The provisions of this chapter apply to the areas listed below:

Block 2, lots 10 through 13

Block 3, lots 1 through 24

Block 4, lots 1 through 24

Block 5, lots 1 through 24

Block 6, lots 1 and 19 through 24

Block S, lots 1 through 10

Block T, lots 1 through 10

Block 51/2, lots 1 through 10

Block 16, lots 10 through 13

Block 17, lots 1 through 24

Block 18, lots 1 through 24

Block 19, lots 1 through 24

Block 20, lots 1, 2, 22, 23, and 24

Block 31, lots 13 through 22

Block 32, lots 13 through 22

Block 33, lots 13 through 22

(Ord. 2015-01, 7-14-2015)

The purpose of this chapter is to promote the social, economic, educational, cultural, and general welfare of the community by:

   A.   Providing a mechanism to identify and preserve the distinctive historic, political, and architectural characteristics and elements of Tombstone;

   B.   Fostering civic pride in the historic heritage of Tombstone, as represented in the city's landmarks, historic buildings and historic preservation districts;

   C.   Conserving and improving the value of property, designated as landmarks or within historic preservation districts;

   D.   Protecting and enhancing the attractiveness of the city to property investors, business entrepreneurs, tourists, visitors, and shoppers, and thereby supporting and promoting business, commerce, industry, and providing a stable, long range economic benefit to the city;

   E.   Fostering and encouraging preservation, restoration, and rehabilitation of the structures, areas, and neighborhoods, and thereby preventing future deterioration and blight of the city;

   F.   Maximizing and protecting for future generations the attractiveness, unique historical character, and perceived authenticity for visitors of the city's historic preservation districts;

   G.   Reflecting the early fame and reputation of the city and its place in the history of the Southwest and of the United States. (Ord. 2015-01, 7-14-2015)

Unless specifically defined below or elsewhere in the land development code, words or phrases in this chapter shall be interpreted so as to give them the same meanings as they have in common usage and so as to give this chapter its most reasonable application. The word "shall" is mandatory and the words "should" and "may" are permissive. When used in this chapter, the following words shall have the meanings herein ascribed to them:

ALTERATION: Any act or process that changes one or more of the existing features of a structure, including, but not limited to, exterior changes or modifications of a structure or any of its architectural details or visual characteristics, including paint color and surface texture, facade materials, surface paving, landscape features, and placement or removal of signs, plaques, light fixtures, walls, fences, and street furniture.

APPLICANT: A person seeking a designation or authorization under this chapter or the person's designated and duly authorized agent or representative. This term may include the property owner, occupant of the site, the historic preservation commission ("HPC") or city commission.

APPURTENANT FEATURES: The features that define the design of a building or property including, but not limited to, porches, railings; columns, shutters, steps, fences, attic vents, sidewalks, driveways, garages, carports, outbuildings, gazebos, and arbors.

ARCHAEOLOGICAL PROPERTY/SITE: Any locale where there is physical evidence of past human activity that is either prehistoric or historic in age.

AREA OF SIGN: The area of the largest rectangle, square, or triangle required to enclose the sign. In the case of an irregularly shaped sign, or a sign made of individual cutout letters, the area shall be the sum of the areas of the squares, rectangles, or triangles necessary to enclose each letter or part of the sign. The area of any two (2) sided sign shall be the area of one side.

BUILDING: Shall refer to a dwelling, such as a house, barn, church, school, hotel, bar, restaurant, retail store, municipal building, or similar structure created to shelter any form of human activity. The term may also be used to refer to a historically and functionally related unit, such as a courthouse and jail or a house and barn. The term also includes mobile homes, manufactured homes, industrial housing and other movable structures intended to be stationary for an indefinite period of time.

CERTIFICATE OF APPROPRIATENESS: A certificate issued by the historic preservation commission indicating its approval of plans for alteration, restoration, reconstruction, removal, or demolition of a historic landmark; or for alteration, new construction, removal, or demolition of nonhistoric structures within a historic preservation district.

CERTIFIED LOCAL GOVERNMENT: A local government certified or approved by the state historic preservation office (SHPO), which has an appointed commission to oversee the survey and inventory of historic resources, to review areas for historically significant structures, and to develop and maintain community planning and education programs.

CONTRIBUTING BUILDING: A historic building that is at least fifty (50) years old or older that retains a significant amount of its physical integrity and character defining features including location, setting, design, construction, workmanship, and/or association with historical persons or events.

DEMOLITION BY NEGLECT: Allowing a building to fall into such a state of disrepair that it becomes necessary or desirable to demolish it.

DESIGN GUIDELINES: Guidelines of appropriateness or compatibility of building design within a community or historic preservation district. Often in the form of a handbook, design guidelines contain drawings accompanying "do's and don'ts" for the property owner. The historic preservation commission has authority to administer design guidelines.

EXTERIOR ARCHITECTURAL APPEARANCE: The architectural character and general composition of the exterior of a structure, including, but not limited to, the kind, color, and texture of the building material, and the type, design, and character of all windows, doors, walls, roofs, overhangs, light fixtures, signs, and appurtenant elements, and yards and/or open spaces.

FACADE: The entire building front including the parapet.

HEIGHT: The vertical distance measured between the highest point of a structure and the finished floor elevation of the lowest floor where any portion of floor is at or above finish grade.

HISTORIC DESIGNATIONS: An official recognition of the significance of a building, property or district. Designation can occur on three (3) different levels:

Federal: The national register of historic places (for both individual buildings and entire districts);

State: Recorded Arizona historic landmarks (only for individual buildings) and state archaeological landmarks; or

Local: Designated under a municipal historic ordinance either individually as a landmark or as a locally designated district.

HISTORIC LANDMARK: A building, structure, object or site designated by city council as a historic landmark.

HISTORIC PRESERVATION: The protection, reconstruction, rehabilitation, repair and restoration of places and structures of historic, architectural, or archaeological significance.

HISTORIC PRESERVATION COMMISSION (HPC): The seven (7) member board established under section 2-1-1 of this code and appointed by city council.

HISTORIC PRESERVATION DISTRICT: An area designated as a "historic preservation district" by ordinance of the mayor and common council, including, but not limited to, the Schieffelin historic preservation district, and which may contain within definable geographic boundaries one or more generally recognized historic landmarks, or which may have within its boundaries other properties or structures that, while not of such historic and/or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the city.

HISTORIC PRESERVATION INSPECTOR: A person recommended by the historic preservation commission, and confirmed by the mayor and common council, who shall receive applications from the public and perform inspections for the commission, as described elsewhere in this chapter. Such person may be either the city building inspector, or a separate person reporting to the commission.

HISTORIC REHABILITATION: The process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values.

HISTORIC RESOURCE: Any building, structure, object or site that is fifty (50) years or older or any resource that has been identified as a high or medium priority because of its unique history or architectural characteristics.

HISTORIC RESOURCES SURVEY: A systematic, detailed examination of an area designed to gather information about historic properties sufficient to evaluate them against predetermined criteria of significance.

HISTORIC SITE, HISTORIC STRUCTURE, OR HISTORIC LANDMARK: A site, structure or property which has historic and/or architectural significance, and is at least fifty (50) years old from the date of construction; and which contributes to the historic, architectural, cultural, archaeological or other significant value as part of the heritage or history of the city, the state of Arizona, or the nation.

INTEGRITY: The authenticity of a property's historic identity, evidenced by survival of physical characteristics that existed during the property's historic or prehistoric period.

INVENTORY: A list of historic properties that have been identified and evaluated as meeting specified criteria of significance.

LANDMARK: See definition of Historic Landmark.

LOCAL HISTORIC LANDMARK: Any site, building, structure, or landscape of historic significance that receives designation by the city pursuant to this chapter.

LOCAL HISTORIC PRESERVATION DISTRICT: A geographically and locally defined area that possesses a significant concentration, linkage, or continuity of buildings, objects, sites, structures, or landscapes united by past events, periods, or styles of architecture, and that, by reason of such factors constitute a distinct section of the city. Historic sites within a local district need not be contiguous for an area to constitute a district. All sites, buildings, and structures within a local historic preservation district, whether individually contributing or not are subject to the regulations of the district.

MINOR ALTERATIONS: The installation or alteration to awnings, fences, gutters, downspouts, and incandescent lighting fixtures; restoration of original architectural features that constitute a change from the existing condition; alterations to signs; and additions and changes not visible from any street to the rear of the main structure or to an accessory structure.

NATIONAL REGISTER OF HISTORIC PLACES: The nation's official list of buildings, districts, and sites (including structures and objects) significant in American history and culture, architecture, archaeology and engineering maintained by the national park service and administered on a statewide basis by the Arizona historical commission. Restrictions on these properties exist only when there is an undertaking that uses federal funds or that requires a federal permit or license.

NEIGHBORHOOD: An area of a community with characteristics that distinguish it from other community areas and which may include distinct ethnic or economic characteristics, schools, or social clubs, or boundaries defined by physical barriers such as major highways or railroads or natural features such as rivers.

OBJECT: A physical item associated with a specific setting or environment that is movable by nature or design, such as statuary in a designed landscape. The term object is used to distinguish from buildings and structures those constructions that are primarily artistic in nature or are relatively small in scale and simply constructed.

ORDER OF DEMOLITION: An order issued by the HPC, in accordance with the planning and zoning commission, indicating approval of plans for demolition of a designated landmark or property within a designated district.

ORDINARY MAINTENANCE: Repair of any exterior or architectural feature of a landmark or property within a historic preservation district which does not involve a change to the architectural or historic value, style or general design. In-kind replacement or repair is included in this definition of ordinary maintenance.

OVERLAY DISTRICT: Zoning, applied over one or more other districts, creates a second, mapped zone that is superimposed over the conventional zoning districts. Overlay district typically provides for a higher level of regulations in certain areas such as transit station areas, downtown areas, and historic preservation districts, but may also be used to permit exceptions or less restrictive standards (fewer parking spaces in a downtown or transit station area, or more density in an economic development area).

OWNER: The individual, corporation, partnership, or other legal entity in whom is vested the ownership, dominion, or title of property and who is responsible for payment of ad valorem taxes on that property; including a lessor or lessee if responsible for payment of ad valorem taxes.

PRESERVATION: Shall refer to the decision making process conducted by the historic preservation commission or an appointed historic preservation inspector that is guided by established terms.

PRESERVATION: The stabilization of a historic building, its materials and features in their present condition to prevent future deterioration. Preservation focuses on the maintenance and repair of existing historic materials and retention of a property's form as it has evolved over time. (Protection and stabilization have now been consolidated under this treatment.)

RECONSTRUCTION: "The act or process of reproducing by new construction the exact form and detail of a vanished building, structure, or object, or a part thereof, as it appeared at a specific period of time" (secretary of the interior's standards).

RECORDED ARIZONA HISTORICAL LANDMARK: A state designation for buildings important for their historical associations and which have retained a high degree of their original historic fabric. They must be at least fifty (50) years of age and retain their original exterior appearance. State historical landmarks receive greater legal protection than national register of historic places designations.

REHABILITATION: "The act or process of returning a property to a state of utility through repair or alteration that makes possible an efficient contemporary use while preserving those portions or features of the property that are significant to its historical, architectural, and cultural values" (secretary of the interior's standards).

REMOVAL: Any relocation of a structure or portion of a structure on its site or to another site.

REPAIR: Any restoration of a structure by replacing or fixing broken or deteriorated elements, which is not considered to be construction, removal or alteration.

RESTORATION: "The act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work" (secretary of the interior's standards).

SECRETARY OF THE INTERIOR STANDARDS FOR REHABILITATION: The standards established by the secretary of the interior for advising federal agencies on the preservation/rehabilitation of historic properties listed or eligible for listing on the national register of historic places (36 CFR part 67, historic preservation certifications). They pertain to historic buildings of all materials, construction types, sizes, and occupancy, and encompass the exterior and the interior of historic buildings.

SIGN; ADVERTISING STRUCTURE: Any physical object or structure which is erected, affixed, hung, leaned or propped against another object or structure, or standing by itself independently, or otherwise used for advertising purposes, whether portable or fixed, upon which any bill, poster, bulleting, printing, lettering, painting, device or other advertisement of any kind whatsoever is placed, posted, tacked, nailed, glued, painted, or otherwise fastened or affixed, regardless of whether the intent or purpose of said physical object or structure is permanent or temporary, and regardless of whether said physical object or structure is located at or on the site where the product or service being advertised is located, or at a different site or location. This definition shall not be held to include any board, object or surface used exclusively to display official notices issued by any court or public office, or posted by any public officer in performance of a public duty, or by a private person in giving required legal notice.

SITE: The location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historical, cultural, or archaeological value regardless of the value of any existing structure.

STABILIZATION: "The act or process of applying measures designed to reestablish a weather resistant enclosure and the structural stability of unsafe or deteriorated property while maintaining the essential form as it exists at present" (secretary of the interior's standards).

STANDARD APPLICATION FORM: A form processed by the historic preservation inspector, city clerk, and the commission.

STATE ARCHAEOLOGICAL LANDMARK: A designation made by the Arizona historical commission and, in the case of privately owned property, with the landowner's permission. Although called "archaeological" landmarks, this designation can include buildings as well as archaeological sites. For a building to be designated as a state archaeological landmark, it must first be listed on the national register of historic places. Damage to a state archaeological landmark is subject to criminal, not civil, penalties.

STATE HISTORIC PRESERVATION OFFICE (SHPO): The state office responsible for administering federal historic preservation programs as defined in the national historic preservation act of 1966, as amended and subsequent legislation. The executive director of the Arizona historical commission serves as SHPO for the state of Arizona.

STRUCTURE: Anything constructed or erected, the use of which requires permanent or temporary location on or in the ground, including, but not limited to, buildings, fences, walls, advertising signs, billboards, communication towers, satellite dishes, and tennis courts.

ZONING: A police power measure, enacted by a municipality, including the city, in which the community is divided into districts or zones within which permitted and special uses are established as are regulations governing lot size, building bulk, placement, and other development standards. (Ord. 2015-01, 7-14-2015)

The provisions of this chapter shall apply to all properties within the Schieffelin historic preservation district and any property designated as having historic significance within the Tombstone city limits, following the nomination and designation procedures specified in this chapter, provided that when one or more than one property owners are included in the proposed designated district, support of a majority of property owners of record, based on linear street frontage, within the boundaries of the proposed district or districts, must be submitted to the commission before final acceptance as a designated district. Such support shall be ascertained by a survey of said property owners, by the commission, or by written consent of fifty one percent (51%) of the property owners of record within the boundaries of the proposed designated district to be submitted with the application. Subsequent to the establishment of an initial designated district, or districts, other historic properties and districts may be added in the future upon application of the owner of said historic property, or of a majority of property owners within said district, following the same procedures specified in this chapter. (Ord. 2015-01, 7-14-2015)

   A.   Certificate Of Appropriateness: No person shall carry out any exterior alteration, restoration, reconstruction, removal, or demolition of a landmark structure, or exterior alteration or new construction of nonhistoric structures within a designated historic preservation district or on any individually designated historic property, nor shall any person make any material change in the exterior appearance of such property, its signs, light fixtures, fences, steps, sidewalks, paving, landscaping or other exterior elements visible from a public street or alley which affect the appearance and cohesiveness of the designated district, without first applying for and receiving a certificate of appropriateness from the historic preservation commission.

   B.   Applicability: This section applies to any building, grading, demolition or signage within the Schieffelin historic preservation district or any building or structure for which a certificate of appropriateness is under consideration other than minor alterations, as determined by the building inspector.

   C.   Effect Of Decisions:

      1.   All decisions concerning issuance or disapproval of a certificate of appropriateness shall be final, unless appealed through the appeal procedure included in this chapter. The commission may approve the granting of the certificate of appropriateness, approve the application with conditions, deny the application, or table the application for further information with the consent of the applicant, to a suitable meeting date which is agreeable to the commission and the applicant. Within twenty one (21) days of the receipt of an application, the historic preservation inspector shall forward a report and recommendation on the application to the commission. The commission shall act upon the application by approving it or denying it at a public meeting held for that purpose, and shall specify the reason(s). The commission shall transmit a copy of its decision, by first class mail, to the applicant. If the commission fails to have a quorum at a regularly scheduled meeting where a request for a certificate of appropriateness is on the agenda, the chairperson may call for a special meeting within two (2) weeks of the regularly scheduled meeting. Where the application is approved, the property owner shall have ten (10) days from the date of approval to sign the certificate of appropriateness or to appeal any such conditions contained therein. In the event an application is denied, no permits shall be issued.

      2.   Where the applicant or developer chooses to alter the plans beyond the conditions included in the certificate of appropriateness, the certificate will be withdrawn and the applicant shall submit a new or revised application for the proposed project. Upon resubmittal of the application, the commission shall schedule a meeting to consider information relative to the new or revised application for the certificate of appropriateness. At that time, the entire project will be reviewed and the determination of the commission will be final, unless appealed through the appeal procedures included in this chapter.

   D.   Unknown Or Undiscovered Conditions: If, during the actual construction, alteration, restoration or new construction, on a structure within a designated preservation district pursuant to a certificate of appropriateness, an architectural element or feature is discovered which was previously unknown, or an element or feature which was previously known is found to be absent or structurally unsound, work shall be stopped and the planning and zoning commission immediately notified of such condition. If, in the planning and zoning commission's opinion, the "discovered condition" requires changes to the overall construction plan pursuant to the certificate of appropriateness, which do not conflict with either the conditions of the certificate of appropriateness or the relevant historic, cultural, educational, or architectural qualities characteristic of the structure, site or district, the planning and zoning commission may approve the necessary changes and authorize the work to proceed in writing, without requiring commission review. If however, the planning and zoning commission determines that the "discovered condition" would require major changes to the construction plans pursuant to the certificate of appropriateness, or would not be compatible with either the conditions of the certificate of appropriateness, or the relevant historic, cultural, educational, or architectural qualities characteristic of the structure, site, or district, the applicant shall delay further work and resubmit the project for the commission's review, including any available information about the "discovered conditions" and proposed solutions. The commission, at its next available meeting, will review the conditions and proposed actions with the applicant, and will either reapprove the certificate of appropriateness, reapprove with new or amended conditions, deny the application, or table the application with the applicant's consent for further information.

   E.   Public Safety Exception: Nothing in this chapter shall prevent the alteration, restoration, reconstruction, removal, construction, or demolition of any such feature which the building inspector shall certify in writing is required by the public safety because of an unsafe or dangerous condition. Where the public safety and health is in immediate danger, and where no temporary corrective measures will suffice in protecting the public safety, such work shall be allowed without a certificate of appropriateness, but subject to all other appropriate and required permits. Such work shall be allowed only to the extent necessary to stabilize the structure in question and notification of such work shall be made to the planning and zoning commission and historic preservation commission for review at their next earliest meeting. The commission may require documentation from a licensed structural engineer or registered architect to determine that the work done was necessary to satisfy an emergency safety condition. Work done beyond that necessary to correct the public safety issue shall be subject to all of the rules and regulations of this chapter. (Ord. 2015-01, 7-14-2015)

   A.   Prior to commencement of any work involving a certificate of appropriateness the owner shall file an application for such a certificate with the historic preservation commission. The community development department shall process said applications. The application shall contain:

      1.   The required number (per application) of copies of plans and exhibits.

      2.   Name, address and telephone number of the applicant and the property owner(s).

      3.   Accurate site plan, to standard scale, including property lines, nearest right of way lines, building locations, parking areas, driveways, sidewalks, landscaping, fences and walls.

      4.   Exterior building elevation plans indicating existing and proposed conditions. Include specific information regarding materials, architectural details and colors.

      5.   The location and type of all existing and proposed exterior lighting.

      6.   The location, dimensions, height, materials, design, method of attachment and lighting of all existing and proposed signs.

      7.   Indicate existing and proposed landscaping, including trees, shrubs, ground covers, and finished grades.

      8.   Other information as may be necessary to show proposed action. (Ord. 2015-01, 7-14-2015)

In reviewing an application for a certificate of appropriateness, the historic preservation commission shall not consider changes to interior spaces or to architectural features that are not visible from a public street or alley. For development subject to the historic preservation chapter, the following criteria shall be reviewed, including appropriateness, compatibility, and historic design criteria:

   A.   Appropriateness: The appropriateness of a proposed development or action shall be considered in terms of the purpose and intent of maintaining and protecting historic resources in the city of Tombstone. The historic preservation commission's decision shall be based on the following principles, adhering to the adopted design guidelines:

      1.   Properties which contribute to the character of the historic preservation district shall be retained, with their historic features altered as little as possible.

      2.   Alterations to individual historic structures or landmarks shall conform to the unique and intrinsic character of the original structure itself, or of historically valid styles which may not reflect the original character of the structure.

      3.   New construction within a historic preservation district shall be consistent with the surrounding architecture and the principles stated in subsections B and C of this section.

      4.   Requests for demolition of historic landmarks shall follow the procedures contained in this chapter, and all reasonable alternatives shall be considered and eliminated prior to approval.

   B.   Compatibility: In applying the principle of compatibility, the commission shall consider the following factors:

      1.   The general design, character and appropriateness to the property of the proposed alteration or new construction.

      2.   The scale of the proposed alteration or new construction in relation to the property itself, surrounding properties, and the neighborhood.

      3.   Texture, materials, and color and their relation to similar features of other properties in the neighborhood.

      4.   Visual compatibility with the surrounding properties, including proportion of the property's front facade, proportion and arrangement of windows and other openings within the facade, roof shape, and the rhythm of spacing of properties on streets, including prevailing setbacks.

      5.   The importance of historic, architectural or other features to the significance of the property.

   C.   Historic Design Criteria: For alteration, restoration, or reconstruction of an existing designated historic structure or landmark, or alteration or new construction within a designated historic preservation district, the following design criteria shall be considered in addition to the secretary of the interior's standards for rehabilitation, which are to be considered guidelines to assist the commission as well as applicants in their proposals and deliberations. (Ord. 2015-01, 7-14-2015)

Architectural details, including materials, colors, and textures should be treated so as to make a landmark, building or structure compatible with its original architectural style and character or with a historically valid style and character which may not reflect the original character of the building, and to preserve and enhance the architectural style and character of a landmark or district. Exterior of all buildings located within designated historic preservation districts shall conform to the following design criteria:

   A.   Height Of Structure Shall Meet The Following Standards: Measurements for height shall be from the finished floor elevation to the highest point on the main facade, excluding flagpoles.

      1.   The height of one-story structures shall be a minimum of fifteen feet six inches (15'6") and a maximum of twenty feet (20'). The preferred one-story height shall be eighteen feet (18').

      2.   Two-story structures shall be a minimum of twenty feet (20') and a maximum of thirty eight feet (38'). The preferred two-story height shall be thirty feet (30').

      3.   Three (3) or more story structure shall not be allowed unless they conform to historically documented precedent.

      4.   Alterations or additions to a designated historic structure that are higher than the tallest comparable feature of the existing structure should be compatible with the existing architectural style, material and proportion. New construction may be no higher than otherwise allowed under the zoning regulations.

      5.   Alterations to the size, scale and mass of a designated historic structure shall reflect the proportions of the existing structure. The size, scale, and mass of new structures and additions shall have a proportional relationship compatible with existing historic structures in the district.

   B.   Width: The width of buildings shall reflect singly, or in combination with other structures, the regular pattern of thirty foot (30') lot widths.

   C.   Setbacks: Building setbacks shall be as follows:

      1.   Commercial buildings shall be built up to the property lines formed by street rights of way. Buildings shall form a continuous street frontage. Residential structures may be developed with continuous frontage and zero setbacks, or may have up to a fifteen foot (15') yard setback and equally sized side yards.

      2.   Alterations to a designated historic structure or new construction should be sensitive to the original front setback of the existing structure (preferred option), or the prevailing setback of a majority of structures on the block within the district or neighborhood. Setbacks must otherwise conform to zoning and landscaping regulations.

   D.   Facade Rhythm: All structures shall show strong patterns of alternating solid and void in the building facade. A thirty foot (30') bay should be divided into three (3) or four (4) segments, each containing either a window or a pair of doors. Openings or segments are to be bound by a pair of columns.

   E.   Facade Proportions: All building facades shall show the geometric proportions between vertical and horizontal lines of one to one (1:1), two to three (2:3) and three to five (3:5) (height to width).

   F.   Directional Expression: The thrust of individual facade elements shall be predominantly vertical. The pattern of repeated bays, detail lines, and structural shape shall give a definite horizontal thrust to the overall building elevation.

   G.   Building Materials: The predominant building material used for walls should have the appearance of adobe. Where historic precedent can be shown, wood frame, red brick, plastered block may also be used. Exposed roof systems shall be of wood with sheet metal covering, or shall have the appearance of wood shingles. Surface materials include both structural and nonstructural elements and features covering a building or structure, including, but not limited to, walls, exposed foundations, roofing materials, paving, decking, and architectural details. Alterations, restorations, and reconstructions involving surface materials should, if possible, be compatible in terms of type, color, size and texture of surface materials found on the existing structure where such material is representative of the historic period and style of the structure, especially if visible from a public street or alley. Alterations and new construction within historic preservation districts should utilize surface materials compatible with adjacent historic landmarks or of landmarks found within the district and representative of a historic period and style found in the district.

   H.   Roofs: Roof type shall be typical in shape to roofs of similar historic structures in the area. Roof alterations to existing structures should be compatible in configuration, mass, and materials with the existing roof. New roof construction should, if possible, be compatible with the predominate historic period of adjacent structures or of other historic structures in the district.

   I.   Porches And Boardwalks: Where historic precedent can be shown, buildings may have porches and/or boardwalks. Porches shall be either ten (10) or twelve feet (12') deep, according to established local historic precedent. Post height shall be a minimum of eleven feet six inches (11'6") and a maximum of thirteen feet six inches (13'6"), with twelve feet (12') being the optimum. Post rhythm may vary with porch length, but usually occurs at eight (8), ten (10), or twelve foot (12') intervals. The slope of the porch roof shall be a minimum of two inches (2") in twelve inches (12") (height to width), and a maximum two and one-half inches (21/2") in ten inches (10"), with the optimum slope being two inches (2") in ten inches (10").

   J.   Doors: All commercial buildings shall have access from street through paired doors opening outward. Paired doors are optional on residential structures. Commercial door heights shall be a minimum of eight feet six inches (8'6") and a maximum of ten feet (10'), with nine feet (9') as the desired standard. Doors shall have the appearance of being constructed of wood, painted or unpainted, and shall reflect the overall design influence of the entire structure.

   K.   Windows: Windows are to be constructed of several glass panes set in pairs or triplicate above and/or below each other. Combinations two by two (2 x 2), two by three (2 x 3), three by three (3 x 3), and three by four (3 x 4) may be used.

Glass panes are not to exceed six (6) square feet in area. The maximum horizontal and vertical dimension of a pane is not to exceed three feet (3').

A ventilation window shall be located over all commercial building entries.

   L.   Awnings: All awnings shall be of canvas or of canvas appearing material only. Rigid window shades shall be constructed of simple lumber materials, with roofing if applicable, as in subsection G of this section; alternatively, rigid shades may be constructed of appropriate materials indigenous to the Sonoran high desert, such as ocotillo stalks, saguaro ribs, yucca stems, etc.

   M.   Ramadas, Gazebos And Summerhouses: Ramada frames shall be constructed of simple lumber materials, left unpainted, or creosoted, or whitewashed. Ramada roofs shall be constructed of appropriate materials indigenous to the Sonoran high desert, such as ocotillo stalks, saguaro ribs, yucca stems, etc.

   N.   Detailing: Details shall be made principally of wood. Details shall reflect both Greek revival and early Victorian influences, with the Greek revival more pronounced. Interpretations of detailing shall be simple.

   O.   Boardwalks: Public boardwalks will be of solid wooden planks, consistent with applicable building codes.

   P.   Fences: Fences on public or private property shall be constructed either of wooden pickets or planks, or of wrought iron, or of ocotillo stalks, unless documented historic precedent of the individual property clearly indicated otherwise. Freestanding walls shall be constructed of stuccoed adobe block, rock, concrete, or native stone. Such walls may also be constructed of slump block if they are adequately plastered or stuccoed over to appear like adobe. Any fence within the Historic Preservation District which does not conform to the above must be hidden from view.

   Q.   Landscaping: Open lots and yards may be left in their natural earthen state, or enhanced with decomposed granite or gravel, or planted (plants and ornamental features shall reflect the historic period of the subject structures). Where possible, planting and other ornamental landscape features shall reflect the historical period of the subject structure and surrounding structures in historic preservation districts, and should not obscure or cover significant architectural details or features.

   R.   Streetscape: The style, location, and character of sidewalks, benches, bicycle racks, waste receptacles, newspaper boxes, landscape planting areas, and other similar features should be compatible with the character and style of the landmark or surrounding Historic Preservation District.

   S.   Colors: Unless clearly documented historic precedent can show conditions to be otherwise, walls should be preferably a natural earthen color indigenous to the area, or if plastered should be white. Major woodwork and details should be left natural or painted white. Accent colors may be used as trim, but are not to visually detract from the building's overall simplicity. If colors are applied to walls, they shall be compatible with the color chart approved by the HPC tints, as below, and shall in any case represent a blend achievable with the paints that would have been readily available during the period of historic significance.

In addition to white and black, painted color shall represent as closely as is practicable.

Representative sets of color chips shall be in the possession of the commission, the commission inspector and/or the City building inspector, and at City Hall.

   T.   Hitching Rails: Hitching rails for horses must be of appropriate size. (Ord. 2015-01, 7-14-2015)

   U.   Special Events Banners, Posters, Booths, And Decorations: During special events sponsored by not-for-profit civic organizations, and recognized by Mayor and Council, temporary banners, posters, bunting, booths or other decorations may be erected on private or public property within a Historic Preservation District for purposes of ad hoc publicity, only if approved in advance by the Historic Preservation Commission on a standard application form prior to being erected. Any such temporary banner, poster, bunting, booth or other decoration must be made of materials having the appearance of materials used during the period of historic significance. Lettering, pictures, sketches, logos, or other representations, as well as the shape or form of the decorations themselves, must not be utterly inappropriate to the period of historic significance of the relevant Historic Preservation District. The sponsoring not-for- profit organization shall be held directly accountable for the compliance of such banners, posters, booths, bunting, or other decorations with these guidelines.

   V.   Special Holiday Decorations: During generally recognized extended holiday seasons such as, but not limited to, Christmas and New Year's holidays, temporary decorations may be erected on public or private property within a Historic Preservation District, without submission of a standard application form. Any such temporary celebration decoration must be appropriate to the period of historic significance of the relevant Historic Preservation District, and must be removed at the end of the celebration. The specified time to be one week prior and one week after holiday and/or celebration. Lettering, pictures, sketches, logos, or other representations, as well as the shape or form of the decorations themselves, must not be utterly inappropriate to the period of historic significance of the relevant Historic Preservation District. (Ord. 2018-02, 9-11-2018)

   W.   Utility Services: Utility services within a Historic Preservation District shall be entirely buried underground, or completely hidden or camouflaged from view, unless the service is one which would have been available during the period of historic significance, in which case it may be visible, if it is visible in the same manner as it would have been during the period of historic significance. There shall be no electric, neon signs or wiring to be visible within the Historic Preservation District. Telephone, gas and electric boxes located in the Historic Preservation District must be camouflaged.

   X.   Routine, Minor, Or Emergency Maintenance Or Repair: Routine, periodic, minor, or emergency maintenance or repair work to the exterior of a building within a Historic Preservation District, other than signage, may be done concurrently with the submission of a standard application form, rather than waiting for prior approval of the form, where the total cost of the completed work is less than one thousand dollars ($1,000.00), or in those cases where delay would endanger the public or entail imminent damage to the building, and where the following criteria are met:

      1.   The work would otherwise meet all other applicable standards and criteria in this chapter.

      2.   A standard application form is submitted as soon as possible and in any event no later than the completion of the work. (Ord. 2015-01, 7-14-2015)

(Ord. 2015-01, 7-14-2015; amd. Ord. 2018-02, 9-11-2018)

   Y.   Commission Review: All future plans submitted to the Historic Preservation Commission shall be reviewed by the commission, which shall approve those in general conformity with the design guidelines or sign guidelines, or in conformity with documented original historic precedent of a specific building owned or managed by the applicant, if dating from the period of historical significance, with the burden of proof of such historic precedent being upon the applicant. (Acceptable exterior building colors shall be chosen from color chips supplied by a paint manufacturer, representing paints sold by that company or predecessor company during the period of historic significance, or which are acceptable in the professional opinion of the commission's consulting historian.)

All devices, machines or apparatus not appropriate to the period of historic significance shall be screened, hidden, or camouflaged as to not be visible to the public. For the purposes of this chapter, any vending or dispensing machines shall be considered an advertising device, subject to appropriate controls listed elsewhere in this Code. Signs or displays may be lit by electric lighting, but such lighting shall be indirect, with the light source hidden from public view.

   Z.   Interim Period: In the interim period following the official adoption of this chapter by the Mayor and Common Council but before the acceptance of the design guidelines and sign guidelines by the Historic Preservation Commission, the board shall be guided by the design guidelines and sign guidelines in this chapter in effect immediately prior to the adoption of this chapter.

   AA.   Completion Of Proposed Action Outlined In Approved Application: All approved construction, building, rehabilitation, renovation, restoration, repair, new construction, etc., involving any change to the exterior of any structure or building, or other structural appurtenance, or to any open space or yard, or sign erection, now in existence or to be built hereafter within the Historic Preservation District or within the surrounding buffer zone, shall be completed according to the following:

      1.   Signs, paint touch up, lighting, repainting, nonstructural repair, minor rehabilitation, etc., shall be completed within ninety (90) days of approval by the Historic Preservation Commission.

      2.   All approved major construction, building, rehabilitation, renovation, restoration, repair, new construction, etc., shall be completed within one hundred eighty (180) days of approval by the Historic Preservation Commission. All approved construction, building, rehabilitation, renovation, restoration, repair, new construction, etc., not completed within these guidelines must be resubmitted to the Historic Preservation Commission for explanation, rereview, and reapproval. The parameters of this section are considered applicable and governing all existing and outstanding applications approved by the Historic Preservation Commission. (Ord. 2015-01, 7-14-2015)

   A.   Intent: It is the intent of this chapter to encourage preservation and protection of historic structures and significant resources within designated historic preservation districts. However, it is recognized that there can be circumstances beyond the control of a property owner which may result in the necessary demolition of a landmark or structure within a designated district. These circumstances include a building which constitutes a nonrepairable public nuisance, which involves a resource whose loss does not adversely affect or may even benefit the integrity of the district, or which imposes an economic hardship on the owner. Such hardship shall be determined in accordance with this chapter. This section is intended to apply to demolition of exterior buildings or structure elements and shall not include demolition permits issued for the purpose of interior remodeling or other purposes not applicable to this chapter.

   B.   Issuance Of Permits: No permit shall be issued by the city, or by the city building inspector, or by the historic preservation inspector, for demolition or moving of all or any significant part of a structure or building which positively contributes to the character of a designated historic preservation district, before approval first by the commission and then by the mayor and common council. In making its decision, the commission may be influenced by the relative historic worth of structure, and by the influence which it has upon the district. The commission should not approve a demolition permit for building of exceptional merit and contribution to the district.

   C.   Approval: The commission may approve the demolition or moving permit if either of the following conditions exists:

      1.   The structure is judged by the city building inspector to be a hazard to public health or safety, and repairs are impossible or impracticable;

      2.   Retention of such structure would cause significant and undue financial hardship to the owner, defined as a situation where more funds than are reasonable would be required to retain the structure, or where moving the structure would not be feasible or permissible. In such a case, the burden of proof of significant financial hardship shall rest upon the owner of the structure in question.

   D.   Time Period: In cases where approval for demolition or moving is granted for reasons other than public health or safety, such certificate shall not become effective until one hundred eighty (180) days after application for the demolition permit. This time period is provided to allow for possible relief of a hardship, or to cause the property to be transferred to another owner who will retain the structure.

   E.   Maintenance: It shall be the responsibility of property owners within city historic preservation districts to maintain their historic properties at such a level that they are neither a public hazard nor infeasible to repair.

   F.   Demolition: When a structure is demolished, it shall be the responsibility of the property owner to clear the site within ten (10) days, and to keep it free from debris, trash, and weeds, in compliance with this code. (Ord. 2015-01, 7-14-2015)

The property owner, occupant, or other person legally responsible for a historic or nonhistoric structure, site, or landmark governed by this chapter, shall maintain in good repair such landmark so as to not detract from their exterior appearance or allow deterioration or decay of the resource. Deterioration caused by deliberate neglect of maintenance or repairs shall not be considered valid grounds for the approval of a demolition permit application. It shall be the duty of the historic preservation commission or designee to enforce this section. (Ord. 2015-01, 7-14-2015)

No conveyance or vehicle intended for regular commercial use or as a business endeavor within a historic preservation district, whether for hire or not, shall be issued a permit or license by the city without prior approval by the historic preservation commission on a standard application form. For the purposes of this chapter, any public conveyance or vehicle shall also be deemed a sign or advertising structure. Animal drawn or antique passenger conveyances operating commercially within a historic preservation district shall be either original vehicles manufactured during the period of historic significance, or else a close replica, as practicably identical as possible to the original. (Ord. 2015-01, 7-14-2015)

   A.   Violation: It shall be unlawful to construct, reconstruct, structurally alter, remodel, renovate, relocate, restore, demolish, raze, erect a sign, or maintain any building, structure, or other appurtenance in a historic preservation district or historic landmark in violation of the provisions of this chapter. It shall further be unlawful to operate a business in the historic preservation district, either on private property or on city property, except in a permanent building, other than for events sponsored by not for profit organizations, preauthorized by decision of the mayor and common council.

   B.   Approval: Once submitted and approved, neither plans nor the construction work itself may be altered, modified, or changed in any manner, without a resubmission to the commission for approval. Any work within the jurisdiction of this chapter noted by the historic preservation inspector to have been attempted, begun, or completed without prior approval of the commission, shall be immediately stopped, or, if a sign, taken down or removed, pending further action by the commission.

   C.   Notice Of Violations:

      1.   Any citizen may file a formal complaint of violation of this chapter with the office of the city marshal, or with the city building inspector, who shall then institute any appropriate legal action or proceeding to prevent such unlawful construction, reconstruction, structural alteration, remodeling, renovation, restoration, relocation, sign erection, demolition, razing, or maintenance; to restrain, correct, or abate such violation, to prevent any illegal act, conduct, business, or maintenance in and about such premises, or effect removal, and each day such a violation continues shall constitute a separate violation.

      2.   Any person, firm or corporation in violation of any provision of this chapter shall be guilty of a civil violation, and each shall be deemed guilty of a separate offense for each day or portion thereof during which any violation hereof is committed, continued, or permitted, and upon conviction, any such violation shall be punishable by a fine of no more than fifty dollars ($50.00) for each offense. (Ord. 2015-01, 7-14-2015)

   A.   The purpose of these standard administrative procedures is to:

      1.   Establish standardized procedures for the accomplishment of commission responsibilities as delegated by the mayor and common council to the HPC.

      2.   Define specific duties and responsibilities to those individuals entrusted to oversee the creation of, and preserve and maintain, historic preservation districts within the city of Tombstone.

   B.   These standard administrative procedures are intended to foster a harmonious working relationship within the historic preservation commission, and to promote a spirit within the community for self-conformity with Tombstone's preservation and conservation ordinances.

   C.   The criteria for selection of HPC members will be:

      1.   Commission members should be highly motivated, with integrity and community reputation above reproach, and respectable city of Tombstone citizens with a strong dedication to the creation and maintenance of Tombstone historic preservation districts.

      2.   Members, inspectors, or consultants to be considered for selection mainly because of technical qualifications, must willingly provide satisfactory documentation attesting to their special skills.

   D.   The commission shall make an annual report by May 1 of each year to the mayor and common council, on the state of preservation and/or conservation within the historic preservation districts of the city of Tombstone, and shall include in the report a summary of its activities for the past year and a proposed program for the next year.

   E.   The commission shall have the further responsibility of recommending to the mayor and common council, planning and zoning commission, and city departments, the adoption of policies, sources of funds, and designation of historic preservation districts and historic landmarks that may further the city's preservation or conservation efforts.

   F.   The chairman shall:

      1.   Call regular and special meetings, and have advance notice posted, in accordance with the Arizona open meeting law. Regular meetings shall be scheduled on the second and fourth Wednesdays of each month. Special meetings shall be called only in the event of bona fide, verifiable emergencies, or demonstrable hardship.

      2.   Conduct the meetings in accordance with "Robert's Rules Of Order".

      3.   Preparation of the meeting agenda with input from other HPC members, and the commission inspector.

      4.   Appointment of a vice chairman and secretary, and nomination to the council of the commission inspector, with approval of the HPC voting members.

      5.   Solicitation of highly qualified and motivated citizens for nomination to the mayor and common council to fill vacancies in the HPC's members.

      6.   Notification to the city clerk of HPC member resignations in writing, within five (5) working days after receipt of such resignation.

      7.   Notification to the city clerk in writing of the expiration of member's terms, not less than thirty (30) days from the termination date.

      8.   Apply for funds from the mayor and common council for expenses to pay for: experts in technical deliberations, court appearances, and approved conferences.

      9.   Consultations with the city attorney on HPC matters only after prior approval by the mayor or the mayor's designee.

      10.   Initiate removal actions with mayor and common council on any HPC member for just cause. Mayor and common council shall be the final arbiter regarding the removal of any member.

   G.   The vice chairman shall:

      1.   Assume the duties of the chairman in his or her absence.

      2.   Perform administrative functions as requested, and/or needed, by the chairman.

   H.   The secretary and assistant secretary shall:

      1.   Maintain accurate HPC minutes of meetings.

      2.   Maintain reference files and copies of pertinent city code books, ordinances, and city council minutes regarding the HPC's functions and responsibilities.

      3.   Maintain a duplicate log book on requests for HPC actions and approvals.

      4.   Verify the technical credentials of HPC nominations for membership as required for selection based on specific qualifications.

      5.   Notify members of meetings.

      6.   Assume the functions of the chairman and vice chairman in their absences.

   I.   HPC members shall:

      1.   Render unbiased decisions on the review of applications before the HPC for approval.

      2.   Report any known, observed, or possible city historic preservation districts ordinance of code violations to the HPC inspector, in writing.

      3.   Provide input to the HPC meeting agendas.

      4.   Solicit highly qualified citizens to fill HPC vacancies.

      5.   Notify the secretary if unable to attend meetings, or if intending to be absent from Tombstone for more than one week.

      6.   Notify the secretary of resignation, either orally, or in writing.

      7.   If possible, attend city council and planning and zoning commission meetings and/or workshops, when their agendas have items of interest to HPC.

      8.   Be suspended from membership on the commission after three (3) unexpected absences from regular commission meetings, pending further action by the commission at the very next regular or special meeting, when that person will either be removed, pursuant to subsection F10 of this section, or returned to regular member status.

   J.   The inspector shall:

      1.   Conduct unbiased inspections in a timely manner.

      2.   Prepare violation reports in an accurate, unbiased, and factual manner.

      3.   Together with the chairman and/or vice chairman and other commission members, conduct quarterly walk-through inspections of the city's historic preservation districts, and encourage residents and business owners and managers to maintain an attractive and neat appearance of their properties.

      4.   Deliver approved applications to the city clerk's office within two (2) working days after HPC approval.

      5.   Assign a log number to each application (e.g., year - month - number of application: 90-70-10), and provide a copy to the HPC secretary and the city clerk's office.

      6.   Assign a sequence number to each historic preservation districts report, and monitor its final description.

      7.   Appear in court as an HPC witness, to testify to the nature of violations.

   K.   The city clerk shall:

      1.   Forward properly completed HPC standard application forms to the HPC in a standardized and timely manner.

      2.   Provide new business license applicants with the HPC's advisory packets.

      3.   Brief new residents and business owners on the special requirements pertaining to residing and/or conducting a business within the city historic preservation district.

      4.   Provide copies of all city council meeting minutes regarding the HPC or the city's historic preservation districts.

      5.   Provide an HPC meeting box at city hall.

      6.   Maintain a log book in city hall as the office record for HPC applications.

   L.   The city building inspector shall:

      1.   Issue no permit for any work covered by the commission's jurisdiction in any city historic preservation district without prior HPC approval.

      2.   Report any known or probable violations of the city's historic preservation districts ordinances to the commission inspector or chairman as soon as possible.

   M.   The city marshal shall: Following the due process of compliance notification outlined in subsection N of this section, issue a citation to the alleged violator citing him or her into city magistrate court.

   N.   As soon as is reasonably possible following the filing of a complaint violation with the city marshal or the city clerk's office, the commission inspector, or other commission member duly delegated by the commission chairman or vice chairman, shall meet in person informally with the alleged violator, and attempt to persuade him or her to comply voluntarily with the historic preservation districts ordinance within forty eight (48) hours, exclusive of officially recognized state or national holidays.

   O.   If the violation is not corrected within forty eight (48) hours, the commission inspector shall write a letter on official city letterhead to the alleged violator, detailing the exact nature of the violation, citing city code, and the authority of the city under the code to mandate correction of the violation.

   P.   If the violation is not corrected within five (5) calendar days from the postmark on the inspector's letter, exclusive of officially recognized state and national holidays, the inspector shall send a copy of the letter, clearly marked "Second Notice" to the alleged violator. If the violation is not corrected within five (5) calendar days of the postmark of the second letter, exclusive of officially recognized national or state holidays, then all administrative remedies within city government will be deemed to have been exhausted, and the city marshal shall cite the alleged violator into city magistrate court.

   Q.   Minor revisions as they relate only to internal HPC structure may be made without approval of mayor and council. However, any revision impacting on any other city offices, commission, boards, ordinances, or codes must have council approval. (Ord. 2015-01, 7-14-2015)

   A.   Appeals from the historic preservation commission's decision must be made in writing by the party seeking the permit, detailing his or her grounds for appeal, and asking for a special public hearing by the commission, to deal only with this particular appeal. Upon receiving notice of such an appeal, the historic preservation commission shall set a date for a special public hearing, giving advance notice to all interested parties as required by law. Pending the appeals process, the original ruling of the commission shall stand. At the special public hearing, the commission, using the same criteria employed when the application in question was first submitted, shall consider testimony, including that of the historic preservation inspector, directed solely to the point of whether or not the intended structure, alteration, repair, renovation, remodeling, etc., would or does violate any portion of this chapter. The historic preservation commission shall either affirm its original decision, or disaffirm it by a majority vote, and shall render a written opinion in either case. In the event the historic preservation commission shall decide that a building permit may be issued, in conformance with this chapter, it will so recommend to the historic preservation inspector, and to the city building inspector.

   B.   Appeals from the decision of such a special public hearing of the historic preservation commission shall be made in writing by the party seeking the permit, to the board of adjustment and appeals, stating the reason for the appeal, giving advance notice to all interested parties as required by law. Pending this appeals process, the ruling of the applicable special public hearing of the historic preservation inspector and the historic preservation commission, directed solely to the point of whether or not the intended structure, alteration, repair, renovation, remodeling, etc., would or does violate this chapter. The board of adjustment and appeals will either affirm the decision of the special public hearing of the historic preservation commission, or disaffirm the decision of the special public hearing of the historic preservation commission, or disaffirm it by a majority vote, and shall render a written opinion in either case. In the event the board of adjustment and appeals shall decide that the permit should be issued, it will enter the appropriate order directing the historic preservation inspector and city building inspector to so act.

   C.   Appeals from the decision of such a hearing of the board of adjustment and appeals shall be made in writing by the party seeking the permit, to the mayor and common council of the city stating the reason for the appeal. The mayor and common council shall set a date for a hearing, giving notice to all interested parties at least one week in advance of said hearing. Pending this appeals process, the ruling of the applicable hearing of the board of adjustment and appeals shall stand. At the hearing, the mayor and common council, using the same criteria employed when the application was first submitted, shall consider testimony, including that of the historic preservation inspector and the historic preservation commission, directed solely to the point of whether or not the intended structure, alteration, repair, renovation, remodeling, etc., would or does violate this chapter. The mayor and common council will either affirm the decision of the board of adjustment and appeals, or disaffirm it by a majority vote, and shall render a written opinion in either case. In the event the mayor and common council shall decide that the permit should be issued, they will enter the appropriate order directing the historic preservation inspector and city building inspector to so act. (Ord. 2015-01, 7-14-2015)

The provisions of this chapter are declared to be severable and if any section, sentence, clause or phrase of this chapter shall for any reason be held to be invalid, illegal or unconstitutional, such decision or determination shall not affect the validity or legality of the remaining sections, sentences, clauses, portions or phrases of this chapter, but they shall remain in full force and effect, it being the legislative intent of the mayor and council that this chapter shall stand notwithstanding the invalidity of any part thereof. (Ord. 2015-01, 7-14-2015)