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5.8.11.    MAINTENANCE
   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)
5.8.12.    PENDING HISTORIC PRESERVATION
   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)
5.9.   DRACHMAN SCHOOL OVERLAY (DSO)
5.9.1.   INTRODUCTION
   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.
5.9.2.   PURPOSE
   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 .
5.9.3.   ESTABLISHMENT
   A.   The DSO is a that provides for the establishment of distinct standards by Mayor and Council. The DSO may have standards different from the zoning standards applicable to other in the .
   B.   Where a provision in the DSO varies from the , the provisions in the DSO shall govern.
5.9.4.   APPLICABILITY
   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:
Figure 5.9-A: Drachman School Overlay (DSO)
5.9.5.   PERMITTED
   The DSO may be used for a Residential Care Service facility for the elderly, as provided in this section. All other uses permitted in the underlying are subject to the regulations and standards of the .
5.9.6.   ACCESSORY
    are permitted in accordance with Section 6.6, .
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