Section 6-10-9 Certificate of Appropriateness

6-10-9 Certificate of Appropriateness.

A Certificate of Appropriateness is required before commencing any exterior improvements or development, including alteration, restoration, renovation, reconstruction, new construction, demolition or removal, in whole or in part, of a landmark or property located within a Historic District, whether or not the work will require a building permit. Building permits for exterior work on landmarks or properties within Historic Districts shall not be issued without first obtaining a Certificate of Appropriateness. If a building permit is sought from the Town without a Certificate of Appropriateness, the issuance of the permit shall be deferred until after a Certificate of Appropriateness is issued by the Historic Preservation Commission.

A. Application Submittal and Review Procedure. An application for Certificate of Appropriateness 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 Certificate of Appropriateness, the applicant should consult with the Director to explain the application submittal requirements.

2. Application Submittal Requirements. An application for a Certificate of Appropriateness shall contain at a minimum the following:

a. Completed application form.

b. Location and description of property with photographs of areas affected by proposed project.

c. Filing fee.

d. A letter of intent describing the overall project specifically addressing architectural style, its compatibility within its context area, building materials, colors, exterior lighting, signage and landscaping if applicable.

e. Site plan identifying all existing and proposed structures.

f. Scaled illustrations showing all existing and proposed site improvements and conditions, landscaping, signage and building elevations.

g. Samples of all proposed exterior paints or stains and colors and samples of roof and other exterior materials to be used, with an explanation on how they relate to existing colors and materials.

h. If the proposal includes signs or lettering, a scale drawing showing dimensions, lettering, colors, materials and any illumination.

i. Any additional information which the Commission may require to visualize the proposed work.

3. Acceptance of Application. Upon receipt of an application for a Certificate of Appropriateness, the Director shall complete a preliminary review within five (5) working days to ensure that all the required materials have been submitted. Incomplete applications shall 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.

1. Upon receipt of a complete application for a Certificate of Appropriateness, 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 Certificate of Appropriateness, including a 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 in accordance with Town posting requirements.

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 subject property.

3. 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 seven (7) calendar days prior to the Commission’s public hearing. Commission members shall make every effort to inspect the property prior to the hearing.

4. At the hearing, concerned persons may present testimony and/or documentary evidence that will become part of the record of the hearing and the deliberations of the Commission.

1. It is the intent of this article to ensure, insofar as possible, that properties designated as a landmark or a property within a Historic District shall be in harmony with the architectural and historical character of the property or district.

2. When reviewing an application for a Certificate of Appropriateness, the Commission may approve, conditionally approve or deny a Certificate of Appropriateness based on the following:

a. The proposed work does not detrimentally alter, destroy or adversely affect any architectural or landscape feature; and

b. The proposed work will be compatible with the relevant historic, cultural, educational or architectural qualities characteristic of the structure, or district and shall include but not be limited to elements of size, scale, massing, proportions, orientation, surface textures and patterns, details and embellishments and the relationship of these elements to one another; and

c. The proposed work conforms to review guidelines and/or other applicable criteria; and

d. The exterior of any new improvement, building or structure in a designated Historic District or upon a landmarked site will not adversely affect and will be compatible with the external appearance of existing designated buildings and structures on the site or within a Historic District.

3. Review Guidelines and Criteria. The Commission may utilize the following documents and criteria as guidelines when considering an application for a Certificate of Appropriateness:

a. Approved design guidelines for a designated Historic District.

b. Secretary of the Interior’s Standards for Rehabilitation.

c. Secretary of the Interior’s Preservation Briefs and other information developed by U.S. Department of Interior Park Service, Arizona Historic Preservation Office, National Trust for Historic Preservation, National Alliance of Preservation Commissions, Association of Preservation Technology, and the Old House Journal.

d. Any other guidelines as adopted by the Town.

4. No change shall be made in the approved plans of a project after issuance of a Certificate of Appropriateness without resubmittal to the Commission and approval of the change in the same manner as provided for issuance.

5. A Certificate of Appropriateness expires six (6) months from the date of issuance unless substantial work is started within that time.

6. If work exceeds that specified in the Certificate of Appropriateness, the Certificate of Appropriateness shall be deemed to be revoked, a stop work order issued, and no further building activities shall be allowed until another Certificate of Appropriateness is applied for and issued by the Commission.

7. The Certificate of Appropriateness required by this article shall be in addition to any other permit(s) or review required for the proposed project.

1. No person shall demolish a landmark or contributing property within a Historic District or cause or permit such demolition to be done, nor shall any permit for such demolition be issued unless the demolition is approved by the Commission and a Certificate of Appropriateness is issued.

2. A landmark or contributing property may be demolished if:

a. The Chief Building Official has determined that an imminent safety hazard exists and that demolition of the structure is the only feasible means to secure the public safety; or

b. The Commission finds, after review, that maintenance, use and/or alteration of the designated property in accordance with the requirements of this article would cause immediate and substantial hardship on the property owner(s) because rehabilitation in a manner which preserves the historic integrity of the resource:

i. Is infeasible from a technical, mechanical, or structural standpoint; and/or

ii. Would leave the property with no reasonable economic value because it would require an unreasonable expenditure taking into account such factors as current market value, permitted uses of the property, and the cost of compliance with applicable local, state and federal requirements. Costs necessitated by the neglect or failure of the current owner(s) to maintain the property need not be considered in making this finding; or

iii. The Commission finds that the demolition of a contributing property would not have a substantial adverse impact on the historic significance or integrity of a Historic District.

3. The applicant shall bear the burden of proof for all findings required for approval of a Certificate of Appropriateness for demolition.

4. If demolition is approved, the Commission may require the property owners to publish notice at least ten (10) days prior to the scheduled demolition date, in a newspaper of general circulation, of the availability of materials for salvage. Upon request, the Commission may make this information available to persons who may be interested in contacting the owner(s) to arrange for possible salvage of historic building materials. ((O)06-20, 10/04/2006)