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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.