(A) Purpose and intent. The purpose and intent of this section is to promote the educational, cultural, economic and general welfare of the community and to ensure the harmonious growth and development of the municipality by encouraging the preservation of historic places and structures through the designation of sites and districts of historical significance. It is not intended that the designation of a site or a district as historic should modify uses permitted in existing zones, but rather, the designation of an historic site or an historic district be superimposed over existing zones to encourage the retention of early structures and objects in active use and in substantially their historic appearance, setting and placement. It is intended that the renovation of an historic site shall preserve its distinguishing historic qualities or character and that new structures erected within an historic district or the renovation of an existing structure within an historic district shall harmonize with the general character or ambiance of existing structures in the district in order to preserve the architectural heritage of the district and to promote the historical significance of the site or district among residents and visitors to the community.
('80 Code, App. A, § 114) (Ord. 583, passed 9-16-1952; Ord. 2125, passed 5-4-1983; Ord. O2009-54, passed 10-21-2009)
(B) Initiation of historic site or district.
(1) An historic site or an historic district may be created only by ordinance adopted after a public hearing is conducted by the Design and Historic Review Commission on the application for that designation. A direction of the Mayor and Council to the Commission for consideration of a building, structure, object or an area for that designation, or consideration of a building, structure or object or area for that designation on the Commission’s initiative, is an “application” subject to this subchapter.
(2) The Mayor and Council shall consider whether to designate by ordinance a building, structure or object as an historic site or an area as an historic district upon the recommendation of the Design and Historic Review Commission. The Commission shall consider either designation upon the direction of the Mayor and Council or upon the application of 35 or more adult residents of the city filed with the Community Development Department.
(3) A fee of $100 shall be required for the filing of an application for either designation. The form of the application shall be determined by the Commission and made available to the public at the Community Development Department office.
('80 Code, App. A, § 114) (Ord. 583, passed 9-16-1952; Ord. 2125, passed 5-4-1983; Ord. O2009-54, passed 10-21-2009)
(C) Historic district criteria.
(1) Seven or more properties, whether or not separated by a street, or total cumulative street frontage not less than 300 feet, but in no case fewer than four properties, shall be the minimum criteria for designation of an “historic district”.
(2) An “historic district” may be designated only by ordinance if:
(a) The area meets the criteria for historic districts adopted or hereafter adopted by the State of Arizona through the state historic preservation office, or substantially meets the criteria for the listing of districts to the National Register of Historic Places adopted or hereafter adopted by the United States Secretary of the Interior, copies of which shall be on file with the City Clerk and the Community Development Department and made available there for public inspection;
(b) The area possesses a significant concentration, linkage or continuity of sites, buildings, structures or objects which are united by past events of 50 or more years ago, or aesthetically by plan or physical development of 50 or more years ago; and
(c) The area is worthy of preservation and protection for aesthetic interest or value, educational potential or significance in the history of the city.
('80 Code, App. A, § 114) (Ord. 583, passed 9-16-1952; Ord. 2125, passed 5-4-1983; Ord. O2009-54, passed 10-21-2009)
(D) Historic site criteria. A building, structure or object within or without an historic district in the city may be designated as an “historic site” only by ordinance (see § 154-03.09) if:
(1) It meets the criteria for historic sites adopted or hereafter adopted by the State or Arizona through the State Historic Preservation Office, or it substantially meets the criteria to qualify for individual listing in the National Register of Historic Places adopted or hereafter adopted by the United States Secretary of the Interior, copies of which shall be on file with the City Clerk and the Community Development Department and made available there for public inspection; or
(2) Any part of it is 50 or more years old and it:
(a) Exemplifies or reflects special elements of the city’s cultural, social, economic, political, aesthetic, engineering or architectural past;
(b) Embodies distinguishing characteristics of a style, period, method of construction or development in the city or serves as a valuable example of the use of indigenous materials or craftsmanship;
(c) Represents the notable work of a master builder, designer or architect;
(d) Represents a rare building type, style, design or indigenous building form; or
(e) Is identifiable with a person or event significant in local, state or national history.
('80 Code, App. A, § 114) (Ord. 583, passed 9-16-1952; Ord. 2125, passed 5-4-1983)
(E) Building and demolition permits for historic sites and structures within historic districts.
(1) No structure shall be erected within an historic district nor upon an historic site, nor shall any part of an historic site nor any structure within an historic district be demolished and removed, or its exterior renovated or changed in any manner except as permitted by this subchapter. However, nothing in this subchapter shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of an historic site or of a structure within an historic district that does not involve a change in its design, material, color or other appearance.
(2) The city and all property owners or possessors of property, without exception, desiring to construct, renovate, demolish, remove or otherwise make any changes to the exterior of an historic site or of any structure within an historic district shall apply to the Community Development Department for all permits.
(3) In addition to the forms, plans and fees as may be required for a building permit for a structure outside an historic district, any application to construct, renovate, demolish, remove or otherwise to make any changes to the exterior of an historic site or of any structure within a district shall include photographs, plans, descriptions, dimensions, drawings, sketches or other information sufficient to allow meaningful review and determination of the ultimate appearance and the impact of the proposed project. Professional quality plans, renderings or materials shall not be required.
(4) Following determination by the Community Development Department that an application meets the requirements of the building or other applicable code for issuance of a permit outside an historic district or of the code as modified for historic districts or sites, the Community Development Department shall schedule the project for consideration with the Design and Historic Review Commission. The Commission shall consider the application at a public meeting to be held within 14 days of its receipt by the Chairperson.
(5) Written notice of the meeting shall be delivered or mailed by the Community Development Department Liaison no less than seven days before the meeting. The Commission shall establish rules and procedures governing notice to owners of record of adjacent surrounding properties.
(6) At the meeting the Commission shall review the application and the additional materials submitted with it and discuss the project with the applicant and any others attending to determine whether the project is appropriate and in keeping with the historic character of the site and/or district.
(7) In determining whether to approve an application, the Commission shall follow the United States Secretary of the Interior’s Standards for Rehabilitation, appearing in C.F.R. Part 67, § 36. The Commission may also formulate additional standards and guidelines not inconsistent with those of the Secretary of the Interior. Copies of these standards and guidelines shall be on file with the City Clerk and the Community Development Department and made available there for public inspection.
(8) The Commission shall take action by approving or denying the application, at a Design and Historic Review Commission public meeting held for that purpose. The Commission shall specify the reason(s) for approval or denial. The Community Development Department shall transmit a copy of the decision, by mail, to the applicant. Failure of the Commission to meet and make a decision on any application submitted within 60 days of receipt of the application by the Community Development Department shall constitute approval of the application unless the applicant consents in writing to an extension.
(9) When the Commission approves an application, a permit for the project shall be issued, subject to compliance with plan check comments from all other city departments. In the event an application is denied by the Commission, no permit shall be issued for the project.
(10) Except for a decision denying an application for demolition or removal, the decision of the Commission shall be final and conclusive.
(11) A decision of the Commission denying an application for demolition or removal of a building, structure or object shall delay issuance of the permit for 120 days after the effective date of the decision. During that 120-day period, the Commission shall endeavor to convince the applicant to preserve the building, structure or object, or the Commission shall try to find someone to purchase it for a price and upon terms agreeable to the applicant, and the buyer must also agree to preserve it for at least five years, if, within the 120-day period, the Commission is unable either to so convince the applicant or to find such a buyer, the permit shall be issued at the request of the applicant at any time, 121 days or more after the effective date of the decision.
('80 Code, App. A, § 114) (Ord. 583, passed 9-16-1952; Ord. 2125, passed 5-4-1983; Ord. O2009-54, passed 10-21-2009) Penalty, see § 154-999
(F) Public safety exceptions. Nothing in this section shall prevent the construction, reconstruction, alteration, restoration or demolition of any such feature which the building safety official shall certify is required by the public safety because of an unsafe or dangerous condition.
('80 Code, App. A, § 114) (Ord. 583, passed 9-16-1952; Ord. 2125, passed 5-4-1983)
(G) Conflicting regulations. Where the provisions of this section are in conflict with another section of the zoning code, the provisions of this section shall govern.
('80 Code, App. A, § 114) (Ord. 583, passed 9-16-1952; Ord. 2125, passed 5-4-1983; Ord. O97-45, passed 7-2-1997; Ord. O2010-32, passed 7-7-2010)