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Historic Preservation Ordinance No. 3242

Historic Preservation Ordinance No. 3242

AN ORDINANCE OF THE COUNCIL OF THE CITY OF SCOTTSDALE, MARICOPA COUNTY, ARIZONA, AMENDING ORDINANCE NO. 455, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF SCOTTSDALE, BY AMENDING ARTICLES I, III, VI, AND XI OF THAT ORDINANCE, AND AMENDING CHAPTER 2, DIVISION 9, SECTIONS 2-312 AND 2-313 OF THE SCOTTSDALE REVISED CODE, AS PROVIDED IN CASE NO. 3-TA-99, RELATING TO THE CITY’S HISTORIC PRESERVATION PROGRAM AND REGULATIONS AND PROCEDURES FOR THE PRESERVATION OF HISTORIC RESOURCES AND THE HISTORIC PROPERTY ZONING OVERLAY DISTRICT, AND PROVIDING PENALTIES.       

WHEREAS, the City Council of the City of Scottsdale finds that the protection, enhancement and preservation of resources of historic, cultural, archaeological and aesthetic significance are in the interests of the health, prosperity and welfare of the people of the City of Scottsdale and that the adoption of historic preservation regulations is for a public purpose, and

WHEREAS, the City Council recognizes the past needless losses of historic properties which had substantial value to the historic and cultural heritage of the citizens of Scottsdale, and intends to take reasonable measures to prevent similar losses in the future, and

WHEREAS, the City Council intends to preserve important historic and cultural resources to foster civic pride in the accomplishments of the past, to protect and enhance the city’s attraction to visitors, to create economic benefits from heritage tourism, and to encourage increases in property values through historic recognition, and

WHEREAS, in A.R.S. 9-462.01.A.10 the Arizona legislature has authorized the City to establish districts of historic significance, adopt plans for the preservation of districts of historic significance, designate structures or sites of special historic significance, and require special permission for development of designated structures or sites,

NOW THEREFORE, BE IT ORDAINED, by the Council of the City of Scottsdale as follows:

Section 1: Section 1.206 of Ordinance No. 455, the Zoning Ordinance of the City of Scottsdale, is amended to read as follows:

Sec. 1.206. Processing of development applications.

A.    The Zoning Administrator shall process the following development applications: General Plan amendments, zoning ordinance text amendments, conditional use permits, municipal use master site plan approvals, abandonments, development review, variances, conditional use permits, revocations and subdivision plats.

B.    The Historic Preservation Officer shall process the following development applications: Historic Property (HP) District designation, Certificates of No Effect, Certificates of Appropriateness, Certificates of Demolition Approval, and Certificates of Economic Hardship relating to development of historic and/or archaeological resources.

Section 2: Section 1.301.B of the Zoning Ordinance of the City of Scottsdale is amended to read as follows:

B. Zoning district map amendments:

1.    The zoning district map may be amended, supplemented, modified or repealed. Requests to amend the zoning district map may be initiated by the Planning Commission, the City Council, or an owner of real property which is the subject of the application.

2.    An application to have an historic resource zoned HP District may be initiated by the Historic Preservation Commission, the Planning Commission, the City Council, or by an owner of real property which is the subject of the application.

Section 3: Article I of the Zoning Ordinance of the City of Scottsdale is amended by adding a new Section 1.307, to read as follows:

Sec. 1.307. Development Applications for Historic Property.

Development applications for property zoned or to be zoned (HP) Historic Property are subject to the rules, regulations, and procedures set forth in section 6.100 (HP) Historic Property in addition to the requirements of Article I of this zoning ordinance.

Section 4: Article I of the Zoning Ordinance of the City of Scottsdale is amended to add the following as sections 1.1000 through 1.1003:

Sec. 1.1000. HISTORIC PRESERVATION COMMISSION.

Sec. 1.1001. Purpose and Powers.

The Scottsdale Historic Preservation Commission shall advise the Planning Commission and the City Council in all matters concerning historic and archaeological preservation, shall consider and make recommendations to the Planning Commission and the City Council about applications to designate and rezone property as HP District, and exercise the powers the City Council has delegated to the Commission.

Sec. 1.1002. Historic Preservation Officer and City Archaeologist.

A.     The City Council hereby authorizes the City Manager, or designee, to designate an Historic Preservation Officer and a City Archaeologist.

B.     The Historic Preservation Officer and City Archaeologist shall assist the Historic Preservation Commission in carrying out its duties, and perform administrative duties required by Chapter 46, Article VI of the Scottsdale Revised Code and by the Zoning Ordinance of the City of Scottsdale.

Sec. 1.1003. Procedures; Notice and Hearing.

A.    All applications for Historic Property (HP) District zoning shall be considered by the Historic Preservation Commission pursuant to the requirements of Section 6.100 of the Zoning Ordinance of the City of Scottsdale.

B.    All applications for development of property within an HP District are subject to the provisions of Section 6.100 of the Zoning Ordinance of the City of Scottsdale.

Section 5: Article I of the Zoning Ordinance of the City of Scottsdale is hereby amended by renumbering existing sections 1.1000 through 1.1312 as follows:

Section 1.1000. Building Permits is renumbered as Section 1.1100
Section 1.1001 is renumbered as Section 1.1101
Section 1.1002 is renumbered as Section 1.1102
Section 1.1003 is renumbered as Section 1.1103
Section 1.1100. Certificates of Occupancy is renumbered as Section 1.1200
Section 1.1101 is renumbered as Section 1.1201
Section 1.1102 is renumbered as Section 1.1202
Section 1.1200. Nonconforming Uses and Structures is renumbered as Section 1.1300
Section 1.1201 is renumbered as Section 1.1301
Section 1.1202 is renumbered as Section 1.1302
Section 1.1203 is renumbered as Section 1.1303
Section 1.1204 is renumbered as Section 1.1304
Section 1.1205 is renumbered as Section 1.1305
Section 1.1206 is renumbered as Section 1.1306
Section 1.1300. Violation and Penalty is renumbered as Section 1.1400
Section 1.1301 is renumbered as Section 1.1401
Section 1.1302 is renumbered as Section 1.1402
Section 1.1303 is renumbered as Section 1.1403
Section 1.1304 is renumbered as Section 1.1404
Section 1.1305 is renumbered as Section 1.1405
Section 1.1306 is renumbered as Section 1.1406
Section 1.1307 is renumbered as Section 1.1407
Section 1.1308 is renumbered as Section 1.1408
Section 1.1309 is renumbered as Section 1.1409
Section 1.1310 is renumbered as Section 1.1410
Section 1.1311 is renumbered as Section 1.1411
Section 1.1312 is renumbered as Section 1.1412

Section 6: Section 3.100, Definitions, of the Zoning Ordinance of the City of Scottsdale, is amended by adding to the definitions in the existing provisions of section 3.100 those new definitions set forth in that certain document entitled “Historic Property Zoning Overlay Procedures and Regulations of the City of Scottsdale, Arizona,” three copies of which are on file in the office of the City Clerk, which document was made a public record by Resolution No. 5324 of the City of Scottsdale, Arizona, and which is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance. As of the effective date of this section, the definitions referenced above replace the following definitions: Archaeological Site; Historical Site. The remaining definitions remain in full force and effect.

Section 7: Section 6.100, (H-P) Historic Property, of the Zoning Ordinance of the City of Scottsdale, is amended by deleting the existing provisions of sections 6.100 through 6.108 and substituting new sections 6.100 through 6.125 to read as set forth in that certain document entitled “Historic Property Zoning Overlay Procedures and Regulations of the City of Scottsdale, Arizona,” three copies of which are on file in the office of the City Clerk, which document was made a public record by Resolution No. 5324 of the City of Scottsdale, Arizona, and which is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance.

Section 8: The following penalty provisions apply to any violation of the provisions of sections 6.100 through 6.133 of the Zoning Ordinance of the City of Scottsdale as amended herein, and these provisions are added as Sections 6.130 through 6.133 of the Zoning Ordinance of the City of Scottsdale:

Sec. 6.130. ENFORCEMENT.

Sec. 6.131. Classification of penalty.

A.     Any person, firm, corporation, partnership, or association whether as principal, owner, agent, tenant, or otherwise who violates, disobeys, omits, or refuses to comply with, or who resists the enforcement of any of the provisions of Section 6.100, (HP) Historic Property, is subject to a civil sanction.

B.     A second or subsequent violation of any of the provisions of Section 6.100, (HP) Historic Property, within a two-year period following a finding of responsible to a civil violation of section 6.100 shall be charged as a Class One (1) misdemeanor offense.
C.     Each day any violation of any provision of section 6.100, (HP) Historic Property, or the failure to perform any act or duty required by section 6.100 continues shall constitute a separate violation.

Sec. 6.132. Penalties.

A.     Upon a finding of responsible to a civil violation, the court shall impose a civil sanction not to exceed one thousand dollars ($1,000.00), nor less than a fine of two hundred and fifty dollars ($250.00). Each day any violation of any provision of Section 6.100, (HP) Historic Property, or the failure to perform any act or duty required by Section 6.100 continues shall constitute a separate violation.

B.     Upon a conviction of a misdemeanor the court may impose a sentence in accordance with section 1-8(a) of the Scottsdale Revised Code and State law for class one misdemeanors.

C.     Additional penalties for violation of any section or other part of Section 6.100, (HP) Historic Property:

1.     Any person who constructs, reconstructs, alters, restores, renovates, relocates, stabilizes, repairs or demolishes any historic or archaeological resource or landmark in violation of any section of this ordinance shall be required to restore the resource or landmark to its appearance or setting prior to the violation. Any action to enforce this provision shall be brought by the City of Scottsdale. This civil remedy shall be in addition to, and not in lieu of, any criminal prosecution and penalty.

2.     If construction, reconstruction, alteration, restoration, renovation, relocation, or stabilization of an archaeological or historic resource or landmark located in an HP District, or on publicly- owned land, or on a public right-of-way occurs without a Certificate of No Effect, a Certificate of Demolition Approval, or a Certificate of Appropriateness, then the Scottsdale business license of the company, individual, principal owner, or its or his successor in interest initiating (such as the developer or property owner) such construction, reconstruction, alteration, restoration, renovation, relocation, or stabilization shall be revoked for a period of three (3) years.

3.     If demolition of an archaeological or historic resource or landmark located in an HP District, or located on publicly-owned property, or on a public right-of-way occurs without a permit or a Certificate of Demolition Approval, then any permits on subject property will be denied for a period of three (3) years. In addition, the owner/applicant shall not be entitled to have issued to him by any City office a permit allowing any curb cuts on the subject property for a period of three (3) years from and after the date of such demolition.

Sec. 6.133. Enforcement Actions.

The provisions of Sections 1.1400 through 1.1412 of the Zoning Ordinance of the City of Scottsdale apply to actions to enforce Section 6.100, (HP) Historic Property.

Section 9: Section 11.100, Fee Schedule, of the Zoning Ordinance of the City of Scottsdale is amended by adding a new subsection 11.100.D.9 to read as follows:

9.    Historic Property Designation: No fee is required for an application to designate an historic or archaeological resource as an HP District. If the Historic Preservation Officer, however, makes an initial determination that the resource is not eligible for such designation, the applicant may proceed with the application only upon payment of the fee required for zoning map amendments.

Section 10: Section 11.100, Fee Schedule, of the Zoning Ordinance of the City of Scottsdale is amended by adding a new subsection 11.100.L to read as follows:

L.    Historic Property Certificates of No Effect, Certificates of Appropriateness, Certificates of Demolition Approval, Certificates of Economic Hardship: No fee is required for an application for a Certificate of No Effect, a Certificate of Appropriateness, a Certificate of Demolition Approval or a Certificate of Economic Hardship.

Section 11: Sections 2-312 and 2-313 of Chapter 2, Division 9, of the Scottsdale Revised Code are hereby amended by deleting the existing language and substituting new language to read as follows:

Sec. 2-312. Membership.

The Scottsdale Historic Preservation Commission shall consist of seven (7) members, each of whom shall be appointed by the City Council. Each member shall have demonstrated special interest, knowledge or experience in at least one of the following: building construction, history, architectural history, architecture, historic architecture, planning archaeology, historic archaeology, real estate, historic preservation law or other historic preservation related field. At least one member should be selected from each of the following professions: Registered Architect, Real Estate Professional, Archaeologist, Historian.

Sec. 2-313. Purpose; powers and duties.

A.    The Commission is charged with developing a comprehensive Historic Preservation Program and assisting the City in becoming a Certified Local Government in Arizona.

B.    The Scottsdale Historic Preservation Commission shall:

1.    Establish a process for identifying Scottsdale’s historic, archaeological, and cultural resources;

2.    Develop recommendations to provide a variety of support and incentives, including funding concepts, to enhance and maintain significant historic and archaeological resources;

3.    Review proposed alterations to historic and archaeological resources through the Certificate of Appropriateness process;

4.    Identify resources and districts of historic significance in the City;

5.    Develop, maintain, and from time to time amend, plans for the preservation of resources of historic significance in the City;

6.    Establish standards necessary to preserve the historic character of resources designated historic;

7.    Establish and maintain the Scottsdale Historic Register; inventory historic properties, including archaeological resources, and recommend to the City Council designations for historic property districts;

8.    Establish guidelines for evaluation of historic and archaeological resources; provide public information and education on preservation;

9.    Coordinate resources and provide technical assistance;

10.    Develop criteria and review procedure;

11.    Promote revitalization of the City through preservation;

12.    Confer with other city, county, regional, State, and national historic preservation boards and commissions;

13.    Initiate programs for the restoration or rehabilitation of City-owned HISTORIC buildings;

14.    Advocate and recommend programs for the restoration or rehabilitation of privately owned HISTORIC buildings and the preservation of archaeological resources;

15.    Discourage, and work with City departments to prevent, unwanted demolition of historic buildings and structures, and the destruction of archaeological resources; and

16.    Develop partnerships with groups such as the Scottsdale Historical Society and the State Historic Preservation Office.

17.    Report its progress to the City Council twice a year.

Section 12: If any section, subsection, sentence, clause, phrase or portion of this ordinance or any part of the public record adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof.

PASSED AND ADOPTED by the Council of the City of Scottsdale this 6th day of July, 1999.

ATTEST:    CITY OF SCOTTSDALE, an Arizona municipal corporation

By:___________________________    By:_________________________________
    Sonia Robertson, City Clerk    Sam Kathryn Campana, Mayor

APPROVED AS TO FORM:

By:___________________________
Fredda J. Bisman, City Attorney