Chapter 15.15
HISTORIC PRESERVATION CODE
Sections:
15.15.010 Purpose and nature of these regulations.
15.15.020 Relationship to Taylor’s general plan.
15.15.040 Historic preservation commission.
15.15.070 Criteria for approval of a certificate of appropriateness.
15.15.080 Certificate of appropriateness application procedure.
15.15.100 Hardship application procedure.
15.15.110 Maintenance and repair required.
15.15.010 Purpose and nature of these regulations.
It is hereby declared as a matter of public policy that the protection, enhancement and perpetuation of landmarks and historic districts is necessary to promote the economic, cultural, educational, and general welfare of the public. Inasmuch as the identity of a people is founded on its past and inasmuch as Taylor has many significant historic, architectural and cultural resources, which constitute its heritage, this chapter is intended to:
A. Protect and enhance the landmarks, historic districts and historical artifacts which represent distinctive elements of Taylor’s historic, architectural, and cultural heritage;
B. Foster civic pride in accomplishments of the past;
C. Protect and enhance Taylor’s attractiveness to visitors and to enhance the support and stimulus to the economy thereby provided and resulting therefrom;
D. Ensure the harmonious, orderly, and efficient growth and development of the town. [Ord. 60 § 2, 2001; Ord. 54 § 1, 1999. Code 1983 § 19-1-1.]
15.15.020 Relationship to Taylor’s general plan.
The enforcement of, amendments to, and administration of this chapter shall be accomplished in accordance with the recommendations contained in Taylor’s general plan as developed and amended on a regular basis by the planning and zoning commission and town council of the town of Taylor. [Ord. 60 § 2, 2001; Ord. 54 § 2, 1999. Code 1983 § 19-1-2.]
15.15.030 Definitions.
The following definitions shall apply specifically and exclusively to this historic preservation chapter:
“Alteration” means any construction or change of the exterior of a building, object, site, or structure or of an interior space designated a landmark. For buildings, objects or structures, “alteration” shall include but is not limited to the changing of roofing or siding materials; changing, eliminating, or adding doors, door frames, windows, window frames, shutters, fences, railings, porches, balconies, swings, or other ornamentation and the changing of paint color. “Alteration” shall not include ordinary repair and maintenance as defined below.
“Artifact” means any historically significant item that is not a building but that is worthy of preservation either in its current place or in a museum or other historical facility.
“Building” means a structure created to shelter any form of human activity, such as a house, barn, church, hotel, or similar structure. “Building” may refer to a historically related complex, such as a courthouse and jail or a house and barn.
“Cemetery” means any site which contains at least one burial, marked or previously marked, considered a dedicated cemetery under Arizona State Statutes, even though suffering neglect or abuse.
“Construction” means the act of adding an addition to a structure or the erection of a new principal or accessory structure on a lot or property that requires a building permit.
“Contributing significance” means a classification applied to a building site, structure or object within a historic district signifying that it contributes generally to the qualities that give the historic district its significance, but does not have exceptional significance as defined below.
“Demolition” means any act or process that partially or totally destroys a landmark or a structure within an historic district.
“Design guideline” means a specific type of design criteria approved by the commission at the time of designation of a landmark, historic district, historic landscape district, or urban conservation district and to be used in conjunction with other design criteria in this chapter in reviewing alteration, construction, removal, or demolition.
“Exceptional significance” means a classification applied to a building, site, structure, or object signifying the individual contribution the resource brings to the community in representation of the qualities that give the community cultural, historic, architectural, or archeological distinction. Exceptional significance can be applied to either a “landmark” or to those resources within an “historic district” which are of individual importance.
“Exterior architectural appearance” means the architectural character and general composition of the exterior of a structure, including but not limited to the kind, color, and texture of the building material and the type, design and character of all architectural details and elements, including, but not limited to, windows, doors, walls, roofs, overhangs, signs, yards and/or open spaces.
“Historic district” means an area with definable boundaries designated as an “historic district” by the town council and in which a substantial number of the properties, sites, structures or objects have a not defined degree of cultural, historic, architectural, or archaeological significance and integrity, many of which may qualify as landmarks, and which may also have within its boundaries other properties, sites, structures or objects which, while not of such cultural, historic, architectural or archaeological significance to qualify as landmarks, nevertheless contribute to the overall visual characteristics or the significant properties, sites, structures or objects located within it.
“Interior architectural design” means the architectural character and general composition of the interior of a structure, including, but not limited to, room design and configuration, materials and the type, pattern and character of all architectural details and elements, including, but not limited to, staircases, doors, hardware, moldings, trim, plaster work, light fixtures and wall coverings.
“Landmark” means a property, site, structure, or object, individually designed by the town council that is worthy of rehabilitation, restoration, and preservation because of its historic, exceptional cultural, architectural or archaeological significance to the town of Taylor.
“Museum” means a building designated for the storage and display of historical artifacts with accompanying education and explanation.
“Noncontributing” means a designation applied to a site, structure or object within a historic district indicating that it is not a representation of the qualities that give the historic district cultural, historic, architectural or archaeological significance as embodied in the criteria for designating a historic district.
“Ordinary maintenance and repair” means regular, customary or usual care, reconstruction or renewal of any part of an existing building, structure or object for the purpose of preserving said property and maintaining it in a safe and sanitary condition.
“Property” means land and improvements identified as a separate lot for purposes of the subdivision and zoning regulations of the town of Taylor.
“Protection” means the act or process of applying measures to ensure that a historic resource is not damaged by vandalism, fire, flood, or other acts of nature.
“Reconstruction” means the act or process of reproducing by new construction the form and detail of a vanished building, structure, or object, or a part thereof as it appeared during a specific historical period.
“Rehabilitation” means 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 value.
“Repair” means any change that is not alteration, construction removal or demolition.
“Restoration” means the act or process of accurately recovering the forms and details of a property and its setting as it appeared at a particular time by removing later work or replacing missing elements.
“Stabilization” means the act or process of applying measures designed to reestablish weather resistance and the structural stability of unsafe or deteriorated property while maintaining the essential form of the property as it presently exists.
“Structure” means anything constructed or erected, the use of which requires a permanent or semipermanent location on or in the ground, including, without limitation, buildings, garages, fences, gazebos, advertising signs, billboards, antennas, satellite sending or receiving dishes, and swimming pools. [Ord. 60 § 2, 2001; Ord. 54 § 3, 1999. Code 1983 § 19-1-3.]
15.15.040 Historic preservation commission.
A. There is hereby created an advisory commission to be known as the town of Taylor historic preservation commission (“the commission”).
B. The commission shall consist of seven members to be appointed, to the extent available in the community, by the town council giving consideration to their interest and commitment in preserving local history, as follows:
1. At least one shall be a member of the Taylor/Shumway Heritage Foundation with a background in Taylor’s history;
2. At least one shall be a licensed real estate broker or agent, or licensed contractor;
3. At least one shall be a professional from one of the disciplines of architecture, history, architectural history, geography or cultural anthropology;
4. There shall be three members at large from the categories enumerated or otherwise;
5. One member from the town council (not subject to the limitation on term length applicable to other members since the electoral process controls a council member’s incumbency);
6. The town manager and/or designee may attend meetings and participate in an ex officio capacity and assist the commission in its activities as appropriate.
C. Commission members shall serve for a term or three years and members may be reappointed.
D. The chairman will be appointed by the town council and any other officers determined to be necessary will be selected from among the commission members and elected by them at the beginning of each fiscal year.
E. The responsibilities of the commission shall include:
1. Promulgation of rules and regulations as necessary for the conduct of its business.
2. Review of criteria (established by the United States Secretary of the Interior’s Standards) for the identification of significant historic, architectural, and cultural landmarks and for the delineation of historic districts.
3. Review the existing survey of significant historic, architectural, and cultural landmarks and historic districts within the town and periodically update the survey.
4. Recommendation to the Taylor town council the designation of identified structures or resources as landmarks and of historic districts.
5. Recommendations to the town council concerning the acquisition of facade easements or other interests in real property as necessary to carry out the purposes of this chapter.
6. Recommending acquisition of a landmark structure by the town when its preservation is essential to the purposes of this chapter and where private preservation is not feasible.
7. Making recommendations to the town council concerning the utilization of state, federal of private funds to promote the preservation of landmarks and historic districts within the town.
8. Recommending acquisition of a landmark structure by the town when its preservation is essential to the purposes of this chapter and where private preservation is not feasible.
9. Approval or disapproval of applications for certificates of appropriateness pursuant to this chapter.
10. Develop and recommend to the town council appropriate policies regarding historic preservation, awareness and facility development.
11. Provide oversight of all historic edifices owned or controlled by the town of Taylor.
12. Provide oversight, recommend policy and monitor any museums developed under the auspices of the town of Taylor, including the approval of procedures utilized in such endeavors, and the recommending of curators or other personnel.
13. Provide periodic reports to the town council on historic preservation activities and developments, including an annual report in June of each year.
F. The commission shall meet at least four times per year, but may meet more frequently if the business of the commission requires. The commission shall meet on the written request of any two commission members or as called by the chairman or mayor.
G. A quorum for the transaction of business shall consist of a minimum of four members of the commission. Decisions may be made by a majority of the members present. [Ord. 60 § 2, 2001; Ord. 54 § 4, 1999. Code 1983 § 19-1-4.]
15.15.050 Designation of landmarks or historic districts and dwellings and operation of entities owned or under the auspices of the town of Taylor.
A. The commission may recommend to the town council that a property be designated as a landmark if it:
1. Possesses special character or historic or aesthetic interest or value as part of the cultural, political, or economic history of the locality, region, state or nation; or
2. Is identified with historic personages; or
3. Embodies the distinguishing characteristics of a style; or
4. Is the work of an designer whose work has influenced an age; or
5. Because of a unique location or singular physical characteristic represents an established and familiar visual feature of a neighborhood.
B. The commission may recommend to the town council that a group of properties be designated as an historic district if it:
1. Contains several properties which meet one or more of the criteria for designation of a landmark; and
2. By reason of possessing such qualities, it constitutes a distinct section of the town; and
3. The majority of the owner(s) of the properties concur with the designation. The boundaries of each historic district recommended shall be specified in detail and shall be filed in the town clerk’s office where it shall be available for public inspection.
C. Notice of a proposed designation shall be sent by registered mail to the owner(s) of the property proposed for designation, either by the commission or by an owner, describing the property proposed and announcing a public hearing by the commission to consider the proposed designation. Where the proposed designation involves so many owners that individual notice is not feasible, notice may be published at least once in a newspaper of general circulation at least 15 days prior to the hearing date. Once the commission has issued notice of a proposed designation, no building permit shall be issued by the inspector until the commission has made its decision.
D. The commission shall hold a public hearing prior to the designation of any landmark or historic district. The testimonial or documentary evidence renewal at the hearing will become part of a record regarding the historic, architectural, or cultural importance of the proposed landmark or historic district. The record may also contain staff reports, public comments, or other evidence offered outside of the hearing.
E. The commission shall forward notice of each proposed landmark designation and of the boundaries of each proposed historic district to the town council for final action. On land designation notice of the landmark designation or district designation shall be submitted to the office of the Navajo County recorder for recordation, as appropriate.
F. The commission will develop policies to govern any historic properties owned or operated by the town and shall oversee the implementation of policies approved by the town council.
G. The commission will provide oversight over and approve procedures for any museum operated under the auspices of the town in accordance with policy approved by the town council, the commissioner shall approve any personnel employed in such operations in association with appropriate town staff and according to personnel policies in force in the town.
H. The commission will monitor all fund raising efforts appropriate to historical projects operated under the auspices of the town of Taylor to make sure they are consistent with policies and accountability measures employed by the town of Taylor. [Ord. 60 § 2, 2001; Ord. 54 § 5, 1999. Code 1983 § 19-1-5.]
15.15.060 Certificate of appropriateness for alteration, demolition or new construction affecting landmarks and historic dwellings.
No person shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction or moving of a landmark, or property within a historic district, nor shall any person make any material change in the appearance of such a property, its light fixtures, signs, sidewalks, fences, steps, paving or other exterior elements visible from a public street or alley which affect the appearance and cohesiveness of the historic landmark or historic district, without first obtaining a certificate of appropriateness from the historic preservation commission, and obtaining from the commission a certificate of appropriateness. [Ord. 60 § 2, 2001; Ord. 54 § 6, 1999. Code 1983 § 19-1-6.]
15.15.070 Criteria for approval of a certificate of appropriateness.
A. In passing upon an application for certificate of appropriateness, the historic preservation commission shall not consider changes to interior spaces, unless they are open to the public, or to architectural features that are not visible from a public street or alley.
B. No building permit shall be issued for such proposed work until a certificate of appropriateness has first been issued by the historic preservation commission. The certificate of appropriateness required by this act shall be in addition to and not in lieu of any building permit that may be required by any other ordinance of the town of Taylor. This provision does not apply to public works by the town.
C. The commission shall approve, deny or approve the permit with modifications within 21 days from receipt of the completed application. The commission may hold a public hearing on the application at which an opportunity will be provided for proponents and opponents of the application to present their views.
D. All decisions of the commission shall be in writing and a copy shall be sent to the applicant by registered mail and a copy filed with the town clerk’s office for public inspection. The commission’s decision shall state the reasons for denying or modifying any application.
E. The commission’s decision shall be based upon the following principles:
1. Properties which contribute to the character of the historic district shall be altered as little as possible; retained, with their historic features;
2. Any alteration of the properties of an existing historic landmark properties shall be compatible with its historic character. Any alteration of existing properties within a historic district shall be compatible with the historic character of the property as well as with surrounding properties; and
3. New construction shall be compatible with the district in which it is located.
F. In applying the principle of compatibility the commission shall consider the following factors:
1. The general “design” character and appropriateness to the property of the proposed alteration or new construction;
2. The scale of proposed alteration or new construction in relation to the property itself, surrounding properties and the neighborhood;
3. Texture, materials, and color and their relation to similar features of other properties in the neighborhood;
4. Visual compatibility with surrounding properties, including proportion of the property’s front facade, proportion and arrangement of windows and other openings with the facade, roof shape, and the rhythm of spacing of properties on streets, including setback;
5. The importance of historic, architectural or other features to the significance of the property.
G. As a guide to rehabilitation work, the commission shall utilize the Secretary of the Interior’s Standards for Rehabilitation (1990 Edition). [Ord. 60 § 2, 2001; Ord. 54 § 7, 1999. Code 1983 § 19-1-7.]
15.15.080 Certificate of appropriateness application procedure.
A. Prior to the commencement of any work requiring a certificate of appropriateness, the owner shall file an application for such a certificate with the historic preservation commission. The application shall contain:
1. Name, address and telephone number of applicant;
2. Location and photographs of property;
3. Elevation drawings of proposed changes, if available;
4. Perspective drawings, including relationship to adjacent properties, if available;
5. Where the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination and a plan showing the location on the property of the sign or lettering;
6. Any other information which the commission may deem necessary in order to visualize the proposed work.
B. No building permit shall be issued for such proposed work until a certificate of appropriateness has first been issued by the historic preservation commission. The certificate of appropriateness required by this chapter shall be in addition to and not in lieu of any building permit that may be required by any other provision of this code or ordinance of the town of Taylor.
C. The commission shall approve, deny or approve with modifications within 21 days from the receipt of the completed application. The commission may hold a public hearing on the application at which an opportunity will be provided for proponents and opponents of the application to present their views.
D. All decisions of the advisory commission shall be in writing, a copy shall be sent to the applicant by registered mail and a copy shall be filed with the town clerk’s office for public inspection. The commission’s decision shall state the reasons for denying or modifying any application. [Ord. 60 § 2, 2001. Code 1983 § 19-1-8.]
15.15.090 Hardship criteria.
An applicant whose certificate of appropriateness for a proposed alternation has been denied may apply for relief on the grounds of hardship. In order to prove existence of hardship, the applicant shall establish that the property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible. [Ord. 60 § 2, 2001; Ord. 54 § 9, 1999. Code 1983 § 19-1-9.]
15.15.100 Hardship application procedure.
A. After receiving written notification from the commission of the denial of a certificate of appropriateness, an applicant may commence the hardship process. No building permit or demolition permit shall be issued unless the commission makes a finding that a hardship exists.
B. The commission may hold a public hearing on the hardship application at which an opportunity will be provided for proponents and opponents of the application to present their views.
C. The applicant shall consult in good faith with the commission, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property.
D. All decisions of the commission shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed with the town clerk’s office for public inspection. The commission’s decision shall state the reasons for granting or denying the hardship application. [Ord. 60 § 2, 2001; Ord. 54 § 10, 1999. Code 1983 § 19-1-10.]
15.15.110 Maintenance and repair required.
A. Nothing in this chapter shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a landmark or property within a historic district which does not involve a change in design, material, color or outward appearance.
B. No owner or person with an interest in real property designated as a landmark or included within a historic district shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would in the judgement of the historical preservation commission have a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself.
C. Examples of such deterioration include:
1. Deterioration of exterior walls or other vertical supports;
2. Deterioration of roofs or other horizontal members;
3. Deterioration of exterior chimneys;
4. Deterioration or crumbling of exterior stucco or mortar;
5. Ineffective waterproofing of exterior walls, roofs or foundations, including broken windows or doors;
6. Deterioration of any feature so as to create a hazardous condition, which could lead to the claim that demolition is necessary for the public safety. [Ord. 60 § 2, 2001; Ord. 54 § 11, 1999. Code 1983 § 19-1-11.]
15.15.120 Violations.
A. Violation of any requirement or prohibition stated in this chapter or in the public record known as “The Town of Taylor Historic Preservation Code” is a Class 2 misdemeanor, punishable upon conviction by a fine of not more than $750.00 or by imprisonment for not more than four months. With respect to a violation that is continuous in nature, each day that the violation continues shall constitute a separate offense. Any person who demolishes, alters, constructs or permits a designated property to fall into a serious state of disrepair in violation of this chapter shall be required to restore the property and its site to its appearance prior to the violation. Any action to enforce this subsection shall be brought by the town attorney. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty. This provision shall not apply to the town of Taylor.
B. It is necessary for the peace, health and welfare of the citizens of the town of Taylor that this chapter becomes effective immediately. An emergency is declared to exist and the ordinance codified in this chapter shall be effective immediately upon its passage and adoption by the affirmative vote of not less than three-fourths of the mayor and council of the town of Taylor. [Ord. 60 § 2, 2001; Ord. 54 § 12, 1999. Code 1983 § 19-1-12.]
15.15.130 Appeals.
Any person aggrieved by a decision of the historic preservation commission relating to hardship or a certificate of appropriateness may, within 15 days of the decision, file a written application with the town council for review of the decision. [Ord. 60 § 2, 2001; Ord. 54 § 13, 1999. Code 1983 § 19-1-13.]
15.15.140 Fees.
No fees shall be required for application under this chapter. [Ord. 60 § 2, 2001; Ord. 54 § 14, 1999. Code 1983 § 19-1-14.]