9-11-3: DESIGNATION OF LANDMARKS, LANDMARK SITES, HISTORIC DISTRICTS AND CULTURAL LANDSCAPE DISTRICTS:
A. Designation Authorized: Pursuant to the procedures hereinafter set forth in this section, and subject to section 9-11-4 of this chapter, the town council may, by ordinance, designate a landmark, landmark site, historic district or a cultural landscape district. The property included in any such designation shall be subject to the controls and standards set forth in this chapter, and eligible for such incentive programs as may be developed by the town.
B. Designation Procedures: The town shall follow the following procedures in connection with any proposal to designate a landmark, landmark site, historic district or a cultural landscape district:
1. Property Owner Consent:
a. Landmarks And Landmark Sites: No proposal for the designation of a landmark or a landmark site shall be accepted by the director as complete and ready for town action unless the property owner of the landmark or landmark site has consented to such designation.
b. Historic Districts And Cultural Landscape Districts: No proposal for the designation of a historic district or a cultural landscape district site shall be accepted by the director as complete and ready for town action unless at least fifty one percent (51%) of the property owners of the land within the proposed historic district or cultural landscape district have consented to such designation.
c. Director To Give Notice: Within thirty (30) days following receipt of a historic district or cultural landscape district designation proposal, and prior to accepting such proposal as being complete and ready for town action, the director shall send written notice of the submission of such designation proposal to the owner(s) of the land which is the subject of the designation proposal as shown on the records of the Summit County assessor. The notice provided by the director shall outline the reasons for and the effects of the proposed designation. (Ord. 24, Series 2001)
2. Process To Be Followed: A proposal to designate a historic district or cultural landscape district shall be processed by the town using the Class A development permit process as set forth in the development code, except as otherwise expressly provided in this section. A proposal to designate a landmark or landmark site shall be processed by the town using the Class B minor development permit process as set forth in the development code, except as otherwise expressly provided in subsections B3 and B4 of this section. Any application submitted under this chapter may be processed concurrently with a development permit application for the same property. In the event of the submission of an application under this chapter and a concurrent development permit application for the same property, the applicant shall only be required to pay one application fee which shall be calculated based on the higher development permit classification of the two (2) applications. (Ord. 24, Series 2003)
3. Commission Review: A complete proposal for any landmark, landmark site, historic district or cultural landscape district designation shall be forwarded by the director to the commission who shall make a recommendation to council regarding the proposed designation.
4. Council Decision: Final approval of any landmark, landmark site, historic district or cultural landscape district designation shall be by ordinance adopted by the town council.
5. Exemptions: The town council may exempt from designation a property meeting the applicable designation criteria of section 9-11-4 of this chapter if the council finds that the property owner has demonstrated by a preponderance of the evidence that the proposed designation creates an undue hardship. The following criteria shall be used in assessing the potential for hardship:
a. Economic Hardship:
1. Income Properties: For investment or income producing properties, the owner's inability to obtain a reasonable rate of return on the property in its present condition, or if rehabilitated, under the alterations criteria.
2. Nonincome Properties: For nonincome producing properties consisting of owner occupied single-family dwellings and/or properties not solely operated for profit, the owner's inability to convert the property to a nonprofit use in its present condition, or if rehabilitated, under the alterations criteria.
3. Noneconomic Hardship: The designation creates a situation substantially inadequate to meet the applicant's needs because of specific and unique health and/or safety issues.
6. Designation Notification: Whenever a historic district or cultural landscape district has been designated by the town council as provided in this section, the director shall promptly notify the owner of any property included therein.
7. Appeal: An appeal from a decision of the town council with respect to the designation of a historic district or cultural landmark district shall be taken pursuant to rule 106(a)(4) of the Colorado rules of civil procedure.
C. Designation Criteria: The commission's recommendation, and the council's decision regarding any proposal for designation of a landmark, landmark site, historic district or cultural landscape district, shall be based on the criteria set forth in section 9-11-4 of this chapter.
D. Design Standards: Any landmark or landmark site within the town's "historic district" (as defined in section 9-1-5 of this title), shall be subject to the applicable regulations of the town's "Handbook Of Design Standards For The Historic And Conservation Districts", and the design standards for the applicable character areas, as amended from time to time. Any landmark, landmark site, historic district or cultural landscape district which is designated outside of the town's existing historic district shall be subject to any standards adopted for that specific designation. (Ord. 24, Series 2001)