A. Historic District Zone.
1. Scope.
a. No permit shall be issued by the building official for demolition of all or any significant part of a structure or building which has been designated as historic before approval by the planning and zoning commission.
b. In making its decision, the commission shall determine if the applicant has shown that the preservation of the structure is physically and/or economically unfeasible.
2. Planning and Zoning Commission Action.
a. If preservation is found to be physically and/or economically unfeasible, it shall notify the zoning inspector that the issuance of the demolition permit is approved by the commission. The site may be left vacant or a new building constructed in accordance with the provisions set forth in Section 18.63.070(B) and (C).
b. If the preservation of the structure is found to be feasible, the commission shall notify persons or groups interested in historic preservation who may either attempt to convince the owner to preserve the building or structure or, if the owner does not agree, to attempt to have the property purchased by someone who will agree to preserve the building or structure in accordance with the provisions of this chapter.
c. If the owner is not convinced to retain the building or structure and does not make an agreement to that effect and no one has agreed to purchase it within one hundred eighty days after public notification of the application for a demolition permit, the commission shall notify the building official that the issuance of a permit to demolish the building or structure is approved and the provisions set forth in Section 18.63.070(B) and (C) shall apply.
3. Authority of the Building Official. Approval by the planning and zoning commission of the issuance of a permit does not mandate the granting of a permit by the building official if the official should find reasons and deny it under other provisions of the county building code (Title 15).
B. Historic Landmark Zone. Demolition of buildings, structures, or objects, man-made landscapes or space.
1. Demolition. An application for demolition on site may be initiated by the owners of the property and submitted to the development services department, and shall comply with the provisions of this subsection. Applications shall not be considered on property denied a demolition request by the board of supervisors within the previous thirty-six months.
2. Criteria. The intent of this section is to preserve the historic and architectural resources within a historic landmark zone in their original appearance, setting, and placement. Demolition of a historic landmark can cause an irreplaceable loss to the quality and character of Pima County. However, it is recognized that there can be circumstances beyond the control of a property owner that may result in the necessary demolition of a structure within a historic landmark zone.
The applicant shall submit evidence meeting one or more of the following criteria:
a. The structure or site is of no historic or architectural value or significance and does not contribute to the historic value of the property;
b. Loss of the structure would not adversely affect the integrity of the historic landmark zone;
c. The owner will not have a reasonable economic use of the property if a demolition permit is not approved;
d. Preservation is physically and/or economically unfeasible;
e. Reasonable measures cannot be taken to save the site, building, structure, object, man-made landscape, or space in their original setting from further deterioration, collapse, arson, vandalism, or neglect; and
f. Adequate discussion regarding alternatives to demolition has occurred. If potential parties of interest in the historical preservation community such as the Tucson/Pima County Historical Commission have been contacted and incorporated into the discussion of alternatives.
3. Preliminary Review. Prior to submittal, the applicant shall obtain a recommendation from a plans review subcommittee of a historical commission which shall be submitted with their application. The applicant may consult with the staff of the development services department and the office of sustainability and conservation — cultural resources and historic preservation Division concerning submittal requirements.
4. Submittal Requirements. The director, or a designated representative, of the cultural resources and historic preservation division of the pima county office of sustainability and conservation shall determine the required evidence for a complete demolition submittal. Evidence may include and be submitted in the form of: Most recent assessed values and appraisals of the land and improvements; title/title acquisitions; real estate taxes for the previous two years; any annual debt service documentation for the previous two years; sale or rent listings; any consideration by the owner as to profitable adaptive uses for the property; rehabilitation cost estimates; annual gross income from the property for the previous two years; itemized operating and maintenance expenses for the previous two years; annual cash flow for the previous two years; proof of effort toward attaining a reasonable return; and other applicable materials.
5. Public notice, Planning and Zoning Commission and Board of Supervisors Hearings. Upon submittal of a complete request, staff shall schedule the request for public hearing by the Planning and Zoning Commission and by the Board of Supervisors consistent with Sections 18.91.060(B) and (C), 18.91.070, and 18.91.080 as applicable. A review and recommendation statement from the site plans review subcommittee of a historical commission and a review and recommendation statement from the cultural resources and historic preservation division of the Pima County office of sustainability and conservation and development services department shall be transmitted to the planning and zoning commission and board of supervisors.
6. Staff Report. The development services department shall coordinate with the cultural resources and historic preservation division of the Pima County office of sustainability and conservation to provide a written review, analysis, and recommendation on a requested demolition on the historic landmark zone property based on the criteria established in this chapter.
(Ord. 2018-9 § 2 (part), 2018: Ord. 1985-82 (part), 1985)