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Preservation in Denver and the Landmarking Process

Why would I want my building designated as a Landmark?
You can:

• Obtain official recognition that your building has special historical, architectural, or geographical significance and is an important part of Denver's history.
• Obtain architectural advice and ideas through the design review process of the Denver Landmark Preservation Commission.
• Possibly increase the value of your home and neighborhood.
• Contribute to protecting your building's character in the future.
• Qualify for a Colorado Historic Preservation Income Tax Credit of 20%, which can be carried forward five years, of qualified costs up to a maximum credit of $50,000 per qualified property if the preservation or rehabilitation costs $5,000 or more.
• Be eligible to compete for funding from the State Historical Fund.
• Obtain relief from building codes.
• Be eligible for the Downtown Revolving Loan Fund if y you have a Landmark in the downtown B-5 zone district.
• Be eligible for transfer development rights (TDRs) allowing transfer of the unused portion of the allowable floor area ratio to another site within the same zone district if the property is located in the downtown B-5 zone, Lower Downtown B-7, and B-8G zone districts.
• Be eligible for expanded uses, such as for an office, art gallery and bed and breakfast, if the property is located in an R-3 residential zone district.
• Be eligible to donate a facade easement.

Do I have a building that may be eligible for local designation?
Determine whether your building has exceptional, unusual, or outstanding characteristics by meeting at least one criterion in at least two or three following categories:

1. History: Is it more than 30 years old or does it have extraordinary importance to the architectural or historical development of Denver, and

• Does it have direct association with the historical development of the city, state or nation? or
• Is it the site of a significant historical event? or
• Does it have direct and substantial association with a person or group of persons who had influence on society?

2. Architecture: Does it have design quality and integrity, and

• Does it embody distinguishing characteristics for an architectural style or type? or
• Is it a significant example of the work of a recognized architect or master builder? or
• Does it contain elements of architectural design, engineering, materials, craftsmanship, or artistic merit which represents a significant or influential innovation? or
• Does it portray the environment of a group of people or physical development of an area in an era of history characterized by a distinctive architectural style?

3. Geography

• Does it have a prominent location or is it an established, familiar, and orienting visual feature of the contemporary city? or
• Does it promote understanding and appreciation of the urban environment by means of distinctive physical characteristic or rarity? or
• Does it make a special contribution to Denver's distinctive character?

How do I obtain local designation?
The Denver Landmark Preservation Commission was established by City ordinance in 1967. The Commission identifies and designates properties of historic, architectural, and geographical importance to the City and County of Denver. Designation is a five-step process that generally takes 90 to 120 days from the time an application is submitted to the Commission.

Fill out an application: Obtain the application and instructions from The Denver Landmark Preservation Commission, 200 West 14th Avenue, Room 203, Denver, CO 80204, telephone (303) 640-2736.

The application asks for information about:

1. Building Information: Location, zoning district of building, and historic and present name and use.
2. Historical Data: Year of construction, architect or builder, and original owner.
3. Photographs: At least two 5" x 7" or larger photographs (not Polaroid) showing views of the property from the public right of ways and important features and details, and any historic photographs.
4. Significance: How the structure meets the landmark criteria.
5. Architecture: The context or surroundings of the structure, the structure itself, the alterations to the structure, and any extraordinary interior spaces
6. History: History of the structure and its association with important individuals, groups, events, or historical trends, and details about construction, including date, architect, builder and owner.
7. Resources: Sources used in completing the application.
8. Applicant's identification.

Submit the application: The original application, plus ten copies with a non-refundable application of $250 for an individual structure payable to Denver Manager of Revenue, must be submitted to the Landmark Preservation Commission. Fees for a district range from $500 to $1500, depending on the number of structures in a district. If the application is not submitted by the owner, the Commission notifies the owner and secures, if possible, the owner's written consent to designation. The Ordinance does not require owner consent to designation, but does require the views of the owner to be taken into consideration.

Attend a public meeting: After a preliminary review, which concludes that the structure is eligible for designation, the Commission mails a notice to all owners and sets a public hearing date and time 25 to 40 days from the date of notice. The Commission also notifies of the hearing by posting signs and publicizing in the newspaper. In the meantime, the Denver Planning Board reviews the proposed designation with respect to overall neighborhood and city planning goals, and recommends approval, rejection, or modification of the application. After this occurs, the applicant has the opportunity to present information about the historical, architectural, and geographical significance of the property to the Commission and the public at the public hearing.

Wait for the Commission decision: The Commission has 45 days to make recommendations to the Mayor and City Council to approve, approve with conditions, or reject the application. The Commission then has 15 days to transmit its recommendation to the City Council and the director of the building department or to terminate the designation procedure.

Attend another public hearing and wait for The City Council decision: The City Council designates a landmark by consideration of a proposed ordinance. At the discretion of the City Council, the second and final reading before the City Council is a public hearing at which any person can speak for or against designation. A landmark is officially designated once the ordinance is recorded. The Landmark Commission records the designation in the real property records of the clerk and recorder and notifies the Director of Building Inspection.

Do I have any responsibilities if I own a locally designated landmark structure or structure in a local Landmark District?
You must apply to the Landmark Commission if you plan any exterior alterations (repair, rehabilitation, reconstruction, new construction, and other work requiring a building permit). You do not need to apply if you plan only simple repairs, routine maintenance, landscaping, low fences and walls, and painting. You also are under no obligation to undertake rehabilitation or restoration.

The Commission will schedule a pre-review conference for applications for exterior alterations. Larger projects must have a preliminary review of the conceptual design before proceeding to review of the final design. The Commission can approve, approve with conditions, or deny an application.

If the Landmark Commission approves the proposed project, an application for a building permit can proceed.

You must also apply to demolish the structure. The Commission may approve without a public hearing an application if the structure does not contribute to a historic district, if an addition does not contribute historical significance to a structure or site, or if the demolition remedies a dangerous condition. If the demolition does not fit into these categories, a public hearing is held. If the application is denied, demolition of a designated structure (but not one in a designated district) can proceed after a 12-month period, provided a building permit for a replacement structure has been obtained. During the 12-month period, the applicant is urged to work with the Commission and other interested parties to develop an alternative. If a structure is located in a historic district, the applicant can obtain approval of demolition only if the applicant demonstrates economic hardship.