Chapter 17.96
PRESERVATION OF HISTORIC SITES AND STRUCTURES

Sections:

17.96.010    Purpose and Findings

17.96.020    Creation of Historic Preservation Commission

17.96.030    Historic Overlay Zoning (HOZ)

17.96.040    Project Development Review

17.96.050    Development and Design Criteria

17.96.060    Enforcement and Penalties

17.96.010 Purpose and Findings

A.    Winslow has an extremely rich and diverse history. Due to its proximity to a reliable water source, Winslow lies in the heart of an area that was home to some of the oldest civilizations on the continent. Throughout time its location has presented the opportunity to witness the many phases of westward migration, from the early wagon trains through the railroad years; the advent of the automobile and Route 66; and now Interstate 40. The architecture of most of these phases of development can still be seen throughout the city.

B.    These phases in history combine to create the character of the community today. By preserving the significant sites and districts we can retain an appreciation for the past as we continue to develop into the next millennium.

C.    By preserving entire districts we can create a sense of place that will enhance the community image; serve as a stimulus to economic development by attracting tourists; and increase the property values throughout the district.

D.    A historic district is a single building, site, structure or object or group of buildings, sites, structures or objects, including signs, and which meet the criteria established by the National Register of Historic Places which states that the quality of significance in American history, architecture, archaeology and culture is present in districts, sites, buildings, structures and objects that possess integrity of location, design, setting, materials, workmanship, feeling and association and:

1.    That are associated with events that have made a significant contribution to the broad patterns of our history; or

2.    That are associated with the lives of persons significant in our past; or

3.    That embody the distinctive characteristics of a type, period or method of construction or that represent the work of a master, or that possess high artistic values or that represent a significant and distinguishable entity whose components may lack individual distinction; or

4.    That have yielded, or may be likely to yield, information important in prehistory or history; or

5.    Relates to events, personages or architectural styles that are at least fifty (50) years old. However, outstanding examples less than fifty (50) years old should be evaluated on their own merits. (Ord. 736 XIX § A, 1997)

17.96.020 Creation of Historic Preservation Commission

A.    Membership.

1.    The Winslow Historic Preservation Commission shall be composed of seven (7) members, appointed by the Mayor and Council, all of whom have demonstrated interest, experience or knowledge in one of the following: history, architecture, planning, archaeology, historic archeology, real estate, historic preservation, law or related field.

2.    To the extent available in the community at least two professionals from the disciplines of architecture, history, planning, architectural history, archaeology, or related historic preservation disciplines such as cultural geography or cultural anthropology should be members of the Historic Preservation Commission. Should no one be available from the community, the Council may hire a consultant.

3.    Commission members shall be appointed by the City Council to serve no more than three (3), three (3) year staggered terms of office. In the event of the death, resignation or removal of a member, the vacancy may be filled for only the unexpired portion of the term. The terms of all members shall extend until their successors are qualified.

4.    The Historic Preservation Commission shall meet at least four (4) times each year and follow the provisions of the Arizona Open Meeting Act.

B.    Powers. Unless otherwise specified herein, the powers and duties of the Historic Preservation Commission shall be as follows:

1.    Advisory to the Mayor and Council in all matters regarding historic preservation in the City of Winslow.

2.    Review and make recommendations for nominations to the National Register of Historic Places.

3.    Prepare, or cause to be prepared, and maintain a comprehensive inventory of historic buildings and districts in the City of Winslow that is compatible in form with the State Historic Preservation Office’s planning requirements.

4.    Increase public awareness of the value of historic, architectural, archaeological and cultural preservation by developing and participating in public information programs.

5.    Make recommendations to the Mayor and City Council concerning the utilization of grants from federal and state agencies, private groups and individuals on the utilization of budgetary appropriations to promote historic preservation in Winslow. The Commission shall raise funds as necessary to promote its programs and activities.

6.    Make known to the owners of historic properties the public standards for architectural review.

7.    Evaluate and comment upon decisions by other public agencies affecting the physical development and land use patterns in historic districts as appropriate.

8.    Hold public hearings as specified in this ordinance.

9.    Any other functions which may be designated by resolution or motion of the Council.

C.    Reporting and Notification Procedures:

1.    The Commission shall follow notification procedures under the Arizona Open Meeting Law as well as those discussed in this ordinance.

2.    The Commission shall keep written minutes.

3.    The Commission shall prepare a written annual report of Commission activities that is provided to the Mayor and Council, the State Historic Preservation Officer and is available to the public.

D.    The Historic Preservation Commission shall develop, propose and amend a Historic Sites and Structures Ordinance to be reviewed by the Planning and Zoning Hearing Officer for recommendation to the City Council.

E.    Vacancies. The recording secretary of the Commission shall notify the Council whenever any member is absent for three (3) consecutive regular meetings; three (3) such absences without cause shall be sufficient for the Council to declare a vacancy in that office. When a Commission member moves from the City, the office shall at once become vacant. Vacancies shall be filled for unexpired terms in the same manner as prescribed for original appointments. (Ord. 1380 § 1(B), 2022; Ord. 1342 § 1, 2019; Ord. 1242 (part), 2014)

(Manual, Renumbered, 11/20/1998)

17.96.030 Historic Overlay Zoning (HOZ)

A.    Intent. The intent of this zone is to promote the educational, cultural, economic and general welfare of the community, and to ensure the harmonious growth and development of Winslow by encouraging the preservation and rehabilitation of historic districts therein. The Historic Overlay Zone is to be superimposed over existing zones. This zone is intended to encourage the retention of historic properties and archaeological sites, preserve and keep them in active use and in their historic appearance, setting and placement rather than to modify uses in the underlying zones. It is also intended that new or remodeled buildings located within historic districts be designed and constructed to be compatible with buildings located within the immediate vicinity, in order to enhance property values, provide for future development and to promote and awareness of the heritage of Winslow among both residents and visitors to the community.

B.    Definitions.

1.    Alteration. Any significant aesthetic, architectural, mechanical or structural change to the exterior surface of any significant part of a designated property.

2.    Construction. The act of building an addition to an existing structure or the erection of a new principal or accessory structure on a lot or property.

3.    Demolition. The act or process that destroys in part or in whole a structure within an historic district.

4.    Historic district. A designation, in the form of Historic Overlay Zoning formally adopted by the City Council, applied to all properties within an area with defined boundaries, where said properties express a distinctive character worthy of preservation. An historic district may also include or be composed of archeological sites.

5.    Historic property or site. A designation, in the form of Historic Overlay Zoning formally adopted by the City Council, applied to an individual property, which expresses a distinctive character worthy of preservation, or an archeological site.

6.    Ordinary maintenance and repair. Regular or usual care, upkeep or replacement/reproduction of any part, or putting back together that which is deteriorated or broken, when no building permit is required under current city codes.

7.    Historic Structure. Any constructed or erected material or combination of materials the use of which requires location on the ground or attachment to something located on the ground, including buildings, mobile homes, stadiums, radio towers, sheds, storage bins, fences, and signs.

8.    Historic Overlay Zone List. A list of zones approved by Council and maintained by the City Clerk. It shall include the Assessor’s Parcel Number, legal description and description of the zone. The list shall be attached by reference to the Official Zoning Map.

C.    Initiation or Amendment of Historic Overlay Zone.

1.    Notwithstanding the provisions of Section 17.108.020 the procedure for establishing, amending or removing the historic overlay zoning designation shall otherwise be in accordance with the procedure for a rezone (this title).

(a)    With the written consent of one hundred (100) percent of the property owners of record within the proposed boundaries, action to establish, amend or remove the Historic Overlay Zoning may be initiated by the Historic Preservation Commission or the Mayor and Council.

(b)    The request for the Historic Overlay Zone shall be reviewed by the Historic Preservation Commission and the Planning and Zoning Hearing Officer. This shall be done at advertised public hearings, which may be joint hearings. Recommendations are then forwarded to the Mayor and Council for public hearing and action.

2.    Upon action by Council the city shall make public record, by resolution, the decision to initiate or amend the Historic Overlay Zone. The City Clerk will maintain a list of all such resolutions. The Official Zoning Map will contain a reference to this public record.

3.    Criteria for establishing a district, site, or object as historic:

In determining if an area, site, neighborhood or district shall be zoned as an Historic Overlay Zone the criteria of the National Register of Historical Places and the following criteria shall be applied. The property or site:

(a)    Is documented as dating from a particular, significant period in Winslow’s history; or

(b)    Is associated with the lives of outstanding historical personages; or

(c)    Is associated with significant historic events or occurrences; or

(d)    Exemplifies the architectural period in which it was built and has distinguishing characteristics of an architectural style, method of construction; or

(e)    Contributes information of archaeological, historical, cultural or social importance relating to the heritage of the community; or

(f)    Relates to events, personages or architectural styles which are at least fifty years old. However, outstanding examples less than fifty years old should be evaluated on their own merits.

D.    Permitted Uses. Use Requirements in the Historic Overlay Zone (HOZ) shall be as follows:

Any use permitted by the existing zones over which historic zoning is superimposed shall be allowed. The area zoned as an historic district shall be designated by its underlying zone name plus the acronym "(HOZ)". Example: C-66 (HOZ)

E.    Appeal. An appeal to Mayor and Council’s decision on a request to add, amend or repeal the Historic Overlay Zone shall be made in accordance with Chapter 17, Section 17.104.040 of the Winslow Municipal Code. (Ord. 1380 § 1(B), 2022)

17.96.040 Project Development Review

A.    The City Inspector shall not issue a building, grading or demolition permit for the erection or construction of a new building or structure or any alteration involving the modification, addition, moving or demolition of any part of an existing structure which would affect the exterior appearance of any existing building or the installation or alteration of a sign or the construction or enlargement of a parking lot within an historic district or on a property containing an historic building without having the plans approved by the Development Review Committee and the Historic Preservation Commission except as provided in Section 17.96.050E.

B.    Plans should follow the Secretary of Interior’s Standards for Rehabilitation (attached by reference) and the criteria set forth in this ordinance. The potential for significant archaeological resources shall be considered before a permit is issued.

C.    Plans shall be submitted to the City. City staff may require some or all of the following requirements:

1.    Lot dimensions.

2.    Location, size, height, use, and exterior materials of all buildings and structures.

3.    Size and dimensions of yards and space between buildings.

4.    Location and height of walls and fences.

5.    Location, number of spaces, dimensions, circulation patterns and surface materials for all off-street parking and loading areas, driveways, access ways and pedestrian walkways.

6.    The location, dimensions, areas, materials and lighting of signs.

7.    Location and general nature of lighting.

8.    Street dedications and improvements.

9.    Existing and proposed grades and drainage systems.

10.    The size and location of all existing and proposed public and private utilities. All easements must be shown.

11.    Natural features such as mesas, rock outcroppings, or streams, and man-made features such as existing roads and structures, with indication as to which are to be retained and which are to be removed or altered.

12.    Landscaping, including all surfacing material around building and in all open spaces.

13.    A vicinity sketch showing the location of the site in relation to the surrounding street system. Adjacent properties and their uses shall be identified.

14.    A legal (parcel) description of the land included in the site plan, and the name address, and telephone number of the owner, developer and designer.

15.    Any other information which the Historic Preservation Commission or Development Review Committee may find necessary to establish compliance with this and other ordinances.

D.    Preservation and Rehabilitation plans shall also include:

1.    Drawings ("elevations") showing views of the existing structure as well as all proposed structures on the property.

2.    Specific graphic information regarding exterior materials, colors and architectural details (trim, hardware, etc.), illumination, security, aesthetics.

3.    A sign plan, drawn to scale, showing the design, color, lettering and methods of attachment of all exterior signs.

4.    Any additional information that the Historical Preservation or Development Review Committee members may find necessary to establish compliance with this and other ordinances.

E.    A hearing by the Development Review Committee shall be held within ten (10) days of the receipt of the complete application.

F.    Appeal. The Historic Preservation Commission’s and the Development Review Committee’s decision may be appealed to the City Council by the property owner, or any aggrieved owner of property within three hundred (300) feet of the external boundaries of the property or district. Any appeal must be filed with the City Council within fifteen (15) days after the decision is rendered by the Historic Preservation Commission. (Ord. 1380 § 1(B), 2022)

17.96.050 Development and Design Criteria

A.    Existing – Alterations to an existing, contributing, historic building, site structure or object located in an Historic Overlay Zone shall properly preserve the historical and architectural characteristics which make it unique, and any changes or additions shall conform to the intrinsic and unique character of the building or structure itself. The design should adhere to the Secretary of the Interior’s Standards for Rehabilitation and will be permitted to reference the Uniform Code for Building Conservation.

B.    New – New construction shall be compatible with the collective characteristics of the structures located within the zone. The criteria are:

1.    Height.

2.    Setback.

3.    Proportion.

4.    Roof Types.

5.    Surface Texture.

6.    Site Utilization.

7.    Projections and Recessions.

8.    Architectural Details.

9.    Building Form.

10.    Color.

11.    Landscaping.

12.    Enclosures.

13.    Utilities.

C.    Demolition of Structures.

1.    No demolition permit shall be issued by the City Inspector for demolition of all or any part of a building, site, structure or object in the Historic Overlay Zone until a written request is submitted to the Development Review Committee and approved by the Historic Preservation Commission.

2.    The Historic Preservation Commission may deny a demolition permit.

3.    In making its decision, the Commission shall hold a public hearing to determine if the applicant has shown that the preservation of the structure is physically and/or economically infeasible.

4.    The Commission shall also take into consideration post-demolition plans, including replacement structures for the historic zoned property.

(a)    If preservation is found to be physically and/or economically infeasible, the City Inspector shall notify the applicant that the issuance of the demolition permit is approved by the Historic Preservation Commission.

(b)    If the preservation of the structure is found to be feasible, the Commission shall either attempt to convince the owner to preserve the building, or if the owner does not so agree within 7 days, to advertise and attempt to identify a purchaser for the property at market value who will agree to preserve the building or structure for a period of at least five years. If no purchaser is found within three months the demolition permit shall be approved.

5.    Nothing in this ordinance shall prevent the construction, reconstruction, alteration, restoration or demolition of any such feature which the city inspector shall certify is required by the public safety because of an unsafe or dangerous condition.

D.    Post Demolition Requirements.

1.    If a structure is demolished and the site left vacant, the area shall be maintained in a clean and inoffensive manner.

2.    If a structure is demolished and the site converted to another use not requiring buildings (such as a parking lot), the area shall be buffered by landscaping and walls or fences that generally conform to the character of the other buildings and structures located within its historic district or historic site.

3.    If demolished and a new structure erected, the structure shall generally conform to the character of the buildings located within its historic district as determined by using the historic district criteria as identified in this section.

E.    Maintenance.

1.    Nothing in this ordinance shall be construed to prevent ordinary maintenance or repair, including painting, of any exterior elements of any designated historic building, which does not modify the historic character of the structure.

2.    The City Inspector shall be empowered to issue permits, without approval of the Historic Preservation Commission, in such instances where the repair or maintenance consists of limited in-kind replacement per the Secretary of the Interior’s Standards.

3.    Historic district properties shall be kept in good repair by the property owner so as to not detract from their exterior appearance. Deterioration caused by deliberate neglect of maintenance or repairs shall not be considered valid grounds for the approval of a demolition permit application. The condition of the property at the time of designation shall be the standard of reference for the evaluation of future deterioration.

4.    The City Inspector shall advise the Historic Preservation Commission of cases of deliberate neglect or failure to meet minimum building code standards, particularly in regard to appearance, public safety and fire safety. The Historic Preservation Commission shall review such cases and make recommendations to the City Inspector.

5.    If maintenance is necessary, the owner shall be notified.

6.    If the Commission finds that deliberate neglect is occurring, the owner shall be cited by the City Inspector (Chapter 15.08 of the Winslow Municipal Code) and have up to 90 days to make the specific repairs necessary to correct the neglect.

7.    If the repairs are not completed within 90 days, the City of Winslow may make the repairs and place a lien for the expenses against the property owner or enforce the penalties as contained in Chapter 17.112 of the Winslow Municipal Code.

17.96.060 Enforcement and Penalties

A.    All work performed pursuant to the issuance of a building permit shall conform to the requirements of the permit and to the development plan. It shall be the duty of the City Inspector to inspect from time to time any work performed pursuant to the permit to assure such compliance. In the event work is not performed in accordance with the permit, the City Inspector shall issue a stop work order and all work shall cease per Chapter 15 of the Winslow Municipal Code. No person, firm or corporation shall undertake any work on such project as long as such stop work order shall continue in effect.

B.    Any person violating any provisions of this code, except as otherwise provided above shall be deemed guilty of a Class I misdemeanor and in accordance with Chapter 17.112 of the Winslow Municipal Code.