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Historic Preservation Ordinance - Definitions

Sec. 3.100. GENERAL

Archaeological resources means any material remains of past human life or activities which are at least fifty (50) years old and of historic or pre-historic significance. Such materials include, but are not limited to petroglyphs, pictographs, paintings, ornaments, jewelry, textiles, ceremonial objects, armaments, vessels, ships, vehicles, human skeletal remains, rock art, pottery, basketry, bottles, weapons, weapon projectiles, tools, structures or portions of structures, water-control devices, pit houses, rock paintings, rock carvings, intaglios, graves, personal items and clothing, household or business refuse, printed matter, manufactured items, or any piece of any of the forgoing items.

Archaeological Site means a concentration of archaeological resources inferred to be locations used for past specific human activities.

Archaeological Site, Recorded, means an archaeological site in Arizona that has been identified by a qualified archaeologist and has been recorded in a database at the Arizona State Museum and/or the State Historic Preservation Office (SHPO) so that the location is mapped and documentation on the archaeological resources found at the location or collected from the location is available for research use.

Archaeological Site, Significant, shall mean archaeological resources determined by the Historic Preservation Officer, Historic Preservation Commission, or a Committee of the Commission, to be significant in the City of Scottsdale when one or more of the city’s nine criteria for significance are contained in the archaeological resources on a property, or designated HP District by City Council.

Archaeologist, City, shall mean the Qualified Archaeologist appointed by the City Manager, or designee, to administer the sections of the zoning ordinance of the City of Scottsdale relating to archaeological resources.

Archaeologist, Qualified, shall mean an individual or firm meeting the Arizona State Museum’s standards and professional qualifications.

Building Official shall mean the person, or his designee, authorized to grant permits for construction, alteration, and demolition pursuant to the Construction Code adopted by the City of Scottsdale.

Certificate of Appropriateness shall mean an official form issued by the City stating that the proposed work on an historic or archaeological resource is compatible with the historic or archaeological character of the property and, therefore: (1) the proposed work may be completed as specified in the Certificate; and (2) the City’s departments may issue any permits needed to do the work specified in the Certificate.

Certificate of No Effect shall mean an official form issued by the City stating that proposed work on an historic or archaeological resource will have no detrimental effect on the historic character of the resource and, therefore, may proceed as specified in the Certificate without obtaining further authorization under this ordinance, and authorizing the issuance of any permits for said proposed work.

Certificate of Demolition Approval shall mean an official form issued by the City authorizing removal of all or part of a structure which is located within an Historic Property District or an area under application for Historic Property District designation.

Certificate of Economic Hardship shall mean an official form issued by the City, in connection with a Certificate of Demolition Approval, demonstrating that a reasonable rate of return cannot be obtained for an income producing property or that no beneficial use exists for a non-income producing property.

Construction Code shall mean those codes adopted by the City, including the building code, electrical code, mechanical code, and plumbing code codified in chapter 31 of the Scottsdale Revised Code, which regulate construction in the city and require building permits, electrical permits, plumbing permits and/or other permits to do work regulated by the City of Scottsdale.

Demolish shall mean any act or process which removes a building or other structure or any portion thereof.

Demolition Permit shall mean a permit issued by the Building Official allowing the permittee to demolish a building or structure.

Development Agreement shall mean an agreement made pursuant to A.R.S. 9-500.05.

HP or Historic Property District shall mean an historic resource subject to HP (Historic Property) zoning overlay zoning.

Historic Designation Report shall mean the written and visual information compiled to demonstrate how and why a Scottsdale resource may be eligible to be placed on the Scottsdale Historic Register and zoned HP District.

Historic Preservation Commission shall mean the Historic Preservation Commission appointed by the Scottsdale City Council for the City of Scottsdale.

Historic Preservation Officer shall mean the person appointed by the City Manager to administer the Historic Preservation Program and maintain the Scottsdale Historic Register.

Historic Preservation Plan shall mean a plan for the preservation of historic resources and landmarks on the Scottsdale Historic Register.

Minor work shall mean any change, modification, restoration, rehabilitation, or renovation of the features of an historic resource that does not materially change the historic characteristics of the property and is consistent with the Historic Preservation Plan for the historic resource.

Mitigation Plan means a plan for the recovery or protection of discovered archaeological resources.

Move shall mean any relocation of a building or structure on its site or to another site.

Owner shall mean those individuals, partnerships, corporations, or public agencies holding fee simple title to property, as shown on the records of the Property Records Section of the Maricopa County Assessor’s Office

Preservation Easement shall mean a non-possessory interest in real property, granted to the City pursuant to Arizona Revised Statutes Title 33, Chapter 2, Article 4, Conservation Easements, which imposes limitations or affirmative obligations on the property to preserve the historical, architectural, archaeological, or cultural aspects of the real property.

Replacement/Reuse Plan shall mean a plan for redevelopment of a site within an HP District

Scottsdale Historic Register shall mean the list, compiled and kept by the Historic Preservation Officer, of historic and archaeological resources in the City of Scottsdale which are designated HP District.

ARTICLE VI. SUPPLEMENTARY DISTRICTS

Sec. 6.100. (HP) HISTORIC PROPERTY.

Sec. 6.110. IN GENERAL.

Sec. 6.111. Purposes.

The (HP) Historic Property zoning overlay district is intended to protect and enhance the cultural, historical, social or archaeological heritage of the City of Scottsdale. The HP District encourages the retention of historic resources by keeping them in active use in their original appearance, setting, and placement. More specifically, the purposes of these historic preservation regulations are to:

A.     Protect, enhance and preserve improvements and landscape features of historic resources which represent distinctive elements of the city’s cultural, educational, social, economic, political, architectural and archaeological history;

B.     Safeguard the city’s historic, aesthetic and cultural heritage, and encourage cultural heritage tourism at appropriate historic and archaeological sites;

C.     Foster civic pride in the accomplishments of the past and promote public awareness of the rich heritage of Scottsdale from all periods of history and prehistory;

D.     Retain and enhance historic resources and those properties which contribute to the character of an Historic Property District, and encourage their adaptation for current use;

E.     Assure that alterations of existing structures are compatible with the original structure and character of an historic resource;

F.     Assure new construction and subdivision of lots in an Historic Property District are compatible with the character of the District;

G.     Encourage the restoration of historic resources, and protect and enhance property values through the restoration, preservation and promotion of historic resources;

Sec. 6.112. Definitions.

In addition to the definitions found in section 3.100 of the zoning ordinance of the City of Scottsdale, and where there is a conflict between definitions, the following definitions apply to section 6.100 of the zoning ordinance of the City of Scottsdale:

Alter or remodel shall mean any architectural, structural, landscaping, electrical, or mechanical change to an historic resource that requires a building permit.

Building shall mean a structure created to shelter any form of human activity, such as a house, barn, church, hotel, or similar structure. The term “building” may refer to an historically related complex such as a courthouse and jail, or a house and barn.

District shall mean a geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united by past events or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically but linked by association or history.

Historic Property or Historic Resource means any prehistoric or historic district, site, building, structure, object, or landmark included in, or eligible for inclusion on, the National Register of Historic Places, the Arizona Register of Historic Places, or the Scottsdale Historic Register, including artifacts, records, and material remains related to such property or resource. The term includes archaeological resources.

Landmark shall mean an historic resource that the City Council designates as possessing exceptional significance.

Object shall mean a material thing of functional, aesthetic, cultural, historical or scientific value that may be, by nature or design, movable yet related to a specific setting or environment. This term may include landscape features.

Site shall mean the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself maintains historical or archeological value regardless of the value of any existing structure. A site may encompass more than one lot or parcel.

Structure shall mean any piece of work constructed or erected by humans, and made up of interdependent and interrelated parts in a definite pattern of organization.

Sec. 6.113. Criteria.

A.    Historic Resource: To be eligible for designation as an historic resource and placement on the Scottsdale Historic Register, a district, site, building, structure, or object must be located in Scottsdale and have special historical significance in United States, Arizona or Scottsdale history, architecture, archaeology, engineering, or culture. Fifty (50) years of age is a general estimate of the time necessary for achieving historical significance, but resources younger than 50 years are eligible for designation as an historic property and placement on the Scottsdale Historic Register in appropriate cases. Historical significance is present in buildings, districts, structures, sites, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and:

1.     That are associated with events that have made a significant contribution to the broad patterns of our history; or

2.     That are associated with the lives of persons significant in our past; or

3.     That embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or

4.     That have yielded, or may be likely to yield, information important in prehistory or history; and

5.     That in addition to having retained their integrity of location, design, setting, materials, workmanship, feeling, and association, possess physical features necessary to convey that significance and are significant within the historic context of the Scottsdale geographic area and chronological periods known to have been associated with the occupation and settlement of Scottsdale by people from all involved cultures.

B.     Landmarks. To be eligible for designation as a Landmark, a district, site, building, structure or object must meet all the criteria for designation as an historic resource and placement on the Scottsdale Historic Register, and in addition must possess exceptional significance in United States, Arizona or Scottsdale history, archaeology, architecture, engineering, or culture, as determined by the City Council. Such exceptional significance is present in those historic resources which:

1.     Contain outstanding or extraordinary examples of an architectural style; and/or   

2.     Contain or are associated with a major historic event or activity; and/or

3.     Are associated with the lives of historically significant persons; and/or

4.     Embody distinctive characteristics of a type, period, or method of construction; and/or

5.     Represent the work of a master; and/or

6.     Contain important, intact archaeological resources; and/or

7.     Are of unique visual quality and identification; and/or

8.     Are of general historic or cultural recognition by the community.

SEC. 6.114. Existing HP Exemption.

Properties that were zoned HP Historic Property under the old HP zoning standards, last amended by Ordinance No. 2830, shall be exempt from the new HP District ordinance standards for a period of one (1) year from the effective date of Ordinance No. 3242. This exemption shall only apply to properties zoned HP prior to the effective date of the new HP District standards.

A.     The properties zoned HP prior to the new standards shall continue to follow all the old HP Historic Property district standards during the one (1) year exemption period.

B.     At the end of the one (1) year exemption period, all of the HP District standards in Ordinance No. 3242 shall apply to the exempt properties zoned HP under the old standards, provided that the HP District has not been removed by an ordinance adopted by City Council during the exemption period.

Sec. 6.115. Use Regulations and Property Development Standards.

A.     Uses permitted. Any use permitted in the underlying zone.

B.     Uses permitted by conditional use permit. Any use permitted by conditional use permit in the underlying zone.

C.     Property Development Standards. The development standards of the underlying zone shall apply in addition to the development requirements imposed by this section on Historic Property.

Sec. 6.116. Off-street parking.

The provisions of Article IX shall apply.

Sec. 6.117. Signs.

The sign provisions of Article VIII shall apply.

Sec. 6.118. Additional procedures for designating property HP District.

An application to designate property as historic is a request for overlay zoning on the property by applying the (HP) Historic Property zoning overlay district to the subject area. All rezoning notice and public hearing requirements of State law and Article I of the zoning ordinance of the City of Scottsdale must be followed for any HP District rezoning in addition to the requirements of this section. The additional procedures for designating property historic and for placement of the property on the Scottsdale Historic Register are as follows:

A.     Upon receipt of the proper forms, and, where required, payment of the application fee, the Historic Preservation Officer shall publish notice in a newspaper of general circulation in the City that an application has been filed and will be considered by the Historic Preservation Commission at a public hearing at a specified date, time and place, at which time all persons shall be given the opportunity to be heard. This public hearing notice shall be published not less than 15 days before the hearing and shall describe the location of the property and the nature of the application being considered.

B.     The Historic Preservation Officer or designee shall conduct a preliminary study of the application and make a recommendation in the Historic Designation Report to the Historic Preservation Commission.

C.     The Historic Preservation Commission shall review the application and the Historic Designation Report, and recommend to the Planning Commission and City Council approval or denial of the application.

D.     At its public hearing on the request to place HP District overlay zoning on the property, the Planning Commission shall consider the application for HP District designation, the Historic Designation Report, and the recommendation of the Historic Preservation Commission. Notice of the hearing and posting the property shall be in accordance with the law applicable to a zoning map amendment.

E.     After the Planning Commission has held a public hearing on the proposed zoning map amendment and makes its recommendation, the City Council shall hold a public hearing. The City shall notify the applicant(s) and owner(s) of record of the proposed designated property of the date, time, and place of the public hearing, and shall provide notice of the public hearing in accordance with the law applicable to a zoning map amendment.

F.     The City Council shall approve, approve with modifications, or deny the request for HP District designation and rezoning, and any associated Historic Preservation Plan. In the event further proceedings are deemed necessary, the City Council may remand the application to the Planning Commission and/or the Historic Preservation Commission. The property owners may file a legal protest in accordance with Section 1.706 of the Zoning Ordinance of the City of Scottsdale.

G.     If the City Council approves the HP District designation the Historic Preservation Officer shall record the designation in the Scottsdale Historic Register.

H.     Designation of an Historic Property District shall be followed by City Council adoption of a supplemental zoning map adding the suffix “HP” to the zoning classification of the property.

I.     The following apply to designation of an historic resource as a Landmark:

1.     Scottsdale Landmark designation can occur for a property already within an HP District zoning overlay or in conjunction with HP District designation.

2.     As part of the recommendation to City Council for Landmark designation, the Historic Preservation Commission and/or the Planning Commission shall adopt findings documenting the uniqueness and exceptional significance of the subject historic resource.

Sec. 6.119. Historic Preservation Plan

A.    Before or within a reasonable time, as determined by the Historic Preservation Officer, following City Council approval of the HP District designation for an historic resource, the applicant and the Historic Preservation Officer shall prepare an Historic Preservation Plan. Such a plan shall:

1.    Identify the geographical location of the HP District, and

2.    Specify the objectives concerning the development or preservation of buildings, sites, objects, structures and landmarks within the HP District, and

3.    Formulate a program for public action including the provision of public facilities and the regulation of private development and demolition necessary to realize these objectives, and

4.    Describe any plans for public access and visitation of the property, including any planned participation in a cultural heritage tourism program, and

5.    Set forth standards necessary to preserve and maintain the historical character of the historic resource. These standards shall include design guidelines that shall apply only to the exterior features of the historic resource.

a.    Each Historic Preservation Plan shall include a general set of standards, reflecting the overall character of the HP District, which shall be used by the Historic Preservation Commission and staff to review applications for the certificates required within the HP District.

b.    When the HP District involves single family residences, the Historic Preservation Plan may include a development agreement and/or a preservation easement.

c.    Upon approval by the City Council, an Historic Preservation Plan may include a specific set of design guidelines that modify the standards set in the underlying zoning district. If any of these provisions are to be contained in design guidelines for an HP District, the guidelines shall be approved according to the procedures for establishing HP Districts, including the public hearing processes before the Planning Commission and the City Council. In the alternative, this specific set of guidelines may be made part of the ordinance establishing the District and placing overlay HP District zoning on the property.

B.    The Historic Preservation Plan must be approved by the Historic Preservation Commission, which may approve or modify the plan proposed by the applicant or the Historic Preservation Officer. The plan approved by the Commission is final unless within twenty (20) days of the date of the approval either the City Council initiates review of the plan or the applicant appeals the Historic Preservation Plan to the City Council. The applicant shall file an appeal with the City Clerk and shall include in the appeal request a brief Statement of the grounds of the appeal and the relief requested.

C.    The City Council shall have the right and prerogative to initiate its own review of any Historic Preservation Plan approved by the Historic Preservation Commission. Such a review must be initiated within twenty (20) days of the Historic Preservation Commission’s approval of the Historic Preservation Plan. Notice of such Council-initiated review of any plan approved by the Historic Preservation Commission shall be given to the applicant and the Historic Preservation Officer by the City Clerk within ten (10) days after the Council votes to initiate a review of the Plan.

D.    The City Clerk shall schedule the appeal for a City Council agenda not more than forty (40) or less than fifteen (15) days following submittal of the appeal. The City Council at its meeting shall uphold, modify, or remand for further consideration the plan approved by the Commission. The decision of the City Council shall be final.

 

Sec. 6.120. DEVELOPMENT OF HISTORIC RESOURCES.

Sec. 6.121. Alteration of Historic Resources; Approvals Required.

A.     No building, permanent sign, or other structure in an HP District shall be erected, demolished, moved, restored, rehabilitated, reconstructed, altered, or changed in exterior appearance, nor shall any historic resource be altered, moved, remodeled, demolished, enlarged or extended contrary to the Historic Preservation Plan for the HP District or historic resource until plans for such activities have been submitted to and approved by the Historic Preservation Officer or the Historic Preservation Commission, and the City has issued a Certificate of No Effect, a Certificate of Appropriateness, or a Certificate of Demolition Approval for the subject property. This requirement is in addition to any other permit or approval required by law.

B.     Failure to comply with a stipulation, standard, or plan made a part of any of these approvals shall constitute a violation of section 6.100 of the Zoning Ordinance of the City of Scottsdale. An approved plan shall be binding upon the owner/applicant and their successors and assignees. No permit shall be issued for any building or structure not in compliance with the plan, except that temporary facilities shall be permitted in conjunction with construction. No structure or other element specified on the Historic Preservation Plan shall be eliminated, or altered or provided in another manner, unless an amendment is approved in conjunction with the procedures for original approval.

C.     Maintenance of the historic resource pursuant to the Historic Preservation Plan is required. Ordinary maintenance or repair of any structure in the HP District that does not alter or modify the historic character of the structure will not require a Certificate of No Effect or a Certificate of Appropriateness.

Sec. 6.122. Review Process on Applications Requiring a Certificate of No Effect or a Certificate of Appropriateness.

A.     When a building permit or other permit is sought from the City to alter, remodel, move, build, or otherwise develop or landscape property or archaeological sites in an HP District, issuance of the permit shall be deferred until after a Certificate of No Effect or a Certificate of Appropriateness is obtained from the Historic Preservation Commission.

B.     In the event work requiring a Certificate of Appropriateness or a Certificate of No Effect is being performed without such a Certificate, the Historic Preservation Officer or other city inspector shall contact the person performing the work and ask that all work cease. If work continues, the Historic Preservation Officer shall ask that a Stop Work Order be issued by the Development Service Director or designee. In the event work is being performed that is not in accordance with a Certificate of Appropriateness issued by the Historic Preservation Commission, the Historic Preservation Officer shall ask that a Stop Work Order be issued by the Building Official. The City may seek an injunction to enforce a Stop Work Order.

C.     The Development Services Director or designee shall refer requests for permits for property located within an HP District to the Historic Preservation Officer.

D.     The Historic Preservation Officer or designee shall issue a Certificate of No Effect within seven (7) days after receipt of an application if:

1.     It is determined the proposed work is minor and clearly within the adopted Historic Preservation Plan, and

2.     Any modifications to the proposed work requested by the Historic Preservation Officer are agreed to by the owner/applicant, and

3.     The proposed work will not diminish, eliminate, or adversely affect the historic character of the subject property or the HP District.

E.     A Certificate of No Effect shall expire and become null and void two (2) years from the date of issuance unless construction work is started within that time.

F.     If a Certificate of No Effect is not issued, a Certificate of Appropriateness from the Historic Preservation Commission shall be required.

G.     The review and decision on a Certificate of Appropriateness shall be conducted in the following manner:

1.     In cases where Development Review Board approval is necessary in addition to a Certificate of Appropriateness, the Historic Preservation Officer and the Zoning Administrator or their designee shall confer to decide whether the historic aspects or the development review aspects dominate the proposed development, and shall decide whether it is more appropriate for the Historic Preservation Commission or the Development Review Board to consider the proposal. If the case is presented to the Historic Preservation Commission only, the Commission shall have the power to grant or deny Development Review Approval in addition to its ruling on the Certificate of Appropriateness.

2.     In all cases to be heard by the Historic Preservation Commission, the Historic Preservation Officer shall review the application for a Certificate of Appropriateness and shall schedule a public hearing before the Commission within thirty (30) days of the filing of an application for a development permit. Notice of the application shall be posted on the property at least ten (10) days before the date set for the public hearing before the Historic Preservation Commission. The Historic Preservation Commission shall review the application in light of the standard set forth below and the evidence presented at the hearing, and shall either grant or deny the Certificate of Appropriateness, grant it with stipulations, or issue a Certificate of No Effect.

3.     The standard for evaluating a Certificate of Appropriateness is consistent with the Historic Preservation Plan for the resource.

4.     The owner or applicant may appeal the Historic Preservation Commission’s decision in writing to the City Council within twenty (20) days of the Commission’s decision.

5.     The City Council shall have the right to initiate its own review of any decision of the Historic Preservation Commission by a majority vote of the City Council made within twenty (20) days of the Commission’s decision.

6.     The City Clerk shall schedule the appeal for a City Council agenda not more than forty (40) or less than fifteen (15) days following submittal of the appeal. Notice of the hearing shall be mailed by first class mail to the applicant(s) and property owner(s) at least fifteen (15) days prior to the hearing and shall be posted on the property at least fifteen (15) days prior to the hearing.

7.     In the event the initial hearing on an appeal to the City Council is not held within one hundred twenty (120) days of the date the permit application was filed, the Certificate of Appropriateness shall be deemed approved.

8.     The City Council may uphold, reverse, or modify the decision of the Historic Preservation Commission.

9.     The owner, applicant, or any person aggrieved by the decision of City Council on a Certificate of No Effect or a Certificate of Appropriateness may appeal that decision by filing a special action in Superior Court within thirty (30) days of that decision.

10.     No change shall be made in the approved plans of the project after issuance of a Certificate of No Effect or a Certificate of Appropriateness without resubmitting the plans for the project to the Historic Preservation Officer and approval of the change in the same manner as provided above.

11.     A Certificate of Appropriateness shall expire and become null and void two (2) years from the date of issuance unless construction work is started within that time.

H.     If a Certificate of No Effect or a Certificate of Appropriateness is issued, the owner/applicant shall proceed with any Development Review Board application required by the zoning ordinance of the City of Scottsdale.

Sec. 6.123. Demolition of Historic Resources

A.     No demolition permit shall be issued by the City to move or demolish all or any part of a building, structure, object or Landmark in an HP District without a Certificate of Demolition Approval. Requests for a Certificate of Demolition Approval shall be considered in the following manner:

1.     Applications for a Certificate of Demolition Approval shall be filed with or referred to the Historic Preservation Officer. If the owner/applicant is using economic hardship to justify the demolition, an application for a Certificate of Economic Hardship shall be filed with the application for a Certificate of Demolition Approval. The Historic Preservation Commission may establish criteria, for certain types of structures or actions, authorizing the Historic Preservation Officer to staff approve an application for a Certificate of Demolition Approval and to waive a public hearing.

2.     A Certificate of Demolition Approval shall be issued if the Building Official has determined that the structure, building or object is an imminent hazard to public safety and that repairs would be impractical.

 

3.     The Historic Preservation Officer shall review the application for a Certificate of Demolition Approval and, if applicable, a Certificate for Economic Hardship, and shall schedule a public hearing before the Historic Preservation Commission within thirty (30) days of the application(s). Notice of the hearing shall be posted on the property at least ten (10) days before the hearing. Notice of the hearing shall be mailed by first class mail to the owner/applicant(s) at least ten (10) days prior to the hearing.

4.     The Historic Preservation Commission shall conduct a public hearing and shall make a determination whether a Certificate of Demolition Approval should be approved and a demolition permit should be issued. The criteria used to make this determination shall be:

a.     The structure, building, or object is of no historic or architectural value or significance and does not contribute to the historic value of the resource; or

b.     Loss of the structure, building or object would not adversely affect the integrity of the HP District or the historic, architectural, or aesthetic relationship to adjacent properties, and its demolition is inconsequential to historic preservation needs of the area; or

c.     The Commission has determined that a Certificate of Economic Hardship should be granted for the historic resource based upon the owner/applicant clearly demonstrating this hardship.

5.     A Certificate of Demolition Approval may be conditioned on stipulations that provide for rights of access to the property for the City or its designee for purposes of documentation or for agreed upon removal of artifacts. Additionally, the Historic Preservation Commission may stipulate that the owner/applicant supplement the approved Historic Preservation Plan for the historic resource with additional documentation prior to approval of demolition.

B.     The decision of the Historic Preservation Commission to grant or deny demolition approval shall be final unless the owner/applicant appeals in writing within twenty (20) days of the decision, or a majority of the City Council initiates its own review of the decision within twenty (20) days of that decision.

C.     The City Clerk shall schedule any such appeal for a City Council agenda, not more than forty (40) or less than fifteen (15) days following submittal of the appeal. Notice of the hearing shall be mailed by first class mail to the applicant(s) and property owner(s) at least fifteen (15) days prior to the hearing and shall be posted on the property at least fifteen (15) days prior to the hearing. The City Council shall review the application in light of economic hardship, the subject property’s lack of historic or architectural value and significance, alone or as part of an HP District, and the evidence presented at the hearing. The City Council shall either grant, grant with conditions, or deny the Certificate of Demolition Approval.

D.     In the event the initial hearing on an appeal to the City Council is not held within one hundred twenty (120) days of the date the appeal was filed, the application for a Certificate of Demolition Approval shall be deemed approved.

E.     If an application for a Certificate of Demolition Approval of any historic resource is denied, no Certificate of Demolition Approval or demolition permit shall be issued for a period of one year from the date on which the Historic Preservation Commission denied the application.

F.     Upon denial of a Certificate of Demolition Approval by the Historic Preservation Commission, the Historic Preservation Officer shall contact the property owner to determine what available assistance might be feasible to place the property into productive use. If a feasible rehabilitation or use is not found for the property the Historic Preservation Officer and Historic Preservation Commission shall investigate with the property owner methods of private or public acquisition of the property.

G.     For properties designated Landmarks, the restraint of demolition is presumptively a minimum of two (2) years from the date on which the application was denied by the Historic Preservation Commission. Review upon request by the owner may be made after one year. Procedures shall be as follows: one year after the denial of a demolition approval, if no feasible use or ownership is found for the Landmark, the owner may request that the Historic Preservation Commission issue a waiver of all or a part of the balance of the restraint of demolition

H.     If a Certificate of Demolition Approval is granted on any basis other than that of an imminent hazard to public safety or economic hardship, or is denied and the restraint of demolition under the above provisions has expired, the Historic Preservation Officer shall not issue a Certificate of Demolition Approval and the Building Official shall not issue a demolition permit until a Replacement/Reuse Plan for the property has been filed with the Historic Preservation Officer. The plan may be filed at any time following denial of the application for a Certificate of Demolition Approval and shall be in compliance with existing zoning, the General Plan, and any adopted Neighborhood or Character Area Plan, and the Historic Preservation Plan applicable to the property. Vacant land or non-use shall not be considered responsive to this requirement.

1.     The requirement for filing a Replacement/Reuse Plan shall be waived by the Historic Preservation Officer if, following demolition, no historic feature will remain in the HP District and upon a finding that such a requirement is unnecessary to assure compatibility with other resources designated historic in the vicinity.

2.     The Historic Preservation Officer shall make a decision on a request for a waiver of the Replacement/Reuse Plan requirement within thirty (30) days of receipt of the request.

3.     The owner/applicant may appeal the decision of the Historic Preservation Officer within twenty (20) days of the action. The Historic Preservation Commission shall conduct a public hearing on the appeal. Notice of the hearing shall be posted on the property at least fifteen (15) days prior to the hearing.

4.     The Commission’s decision shall be final unless appealed by the owner/applicant in writing within twenty (20) days following the hearing. If a waiver is approved, the Commission shall, upon demolition or removal of the structure, building, or object, initiate an application to remove the HP District designation from the property.

I.     Any new development on the property shall be in conformance with the replacement/reuse Plan submitted in conjunction with the Certificate of Demolition Approval. Any changes from the plan shall require a Certificate of Appropriateness.

J.     A Certificate of Demolition Approval shall expire and become null and void one (1) year from the date of issuance unless demolition is started within that time

Sec. 6.124. Stay of Demolition Pending Consideration of Application for Designation.

A.     No demolition permit shall be issued by the City for a resource that is located within an area of an application for HP District between such time as the application is filed with the City and the time action is taken on the application by the City Council, unless a Certificate of Demolition Approval is issued by the Historic Preservation Commission or the City Council.

B.     The following procedures are hereby established for the review of proposed demolition of property which is part of or located in areas where an application for HP District designation is pending:

1.     All owner/applicant requests for a demolition permit for property that is part of a pending application for HP District designation will be referred to the Historic Preservation Officer. The Historic Preservation Officer shall inform the owner/applicant that they must apply for a Certificate of Demolition Approval. The Historic Preservation Commission may establish criteria, for certain types of structures or actions, authorizing the Historic Preservation Officer to staff approve an application for a Certificate of Demolition Approval and to waive a public hearing.

2.     The Historic Preservation Officer shall review the application for a Certificate of Demolition Approval and shall schedule a public hearing of the Historic Preservation Commission within sixty (60) days following the filing of the Certificate of Demolition Approval application. Notice of the hearing shall be posted on the property at least thirty (30) days before the hearing. Notice of the hearing shall be mailed by first class mail to the applicant(s) and property owner(s) at least fifteen (15) days prior to the hearing.

3.     At the public hearing, the Commission shall issue a Certificate of Demolition Approval only if the owner/applicant demonstrates:

a.    That the building, structure or addition is of minimal historic significance because of its location, condition, modifications, or other factors, and its demolition is inconsequential to the historic preservation needs of the area; or

b.    That the denial of a Certificate of Demolition Approval and a demolition permit will result in an economic hardship to the property owner as discussed in a section 6.135; or

c.    That the building has been determined by the Building Official to be an imminent hazard to the public safety and that repairs would be impractical.

4.     The Commission’s decision shall be final unless appealed by the owner/applicant in writing within twenty (20) days following the decision. The City Council shall have the right to initiate its own review of a decision of the Historic Preservation Commission to grant or deny demolition approval by a majority vote of the City Council made within twenty (20) days following the decision. If appealed the City Clerk shall schedule the appeal for a City Council agenda, not more than forty (40) or less than fifteen (15) days following submittal of the appeal. Notice of the hearing shall be mailed by first class mail to the owner/applicant(s) and at least fifteen (15) days prior to the hearing and shall be posted on the property at least fifteen (15) days prior to the hearing.

C.     In the event a Certificate of Demolition Approval is denied, no permit for demolition shall be issued for one (1) year from the date of the Historic Preservation Commission’s initial hearing on the subject property, except if HP District zoning has not been placed on the property at the expiration of the one (1) year from the date the application was filed, the Historic Preservation Officer shall issue a Certificate of Demolition Approval for the subject property.

D.     At the time of adoption of HP District zoning, the temporary restraint of demolition and any stays of demolition in effect shall expire. Demolition approvals at that time shall be regulated by section 6.123 pertaining specifically to the process of demolition approval in an HP District.

E.     A Certificate of Demolition Approval may be conditioned on stipulations that provide for rights of access to the property for the purposes of documentation or for agreed upon removal of artifacts. Additionally the Historic Preservation Officer may stipulate that the owner/applicant provide an approved Historic Designation Report of the structure including photographs and other relevant information to the Historic Preservation Commission prior to approval of demolition.

F.     A Certificate of Demolition Approval shall expire and become null and void one (1) year from the date of issuance unless demolition is started within that time.

Sec. 6.125. Certificate of Economic Hardship.

A.     Separate standards for obtaining a Certificate of Economic Hardship are established for investment or income producing and non-income producing properties:

1.     Economic hardship for a non-income producing property shall be found when the property owner demonstrates that the property has no beneficial use as a single-family dwelling or for an institutional use in its present condition or if rehabilitated.

2.     Economic hardship for an income producing property shall be found when the property owner demonstrates that a reasonable rate of return cannot be obtained from the resource if it retains its historic features, buildings, or structures in either its present condition or if it is rehabilitated.

 

B.     Owners seeking a Certificate of Economic Hardship must provide sufficient information, as determined by the Historic Preservation Officer, to support the application for the Certificate. Demonstration of an economic hardship shall not be based on or include any of the following circumstances:

1.     Willful or negligent acts by the owner;

2.     Purchase of the property for substantially more than market value;

3.     Failure to perform normal maintenance and repairs;

4.     Failure to diligently solicit and retain tenants;

5.     Failure to provide normal tenant improvements.

 

C.     The Commission may require an owner/applicant who has received a recommendation for a Certificate of Economic Hardship to complete the following prior to being granted a Certificate of Demolition Approval:

1.     Documentation of the sites, buildings, structures, or objects which are intended to be demolished

2.     Preparation of a salvage strategy for reuse of the building materials deemed valuable by the Historic Preservation Commission for other preservation and restoration activities.

D.     A Certificate of Demolition Approval may be conditioned on stipulations that provide for rights of access to the property for the purposes of documentation or for agreed upon removal of artifacts.

E.     A Certificate of Demolition approval shall expire and become null and void one (1) year from the date of issuance unless demolition is started within that time.