Chapter 10 - § 10.4 • LOCAL ACTIVITIES

• Jurisdiction: Colorado

§ 10.4 • LOCAL ACTIVITIES

On the local level, historic preservation matters are generally regulated by the creation of historic districts or by land use regulations that focus on individual historic buildings or structures. The National Register of Historic Places provides a useful basis for designation of historic districts and landmarks by local governments. Historic preservation ordinances are often quite detailed, with specific guidelines on architectural design, exterior alterations, and paint colors. In addition, § 104(f) of the Uniform Building Code provides an exception from strict code compliance for historic buildings if: (1) the building is designated as having special historical significance; (2) any unsafe conditions are corrected; and (3) the restored building will be no more hazardous based on safety factors than the existing building.

Typically, a local historic preservation commission or architectural review board may be established to review proposed alterations or restorations to historic buildings or structures within a historic district. The commission reviews the plans and, if the plans conform to the local standards, a "certificate of appropriateness" or other similar approval will issue, so a building or demolition permit may then be granted.¹² Historic preservation ordinances have been recognized as serving a valid public purpose (i.e., aesthetics) under the police power when used to preserve properly designated national and local historic resources.

However, there are limits on the implementation of this permit authority. For example, in Gibbons v. Fairfield Historic District Commission,¹³ a 2008 Connecticut case, neighbors and the Historic District Commission appealed a trial court ruling in favor of the homeowner, who wanted to connect an existing outbuilding to his home. The commission's reason for denying Gibbon's application for a certificate of appropriateness was that connecting the outbuilding to the home would "not [be] in harmony with the existing neighborhood."¹⁴ The trial court ruled that the commission's reason for denial of the application was arbitrary because it bore "no relationship to the architectural or historic features of the other residences in the area."

The Connecticut Supreme Court affirmed the trial court's decision. The court stated that there was not substantial evidence in the record showing that the location of the outbuilding or the design of the outbuilding had any historical value in relation to...