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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)
A. Maintenance of historic resources is important for property owners to maintain property values and for the cultural and aesthetic value to the community. Maintaining historic
and preserves the special sense of place that encourages tourism and further investment in historic areas.
B. All historic resources shall be preserved against decay and deterioration and kept in a state of good repair and free from certain structural defects. The purpose of this section is to prevent an owner or other
having legal custody and control over a property from facilitating the demolition of a historic resource by neglecting it or permitting damage to it by weather or vandalism.
C. Consistent with all other
and
codes requiring that
and
be kept in good repair, the owner or other
having legal custody and control over a property shall maintain such
or
in the same or better condition than that indicated in the most recently available inventory for the HPZ in which the property is located. The following defects shall be indicators of a need for repair:
1.
elements are in a condition that they may fall and injure members of the general public or damage other property;
2. Deteriorated or inadequate foundation;
3. Defective or deteriorated flooring;
4. Walls, partitions, or other vertical support members that split, lean, list, or buckle due to defective material or deterioration;
5. Ceilings, roofs, ceiling and roof support members, or other horizontal members that sag, split, or buckle due to defective materials or deterioration;
6. Fireplaces or chimneys that list, bulge, or settle due to defective material or deterioration;
7. Deteriorated, crumbling, or loose exterior plaster;
8. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors;
9. Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other protective covering; or,
10. Any fault, defect, or deterioration in the
that renders the same structurally unsafe or not properly watertight.
D. If the Tucson-Pima County Historical Commission has reason to believe that a property is being neglected and subject to damage from weather or vandalism, the Tucson-Pima County Historical Commission shall so advise
staff. Staff shall meet with the owner or other
having legal custody and control of the property and discuss ways to improve the condition of the property and shall assist those
with an economic hardship in obtaining financial resources to accomplish such
. If there is no subsequent attempt, or insufficient effort is made, to correct any noted conditions after such meeting by the owner or other such
having legal custody and control, the Tucson-Pima County Historical Commission may make a formal request that the
Official take action to require corrections of defects in the subject
or so that it is preserved in accordance with the purposes of this section. The
Official may also require the property owner to remedy any defect or deterioration that constitutes a threat to the public health, safety, and welfare in accordance with the authority vested in him by the adopted building codes and neighborhood preservation ordinances. Deterioration caused by deliberate neglect of maintenance or repairs are not considered valid grounds for the approval of a demolition permit application.
E. Vacant properties shall be maintained in a clean and orderly state.
(Am. Ord. 11127, 11/6/2013; Am. Ord. 11150, 3/18/2014)
A. Purpose
It is the purpose of this section to preserve
of historic or architectural significance, but it is recognized that all areas of significance cannot be identified, analyzed, and designated at one time. However, it is important to protect properties with potentially qualifying
from inappropriate demolitions until review and hearings can be completed for possible HPZ designation.
B. Applicability
The following process is established for the review of proposed demolitions of
that are located in areas of the
where the Mayor and Council have initiated the process of HPZ formation and imposed interim standards:
1. These procedures apply to any
or located within an area of an application for an HPZ between such time the Mayor and Council either initiate the establishment of an HPZ or enact an ordinance to apply these standards and the time action is taken on the application by the Mayor and Council, but for no more than one year.
2. The provisions of this section apply to all areas of the
under application for HPZ designation on the effective date of this ordinance and to all areas of the
for which applications for HPZ designation are initiated after the effective date of this ordinance.
3. An application for a demolition permit is exempt from these demolition review standards if the
Official makes a written determination, and the PDSD
concurs, that the
currently is an imminent hazard to the public safety, is structurally unsound, and should be demolished.
C. Review and Decision
Procedures for review of, and decisions on, applications for demolition permits shall be the same as those outlined in Section 5.8.10.D,
; Nonhistoric.
D. Temporary Stay of Demolition
In the event a demolition application is denied, no permit for demolition shall be issued unless a subsequent demolition approval has been requested and granted or until adoption of HPZ zoning for the property.
1. If the HPZ has not been placed on the property at the time of expiration of the temporary restraint on demolition, the PDSD
shall grant a demolition approval for the subject property.
2. At the time of HPZ adoption, the temporary restraint of demolition and any stays of demolition in effect shall expire. The PDSD
’s decision on demolition requests, at that time, is regulated by Section 5.8.10, Demolition Review Required. The demolition request shall be finalized in accordance with the procedures of that section.
(Am. Ord. 11150, 3/18/2014)
The Drachman School has existed since 1902 on a
comprising
5 through 12,
120, City of Tucson (Book 2, Maps and
, Page 4). The
is bounded by Seventh Avenue, Eighteenth
, Eighth Avenue (also known as Convent Avenue), and residential
on
3 and 4 on the northern portion of
120. The school use was established prior to current
standards, but the
is no longer used as a school. This overlay
recognizes the benefits to be realized from adaptive reuse of this property and portions of the existing
. Reflection of the historical elements of the school in the redevelopment of the
is also recognized as an important consideration. The purpose of this overlay
is to ensure the viability of
of the Drachman School
with housing for the elderly, as permitted within the existing R-3
, while ensuring that this use does not contribute to the deterioration of the living environment, the downgrading of property values, and the diminishment of the health, safety, and general welfare conditions of the
residential area.
The purpose of the Drachman School Overlay (DSO)
is to assure redevelopment of the
with a Residential Care Service facility for the elderly and to protect existing neighborhoods from negative impacts caused by the redevelopment of the historic school
and
through establishing use and
standards to maintain a scale that will be
with
residential
.
The provisions of the DSO
apply to the specifically mapped area bounded by Seventh Avenue, Eighteenth
, Eighth (or Convent) Avenue, and the southern boundaries of
3 and 4,
120, City of Tucson, as provided in the Figure 5.9-A below:
are permitted in accordance with Section 6.6, .
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