Chapter 21.07
SPECIAL REGULATIONS

Sections:

21.07.010    Flood damage prevention.

21.07.020    Environmental/sensitive lands regulations.

21.07.030    Airport environs overlay zoning district (AE).

21.07.040    Historic preservation.

21.07.010 Flood damage prevention.

(a)    Purpose. Flood damage prevention regulations promote the public health, safety and general welfare and minimize public and private losses due to flooding. The regulations are designed to:

(1)    Protect human life and health;

(2)    Minimize expenditure of public money for costly flood control projects;

(3)    Minimize the need for rescue and relief efforts associated with flooding;

(4)    Minimize prolonged business interruptions;

(5)    Minimize damage to critical facilities, infrastructure and other public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges;

(6)    Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

(7)    Ensure that potential buyers are notified that property is in an area of special flood hazard; and

(8)    Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

(b)    Methods and Provisions for Flood Damage Prevention. In order to accomplish its purposes, this section includes methods and provisions for:

(1)    Restricting or prohibiting uses which are dangerous to health, safety and property because of water or erosion hazard;

(2)    Restricting or prohibiting uses which result in damaging increases in erosion or in flood heights or velocities;

(3)    Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(4)    Controlling the alteration of natural floodplains, stream channels and natural protective barriers which help accommodate or channel flood waters;

(5)    Controlling filling, grading, dredging and other practices which may increase flood damage; and

(6)    Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

(c)    General Provisions.

(1)    This chapter applies to all areas of special flood hazard and areas removed from the floodplain by the issuance of a Federal Emergency Management Agency (FEMA) Letter of Map Revision Based on Fill (LOMR-F) within the City.

(2)    Basis for Establishing the Areas of Special Flood Hazard. FEMA has identified areas of special flood hazard in a scientific and engineering report entitled, “The Flood Insurance Study for Mesa County and Incorporated Areas,” dated October 16, 2012. The study together with the Flood Insurance Rate Maps (FIRMs) are hereby adopted by reference and declared to be a part of this code. The FIRMs may be superseded by local engineering studies approved by the Director, provided such studies fully describe and analyze, based on the FIRMs and generally accepted engineering practice, design floodwater build-out conditions.

(3)    Compliance. No structure shall be constructed, located, extended, converted or altered without full compliance with the terms of this section and other applicable regulations. No land shall be developed without full compliance with the terms of this section and other applicable regulations. For waterways with base flood elevations (BFEs) for which a regulatory floodway has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the City’s FIRMs, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one-half foot at any point within the City. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the NFIP regulations, the City may approve certain development in Zones A1-30, AE, AH, on the City’s FIRM which increases the water surface elevation of the base flood by more than one-half foot; provided, that a conditional FIRM revision through FEMA (Conditional Letter of Map Revision), fulfills the requirements for such revisions as established under the provisions of Section 65.12 and receives FEMA approval.

(4)    This section does not and it is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. If this section and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions on use and development shall prevail and be applied.

(5)    All terms and provisions of this section shall be:

(i)    Considered as minimum requirements;

(ii)    Liberally construed in favor of the City; and

(iii)    Deemed neither to limit nor repeal any other powers granted or reasonably construed or interpreted under law, charter, rule or regulation.

(6)    Warning and Disclaimer of Liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased because of manmade or natural causes. This section does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the City, or any officer or employee thereof, or FEMA for any flood damage that results from reliance on this section or any administrative decision lawfully made hereunder.

(7)    The flood carrying capacity within an altered or relocated portion of any watercourse shall be maintained.

(8)    The Director shall maintain records obtained as part of a floodplain development permit, including but not limited to the lowest floor and floodproofing elevations for new and substantially improved construction.

(9)    In riverine situations, notice shall be given by the Director to an adjacent community(ies) prior to any alteration or relocation of a watercourse.

(d)    Provisions for Flood Hazard Reduction.

(1)    General Standards. The following standards shall apply to all property located in special flood hazard areas:

(i)    Anchoring.

(A)    All new construction and substantial improvement shall be anchored to prevent flotation, collapse or lateral movement of the structure and as anchored must be capable of resisting the hydrostatic and hydrodynamic loads.

(B)    All manufactured homes shall be elevated and anchored to resist flotation, collapse or lateral movement and as anchored is capable of resisting the hydrostatic and hydrodynamic loads. Methods of anchoring may include, but are not limited to, over the top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. Specific requirements may be:

a.    Over the top ties provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations, with manufactured homes less than 50 feet long requiring one additional tie per side;

b.    Frame ties provided at each corner of the home with five additional ties per side at intermediate points, with manufactured homes less than 50 feet long requiring four additional ties per side;

c.    Each component of the anchoring system shall be capable of carrying a force of 4,800 pounds; and

d.    Any addition to the manufactured home shall be similarly anchored.

(ii)    Construction Materials and Methods.

(A)    All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(B)    All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

(C)    All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during flooding.

(iii)    Utilities.

(A)    All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;

(B)    New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and

(C)    On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(iv)    Subdivision Proposals.

(A)    All subdivision proposals shall be consistent with the need to minimize flood damage;

(B)    All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

(C)    All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and

(D)    BFE data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or five acres (whichever is less).

(2)    Specific Standards. The following provisions, as determined from BFE data, are required for all special flood hazard areas:

(i)    New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated at least one foot above the BFE.

(ii)    New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated at least one foot above the level of the BFE; or, together with attendant utility and sanitary facilities, shall:

(A)    Be flood-proofed so that below the BFE the structure is watertight with walls being substantially impermeable to the passage of water;

(B)    Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(C)    Be certified by a Colorado registered professional engineer. The certification shall state that the design and methods of construction are in accordance with accepted standards of practice and meet the minimum provisions of this code. Such certifications shall be provided to and reviewed by the Director.

(iii)    Openings in Enclosures Below the Lowest Floor. For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement shall be certified by either a Colorado registered professional engineer or architect and must meet or exceed the following minimum criteria:

(A)    A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided;

(B)    The bottom of all openings shall be no higher than one foot above grade;

(C)    Openings may be equipped with screens, louvers, or other coverings or devices; provided that they permit the automatic entry and exit of floodwaters.

(iv)    Manufactured Homes.

(A)    All manufactured homes that are placed and/or substantially improved on a site:

a.    Outside of a manufactured home subdivision;

b.    In a new manufactured home park or manufactured home subdivision;

c.    In an expansion to an existing manufactured home park or manufactured home subdivision; or

d.    On an existing manufactured home park or manufactured home subdivision on which a manufactured home has incurred substantial damage as a result of a flood;

(B)    Shall be anchored and elevated on a permanent foundation such that the lowest floor of the manufactured home is at least one foot above the BFE;

(C)    The manufactured home shall be securely anchored to an anchored foundation system in order to resist flotation, collapse and lateral movement; and

(D)    Manufactured homes that are placed or substantially improved on sites in existing manufactured home parks or manufactured home subdivisions that are not subject to the provisions of this subsection shall be elevated so that either:

a.    The lowest floor of the manufactured home is at least one foot above the BFE; or

b.    The manufactured home frame or chassis is supported by reinforced piers or other foundation elements that are no less than 36 inches in height above grade and securely anchored to an anchored foundation system in order to resist flotation, collapse and lateral movement.

(v)    Recreational Vehicles. Recreational vehicles occupied as a temporary dwelling in a special flood hazard area shall meet all of the following requirements or meet permit requirements, elevation and anchoring requirements for manufactured homes:

(A)    Be on the site for fewer than 180 consecutive days;

(B)    Be fully licensed and ready for highway use;

(C)    Be attached to the site only by quick disconnect type utilities and security devices; and

(D)    Include no permanently attached additions.

(3)    Specific Standards for Areas of Shallow Flooding. Specific standards are required for special flood hazard areas associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply:

(i)    Residential Construction. All new construction and substantial improvements of residential structures must have the lowest floor (including basement) elevated above the highest adjacent grade at least one foot above the depth number specified in feet on the City’s FIRM (at least three feet if no depth number is specified). Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered Colorado professional engineer.

(ii)    Nonresidential Construction. With the exception of critical facilities, all new construction and substantial improvements of nonresidential structures must have the lowest floor (including basement) elevated above the highest adjacent grade at least one foot above the depth number specified in feet on the City’s FIRM (at least three feet if no depth number is specified), or together with attendant utility and sanitary facilities be designed so that the structure is watertight to at least one foot above the base flood level with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. A registered Colorado professional engineer or architect shall submit a certification which shall state that the design and methods of construction are in accordance with accepted standards of practice and meet the minimum provisions of this code.

Within Zones AH or AO, adequate drainage paths around structures on slopes are required to guide floodwaters around and away from proposed structures.

(4)    Specific Standards for Floodways. A floodway is an area within a special flood hazard area. The floodway is extremely hazardous due to the velocity of floodwaters, debris and erosion potential. To mitigate those hazards the following provisions apply:

(i)    Encroachments, including fill, new construction, substantial improvements and other development are prohibited unless a Colorado registered professional engineer certifies in writing with a no-rise certificate that encroachments will not result in any increase in flood levels during the occurrence of the base flood discharge. The supporting technical date for the no-rise certificate shall be based on the standard step-backwater computer model used to develop the 100-year floodway shown on the FIRM or Flood Boundary and Floodway Map (FBFM), unless otherwise approved by the Director.

(ii)    All new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section.

(5)    Specific Standards for Alteration of a Watercourse. For all proposed developments that alter a watercourse within a special flood hazard area, the following standards apply:

(i)    Channelization and flow diversion projects shall appropriately consider issues of sediment transport, erosion, deposition, and channel migration and properly mitigate potential problems through the project as well as upstream and downstream of any improvement activity. A detailed analysis of sediment transport and overall channel stability should be considered, when appropriate, to assist in determining the most appropriate design.

(ii)    Channelization and flow diversion projects shall evaluate the residual 100-year floodplain.

(iii)    Any channelization or other stream alteration activity proposed by a project proponent must be evaluated for its impact on the regulatory floodplain and be in compliance with all applicable Federal, State and local floodplain rules, regulations and ordinances.

(iv)    Any stream alteration activity shall be designed and sealed by a registered Colorado professional engineer or certified professional hydrologist.

(v)    All activities within the regulatory floodplain shall meet all applicable Federal, State and City floodplain requirements and regulations.

(vi)    Within the regulatory floodway, stream alteration activities shall not be constructed unless the project proponent demonstrates through a floodway analysis and report, sealed by a registered Colorado professional engineer, that there is not more than a 0.00-foot rise in the proposed conditions compared to existing conditions floodway resulting from the project, otherwise known as a no-rise certification.

(vii)    Maintenance shall be required for any altered or relocated portions of watercourses so that the flood-carrying capacity is not diminished.

(6)    Specific Standards for Properties Removed From the Floodplain by Fill. A floodplain development permit shall not be issued for the construction of a new structure or addition to an existing structure on a property removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F), with a lowest floor elevation placed below the base flood elevation with one foot of freeboard that existed prior to the placement of fill.

(7)    Specific Standards for Critical Facilities. A critical facility is a structure or related infrastructure, but not the land on which it is situated, as classified below, that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the City at any time before, during and after a flood.

(i) Classification of Critical Facilities. Critical facilities are classified under the following categories: (a) essential services; (b) hazardous materials; (c) at-risk populations; and (d) vital to restoring normal services.

(A)    Essential services facilities include public safety, emergency response, emergency medical, designated emergency shelters, communications, public utility plant facilities, and transportation lifelines.

These facilities consist of:

a.    Public safety (police stations, fire and rescue stations, emergency vehicle and equipment storage, and, emergency operation centers);

b.    Emergency medical (hospitals, ambulance service centers, urgent care centers having emergency treatment functions, and nonambulatory surgical structures but excluding clinics, doctors offices, and nonurgent care medical structures that do not provide these functions);

c.    Designated emergency shelters;

d.    Communications (main hubs for telephone, broadcasting equipment for cable systems, satellite dish systems, cellular systems, television, radio, and other emergency warning systems, but excluding towers, poles, lines, cables, and conduits);

e.    Public utility plant facilities for generation and distribution (hubs, treatment plants, substations and pumping stations for water, power and gas, but not including towers, poles, power lines, buried pipelines, transmission lines, distribution lines, and service lines); and

f.    Air transportation lifelines [airports (municipal and larger)], helicopter pads and structures serving emergency functions, and associated infrastructure (aviation control towers, air traffic control centers, and emergency equipment aircraft hangars).

Specific exemptions to this category include wastewater treatment plants (WWTP), nonpotable water treatment and distribution systems, and hydroelectric power generating plants and related appurtenances.

Public utility plant facilities may be exempted if it is demonstrated to the satisfaction of the Director that the facility is an element of a redundant system for which service will not be interrupted during a flood. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same utility or available through an intergovernmental agreement or other contract) and connected, the alternative facilities are either located outside of the 100-year floodplain or are otherwise compliant with all floodplain regulations, and an operations plan is in effect that states how redundant systems will provide service to the affected area in the event of a flood. A development approval includes the condition that evidence of ongoing redundancy be provided to the Director upon the Director’s request.

(B)    Hazardous materials facilities include facilities that produce or store highly volatile, flammable, explosive, toxic and/or water-reactive materials.

These facilities include:

a.    Chemical and pharmaceutical plants (chemical plant, pharmaceutical manufacturing);

b.    Laboratories containing highly volatile, flammable, explosive, toxic and/or water-reactive materials;

c.    Refineries;

d.    Hazardous waste storage and disposal sites; and

e.    Above ground gasoline or propane storage or sales centers.

(C) At-risk population facilities include medical care, congregate care, and schools.

These facilities consist of:

a.    Elder care (nursing homes);

b.    Congregate care serving 12 or more individuals (day care and assisted living);

c.    Public and private schools (pre-schools, K-12 schools, before-school and after-school care serving 12 or more children);

(D)    Facilities vital to restoring normal services including government operations.

These facilities consist of:

a.    Essential government operations (public records, courts, jails, building permitting and inspection services, community administration and management, maintenance and equipment centers);

b.    Essential structures for public colleges and universities (dormitories, offices, and classrooms only).

These facilities may be exempted if it is demonstrated to the Director that the facility is an element of a redundant system for which service will not be interrupted during a flood. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same entity or available through an intergovernmental agreement or other contract), the alternative facilities are either located outside of the 100-year floodplain or are otherwise compliant with all floodplain regulations and an operations plan is in effect that states how redundant facilities will provide service to the affected area in the event of a flood. Evidence of ongoing redundancy shall be provided to the Director on an as-needed basis as determined by the Director upon request.

(ii)    Protection for Critical Facilities. All new and substantially improved critical facilities and new additions to critical facilities located within the special flood hazard area shall be regulated to a higher standard than structures not determined to be critical facilities. For the purposes of critical facilities, protection shall include one of the following:

(A)    Location outside the special flood hazard area; or

(B)    Elevation or floodproofing of the structure to at least two feet above the BFE.

(iii)    Ingress and Egress for New Critical Facilities. New critical facilities shall, when practicable as determined by the Director, have continuous noninundated access (ingress and egress for evacuation and emergency services) during a 100-year flood event.

(e)    Data, Information and Interpretation. The Director shall obtain and maintain the following information:

(1)    The actual elevation, relative to mean sea level, of the lowest floor, including basement, of each structure;

(2)    For each new or substantially improved floodproofed structure, the actual elevation, relative to mean sea level, to which the structure has been floodproofed and the required floodproofing certifications;

(3)    Proof that an applicant has, prior to altering or relocating any watercourse or part thereof, notified adjacent communities and the Colorado Water Conservation Board of such alteration and demonstrated that there is adequate maintenance within the altered or relocated portion of the watercourse so that the flood-carrying capacity is not diminished. The Director shall also submit evidence of such notification to the Federal Emergency Management Agency.

The Director shall interpret the Flood Insurance Rate Maps (FIRM) to decide location of the boundaries of the areas of special flood hazard.

(Ord. 4815, 9-5-18; Ord. 4778, 1-3-18; Ord. 4583, 4-17-13; Ord. 4551, 9-5-12; Ord. 4419, 4-5-10)

21.07.020 Environmental/sensitive lands regulations.

(a)    Purpose. Environmental and sensitive lands (ESL) regulations shall apply to identified hazard areas and/or lands, which have or may have specific environmental conditions. The intent of this regulation is to:

(1)    Guide development and land use within these areas;

(2)    Protect the public from avoidable financial expenditures for hazard control projects, hazard relief measures and damages to public utilities, streets and bridges;

(3)    Protect people and property and minimize damage from possible hazards; and

(4)    Provide a mechanism by which people owning/purchasing land can gain information about the land and whether the land is suitable for development.

(b)    Applicability. The provisions of this chapter, in addition to any other applicable regulation, shall apply to a planned development outline development plan, preliminary subdivision plat or simple subdivision for environmental and sensitive lands. This chapter shall not apply to the following:

(1)    Development of a single-family home on any lot or parcel in existence as of the effective date of this code;

(2)    State, County or City highway personnel engaged in constructing or effecting repair of bridges and/or roads;

(3)    Colorado Division of Wildlife and/or U.S. Fish and Wildlife Service engaged in habitat improvement; and

(4)    Railroad personnel engaged in constructing or effecting repair of bridges and track.

(c)    General Requirements.

(1)    The Director shall administer this code making any necessary interpretations of maps and other documents or information necessary or required, to determine among other things the boundaries of geologic and wildfire hazard areas.

(2)    Any development application involving a property with a known or suspected geologic hazard shall be submitted by the Director for review by the Colorado Geological Survey.

(3)    Any development application involving a property with a known or suspected wildfire hazard shall be submitted by the Director for review by the State Forestry Service.

(4)    Protection from or against hazard or loss by the application of this regulation is not guaranteed. The analysis and recommendations are based on engineering and scientific studies, which are reasonably believed to be accurate and complete. A review consistent with this regulation does not guarantee, either expressly or impliedly that areas outside of established hazard boundaries or uses permitted within hazard boundaries will be free from damage or that people will be free from death or injury caused by known or unknown hazards. Application of this regulation to any development shall not create any liability on the part of, or create a cause of action against, the City or any officer or employee thereof.

(d)    Wildfire Standards.

(1)    Defensible Space. Any new residential development on or adjacent to land that is predominantly woods, brush or grasslands, shall be developed to minimize the potential for the buildings to be ignited by wildfire and for a building fire to ignite surrounding woods, brush or grasslands. In addition to all other applicable regulations woods, brush or grassland development shall be developed with the area surrounding each dwelling unit modified and managed using a two-area system as follows:

(i)    Area 1. Area 1 shall consist of a 30-foot area immediately surrounding the dwelling unit, not to extend beyond the property line. No dead trees or other dead vegetation may remain in Area 1 at the time of initial sale or initial construction, whichever is first. Area 1 shall be further subdivided into two segments:

(A)    Segment A shall consist of the five feet immediately surrounding all sides of the dwelling unit. All vegetation shall be removed from this area at the time of initial sale or construction, whichever is first. No new vegetation shall be planted in Segment A if the structure is sided with combustible materials such as wood or logs. If noncombustible siding is used, however, low-growing shrubs may remain or be installed. In no case shall shrubs be planted so as to be continuous with grass. No propane tanks may be installed in Segment A and no firewood or other combustible materials may be stored there.

(B)    Segment B shall consist of the 25 feet immediately beyond Segment A. At the time of initial sale or initial construction, whichever occurs first, all installed trees within Area 1 shall be located, and all existing vegetation shall be thinned, as follows to break up the horizontal and vertical continuity of fuels:

a.    Spacing between clumps of brush or trees, as measured between the crown of each clump, shall be no closer than two times the height of the taller clump. The maximum width of any clump of brush or trees shall be no greater than two times the height of the clump. Thinned material shall be removed from the site.

b.    All branches of trees or brush shall be pruned to a minimum height of 10 feet above the ground or one-half the total height of the tree or bush, whichever is less. Pruned material shall be removed from the site.

c.    Propane tanks and firewood may be located in Segment B, but in no case shall such tanks be located within 20 feet of the primary structure. Propane tanks shall be located on gravel pads and shall not be located immediately adjacent to grass-covered areas.

(ii)    Area 2. Area 2 shall consist of the area immediately beyond Area 1 and extending to 75 feet from the principal structure, not to extend beyond the property line. Trees shall be initially thinned in this area to maintain a minimum of five feet between tree crowns at maturity. All dead trees must be removed from Area 2 prior to initial sale or initial construction, and subsequent dead trees shall be removed annually, except that two dead trees per acre may remain to serve as wildlife habitat.

(2)    Maintenance. Persons owning, leasing or otherwise maintaining new dwelling units covered by provisions of this code are responsible for proper maintenance of the defensible space. Maintenance of the defensible space shall include modifying or removing flammable vegetation and keeping leaves, needles and other dead vegetative material from accumulating on roofs of structures.

(e)    Wildlife Habitat Protection.

(1)    Prior to development of a moderate, high or very high potential for impact category parcel, as shown on the 1999 Wildlife Composite Map for the urban area or an amended map approved by the City, the developer shall consult with the Colorado Division of Wildlife to substantiate the basis for the potential impact and to address various specific measures to avoid, minimize, or mitigate negative impacts to wildlife and/or habitat.

(2)    New structures shall not be located within 100 feet of the floodways of the Colorado or Gunnison Rivers or as recommended by the Colorado Division of Wildlife. Roads, trails, recreation access sites, bridges, fences, irrigation and water diversion facilities, erosion and flood control devices, underground utilities, and similarly necessary structures may be located within this setback, if necessary. The installation of these structures shall comply with all other applicable federal, State, and local regulations.

(f)    Hillside Development.

(1)    Hillside development standards are applicable to hillside development and excavation of hillside so that:

(i)    Soil and slope instability and erosion is minimized;

(ii)    The adverse effects of grading, cut and fill operations are minimized;

(iii)    The character of the City’s hillsides is preserved; and

(iv)    The public’s interest is protected.

(2)    The provisions hereof are designed to accomplish the following:

(i)    Prohibit development or uses which would likely result in a hazardous situation due to slope instability, rock falls, or stormwater runoff and excessive soil erosion;

(ii)    Minimize the threat and consequent damages resulting from hillside area fires by establishing fire protection measures and adequate emergency vehicle access;

(iii)    Preserve natural features, wildlife habitats, natural vegetation, trees and other natural plant formations;

(iv)    Provide for safe vehicular circulation and access to recreation areas, natural drainage channels, paths and trails;

(v)    Encourage the location, design and development of building sites in a manner that will provide for greater aesthetic appeal, blend with the slopes and hillside terrain, minimize the scarring and erosion effects of cutting, filling and grading of hillsides and prohibit development of ridge lines as defined; and

(vi)    Encourage preservation of open space by encouraging clustering or other design techniques to preserve natural terrain, views and vistas.

(3)    Hillside Development Standards. In furtherance of the purposes set forth, any hillside development shall comply with the tables below. Any portion of a development having a slope greater than 30 percent with an elevation change of 20 feet or greater shall not be included in calculation of the area of such parcel for the purposes of determining conformity with the minimum lot parcel size and density requirements below.

SINGLE-FAMILY, PLANNED AND CLUSTER SUBDIVISION DEVELOPMENT

Average Slope of Development Area

Minimum Lot Size1

Minimum Lot Width

0% – 10%

See Existing Zone

See Existing Zone

10.01% – 20%

10,000 sq. ft.

At least 100 ft. at front setback line

20.01% – 30%

15,000 sq. ft.

At least 200 ft. at front setback line

30.01% +

Development Not Permitted2

Development Not Permitted2

1 Minimum lot size as finally approved.

2 Development on slopes of greater than 30 percent is not permitted unless, after review and recommendation by the Planning Commission and approval by the City Council, it is determined that:

a. Appropriate engineering measures will be taken to minimize the impact of cuts, fills, erosion and stormwater runoff consistent with the purpose of this section; and

b. The developer has taken reasonable steps to minimize the amount of hillside cuts and also has taken measures to mitigate the aesthetic impact of cuts through landscaping or other steps.

Note: Maximum setback for single-family dwelling structures – 150 feet from public or private street.

MULTIPLE DWELLING UNITS

Average Slope of Development Area

Minimum Lot Width

Maximum Density

0% – 10%

See Existing Zone

See Existing Zone

10.01% – 20%

100 feet

Maximum density of underlying zone x 0.80 unless clustered

20.01% – 30%

100 feet

Maximum density of underlying zone x 0.60 unless clustered

30.01% +

Development Not Permitted1

Development Not Permitted1

1 Development on slopes of greater than 30 percent is not permitted unless, after review and recommendation by the Planning Commission and approval by the City Council, it is determined that:

a. Appropriate engineering measures will be taken to minimize the impact of cuts, fills, erosion and stormwater runoff consistent with the purpose of this section; and

b. The developer has taken reasonable steps to minimize the amount of hillside cuts and also has taken measures to mitigate the aesthetic impact of cuts through landscaping or other steps.

(4)    Unless otherwise approved by the Planning Commission, for property with slopes in excess of 20 percent, development may, as determined by the Director, be clustered on the portion of the site with slopes less than 20 percent. Clustering may be achieved by concentrating the number of units or by concentrating the amount of square footage allowed for the entire site on that portion of the property with less than 20 percent slope. See also GJMC 21.03.060, Cluster developments.

(5)    Determination of Slope and Slope Areas. Slope shall be determined on a parcel by parcel basis if the slope is not generally uniform. The Director may allow some incursion hillside disturbance between slopes. Such incursions shall not exceed 20 feet unless, upon recommendation of the Planning Commission, the City Council finds that a greater incursion is consistent with the purposes of this section. All property with a slope greater than 30 percent shall be excluded from the calculation of development area for purposes of determining hillside disturbance and density/intensity limitations. Natural slope delineation for the purposes of this section shall be determined as follows:

(i)    Contour intervals, maps and calculations required to determine the natural slope shall be prepared by the applicant and shall be submitted with the development application.

(ii)    Contour maps shall be prepared and certified by a licensed professional engineer or licensed surveyor showing contours at intervals no greater than two feet (the contour map).

(iii)    A qualified professional shall prepare all reports, documents, maps, reports and calculations. The basis of the information used/analyzed shall be conspicuously disclosed thereon. Each report shall include a current statement of the professionals’ certifications, credentials and qualifications to prepare the report.

(iv)    The Director may require that the applicant perform a field survey to verify the accuracy of the contour lines shown on the contour map.

(v)    The contour map shall identify profile lines, which shall be used for performing the field survey. Profile lines shall be perpendicular to contour lines and in no case occur at intervals greater than 150 feet apart or 75 feet from a property line.

(6)    Determination of Slope Areas/Density Calculation. Using the field survey, slopes shall be calculated in horizontal intervals no greater than 40 feet. Points identified as slopes, as listed above, shall be located on the contour map and connected by a continuous line. The area bounded by the lines and intersecting property lines shall be used for determining dwelling unit density.

(7)    Street Design. The TEDS manual (GJMC Title 29) shall apply to all hillside development except that:

(i)    Streets, roads, driveways and other vehicular routes shall not traverse property having a slope greater than 30 percent unless, after review by the Planning Commission and approval by the City Council, it is determined that:

(A)    Appropriate engineering measures will be taken to minimize the impact of cuts, fills, erosion and stormwater runoff consistent with the purposes of this section; and

(B)    The developer has taken reasonable steps to minimize the amount of hillside cuts and taken measures to mitigate the aesthetic impact of cuts through the use of landscaping and other mitigation measures acceptable to the Director.

a.    Existing vegetation, where streets are to be located, shall be preserved to the greatest extent possible. As much as possible street alignment should follow the natural terrain.

b.    Upon the favorable recommendation of the Director sidewalk construction may be waived by the Planning Commission when the Planning Commission finds that sidewalk construction would result in excessive grading and/or cut/fill of slopes.

c.    Vertical or drive-over, curb and gutter, as determined by the Director, shall be installed along all public streets.

(8)    Joint Development Applications. Multiple owners of hillside property, whether or not such property is contiguous, may file a joint development application for all such property or the City Council may direct the Director to file such an application on behalf of the City.

(9)    For all purposes of this chapter, such property shall be treated as a single development parcel.

(10)    Development permitted on such property, pursuant to this chapter, may be clustered on any one or more of the parcels under such joint application subject to the requirements and limitations of this chapter. The provisions of this section shall not allow variance in the use requirements of the underlying and existing zoning category for the receiving parcel and may not result in a violation of the purposes of these regulations.

(g)    Ridgeline Development. The City recognizes the value of its visual resources and amenities. The purpose of the ridgeline development standards is to preserve the character of the identified ridgelines and to minimize soil and slope instability and erosion. Ridgeline development standards include the following:

(1)    For all lots platted within the mapped ridgeline protection area shown on Exhibits 7.2.C1, 7.2.C2 and 7.2.C3, buildings, fences and walls shall be set back a minimum of 200 feet from the ridgeline.

(2)    This setback shall not apply if the applicant produces adequate visual representation that a proposed new structure will not be visible on the skyline as viewed from the centerline of the mapped roads or that mitigation will be provided. Mitigation techniques might include:

(i)    Earth tone colors to blend with the surrounding area;

(ii)    The use of nonreflective materials;

(iii)    Vegetation to screen and soften the visual impact of the structure; and/or

(iv)    A reduction of building height or the “stepping” of the building height; or

(v)    Other means that minimize the appearance from the road corridor.

(3)    In no case shall the setback be less than 30 feet from the ridgeline. This regulation shall not apply to existing structures or lots platted prior to the effective date of this code or to fences constructed primarily of wire.

(4)    The required setback shall be measured to the building envelope, to be established at the time of platting.

(5)    Line of sight shall be measured from the centerline of the road most parallel to the ridgeline at the point most perpendicular to the center of the lot.

(6)    Ridgeline shall be determined on a site-specific basis and shall be that point at which the line of sight is tangent with the slope profile.

(h)    Natural Resources. Natural resources, especially mineral resources, shall be protected. In the event that development is proposed in an area of known mineral deposits, the applicant shall provide an estimate of the economic value of the on-site mineral resources. This estimate shall be prepared by a registered engineer and submitted prior to approval of development. The City Council shall make an evaluation of the value of both the resource and the cost of extraction prior to development of the property. The City Council may delay development approval until extraction has been accomplished or protection provided within the design of the development.

(i)    Geologic Hazard Maps.

(1)    The Colorado Geological Survey (CGS) has identified geologic hazard areas. The CGS maps, together with explanatory text, references and supporting and supplemental studies, results and findings delineating the boundaries of geologic hazard areas are incorporated into this code by reference.

(2)    The CGS maps approximate the boundaries of hazard areas. The maps shall primarily provide notice to the Director, Planning Commission, City Council and the applicant, that geologic hazards may exist and if so require consideration prior to and if approved, during development. Precise boundaries and determination of hazard require on-site evaluation by qualified professionals. The Director may require a detailed engineering analysis, study and/or report if a hazard is known or reasonably believed to exist. The engineering analysis, study and/or report, if required, may, as determined by the Director, be required to include a map of the extent of the hazard, a definition of its degree of severity, a determination of the frequency of occurrence/reoccurrence, an evaluation of the compatibility of the proposed land use and consideration of the means and methods of hazard mitigation.

(3)    Hazard mitigation is not intended to categorically preempt development but development may occur only if mitigation is appropriate and proportionate to the severity and frequency of the hazard.

(4)    Mitigation techniques, which may be acceptable, are:

(i)    Avoidance of the hazard area;

(ii)    Retaining walls, fill, rock bolting, pilings;

(iii)    Diversion, channeling, damming, barriers;

(iv)    Excavation of unstable areas, bridging of weak zones, proper distribution of loading;

(v)    Improvement of surface and subsurface drainage.

(5)    Mitigation plans shall be prepared and stamped by a Colorado registered, professional engineer.

(j)    Environmental Audit. A Phase I environmental audit shall be required for any property dedicated or deeded to the City. The City may require additional investigation.

(Ord. 4419, 4-5-10)

21.07.030 Airport environs overlay zoning district (AE).

(a)    Purpose. The airport environs overlay zoning district (AE) is hereby created with the following purposes:

(1)    To protect the public health, safety and welfare by regulating development and land use within noise sensitive areas and airport hazard areas;

(2)    To ensure compatibility between Grand Junction Regional Airport and surrounding land uses; and

(3)    To protect the airport from incompatible encroachment.

(b)    Overlay District. The airport environs overlay zoning district (AE) shall serve as an overlay zoning that applies additional standards and requirements to properties located within an underlying zoning district. In case of conflicting standards and requirements, the more stringent standards and requirements shall apply.

(c)    Airport Environs Overlay Maps. Airport environs overlay maps referred to in this code are on file at the Public Works and Planning Department. The maps are incorporated by this reference as if fully set forth.

(d)    Airport Environs Subdistricts. The airport environs overlay zoning district (AE) is comprised of four subdistricts. The subdistricts represent a determination by the Federal Aviation Administration (FAA) of differing levels of expected noise impact and hazard from aircraft overflight. If any parcel is within more than one subdistrict, the more restrictive subdistrict determination shall apply. The subdistricts are as follows:

(1)    Area of Influence (Subdistrict A). An area surrounding the airport impacted or influenced by proximity of the airport, either by aircraft overflight, noise and/or vibrations.

(2)    Noise Zone (Subdistrict B). Includes the area within the 65 Ldn to 70 Ldn noise-exposure area as shown in the Grand Junction Regional Airport Master Plan.

(3)    Critical Zone (Subdistrict C). A rectangular-shaped zone located directly off the end of a runway’s primary surface, beginning 200 feet from the end of the pavement, which is critical to aircraft operations (i.e., more apt to have accidents within it because of the takeoff and landing mode in that particular area) as shown in the Grand Junction Regional Airport Master Plan.

(4)    Clear Zone (Subdistrict D). A triangular-shaped zone located directly off the end of a runway’s primary surface, beginning 200 feet from the end of the pavement, which is clear of all above-ground obstruction or construction. The width is the same as the primary surface. The length is determined by the use of the runway, in accordance with FAA regulations.

(5)    The boundaries of the AE zoning and its subdistricts shall be reviewed whenever the Grand Junction Regional Airport Authority updates and/or amends the noise contour maps and/or master plan. The Grand Junction Regional Airport Authority shall notify the City of any such update and/or amendment and provide a copy of it to the City.

(e)    Exemptions. The terms, provisions, conditions and restrictions of 5-11 et seq. of the former code pertaining to land use for land around airports shall control development in existence prior to the effective date of this code. This chapter shall apply to development, structures and/or lots platted after the effective date of this code.

(f)    Land Use Compatibility.

(1)    Airport Environs Matrix. The airport environs land use compatibility matrix below, also known as the airport matrix, establishes requirements and limitations in addition to those provided in Chapter 21.03 GJMC. In the case of conflict the more restrictive requirements shall control.

(2)    The airport matrix below identifies development standards that apply to development within the AE zone. Any proposed use and/or development shall comply with the requirements of this section, in addition to all other applicable standards.

(3)    All structures shall be constructed to comply with the noise level reduction (NLR) standards of the airport matrix. National Technical Information Service (NTIS) report Guidelines for the Sound Insulation of Residences Exposed to Aircraft Operations (AD-A258 O32), latest edition, shall be used for noise reduction methods for new development.

(4)    Use Restriction. Notwithstanding any other provision of this code, no use may be made of land or water within any zone or subdistrict that creates or may create:

(i)    Interference with navigational signals or radio communication between the airport and aircraft;

(ii)    Difficulty for pilots to distinguish between airport lights and other lighting;

(iii)    Glare in the eyes of pilots using the airport;

(iv)    Impaired visibility in the vicinity of the airport;

(v)    A hazard or endanger landing, takeoff or maneuvering of aircraft.

(g)    Avigation Easement. New development located within the AE zone shall convey an avigation easement to the Grand Junction Regional Airport Authority in a form and with terms and conditions approved by the Director. Such conveyance shall not be required for repair or maintenance of existing structures.

(h)    Record Notice of Critical and Noise Zone Subdistricts. A written notice, in a form approved by the Director, shall be affixed to and recorded with each final plat/plan when the development is located in a noise zone. The notice shall also be required when the development is located within a critical zone. The notice shall minimally provide that:

(1)    All or part of the development is potentially subject to aircraft noise levels high enough to annoy users of the property and interfere with its unrestricted use.

(2)    If in the critical zone add: All or part of this property is also located in the approach and departure path of the airport in an area more apt to have accidents because of the takeoff and landing of aircraft.

(i)    Height Limitations. Nothing, including structures and trees, shall be erected, altered, allowed to grow or be maintained so that it crosses or enters into the applicable runway approach zones as defined in Federal Aviation Regulations (FAR) Part 77, as amended.

 

Airport Land Use Compatibility Standards Matrix

LAND USE

SUBDISTRICTS

A

B

C

D

Residential (≤ 1 unit per 5 acres)

Y

301

301

N

Residential (≥ 1 unit per 5 acres)

Y

C301

N

N

Hotels/Motels

Y

C25

N

N

Schools, Hospitals, Libraries

Y

C25

N

N

Churches

Y

C25

N

N

Auditoriums, Outdoor Amphitheaters, Concert Halls

Y

C25

N

N

Sports Arenas

Y

C25

N

N

Playgrounds, Parks, Open Space, Golf Courses, Cemeteries, Riding Stables

Y

Y

C

N

Office Buildings, Personal, Business, and Professional Services

Y

C

C

N

Commercial Establishments: Retail

Y

C

C

N

Commercial Establishments: Wholesale, Manufacturing, Transportation, Communications, and Utilities

Y

C

C

N

Manufacturing – Noise-Sensitive

C

C

C

N

Communications – Noise-Sensitive

C

C

C

N

Farming (Livestock)

Y

Y

Y

N

Agriculture, Mining, Fishing (Except Livestock Farming)

Y

Y

Y

C

Poultry Production

Y

Y

Y

N

LEGEND

Footnote 1: Where possible, no residential development shall be permitted within Subdistricts B and C; however, for properties substantially or wholly burdened by Subdistrict C, residential development may be permitted at a density not to exceed one unit per five acres. Clustering of homes outside of Subdistricts B and C shall, where possible, be used.

 

Y:

Yes

C:

Requires conditional use permit

N:

No

25:

Measures to achieve noise level reduction (NLR) of 25 dB must be incorporated into the design and construction of structures.

30:

Measures to achieve noise level reduction (NLR) of 30 dB must be incorporated into the design and construction of structures.

(Ord. 4419, 4-5-10)

21.07.040 Historic preservation.

(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, which may be referred to as the Historic Board or Preservation Board. The Historic Board shall have principal responsibility for matters of historic preservation, and shall have such membership, authority, duties, and responsibilities as further provided in Chapter 21.01 GJMC.

(c)    City Registry Established.

(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.

(C)    Geographic/Environmental.

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.

(C)    Geographic/Environmental. Is geographically or regionally important.

(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;

(C)    Is in the original location or same historic context if it has been moved; or

(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.

(C)    Geographic/Environmental.

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.

(Ord. 4815, 9-5-18; Ord. 4509, 3-21-12; Ord. 4419, 4-5-10)