7.5.1603: DESIGNATION PROCESS FOR HISTORIC PRESERVATION OVERLAY ZONING:
   A.   Initiation Of Procedure:
      1.   Owner Initiated Procedures: The owner of property seeking a historic preservation overlay for that property may initiate the procedure for such zoning by filing an application for zoning with the Board. The Board shall within a reasonable period of time act on the application filing by determining if the property is eligible for historic preservation zoning and, if so, it shall adopt a resolution recommending to the City Planning Commission and City Council, historic preservation overlay zoning without the necessity of notice required by subsection B of this section.
      2.   Board Initiated Procedures For Historic Preservation Overlay Zoning:
         a.   The Board may initiate procedures for historic preservation overlay zoning on a property when, in the opinion of the Board, the site, structure, object or area meets the criteria for historic preservation overlay zoning. To initiate procedures, the Board shall attempt to contact the record owner or owners of the property as shown in the records of the El Paso County Assessor by mailing to the owner or owners, at the owner's address shown in the records of the El Paso County Assessor, first class mail, postage prepaid, a first request for consent to the zoning outlining the reasons and effects of historic preservation overlay zoning and requesting the owner's written consent to historic preservation overlay zoning on the property.
         b.   If the first class mailing is returned to the Board by the United States Postal Service, or no response from the owner is received by the Board within thirty (30) days of the date the request was mailed, the Board shall again attempt to contact the record owner or owners of the property by mailing to the owner or owners, first class mail with a certificate of mailing, postage prepaid, a second request for consent to the zoning outlining the reasons and effects of historic preservation overlay zoning and requesting the owner's written consent to historic preservation overlay zoning on the property.
      3.   No Consent; No Response: If any owner of the property does not consent to historic preservation overlay zoning of the property within thirty (30) days of the date the first request was mailed by the Board, or, in the event the first request to an owner was returned by the United States Postal Service, if no response or consent is received from that owner of the property within thirty (30) days of the date the second request was mailed by the Board, the Board, upon an affirmative vote of at least four (4) of its members, may proceed by officially adopting a resolution stating that the preliminary investigation by the Board indicates that the described property is eligible for historic preservation overlay zoning.
      4.   Owner Consent: In the event the owner consents in writing to historic preservation overlay zoning, the Board, upon the affirmative vote of a majority of the members present, shall adopt a resolution recommending to the City Planning Commission and City Council historic preservation overlay zoning without the necessity of notice required by subsection B of this section.
      5.   Application: All applications submitted in accord with this section shall include a description of the property proposed for zoning and a detailed outline of the reasons why such property should be designated and why the boundaries of said property should be determined as described in the application.
      6.   Disapproval: Whenever a change of zone has been finally disapproved by the Historic Preservation Board, Planning Commission or City Council, the Board, Commission or City Council shall not consider any further application for the same change in zone affecting the same property or a part thereof for a period of twelve (12) months from the final action of disapproval.
   B.   Notice Of Hearing: Notice of Board consideration of historic preservation overlay zoning hearing shall be given as follows:
      1.   Written notice of the time, date, place and subject of the hearing shall be sent to the owner or owners of record who own the real property being proposed for inclusion within the historic preservation overlay zone, at the owner's address shown in the most recent records of the El Paso County Assessor, by first class mail, with certificate of mailing, not less than twenty seven (27) days prior to the hearing. The notice shall be deemed delivered upon the passage of six (6) days from the deposit of the notice in the United States mail.
      2.   A sign(s) indicating that historic preservation overlay zoning is being considered by the Board shall be posted by the Board for a period of not less than fifteen (15) days immediately preceding the hearing.
         a.   Where an individual property is proposed for historic preservation overlay zoning, such sign or signs shall be prominently displayed and easily readable from abutting public ways.
         b.   Where two (2) or more adjacent properties are being considered for historic preservation overlay zoning, such sign or signs may be prominently displayed in the public ways entering the perimeter of the district comprising those properties, or each property within the district may be individually posted in accord with this section at the Manager's discretion.
      3.   A legal notice indicating the nature of the hearings, the property involved and the time, date and place of the scheduled public hearing shall be published in a newspaper of general circulation one time at least fifteen (15) days prior to the hearing.
   C.   Interim Control: No building permit shall be issued by the Building Official for alteration, relocation, demolition or new construction on a site, or for a structure or object under consideration for historic preservation overlay zoning from the date of the hearing of the Board at which zoning is first presented for consideration of any kind until final disposition of the zoning by the City Council unless such alteration, relocation, demolition or new construction is authorized in accord with the provisions of this section.
   D.   Hearing: The hearing shall be held within sixty three (63) days after submission of a complete application by the owner or motion of the Board for initiation of the historic preservation overlay zone. All hearings shall be recorded. Written presentations, including the report of the Community Development Department shall be included in the record of the hearing. Reasonable opportunity shall be provided for all interested parties to express their opinions regarding the proposed zoning. However, nothing contained herein shall be construed to prevent the Board from establishing reasonable rules to govern the proceedings of the hearings or from establishing reasonable limits on the length of individual presentations. If any hearing is continued, the time, date and place of the continuation shall be established and announced to those present when the current session is to be adjourned; and such information shall be promptly forwarded, by regular mail, to the owners of record as established and addressed pursuant to subsection B1 of this section.
   E.   Findings And Recommendations Of The Board:
      1.   The Board shall act officially on each proposed historic preservation overlay zone at the conclusion of the hearing.
      2.   The Board may approve, reject or modify any proposal, but no proposal may be extended beyond the boundaries of the land described in the original resolution unless the initiation and hearing procedure is repeated for the enlarged boundaries.
      3.   As provided for in section 7.3.505 of this chapter the Board may recommend, upon demonstration of need, one or more of the following conditions of record:
         a.   Reduction of front, side and rear yard setbacks to conform to neighborhood standards;
         b.   Allowance of unparking vehicles to back across property lines for parking spaces accessed from an alley so long as such unparking vehicles are visible from both directions in the alley;
         c.   Allowance of one hundred percent (100%) of all required off street parking spaces as compact spaces;
         d.   Allowance of tandem parking spaces;
         e.   Allowance of off street parking spaces within three hundred feet (300') of the historic resource;
         f.   If relief allowed under subsections E3b through E3e of this section is insufficient to preserve the subject historic resource, a reduction of up to fifty percent (50%) of the minimum of off street parking spaces required by article 4, part 2 of this chapter may be recommended if determined necessary by the Board to preserve a historic resource;
         g.   Waiver of building height limitations to conform to neighborhood standards.
      4.   The Board shall set forth in its records the findings of fact which constitute the basis for its decision. If the Board fails to reach a decision, the designation shall be deemed to have been rejected and the designation procedure shall thereby be terminated, unless a continuance is agreed to by a majority of the members of the Preservation Board present, and a majority of those property owners receiving notice as required by this section who are present at the hearing.
   F.   Transmittal To City Planning Commission: Within fifteen (15) days after reaching its decision, the Board shall transmit to the City Planning Commission through the Manager only a recommendation to impose historic preservation overlay zoning, including the description of the property involved, the findings upon which the recommendation is based, specific design standards addressing proposed alterations to the property, and any other appropriate conditions of record.
   G.   City Planning Commission Action: Upon receipt of the zoning recommendation of the Board, the application shall be scheduled for consideration by the Planning Commission.
   H.   City Council Action: Upon receipt of any recommendation of the City Planning Commission for historic preservation overlay zoning or an appeal, the City Council may after hearing, by ordinance designate the property in a historic preservation overlay zone.
   I.   Final Notification To Owner: Within ten (10) days after the adoption of the historic preservation overlay zoning ordinance, the City Clerk shall send to the owner of each property so zoned by first class mail a letter outlining the reasons for the designation and the obligations and restrictions created by the zoning. The letter shall also contain a request that the owner and the owner's heirs, successors and assigns notify the Board prior to:
      1.   Plans Of Reconstruction: Preparation of plans of the reconstruction or alteration of the exterior or improvements located on the property; or
      2.   Plans For Construction: Preparation of plans for the reconstruction, alteration, relocation, or demolition of improvements on the property.
   J.   Notification To Regional Building Department: Within ten (10) days after City Council's adoption of a historic preservation overlay ordinance, the Secretary of the Board shall notify the Regional Building Department in writing and the Regional Building Department shall retain a record of this notification. (Ord. 88-228; Ord. 90-9; Ord. 90-70; Ord. 91-30; Ord. 94-107; Ord. 01-42; Ord. 07-35; Ord. 09-80)