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Medlock Place Historic District
What is all knowledge too but recorded experience, and a product of history?
-Thomas Carlyle
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Section 806. 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 ordinance 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 forty 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 fourteen 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 section 806.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 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 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 section 806.E.3.b.
d. In the event the initial hearing on an appeal to the HP Commission is not held within sixty 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 section 813. Requests for demolition approvals shall be filed in accordance with the procedures of that section.
5. Standards for granting demolition permit. 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 on an economic hardship to the property owner. Such hardship shall be determined in accordance with section 814.
6. An application for a demolition permit shall be exempt from these demolition review requirements if the City Manager or his 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 designee, or by the City of Phoenix Rehabilitation Appeals Board to protect the public health, safety and welfare. *1
7. The provisions of this section apply to all areas of the City under application for HP designation on the effective date of this ordinance and to all areas of the City for which applications for HP designation are initiated after the effective date of this ordinance.
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.
811. 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 ordinance.
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
1. Rehabilitation of historic structures. *1
2. Additions or alterations to historic structures. *1
3. New construction on vacant land located in historic districts or adjacent to historic structures. *1
D. Design guidelines may contain provisions which modify the standards for signs contained in section 705 of this ordinance. Such modifications may not change the safety or permit provisions of that chapter, 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 section 702 of this ordinance. If any of these provisions are to be contained in design guidelines, the guidelines shall be approved according to the procedures contained in section 807. *1
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 ordinance. An approved plan shall be binding upon the applicant 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 shall 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. *1
F. Nothing in this ordinance 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 structure without obtaining a demolition approval shall constitute a violation of this ordinance.
*1 Revision on 6-19-1996 by Ordinance No. G-3938
812. 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.
C. The Building Official shall refer requests for building permits located within an HP district to the HP Officer.
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 effect 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 fourteen 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 section 812.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 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 their next available meeting. The hearing shall be noticed and the property posted in accordance with subsection (3)(b) of this section.
d. In the event the initial hearing on an appeal to the HP Commission is not held within sixty 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. *1
E. Any person aggrieved by a decision of 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.
*1 Revision on 6-19-1996 by Ordinance No. G-3938
813. Demolition or moving of structures.
It is the intent of this ordinance 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, or 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. *2
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 *2
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. *2
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 fourteen 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 section 814 and sections 813.B.2.b and c [sic], 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 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 section 813.B.5 of this section.
7. In the event the initial hearing on an appeal to the HP Commission is not held within sixty 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 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 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 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 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 designee or by the City of Phoenix Rehabilitation Appeals Board because the building constitutes a danger to the public health, safety and welfare. +2
9. An application for a demolition permit shall be exempt from the demolition review requirements of sections 813.A and B If the City Manager or his designee notifies the HP Officer in writing as required in section 813.B.8. +2
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 section 813.B.2 of this ordinance. +1
1. Upon denial of a demolition approval, the HP Officer shall contact 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 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: *1
1. Granted on any basis other than that of economic hardship; or *1 *2
2. Denied, and the restraint of demolition under section 813.C or 813.D above has expired; *1
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 nonuse 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 restraint 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 section 813.B. *1 *2
a. 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 designee or the City Rehabilitation Appeals Board to protect the public health safety and welfare. +2
b. 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. *1 *2
c. 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 who 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. *1 *2
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.
814. Economic hardship.
Separate standards for obtaining certification of economic hardship are established for investment or income-producing and non-income-producing properties. Nonincome 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. +1
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.
C. Demonstration of an economic hardship shall not be based on or include any of the following circumstances:
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.
*1 Revision on 4-15-1992 by Ordinance No. G-3513
803. Definitions.
Alter: Any architectural, mechanical or structural change to an historic property which requires a permit under the Construction 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, 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 Official: The person or his designee authorized to grant permits for construction, alterations and demolitions pursuant to the Phoenix Construction 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 Construction 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 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 Construction 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 Phoenix, Arizona.
Construction Code: The Construction 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 Construction Code.
Demolish: Any act or process which requires a permit under Construction Code of the City and which destroys in part or in whole a house, building or other structure within an Historic Preservation 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. +1
Demolition approval: Authorization for removal of all or part of a structure which is located within an Historic Preservation District or an area under applications for historic preservation designation.
Development: Any modification, alteration, remodeling, new construction or excavation which requires a permit under the Construction Code of the City, or which affects the historical character of an historic property.
HP: Historic preservation.
HP Commission: The Historict Preservation Commission of the City of Phoenix Commission.
HP district: Historic Preservation District of the Phoenix Zoning Ordinance.
Historic Preservation Commission: The Commission created by this ordinance.
Historic Preservation 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 Officer (of the City of Phoenix): The City official who administers this ordinance and maintains the Phoenix Historic Property Register.
Historic property: One or more parcels of land, sites, houses, buildings, structures, objects, or areas which have been zoned HP.
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 Phoenix City Clerk's office on the date of the filing of an application.
Phoenix Historic Property Register: The list of contributing resources, including sites, structures, buildings, districts and objects within Historic Preservation Districts in the City of Phoenix as compiled and kept by the Historic Preservation Officer of the City of Phoenix.
Planning Commission: The Planning Commission of the City of Phoenix, Arizona.
Record owner: Same as "owner."
Remodel: Same as "alter."
Removal: Any relocation of a structure on its site or to another site.
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.
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