6-10-7 Historic Landmark Designation Process.
The Commission may designate as a landmark an entire property, an identified portion of a property, or one or more individual structures on a property.
A. Application Submittal and Review Requirements. An application for a landmark designation shall be submitted by the owner of the subject property or agent and involves the following steps:
1. Pre-Application Consultation. Prior to the submittal of an application for a landmark designation, the applicant should consult with the Director to explain the application submittal requirements.
2. Application Submittal Requirements. An application for a landmark designation shall contain at a minimum the following, any of which may be waived by the Director, as authorized by the Commission:
a. Completed application form.
b. Location and description of property.
c. Filing fee.
d. Statement or letter of authorization from the property owner, if different from the applicant.
e. An ownership map of property owners within three hundred (300) feet of the exterior boundaries of the subject property as shown on the last assessment of the property. A list of these property owners shall also be provided on mailing labels and keyed to the map showing the location of the identified properties.
f. A written description of the proposed property. Description should include special aesthetic, cultural, architectural, archaeological or engineering interest or value of a historic nature, including information about the architecture, notable construction features and other information indicating the historical significance of the property. Sketches, drawings, photographs, or other descriptive materials may be included.
g. A written statement of condition of property and/or structure(s) including any known threats thereto.
h. Other information as may be requested.
3. Incomplete applications may be returned to the applicant and not processed until all materials have been submitted. If all the required materials have been submitted, the application shall be considered complete and shall be accepted by the Director. Following acceptance of a complete application, the Director shall conduct a formal review and prepare a comprehensive report which shall be submitted to the Commission and made available to the applicant, media and general public at least seven (7) days prior to the Commission’s public hearing on the landmark application.
4. Upon acceptance of a complete application, no building or demolition permits affecting the proposed landmark shall be issued by the Town until the process as described herein has been completed and the Commission has made its decision.
B. Notice of Commission Hearing.
1. Upon receipt of a complete application for a landmark designation, the Chair shall place it on the agenda for a public hearing within thirty (30) days. Public notice of this hearing shall be given as prescribed herein.
2. The Town shall give notice of the date, time, and place of a public hearing for consideration of a proposed landmark, including general explanation of the matter to be considered and a general description of the area affected at least fifteen (15) days before the hearing in the following manner:
a. Publication at least once in a newspaper of general circulation in the Town.
b. Posting on the affected property so that the words “Public Hearing” and the date and time of the hearing are visible from a distance of one hundred (100) feet. It shall be the responsibility of the applicant to maintain the posting once erected.
c. Notification by first class mail shall be sent to each real property owner as shown on the last assessment of the property within three hundred (300) feet of the property to be landmarked.
d. In addition to notice by the means set forth above, the Town may give notice of the hearing in a specific case in such other manner as it deems necessary or appropriate.
e. As provided in A.R.S. 9-462.04(A)(7), or any successor statute, the failure of any person or entity to receive notice as set forth in the statute shall not constitute grounds for any court to invalidate the actions of the Town.
3. Persons with specific issues or concerns regarding a proposed landmark are encouraged to contact the Planning and Zoning Department in writing, by phone or in person prior to the hearing.
C. Landmark Designation Criteria. The Commission shall evaluate each structure, site, building or property within an area that is included in an application and may designate it as a landmark if it is determined to have historical or other cultural significance or integrity, and is suitable for preservation, using the following criteria:
1. Association with events that have made significant contributions to the broad patterns of our history.
2. Association with the lives of persons significant in our past.
3. Embodiment of distinctive characteristics of a type, period or method of construction, or representing the work of a master, or high artistic values or representing a significant and distinguishable entity whose components may lack individual distinctions.
4. Yielding information important in the understanding of the pre-history or history of our community.
5. Being at least fifty (50) years old, or having achieved significance within the past 50 years if the property is of exceptional importance.
6. Possessing integrity of location, design, setting, materials, workmanship, feeling or association.
D. Commission Public Hearing and Designation.
1. The Commission shall hold at least one public hearing on each landmark application. At the public hearing, the Commission shall review the proposal with consideration given to the review criteria. Approval, conditional approval or denial of a landmark application shall be based on the findings of the Commission as they relate to the criteria.
2. The Commission’s decision shall be final unless appealed to the Town Council as provided for in this article. A recommendation for approval may be subject to conditions as the Commission deems applicable.
E. One (1) Year Bar on Refiling. If the Commission denies an application, the Commission may refuse to accept another application for the same or substantially the same landmark on the same property or any part of it within one (1) year of the date the original application was filed on the same property or a portion of it.
F. Removal of Landmark. The procedure to remove a landmark status from a property shall be the same as the procedure to designate. However, in the case of removal of a landmark designation, the Commission may initiate the application.
G. Effect of Landmark Designation.
1. Upon approval of a landmark designation, the affected property shall be included in the Historic Property Register and on any other applicable documents as appropriate for its preservation.
2. Once approved, the historic landmark designation and applicable restrictions shall be recorded in the office of the Pima County Recorder as notice to all future owners of the designated property.
3. No person shall carry out any exterior alteration, restoration, renovation, reconstruction, new construction, demolition or removal, in whole or in part, on any landmark, without first obtaining a Certificate of Appropriateness from the Commission.
4. No person shall make any material change in the exterior appearance of any landmark, its color, materials, light fixtures, signs, sidewalks, fences, steps, paving or other elements which affect the appearance of the property without first obtaining a Certificate of Appropriateness.
5. Each property designated as a landmark shall be maintained in good condition and faithful to its historic character.
6. Nothing in this article shall be construed to prevent normal maintenance and repair, which does not involve change in the exterior design, material, color or appearance. ((O)08-16, 09/03/2008; (O)06-20, 10/04/2006)