Taos City Zoning Code
§ 16.16.220.7
Preservation requirement.
A.
Preservation required.
All owners of properties within a historic overlay zone shall be responsible for the preservation and maintenance of all buildings and structures on their property to prevent decay and deterioration. Owners shall repair buildings or structures if they are found to have any of the following defects:
1.
Deteriorated or failing foundation;
2.
Deteriorated or failing flooring or floor structure;
3.
Deteriorated or failing walls, whether structural load bearing or nonload bearing;
4.
Deteriorated or failing roofs, ceilings, porches, portales or other building or structure parts such as, but not limited to: fireplaces, chimneys, doors, windows, antennas, etc.;
5.
Deteriorated or failing plaster or roofing membranes; or
6.
Should the structural adequacy of a building or structure part become suspect, the owner shall provide to the code administrator written documentation prepared by a licensed engineer as to the structural state of the items in question.
B.
Standards.
Preservation or rehabilitation of contributing properties shall meet the following standards, or the most recent standards for preservation outlined in the Secretary of the Interior’s Standards for the Treatment of Historic Properties, if different:
1.
The historic character and distinctive architectural features of a contributing property shall be retained and preserved. The replacement of intact or repairable historic materials or alteration of features, spaces, and spatial relationships that characterize a building or structure shall be avoided. Fifty percent (50%) or more of the original materials must be unrepairable in the written opinion of the code administrator in order to be replaced, provided that the new material matches the old in composition, design, color and texture, and shall not, in any way, damage original parts, features or materials of the building or structure;
2.
Each contributing property shall be recognized as a physical record of its time, place and use. Work needed to stabilize and conserve existing historic materials and features will be physically and visually compatible, identifiable upon close inspection, and properly documented for further research;
3.
Changes to a contributing property that have acquired historical significance in their own right shall be retained and preserved;
4.
Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize a building or structure shall be preserved;
5.
The existing condition of distinctive historic features shall be evaluated by the code administrator to determine the appropriate level of intervention needed. Where the severity of deterioration requires repair or limited replacement of distinctive historic features, the new material shall match the old in composition, design, color and texture, and shall not, in any way, damage original parts, features or materials of the building or structure. Fifty percent (50%) or more of the original materials must be unrepairable in the written opinion of the code administrator in order to be replaced, provided that the new material matches the old in composition, design, color and texture, and shall not, in any way, damage original parts, features or materials of the building or structure;
6.
Chemical or physical treatments, if deemed appropriate by the code administrator, shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials shall not be used; and
7.
Archaeological resources shall be protected and preserved in place. If such resources must be disturbed, mitigation measures shall be undertaken.
C.
Role of historic preservation commission.
Buildings or structures requiring preservation may be observed by the historic preservation commission or the need for preservation may be reported to the code administrator. It shall not be the historic preservation commission’s responsibility to inspect the historic overlay zone to determine the state of buildings or structures. All decisions by the historic preservation commission that a building or structure requires preservation shall be made at a public hearing, and in determining whether the building or structure requires preservation or maintenance, the owner of such building shall be given fifteen (15) days’ prior written notice of the public hearing by registered mail that his or her building or structure is being reviewed for preservation or maintenance. If the historic preservation commission determines that a building or structure requires preservation or maintenance, the owner of said building or structure shall provide and furnish the suggested preservation or maintenance within thirty (30) days after the historic preservation commission’s decision. If a property owner fails to provide suggested preservation or maintenance, he/she shall be subject to the penalty provisions hereinafter provided.
(Ordinance 99-05 adopted 1999; Ordinance 10-07 adopted 2010; Ordinance 11-04 adopted 2011)