5.8.10.  DEMOLITION REVIEW REQUIRED
   It is the intent of this section to preserve the historic and architectural resources within the HPZ and the Rio Nuevo District (RND) in their original appearance, setting, and placement. Demolition of a historic property can cause an irreplaceable loss to the quality and character of the City of Tucson. 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 within the HPZ or RND. These circumstances include a that constitutes an imminent safety hazard, involves a resource whose loss does not diminish or adversely affect the integrity of the HPZ, or prevents a reasonable economic use of the property. A proposed is not considered in the analysis of reasonable economic use.
   No demolition permit shall be issued by the for demolition or relocation of all or any part of a , , sign, or that would affect its exterior appearance within the HPZ before review and approval occurs. Review is required under the following procedures.
   A.   Emergency Demolition
   If the Official determines a to be an imminent hazard to public safety and repairs would be impractical, emergency demolition procedures are conducted in accordance with Chapter 16-66, Historic , of the Tucson Code.
   B.    and Noncontributing, Nonhistoric Structures
   For designated as or noncontributing, nonhistoric properties in HPZs, the PDSD shall consult with the appropriate HPZ Advisory Board and the Tucson-Pima County Historical Commission Plans Review Subcommittee to ensure that the is properly classified at the time of the request for demolition. If the is an or noncontributing, nonhistoric, no further review shall be required. If the PDSD determines that the has not been properly designated, the PDSD may delay the issuance of the permit until the proper designation is determined by the Zoning Administrator or may proceed with the appropriate review process as if the designation had been changed.
   C.   Independent Portions of
   A request may be made for the demolition of a portion of a if the demolition will not adversely affect the historical character of the property. For portions that may be independently designated as or noncontributing, nonhistoric elements, the PDSD shall consult with the HPZ Advisory Board or the Tucson-Pima County Historical Commission Plans Review Subcommittee to ensure that the portion of the has been properly classified and that demolition will not have any adverse impact on the contributing or historic character of the property. If the portion of a is designated under this section as an or nonhistoric element, no further review is required. At least four prior to issuance of a demolition permit, the PDSD shall notify the applicant, the appropriate HPZ Advisory Board and the Tucson-Pima County Historical Commission Plans Review Subcommittee of the decision. A decision by the PDSD may be appealed by the HPZ Advisory Board or the Tucson-Pima County Historical Commission Plans Review Subcommittee to the Zoning Examiner within three of the effective date of the decision.
   D.    , Nonhistoric
   Review by staff, the applicable HPZ Advisory Board, and the Tucson-Pima County Historical Commission is required before a decision is made by the PDSD . The procedure for review shall be in accordance with Section 3.3.4, 100' Notice Procedure. The appropriate HPZ Advisory Board and the Tucson-Pima County Historical Commission Plans Review Subcommittee are parties of record for the purpose of determining notice and the right to appeal the decision. The standards used to make this decision are as follows:
      1.   The or is of no historic or architectural value or significance and does not contribute to the historic value of the property;
      2.   Loss of the would not adversely affect the integrity of the HPZ or the historic, architectural, or aesthetic relationship to properties, and its demolition would be inconsequential to the historic preservation needs of the area;
      3.   Whether there are definite plans for reuse of the property if the proposed demolition is carried out and what effect such plans will have on the architectural, cultural, historic, archaeological, social, aesthetic, or environmental character of the surrounding area as well as the economic impact of the new ; and,
      4.   Whether reasonable measures can be taken to save the , object, , , or cluster from further deterioration, collapse, arson, vandalism, or neglect.
   E.   Historic and
   Approval for the demolition of , demolition of on Contributing Historic Properties in HPZs, and demolition of listed in the National Register of Historic Places or the Arizona Register of Historic Places in the Rio Nuevo District (RND) is determined by the Mayor and Council. The criterion used to make this decision is that the owner of the would be subject to reasonable economic use if the were not demolished. The procedure for approval is required below.
      1.   Application
      Submittal of an application shall be in accordance with the applicable provisions of Section 2-06.0.0, Package, in the Administrative Manual.
      2.   Reasonable Economic Use
      When reasonable economic use of the property is prevented due to the effect of this ordinance, the owner has to prove that reasonable use of the property cannot be made. The public benefits obtained from retaining the historic resource are analyzed and duly considered by the PDSD , the applicable HPZ Advisory Board, and the Tucson-Pima County Historical Commission Plans Review Subcommittee. The owner shall submit the following information by affidavit to the PDSD for transmittal to the review bodies for evaluation and recommendation:
         a.   Except as provided in Section 5.8.10.E.2.a(10), for all property:
            (1)   The assessed value of the land and thereon according to the two most recent assessments;
            (2)   Real estate taxes for the previous two years;
            (3)   The date of purchase of the property or other means of acquisition of title, such as by gift or inheritance;
            (4)   Annual debt service, if any, for the previous two years;
            (5)   All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing, ensuring, or ownership of property;
            (6)   Any listing of the property for sale or rent, price asked, and offers received, if any;
            (7)   Any consideration by the owner as to profitable adaptive uses for the property;
            (8)   The current fair market value of the property as determined by at least two independent appraisals; and,
            (9)   An estimate of rehabilitation cost to restore the to active use.
            (10)   Exceptions. When a property owner is financially unable to meet the standards set forth in this subsection, the PDSD may waive some or all of the standards and/or request substitute information that a property owner may obtain without incurring any costs. An applicant may request a waiver of one or more of the submittal requirements based on the specific nature of the case. The PDSD , who may consult with the Tucson-Pima County Historical Commission, shall make a determination on the waiver request. If a determination cannot be made based on information submitted and an appraisal has not been provided, the PDSD shall request that an appraisal be made by the .
         b.   In addition to the requirements in Section 5.8.10.E.2.a, owners of income-producing property shall submit the following:
            (1)   Annual gross income from the property for the previous two years;
            (2)   Itemized operating and maintenance expenses for the previous two years, including proof that adequate and competent management procedures were followed;
            (3)   Annual cash flow, if any, for the previous two years; and,
            (4)   Proof that efforts have been made by the owner to obtain a reasonable return on investment based on previous service.
      3.   Negotiations Prior to Decisions on Demolition Applications
         a.   The application is scheduled for a public hearing with the Mayor and Council no sooner than 90 from the date the application is accepted. During this time period, staff shall discuss the proposed demolition with the property owner and other officials to see if an alternative to demolition can be found before a formal consideration of the application by the Mayor and Council. The PDSD shall analyze alternatives to demolition and request, from other departments or agencies, information necessary for this analysis.
         b.   If within this 90 day period either one of the following two events occurs, the Mayor and Council may defer hearing the application for six months, and it is considered to have been withdrawn by the applicant during such six-month period:
            (1)   The owner enters into a binding contract for the sale of the property; or,
            (2)   The City of Tucson acquires the property by available legal process for rehabilitation or reuse by the or other disposition with appropriate preservation restrictions.
         c.   If within the 90-day period neither of the two events summarized above occurs, a public hearing with the Mayor and Council on the demolition application shall be scheduled on the next available agenda.
      4.   Review of Application
      The Tucson-Pima County Historical Commission and the HPZ Advisory Board review demolition applications. Within five after acceptance of the application, staff transmits one copy of the accepted to the appropriate HPZ Advisory Board and one copy to the Tucson-Pima County Historical Commission Plans Review Subcommittee for review and recommendation. The HPZ Advisory Board may forward a recommendation to the Tucson-Pima County Historical Commission and the PDSD within 22 after acceptance of the application. The Tucson-Pima County Historical Commission shall forward a recommendation to the PDSD and the HPZ Advisory Board within 31 after acceptance of the application.
      5.   Recommendations
      The recommendations of the PDSD , the Tucson-Pima County Historical Commission, and the appropriate HPZ Advisory Board shall be forwarded to the Mayor and Council for consideration.
      6.   Mayor and Council Public Hearing
      The Mayor and Council consider the application in a public hearing. Mailed notice and published notice shall be provided not less than 15 prior to the public hearing. Notice shall be mailed to property owners within 400 feet of the , within one mile of the , the applicable HPZ Advisory Board, and the Tucson-Pima County Historical Commission.
      7.   Mayor and Council Decision
      The Mayor and Council decide whether to approve an application to demolish a or historic . To approve the application, the Mayor and Council shall find that the owner will not have a reasonable economic use of the property if a demolition permit is not approved. An approval is subject to the following:
         a.   The applicant shall seek approval of replacement plans prior to receiving a demolition permit and all other necessary permits. Replacement plans for this purpose shall include, but shall not be restricted to, concept, preliminary elevations, , and dimensional schematic design drawings that are reviewed in accordance with Section 3.3.3, PDSD Approval Procedure;
         b.   A demolition permit shall be issued concurrently with the permit for replacement following submittal by the applicant of proof of financial ability to complete the replacement ;
         c.   A decision on a demolition application shall result in the administrative closure of the case file by staff. A decision on a demolition application applies to the property; and,
         d.   Reapplication for demolition permits for a that was previously denied for demolition cannot be submitted to the for three years from the date of the Mayor and Council decision. A change in property ownership is not considered a basis for reapplication. Substantially new conditions, as determined by the PDSD in consultation with the HPZ Advisory Board and the Tucson-Pima County Historical Commission, is a basis for earlier reapplication.
      8.   Provisions for Vacant and Areas After Demolition
         a.   When a , sign, , or is demolished and the area left vacant, the area shall be maintained in a clean and inoffensive manner.
         b.   When a is demolished and the area is converted to another use not requiring , such as a , the area shall be buffered by and walls or fences that comply with Section 7.6, and Screening, and generally conform to the character of the other and located within its . The required as part of the review procedure shall indicate how the and screening will be accomplished.
      9.   Penalties and Remedies for Unauthorized Demolition; Notice of Entry of Judgment
      In addition to the general remedies authorized by Sections 10.4.1 through 10.4.3, any property owner, individual, company, or , as defined in Tucson Code Section 1-2(16), who causes a , , or located within a HPZ to be demolished, without following procedures as established in this section, are subject to the following:
         a.   A mandatory fine of:
            (1)   Not less than $250 nor more than $1,000 per for demolition of an that is a , or not less than $1,500 nor more than $2,500 per for demolition of a principal or that is a ; or,
            (2)   Not less than $2,000 nor more than $2,500 per for demolition of a or .
         b.   In addition to any fine imposed in accordance with Section 5.8.10.E.9.a, the PDSD shall, upon finalization of judgment:
            (1)   Issue a formal complaint with the Arizona State Registrar of Contractors against any contractor or company involved with an unauthorized demolition; and,
            (2)   Issue a formal notification of the to the State Historic Preservation Office regarding the unauthorized demolition of any , , or .
         c.   In addition to any fine imposed in accordance with Section 5.8.10.E.9.a, one of the following shall be imposed as a penalty or remedy:
            (1)   Reconstruction or restoration of a or a to its appearance prior to the ;
            (2)   Prohibition or restriction of permits for new construction on the for not more than seven years, but not less than 30 , for a or two years for a or and prohibition or restriction of permits involving work in the public for not more than seven years, but not less than 30 , for a or two years for a or ; or,
            (3)   Upon finalization of judgment setting forth a remedy as provided in Sections 5.8.10.E.9.a and .b, the PDSD or designate shall file the judgment in the office of the Pima County Recorder and Assessor’s Office.
         d.   The following factors are considered when imposing any penalty or remedy in accordance with Section 5.8.10.E.9.c(1) and (2):
            (1)   Whether the , , or is one of the last remaining examples of its kind in the neighborhood, , or region;
            (2)   Whether there exists sufficient documentation, plans, or other data so as to make reconstruction feasible;
            (3)   The age of the original , , or and all subsequent additions and modifications;
            (4)   The physical condition of the , , or immediately prior to its total or partial demolition;
            (5)   The amount of demolition sustained by the , , or ;
            (6)   Whether or not, had total or partial demolition occurred, the , , or could have been put into a reasonable economic use either prior to or after rehabilitation;
            (7)   Whether the , , or was eligible for inclusion on the National Register of Historic Places immediately prior to its total or partial demolition;
            (8)   Whether the , , or is included on the National Register of Historic Places; or,
            (9)   Whether the responsible has a legal or equitable interest in the , , or .
(Am. Ord. 11150, 3/18/2014; Am. Ord. 11732, 2/19/2020)