Taos City Zoning Code
§ 16.16.220.9
Standards for contributing properties.
A.
Changes in use (when applicable), relocation and new construction, including preservation and rehabilitation, of contributing properties shall follow the standards for new construction of noncontributing properties listed in section 16.16.220.8 of this chapter and the following rehabilitation standards, or the most recent standards for rehabilitation outlined in the Secretary of the Interior’s Standards for the Treatment of Historic Properties, if different:
1.
If a proposed rehabilitation will cause that building or structure to lose its status as a contributing property, the application cannot be approved;
2.
A contributing property shall be used as it was historically, or be given a new compatible use that maximizes the retention of distinctive materials, features, spaces, spatial relationships, site and environment. Examples of compatible uses include conversion of a residence to professional offices, a second story of commercial building to apartments, and retail space to offices;
3.
The historic character of a contributing property shall be retained and preserved. The removal of distinctive materials or alteration of features, spaces and spatial relationships that characterize a contributing property shall not be permitted;
4.
Each contributing property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features of elements from other contributing properties, shall not be permitted;
5.
Changes to a contributing property that have acquired historic significance in their own right shall be retained and preserved;
6.
Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize a contributing property shall be preserved;
7.
Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and where possible, materials. Replacement of missing features shall be substantiated by documentary and physical evidence. Missing features should be duplicated or replaced, based on careful study of similar features and historical evidence. Economic hardship shall not be used as a justification for deferred maintenance or exemption from this provision;
a.
Substitute material may be proposed in the following circumstances:
(1)
Unavailability of historic materials. This application must include written representation of due diligence to locate historic materials;
(2)
Unavailability of skilled labor. The application must include written representation of due diligence to locate skilled labor;
(3)
Inherent flaws in the original materials; or
(4)
Code required changes;
b.
If substitute material is proposed, it shall be evaluated according to the following standards:
(1)
The substitute material is compatible in appearance with the original material;
(2)
The physical properties of the substitute material are compatible with those of the original material, so as to produce no negative impact on adjacent historic materials;
(3)
The substitute material is installed correctly and in a manner that tolerates differences and is careful to protect adjacent historic materials; and
(4)
The substitute material has been tested in similar applications and is expected to perform well. Specifically, stability of color and texture, compressive or tensile strengths (if appropriate), the acceptable range of thermal coefficients, and the durability of coatings and finishes should be considered;
8.
Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials shall not be used;
9.
Archaeological resources shall be protected and preserved in place. If such resources must be disturbed, mitigation measures shall be undertaken;
10.
New additions, exterior alterations, or related construction shall not destroy historic materials, features and spatial relationships that characterize the property. The new work shall be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment;
11.
New additions may be approved if the purpose for the addition cannot be met by altering existing portions of the building. New additions and adjacent or related construction shall be undertaken in such a manner that, if removed in the future, the essential form and integrity of the contributing property and its environment would be unimpaired. If additions or adjacent or related construction is proposed, it shall be evaluated according to the following standards:
a.
The result is as inconspicuous as possible from the public view and set back ten feet (10') from the elevations visible from the public byways adjacent to the property as defined in streetscapes, section 16.16.220.6 of this chapter; and
b.
The result will not threaten character defining features, including the setting and/or relationship of buildings and structures.
(Ordinance 99-05 adopted 1999; Ordinance 10-07 adopted 2010; Ordinance 11-04 adopted 2011)