Ordinance Development
Central City, Colorado
If design guidelines are to be more than just advisory, an historic preservation ordinance must be created that establishes enforcement mechanisms and procedures. As prepared and written by the Collaborative, the ordinance may be part of an amended zoning ordinance, or an entirely new historic preservation ordinance. The design guidelines review process defined by the ordinance is generally carried out by a commission formed for that purpose. The composition of the commission, its duties and procedures are outlined by the ordinance. The commission bases its review process on the design guidelines. Property owners, architects, developers, the commission, the state preservation office, and the general public will all know the criteria that will be used to evaluate a proposed project, thus enhancing objectivity. In addition to assisting objectivity, most legal challenges to historic preservation are based on “vagueness” and “arbitrary or capricious” rulings. The use of design guidelines in the evaluation process helps to eliminate such legal challenges. We have prepared Preservation Ordinances for a number of communities, mostly in Colorado.