater importance and clearly distinguishable from other historic resources. The Pitkin County Historic Register is hereby established to ensure the protection of and encourage the preservation and enhancement of these significant historic resources.
     • (a) Criteria for Designation to the Historic Register
       • Properties may be designated to the Historic Register through resolution of the Board of County Commissioners after a One-Step Review process, as described in Sec. 2-30-30. Properties eligible for designation to the Historic Register include individual sites, structures, buildings, objects and features or collections of sites, structures, buildings, objects and features. These historic properties must meet the criteria and have the minimum level of documentation for listing on the Pitkin County Historic Inventory. Additionally, to initiate the designation process, a set of findings must be prepared documenting the higher level of significance for the historic resource(s). Included in the analysis shall be information about:
         1. Importance of the historic theme to which the resource is related to the County’s history.
         2. The number of other historic properties that this resource represents and how it is exemplary.
         3. The resource’s level of integrity of location, setting, design, materials, workmanship, feeling and association.
         4. The qualities of singularity such as rarity, uniqueness, and age.
         5. Visual prominence.
         6. Role in community events and celebrations.
         7. If the work of a notable architect, builder or craftsman, how this property compares with the body of work produced by the individual or firm.
         8. If associated with a notable individual, how the property illustrates their contribution to the county, state or nation.
     • (b) Effect of Designation to the Pitkin County Historic Register
       • From and after the adoption by the Board of County Commissioners of a resolution designating a property to the Pitkin County Historic Register, any demolition, relocation, alteration, new construction or any other development within the boundaries of the designated property is subject to provisions of this section.
         1. Pitkin County will prepare design guidelines for designated properties to offer assistance to property owners and/or their representatives in understanding the physical characteristics that contribute to the significance of the historic property. The guidelines recognize that changes will occur to historic properties for their continued use and functional viability. Their intent is to provide guidance in the planning of alterations and new construction such that the proposed work does not adversely affect the character-defining features and/or diminish the significance of the historic properties. These guidelines shall apply to exterior features only. The guidelines shall be organized to include (i) general guidelines that apply to categories of property types or historic architectural styles, and (ii) specific guidelines tailored to address the unique qualities or characteristics of a particular site, structure, building, complex or district. Until the design guidelines are adopted by the Board of County Commissioners, the Secretary of the Interior’s Standards for Rehabilitation shall be utilized to review alterations and new construction.
         2. For designated properties, the provisions and processes of other County codes, sections and regulation standards may be modified, as described in this section, if it can be demonstrated that it will assist to maintain the historic and architectural character of the property. Modifications to zoning standards must be approved by the Board of County Commissioners.
         3. Designated properties will be eligible and have priority to participate in County programs related to financial, developmental, technical and promotional assistance that will serve to maintain, preserve and/or enhance their historic and architectural character.
3. The Redstone Historic District
   • The third mechanism used by Pitkin County for the recognition of significant historic properties is the Redstone Historic District.
     • (a) The Redstone Historic District was designated by the County in 1980 by the Board of County Commissioners through the establishment of an Historic Preservation (HP) overlay zone.
     • (b) The Redstone Historic Preservation Commission was authorized by the Board of County Commissioners in 1994 to serve as a regulatory body responsible for the review and approval of all repair, alteration or new development within the historic district. The procedures and standards used in the review and approval of such work are set forth in the 2004 Village of Redstone Design Guidelines.
     • (c) Specific benefits have been developed that are available to property owners within the district that will remain in effect and are not modified by the adoption of this section of this Land Use Code.

(c) Requirement for Certificate of No Effect and Certificate of Appropriateness

1. Applicability
   • (a) An application for a building permit or a development permit for exterior alterations, relocation or development of a property designated to the Pitkin County Historic Register, shall be incomplete unless a Certificate of No Effect or a Certificate of Appropriateness is submitted concurrently.
   • (b) In the event work requiring a Certificate of No Effect or a Certificate of Appropriateness is being performed without such an approval, the County will contact the person performing the work and require that all work cease. If the work continues, the Chief Building Official will issue a Stop Work Order. In the event that work is being performed that is not accordance with an approved Certificate of No Effect or Certificate of Appropriateness, the Chief Building Official will issue a Stop Work Order. The County may seek an injunction to enforce a Stop Work Order.
   • (c) The provisions for the issuance of Certificates of No Effect or Appropriateness shall not be construed to prevent ordinary maintenance or repair that does not change the design, materials or, architectural elements or site features of a designated property. Selected activities are exempt from the review procedures including interior remodeling, exterior repainting and paint color selection, and the repair of exterior walls with materials and finishes to match the existing walls.
2. Certificate of No Effect
   • An application for a Certificate of No Effect is subject to Administrative Review pursuant to Sec. 2-30-20(g)(14). If the Community Development Department determines that the proposed work is not eligible for a Certificate of No Effect, then the property owner must apply for and obtain a Certificate of Appropriateness.
3. Certificate of Appropriateness
   • An application for a Certificate of Appropriateness is subject to Administrative Review pursuant to Sec. 2-30-20(g)(15). However, if there are any issues about the appropriateness of the proposed work, or if the project is of a magnitude that community input is desired, the Community Development Director may determine that the application is subject to a One-Step Review process before the Board of County Commissioners, pursuant to Sec. 2-30-30.

(d) Avoiding Demolition

• Historic properties are irreplaceable assets of a community. Once demolished they are forever gone and cannot be replaced. It is the intent of this section to preserve the historic and architectural resources that have a demonstrated significance to Pitkin County, to require reasonable measures to ensure that historic properties are not inadvertently or unnecessarily destroyed, and to require consideration of alternatives to their demolition.
  1. Demolition Permit Required
     • (a) No permit shall be issued by the Chief Building Official or designee to demolish a property designated on the Pitkin County Historic Register or listed on the Pitkin County Historic Inventory and for which a growth management exemption for an additional single family dwelling unit was granted prior to the 5th of July, 2006 without a Certificate of Demolition approval.
     • (b) An application for a Demolition Permit shall be subject to Administrative Review pursuant to Sec. 2-30-20. If the Community Development Department determines that a Demolition Certificate cannot be issued based on those criteria set forth in Sec. 2-30-20(g)(16), then the applicant may appeal that decision to the Board of County Commissioners pursuant to Sec. 2-20-180.
  2. Appeals of Denial of Demolition Certificate
     • (a) In addition to those actions listed in Sec. 2-20-180, the Board of County Commissioners may delay the demolition for a specified period of time or continue the application to obtain additional information necessary to consider the demolition request.
     • (b) If a demolition request is delayed in an attempt to find an alternative to demolition, the County will work: (i) with the property owner(s) to determine what types of assistance might be provided by the County to retain the property and/or place it in productive use; and (ii) to investigate methods of acquisition by a private, non-profit or public entity that will preserve the property; and (iii) to make the larger community aware of the impending loss of the historic resources.
     • (c) At the end of the specified period of time for the delay of demolition, a report will be made to the Board of County Commissioners and (i) if no prudent or practicable alternative has been identified, the demolition permit will be issued in conformance with the procedures established in this section, or (ii) if substantial financial, development or technical assistance has been offered by the County to the property owner or if an offer for purchase at fair market value of the property is refused by the property owner, the application for demolition may be denied or the delay period extended.
     • (d) If the demolition request is denied because it does meet the aforementioned criteria, the applicant may request a determination that such denial constitutes a taking of private property pursuant to Sec. 2-40-150.
  3. Properties for Which Designation to the Pitkin County Historic Register Has Been Initiated
     • (a) While it is the intent of this Sec. 7-20-100 to preserve historic properties that have been formally recognized as significant through designation to the Historic Register, it is understood that the identification, evaluation and designation of all sites, structures, buildings, objects and districts within the county of importance to the general welfare, economic prosperity and civic pride of the community is an on-going process. Therefore it is important to establish reasonable measures to protect properties that potentially qualify for designation and allow for a review and hearing process to ensure they are not needlessly lost.
     • (b) When an application has been filed requesting permission to demolish any property for which designation to the Historic Register has been initiated, the application shall be stayed for a period of six (6) months. During that six (6) month period, the County shall consider the application for designation to the Historic Register as set forth in this Land Use Code. If a public hearing on the application for designation is not held within the six (6) month stay period, the stay shall expire and the application for demolition shall be processed. An additional six (6) month stay period may be extended by a resolution by the Board of County Commissioners for a showing of good cause.
  4. Properties Listed on the Pitkin County Historic Inventory
     • When a demolition application is filed for a property listed on the Pitkin County Historic Inventory, the following procedures will be followed:
       • (a) The demolition request may be approved by the Community Development Department if it is determined the criteria for demolition approval have been met.
       • (b) The demolition request may be delayed for thirty (30) days to allow for notification to the larger community of the planned demolition. During the thirty (30) day period notice will be published in the newspaper, the property will be posted and preservation-related organizations and known interested parties will be contacted to seek assistance in developing alternatives to the demolition.
       • (c) At the end of the thirty (30) day period if no alternative acceptable to the property owner has been identified, the demolition permit will be issued without further review.

(e) Redstone Historic District

1. General
   • When development occurs within the Redstone Historic District, and the activity is not listed as a minor development activity in subsection (2) below, the following standards shall apply:
     • (a) The project shall be compatible in general design, massing, volume, and scale with historical structures that are located on the parcel and/or in the surrounding neighborhood.
     • (b) The Site Plan shall be consistent with the historic town pattern and supports or enhances the pedestrian nature of Redstone.
     • (c) The project shall preserve the architectural and historical integrity of any and/or all historic structures on the property.
     • (d) The project shall utilize the Village of Redstone Design Guidelines (adopted January 21st, 1981, revised 1996, and revised 2004) as the basis for proposed development activity within the Redstone Historic District.
2. Minor Development Activities within the Redstone Historic Inventory Area
   • Minor development activities within the Redstone Historic Inventory Area shall include the following, each of which is exempt from review by the Redstone Historic Preservation Commission and from the requirement to comply with the standards in subsection (e) above.
     • (a) Erection of an awning, canopy, sign, fence or other similar attachments to, or accessory features of a structure, provided however, that in the process of erecting said attachments, none of the original materials are destroyed or removed. Incidental destruction or removal necessary to erect any attachment shall not make the action significant development.
     • (b) Remodeling of a structure where alterations are made to no more than one element of the structure, including but not limited to, a roof, window, door, skylight, ornamental trim, siding, kickplate, dormer, porch, staircase and balcony;
     • (c) Expansion or erection of a structure wherein the increase in floor area of the structure is one hundred (100) square feet or less; or
     • (d) Erection or remodeling of combinations of, or multiples of, no more than three (3) of the following features: awnings, canopies, signs, fences and other similar attachments; or windows, doors, skylights and dormers. Erection of more than three (3) of the above listed features may be defined as minor if there is a finding that the cumulative impact of such development is minor in its effect on the character of the existing structures.

(f) Benefits

• Pitkin County is committed to providing support to private property owners to assist in their efforts to maintain, preserve and enhance their historic properties. The benefits provided are intended to balance any inconveniences that might be imposed by the protective measures of this section. They also recognize the value gained by the larger community from the preservation of these resources.

1. Applicability
   • (a) Prior to the adoption of this Land Use Code provision, a program of incentives was previously developed for the historic properties in the Redstone Historic District. It is the intent of Pitkin County to maintain those existing incentives that are available to the property owners within the Redstone Historic District.
   • (b) Properties that are subsequently designated to the Historic Register or listed on the Historic Inventory may be eligible for the following benefits subject to the specific provisions for participation.
2. Base Incentives
   • All properties designated to the Pitkin County Historic Property Register or listed on the Pitkin County Historic Inventory are eligible for:
     • (a) Alternative Building Code Compliance
       • To preserve and maintain the historic and architectural character of listed and designated properties the International Existing Building Code (IEBC) may be utilized to provide alternative approaches to the requirements of the International Building Code (IBC). These modifications may not change the goals of the applicable safety and permit requirements and must follow the procedures provided for modification set forth in the IEBC. The Chief Building Official may also grant exemption from the Energy Code and Efficient building program for listed or designated historic properties.
     • (b) Variances
       • The Board of Adjustment may approve variances from the dimensional requirements of this Land Use Code as permitted pursuant to Sec. 2-40-110 if it is demonstrated that these variances assist in the preservation and maintenance of the listed and designated historic properties.
     • (c) Priority for Participation in County Programs
       • Listed or designated properties will be eligible and have priority to participate in other County programs related to financial, developmental, technical and promotional assistance that will serve to maintain, preserve and/or enhance their historic and architectural character.
3. Optional Incentives
   • Properties designated to the Pitkin County Historic Register may be granted the following incentives by the Board of County Commissioners on a discretionary basis:
     • (a) Expedited Review
       • A project involving a designated property may be brought before the Board of County Commissioners for consideration of its merits and the circumstances needed for the preservation of the historic site, structures or buildings, without the completion of all the necessary application materials. Completion of the necessary reports may be required for final approval but an initial review may be scheduled if the Community Development Director determines that the proposed project’s preservation accomplishments should be the overriding consideration.
     • (b) Transfer of Development Rights
       • Transfer of Development Rights may be allowed subject to compliance with standards for issuance of TDRs on historic register properties in Section 6-70-40.
     • (c) Extended Vesting Period
       • An extended vesting period may be granted.
     • (d) Exemptions
       • The following exemptions may be granted by the Board of County Commissioners on a discretionary basis.
         1. Growth Management Quota System exemptions are available pursuant to Sec. 6-30 and/or development may be fully or partially exempt from the Growth Management Quota System;
         2. Subgrade space may be exempted from floor area calculations; and/or
         3. Exemption from affordable housing mitigation requirements.
     • (e) Density Bonus
       • The ability to construct one (1) additional house, notwithstanding the existence of a historic building on the property and the failure of the lot or parcel to meet the minimum size otherwise required to accommodate both the historic and the new building.
     • (f) Reduced Riparian Are/Wetland Setback
       • The riparian/wetland setbacks established in Sec. 7-20-80(a)(2) may be reduced in order to effectuate the preservation of an historic resource, when there is no other reasonably appropriate area outside of the setback to accommodate additional development. To be eligible for this incentive, the applicant shall demonstrate as part of an Activity Envelope application for proposed development that the reduction in the setback will not result in water quality degradation, stream bank erosion and/or a reduction in the quality of riparian or wetland habitat, pursuant to the following criteria:
         1. Slopes within the setback reduction requested are less than thirty (30) percent.
         2. Highly erodible soils or unstable stream bank conditions are not present within the setback reduction requested or will be unaffected by the proposed activity or development within the setback reduction requested.
         3. The proposed use of the property does not present a special hazard to water quality or wetlands (e.g., storage or handling of hazardous or toxic materials).
         4. The setback shall not be reduced such that it encroaches into the one hundred (100) year or intermediate regional flood zone as defined in Sec. 7-20-40(a). Development shall not impede the one hundred (100) year flood flow.
         5. Trees, shrubs or other natural features that provide for stream bank stability, enhance wildlife or aquatic movement within a stream corridor, provide habitat enhancement for aquatic environments and riparian area protection do not exist, or will be unaffected by the proposed activity or development within the setback reduction requested.
         6. Habitat for plant, animal, or other wildlife species listed as threatened or endangered by the United States Fish and Wildlife Service does not exist within the setback reduction requested.
         7. Habitat for plant, animal, or other wildlife species listed by the State of Colorado as rare, threatened, or endangered, species of special concern, or species of undetermined status does not exist within the setback reduction requested.
         8. The area within the setback reduction requested is not needed to prevent or minimize flood damage by preserving storm and flood water storage capacity.
         9. The area within the setback reduction requested is not needed to protect fish spawning, breeding, nursery and feeding grounds.
         10. The area within the setback reduction requested is not needed to preserve areas of special recreational, historical, archeological, scenic, or scientific interest.
         11. The applicant shall agree to enhancement of riparian vegetation as a condition of the activity envelope designation and shall demonstrate compliance with said condition during the Site Plan Review process. The riparian vegetation enhancement that is accomplished shall be proportional to the extent of the existing riparian habitat degradation on the site. A construction management plan and drainage and erosion control plan will be required to insure that there will be no deleterious effects on existing riparian vegetation.
4. Eligibility