Ordinance Number 217

An ordinance of the Town of Deer Trail, Colorado, providing for designation of historic landmarks and for appointment of a historic preservation commission. 

Whereas, the Board of Trustees of the Town of Deer Trail recognizes the importance of preserving local historic structures, sites, and districts as a means of preserving the community's heritage; and

Whereas, the Town has worked closely with local citizens in preservation efforts; and

Whereas, appointment of a historic preservation commission is a requirement of certain programs of the state and federal government in order for the Town to be eligible for grant funding:

Now, therefore, be it ordained by the Board of Trustees of the Town of Deer Trail, Colorado: 

Section 1. Intent.

It is hereby declared to be a matter of public policy that the protection, enhancement, perpetuation and use of structures, land and districts of historical, architectural or geographic significance, located within the Town, is in the public interest.

Section 2. Definitions.

  1. "Alter" or "Alteration" shall mean the act or process of changing one or more of the exterior architectural features of a designated structure or district.
  2. "District" shall mean any structure(s), improvement(s), or group of structures or improvements and the surrounding environs.
  3. "Site" shall refer to a structure, parcel of land, or district.

Section 3. Commission Established.

  1. The Board. of Trustees shall serve as the Deer Trail Historic Preservation Commission (the "Commission").
  2. Powers and Duties.
    • The Commission shall review from time-to-time the criteria for designation of historic sites as set forth in Section 4. hereof, and shall make recommendations for amendments.
    • The Commission shall prepare application forms and shall review applications for designation of sites as being historic pursuant to this ordinance, and shall make recommendations as to whether they should designate the site described in the application for such designation.
    • The Commission may advise and assist owners of historic properties on the physical and financial aspects of preservation, renovation, rehabilitation, and reuse.
    • The Commission may assist local nonprofit historic preservation groups in public education programs, research, grant applications, or other efforts to promote historic preservation.

Section 4. Standards for designation of sites for preservation.

In order to qualify for designation as a historic site pursuant to this ordinance, the Commission must determine that it has historic significance due to one or more of the following factors:

  1. It has character, interest or value, as part of the historical development, heritage or culture of the community, state, or nation.
  2. Its location as a site of a significant historic event.
  3. Its identification with a person or persons who significantly contributed to the culture and development of the Town.
  4. Its exemplification of the cultural, economic, social, or historic heritage of the Town.
  5. Its portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style.
  6. Its embodiment of distinguishing characteristics of an architectural type or specimen.
  7. Its identification as the work of an architect or master builder whose individual work has influenced the development of the Town.
  8. Its embodiment of the elements of architectural design, detail, materials, or craftsmanship that represent a significant architectural innovation.
  9. Its relationship to other distinctive areas that are eligible for preservation according to a plan based on a historic, cultural, or architectural motif. 
  10. Its unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood or of the Town.

Section 5. Designation of Historic sites.

  1. Recommendations for designation of historic sites.
    Pursuant to the procedures set forth in this ordinance, the Commission may recommend that a site be designated as a historic site for preservation, meeting the criteria set forth in Section 4. Each such recommendation shall include a description of the characteristics of the site, which justify its designation and shall include a legal description of the site. The recommendation may indicate alterations that would have a significant impact on, or be potentially detrimental to, the historic features of the site. Any such designation shall be in furtherance of and in conformance with the purposes and standards of this ordinance.
  2. Procedures for designating historic sites.
    • Applications. Applications for designation of historic sites must be made to the Town staff on forms provided by the Town. Applications shall be made only by the owners of one hundred percent of the site for which the application is submitted.
    •  Staff review. The Town staff shall review applications for designation of historic sites for content and for completeness. The staff shall, within thirty days of receipt, forward complete applications and staff
      recommendations to the Commission.
    • Commission review. The Commission shall consider and act upon applications at regularly scheduled or special meetings within thirty days of receipt of staff recommendations. The Commission shall approve, approve with conditions, or disapprove applications.
    • Commission action. Within thirty days of action by the Commission, the Town Board shall by resolution approve or modify and approve or shall disapprove the proposed historic designation.
    • Withdrawal of applications. Prior to action on applications by the Town Board, applicants may withdraw applications by submitting a written request to the Town Clerk.
    • Recording. The resolution designating a site as a local historic landmark shall be recorded in the records of the County Clerk.

Section 6. Limitation on resubmission and reconsideration.

Whenever the Town Board disapproves an application for historic designation, or whenever an owner withdraws an application, no person shall submit an application for the same site within one year of the disapproval or withdrawal.

Section 7. Amendment of Designation.

Designation of a historic site may be amended to add features or property to the site according to the application process described in this ordinance for new designations.

Section 8. Alteration of a designated historic landmark.

All modifications to designated historic landmarks shall be done in conformance with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings as published by the U.S. Department of the Interior, National Park Service.

Section 9. Notification of intent to alter a designated historic landmark.

Any owner filing an application for designation of a site shall, as a part of the application, shall agree that any time after a site is designated as a historic site to notify the Town Clerk of the owner's intention to alter, demolish, move or remove the site and provide plans for the work at least thirty days prior to beginning such work. This notification requirement shall run with the land and shall bind successors and assigns. The Clerk shall, upon receipt, forward the notification and plans to the Commission for review. The Commission shall review the plans and may advise the owner on the potential effect of the plans on the historic designation. Based on the plans, the Commission may recommend that the historic designation be modified or revoked.

Section 10. Revocation of Designation.

The Town Board may by resolution revoke or modify the designation of a site, after fifteen days' notice to the owner and after public hearing, if any of the following conditions exist:

  1. If any owner of a designated site fails to provide notification as required in Section 8, or if alterations to the site will significantly alter the historic character of the site.
  2. If an owner of a designated historic site submits a written request to the Town for revocation of a historic designation.
  3. If the Commission makes a recommendation for modification or revocation based on an owner's written intent to alter a designated historic site,
  4. If modifications are made to an historic landmark that is found by the Commission to not be in accordance with the standards specified in Section 8.

Introduced, Adopted, and Ordered Published in full, this 1st Day of June 2004

Tamara Stoumbaugh, Mayor Pro Tem
Town of Deer Trail, Colorado

Attest: Patti K. Owens, town  Clerk