Taos City Zoning Code
§ 16.16.220.12
Historic overlay zone review administrative permit process and certificate of appropriateness process.
Any act or process which changes an exterior architectural feature or otherwise affects the exterior appearance of a building within the historic overlay zone requires either an administrative permit or a certificate of appropriateness, unless explicitly exempted by this section. No work shall be commenced until the owner has obtained an administrative permit or a certificate of appropriateness for the specific work being permitted. Any substantive change in the nature of the work requires an amendment to the administrative permit or a certificate of appropriateness.
The purpose of the historic overlay zone administrative permit and certificate of appropriateness process and the substantive requirements of this code are not to arbitrarily impede development, but to encourage preservation and enhancement of historic Taos. Applications should be completed and presentations made with this in mind. It is the intent of the town for a review to proceed efficiently with minimum delays. Efficient reviews can be accomplished only if applicants submit complete and accurate applications with scaled plans and specifications. The historic preservation commission members shall familiarize themselves with applications prior to the public hearing. In addition, to the extent possible, the various reviews required by the code will proceed concurrently.
A.
Activities requiring permit.
The following activities within the historic overlay zone require an administrative permit:
1.
Replacement in kind or with compatible substitute material of identical color and design, of:
a.
Windows;
b.
Window frames;
c.
Doors;
d.
Doorjambs;
e.
Canales;
f.
Roofing and/or parapets;
g.
Brackets;
h.
Steps;
i.
Plaster;
j.
Lintels;
k.
Vigas, latillas, or the like;
l.
Portals;
m.
Change of use, provided that, in the opinion of the code administrator, the proposed change is compatible to the current use and will not cause a nuisance to adjacent property. If, in the opinion of the code administrator, the proposed change of use is not compatible with the current use, then the proposed change in use must receive a certificate of appropriateness;
n.
New construction to noncontributing properties that does not alter the appearance of more than ten percent (10%) of the total of all facades and/or do not increase the building footprint by more than ten percent (10%);
o.
Demolition of a structure that is less than one hundred twenty (120) square feet, provided that the structure is not a contributing property or is recommended as a contributing property.
B.
Administrative permit required.
An administrative permit shall be issued by the code administrator for any activity listed in subsection A of this section if the following requirements are met:
1.
An application shall be made to the code administrator in writing on forms, the contents of which have been approved by the code administrator. The application shall include photographs and elevation drawings with an appropriate scale of the existing conditions and proposed conditions of all parts of the building which are the subject of the application;
2.
The code administrator shall inspect the property before issuing the administrative permit;
3.
The code administrator may approve, modify or deny the application in whole or in part. The application may be approved if the proposed work is consistent with the historic overlay zone design guidelines and development standards and is compatible with the spirit and purposes of this code. If the proposed work may have significant impact on the property, the code administrator will deny the application, causing the applicant to apply for a certificate of appropriateness under this section;
4.
All approved work shall be inspected by the code administrator after the work is completed and prior to receiving a certificate of occupancy. No additional work will be completed after the inspection without a new administrative permit.
C.
Activities exempt from permit.
No permit is required for the following activities within the historic overlay zone unless a building permit is required pursuant to the latest building and fire codes adopted by the town:
1.
Surface cleaning of a building;
2.
Evaluation of the condition of a building to determine its condition and/or what work will be required; provided that the building is returned to its original condition;
3.
Glass replacement;
4.
Plaster repair;
5.
Rust removal;
6.
Caulking;
7.
Painting, stuccoing, mud plastering or applying protective coatings, provided that the colors used comply with this section 16.16.220;
8.
Replacement fencing, provided that the existing fencing meets all requirements of this code;
9.
Temporary protective coverings (“temporary” is defined by this section as being no longer than 30 calendar days.);
10.
Landscaping provided that landscaping meets the requirements of the landscape ordinance;
11.
Repair of existing mechanical, electrical and plumbing systems, or similar code required work, provided such work complies with this section. The installation of new mechanical, electrical and plumbing systems that are installed to the exterior of the building must be approved by an administrative permit;
12.
Town public works projects, so long as such projects meet the criteria of this code;
13.
Emergency temporary repairs.
D.
Certificate of appropriateness.
Within the boundaries of a historic overlay zone, an application for a certificate of appropriateness must be filed for all changes in use (if applicable), demolition, relocation and new construction, including preservation, reconstruction, rehabilitation and restoration, except for those activities requiring an administrative permit or specifically exempt from this code.
1.
An application for a certificate of appropriateness shall be made in writing on the proper forms, the contents of which must be approved by the code administrator and shall be accompanied by a site plan prepared according to section 16.20.080.7 of this title, photos of all affected elevations of the building and structure, photos of the surrounding area taken from each such elevation of the building or structure, along with the fee established pursuant to appendix A attached to Ordinance 99-05 and available to the public at the office of the code administrator, in good funds. Once an application has been submitted, the code administrator shall review it for completeness and accuracy and whether it is a contributing property or noncontributing property. The application is then submitted to the historic preservation commission and the review proceeds as specified in this title.
2.
A preliminary public hearing before the development review committee shall be scheduled at the next available meeting after the application is submitted.
3.
After the preliminary public hearing before the development review committee, a final public hearing shall be scheduled with the historic preservation commission and conducted in accordance with section 16.12.040.5 of this title.
4.
At the final public hearing, the historic preservation commission shall approve, approve with modifications or conditions, deny, or suspend an application in whole or in part. If the historic preservation commission approves an application, with or without modifications or conditions, a certificate of appropriateness is granted and the project can proceed, as long as all other permits are obtained.
a.
“Approval” means that the proposed work is consistent with the design guidelines and development standards contained within this section, and is compatible with the spirit and the purposes of this title. A certificate of appropriateness is granted and the project can proceed, as long as all other permits are obtained.
b.
“Approval with modifications or conditions” means that the applicant has agreed to alter the proposal in accordance with the recommendations of the historic preservation commission or commission. A certificate of appropriateness can be granted and the project can proceed, as long as all other permits are obtained.
c.
“Denial” means that the historic preservation commission has found that the proposed project does not conform to this title. Any denial must be accompanied by a written statement from the preservation commission which documents the specific guidelines which have not been met and the reasons they have not been met.
d.
“Suspension” means that the preservation commission lacks adequate information to review an application. Once that information has been requested, supplied, and approved by the code administrator, the review process can proceed, with proper notification. An application cannot be suspended for more than one hundred eighty (180) days.
E.
Notification of preservation commission’s decision.
Notification of the historic preservation commission’s decision shall be made in writing to the applicant or the property owner(s) within fifteen (15) days after the final decision.
(Ordinance 99-05 adopted 1999; Ordinance 02-11 adopted 2002; Ordinance 04-12 adopted 2004; Ordinance 09-20 adopted 2009; Ordinance 10-07 adopted 2010; Ordinance 11-04 adopted 2011; Ordinance 15-07 adopted 2015)