Chapter
14A
HISTORIC
PRESERVATION[1]
Sec.
14A-1. Purpose and intent.
The intent of this chapter is to
provide protection for significant properties and archeological sites which
represent important aspects of
(Ord.
No. 95.35, 11-9-95; Ord. No. 2004.42, 1-20-05)
Sec.
14A-2. Definitions.
The language of the definitions in this
chapter shall be interpreted so as to convey the same meaning as in common
usage, thereby giving this chapter its most reasonable application.
Alteration means any aesthetic, architectural,
mechanical or structural change to the exterior surface of any significant part
of a designated property.
Archeologically
sensitive means a property which includes known or suspected archeological
sites.
Archeological
site means a site that
has yielded, or exhibits the promise of yielding, information important in the
understanding of human prehistory or history.
Such information may consist of evidence of past human life, habitation
or activity, as well as material remains.
archeology, engineering and culture.
Such qualities may be present in districts, sites, buildings, structures
and objects that possess integrity of location, design, setting, materials,
workmanship, feeling and association; and also:
(1) Are associated with events that have made a
significant contribution to the broad patterns of history;
(2) Are associated with the lives of
historically significant persons;
(3) Are the embodiment of a distinctive
characteristic(s) 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) Have yielded, or may be likely to yield,
information important in prehistory or history.
Building means any structure created to shelter
any form of human activity, such as a house, church or hotel; may also refer to
a related complex such as a courthouse and jail, or a house and barn.
Certified
Local Government (CLG)
means a federal program, the aim of which is to decentralize the national
historic preservation program by assigning decision-making to the states and,
ultimately, to local governments.
Applications for certification are reviewed by the state historic
preservation officer and must document, at a minimum, establishment of an
historic preservation commission with specific membership and duties, adoption
of an historic preservation ordinance and development of an historic
preservation plan.
Commission means the historic preservation
commission of
Compatibility means a pleasing visual relationship
between elements of a property, building, or structure, or among properties,
buildings and structures, or with their surroundings. Aspects of compatibility may include, but are
not limited to, proportion, rhythm, detail, texture, material, reflectance and
architectural style.
Contributing
property means a
classification applied to an individual property within a designated historic
district, signifying that the property contributes generally to the distinctive
character of the district; or an archeological site.
Demolition means the act or process that destroys a
designated property.
Designated
property means any
property which has been classified as a landmark, historic property or
contributing property within an historic district.
Distinctive
character means the
distinguishing architectural and aesthetic characteristics of a landmark or
historic property, or those generally found throughout an historic district,
which fulfill the criteria for designation.
Historic
district means a
designation, in the form of overlay zoning, applied to all properties within an
area with defined boundaries, as a result of formal adoption by the city council, which express a
distinctive character worthy of preservation.
An historic district may also include or be composed of one or more
archeological sites.
Historic
eligible means a property which appears to meet the criteria for
designation.
Historic
preservation officer (HPO)
means a city staff member appointed by the community development manager to
serve as secretary to the historic preservation commission, maintain the
Historic
preservation plan means
a document, formally adopted by the city council, containing goals and policies
regarding historic preservation within the city.
Historic
property means a
designation, in the form of overlay zoning, applied to an individual property,
as a result of formal adoption by the city council, which expresses a
distinctive character worthy of preservation, or an archaeological site.
Landmark means a designation, in the form of
overlay zoning, applied to an individual property, as a result of formal
adoption by the city council, which has achieved significance within the past
fifty (50) years and which expresses a distinctive character worthy of
preservation and which otherwise fulfills or exceeds the criteria for
designation as an historic property.
National
register of historic places[3] means the national register of historic
places as established by the Historic Sites Act of 1935 (16 U.S.C. § 461 et
seq.) and expanded by the National Historic Preservation Act of 1966, (16
U.S.C. § 470 et seq.) as amended. It is
the nation's official listing of prehistoric and historic properties worthy of
preservation. It affords protection and
recognition for districts, sites, buildings and structures significant in
American history, architecture, archeology, engineering and culture. This significance can be at the local, state
or national level. The national register
serves both as a planning tool and as a means of identifying buildings, sites and
districts that are of special significance to a community and worthy of preservation. The criteria for evaluation of potential
national register properties generally encompass the quality of significance in
American history, architecture, archaeology, engineering and culture. Such qualities may be present in districts,
sites, buildings, structures, 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;
(2) That are associated with the lives of
persons significant in our past;
(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.
Noncontributing
property means a
classification applied to an individual property located within a designated
historic district, signifying that the property does not contribute to the
distinctive character of the district.
Such properties are subject only to the provisions of this chapter
regarding new construction, including general landscape character, and only
when the amount of new construction equals or exceeds twenty-five percent (25%)
of the land area or building ground floor area of the property at the time of
its identification as noncontributing.
Ordinary
maintenance and repair
means regular or usual care, upkeep or replacement of any part, or putting back
together that which is deteriorated or broken, of an existing property,
building or structure to effect the maintenance of a safe, sanitary and stable
condition.
Owner means the legal ownership entity of an
individual parcel or property, as recorded with
Parcel means land identified as a separate lot
for purposes of the subdivision and zoning regulations of the city and so
recorded with
Preservation
covenant means a deed
restriction, filed with
Preservation
easement means the
nonpossessory interest of a holder in real property, said property being a
designated property, imposing limitations or obligations to preserve the
distinctive character of that property, or a specified portion thereof.
Property means building(s), structures(s) or
other improvements, or an archeological site, associated with a particular
parcel or location.
Secretary
of the interior's standards for the treatment of historic properties means standards developed and adopted,
as amended, by the secretary of the interior of the
Significant means having aesthetic, architectural or
historical qualities of critical importance to the consideration of a property,
building or structure for classification as a designated property.
Structure means anything built, constructed or
erected, or any piece of work artificially built-up or composed of parts joined
together in some definite manner, the existence of which requires a permanent
or semi-permanent location on or in the ground, including, but not limited
to: bridges, dams, walls, fences,
gazebos, garages, advertising signs, communications towers, sculpture,
monuments, recreational facilities and water distribution systems.
(Ord.
No. 95.35, 11-9-95; Ord. No. 97.20, 4-10-97; Ord. No. 2000.25, 6-15-00; Ord.
No. 2001.17, 7-26-01; Ord. No. 2005.18, 4-7-05)
Sec.
14A-3. Historic preservation commission;
historic preservation officer.
(a) The
(b) The
commission shall consist of seven (7) members and no more than two (2)
alternates, meeting certain qualifications as set forth below, appointed by the
mayor and approved by the city council.
(1) All members shall be
(2) The commission shall be composed of three
(3) at-large members and four (4) professionals, drawn from the following
disciplines, with no more than two (2) such professionals from the same
discipline: architecture, architectural
history, archeology, historic preservation law, history, landscape
architecture, planning, building construction, or other related field.
(c) Members
shall serve a term of three (3) years, except that two (2) of the initial
members shall, upon appointment, be designated to serve terms of two (2) years
each. In addition, two (2) other initial
members shall be designated to serve first terms of one year. Those subsequently appointed shall serve
regular terms of three (3) years.
Members may be reappointed, but shall serve not more than two (2)
complete, consecutive terms. If a
commission member accumulates three (3) consecutive unexcused absences, the
matter will be referred to the mayor's office for resolution. Members of the commission shall serve
voluntarily and without compensation.
(d) The
(e) Whenever
a member is unable to attend or must decline participation due to a conflict of
interest, that member shall give timely notice to the HPO or chair of the
commission. In the event that a
sufficient number of members, including alternates, are not available to
constitute a
quorum, the HPO or the Tempe historical museum administrator or designee is
authorized to act as a member on consent agenda items only, and only to the
extent that this presence constitutes a quorum.
(f) Four
(4) members shall constitute a quorum of the commission; the concurring vote of
four (4) members shall be necessary for any action of the commission on any
matter.
(g) Conflict
of interest of commission members is governed by Arizona Revised Statutes,
applicable judicial decisions and opinions of the city attorney.
(h) The
commission shall elect, from within its own membership, a chair and vice-chair.
(i) The
commission shall hold a minimum of four (4) public meetings/hearings per
year. Special meetings may be called at
the discretion of the commission chair or four (4) or more members of the
commission. The minutes of its
proceedings, indicating the vote of each member and records of its examinations
and other official actions shall be kept and filed in the offices of the community
development department and the city clerk as part of the public record.
(j) The
commission shall adopt rules of procedure consistent with the provisions of
this chapter for the performance of its duties.
(k) Commission
duties and activities shall include the following:
(1) Reviewing applications for the designation
of landmarks, historic properties and historic districts and making
recommendations to the development review commission, such review shall be
based on the criteria as specified in § 14A-4 of this chapter;
(2) Reviewing and making decisions on
applications for proposed alterations, new construction, demolition or removal
affecting landmarks, historic properties or properties located within an
historic district; such review shall be based on the criteria as specified in §
14A-6 of this chapter;
(3) Making recommendations to the city council
concerning the use of federal, state, city or available private funds to
promote the preservation of properties and districts within the city, including
acquisition, the awarding of such sub-grants as may become available and the requiring
of preservation covenants, as well as the acquisition of preservation
easements;
(4) Recommending to the city council and other
applicable boards and commissions, changes in the Zoning and Development Code,
building code, general plan or other local laws as may enhance the purposes of
this chapter;
(5) Cooperating with representatives designated
by the property owners of the district from designated historic districts to
formulate design guidelines for alterations and new construction within their
districts;
(6) Initiating and conducting detailed studies
and surveys of properties, structures and areas within the city and assess
their potential for designation, and in order to formulate an historic
preservation plan for the city; and
(7) Developing and participating in public
information activities in order to increase public awareness of the value of
historic preservation, and perform other functions that will encourage or
further the interests of historic preservation.
(l) The
(1) Serving
as secretary to the historic preservation commission, facilitating its efforts
and, with other city staff as necessary, providing administrative support;
(2) Accepting applications for designations and
proposed alterations, new construction, demolition or removal;
(3) Acting as intermediary between the
commission and other city regulatory functions;
(4) Providing technical and background
information to the commission and public, as required;
(5) Approving proposed alterations, new
construction, demolition or removal affecting landmarks, historic properties
and properties within historic districts, in the instance of such work being
obviously minor in nature and impact, or in cases of imminent public hazard,
and reporting such approvals to the commission;
(6) Preparing annual written reports of
commission activities that are submitted to the state historic preservation
officer (SHPO) and made available to the public. The reports shall contain, at a minimum,
minutes of meetings, decisions made, special projects and activities, the
number and type of cases reviewed, current resumes of commission members and
member attendance records; and
(7) Maintaining the
(Ord.
No. 95.35, 11-9-95; Ord. No. 97.20, 4-10-97; Ord. No. 2000.25, 6-15-00; Ord.
No. 2001.17, 7-26-01; Ord. No. 2004.42, 1-20-05; Ord. No. 2005.18, 4-7-05; Ord.
No. 2006.01, 1‑5‑06)
Sec.
14A-4. Designation of landmarks,
historic properties and historic districts.
(a) The
following criteria are established for designation of an individual property,
building, structure or archeological site:
(1) It meets the criteria for listing on the
(2) It is found to be of exceptional
significance and expresses a distinctive character, resulting from:
a. A significant portion of it is at least
fifty (50) years old; is reflective of the city's cultural, social, political
or economic past; and is associated with a person or event significant in
local, state or national history; or
b. It represents an established and familiar
visual feature of an area of the city, due to a prominent location or singular
physical feature; or
(3) If it has achieved significance within the
past fifty (50) years, it shall be considered eligible for designation as a
landmark if it is an integral and critical part of an historic district or
demonstrates exceptional individual importance by otherwise meeting or
exceeding the criteria specified in paragraphs (1) or (2) of this subsection
above. At such time as a landmark
becomes fifty (50) years old, it will automatically be reclassified as an
historic property.
(b) The
following criteria are established for designation of an historic district:
(1) The district consists of an area in which
are located a substantial concentration of properties, buildings or structures
which individually meet the criteria in subsection (a) of this section above,
as well as others which contribute generally to the overall distinctive
character of the area, and are united historically or visually by plan or
physical development; district boundaries coincide with documented historic
boundaries such as early roadways, canals, subdivision plats or property lines;
other district boundaries coincide with logical physical or man-made features
and reflect recognized neighborhood or area boundaries; and other
noncontributing properties or vacant parcels are included where necessary to
create appropriate boundaries; or
(2) A district may also include or be composed
of one or more archeological sites.
(c) The designation process is as follows:
(1) Application for the designation of a
landmark, historic property or historic district shall be made by the owner of
such real property, or of property located within the boundaries of such
proposed district, situated in the city, or by any officer, department, board,
commission or the city council, with the HPO at the community development
department, on such form(s) and accompanied by such fee(s) as may be adopted;
(2) Any such application for designation, as
described in paragraph (1) of this subsection above, shall also be accompanied
by:
a. A vicinity ownership map showing all
parcels in the vicinity adjacent to, including and surrounding the proposed
designated property or district, within a radius of three hundred (300) feet
from the external boundaries of the property or district; each such parcel
shall be designated by a number to correspond with the ownership/tenant list
described in subparagraph b. of this paragraph below;
b. A typed or legibly printed list containing
names and mailing addresses, including zip codes, of owners of parcels as
described in subparagraph a. of this paragraph above, and identified by the
same number as on the vicinity ownership map, and the names and addresses,
including zip codes, of any tenants associated with the described parcels;
c. An accurate legal description or parcel
number(s) as recorded with Maricopa County, of the proposed designated property
or properties within the proposed historic district; and
d. A
written description of the proposed designated property or historic district,
addressing the pertinent criteria, as described in subsections (a) and (b) of
this section;
(3) The HPO shall then place the request on the
next available agenda of the commission for a public hearing. Upon request by the applicant, a special
meeting may be called at the discretion of the chair of the commission, or by
four (4) or more commission members;
(4) Upon receipt of an application and
placement on the next available commission agenda, the HPO shall compile and
transmit to the commission a complete report on the subject property or
district. This report shall address the
location, condition, age, significance and integrity of historic features and
identify potential contributing and noncontributing properties and other
relevant information, together with a recommendation to grant or deny the
application and the reasons for the recommendation;
(5) At a public hearing, the commission shall
review the application based on the applicable criteria in subsections (a) and
(b) of this section, together with the HPO report, and make a recommendation to
the development review commission. Any
recommendation for approval may be subject to such conditions as the historic
preservation commission deems applicable in order to fully carry out the
provisions and intent of this chapter;
(6) Once forwarded to the development review
commission, a public hearing shall be set and conducted according to the
applicable procedures for amendment, as described in Section 6-304 of the Zoning
and Development Code;
(7) After such public hearing, the development
review commission shall make a report and recommendation to city council. The city council shall then set a public
hearing on the application in accordance with subsection (e) of this section;
and
(8) The recommendation of approval of any designation
by the historic preservation commission shall be void if the designation has
not been adopted by the city council within one year of the commission's
action.
(d) Notification
of public hearings is established as follows:
(1) For a designation request, the community
development department shall deposit in the U.S. mail, not less than fifteen
(15) calendar days prior to the date of each public hearing of the historic
preservation commission, a notice of the date, time and place of the hearing, and
a summary of the request, to each affected property owner and tenant, per a
list provided by the applicant. Final
delivery of such notices shall not be the responsibility of the city. Notice shall be given as follows:
a. For
a landmark or historic property request, "affected property owners and
tenants" shall be those within three hundred (300) feet of the subject
property; or
b. For an historic district request,
"affected property owners and tenants" shall be those within the
boundaries of the proposed district and within three hundred (300) feet
external to those boundaries;
(2) The community development department shall
erect, not less than fifteen (15) calendar days prior to the date of the public
hearing, a notice, visible from a public way and clearly legible, of the date,
time and place of the hearing, and a summary of the request. It shall not be the responsibility of the
city to maintain the notice after it has been placed. Notice shall be given as follows:
a. For a landmark or historic property
request, such notice shall, wherever possible, be placed adjacent to the
subject property in the right-of-way of a public street or road; or
b. For an historic district, such notice
shall, wherever possible, be placed at no fewer than four (4) conspicuous
locations within the district and at its external boundaries;
(3) The community development department shall
submit the request for publication in the official newspaper at least once, no
fewer than fifteen (15) days prior to the public hearing of the commission; and
(4) Notification pertaining to a proposed text
amendment to this chapter shall comply with paragraph (3) of this subsection
above, only.
(e) The
city council will, upon receipt of an application and accompanying decision and
report from the development review commission, hold a public hearing to
consider the application. Notification
for such hearing shall be as specified in subsection (d) of this section
above. At the public hearing, the city
council may do one of the following:
(1) Adopt the request per the recommendation of
the development review commission;
(2) Modify the recommendations and adopt the
request as modified;
(3) Deny the request; or
(4) Remand the request to the development review
commission for further proceedings.
(f) If
the owners of twenty percent (20%) or more either of the area of the parcels
included in a proposed historic district, or of those immediately adjacent in
the rear or any side thereof extending one hundred fifty (150) feet therefrom,
or of those directly opposite thereto extending one hundred fifty (150) feet
from the street frontage of the opposite parcels, file a protest in writing
against a proposed designation, it shall not become effective except by the favorable
vote of three-fourths (3/4) of all members of the city council. Such protest shall be filed with the city
clerk prior to or at the time of the public hearing of the council. If any members of the city council are unable
to vote on such a question because of a conflict of interest, then the required
number of favorable votes for passage of the question shall be three-fourths
(3/4) of the remaining membership of the council, provided that such required
number of votes shall in no event be less than a majority of the full
membership of the council.
(g) The
effects of designation are as follows:
(1) If adopted by the city council, a landmark,
historic property or historic district shall be designated by the application
of the corresponding overlay zoning district and referenced by the
"H" symbol on a map of the city, to be issued by the community
development department;
(2) Any uses permitted by the existing,
underlying zoning classifications which apply to a landmark, historic property
or historic district, shall be permitted.
Such designated properties and districts are subject to the provisions
of this chapter, as well as to applicable provisions of the Zoning and
Development Code and the general plan; and
(3) Subsequent to designation of an historic
district, the historic preservation commission shall, in cooperation with
representatives from the district, and in order to preserve and enhance the
distinctive character of the district, adopt design guidelines which shall
apply only to the exterior features and general character of contributing
properties and alterations thereto, as well as any other new construction
within the district as follows:
a. District
design guidelines will address general aspects such as building materials,
massing, scale and proportion of openings and other features, orientation and
relative position of buildings and landscape character; as well as specific
aspects such as roof forms, textures, color theme, character of signage, window
and door types, and other details relative to architectural styles evident in
the district;
b. District design guidelines will not
regulate maximum building height, maximum lot coverage, minimum setbacks,
required landscaping, required parking, allowable signs or other provisions of
the Zoning and Development Code; and
c. Following designation of an historic
district, and until such time as district-specific design guidelines can be
adopted, the commission shall refer to such professional or commonly recognized
standards as may be appropriate and available.
(h) The
procedure to remove landmark, historic property or historic district
designation and corresponding overlay zoning shall be the same as the procedure
to designate, as specified in subsections (c), (d), (e) and (f) of this
section.
(i) No
landmark, historic property or historic district, having been nominated for
designation, or removal of designation, shall be renominated within one year
from the date of previous nomination.
(j) The procedure
and effects of classification of a property as historic eligible shall be as
follows:
(1)
The HPO shall prepare a list of proposed properties, with
applicable supporting information, for consideration by the commission and
schedule a public hearing; notification of such hearing is established as
follows:
a. The community
development department shall deposit in the U.S. mail, not less than fifteen
(15) calendar days prior to the date of the public hearing of the commission, a
notice of the date, time and place of the hearing, and a summary of the
proposed action, to each affected property owner, per currently available
ownership information. Final delivery of
such notices shall not be the responsibility of the city; and
b. The community
development department shall submit the notice for publication in the official
newspaper at least once, no fewer than fifteen (15) calendar days prior to the
public hearing of the commission;
(2)
At a public hearing, the commission shall review the proposed
properties and assess their potential to meet the applicable criteria for
designation, as described in subsection (a) of this section; and
(3)
Upon approval by the commission, any properties classified as
historic eligible shall be identified as such in the records of the community
development department and subject to the requirements described in
§ 14A-6(f) and § 14A-7(j) of this chapter.
(k) The procedure
and effects of classification of a property as archeologically sensitive shall
be as follows:
(1)
The HPO shall prepare a list of proposed properties, with
applicable supporting information, for consideration by the commission at a
regularly scheduled public meeting; and
(2) Upon
approval by the commission, any properties classified as archeologically
sensitive shall be identified as such in the records of the community
development department and subject to the requirements described in
§ 14A-6(g) and § 14A‑7(k) of this chapter.
(Ord.
No. 95.35,
Sec.
14A-5. Historic property register.
(a) The
(b) Supplemental to the
historic property register shall be the lists of properties classified as
historic eligible and archeologically sensitive. These lists, as may be amended from time to
time, shall be maintained by the HPO and available for public reference at the community
development department and the city clerk.
(Ord.
No. 95.35,
Sec.
14A-6. Guidelines, standards and process
for review of alteration or new construction.
(a) When
a building permit or other permit or approval is sought from the city to alter,
remodel, build or otherwise develop or landscape property designated as a
landmark, historic property, or that is located within a designated historic
district, issuance of the permit or approval shall be deferred until after
approval has been obtained from the historic preservation commission, or in the
cases of work obviously minor in nature or of no effect to the property or
district, the HPO. The issuance of such approval
indicates conformance with the provisions and intent of this chapter only and
does not imply approval by other city regulatory agencies.
(b) Review
by the commission of a request for approval of proposed alteration or new
construction shall require submittal to the HPO of:
(1) An application, on such form(s) and
accompanied by such fee(s) as may be adopted;
(2) Photographs of the existing property;
(3) Drawings, to approximate scale, of the site
plan, floor plan(s) and elevations of the proposed work, indicating materials and
color scheme;
(4) If signage is part of the proposed work,
drawings, to approximate scale, showing the size and location of proposed
signage, type of lettering to be used and indication of color and type of
illumination, if any; and
(5) Any other information which the applicant
or the commission may reasonably deem necessary to review the proposed work.
(c) The
commission shall consider the request at its next available regularly scheduled
or special public meeting. Approval or
denial shall be based on the following criteria:
(1) Proposed work on any portion of a landmark
or historic property shall be compatible with the recognized distinctive
character of the overall property;
(2) Proposed
work on any portion of a contributing property within an historic district
shall be compatible with the recognized distinctive character of the property
itself, as well as with that of the overall district, as determined by
conformance with adopted design guidelines of the district;
(3) Proposed new work within an historic
district shall be compatible with the recognized distinctive character of the
district, as determined by conformance with adopted design guidelines of the
district; and
(4) If federal funds, in the form of grants,
tax incentives or other programs, are employed, directly or indirectly, in
financing proposed work, the secretary of the interior's standards for the
treatment of historic properties shall be applicable, in addition to the
criteria specified in paragraphs (1) through (3) of this subsection above.
(d) The
commission shall act to approve, deny, conditionally approve or continue an
application at the public meeting at which it is initially reviewed. The HPO shall issue and record a notice of
approval or denial and specify the reasons for, and any conditions of, the
commission's action.
(e) Approval
of an application by the commission or HPO shall be valid for a period of one
year from the date of approval.
(f) When a permit or
other approval is sought from the city to alter, remodel, build or otherwise
develop or landscape property classified as historic eligible, issuance of the
permit or approval shall be subject to clearance by the HPO. Such clearance shall be issued within thirty
(30) calendar days from the date of application, during which time the HPO will
assess potential
adverse impact, suggest alternatives, and may consult with the commission and
city council. If, by the end of the
thirty (30) day period, no clearance has been issued or no alternative,
agreeable to the applicant, has been suggested, the original request shall be
granted, provided all other applicable requirements have been met.
(g) When a permit
or other approval is sought from the city to alter, remodel, build or otherwise
develop or landscape property classified as archeologically sensitive, the
applicant shall be advised as to the status of the property, potentially
applicable state and federal requirements, and suggested course(s) of
action. In the case of city-owned
property or right-of-way, applicable state and federal requirements shall
determine the appropriate course of action.
(Ord.
No. 95.35,
Sec. 14A-7. Demolition and removal