8.7.E Certificate of Appropriateness (or No Effect)

E. Certificate of Appropriateness (or No Effect)

It is the intent of this process to ensure, insofar as possible, that properties designated as a landmark or a property within a historic district shall be in harmony with the architectural and historical character of the property or district.

A Certificate of Appropriateness is required before commencing any exterior improvements or development, including alteration, restoration, renovation, reconstruction, new construction, demolition, or removal, in whole or in part, of any landmark or property located within a historic district, whether or not the work will require a building permit. Building permits for exterior work on landmarks or properties within historic districts cannot be issued without first obtaining a Certificate of Appropriateness.

Requests for exterior improvements, including alterations, restoration, renovation, reconstruction, or new construction for exterior work on landmarks that are deemed to be of “no effect” by the Chairperson and Director may be eligible for a certificate of no effect, which can be issued administratively using the procedure below.

If a building permit is sought from the City without a Certificate of Appropriateness or certificate of no effect, the issuance of the permit shall be deferred until after a Certificate of Appropriateness or certificate of no effect is issued for the subject property.

Figure 8-15 identifies the applicable steps from Section 8.3, Common Review Procedures, that apply to the review of applications for certificates of appropriateness (or no effect). Additions or modifications to the common review procedures are noted below.

Figure 8-15: Certificate of Appropriateness (or No Effect)

A pre-application meeting shall be held in accordance with Section 8.3.B, Pre-Application Meeting.

The application for a Certificate of Appropriateness shall be submitted, accepted, and revised, and may be withdrawn, in accordance with Section 8.3.C, Application Submittal and Handling.

The Director shall review the application for a Certificate of Appropriateness and prepare a staff report and recommendation in accordance with Section 8.3.E, Staff Review and Action, with the following addition:

Upon acceptance of a complete application, no building or demolition permits affecting the proposed landmark shall be issued by the City until the process as described herein has been completed and the Commission has made its decision.

If an application qualifies for a certificate of no effect, the Director shall contact the Chairperson of the Historic Preservation Commission to review the application and confirm qualification of the application. If an application is found to qualify for a certificate of no effect, the Director shall issue a certificate of no effect within seven working days of receipt of the complete application.

If the Director determines that the proposed changes would require a Certificate of Appropriateness, the application shall be scheduled for a public hearing before the Historic Preservation Commission and noticed in accordance with Section 8.3.F, Scheduling and Notice of Public Hearings.

The Commission shall review the application and shall approve, approve with conditions, or deny the application in accordance with Section 8.3.G, Review and Decision, based on the specific criteria in Section 8.7.E(4), Certificate of Appropriateness Approval Criteria.

The Commission may utilize the following documents and criteria as guidelines when considering an application for a Certificate of Appropriateness:

i. Approved design guidelines for a designated historic district;

ii. Secretary of the Interior’s Standards for Rehabilitation;

iii. Secretary of the Interior’s Preservation Briefs and other information developed by U.S. Department of the Interior Park Service, Arizona Historic Preservation Office, National Trust for Historic Preservation, National Alliance of Preservation Commissions, Association of Preservation Technology, and the Old House Journal; and

iv. Any other guidelines as adopted by the City.

All common procedures in Section 8.3.H, Post-Decision Actions and Limitations, shall apply, with the following modifications:

1. No change shall be made in the approved plans of a project after issuance of a Certificate of Appropriateness without resubmittal to the Director and approval of the change at an administrative level, if that change is determined to be of no significant impact on the original proposed work set forth in the application. If the change is determined to have a significant impact on the original proposed work, the Director shall schedule a public hearing before the Commission in the same manner as the original Certificate of Appropriateness consideration.

2. A Certificate of Appropriateness (or no effect) expires six months from the date of issuance unless work is started within that time.

3. If work exceeds that specified in the Certificate of Appropriateness (or no effect), the certificate shall be revoked.

4. The Certificate of Appropriateness (or no effect) required by this section shall be in addition to any other permit(s) or review required for the proposed project.

It is the intent of this article to ensure, insofar as possible, that a historic resource designated as a landmark within an historic district shall be in harmony with and complementary to the architectural and historical character of the historic resource or district. When reviewing an application for a Certificate of Appropriateness, the Commission may approve, conditionally approve, or deny a Certificate of Appropriateness based on the following:

a. Any proposed new construction shall be distinguishable from the historic architecture; and

b. The proposed work does not detrimentally alter, destroy or adversely affect any architectural or landscape feature; and

c. The proposed work will be compatible with the relevant historic, cultural, educational or architectural qualities characteristic of the structure or district and shall include but not be limited to materials and elements of size, scale, massing, proportions, orientation, surface textures and patterns, details and embellishments and the relationship of these elements to one another; and

d. The proposed work conforms with review guidelines and/or other applicable criteria; and

e. The exterior of any new improvement, building, or structure in a designated historic district or upon a landmarked site will not adversely affect and will be compatible with the external appearance of existing designated buildings and structures on the site or within a historic district.