21-6-13.1: PURPOSE:

   A.   The purpose of this section 21-6-13 is to provide procedures for the review of a Certificate of No Effect, Certificate of Appropriateness, and Certificate for Economic Hardship for property zoned with the Historic Preservation Overlay. (Res. 24-1600, 10-14-2024)

21-6-13.2: APPLICATION PROCESS:

   A.   Pre-Application Conference: Prior to the submission of an application for a Certificate of No Effect, Certificate of Appropriateness, or Certificate for Economic Hardship, all applicants are required to schedule a meeting with the Zoning Administrator, as set forth in section 21-6-2.1, "Pre-Application Meeting", of this article.

   B.   Application Submittal: A complete application for a Certificate of No Effect, Certificate of Appropriateness, and Certificate for Economic Hardship approval shall be submitted to the Zoning Administrator as required by Section 21-6-2.2 Application Submittal (Administrative Completeness Review) of this Article, and Section 21-6-13.2 Required Application Information. (Res. 24-1600, 10-14-2024)

21-6-13.3: REQUIRED APPLICATION INFORMATION:

   A.   Application Information for a Certificate of No Effect, Certificate of Appropriateness, Certificate of Hardship:

      1.   Contents of Application: Prior to the commencement of any work for modifications, the owner shall file an application for a Certificate of No Effect, Certificate of Appropriateness, or Certificate of Hardship to the Zoning Administrator and obtain the appropriate approvals and issuance of the appropriate Certificate. The application shall contain:

         a.   Name, address, and telephone number of the applicant;

         b.   Location and photographs of the property;

         c.   Site Plan drawings of proposed changes, if available;

         d.   Elevation drawings of proposed changes, if available;

         e.   Perspective drawings, including relationship to adjacent properties, if available;

         f.   Where the proposal includes signs with lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination, and a plan showing the sign's location on the property; and

         g.   Any other information that the Community Development Director may deem necessary in order to visualize the proposed work or justify the proposed hardship. (Res. 24-1600, 10-14-2024)

21-6-13.4: BUILDING AND DEMOLITION PERMITS:

   A.   No building or demolition permit shall be issued for any proposed work until the associated Certificate of No Effect, Certificate of Appropriateness, or Certificate of Hardship has been issued. The Certificate of No Effect, Certificate of Appropriateness, and Certificate of Economic Hardship is in addition to, and not in lieu of, any building or demolition permit that may be required by Chapter 5 Buildings of the Eloy Code. (Res. 24-1600, 10-14-2024)

21-6-13.5: CRITERIA AND DECISION FOR CERTIFICATE OF NO EFFECT:

   A.   The Community Development Director may approve an application and issue a Certificate of No Effect if:

      1.   It is determined the proposed modification is minor and clearly within the context of the adopted Historic Preservation Plan;

      2.   The property owner, or the owner authorized agent, agrees to modifications to the proposed work that are necessary for compliance with the Historic Preservation Plan; and

      3.   The proposed modification will not diminish, eliminate, or adversely affect the Landmark or District of the subject property; or

      4.   The proposed modification is in an area of the proposed property that is not covered by the Historic Preservation Plan, and the Community Development Director determines the proposed work will not diminish, eliminate, or adversely affect the Landmark or the District.

   B.   An application that does not comply with the criteria for a Certificate of No Effect shall be sent to the Planning and Zoning Commission for a decision on a Certificate of Appropriateness for the proposed modifications. The Community Development Director may require additional information to be provided for the Planning and Zoning Commission to review the request as a Certificate of Appropriateness. (Res. 24-1600, 10-14-2024)

21-6-13.6: CRITERIA AND DECISION FOR CERTIFICATE OF APPROPRIATENESS:

   A.   The Planning and Zoning Commission may approve an application and issue a Certificate of Appropriateness for modifications to a Landmark or Historic District upon finding that the criteria have been met.

   B.   Criteria for a Certificate of Appropriateness to make modifications to a Landmark or a property within a Historic District:

      1.   The proposed alterations are consistent with the applicable Historic Preservation Plan;

      2.   The proposed alterations to a Landmark or contributing property of a Historic District shall be compatible with its historic character, and the historic features altered as little as possible; and

      3.   The proposed alterations or additions are consistent with the applicable Standards and Guidelines of Section 21-6-13.7.

   C.   Addition Criteria for Property Within a Historic District:

      1.   Alterations of non-contributing properties within a historic district shall be compatible with the Historic District. (Res. 24-1600, 10-14-2024)

21-6-13.7: COMPATIBILITY CONSIDERATION:

   A.   In applying the principle of compatibility, the Planning and Zoning Commission shall consider the following:

      1.   The general design character and appropriateness to the property of the proposed alteration or new construction;

      2.   The scale of proposed alteration or new construction in relation to the property itself, surrounding properties, and the neighborhood;

      3.   Texture, materials, color, and their relation to similar features of other properties in the neighborhood;

      4.   Visual compatibility with surrounding properties, including the proportion of the property's front facade, proportion and arrangement of windows and other openings with the facade, roof shape, and the rhythm of spacing of properties on streets, including setback; and

      5.   The importance of historic, architectural, or other features to the significance of the property. (Res. 24-1600, 10-14-2024)

21-6-13.8: STANDARDS AND GUIDELINES:

   A.   The following standards and guidelines shall be used in the review and decisions pertaining to cultural resource studies and Certificate of Appropriateness:

      1.   Archeology and Historic Preservation: Secretary of the Interior's Standards and Guidelines as currently amended and annotated by the National Park Service.

      2.   The Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings.

      3.   Guidelines and preservation briefs and other similar best practice documents published by the National Park Service. (Res. 24-1600, 10-14-2024)

21-6-13.9: EXPIRATION OF A CERTIFICATE OF NO EFFECT AND CERTIFICATE OF APPROPRIATENESS:

   A.   The approval of a Certificate of Appropriateness and a Certificate of No Effect shall expire two (2) years from the date of issuance, unless the related construction work has begun. If work has begun and it has been over two years, the Certificate of No Effect shall expire when the Building Permit(s) has expired, or if a Building Permit is not required, there has not been any documented construction activity within one hundred eighty-two (182) days and the work has not been completed. (Res. 24-1600, 10-14-2024)