23-1-16 ENFORCEMENT; VIOLATIONS; PENALTIES.

ARTICLE 23-1
Historical Preservation in General

Section

23-1-1 Title

23-1-2 Purpose

23-1-3 Definitions

23-1-4 Historic Preservation Commission

23-1-5 Historic Preservation Officer

23-1-6 Temporary restraint of demolition

23-1-7 Procedure to establish Historic Preservation District

23-1-8 Landmark designation

23-1-9 Procedure to remove HP zoning designation

23-1-10 Permitted uses; suffix HP and HP L

23-1-11 Effect of HP zoning designation

23-1-12 Review process on application for certificate of no effect or certificate of appropriateness

23-1-13 Demolition or moving of structures

23-1-14 Economic hardship

23-1-15 Goodyear Historic Property Register

23-1-16 Enforcement; violations; penalties

23-1-1 TITLE.

This article shall be known as the Historic Preservation Ordinance of the City of Goodyear.

(Ord. 2001-748, passed 6-25-2001)

23-1-2 PURPOSE.

(A) It is declared as a matter of public policy that the protection, enhancement and preservation of properties and areas of historical, cultural, archaeological and aesthetic significance are in the interests of the health, prosperity and welfare of the people of the City of Goodyear. It is further recognized that communities have from time to time experienced past needless losses of historic properties which had substantial value to the historical and cultural heritage of their citizens. The Council wishes of Goodyear to take reasonable measures to prevent similar losses in the city future. Therefore, this article is intended to provide for the establishment of Historic Districts in order to:

(1) Effect and accomplish the protection, enhancement and preservation of improvements and landscape features of landmarks, districts and archaeological resources which represent distinctive elements of the city’s cultural, educational, social, economic, political, architectural and archaeological history;

(2) Safeguard the city’s historic, aesthetic and cultural heritage, as embodied and reflected in such districts;

(3) Foster civic pride in the accomplishments of the past;

(4) Protect and enhance the city’s attraction to visitors and the support and stimulus to the economy thereby provided;

(5) Promote the use of Historic Preservation Districts and properties for the education, pleasure and welfare of the people of the City of Goodyear.

(B) It is further declared that the purposes of this article are:

(1) With respect to an historic property and the properties in Historic Preservation Districts:

(a) To retain and enhance those properties which contribute to the character of the Historic Preservation District and to encourage their adaptation for current use;

(b) To encourage that alterations of existing structures maintain compatibility with the character of the Historic Preservation District;

(c) To provide encouragement and incentives so that new construction and subdivision of lots in an Historic Preservation District are compatible with the character of this Historic Preservation District;

(d) To recognize the value of Historic Preservation Districts and the contributions which they make to the cultural, educational and historic values of the city and to encourage the maintenance and preservation of Historic Preservation Districts for future generations by appropriate changes to historic properties;

(e) To retain and enhance historic properties in the City of Goodyear and to encourage their adaptation for current use;

(f) To encourage the restoration of historic properties;

(2) With respect to archaeological resources:

(a) To encourage identification of the location of both pre historic and historic archaeological resources;

(b) To assist with the preservation of these resources, within developments where appropriate, and with recovery of the resources where applicable;

(c) To encourage recognition of the fact that archaeological resources found on public land are the property of all citizens and are not private property. Archaeological resources found on city owned lands are the property of the city.

(Ord. 2001-748, passed 6-25-2001)

23-1-3 DEFINITIONS.

For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ALTER. Any architectural, mechanical or structural change to an historic property which requires a permit under the Building Code of the city.

ARCHAEOLOGICAL RESOURCES. Any material remains of past human life, activities or habitation which are of historic or pre historic significance. Such material includes, but is not limited to, pottery, basketry, bottles, weapons, utensils, weapon projectiles, tools, structures or portions of structures, pit houses, rock paintings, rock carvings, intaglios, graves, skeletal remains, personal items and clothing, household or business refuse, printed matter, manufactured items or any piece of any of the foregoing items.

AREA. Two or more parcels of land, sites, houses, buildings or structures which may include streets and alleys.

BUILDING CODE. The Building Code of the city which regulates construction in the city and requires building permits, electrical permits, plumbing permits and other permits to do work regulated by the Building Code.

BUILDING OFFICIAL. The person or his or her designee authorized to grant permits for construction, alterations and demolitions pursuant to the Goodyear Building Code and to make interpretations thereof.

CERTIFICATE OF APPROPRIATENESS. An official form of the city stating that proposed work on historic property is compatible with the historic character of the property, and therefore:

(1) May be completed as specified in the certificate; and

(2) Any building permits or other Building Code permits needed to do the work specified in the certificate may be issued by the city’s Building and Safety Department; and

(3) Any other permits required by other city ordinances, such as grading and drainage may be issued.

CERTIFICATE OF NO EFFECT. An official form of the city stating that proposed work on historic property will have no significant detrimental effect on the historic character of the property and therefore may proceed as specified in the certificate without obtaining further authorization under this ordinance and authorizing the issuance of any permits required by the City Building Code for said proposed work.

CITY AT LARGE. All land within the corporate limits of the city.

CITY COUNCIL. The Mayor and City Council of the City of Goodyear, Arizona.

DEMOLISH. Any act or process which requires a permit under the Building Code of the city and which destroys in part or in whole a house, building or other structure within an Historic District other than solely interior elements or demolition that does not alter exterior features or demolition that is not visible from outside the house, building or other structure.

DEMOLITION APPROVAL. Authorization for removal of all or part of a structure which is located within an Historic District or an area subject to one or more applications for historic preservation designation.

DEVELOPMENT. Any modification, alteration, remodeling, new construction or excavation which requires a permit under the Building Code of the city or which affects the historical character of an historic property.

GOODYEAR HISTORIC PROPERTY REGISTER. The list of contributing resources, including sites, structures, buildings, districts and objects within Historic Districts in the City of Goodyear as compiled and kept by the Historic Preservation Officer of the City of Goodyear.

HISTORIC DISTRICT. A zoning district in the form of an overlay zone, in which property retains the uses of and is subject to the regulations of the underlying zone, but which property is also subject to the provisions of the Historic Preservation Ordinance.

HISTORIC PRESERVATION COMMISSION. The Commission created by this article.

HISTORIC PRESERVATION OFFICER. The city official who administers this article and maintains the Goodyear Historic Property Register.

HISTORIC PROPERTY. One or more parcels of land, sites, houses, buildings, structures, objects or areas which have been zoned HP.

HP. Historic Preservation.

HP COMMISSION. Historic Preservation Commission of the City of Goodyear.

LANDMARK. A structure or site which contains an outstanding or unique example of an architectural style, which contains or is associated with a major historic event or activity, which contains important, intact archaeological resources, which is a site or structure of unique visual quality and identification or which is a site of general historic or cultural recognition by the community. A LANDMARK shall also meet all criteria for designation as an HP District.

MINOR WORK. Any change modifying, restoring, rehabilitating, renovating, surfacing or resurfacing of the features of historic property which does not materially change the historic characteristics of the property.

MOVE. Any relocation of a structure on its site or to another site.

OWNER. The owner as shown on the records of the property records section of the Goodyear City Clerk’s office on the date of the filing of an application.

PLANNING COMMISSION. The Planning Commission of the City of Goodyear, Arizona.

RECORD OWNER. Same as OWNER.

REMODEL. Same as ALTER.

REPLACEMENT/REUSE PLAN. A plan for redevelopment of a site within an HP District, indicating a proposed development which shall be in accordance with existing zoning, adopted specific plans and HP design guidelines. Such plans shall consist of a plot plan illustrating building locations, parking, walls and landscaping. They shall also include general elevation drawings of structures including roofs, doors and windows and other openings.

(Ord. 2001-748, passed 6-25-2001)

23-1-4 HISTORIC PRESERVATION COMMISSION.

(A) Creation of Commission; members; terms; vacancies. The Historic Preservation Commission is created, to consist of five members who are residents of the city at large, to be appointed by the City Council within 60 days of the adoption of this article. The members shall serve for terms of three years, except that the members of the first Commission shall serve as designated by the City Council for the following terms: two members for one year, three members for two years and two members for three years. Any vacancy shall be filled by the City Council within a reasonable time after the vacancy occurs, for the unexpired term. Members shall serve until their successors are appointed. The members of the Commission shall serve without compensation, but may be reimbursed for out of pocket expenses.

(B) Qualifications of members. Members of the HP Commission shall be persons who have demonstrated special interest, knowledge or experience in historic preservation.

(C) Chairperson, Vice Chairperson, Secretary, rules. The HP Commission shall elect its Chairperson and Vice Chairperson who shall have the power to administer oaths and take testimony. The Historic Preservation Officer or his or her designee shall serve as Secretary to the HP Commission. The HP Commission shall adopt rules of procedure for the conduct of its business.

(D) Member’s failure to attend meetings, successor. If a member of the HP Commission fails to attend three consecutive regular meetings of the HP Commission, or fails to attend 50% or more of the regular meetings of the HP Commission during a calendar year, unless excused by the Chairperson, the City Council may declare such member’s seat vacant and appoint a new member to serve the balance of the unexpired term.

(E) Powers and duties. The HP Commission shall work with City Council on matters of historic preservation; take the initiative in bringing people together on historic preservation issues; review proposed alterations to historic properties; historic districts and archaeological resources through the certificate of appropriateness process; and develop, maintain and from time to time amend a plan for historic preservation in the city. The Commission shall establish and maintain a Goodyear Historic Property Register, survey historic properties, including archaeological resources, recommend to the City Council designations for Historic Preservation Districts and utilize guidelines or criteria for evaluation of historic properties and districts, including archaeological resources; preservation districts and establish guidelines for evaluation of historic properties, districts including archaeological resources; provide public information and education on preservation, coordinate resources and provide technical assistance, develop criteria and review procedure, promote revitalization through preservation and make recommendations to the City Council and citizens of the city regarding historic preservation. The HP Commission may also confer and work in concert with other city, county, regional, state and national historic preservation boards and Commissions. The HP Commission shall work with and assist departments of the city in matters affecting historic preservation. The HP Commission shall recommend plans for the restoration or rehabilitation of city owned buildings and shall advocate and recommend plans for the restoration or rehabilitation of privately owned buildings and the preservation or archaeological resources. The HP Commission shall discourage and work with city departments to prevent unwanted demolition of historic buildings and structures and the destruction of archaeological resources.

(F) Conflict of interest. Conflict of interest of HP Commission members is controlled by the Arizona Revised Statutes and judicial decisions on conflict of interest.

(Ord. 2001-748, passed 6-25-2001)

23-1-5 HISTORIC PRESERVATION OFFICER.

(A) The position of Historic Preservation Officer is created in the Planning Department to work under the direction of the Planning Director.

(B) The Historic Preservation Officer shall:

(1) Perform administrative acts required by the Historic Preservation Ordinance, including giving notice, researching background material, preparing reports and recommendations, receiving and processing appeals, attending meetings of the HP Commission and rendering such assistance to the HP Commission as is required;

(2) Work with and assist departments of the city in matters affecting historic preservation;

(3) In conjunction with policy as established by the Historic Preservation Commission shall establish and maintain a program of incentives. These incentives shall be used to encourage owners of historic properties to obtain HP designation and to assist owners of designated property in recognition, restoration and maintenance of their historic, architectural or archaeological resources;

(4) Issue certificates of determination of potential eligibility for Historic Preservation District designation. Upon receipt of an application for a certificate, the Historic Preservation Officer shall determine whether the property could qualify for designation as a HP District or could qualify for inclusion in a HP District based on the criteria set forth in §§ 23-1-7(D), 23-1-7(E) and 23-1-8. A determination made by the Historic Preservation Officer pursuant to this subsection shall be advisory only and shall not limit future consideration of HP designation in accordance with the provisions of this article. Certificates shall be issued within 30 days of receipt of applications;

(5) Perform such other acts as are required by this article or by the HP Commission.

(Ord. 2001-748, passed 6-25-2001)

23-1-6 TEMPORARY RESTRAINT OF DEMOLITION.

A process is established for the review of proposed demolitions of structures which are located in areas where an application for HP designation is under consideration.

(A) It is the purpose of this article to preserve structures of historic or architectural significance, but it is recognized that all areas of significance cannot be identified, analyzed and designated at one time. However, it is important to protect properties with potentially qualifying buildings from inappropriate demolitions until review and hearings can be completed for possible HP designation.

(B) The following procedures are established to ensure a review of all proposed demolitions of structures within areas under application for HP designation.

(C) No demolition permit shall be issued by the Building Official within the designated areas unless a demolition approval is issued by the HP Officer, the HP Commission or the City Council.

(D) These procedures shall apply to any building that is located within an area of an application for an HP District between such time as the application is initiated or filed and the time action is taken on the application by the City Council.

(E) Procedures for review of applications for a demolition permit:

(1) All applications for a demolition permit within these areas will be sent by the Building Official to the HP Officer. A demolition approval shall be issued by the HP Officer and the application returned to the Building Official if:

(a) The subject building is not 40 years old; or

(b) It is determined that the building contains no historic or architectural significance, nor is an essential contribution to other historic features in the area.

(2) Standards of review by the HP Officer shall include:

(a) The architectural or historical value or significance of the structure or feature and its relationship or contribution to the historic value of the property;

(b) The relationship of the exterior architectural features or landscape features to the remainder of the structure, site or property;

(c) The relation of historic or architectural features found on the site to other such features within the surrounding area;

(d) Any other factors, including aesthetic, which may be relevant to the historical or architectural aspects of the property;

(3) If a demolition approval is not issued then the application shall be set for a public hearing and decision according to the following procedures:

(a) The HP Officer shall review the application and shall conduct a public hearing within 14 days of the filing of an application for a demolition permit. Notice of the application shall be posted on the property at least five days before the date set for the public hearing. The HP Officer shall review the application in light of the standards set forth in subsection (E)(5) below and the evidence presented at the hearing and shall either grant or deny the application;

(b) Any person aggrieved by the HP Officer’s decision may, within five days of his or her action decision, appeal to the HP Commission. If appealed, the matter shall be set on the next available agenda of the Commission. Notice of the hearing shall be mailed to the applicant at least seven days prior to the hearing and shall be posted on the property five days prior to the hearing;

(c) The Commission’s decision shall be final unless appealed by either the applicant or any aggrieved person within five days of the action decision. If appealed, the matter shall be set for a public hearing before the City Council at its next available meeting. The hearing shall be noticed and the property posted in accordance with subsection (E)(3)(b);

(d) In the event the initial hearing on an appeal to the HP Commission is not held within 60 days of the date the demolition permit application was filed, the application shall be deemed approved;

(4) In the event a demolition approval is denied, no permit for demolition shall be issued for one year from the date of the HP Officer’s initial hearing on the subject property unless a subsequent demolition approval has been requested and granted or until adoption of HP zoning for the property:

(a) If HP zoning has not been placed on the property at the time of expiration of the one year, the HP officer shall grant a demolition approval for the subject property;

(b) At the time of adoption of HP zoning, the temporary restraint of demolition and any stays of demolition in effect shall expire. Demolition approvals at that time shall be regulated by § 23-1-13. Requests for demolition approvals shall be filed in accordance with the procedures of that section;

(5) A demolition permit shall only be granted if the applicant demonstrates:

(a) That the building is of minimal historic significance because of its location, condition, modifications or other factors and its demolition shall be inconsequential to historic preservation needs of the area; or

(b) If the building is determined to have historic or architectural significance that the denial of the demolition permit will result in an economic hardship to the property owner. Such hardship shall be determined in accordance with § 23-1-14;

(6) An application for a demolition permit shall be exempt from these demolition review requirements if the City Manager or his or her designee notifies the HP Officer in writing that the building has been ordered to be demolished in whole or in part by the City Manager or his or her designee;

(7) The provisions of this section apply to all areas of the city under application for HP designation on the effective date of this article and to all areas of the city for which applications for HP designation are initiated after the effective date of this article;

(8) A demolition approval may be conditioned on stipulations which provide for rights of access to the property for the purposes of documentation or for agreed upon removal of artifacts.

(Ord. 2001-748, passed 6-25-2001)

23-1-7 PROCEDURE TO ESTABLISH HISTORIC PRESERVATION DISTRICT.

(A) Applications to establish Historic Preservation Districts shall be filed with the Planning Department.

(B) The Planning Department shall transmit the application to the Historic Preservation Officer of the City of Goodyear who shall compile and transmit to the HP Commission a complete report on the property in the application, including the location, condition, age, historical features and other relevant information, together with a recommendation to grant or to deny the application and the reasons for the recommendation.

(C) The HP Commission shall set a date for public hearing on the application. Notice of the hearing shall be mailed to the property owner and to the applicant, if different from the owner, at least 30 days prior to the hearing. The notice shall clearly state the implications of HP zoning to the property owner. Notice of the hearing shall be posted at least ten days prior to the hearing on or near the property in one or more locations so that the notice is visible to persons living or working in the neighborhood and to persons passing through the neighborhood.

(D) The HP Commission shall evaluate each parcel of property within an area that is included in the application for a demonstrated quality of significance in local, regional, state or national history, architecture, archaeology, engineering or culture and integrity of location, design, setting, materials, workmanship, feeling and association according to the following criteria:

(1) Associated with events that have made significant contribution to the broad patterns of our history;

(2) Associated with the lives of persons significant in our past;

(3) 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;

(4) Have yielded or may be likely to yield information important in the understanding of our pre history or history of Goodyear; and/or

(5) Are at least 50 years old or have achieved significance within the past 50 years if the property is of exceptional importance.

(E) The HP Commission shall, when applying the evaluation criteria in subsection (D) of this section, draw the boundaries of an historic district as carefully as possible to ensure that:

(1) The district contains documented historic, architectural or archaeological resources; and

(2) The district boundaries coincide with documented historic boundaries such as early roadways, canals, subdivision plats or property lines;

(3) Other district boundaries coincide with logical physical or manmade features and reflect recognized neighborhood or area boundaries; and

(4) Other non historic resources or vacant land is included where necessary to create appropriate boundaries to assist in meeting the criteria of subsection (D) of this section.

(F) Following the hearing, the HP Commission shall transmit to the Planning Commission, the HP Commission’s decision, report and recommendations.

(G) Upon receipt of the decision, report and recommendation of the HP Commission, the Planning Commission shall schedule a hearing on the application in the same manner and with the same notice requirements as are used for public hearings on other zoning applications by the Planning Commission. Notice of hearings shall be sent to each real property owner, as shown on the last assessment of the property, of the area to be designated HP and all property owners, as shown on the last assessment of the property, within 300 feet of the property, to be designated HP.

(H) The Planning Commission shall conduct a public hearing at which the property owner, parties in interest and citizens shall have an opportunity to be heard. After such public hearing, the Planning Commission shall make a report and recommendation to City Council.

(I) City Council may set a public hearing on the application or may adopt the Planning Commission’s recommendations without holding another public hearing unless:

(1) The property owner, member of the public or a City Council member, within seven calendar days after the Planning Commission announces its recommendations, either:

(a) Objects in writing to adoption of the recommendation without a City Council hearing; or

(b) Requests in writing that a public hearing be held on the application; or

(2) In the event that a public hearing before the City Council is to be held, the date, time and place of such hearing and the nature of the application shall be published at least once in a newspaper of general circulation in the City of Goodyear at least 15 days before the hearing and notice of the hearing shall be sent first class mail to each real property owner, as shown on the last assessment of the property, of the area to be designated HP and all property owners, as shown on the last assessment of the property within 300 feet of the property, to be designated HP. The date, time and place of such hearing and application shall be posted within the area included in the application so as to give at least 15 days’ notice of such Council hearing. In the case of a continuance, at least seven days’ posting is required but no publication is required.

(J) If a public hearing is held by City Council, then City Council may do one of the following:

(1) Adopt the recommendation of the Planning Commission;

(2) Modify the decision of the Planning Commission and adopt it as modified;

(3) Deny the application; or

(4) Remand the application to the Planning Commission of the HP Commission for further proceedings.

(K) Designation of property by City Council as historic preservation shall be followed by City Council adoption of a supplemental zoning map adding the suffix HP to the zoning classification of the property.

(L) The HP Commission may elect to first transmit its decision, report and recommendations to the Zoning Hearing Officer.

(1) In the event the HP Commission elects to first transmit its decision, report and recommendations to the Zoning Hearing Officer, the proceedings, including any hearings by the Planning Commission and the City Council, shall be governed by the provisions of the Zoning Ordinance governing rezoning matters.

(2) Notices of hearings held pursuant to this section shall be sent by first class mail to each real property owner, as shown on the last assessment of the property, of the area to be designated HP and all property owners, as shown on the last assessment of the property, within 300 feet of their property, to be designated HP.

(Ord. 2001-748, passed 6-25-2001)

23-1-8 LANDMARK DESIGNATION.

A classification of historic preservation zoning landmark is created to recognize that there are some historic properties that possess historic or architectural significance, integrity, distinctive visual character and quality that is a level of exceptional significance among historic properties. Designation by this category gives public recognition of the importance of these properties.

(A) Landmark designation can occur for a property already within an HP District or in conjunction with designation as an HP District.

(B) Review and hearing procedures for designation as a landmark shall be as set forth in § 23-1-7.

(C) At the time of recommendation for landmark designation, the HP Commission shall adopt a set of findings documenting the uniqueness and significance of the subject building or site.

(Ord. 2001-748, passed 6-25-2001)

23-1-9 PROCEDURE TO REMOVE HP ZONING DESIGNATION.

The procedure to remove the HP zoning district designation from property shall be the same procedure specified by this article to establish Historic Preservation District zoning.

(Ord. 2001-748, passed 6-25-2001)

23-1-10 PERMITTED USES; SUFFIX HP AND HP L.

(A) Any uses permitted by the existing zones over which Historic Preservation District zoning is superimposed shall be permitted. The property will be designated by its underlying zoning classification and any other overlay zone, plus the suffix HP. Property designated by the HP suffix is subject to the Historic Preservation provisions of this article, as well as being subject to those provisions of the zoning ordinance which are applicable to property in the underlying classification.

(B) Landmark designation shall be indicated by the suffix HP L for the property affected by such designation.

(Ord. 2001-748, passed 6-25-2001)

23-1-11 EFFECT OF HP ZONING DESIGNATION.

(A) From and after the adoption by City Council of a supplemental zoning map designating property with the Historic Preservation HP suffix, any removal or demolition of structures or construction, alteration or remodeling of structures or signs or any landscaping on such property or development of archaeological sites are subject to the provisions of this article.

(B) The owners of HP property shall maintain and preserve buildings, structures and sites at such a level that they are not a safety hazard to the occupants thereof or to the public.

(C) The HP Commission shall adopt design guidelines which shall apply to the exterior features of structures in all HP Districts. The guidelines are intended to offer assistance to property owners when building or modifying structures in the district, as well as to establish a set of standards to be used in reviewing proposals for certificates of appropriateness. The guidelines shall be a set of principles that give direction on how the parts and details of a building’s scheme or plan should be assembled involving the following categories of work in historic districts or on historic structures:

(1) Rehabilitation of historic structures;

(2) Additions or alterations to historic structures;

(3) New construction on vacant land located in historic districts or adjacent to historic structures.

(D) Design guidelines may contain provisions which modify the standards for signs contained in the Goodyear Zoning Ordinance. Such modifications may not change the safety or permit provisions of that article, but may specify size, height, placement, numbers, materials and lighting of signs. Further, these guidelines may specify the location of off street parking areas, driveways, screening or landscaping or parking areas and the required number of off street parking or loading spaces as contained in the Goodyear Zoning Ordinance. If any of these provisions are to be contained in design guidelines, the guidelines shall be approved according to the procedures contained in § 23-1-7.

(E) No building, permanent sign or other structure within an HP District may be erected, demolished, moved, restored, rehabilitated, reconstructed, altered or changed in exterior appearance until plans for such activities have been submitted to and approved by the Historic Preservation Officer or the HP Commission and a Certificate of No Effect, a Certificate of Appropriateness or a demolition approval is issued. Failure to comply with a stipulation, guideline or plan made a part of any of these approvals shall constitute a violation of this article. An approved plan shall be binding upon the applicant, the owner and their successors and assignees. No building permit shall be issued for any building or structure not in accord with the plan except that temporary facilities may be permitted in conjunction with construction. No structure or other element specified on the plan shall be eliminated or altered or provided in another manner, unless an amendment is approved in conjunction with the procedures for original approval.

(F) Nothing in this article shall be construed to prevent ordinary maintenance or repair of any structure in the HP District which does not alter or modify the historic character of the structure. Demolition of a structured without obtaining a demolition approval shall constitute a violation of this article.

(Ord. 2001-748, passed 6-25-2001)

23-1-12 REVIEW PROCESS ON APPLICATION FOR CERTIFICATE OF NO EFFECT OR CERTIFICATE OF APPROPRIATENESS.

(A) When a building permit or other permit is sought from the city to demolish, alter, remodel, move, build or otherwise develop or landscape property or archaeological sites in the HP District, issuance of the permit shall be deferred until after a Certificate of No Effect or a Certificate of Appropriateness is obtained from the Historic Preservation Officer or the HP Commission.

(B) In the event work requiring a Certificate of Appropriateness is being performed without such a certificate, the Historic Preservation Officer shall contact the person performing the work and ask that all work cease. If work continues, the Historic Preservation Officer shall ask that a Stop Work Order be issued by the Building Official. In the event work is being performed that is not in accordance with a Certificate of Appropriateness issued by the HP Commission, the Historic Preservation Officer shall ask that a Stop Work Order be issued by the Building Official. The city may seek an injunction to enforce a Stop Work Order.

(1) The HP Officer shall issue a Certificate of No Effect if:

(a) It is determined the proposed work is minor and clearly within adopted design guidelines; and

(b) If modifications to the proposed work are requested by the HP Officer, they are agreed to by the applicant; and

(c) In any case the proposed work will not diminish, eliminate or adversely affect the historic character of the subject property or its affect on the district.

(2) If a certificate of no effect is not issued, a certificate of appropriateness shall be required.

(3) The review and decision on certificates of appropriateness shall be conducted in the following manner:

(a) The HP Officer shall review the application and shall conduct a public hearing within 14 days of the filing of an application for a building permit. Notice of the application shall be posted on the property at least five days before the date set for the public hearing. The HP Officer shall review the application in light of the standards set forth in subsection (D) below and the evidence presented at the hearing and shall either grant or deny the application or grant it with stipulations;

(b) Any person aggrieved by the HP Officer’s decision may, within five days of his or her action, appeal to the HP Commission. If appealed, the matter shall be set on the next available agenda of the Commission. Notice of the hearing shall be mailed to the applicant at least seven days prior to the hearing and shall be posted on the property five days prior to the hearing;

(c) The HP Commission may uphold, reverse or modify the decision of the HP Officer. The Commission’s decision shall be final unless appealed by either the applicant or any aggrieved person within five days of the action. If appealed, the matter shall be set for a public hearing before the City Council at its next available meeting. The hearing shall be noticed and the property posted in accordance with subsection (3)(b) of this subsection;

(d) In the event the initial hearing on an appeal to the HP Commission is not held within 60 days of the date the building permit application was filed, the application shall be deemed approved.

(D) Standards for consideration of a Certificate of Appropriateness:

(1) The proposed work will be compatible with the relevant historic, cultural, educational or architectural qualities characteristic of the structure, site 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 relation of these elements to one another;

(2) Conformance with the guidelines approved by the HP Commission.

(E) Any person aggrieved by a decision of the City Council on a Certificate of No Effect or a Certificate of Appropriateness may file a special action in Superior Court in accordance with the law to have the court review that decision.

(F) No change shall be made in the approved plans of a project after issuance of a Certificate of No Effect or a Certificate of Appropriateness without resubmittal to the Historic Preservation Officer and approval of the change in the same manner as provided above.

(G) A Certificate of Appropriateness expires one year from the date of issuance unless work is started within that time.

(Ord. 2001-748, passed 6-25-2001)

23-1-13 DEMOLITION OR MOVING OF STRUCTURES.

It is the intent of this article to preserve the historic and architectural resources within HP Districts. However, it is recognized that there can be circumstances beyond the control of the owner or situations involving public health, safety and welfare which may result in the necessary demolition of a structure within an HP District. These situations include a building which constitutes a danger to the public health, safety and welfare, which involves a resource whose loss does not diminish or adversely affect the integrity of the district or which imposes an economic hardship on its owners.

(A) No permit shall be issued by the Building Official to move or demolish all or any part of a house, building or other structure in an Historic Preservation District without a Certificate of Demolition Approval.

(B) Requests for demolition approval shall be considered in the following manner:

(1) The Building Official shall refer an application for a demolition permit to the HP Officer;

(2) Within three days the HP Officer shall make a determination if a demolition approval can be issued. Criteria used to make this determination shall be:

(a) The structure is of no historic or architectural value or significance and does not contribute to the historic value of the property; and

(b) Loss of the structure would not adversely affect the integrity of the HP District or the historic, architectural or aesthetic relationship to adjacent properties and its demolition shall be inconsequential to historic preservation needs of the area;

(3) If a demolition approval cannot be granted, the applicant for the demolition permit may request a public hearing. If filed, such application shall contain a completed request for Certification of Economic Hardship;

(4) Upon receipt of a request for demolition approval hearing, the HP Officer shall review the application and shall conduct a public hearing within 14 days. Notice of the application shall be posted on the property at least five days before the date set for the public hearing. The HP Officer shall review the application in light of § 23-1-14 and subsections(B)(2)(a) and (b) above and the evidence presented at the hearing and shall either grant or deny the demolition approval;

(5) Any person aggrieved by the HP Officer’s decision may, within five days of his or her action, appeal to the HP Commission. If appealed, the matter shall be set on the next available agenda of the Commission. Notice of the hearing shall be mailed to the applicant at least seven days prior to the hearing and shall be posted on the property five days prior to the hearing;

(6) The Commission’s decision shall be final unless appealed by either the applicant or any aggrieved person within five days of the action. If appealed, the matter shall be set for a public hearing before the City Council at their next available meeting. The hearing shall be noticed and the property posted in accordance with subsection (B)(5) above;

(7) In the event the initial hearing on an appeal to the HP Commission is not held within 60 days of the date the request for a demolition approval hearing was filed, the application shall be deemed approved;

(8) The City Manager or his or her designee shall give written notice to the HP Officer that a building located in an HP District is the subject of a proposed demolition pursuant to a legal hearing process. The City Manager or his or her designee shall provide such notice at the same time that notice of a hearing on the demolition is given to the owner and any lienholders of the building. Upon receipt of such notice, the HP Officer shall give notice to any person who has requested to be notified of such pending demolition hearings. The HP Officer shall also place an item on each agenda of the HP Commission to discuss any demolition notices in an HP District. The notice provisions of this section shall not apply if the City Manager or his or her designee is entitled as a matter of law to order that a building be demolished in whole or in part without notice and hearing because the condition of the building is so dangerous, and harm to the public is so imminent that time will not permit a notice and hearing process. The City Manager or his or her designee shall also give notice to the HP Officer in writing that a demolition order has been issued for the building by the City Manager or his or her designee because the building constitutes a danger to the public health, safety and welfare;

(9) An application for a demolition permit shall be exempt from the demolition review requirements of subsections (A) and (B) of this section. If the City Manager or his or her designee notifies the HP Officer in writing as required in subsection (B)(8).

(C) If a demolition approval is not granted, then no demolition permit shall be issued for a period of one year from the date on which the request for demolition approval was denied by the Historic Preservation Officer, unless a subsequent demolition approval has been requested and granted pursuant to subsection (B)(2) of this section:

(1) Upon denial of a demolition approval, the HP Officer shall contract the property owner to determine what available assistance might be feasible to place the property into productive use;

(2) If a feasible rehabilitation or use is not found for the property, the HP Officer shall investigate methods of private or public acquisition of the property.

(D) For properties designated as landmarks, the restraint of demolition shall be three years. Review upon request by the owner may be made after two years. Procedures shall be as follows: two years after denial of a demolition approval, if no feasible use or ownership is found for the structure, the owner may request of the HP Commission a waiver of all or a part of the balance of the restraint of demolition. Factors to be considered by the Commission shall include:

(1) Efforts made by the property owner to make necessary repairs, to find an appropriate user or to find a purchaser for the property; and

(2) Efforts made by the HP Officer to locate available assistance and make that known to the owner as well as the use which was made by the owner of that assistance.

(E) If a demolition approval is granted on any basis other than that of economic hardship or denied and the restraint of demolition under subsections (C) or (D) above has expired, then the Building Official shall not issue a demolition permit until a redevelopment or reuse plan for the property has been filed with the HP Officer. The plan may be filed at any time following denial of the demolition request and shall be in compliance with existing zoning, the General Plan and any adopted Specific Plan, and the HP design guidelines applicable to the property. Vacant land or non use shall not be considered responsive to this requirement. Upon notification from the HP Officer that an approved reuse or redevelopment plan has been filed, the Building Official may issue a demolition permit at any time within one year from the date of the expiration of the demolition restraining or the grant of approval for demolition by the HP Officer. If the applicant fails to obtain a demolition permit within the one year period authorized above, the HP Officer may grant an extension of up to six months due to unforeseeable conditions preventing or inhibiting demolition. If demolition is not completed within the one year period, or any extension thereof, the Building Official shall not issue a demolition permit until the applicant has made a new application for demolition approval as provided in subsection (B) of this section.

(1) The filing of a reuse or redevelopment plan shall not be required when demolition of the building in whole or in part will occur pursuant to an order of the City Manager or his or her designee to protect the public health, safety and welfare.

(2) The requirement for filing a redevelopment or reuse plan shall be waived by the HP Officer if, following demolition, no historic feature will remain in the HP District and upon a finding that such requirement is unnecessary to assure compatibility with other HP designated properties in the vicinity.

(3) The HP Officer shall make a decision on a request for a waiver within three days of receipt of the request. The applicant or an aggrieved person may appeal the decision of the HP Officer within five days of the action. Upon receipt of an appeal, it shall be placed on the next available agenda of the HP Commission which shall conduct a public hearing. Notice of the hearing shall be posted on the property at least five days prior to the hearing. At the hearing, the Commission shall either grant or deny the request. The Commission’s decision shall be final unless appealed by the applicant or an aggrieved person within five days of the action. If appealed, the matter shall be set for a public hearing before the City Council on its next available agenda. Notice of the hearing shall be mailed to the applicant at least seven days prior to the hearing and shall be posted on the property at least five days prior to the hearing. If a waiver is approved, the Commission shall, upon demolition or removal of the structure, initiate an application to remove the HP designation from the property.

(F) Any new development on the property shall be in conformance with the plan submitted in conjunction with the demolition approval. Any changes from the plan shall require a certificate of appropriateness.

(G) A demolition approval may be conditioned on stipulations which provide for rights of access to the property for the purposes of documentation or for agreed upon removal of artifacts.

(Ord. 2001-748, passed 6-25-2001)

23-1-14 ECONOMIC HARDSHIP.

Separate standards for obtaining a Certification of Economic Hardship are established for investment or income producing and non income producing properties. Non income producing properties shall consist of owner occupied single family dwellings and non income producing institutional properties.

(A) The basis to establish economic hardship for an income producing property shall be that a reasonable rate of return cannot be obtained from a property that retains its historic features or structures in either its present condition or if its features or structures are rehabilitated.

(B) Economic hardship in regard to a non income producing property shall be found when the property owner demonstrates that the property has no beneficial use as a single family dwelling or for an institutional use in its present condition or if rehabilitated.

(1) Willful or negligent acts by the owner;

(2) Purchase of the property for substantially more than market value;

(3) Failure to perform normal maintenance and repairs;

(4) Failure to diligently solicit and retain tenants;

(5) Failure to provide normal tenant improvements.

(Ord. 2001-748, passed 6-25-2001)

23-1-15 GOODYEAR HISTORIC PROPERTY REGISTER.

(A) The Goodyear Historic Property Register is established for the purpose of recording the historic sties, structures, buildings, objects and areas which exist in the City of Goodyear.

(B) The Register shall consist of historic sites, structures, buildings, objects and areas which are zoned Historic Preservation District by the City Council and shall forthwith be listed on the Goodyear Historic Property Register by the Historic Preservation Officer.

(Ord. 2001-748, passed 6-25-2001)