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HomeMy WebLinkAboutPackets - Historic Preservation Commission (103) AGENDA Oro Valley Historic Preservation Commission Monday, August 13, 2007 Town of Oro Valley Council Chambers 11000 N. La Canada Drive CALL TO ORDER: at of after 6:00 p.m. ROLL CALL CALL TO THE AUDIENCE I. Approval of minutes of July 9, 2007, meeting. II. Historic Preservation Commission elections for Chair and Vice-Chair III. Progress Report on Steam Pump Ranch ■ Presentation by Poster Frost Associates IV. Progress Report on Steam Pump Ranch Acquisition and Emergency Stabilization: ■ Site Acquisition Update ■ Emergency Stabilization Status report ■ Master Planning Process ■ Steam Pump Ranch Celebration update V. Santa Cruz Valley Heritage Alliance presentations: ■ Presentation by Vanessa Bechtol, staff planner for Santa Cruz Valley Heritage Alliance. VI. Discussion and possible action on Commission Member participation in Santa Cruz Valley Heritage Alliance: ■ Possible nomination of HPC Commission member to Santa Cruz Valley Heritage Alliance, subsequent to Town Council approval. VII. Discussion and possible action on staggered terms schedule for each Commissioner VIII. Discussion and possible action on Commission Workplan with Staff recommendations (Oro Valley Town Code, Chapter 6, Article 6-10-50. IX. Discussion and possible action regarding Arizona Centennial 2012 Legacy Project Designation X. Discussion and possible action regarding letter of support to Pima County 2008 Bond project proposals XI. Announcements XII. Items for future agendas M XI. Adjournment Posted: 08 07 07 2:30 p.m. cp The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person(s) with a disability needs any type of accommodation, please notify the Town Clerk's office at (520) 229-4700. Notice of Possible Quorum of the Oro Valley Town Council and the Planning and Zoning Commission: In accordance with Chapter 3, Title 38, Arizona Revised Statutes and Section 2-4- 2 of the Oro Valley Town Code, a majority of the Town Council may attend the above referenced meeting as a member of the audience only. APPROVED MINUTES Oro Valley Historic Preservation Commission Monday, August 13, 2007 Town of Oro Valley Council Chambers 11000 N. La Canada Drive CALL TO ORDER: at of after 6:00 p.m. ROLL CALL PRESENT: Vice Chair Bob Baughman Commissioner Jim Kriegh Commissioner Salette Latas Commissioner Pat Spoerl Commissioner Sybil Needham Commissioner Marilyn Cook ABSENT: Chair Pam Sarpalius ALSO PRESENT: Paul Loomis, Mayor Al Kunisch, Council Member Lexa Mack, Civil Attorney Pamela Pelletier, Planner Vice Chair Baughman called for a moment of silence in memory of Jesse Latas, Salette Latas' son. CALL TO THE AUDIENCE: Opened and closed at 6:02 p.m. with no speakers. I. Approval of minutes of July 9, 2007, meeting. MOTION: Commissioner Cook MOVED to approve the minutes from the July 9, 2007, Historic Preservation Commission meeting. Commissioner Latas seconded the motion. Discussion: Item#5, first sentence add the following: "based upon the request from the Pima County Cultural Resource Program." Item#7, sentence two, "The dome is an historical relic, but the building is not and would probably not qualify as an historic landmark." The Commission does not know the date of construction of the building and the property has not been subjected to the evaluation criteria that are in the Town Historic Preservation Ordinance. This is an opinion and should be struck from the minutes. The Motion carried with the above corrections (6:0). II. Historic Preservation Commission elections for Chair and Vice-Chair MOTION: Commissioner Jim Kreigh MOVED to nominate Vice Chair Baughman as Chair. There being no other nominees,Vice Chair Baughman called for a roll call vote. Motion carried (6:0). MOTION: Commissioner Jim Kreigh MOVED to nominate Commissioner Salette Latas as Vice Chair. There being no other nominees, Chair Baughman called for a roll call vote. Motion carried (6:0) III. Progress Report on Steam Pump Ranch Corky Poster, Poster Frost Associates, presented the current schedule for the Steam Pump Ranch Assessment, Emergency Repairs and Master Plan. (See copy attached.) He is looking for input from the public and the Commissioners on anything they felt was important to the project. Poster Frost will be establishing a preservation base line regarding the property and every building on site. The intent is to show alternative scenarios and recommend a preferred plan at the final meeting. Chair Baughman said it was important for the Commission to know about the non-historic buildings as well as the historic ones, because their uses are broader. Mr. Poster pointed out that there were no "rules" about how to use the buildings. IV. Progress Report on Steam Pump Ranch Acquisition and Emergency Stabilization: Mr. Poster showed slides of the work being done for the emergency stabilization. Oro Valley staff and volunteers from SAHBA have done the major work. Attorney Mack reported that the site acquisition final order has been signed and recorded as of July 16, 2007, so the site is now the property of the Town of Oro Valley. Ms. Pelletier reported that the emergency stabilization will be completed this week with the plywood cap to protect the Steam Pump building from the rain. The 1870' house roof repair has also been completed. The Master Planning meeting will follow the Wednesday afternoon celebration. V. Santa Cruz Valley Heritage Alliance presentations: Vanessa Bechtol, staff planner for Santa Cruz Valley Heritage Alliance gave a presentation on the organization and opportunities to participate with the Alliance. • A non-profit organization incorporated in 2004 to connect people with the cultural, historic and natural resources of the Santa Cruz Valley. • Projects: heritage tourism, education, and foods, and a Heritage Experience of the Santa Cruz Valley map. • Santa Cruz Valley heritage foods map • A heritage food festival is being planned. • Working on a Federal designation as a National Heritage Area. 2 • The designation funds can be used to support a variety of projects selected locally. Ms. Bechtol can be reached at: Vanessa Bectol, Programs Manager SCVHA P. O. Box 3445 Tucson, AZ 85722 (520) 429-1394 vannessa@santacruzheritage.org www.santacruzheritage.org VI. Discussion and possible action on Commission Member participation in Santa Cruz Valley Heritage Alliance: Options for Commissioners participating in the Santa Cruz Valley Heritage Alliance: Option 1: Have a member of the Commission apply to serve on the Board of Directors. The commitment would be participation on at least one of five committees and attendance to at least six board meetings. Board meetings are monthly on Friday mornings in Green Valley. Option 2: Appoint a government liaison to serve at the Santa Cruz Valley Heritage Alliance and who would participate at board meetings, but not be expected to attend every one. The money for the Alliance comes from government grants, Marana, Pima County, Tucson Convention Bureau, Town of Oro Valley, Tucson City. The current annual budget is just under $100,000. VII. Discussion and possible action on staggered terms schedule for each Commissioner Per Mayor Loomis requested terms be staggered and to determine who take what length term. A drawing was conducted for term length and the following was determined. Term expiration dates: 7/30/08 —Marilyn Cook and Sybil Needham 7/30/09—Vacancy and Pat Spoerl 7/30/10— Salette Latas and Bob Baughman Chair Baughman will prepare a memo to Town Council regarding the update of terms for the Commission. VIII. Discussion and possible action on Commission Workplan with Staff recommendations (Oro Valley Town Code, Chapter 6, Article 6-10-5f). Ms. Mack and Ms. Pelletier reviewed the items outlined in the code and grouped them logically in order. (See handout "Historic Preservation Commission Work Plan, August 2007—August 2008.) Other suggested committee activities: • Develop a budget for one year from now. 3 • Training— attended by both Commission members and staff. • Event selection and participation in/out of Oro Valley. o Locate library space Ms. More said Debbie Able can come to the next meeting for a brief training session. Ms. More suggested: la. Commission Spoerl and Ms. Pelletier continue working on the CLG certification. lb. Survey other commissions to see what they are doing with Rules and Procedures. 1 c. Ms. More, Chair Baughman and another Commissioner meet this fall and draft a budget to include in the Planning and Zoning draft budget that goes to the Town Manager. 2., 3., and 4. Training for the next three months which will need to be ongoing. 5. Identification of sites and how to recognize the properties Commissioner Spoerl proposed 3 priorities from HPC's powers and duties: • Maintain a plan for historic preservation(increase public awareness). • Budget process to accomplish responsibilities under the Ordinance. • Training program. Other items of importance: Reviewing properties proposed as designation for landmarks and for designation as an historic district. Discussion following regarding: • Test cases of Steam Pump Ranch and Honey Bee Village for the Commission to learn the process of evaluating property for designation. • Survey potential sites • Cost of consultant doing the survey • Narrowing the scope of work Five committee items were identified: • Certified Local Government certification. • Rules and procedures. • Events and outreach • Budget, training and publications. • Potential sites for landmarks and designations. Attorney Mack suggested creating a committee to do the Rules and Procedures. Chair Baughman would be willing to work on that to bring to the Commission at the next meeting. Ms. More said the General Plan Strategic Implementation Plan should be reviewed for recommendations for historic preservation that would give a basis to start from. MOTION: Commissioner Cook MOVED to approve items #2, 3, and 4 on the suggested Work Plan, keeping the training presentations as brief as possible. Commissioner Latas seconded the motion. Motion carried (5:1), Commissioner Needham opposed. 4 MOTION: Commissioner Latas MOVED to continue this work plan item until the next meeting and accept staff's offer to revise and coordinate with Commissioner Spoerl. Commissioner Needham seconded the motion. Motion carried (6:0). IX. Discussion and possible action regarding Arizona Centennial 2012 Legacy Project Designation MOTION: Commissioner Kreigh MOVED to continue this item until the next meeting. Commissioner Spoerl seconded the motion. Motion carried (6:0). X. Discussion and possible action regarding letter of support to Pima County 2008 Bond project proposals Commission Spoerl planned to draft the letter after Council had approved the project for submission. The intent was to provide additional support to Pima County based on the Council's approval. Attorney Mack said it would be best to designate Commissioner Spoerl to write the letter, but not email to the whole Commission. Individuals can also write letters. MOTION: Commissioner Latas MOVED that if the Town Council approves this project, Commissioner Spoerl will write a letter to Pima County in support of the bond in behalf of the Historic Preservation Commission to be signed by Chair Baughman. Commissioner Needham seconded the motion. Motion carried (6:0). XI. Announcements • Correct HPC minutes in the archives from Committee to Commission. • HPC Commission has not "approved" developer's actions, only recommend action. • Members were encourages to attend the September 22 training for Boards and Commission members. The RSVP deadline is September 19. XII. Items for future agendas • Consider day and time for monthly HPC meeting. • Santa Cruz Valley Heritage participation as a government liaison XI. Adjournment MOTION: Commissioner Kriegh MOVED to adjourn the 8/13/07 HPC meeting. Commissioner Spoerl seconded the motion. Motion carried (6:0). Meeting adjourned at 8:17 p.m. Prepared by: 01,(7 Diane Chapman, Office Sp ialist 5 AGENDA Oro Valley Historic Preservation Commission Monday, August 13,2007 Town of Oro Valley Council Chambers 11000 N. La Canada Drive CALL TO ORDER: at of after 6:00 p.m. ROLL CALL CALL TO THE AUDIENCE \I. Approval of minutes of July 9, 2007, meeting. 4112--i-- Historic Preservation Commission elections for Chair and Vice-Chair 1) Ty/ Progress Report on Steam Pump Ranch ./ • Presentation by Poster Frost Associates jrogress Report on Steam Pump Ranch Acquisition and Emergency Stabilization: 5k.." ,r...)... ........ )11--- Site Acquisition Update _ )0k\f tek. -.it\at 1-Wk $'5u4e,ot,s 7Emergency Stabilization Status report - CO,r\k\I t Master Planning Process Steam Pump Ranch Celebration update AOCI i54-'\6 c4.---- — t 0 9.....--- Santa Cruz Valley Heritage Alliance presentations: • Presentation by Vanessa Bechtol, staff planner for Santa Cruz Valley Heritage Alliance. Q...../' Discussion and possible action on Commission Member participation in Santa Cruz Valley Heritage Alliance: qck...kmcklo , ) ‘Z- • Possible nomination of HPC Commission member to Santa Cruz Valley Heritage Alliance, subsagazan=aveont.gettneii-ttprrewa4.. -424-Jfz. CLI 0300'# 1 "c.,:''ksov1 t.,(6-kkK ckf,paKA-- Asw.-4- .4t„.• Discussion and possible action on staggered terms schedule for each Commissioner 11. Discussion and possible action on Commission Workplan with Staff .4.... 9a,..1.4.. recommendations (Oro Valley Town Code, Chapter 6, Article 6-10-51). C,-.4214i; . Discussion and possible action regarding Arizona Centennial 2012 Legacy Project % Designation y/ Discussion and possible action regarding letteri_ of support to Pima County 2008 Bond project proposals TC -kocp11-\ Cov\uzAK-k- AsteA/6 c),. -__J t464444°4414' • i, sar, ...1cOtaA N)o-PA. 's1-0 qi, Cyt . XI. Announcements XII. Items for future agendas-N 0 Aces cy(A.-‘1\r4._ ..., Cs.D. cA)Lack-ziovA 0A, *\] XI. Adjournment Posted: 08 07 07 2:30 p.m. cp The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person(s) with a disability needs any type of accommodation, please notify the Town Clerk's office at (520) 229-4700. Notice of Possible Quorum of the Oro Valley Town Council and the Planning and Zoning Commission: In accordance with Chapter 3, Title 38, Arizona Revised Statutes and Section 2-4- 2 of the Oro Valley Town Code, a majority of the Town Council may attend the above referenced meeting as a member of the audience only. c— , „.7) - 3.-Nt DW, \ \ -----> Lk)o-rk kAck,- . %.1, --- k Ae)jk c) Historic Preservation Commission Work Plan August 2007-August 2008 1. Concurrent Activities: a. Certified Local Government certification (Staff work-ongoing) Sii02CAOctkI b. Historic Preservation Commission Rules and Procedures: 1)-7cAo `A- C.,_. ie Designation of Sub-committee ( as -•• t.- _ . - : ! . : - to Lac,� craft Rules and Procedures (begin-meeting in August). c. Joint Study Session with Council to determine viability of a study of potential sites for Historic Designation (next available study 4,9„g\--session): i. Possible designation of Sub-committee (2 HPC members, 11)-()ArOVHS member, and OV Staff) to determine potential sites for Historic Designation. Commission Training and Education (September). Ci2..V)oik,_ A VI-Q. \ , \1\1 c, ,, \ 3. Open Meeting Law and Public Records Training (October). be: Q-4"�" 4. Prop 207 Training (Novembers MQs) (1y 26 ‘1"",1)) 5. Development of Landmark and/or Monument Signs for sites designated ; :.,;-,--4--s*, -.--3: .,-.---, C7occk u-11 e oe,,s-\ * CCA'4- -A-0 SelA . "A--C) , ......................___ \Cdtf cx:k- \\K.., VO V) AAea-C 0,)errA CSO ‘v, 4.) da,v.,,,Q.. ().0 - CL7Woki7i W2-9.- +D C,,,,v„\AAA t4sz.sL (5,,aiL_ 0..r4,) 4 6J.A.5 --\- - C.Jr,Nti•- 1 5 S t 0-Y1 (1\9-0- SA/) t " /k-Z- r, p: \ 1-cAl-f\ ,,, k\:,5k-- V#C42_ ,N0Q.N1*`0-A CZNIS:a.. i i ....------cm.-, CD 9A-i OAS Thr--• 0 C R)0 11 c ati-041 Vc.urei\c14-51 ki,,r-Vcc\--- m„,,,A__ 04-La-r- 69k Lk4Aorct,m Sescsi._ — c .v\0Vc:.9\4iehr\S c0.:\ • d-0 5,\--Z-\ -}- 0 c-- 1 ,. iz..\,(2._c.-k- cx_ .&.ci\,0,.k i(N.-\,..)2z._ \A-Cc614 \1-.9) C--7)1\ v‘k-CC�r�c� F:\PROJECTS\Historic Preservation Commission 1 HISTORIC PRESERVATION COMMISSION TERM EXPIRATIONS NAME 1 YEAR 2 YEARS 3 YEARS ‘Al•triziablet\,S,4uOtki* , Bob Baughman Marilyn Cook Jim Kriegh Salette Latas Sybil Needham Patricia Spoerl Article 6-10 HISTORIC PRESERVATION CODE Page 1 of 14 TOC Article 6-10 HISTORIC PRESERVATION CODE Sections: 6-10-1 Purpose, Mission and Objectives 6-10-2 Relation to General Plan 6-10-3 Definitions 6-10-4 Historic Property Register 6-10-5 Historic Preservation Commission 6-10-6 Incentives 6-10-7 Historic Landmark Designation Process 6-10-8 Historic District Designation 6-10-9 Certificate of Appropriateness 6-10-10 Maintenance and Repair 6-10-11 Economic Hardship 6-10-12 Appeals 6-10-13 Violations and Enforcement 6-10-14 Severability 6-10-1 Purpose, Mission and Objectives A. Purpose. It is hereby declared as a matter of public policy that the Town of Oro Valley joins with the United States of America and the State of Arizona in promoting the protection, enhancement, and perpetuation of properties, areas, documents and artifacts of historic, cultural, archaeological and aesthetic significance as being necessary for the economic, cultural, educational and general welfare of the public. This is done pursuant to the provisions of the National Historic Preservation Act of 1966 as amended, the Arizona Revised Statutes, Section 9-462.01, and the establishment of this Historic Preservation Ordinance by the Oro Valley Town Council. B. Inasmuch as the identity of a people is founded on its past, and inasmuch as Oro Valley has many historic, archaeological and cultural resources which constitute its heritage, this article is intended to: 1. Identify and preserve the historic properties that represent distinctive elements of Oro Valley's historic, archaeological, architectural and cultural heritage; maintain and foster their unique identities, which in turn helps to make the community a desirable place to live, work and visit. 2. Promote the use of historic properties for the education, pleasure, and welfare of the people of the Town. 3. Foster civic pride in the accomplishments of the past. 4. Protect and enhance Oro Valley's attractiveness to visitors which also provides support and stimulus to the economy. 5. Stabilize and improve property values of rehabilitated and protected sites. 6. Provide incentives for restoration by owners of landmarks or historic properties. 7. Provide standards for restoration of designated properties and for new construction within Historic Districts. C. Mission. The mission of the Oro Valley Historic Preservation Code is to promote the educational, cultural and economic welfare of the Town of Oro Valley by ensuring the preservation of historic buildings, districts, landmarks, structures, documents, photographs and other artifacts that represent the historic background and development of the greater Oro Valley area. D. Objectives of the Oro Valley Historic Preservation Commission. http://www.codepublishing.com/az/orovalley/towncode/orovalley06/orovalley06 l 0.html 08/02/2007 Article 6-10 HISTORIC PRESERVATION CODE Page 2 of 14 1. To maintain a code providing for the designation and preservation of historic buildings, districts, landmarks, structures, documents, photographs, and other artifacts; 2. Under the terms of the code, to promote the designation of historic landmarks and districts; 3. To keep a register of all historic landmarks and districts; 4. To conduct an ongoing survey to identify significant buildings, districts and structures within the town; 5. To inform and educate citizens concerning the history and heritage of Oro Valley; and 6. To create an appropriate design of historical markers for identification of historic landmarks and districts. ((0)06-20, Added, 10/04/2006) 6-10-2 Relation to General Plan The administration of this article shall be pursued in accordance with the policies set forth in the Oro Valley General Plan. ((0)06-20, Added, 10/04/2006) 6-10-3 Definitions For the purpose of this article, certain words, phrases and terms used herein shall have the meaning assigned to them by this section. When not inconsistent with the context, words used in the present tense include the future; words in the singular include the plural and those in the plural include the singular. The word "shall" is mandatory; the word "may" is permissive. Alteration: Any aesthetic, architectural, mechanical or structural change to the exterior surface of any part of a designated property as defined herein. Archaeological site: A site containing any structure, articles or remains resulting from prehistoric human life, habitation or activity, including but not limited to petroglyphs, pictographs, paintings, pottery, tools, ornamentation, jewelry, textiles, ceremonial objects, weapons, armaments, vessels or vehicles. Building: A structure created to shelter any form of activity, such as a house, barn, church, hotel, or similar structure. "Building" may also refer to a historically related complex, such as a courthouse and jail, or a farmhouse and barn. Cemetery: Any site, which contains at least one burial, marked or previously marked, considered a dedicated cemetery under Arizona State Statutes, even though it may be currently suffering neglect and abuse. Certificate of Appropriateness: A document issued by the Commission, following prescribed review procedures, certifying that proposed work on a designated property is compatible with the historic character of the property, and therefore (1) may be completed as specified in the Certificate of Appropriateness, and (2) any building permits needed to do the work specified in the Certificate may be issued. Chair: The Chair of the Historic Preservation Commission or his/her designee. Chief Building Official: The Chief Building Official of the Town of Oro Valley, or his/her designee. Commission: The Historic Preservation Commission of the Town of Oro Valley, Arizona as described in this article. Construction: Any site preparation, assembly, erection, repair, alteration or similar action (excluding demolition) for or of sites, structures, public or private rights-of-way, utilities or other improvements. Contributing: A classification applied to a building site, structure or object within a Historic District or landmark property signifying that it contributes to the defining characteristics of the Historic District or landmark. Demolition: Any intentional act or process, which totally or partially destroys a designated property. http://www.codepublishing.corn/az/orovalley/towncode/orovalley06/orova11ey0610.html 08/02/2007 Article 6-10 HISTORIC PRESERVATION CODE Page 3 of 14 Designated Property: A property which has received Town designation as a landmark, or as a contributing property within a Historic District, according to the provisions of this article. Director: The Community Development Director of the Town of Oro Valley or his/her designee. Historic District: A geographical area whose boundaries are defined by a Historic District zoning designation which contains properties, structures, sites or objects which are considered to have historic or cultural value. Historic Property Register: The listing and defining of designated properties of Oro Valley as provided in this article. Historic Resource Survey: The official historic resource survey book of the Town as produced by the Commission, listing and describing properties, structures, sites or objects (whether designated or not) which are considered by the Commission to have historic or cultural value. Integrity: A measure of the authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property's historic or prehistoric period in comparison with its unaltered state. For example, a historic building of high integrity has few alterations or ones that can be easily reversed, and an archaeological site with high integrity is one that is relatively undisturbed; criteria evaluated include association, design, feeling, location, and materials. Landmark: A designation, as a result of processes provided in this article, applied by the Commission to an individual property, structure, site or object, which has a historic value or expresses a distinctive character worthy of preservation. Maintenance: Regular, customary or usual care for the purpose of preserving a property and keeping it in a safe, sanitary and usable condition, without causing any alteration to the distinctive exterior character of the property. Noncontributing: A classification applied to a property, site, structure or object within a Historic District or landmark property signifying that it does not contribute to the defining characteristics of the Historic District or landmark. Planning and Zoning Commission: The Planning and Zoning Commission of the Town of Oro Valley, Arizona. PRAB: The Parks and Recreation Advisory Board of the Town of Oro Valley, Arizona. Preservation: The act or process of applying measures to sustain the existing form, integrity and material of a structure, and the existing form and vegetative cover of a site. It may include stabilization work where necessary, as well as ongoing maintenance of the historic materials. Preservation Covenant: A deed restriction filed with Pima County, which identifies the property as a landmark or a contributing property within a Historic District. Reconstruction: The act of reproducing by new construction the exact form and detail of a vanished structure or object, or part thereof, as it appeared at a specific period of time. Rehabilitation: The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use, while preserving those portions or features of the property which are significant to its historical, architectural and cultural values. Removal: Any relocation, in part or whole, of a structure on its site or to another site. Renovation: See Rehabilitation. Repair: Any physical change that is not alteration, construction, removal or demolition. Restoration: The act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time, by the removal of later work or by the replacement of missing earlier work. Review Criteria: The standards, tests, norms or guidelines applied by the Commission during any review process, including but not limited to surveys, designations, or Certificates of Appropriateness. http://www.codepublishing.com/az/orovalley/towncode/orovalley06/orovalley0610.html 08/02/2007 Article 6-10 HISTORIC PRESERVATION CODE Page 4 of 14 Secretary of Interior Standards: Standards which pertain to historic buildings of all materials, construction types, sizes and occupancy, and encompass the interior and exterior, developed and published by the office of the United States Secretary of the Interior, as part of the Department of the Interior regulations. Stabilization: The act or process of applying measures designed to re-establish a weather-resistant enclosure and the structural stability of an unsafe or deteriorated property, while maintaining the essential form as it exists at present. Structure: Anything constructed or erected, the use of which requires a permanent or semi-permanent location on or in the ground, including but not limited to bridges, dams, water distribution systems, buildings, garages, fences, gazebos, advertising signs, antennas, satellite sending or receiving dishes, paved parking or circulation areas, landscapes, sculpture, and recreational facilities. Town: The Town of Oro Valley, Arizona. ((0)06-20, Added, 10/04/2006) 6-10-4 Historic Property Register A Historic Property Register is hereby established for the purpose of listing and defining landmarks and Historic Districts designated under the provisions of this article. This register may be periodically amended by the Commission, and shall be available for public reference and historical study. ((0)06-20, Added, 10/04/2006) 6-10-5 Historic Preservation Commission Pursuant to Ordinance Number (0)04-45, there is created a commission to be known as the Oro Valley Historic Preservation Commission. A. Membership. 1. The Historic Preservation Commission shall be composed of seven (7) members, six (6) of whom shall be appointed by the Town Council, and one of whom shall be the Town Historian. 2. Prospective members should have demonstrated significant interest in and commitment to the field of historic preservation, evidenced either by involvement in a local historic preservation group, current non-conflicting or previous employment or volunteer activity in the field of historic preservation, or other serious interest in the field. To the extent possible, it is desirable that two (2) members be current or previous professionals in the areas of architecture, history, planning or archaeology. 3. Immediately prior to assumption of the duties of office, each member shall take and subscribe to the oath of office. 4. All Commission members shall serve without pay, except that members may be reimbursed for actual expenses incurred in connection with their duties, upon authorization. B. Term of Office. 1. Membership appointment to the Commission shall be for a period of three (3) years. Terms shall be staggered so that no more than two (2) members' terms shall expire in any given year. All terms shall begin on July 1st and shall end on June 30th or until a successor is appointed and qualified. 2. In the event of a resignation, removal or death of a member, the Council shall fill the vacancy for the unexpired term. 3. The Council may remove any member of the Commission by a majority vote of the majority of the Council, or as otherwise provided by ordinance or Town Code. 4. Upon adoption of this Code the Council shall reorder the terms of the current appointed members of the Commission so that two (2) members' terms shall expire in approximately one (1) year, two (2) members' terms in approximately two (2) years, and two (2) members' terms in approximately three (3) years, consistent with the provisions of subsection (B)(1) of this section. C. Officers. 1. The members of the Commission shall elect from among themselves a Chair http://www.codepublishing.com/az/orovalley/towncode/orovalley06/orovalley0610.html 08/02/2007 Article 6-10 HISTORIC PRESERVATION CODE Page 5 of 14 and a Vice Chair, who shall serve for one (1) year or until their successors are elected. Officers may serve successive terms, if so chosen by the Commission. 2. The Chair shall preside at meetings and exercise the usual rights, duties and prerogatives as the head of similar organizations. The Chair shall serve as Commission liaison with the Town staff, and shall also be responsible for other duties as described in this article. 3. The Vice Chair shall perform the duties of Chair in the Chair's absence or disability. 4. The members shall fill a vacancy in either office for the unexpired term through a new election. D. Meetings. 1. The Commission shall meet monthly, unless otherwise provided. 2. A majority of members shall constitute a quorum. The affirmative vote of the majority of members present shall be required for passage of any matter before the Commission. Any member may abstain from voting on a matter by declaring a conflict of interest, in which case such member shall step down and take no part in discussions or deliberations on that matter. E. Rules. 1. The Commission shall make and publish rules to govern its proceedings, subject to approval by the Town Council. All meetings of the Commission shall be open to the public and noticed as provided by Arizona law. 2. Minutes shall be kept of all meetings. The minutes shall include all issues considered, and shall record the individual votes of members on each action item. F. Powers and Duties. The responsibility of the Commission is to promote the purposes and objectives of this article and shall include, but not be limited to the following: 1. Maintain and periodically update, as needed, a plan for historic preservation. 2. Maintain review criteria to assure fair and impartial evaluation and designation of properties as landmarks and Historic Districts. The Commission shall periodically review these criteria, and make such adjustments or updates as may be required. 3. Maintain criteria to assure fair and impartial review of applications for Certificates of Appropriateness. 4. Review properties proposed for designation as landmarks, explain to the owners thereof the potential effects of designation as known to the Commission at that time and make a decision to designate, conditionally designate, or deny designation. 5. Review property nominations for designation as a Historic District, explain to the owners thereof the potential effects of designation as known to the Commission at that time and make recommendations regarding rezoning to a Historic District to the Planning and Zoning Commission. 6. Propose design guidelines appropriate to individual Historic Districts. 7. Review and approve, conditionally approve or deny applications for a Certificate of Appropriateness. 8. Maintain the Historic Property Register. 9. Determine and cause to be created a system of markers for designated properties. 10. Recognize the owners of designated properties. Issue commendations to owners of historical properties who have rehabilitated their property in an exemplary manner. 11. When Town Council approval is appropriate, make recommendations to the Town Council regarding the acquisition of property suitable for preservation. 12. Make recommendations to the Town Council regarding the utilization of federal, state, Town or private funds to promote historic preservation. 13. Make recommendations to Town Council to accept gifts, grants, funds, contributions, and bequests from individuals and public and private entities, agencies, foundations, trusts, corporations, and other organizations or institutions. 14. Cooperate with and enlist the assistance of persons, organizations, foundations and public agencies in matters involving historic preservation, rehabilitation and reuse, with http://www.codepublishing.com/az/orovalley/towncode/orovalley06/orovalley06 10.html 08/02/2007 Article 6-10 HISTORIC PRESERVATION CODE Page 6 of 14 Town Council approval as appropriate. 15. Increase public awareness of the values of historic, cultural, archaeological and architectural preservation, by developing and participating in public education programs. 16. Annually prepare written reports of Commission activities; submit such reports to the Town Council and the State Historic Preservation Office (SHPO). These reports shall be available for public review. 17. Conduct detailed studies and surveys of properties and areas and assess their potential for designation. 18. Periodically review the Historic Resource Survey and consider the inclusion of any properties, which may have come to meet the requirements herein, and the deletion of any properties which may no longer exist. 19. Work with and assist departments of the Town in matters affecting historic preservation. 20. Assist property owners, on request, on the restoration, rehabilitation, alteration, decoration, landscaping, or maintenance of any historic property. 21. Encourage and assist property owners of historic properties on procedures for inclusion on State historic listings and the National Register of Historic Places. 22. Work collaboratively with PRAB in the design and use of parks and park-like areas which have a historic or archeological significance. 23. Establish liaison with groups and organizations as appropriate. 24. Carry out such other duties as may be determined by the Town Council, and present other such recommendations as may be deemed pertinent. G. Committees. Advisory committees may be created by the Chair or by the Commission to study and report on pertinent matters. Such committees may include citizens who are not members of the Commission, but shall include at least one Commission member who shall serve as Chair of the committee. Committees appointed for a specific task shall dissolve when the task is completed and its report has been presented to the Commission. ((0)06-20, Added, 10/04/2006) 6-10-6 Incentives It is the intent of the Town to make ownership of a landmark or contributing property within a Historic District as beneficial as possible. In addition to the intangible benefits of owning a property recognized as an important community resource, the Council and Commission may, when applicable and possible, provide such owners with one or more of the following: A. Recommendation to the Department of Community Development that an alternate or transitional use be considered; B. Advice in locating potential sources of financial assistance and tax credits; C. Advice in preparing grant applications and potential third party sponsorship; D. Technical information and referrals; E. Assistance in locating buyers and/or sellers; F. Assistance in the formulation of a neighborhood association; G. Assistance in obtaining other benefits as may become available. ((0)06-20, Added, 10/04/2006) 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. http://www.codepublishing.com/az/orovalley/towncode/orovalley06/orovalley0610.html 08/02/2007 Article 6-10 HISTORIC PRESERVATION CODE Page 7 of 14 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 Department of Community Development 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 http://www.codepublishing.com/az/orovalley/towncode/orovalley06/orovalley06 10.html 08/02/2007 Article 6-10 HISTORIC PRESERVATION CODE Page 8 of 14 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. ((0)06-20, Added, 10/04/2006) 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 http://www.codepublishing.com/az/orovalley/towncode/orovalley06/orovalley0610.html 08/02/2007 Article 6-10 HISTORIC PRESERVATION CODE Page 9 of 14 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 with 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 http://www.codepublishing.com/az/orovalley/towncode/orovalley06/orovalley0610.html 08/02/2007 Article 6-10 HISTORIC PRESERVATION CODE Page 10 of 14 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. 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. ((0)06-20, Added, 10/04/2006) 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 http://www.codepublishing.com/az/orovalley/towncode/orovalley06/orovalley06 l 0.html 08/02/2007 Article 6-10 HISTORIC PRESERVATION CODE Page 11 of 14 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. B. Notice of Public Hearing. 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. http://www.codepublishing.com/az/orovalley/towncode/orovalley06/orovalley0610.htm1 08/02/2007 Article 6®10 HISTORIC PRESERVATION CODE Page 12 of 14 C. Commission Review and Decision. 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. D. Demolition of Historic Landmark or a Contributing Property within a Historic District. 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 http://www.codepublishing.com/az/orovalley/towncode/orovalley06/orovalley0610.html 08/02/2007 Article 6-10 HISTORIC PRESERVATION CODE Page 13.of 14 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. ((0)06-20, Added, 10/04/2006) 6-10-10 Maintenance and Repair Each property designated as a landmark, and properties designated as contributing properties within a Historic District shall be maintained in good condition and faithful to its historic character. Nothing in this article shall be construed to prevent normal maintenance and repair of any exterior feature of any structure designated as a landmark or contributing property within a Historic District which does not involve change in design, material, color or outward appearance. The Commission shall not consider the interior arrangements or alterations to the interior of a building, unless authorization would impact the exterior. ((0)06-20, Added, 10/04/2006) 6-10-11 Economic Hardship A. An application for demolition or removal of a landmark or property within a Historic District may, if appropriate, be accompanied by a request for relief from economic hardship. B. Before granting such request, the Commission shall study the historic or cultural value of the property, and shall review options including incentives to the owner for restoration, or recommendation to Council that the Town purchase the property. C. Separate standards and application requirements may be established by the Town for granting economic hardship relief for income-producing properties and for non-income producing properties. 1. Investment or income producing properties: Economic hardship relief may be granted if the applicant satisfactorily demonstrates that a reasonable rate of return cannot be obtained from a property which retains features which contribute to its distinctive character in its present condition nor if rehabilitated, either by the current owner or a potential buyer. 2. Non-income producing properties: Economic hardship relief may be granted if the applicant satisfactorily demonstrates that the property has no reasonable use as a single-family dwelling or for institutional use in its present condition or if rehabilitated, either by the current owner or a potential buyer. D. Economic hardship relief shall not be granted due to any of the following circumstances: willful destructive acts committed or caused by the owner; purchase of the property for substantially more than its fair market value; failure to perform normal maintenance and repair; or failure to diligently solicit and retain tenants or provide normal tenant improvements. ((0)06-20, Added, 10/04/2006) 6-10-12 Appeals http://www.codepublishing.com/az/orovalley/towncode/orovalley06/orovalley0610.html 08/02/2007 Article 6-10 HISTORIC PRESERVATION CODE Page 14 of 14 Any person or group of persons aggrieved by a decision of the Commission may appeal to the Town Council within ten (10) working days of the Commission's action, by filing with the Town Clerk written notice of appeal and any applicable fee as may be adopted. The Council shall render a decision to sustain, conditionally overrule or overrule the Commission decision. The Council may choose to hold a public hearing. ((0)06-20, Added, 10/04/2006) 6-10-13 Violations and Enforcement A. All work performed pursuant to a Certificate of Appropriateness under this article shall conform to requirements thereof. Compliance shall be confirmed by inspections made by the Chief Building Official and the Commission Chairman or his/her designee. Certain requirements of the Certificate, such as signs, lighting, landscaping and site development shall be reviewed for compliance. B. Any action regarding a violation of any provision of this article shall be brought to the Town Attorney. Any person, firm, corporation or other entity found to be in violation of any provision of this article shall be charged, at a maximum, with a class 1 misdemeanor. Each day in violation shall constitute a separate offense. C. Any person who causes unauthorized demolition, alteration, construction, or permits degradation or disrepair of a designated property as defined in this article, or property proposed to be included in a Historic District, may be required to restore the property and site to its condition prior to the violation. The civil remedy shall be in addition to, and not in lieu of, any criminal prosecution and penalty. Until completion of restoration, no permits for anything other than restoration shall be issued for the property by the Town. ((0)06-20, Added, 10/04/2006) 6-10-14 Severability This article and its sections are hereby declared to be severable. If any section, subsection, clause, word or phrase of this article is held to be void, unlawful or unconstitutional, such holdings shall not affect the validity of the remainder of this article or of the Oro Valley Zoning Code Revised. ((0)06-20, Added, 10/04/2006) Compile chapter fiocj http://www.codepubli shing.comlaz/orovalley/towncode/orovalley06/orovalley0610.html 08/02/2007 EY Nk-L 'DRi O o�- ti '!"-1 UNDED A91 Office of the Town Attorney MEMORANDUM To: Historic Preservation Commission Members Copy: Mayor L mis; Sarah More, Planning and Zoning Director;Pamela Peltier,Planner From: exa Mack,Assistant Civil Attorney Re: Historic Preservation Commission Powers and Duties Date: August 9,2007 The issue of the Commission's ability to act independent from the Council has been an item of discussion recently, specifically in conjunction with the Commission's ability to send a letter of support to the Pima County Bond Committee. This memorandum is intended to clarify any confusion regarding the Commission's powers pursuant to the Town Code and to address, in particular,the question of whether the Commission is empowered to communicate its position to outside agencies. There are two avenues by which boards and commissions of the Town are created. Some, like the Planning and Zoning Commission and Board of Adjustment, are a creation of state law and are thereby governed by the authority granted by the legislature. Others, such as the Historic Preservation Commission, are created pursuant to the Town Code which provides the Council may create advisory boards and commissions to address various topics of importance to the Town. Since there are no overarching state law provisions governing the latter types of boards and commissions,their duties and powers are granted by the Council and are limited in scope to those tasks the Council sees fit to assign. At the July Historic Preservation Commission meeting, the Commission spent considerable time discussing the powers and duties outlined in the ordinance that governs the Commission's conduct. Absent from those powers is the ability to represent the Town's I f f t position with outside agencies. As the Commission is an appointed body of the Council, any communications that are made by the Commission as a whole are representations of the Town's position. Even with a disclaimer that the Commission does not speak for the Town or the Council, a communication from the Commission is still a communication from an appointed body of the Town and by inference the Town. The Commission, at this time, is not authorized by the Town Code to make these types of communications. There are two alternatives to sending a letter directly from the Commission to the Pima County Bond Committee that I would like to suggest. The first and most preferable course of action would be to request authorization from the Council to compose a letter as the Commission or develop a letter for submittal to the Council for approval. A request such as these would be consistent with the section of the Historic Preservation Code that specifies the Council may assign other duties to the.Commission. The second and less preferable option would be that any member of the Commission who chooses to do so may write a letter in support of the 2008 bond projects,just as any resident of the Town is free and able to do. This would avoid the problems created by the Commission speaking as a whole and thereby seemingly on behalf of the Town. Although there are few potential legal consequences that may result from the Commission sending a letter to the Pima County Bond Committee without Council's authorization, it appeared necessary to address this issue as there may be broader implications. Were the various boards and commissions of the Town to act outside the scope of their authority on a regular basis, it would not be long before one ran afoul of the law. Additionally, in order to legitimize the operations of the Town, its positions and opinions need to be communicated in a consistent and singular manner. As the elected officials of the Town, the council members are the officials charged with the responsibility of delivering the Town's message and as such all communications from the Town must go through them. This memorandum is in no way meant to deter the Commission from taking any action it feels is necessary and in line with the duties assigned by Council. The sole purpose of this communication was to provide the Commission with some suggestions as to how to accomplish a goal of obvious importance to the Commission and to offer some guidance on how the Commission may wish to proceed in the future. ORDINANCE NO.(0) 06- 20 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA AMENDING CHAPTER 6 OF THE TOWN OF ORO VALLEY TOWN CODE BY ADDING ARTICLE 6-10, ENTITLED "HISTORIC PRESERVATION CODE" WHEREAS, on September 27, 1989, the Town Council adopted a certain document entitled "The Code of the Town of Oro Valley, Arizona"; and WHEREAS, Council has determined that it is necessary to amend Chapter 6 by adding an article for the protection, enhancement, and perpetuation of properties, areas, documents and artifacts of historic, cultural, archaeological and aesthetic significance. WHEREAS, the Council has determined that amending Chapter 6, is necessary for the economic, cultural, educational and general welfare of the public, and is found to be in the best interest of the Town. NOW, THEREFORE BE IT ORDAINED by the Mayor and Council of the Town of Oro Valley Arizona, as follows: SECTION 1. That certain document entitled, "Article 6-10, Historic Preservation Code" three copies of which are on file in the office of the Town Clerk of the Town of Oro Valley, Arizona, said document having been made a public record by Resolution No. (R) 06-73 of the Town of Oro Valley, Arizona, is hereby referred to, adopted, and made a part hereof as if fully set out in this Ordinance. SECTION 2. All Oro Valley Ordinances, Resolutions, or Motions and parts of Ordinances, Resolutions, or Motions of the Council in conflict with the provisions of this Ordinance are hereby repealed. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance 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 Mayor and Town Council, the Town of Oro Valley, Arizona, this 4thday of October , 2006. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: ,eze,r; l Kathrn E. Cuvelier, Town Clerk Melinda Ga :aha , Town Attorney Date: /G - Date: /0 /6/6 PUBLISH: DAILY TERRITORIAL OCTOBER 19, 20, 23, 24, 2006 POSTED: OCTOBER 24 - NOVEMBER 23, 2006 RG F:\Boards&Commissions\OTHER\Historic Preservation Commission\Ordinance-Historic Preservanon.doc Article 6-10 HISTORIC PRESERVATION CODE Sections: 6-10-1 Purpose, Mission and Objectives 6-10-2 Relation to General Plan 6-10-3 Definitions 6-10-4 Historic Property Register 6-10-5 Historic Preservation Commission 6-10-6 Incentives 6-10-7 Historic Landmark Designation Process 6-10-8 Historic District Designation 6-10-9 Certificate of Appropriateness 6-10-10 Maintenance and Repair 6-10-11 Economic Hardship 6-10-12 Appeals 6-10-13 Violations and Enforcement 6-10-14 Severability Section 6-10-1 PURPOSE, MISSION AND OBJECTIVES A. Purpose. It is hereby declared as a matter of public policy that the Town of Oro Valley joins with the United States of America and the State of Arizona in promoting the protection, enhancement, and perpetuation of properties, areas, documents and artifacts of historic, cultural, archaeological and aesthetic significance as being necessary for the economic,cultural,educational and general welfare of the public. This is done pursuant to the provisions of the National Historic Preservation Act of 1966 as amended, the Arizona Revised Statutes, Section 9-462.01, and the establishment of this Historic Preservation Ordinance by the Oro Valley Town Council. B. Inasmuch as the identity of a people is founded on its past, and inasmuch as Oro Valley has many historic, archaeological and cultural resources which constitute its heritage, this ordinance is intended to: 1. Identify and preserve the historic properties that represent distinctive elements of Oro Valley's historic, archaeological, architectural and cultural heritage; maintain and foster their unique identities, which in turn helps to make the community a desirable place to live, work and visit. 2. Promote the use of historic properties for the education, pleasure, and welfare of the people of the Town. 3. Foster civic pride in the accomplishments of the past. 4. Protect and enhance Oro Valley's attractiveness to visitors which also provides support and stimulus to the economy. 5. Stabilize and improve property values of rehabilitated and protected sites. 6. Provide incentives for restoration by owners of landmarks or historic properties. 7. Provide standards for restoration of Designated Properties and for new construction within Historic Districts. OVOrd 06-20 Adopted 10-04-06 1 C. Mission. The mission of the Oro Valley Historic Preservation Code is to promote the educational, cultural and economic welfare of the Town of Oro Valley by ensuring the preservation of historic buildings,districts, landmarks, structures,documents,photographs and other artifacts that represent the historic background and development of the greater Oro Valley area. D. Objectives of the Oro Valley Historic Preservation Commission. 1. To maintain a code providing for the designation and preservation of historic buildings, districts, landmarks, structures, documents, photographs, and other artifacts; 2. Under the terms of the Code,to promote the designation of historic landmarks and districts; 3. To keep a register of all historic landmarks and districts; 4. To conduct an ongoing survey to identify significant buildings, districts and structures within the town; 5. To inform and educate citizens concerning the history and heritage of Oro Valley; and 6. To create an appropriate design of historical markers for identification of historic landmarks and districts. Section 6-10-2 RELATION TO GENERAL PLAN The administration of this Article shall be pursued in accordance with the policies set forth in the Oro Valley General Plan. Section 6-10-3 DEFINITIONS For thep urpose of this Article, certain words, phrases and terms used herein shall have the meaning assigned ned to them by this Section. When not inconsistent with the context, words used in the present tense include the future; words in the singular include the plural and those in the plural include the singular. The word "shall" is mandatory; the word "may" is permissive. Alteration: Any aesthetic, architectural, mechanical or structural change to the exterior surface of any part of a Designated Property as defined herein. Archaeological site: A site containing any structure, articles or remains resulting from prehistoric human life, habitation or activity, including but not limited to petroglyphs, pictographs, paintings, pottery, tools, ornamentation,jewelry, textiles, ceremonial objects, weapons, armaments, vessels or vehicles. Building: A structure created to shelter any form of activity, such as a house, barn, church, hotel, or similar structure. "Building" may also refer to a historically-related complex, such as a courthouse and jail, or a farmhouse and barn. Cemetery: Any site, which contains at least one burial, marked or previously marked, considered a dedicated cemetery under Arizona State Statutes, even though it may be currently suffering neglect and abuse. Certificate of Appropriateness: A document issued by the Commission, following prescribed review procedures, certifying that proposed work on a Designated Property is compatible with the historic character of the property, and therefore (1) may be completed as specified in the Certificate of Appropriateness, and (2) any building permits needed to do the work specified in the Certificate may be issued. Chair: The Chair of the Historic Preservation Commission or his/her designee. OVOrd 06-20 Adopted 10-04-06 2 • Chief Building Official: The Chief Building Official of the Town of Oro Valley, or his/her designee. Commission: The Historic Preservation Commission of the Town of Oro Valley, Arizona as described in this Article. Construction: Any site preparation, assembly, erection, repair, alteration or similar action (excluding demolition) for or of sites, structures, public or private rights-of-way, utilities or other improvements. Contributing: A classification applied to a building site, structure or object within a Historic District or Landmark property signifying that it contributes to the defining characteristics of the Historic District or Landmark. Demolition: Any intentional act or process, which totally or partially destroys a Designated Property. Designated Property: A property which has received Town designation as a Landmark, or as a Contributing Property within a Historic District, according to the provisions of this Article. Director: The Community Development Director of the Town of Oro Valley or his/her designee. Historic District: A geographical area whose boundaries are defined by a Historic District zoning designation which contains properties, structures, sites or objects which are considered to have historic or cultural value. Historic Property Register: The listing and defining of Designated Properties of Oro Valley as provided in this Article. Historic Resource Survey: The official historic resource survey book of the Town as produced by the Commission, listing and describing properties, structures, sites or objects (whether designated or not) which are considered by the Commission to have historic or cultural value. Integrity: A measure of the authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property's historic or prehistoric period in comparison with its unaltered state. For example, a historic building of high integrity has few alterations or ones that can be easily reversed, and an archaeological site with high integrity is one that is relatively undisturbed; criteria evaluated include association, design, feeling, location, and materials. Landmark: A designation, as a result of processes provided in this Article, applied by the Commission to an individual property, structure, site or object, which has a historic value or expresses a distinctive character worthy of preservation. Maintenance: Regular, customary or usual care for the purpose of preserving a property and keeping it in a safe, sanitary and usable condition, without causing any alteration to the distinctive exterior character of the property. Non-contributing: A classification applied to a property, site, structure or object within a Historic District or Landmark property signifying that it does not contribute to the defining characteristics of the Historic District or Landmark. PRAB: The Parks and Recreation Advisory Board of the Town of Oro Valley, Arizona. Planning and Zoning Commission: The Planning and Zoning Commission of the Town of Oro Valley, Arizona. Preservation: The act or process of applying measures to sustain the existing form, integrity and material of a structure, and the existing form and vegetative cover of a site. It may include stabilization work where necessary, as well as ongoing maintenance of the historic materials. OVOrd 06-20 Adopted 10-04-06 3 • Preservation Covenant: A deed restriction filed with Pima County, which identifies the property as a Landmark or a Contributing Property within a Historic District. Reconstruction: The act of reproducing by new construction the exact form and detail of a vanished structure or object, or part thereof, as it appeared at a specific period of time. Rehabilitation: The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use, while preserving those portions or features of the property which are significant to its historical, architectural and cultural values. Removal: Any relocation, in part or whole, of a structure on its site or to another site. Renovation: See Rehabilitation. Repair: Any physical change that is not alteration, construction, removal or demolition. Restoration: The act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time, by the removal of later work or by the replacement of missing earlier work. Review Criteria: The standards, tests, norms or guidelines applied by the Commission duringanyreviewprocess, includingbut not limited to surveys, designations, or Certificates of Appropriateness. Secretary of Interior Standards: Standards which pertain to historic buildings of all materials, construction types, sizes and occupancy, and encompass the interior and exterior, developed and published by the office of the United States Secretary of the Interior, as part of the p Department of the Interior regulations. Stabilization: The act or process of applying measures designed to re-establish a weather- resistant enclosure and the structural stability of an unsafe or deteriorated property, while maintaining the essential form as it exists at present. Structure: Anything constructed or erected, the use of which requires a permanent or semi-permanent location on or in the ground, including but not limited to bridges, dams, water distribution systems, buildings, garages, fences, gazebos, advertising signs, antennas, satellite sending or receiving dishes, paved parking or circulation areas, landscapes, sculpture, and g recreational facilities. Town: The Town of Oro Valley, Arizona Section 6-10-4 HISTORIC PROPERTY REGISTER A Historic Property Register is hereby established for the purpose of listing and defining Landmarks and Historic Districts designated under the provisions of this Article. This register may be periodically amended by the Commission, and shall be available for public reference and historical study. Section 6-10-5 HISTORIC PRESERVATION COMMISSION Pursuant to Ordinance Number (0) 04-45, there is created a commission to be known as the Oro Valley Historic Preservation Commission. A. Membership 1. The Historic Preservation Commission shall be composed of seven(7)members, six (6)of whom shall be appointed by the Town Council,and one of whom shall be the Town Historian. OVOrd 06-20 Adopted 10-04-06 4 2. Prospective members should have demonstrated significant interest in and commitment to the field of historic preservation, evidenced either by involvement in a local historic preservation group,current non-conflicting or previous employment or volunteer activity in the field of historic preservation,or other serious interest in the field.To the extent possible,it is desirable that two (2) members be current or previous professionals in the areas of architecture, history, planning or archaeology. 3. Immediately prior to assumption of the duties of office, each member shall take and subscribe to the oath of office. 4. All Commission members shall serve without pay, except that members may be reimbursed for actual expenses incurred in connection with their duties, upon authorization. B. Term of Office 1. Membership appointment to the Commission shall be for a period of three (3) years. Terms shall be staggered so that no more than two (2)members' terms shall expire in any given year. All terms shall begin on July 1st and shall end on June 30th or until a successor is appointed and qualified. 2. In the event of a resignation, removal or death of a member,the Council shall fill the vacancy for the un-expired term. 3. The Council may remove any member of the Commission by a majority vote of the majority of the Council, or as otherwise provided by ordinance or Town Code. 4. Upon adoption of this Code the Council shall reorder the terms of the current appointed members of the Commission so that two (2) members' terms shall expire in approximately one (1) year, two (2) members' terms in approximately two (2) years, and two (2) members' terms in approximately three (3)years, consistent with the provisions of(1) above. C. Officers 1. The members of the Commission shall elect from among themselves a Chair and a Vice Chair, who shall serve for one (1) year or until their successors are elected. Officers may serve successive terms, if so chosen by the Commission. 2. The Chair shall preside at meetings and exercise the usual rights, duties and prerogatives as the head of similar organizations. The Chair shall serve as Commission liaison with the Town staff, and shall also be responsible for other duties as described in this Article. 3. The Vice Chair shall perform the duties of Chair in the Chair's absence or disability. 4. The members shall fill a vacancy in either office for the unexpired term through a new election. D. Meetings 1. The Commission shall meet monthly, unless otherwise provided. 2. A majority of members shall constitute a quorum. The affirmative vote of the majority of members present shall be required for passage of any matter before the Commission. Any member may abstain from voting on a matter by declaring a conflict of interest, in which case such member shall step down and take no part in discussions or deliberations on that matter. E. Rules 1. The Commission shall make and publish rules to govern its proceedings,subject to approval by the Town Council. All meetings of the Commission shall be open to the public and noticed as provided by Arizona law. OVOrd 06-20 Adopted 10-04-06 5 2. Minutes shall be kept of all meetings. The minutes shall include all issues considered, and shall record the individual votes of members on each action item. F. Powers and Duties The responsibility of the Commission is to promote the purposes and objectives of this p y Article and shall include, but not be limited to the following: 1. Maintain and periodically update, as needed, a plan for historic preservation. 2. Maintain review criteria to assure fair and impartial evaluation and designation of properties as Landmarks and Historic Districts.The Commission shall periodically review these criteria, and make such adjustments or updates as may be required. 3. Maintain criteria to assure fair and impartial review of applications for Certificates of Appropriateness. 4. Review ro erties proposed for designation as Landmarks,explain to the owners p p thereof the potential effects of designation as known to the Commission at that time and make a decision to designate, conditionally designate, or deny designation. property 5. Reviewnominations for designation as a Historic District,explain to the owners thereof the potential effects of designation as known to the Commission at that time and make recommendations regarding rezoningto a Historic District to the Planning and Zoning Commission. g g 6. Propose design guidelines appropriate to individual Historic Districts. p g pp 7. Review and approve, conditionally approve or deny applications for a Certificate of Appropriateness. 8. Maintain the Historic Property Register. 9. Determine and cause to be created a system of markers for designated properties. 10. Recognize the owners of designated properties. Issue commendations to owners of historical properties who have rehabilitated their property in an exemplary manner. p 11. When Town Council approval is appropriate,make recommendations to the Town Council regarding the acquisition of property suitable for preservation. 12. Make recommendations to the Town Council regarding the utilization of federal, state, Town orp rivate funds to promote historic preservation. 13. Make recommendations to Town Council to accept gifts, grants, funds, contributions, and bequests from individuals and public and private entities, agencies, foundations, trusts, corporations, and other organizations or institutions 14. Cooperate with and enlist the assistance of persons,organizations,foundations and volvin historic preservation, rehabilitation and reuse,with Town Council public agencies in matters in g approval as appropriate. 15. Increase public awareness of the values of historic, cultural, archaeological and architectural preservation, by developing and participating in public education programs. 16 prepare Annually written reports of Commission activities;submit such reports to ble the Town Council and the State Historic Preservation Office (SHPO).These reports shall be availa for public review. 17. Conduct detailed studies and surveys of properties and areas and assess their potential for designation. Periodicallyreview the Historic Resource Survey and consider the inclusion of any 18. • . which mayhave come to meet the requirements herein, and the deletion of any properties properties, which may no longer exist. 6 OVOrd 06-20 Adopted 10-04-06 19. Work with and assist departments of the Town in matters affecting historic preservation. 20. Assist property owners, on request, on the restoration, rehabilitation, alteration, decoration, landscaping, or maintenance of any historic property. 21. Encourage and assist property owners of historic properties on procedures for inclusion on State historic listings and the National Register of Historic Places. 22. Work collaboratively with PRAB in the design and use of parks and park-like areas which have a historic or archeological significance. 23. Establish Liaison with groups and organizations as appropriate. 24. Carry out such other duties as may be determined by the Town Council, and present other such recommendations as may be deemed pertinent. G. Committees Advisory committees may be created by the Chair or by the Commission to study and report on pertinent matters. Such committees may include citizens who are not members of the Commission, but shall include at least one Commission member who shall serve as chair of the committee. Committees appointed for a specific task shall dissolve when the task is completed and its report has been presented to the Commission. Section 6-10-6 INCENTIVES It is the intent of the Town to make ownership of a Landmark or Contributing Property within a Historic District as beneficial asp ossible. In addition to the intangible benefits of owning a property recognized as an important community resource, the Council and Commission may, when applicable and possible, provide such owners with one or more of the following: A. Recommendation to the Department of Community Development that an alternate or transitional use be considered. B. Advice in locating potential sources of financial assistance and tax credits; C. Advice in preparing grant applications and potential third party sponsorship; D. Technical information and referrals; E. Assistance in locating buyers and/or sellers; F. Assistance in the formulation of a neighborhood association; G. Assistance in obtaining other benefits as may become available. Section 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. OVOrd 06-20 Adopted 10-04-06 7 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 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. OVOrd 06-20 Adopted 10-04-06 8 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 Department of Community Development 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 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 asp rovided 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. OVOrd 06-20 Adopted I0-04-06 9 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. Section 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 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 with 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. OVOrd 06-20 Adopted 10-04-06 10 1508.02 Notice of Public Hearing A. Notice of the Commission's public hearing shall be the same as set forth in the Oro Valley Zoning Code Revised Section 22.3. B. Upon publication of notice required above, no person shall make any material change in the exterior appearance of any property effected by said notice, its color, materials, light fixtures, signs, sidewalks, fences, steps, paving or other elements which effect 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 change in exterior design, material, color or appearance. 1508.03 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: A. Association with events that have made significant contributions to the broad patterns of our history. B. Association with the lives of persons significant in our past. C. 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. D. Yielding information important in the understanding of the pre-history or history of the community. E. Being at least 50 years old, or having achieved significance within the past 50 years if the property is of exceptional importance. F. Possessing integrity of location, design, setting, materials, workmanship, feeling or association. 1508.04 Adoption of Historic District A. 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. B. The Historic Preservation Commission's recommendation shall include the following: OVOrd 06-20 Adopted 10-04-06 11 1. A map showing the proposed boundaries of the Historic District and identifying all structures within the boundaries, including classification as contributing or noncontributing; 2. An explanation of the significance of the proposed district and description of the cultural resources within the proposed boundaries. 3. A set of findings documenting the recommendation of the Historic Preservation Commission. 4. Proposed design guidelines for applying the criteria for review of Certificate of Appropriateness to the nominated historic district. 5. 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. C. 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 itspublic hearing, the Planning and Zoning Commission shall transmit Fo g g its recommendation and the recommendation of the Historic Preservation Commission to Town Council. D. Action by the Town Council. Following conclusion of its public hearing, the Council may approve the Historic District as recommended or in a modified form, stipulating those p conditions it deems necessary to carry out the purpose of this district and this Code. E. 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. F. 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. 1508.05 Effect of Historic District Designation A. 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 Non-Contributing. OVOrd 06-20 Adopted 10-04-06 12 B. 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. C. 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. D. Each property designated as a Contributing Property shall be maintained in good condition and faithful to its historic character. E. 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. F. 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. 1509 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. 1509.01 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: A. Pre-application Consultation. Prior to the submittal of an application for a Certificate of Appropriateness, the applicant should consult with Director to explain the application submittal requirements. B. Application Submittal Requirements. An application for a Certificate of Appropriateness shall contain at a minimum the following: 1. Completed application form. 2. Location and description of property with photographs of areas affected by proposed project. OVOrd 06-20 Adopted 10-04-06 13 3. Filing Fee. 4. 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. 5. Site Plan identifying all existing and proposed structures. 6. Scaled illustrations showing all existing and proposed site improvements and conditions, landscaping, signage and building elevations. 7. 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. proposal 8. If the ro osal includes signs or lettering, a scale drawing showing dimensions, lettering, colors, materials and any illumination. 9. Any additional information which the Commission may require to visualize the proposed work. C. Acceptance of Application. Upon receipt of an application for a Certificate of Appropriateness, p 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 pp have been submitted, the application shall be considered complete and shall be accepted by the Director. 1509.02 Notice of Public Hearing A. 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. B. 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 ag eneral description of the area affected at least fifteen (15) days before the hearing in the following manner: 1. Publication at least once in a newspaper of general circulation in the Town. 2. Posting on the affected property in accordance with Town posting requirements. 3. 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. O VOrd 06-20 Adopted 10-04-06 14 C. 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. D. 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. 1509.03 Commission Review and Decision A. 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 B. 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: 1. The proposed work does not detrimentally alter, destroy or adversely affect any architectural or landscape feature; and 2. 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 3. The proposed work conforms to review guidelines and/or other applicable criteria. 4. 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. OVOrd 06-20 Adopted 10-04-06 15 C. Review Guidelines and Criteria: The Commission may utilize the following documents and criteriaas guidelines when considering an application for a Certificate of Appropriateness 1. Approved design guidelines for a designated Historic District. 2. Secretary of the Interior's Standards for Rehabilitation. 3. Secretary of Interior's Preservation Briefs and other information developed by US Department of Interior Park Service, Arizona Historic Preservation Office, National Trust for Historic Preservation, National Alliance of Preservation tion Commissions Association of Preservation Technology, and the Old House Journal. 4. Any other guidelines as adopted by the Town. D. 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. pp E. A Certificate of Appropriateness expires six (6) months from the date of issuance unless substantial work is started within that time. F. If work exceeds that specified in the Certificate of Appropriateness, the Certificate of deemed to be revoked, a stop work order issued, and no further Appropriateness shall be building activities shall be allowed until another Certificate of Appropriateness is applied for and issued by the Commission. G. The Certificate of Appropriatenessrequired ired bythis Article shall be in addition to any other q permit(s) or review required for the proposed project. 1509.04 Demolition of Historic Landmark or a Contributing Property within a Historic District A. 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 bythe Commission and a Certificate of Appropriateness is issued. B. A Landmark or Contributing Property may be demolished if: 16 OVOrd 06-20 Adopted 10-04-06 1. 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 2. 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: a. Is infeasible from a technical, mechanical, or structural standpoint, and/or b. 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 c. 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. C. The applicant shall bear the burden of proof for all findings required for approval of a Certificate of Appropriateness for demolition. D. If demolition is approved, the Commission may require the property owners to publish notice at least ten 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. 1510 MAINTENANCE AND REPAIR Each property designated as a Landmark, and properties designated as contributing properties within a Historic District shall be maintained in good condition and faithful to its historic character. Nothing in this Article shall be construed to prevent normal maintenance and repair of any exterior feature of any structure designated as a Landmark or Contributing Property within a Historic District, which does not involve change in design, material, color or outward appearance. The Commission shall not consider the interior arrangements or alterations to the interior of a building, unless authorization would impact the exterior. 1511 ECONOMIC HARDSHIP A. An application for demolition or removal of a Landmark or property within a Historic District may, if appropriate, be accompanied by a request for relief from economic hardship. OVOrd 06-20 Adopted 10-04-06 17 B. Before granting such request, the Commission shall study the historic or cultural value of the property, and shall review options including incentives to the owner for restoration, or recommendation to Council that the Town purchase the property. C. Separate standards and application requirements granting the Town for economic hardship relief for income-producing may be established by properties and for non-income producing properties. 1. Investment or income-producing properties: granted hardship relief maybe if the applicant satisfactorily demonstrates that a reasonable rate of return cannot be obtained from a property which retains features which character in its present condition nor if rehabilitated, either by the contribute to its distinctive current owner or a potential buyer. 2. Non-income-producing properties: Economic hardship relief granted maybe if the applicant satisfactorily demonstrates that the property has no reasonable use as a single-family dwelling or for institutional use in its present condition or if rehabilitated, either by the current owner or a potential buyer. • granted due to anyof the following circumstances: willful D. Economic hardship relief shall not be . caused bythe owner; purchase of the property for substantially destructive acts committed or . value; failure to perform normal maintenance and repair; or failure to more than its fair market diligently solicit and retain tenants or provide normal tenant improvements. 1512 APPEALS Any person or group of persons aggrieved bya decision of the Commission may appeal to the Town • the Commission's action, by filing with the Town Clerk written Council within 10 working days of . • applicable fee as maybe adopted. The Council shall render a decision to notice of appeal and any sustain, conditionally overrule le or overrule the Commission decision. The Council may choose to hold a public hearing. 1513 VIOLATIONS AND ENFORCEMENT A. All workp erformed pursuant to a Certificate of Appropriateness under this Article shall conform to requirements thereof. Compliance shall be confirmed by inspections made bythe Chief Building Official and the Commission Chairman or his/her designee. Certain requirements of the Certificate, such as signs, lighting, landscaping and site development shall be reviewed for compliance. B. Any action regarding a violation of any provision of this Article shall be brought to the Town corporation of other entity found to be in violation of any provision Attorney. Any person, firm, of this Article shall be charged, at a maximum, with a class 1 misdemeanor. Each day in gd, violation shall constitute a separate offense. OVOrd 06-20 Adopted ted 10-04-06 18 C. Any person who causes unauthorized demolition, alteration, construction, or permits degradation or disrepair of a Designated Property as defined in this Article, or property proposed to be included in a Historic District, may be required to restore the property and site to its condition prior to the violation. The civil remedy shall be in addition to, and not in lieu of, any criminal prosecution and penalty. Until completion of restoration, no permits for anything other than restoration shall be issued for the property by the Town. 1514 SEVERABILITY This Article and its sections are hereby declared to be severable. If any section, subsection, clause, word or phrase of this Article is held to be void, unlawful or unconstitutional, such holdings shall not affect the validity of the remainder of this Article or of the Oro Valley Zoning Code Revised. O VOrd 06-20 Adopted 10-04-06 19