§ 150.066 OVERLAY DISTRICTS; HISTORIC DISTRICT.
   (A)   Purpose. 
      (1)   It is the purpose of the historic district to promote the preservation of the unique historical character of the municipality while encouraging the retention and rehabilitation of historic districts and individual historic sites or structures in the community. The result of this preservation and rehabilitation will be to provide for the educational, cultural, economic and general social benefits which will occur because of the Code while ensuring an orderly growth for the historic portions of the community.
      (2)   To achieve these objectives, the historic district zoning designation is to be superimposed over existing zoning classifications where there is a recognized group of historic structures. This zoning designation is not intended to modify or alter those land uses permitted by the existing, underlying zoning and should not be used to do so. This zone is, however, intended to encourage the preservation of historic districts and structures, to promote their use while retaining their original architectural style and character and to provide for their rehabilitation, if necessary.
      (3)   It is also the intent of this zone to ensure that proposals for new or remodeled structures which are to be located within designated historic districts are designed and constructed to harmonize with the existing historic structures in the immediate vicinity. Achievement of this objective will assist in the preservation of the historical character of the district while retaining the property values within the district. It will also provide for future development in the district. Finally, achieving this objective will promote an awareness of the unique historical character of the municipality for both its residents and visitors.
   (B)   Creation of historic district. Based on the information contained in Florence Townsite, A.T., the 1982 district nomination to the National Register of Historic Places, and other pertinent material on the history of the municipality which has been or will be prepared, the historic sites and structures of the municipality can be delineated. Based on the findings of these documents, a historic district may be proposed which will include all or a portion of these identified historic sites or structures.
      (1)   This proposed historic district may be initiated by the direct action of the Council or by the Commission. It may also be initiated by the application of not less than 75% of the owners of property in the proposed district or by the application of not less than 75% of the owners by area in the proposed
district. For purposes of this calculation of the number of owners of property within the proposed district and the amount of property which each owns, the most recent records of the County Assessor’s office shall be used. Also for this purpose, a single parcel of property held in joint or common tenancy shall be counted as one owner and only one of the owners shall have to sign the application for historic district zoning.
      (2)   In approving an application for historic district zoning, the Council shall follow the same procedures that are used in other zoning cases. Before initiating the formation of a historically zoned district, however, the Council and/or the Commission may seek the advice, assistance and participation of qualified groups or individuals interested in the preservation and rehabilitation of the historic sites and structures of the community.
   (C)   Definitions. For the purpose of this chapter, the following definitions shall apply unless the context indicates or requires a different meaning.
      BUILDING DETAILS. Those features of a structure’s design which relate it to a particular architectural period or style. These features may include arches, cornices, grill work, shutters, trim over doors and windows and other items.
      BUILDING FORM. The size, shape, scale and mass of a structure.
      BUILDING MATERIALS. The elements which make up the structure and which are appropriate to a particular architectural period or style, includes adobe, brick, wood, stucco, metal and other building materials.
      FACADE STYLE. The appearance of the building taking all of the design components (materials, form, details, proportion, projections and recessions, rhythm, roof type and other design elements) into consideration.
      HEIGHT. The vertical distance of a structure as measured between the highest part of the structure and the finished grade at the midpoint of the front facade of the structure, excluding chimneys or mechanical equipment.
      HISTORIC SITE or HISTORIC STRUCTURE. Those sites or structures which:
         (1)   Are documented as dating from a particularly significant period in the history of the municipality;
         (2)   Are associated with the lives of historically outstanding persons;
         (3)   Are associated with events or occurrences of significant historical importance;
         (4)   Are examples of the significant architectural periods in the development of the municipality. These periods (as identified in Florence Townsite, A.T.) include:
            (a)   The Sonoran Tradition (1866-1950);
            (b)   The Early Transitional Tradition (1871-1947);
            (c)   The Late Transitional Tradition (1878-1949);
            (d)   The American-Victorian Styles (1885-1922);
            (e)   The Bungalow Style (1908-1950);
            (f)   The Mission Revival Style (1912-1943);
            (g)   Early Twentieth Century Commercial and/or Neo-Classic Revival Style (1913- 1936);
            (h)   Spanish Colonial Revival Style (1916-1931); and
            (i)   Moderne Style (1920-1931).
         (5)   Are structures which have distinguishing characteristics of style, type of construction or other aspects of architecture and/or are the work of a builder, designer or architect of historical importance to a specific period;
         (6)   Are related to events, persons or styles of architecture which are at least 50 years old or are examples of outstanding importance which are less than 50 years old but which deserve individual recognition;
         (7)   Are related positively to the buildings and other physical features in the immediate vicinity in terms of proportion, scale and style such that they are an integral part of their setting; and
         (8)   Are used to contribute information of architectural, archaeological, historical, cultural or social importance as it relates to the unique character of the municipality.
      IMMEDIATE VICINITY. Those structures which are within 200 feet of the historic structure or which are clearly visible from the property lines of the lot on which the structure is placed.
      PREVAILING SETBACK. The most frequently found distance from the front facade of the structures in the immediate vicinity to the front property line. If this distance is less than the setback requirement of the existing underlying zoning, the underlying zoning requirement shall prevail. However, the Board of Adjustment shall be encouraged to grant variances to this requirement in the case of historic or aesthetic importance.
      PROJECTIONS and RECESSIONS. Those architectural features which break up the smooth plane formed by a facade of a structure, includes awnings, steps, entrances, overhangs, windows and other items.
      PROPORTION. The relationship between the height and width of a building’s facades, windows, doors and other architectural features.
      RHYTHM. The ordered pattern of alternating between solids and voids in a structure’s facades or in the other physical features of the historic district.
      ROOF TYPE. The design of the roof, including slope, size, material and configuration, which is appropriate to a particular architectural period or style.
      SITE UTILIZATION. The spacing between buildings within the immediate vicinity of the structure.
   (D)   Criteria. Prior to designating an area as a historic district and classifying it under this Development Code, the Council shall consider the following:
      (1)   A historic district shall include structures which meet the definition of HISTORIC STRUCTURES.
      (2)   A historic district shall consist of a group of historic sites or structures which contribute to an appreciation and knowledge of the unique architectural character of the municipality.
      (3)   A historic district should be easily distinguishable in character and appearance from other parts of the community.
      (4)   A historic district should be of a size and shape which make it a recognizable and comprehensive unit in appearance.
   (E)   Establishment and/or additions or deletions. Prior to the establishment of a historic district or prior to the amendment to an existing district, the Planning and Zoning Commission shall hold a public hearing to consider the request. Notice of this hearing shall be sent to the owners of all real property within the proposed historic district or in the area proposed for amendment. This notice shall contain a map of the proposed district or amendment area and a summary of these regulations. At this public hearing, the Planning and Zoning Commission shall:
      (1)   Review the procedure for initiating the proposal;
      (2)   Delineate the boundaries of the proposed historic district or amendment to an existing district;
      (3)   Receive comments about the proposal; and
      (4)   Make a recommendation to the Council concerning the proposal.
   (F)   Council action. Within 30 days of receiving this recommendation from the Planning and Zoning Commission, the Council shall:
      (1)   Designate a historic district or amend an existing district as proposed;
      (2)   Deny the initiative for establishment of a district or amendment to an existing district; and/or
      (3)   Return the matter to the Planning and Zoning Commission for another public hearing or further considerations.
   (G)   Designation. A historic district zone shall be designated by preceding the underlying zoning classification with the letters “HD”. This designation shall not alter the uses permitted by the underlying zoning.
   (H)   Retention of existing zoning. All property in the municipality which has been designated as lying within a historic district shall continue to be subject to the conditions of the zoning regulations which they were subject prior to the historic designation.
   (I)   Historic District Advisory Commission. The powers and duties of the Historic District Advisory Commission are outlined § 32.070.
   (J)   New construction or alterations to existing structures. The construction of new structures or the alterations of existing structures or any other activities within a historic district which require the issuance of a building permit shall comply with the following requirements in the preparation of these plans and details:
      (1)   Consistency with the Secretary of the interior’s standards for the treatment of historic properties (36 C.F.R. part 68, 7-12-1995).
      (2)   While no specific architectural style will be required for new construction within a historic district, the following criteria shall be used by the Historic District Advisory Commission and the Council in determining the compatibility of the request with existing structures in the immediate vicinity and in the district as a whole:
         (a)   Height;
         (b)   Setbacks, including prevailing setback;
         (c)   Proportion;
         (d)   Rhythm;
         (e)   Site utilization;
         (f)   Facade style;
         (g)   Roof type;
         (h)   Materials;
         (i)   Projections and recessions;
         (j)   Details; and
         (k)   Building form.
      (3)   Each of these criteria shall be reviewed by the Commission and the Council before they rule on the appropriateness of the proposed new construction in the historic district.
   (K)   Iterations.
      (1)   Iterations to a structure within a historic district shall comply with the following criteria and shall preserve the historical and architectural character that makes the structure of historic significance if architecturally and economically appropriate. These changes shall be in keeping with the Secretary of the interior’s standards for rehabilitation if economically feasible. The following criteria shall be used by the Historic District Advisory Commission and the Council in determining the compatibility of the request with the existing structure and with other structures in the immediate vicinity:
         (a)   Height;
         (b)   Setbacks, including prevailing setback;
         (c)   Proportion;
         (d)   Rhythm;
         (e)   Site utilization;
         (f)   Facade style;
         (g)   Roof type;
         (h)   Materials;
         (i)   Projections and recessions;
         (j)   Details; and
         (k)   Building form.
      (2)   Each of these criteria shall be reviewed by the Commission and the Council before they rule on the appropriateness of the proposed alterations to an existing structure within a historic district.
   (L)   Demolition of structures. The municipality shall not issue a demolition permit for any structure or part of a structure within a historic district until the application has been approved by either the Historic District Advisory Commission or upon appeal to the Council. In making this decision, the Commission and/or the Council shall consider the results of a cost and/or benefit analysis prepared by the applicant, as prescribed earlier in this division, as well as the plans for the property if the demolition permit is approved. Utilizing this information, the Commission and/or the Council shall determine if the structure or part of the structure may be preserved physically or economically.
      (1)   If the Commission and/or the Council find that the structure is in a condition that it is not economically or physically feasible to preserve it, and that taking into consideration the interests of the public and the interest of the property owner, they shall notify the Town Manager of their decision and a demolition permit shall be issued.
      (2)   If it is found that the structure can be preserved in terms of economic and physical feasibility, but the owner of the structure continues to want it demolished, the Historic District Advisory Commission shall have up to 180 days to attract a buyer for the property who will preserve it. At the end of this 180 days, if a buyer for the property has not been found, the Commission shall notify the Planning Director and a demolition permit shall be issued.
      (3)   Approval by either the Historic District Advisory Commission or the Council to the issuance of a demolition permit based on the regulations of this Development Code does not require the issuance of this permit if the municipality should find other reasons to deny the application under the provisions of this Development Code.
(Prior Code, Ch. 4, Art. III, § 4-67) (Ord. 432-06, passed 6-19-2006