Zoning and Development Code Section 21.07.040

(a) Purpose. This section enhances the community’s local resources and promotes the public health, safety, prosperity and welfare through the protection and preservation of the City’s architectural, historic and cultural heritage, as embodied in designated historic structures, sites and districts, by application of appropriate regulations and incentives. Those regulations and incentives include:

(1) The establishment of a City Register listing designated structures, sites and districts; and

(2) The provision of educational opportunities to increase public appreciation of Grand Junction’s unique heritage.

(b) Board Established. The City Council hereby creates a Historic Preservation Board, hereinafter referred to as the Historic Board or Preservation Board. The Historic Board shall have principal responsibility for matters of historic preservation.

(1) Composition. The Historic Board shall consist of not less than five members and not more than seven members. Historic Board members shall be appointed to provide a balanced, community-wide representation. When there are more than five members of the Historic Board, at least four members shall be professionals in or have expertise with a preservation-related discipline including, but not limited to, history, architecture, planning or archaeology. When there are five members of the Historic Board, there shall be at least three such professionals. One member shall be a member of the Downtown Development Authority (DDA) Board or an employee of the DDA. The Director shall serve as staff to the Historic Board. The Council shall determine, by resolution, the number of members of the Historic Board at such time as the Council makes appointments to the Historic Board.

(2) Term. Members of the Historic Board shall be appointed by the City Council to serve four-year staggered terms from the date of appointment. Members may continue to serve until their successors have been appointed. Appointments to fill vacancies on the Historic Board shall be made by the City Council. All members of the Historic Board shall serve without compensation except for such amounts determined appropriate, in advance, by the City Council to offset expenses incurred in the performance of their duties. Members of the Historic Board may be removed by the City Council without cause being stated.

(3) Voting. Three members if a five-member board; four members if a six- or seven-member board constitutes a quorum. A quorum is necessary for the Historic Board to conduct business including holding a public hearing. A roll call vote shall be taken upon the request of any member. A tie vote shall be deemed a denial of any motion or action.

(4) Chairperson/Vice-Chairperson. The Historic Board shall, by majority vote, elect one of its members to serve as chairperson to preside over meetings and one member to serve as vice-chairperson. The vice-chairperson shall act in the absence of the chairperson. The chairperson and vice-chairperson shall serve in these capacities for terms of one year.

(5) Meetings. The Historic Board shall establish a regular meeting schedule. Minutes shall be kept of all proceedings.

(6) Powers and Duties. The Historic Board shall, after solicitation of public comment, at a properly noticed public meeting:

(i) Recommend eligibility criteria for the designation of historic resources and for review of proposals to alter designated resources;

(ii) Review and determine qualifications of properties nominated for designation as either an historic structure, site or district and recommend to City Council approval or denial of a designation;

(iii) Upon property owner’s request, review and make recommendations to the owner on proposed alterations to a designated historic structure, site or district;

(iv) Advise and assist owners of historic properties on physical and financial aspects of preservation, renovation, rehabilitation and reuse, including nomination to the City Register, the State Register and the National Register of Historic Places;

(v) Develop and assist in public education programs including, but not limited to, walking tours, brochures, a marker program for historic properties, lectures, exhibits and conferences;

(vi) Conduct surveys of historic sites, properties and areas for the purpose of defining those of historic significance and prioritizing the importance of identified historic areas. The Historic Board may create a list of structures of historical or archeological merit which have not been designated;

(vii) Advise the City Council on matters related to preserving the historic character and substance of the City and recommend easements, covenants, licenses and other methods which would implement the completion of the purposes of this section;

(viii) Actively pursue financial assistance for preservation-related programs; and

(ix) Review and conduct hearings to decide applications for a Certificate of Appropriateness for alteration to a site and/or structure in the North Seventh Street Historic Residential District.

(7) Public Records. The Board shall conduct its business in accordance with the open meetings and Public Records Acts and other laws applicable to local public bodies.

(8) Bylaws. The Historic Board shall propose bylaws to the City Council as it deems necessary.

(1) The City Council hereby establishes the City Register of historic sites, structures and districts. Historic sites, structures or districts may be listed on said register only if said site, structure or district has been designated by the City Council following recommendation by the Historic Board.

(2) All properties listed on the National or State Register are eligible for the City Register but are not designated until approval, pursuant to this code, is obtained.

(d) Designation of Historic Structures, Sites and Districts.

(1) The City Council pursuant to this code:

(i) May by resolution designate as historic an individual structure, site or other feature or an integrated group of structures or features on a lot or site. Designation shall be for a special historical or architectural value; or

(ii) May by resolution designate as an historic district an area containing a number of structures or sites having a special historical or architectural value.

(2) Each such designation shall include a description of the characteristics of the structure, site 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 historic structure, site or district.

(3) No individual structure or site shall be designated without the consent of all owners of record. Historic districts may be designated in accordance with State law and the provisions in this section.

(4) The purpose and effect of designation is:

(i) To assist local interests in preservation of physical structures, sites or districts and to recognize locally significant structures, sites or districts;

(ii) To provide a mechanism to educate the public on local history, development of the community, architectural styles and housing and business development;

(iii) To enable the owners of the property in the City to take advantage of historic preservation programs and opportunities; and

(iv) To make all properties listed on the City Registry eligible for such incentive programs as may be developed.

(e) A Procedure for Designating Historic Structures, Sites and Districts for Preservation.

(1) A nomination for designation to the City Register may be made by the Historic Board or by any citizen by filing an application with the Community Development Department. The applicant shall pay all public notice expenses, recording fees and any other fees established by resolution of the City Council.

(2) Historic Board Review.

(i) The Historic Board shall hold a public meeting on the designation application no more than 30 days after the filing of the application.

(ii) The Historic Board shall review the application for conformance with the established criteria for designation and with the purposes of this section.

(iii) Within 10 days after the conclusion of the public meeting, but in no event more than 30 days after the meeting, unless mutually agreed to by the Historic Board, the applicant, and the owner or owners other than the applicant, the Historic Board shall recommend either approval, modification and approval or disapproval of the application.

(iv) The Historic Board may recommend approval conditional upon the execution of certain easements, covenants or licenses.

(v) The Historic Board shall forward to the City Council written recommendations concerning a designation and further state any recommendations as to easements, covenants or licenses that must be met by the property owner in order to receive and/or maintain the designation.

(3) City Council Review.

(i) The City Council shall hold a public hearing on the designation application no more than 30 days after receipt of the Board’s recommendation.

(ii) The City Council shall review the application for conformance with the established criteria for designation and with the purposes of this section.

(4) When a structure, site or historic district has been designated as provided herein, the Director shall promptly notify the record owners of the property, as shown in the County Assessor’s records or other available information, and record the designation in the land records of the Mesa County Clerk and Recorder.

(5) Limitation on Resubmission and Reconsideration of Proposed Designation. If the City Council disapproves a proposed designation, no person shall submit an application that is the same or substantially the same for at least one year from the effective date of the denial of the application.

(f) Criteria for Designation. The Historic Board and City Council shall consider the following criteria in reviewing nominations/applications for designation.

(1) Structures. Structures must be at least 50 years old and meet one or more of the architectural, cultural or geographic/environmental significance criteria. A structure can be exempted from the age requirement if the Council finds it to be exceptionally important in other criteria.

(i) Historic structures or sites shall meet one or more of the following in order to be considered for designation.

(A) Architectural.

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 built environment of a group of people in an era of history;

f. Exhibits a pattern or grouping of elements representing at least one of the above criteria; or

g. Is a significant historic remodel.

(B) Cultural.

a. Is a site of an historic event that had an effect upon society;

b. Exemplifies the cultural, political, economic or ethnic heritage of the City; or

c. Is associated with a notable person or the work of a notable person.

a. Enhances the sense of identity of the City; or

b. Is an established and familiar natural setting or visual feature of the City.

(ii) Prehistoric and historic archaeological structures or sites shall meet one or more of the following:

(A) Architectural.

a. Exhibits distinctive characteristics of a type, period or manner of construction; or

b. Is a unique example of structure.

(B) Cultural.

a. Has the potential to make an important contribution to the knowledge of the area’s history or prehistory;

b. Is associated with an important event in the area’s development;

c. Is associated with a notable person or the work of a notable person;

d. Is a typical example or is associated with a particular ethnic or other community group; or

e. Is a unique example of an event in local history.

(iii) Each property shall also be evaluated based on physical integrity using the following criteria (a property need not meet all the following criteria):

(A) Shows character, interest or value as part of the development, heritage or cultural characteristics of the community, region, State, or nation;

(B) Retains original design features, materials and/or character;

(D) Has been accurately reconstructed or restored.

(2) Historic Districts.

(i) For the purposes of this section, a historic district is a geographically definable area including a concentration, linkage or continuity of sites, buildings, structures and/or objects. A historic district is related by a pattern of either physical elements or social activities.

(ii) Significance is determined by applying criteria to the pattern and unifying elements.

(iii) Nominations/applications for historic district designation shall not be approved unless the application contains written approval from owners of at least 60 percent of the properties within the proposed district boundaries.

(iv) Properties that do not contribute to the significance of the historic district may be included within the boundaries so long as the noncontributing elements do not noticeably detract from the district’s sense of time, place and historical development. Noncontributing elements shall be evaluated for their magnitude of impact by considering their size, scale, design, location and/or information potential.

(v) Historic district boundaries shall be defined by visual changes, historical documentation of different associations or patterns of development, or evidence of changes in site type or site density as established through testing or survey.

(vi) When districts are designated, applicable design guidelines and other appropriate restrictions may be included as part of the designation.

(vii) In addition to meeting at least one of the criteria as outlined in subsection (f)(2)(viii) of this section, the designated contributing sites and structures within the district must be at least 50 years old. The district could be exempt from the age standard if the resources are found to be exceptionally important in other significant criteria.

(viii) Historic districts shall meet one or more of the following:

(A) Architectural.

a. Exemplifies specific elements of an architectural period or style;

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 built environment of a group of people in an era of history;

f. Is a pattern or a group of elements representing at least one of the above criteria; or

g. Is a significant historic remodel.

(B) Cultural.

a. Is the site of an historic event that had an effect upon society;

b. Exemplifies cultural, political, economic or social heritage of the community; or

c. Is associated with a notable person or the work of a notable person.

a. Enhances the sense of identity of the community; or

b. Is an established and familiar natural setting or visual feature of the community.

(D) Archaeology/Subsurface.

a. Has the potential to make an important contribution to the area’s history or prehistory;

b. Is associated with an important event in the area’s development;

c. Is associated with a notable person or the work of a notable person;

d. Has distinctive characteristics of a type, period or manner of construction;

e. Is of geographical importance;

f. Is a typical example/association with a particular ethnic group;

g. Is a typical example/association with a local cultural or economic activity; or

h. Is a unique example of an event or structure.

(g) Review of Alterations.

(1) City Registry. The owner of any historic structure or site on the City Registry designated pursuant to subsection (e) of this section is requested to consult with the Historic Board before making any alteration. The Historic Board shall determine if the alteration is compatible with the designation. In reviewing a proposed alteration, the Historic Board shall consider design, finish, material, scale, mass and height. When the subject site is in an historic district, the Historic Board must also find that the proposed development is visually compatible with development on adjacent properties, as well as any guidelines adopted as part of the given historic district designation. For the purposes of this section, the term “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. The Historic Board shall use the following criteria to determine compatibility of a proposed alteration:

(i) The effect upon the general historical and architectural character of the structure and property;

(ii) The architectural style, arrangement, texture and material used on the existing and proposed structures and their relation and compatibility with other structures;

(iii) The size of the structure, its setbacks, its site, location, and the appropriateness thereof, when compared to existing structure and the site;

(iv) The compatibility of accessory structures and fences with the main structure on the site, and with other structures;

(v) The effects of the proposed work in creating, changing, destroying, or otherwise impacting the exterior architectural features of the structure upon which such work is done;

(vi) The condition of existing improvements and whether they are a hazard to public health and safety; or

(vii) The effects of the proposed work upon the protection, enhancement, perpetuation and use of the property.

(2) North Seventh Street Historic Residential District. The owner of any property within the North Seventh Street Historic Residential District shall comply with the North Seventh Street Historic Residential District Guidelines and Standards.

(i) Before making any construction or alteration to a site or structure, such owner shall make application to the City for a Certificate of Appropriateness. The Director shall make review such application for compliance with the Guidelines and Standards and make an initial determination and recommendation to the Board. The Director may include in that recommendation any conditions deemed appropriate to comply with the Guidelines and Standards and with the Zoning and Development Code.

(ii) The Board shall have jurisdiction to review City staff recommendations and to decide applications for Certificates of Appropriateness at a public hearing. The Board may include any conditions of approval deemed appropriate for compliance with the Guidelines and Standards. No owner shall construct or alter a structure or site in the District without first obtaining a Certificate of Appropriateness from the Board.

(iii) A decision of the Board may be appealed to City Council within 30 days of the issuance of the decision. Appeals to City Council shall be de novo.

(iv) All reviews pursuant to this subsection (2) shall determine if the new construction or alteration is compatible with the historic designation as provided in the North Seventh Street Historic Residential District Guidelines and Standards. In reviewing an application, consideration shall be given to design, siting, form, texture, setbacks, orientation, alignment, finish, material, scale, mass, height and overall visual compatibility, according to and with reference to the applicable Guidelines and Standards of the North Seventh Street Historic Residential District. For purposes of this section, the term “compatible” shall mean consistent with, harmonious with and/or enhancing the mixture of complementary architectural styles either of the architecture of an individual structure or the character of the surrounding structures.

(h) Revocation of Designation.

(1) If a building or special feature on a designated site has been altered in such a way so as to negate the features necessary to retain designation, the owner may apply to the Historic Board for a revocation of the designation or the Historic Board shall recommend revocation of the designation to the City Council in the absence of the owner’s application to do so.

(2) If a designated structure is moved or demolished, the designation shall, without notice and without Historic Board recommendation, automatically terminate. If moved, a new application for designation at the new location must be made in order for designation to be considered.

(3) Upon the City Council’s decision to revoke a designation, the Director shall cause a revocation notice to be sent to the property owner.