6-10-8 Historic District Designation.
A. A rezoning approval is required in order to receive a Historic District designation.
B. The Historic District is an overlay zone in which designated properties retain the uses of and are subject to the regulations of the underlying zoning. The underlying zoning which relates primarily to land use and density, continues to be administered by the Planning and Zoning Commission. The Historic Preservation Commission administers the regulations as they relate to the Historic District designation.
C. The Commission, the Planning and Zoning Commission, Town Council, a property owner or agent of property owner of the area subject to the request may initiate a request to rezone to a Historic District.
D. Application Submittal and Review.
1. Pre-Application Consultation. A pre-application consultation between the applicant and the Director is required in order for the Director to explain the rezoning review process and application submittal requirements.
2. Application Submittal Requirements. In addition to the submittal requirements set forth in Oro Valley Zoning Code Revised Section 22.3, all Historic District rezoning applications shall include the following:
a. Written description of the proposed Historic District. Description should include approximate construction dates, special aesthetic features, 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.
b. Identification of prospective Contributing Properties and how they each meet one or more of the Historic District criteria.
c. Current sketches, photographs or drawings.
d. Statement of condition of all structures.
e. Explanation of any known threats to any property or structures involved.
E. Notice of Public Hearing.
1. Notice of the Commission’s public hearing shall be the same as set forth in the Oro Valley Zoning Code Revised Section 22.3.
2. Upon publication of notice required above, no person shall make any material change in the exterior appearance of any property affected by said notice, its color, materials, light fixtures, signs, sidewalks, fences, steps, paving or other elements which affect the appearance of the property until the finalization of the designation process described in this article; provided, that nothing in this section shall be construed to prevent normal maintenance and repair that does not involve changes in exterior design, material, color or appearance.
F. Historic District Designation Criteria. Each structure, site, building or property within an area that is included in a Historic District rezoning application will be evaluated using the following criteria to determine if it has historical or other cultural significance or integrity and is suitable for preservation:
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 the community.
5. Being at least fifty (50) years old, or having achieved significance within the past fifty (50) years if the property is of exceptional importance.
6. Possessing integrity of location, design, setting, materials, workmanship, feeling or association.
G. Adoption of Historic District.
1. Action by the Historic Preservation Commission. Upon completing its public hearing on the Historic District application, the Historic Preservation Commission shall transmit its recommendation to the Planning and Zoning Commission.
2. The Historic Preservation Commission’s recommendation shall include the following:
a. A map showing the proposed boundaries of the Historic District and identifying all structures within the boundaries, including classification as contributing or noncontributing.
b. An explanation of the significance of the proposed district and description of the cultural resources within the proposed boundaries.
c. A set of findings documenting the recommendation of the Historic Preservation Commission.
d. Proposed design guidelines for applying the criteria for review of Certificate of Appropriateness to the nominated Historic District.
e. The recommendations of the Historic Preservation Commission may include reasonable additional conditions and/or modifications to the proposed district property boundaries as deemed necessary to promote the purpose of the District.
3. Action by the Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing to consider the Historic Preservation Commission’s recommendations. Following conclusion of its public hearing, the Planning and Zoning Commission shall transmit its recommendation and the recommendation of the Historic Preservation Commission to Town Council.
4. Action by the Town Council. The Town Council shall hold a public hearing to consider the recommendations of the Historic Preservation and Planning and Zoning Commissions. Following conclusion of its public hearing, the Council may approve the Historic District as recommended or in a modified form, stipulating those conditions it deems necessary to carry out the purpose of this district and this code.
5. Documentation. The appropriate supporting statements, design guidelines and documents submitted with the application for a Historic District shall be considered by the Council and included in any ordinance establishing the Historic District.
6. Recordation. Once approved, the Historic District designation and applicable restrictions shall be recorded in the office of the Pima County Recorder as notice to all future property owners within the Historic District.
H. Effect of Historic District Designation.
1. Upon approval of a Historic District designation by the Town Council, the affected property(ies) shall be included in the Historic Property Register and on any other applicable documents as appropriate for its preservation. The Town’s zoning map shall be updated to reflect the new zoning district boundaries. The Town’s parcel information database shall be updated to include those properties identified within the Historic District as contributing and noncontributing.
2. No person shall carry out any exterior alteration, restoration, renovation, reconstruction, new construction, demolition or removal, in whole or in part, without first obtaining a Certificate of Appropriateness from the Commission.
3. No person shall make any material change in the exterior appearance of a designated property, 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.
4. Each property designated as a contributing property shall be maintained in good condition and faithful to its historic character.
5. Nothing in this article shall be construed to prevent normal maintenance and repair that does not involve change in exterior design, material, color or appearance.
6. In addition to any other required review and/or approval, any proposed construction within a Historic District shall also be subject to Commission review according to any design guidelines which may have been applied to that District and other applicable criteria. ((O)08-16, 09/03/2008; (O)06-20, 10/04/2006)