3-a_Exhibit 2 - Historic Preservation Ordinance (Draft)

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ORDINANCE NO. _______________ 
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MESA, MARICOPA 
COUNTY, ARIZONA, AMENDING ZONING ORDINANCE, MESA CITY CODE 
TITLE 11, CHAPTERS 23, 44, 66, 74, AND 87 PERTAINING TO HISTORIC 
PRESERVATION 
OVERLAYS, 
HISTORIC 
SIGNS, 
THE 
HISTORIC 
PRESERVATION 
BOARD, 
AND 
HISTORIC 
DISTRICT 
AND 
HISTORIC 
LANDMARK PROCEDURES. THE AMENDMENTS INCLUDE, BUT ARE NOT 
LIMITED TO: REPEALING IN ITS ENTIRETY CHAPTER 23: HISTORIC AND 
LANDMARK OVERLAY DISTRICTS AND REPLACING IT WITH A NEW 
“CHAPTER 23: HISTORIC PRESERVATION OVERLAY”; REPEALING IN ITS 
ENTIRETY CHAPTER 44: HISTORIC SIGNS AND REPLACING IT WITH A NEW 
“CHAPTER 44: HISTORIC SIGNS”; REPEALING IN ITS ENTIRETY CHAPTER 74: 
HISTORIC DISTRICT AND HISTORIC LANDMARK PROCEDURES AND 
REPLACING IT WITH A NEW “CHAPTER 74: HISTORIC PRESERVATION 
PROCEDURES”; MODIFYING SECTION 11-66-4 PERTAINING TO THE HISTORIC 
PRESERVATION BOARD; MODIFYING CHAPTER 87 BY ADDING DEFINITIONS 
FOR CERTIFICATE OF APPROPRIATENESS, HISTORIC DISTRICT, HISTORIC 
LANDMARK, HISTORIC PRESERVATION OVERLAY, HISTORIC RESOURCE, 
HISTORICALLY DESIGNATED SIGN, AND STATE OF DISREPAIR; PROVIDING 
PENALTIES FOR THE VIOLATIONS THEREOF; AND PRESERVING RIGHTS AND 
DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS WHICH HAVE 
ALREADY BEGUN THEREUNDER. 
WHEREAS, it has become apparent it is in the best interest of the City to update Title 11 Chapters 
23, 44, 66, 74, and 87 pertaining to the Historic Preservation Board, historic preservation overlay districts, 
historic signs, and historic preservation procedures and requirements.  
WHEREAS, in accordance with A.R.S. 9-462.01 the City Council has considered a housing impact 
statement of the probable impact this Ordinance may have on the average cost of constructing housing in 
the zoning districts impacted by this Ordinance. 
WHEREAS, on _____, 2026 the Historic Preservation Board recommended that the City Council 
___ the proposed amendments. 
WHEREAS, on _____, 2026 the Planning and Zoning Board recommended that the City Council 
___ the proposed amendments. 
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MESA: 
Section 1: 
REPEAL; ADOPTION BY REFERENCE. 
 
A. 
Repeal.  Mesa City Code Title 11, Article 7, Chapter 74 titled “Historic District and Historic 
Landmark Procedures” is hereby repealed in its entirety.    
 
B. 
Adoption by Reference. That certain document titled “Chapter 74: Historic Preservation 
Procedures” that was made a public record on __________, by Resolution No. __________, of the 
City of Mesa, Maricopa County, Arizona, three copies of which are on file and available for public

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use and inspection with the City Clerk, is hereby adopted by reference and made a part hereof as if 
fully set forth in this Ordinance, and its provisions are hereby declared inserted into Mesa City 
Code Title 11,  Article 7, Chapter 74 and titled “Historic Preservation Procedures” to replace and 
supersede the prior Mesa City Code Title 11, Article 7, Chapter 74 titled “Historic District and 
Historic Landmark Procedures.” 
 
Section 2: 
Mesa City Code Title 11, Article 3, Chapter 23, titled “Historic and Landmark Overlay 
Districts” is hereby repealed in its entirety and replaced with a new Mesa City Code Title 11, Article 3, 
Chapter 23, titled “Historic Preservation Overlay” as follows:   
CHAPTER 23 – HISTORIC PRESERVATION OVERLAY   
11-23-1: - HISTORIC PRESERVATION OVERLAY   
Applications for a Historic Preservation Overlay are subject to the historic preservation procedures 
established in Chapter 74 of the Zoning Ordinance.   
Section 3:  
Mesa City Code Title 11, Article 5, Chapter 44, titled “Historic Signs” is hereby repealed 
in its entirety and replaced with a new Mesa City Code Title 11, Article 5, Chapter 44, titled “Historic 
Signs” as follows:   
CHAPTER 44 – HISTORIC SIGNS 
11-44-1: - HISTORIC SIGNS  
Historic Signs are subject to Section 11-74-5 of the Zoning Ordinance.   
 
Text written in BOLD ALL CAPS indicates additional or new 
language. 
Text written in strikethrough indicates deletions. 
 
Section 4:  
Mesa City Code Title 11, Chapter 66, Section 4, titled “Historic Preservation Board” is 
hereby amended as follows: 
11-66-4: - HISTORIC PRESERVATION BOARD 
A. 
Establishment and Organization of the Historic Preservation Board.  Historic Preservation 
Board is established and organized as established in Title 2 - Boards and Commissions, in the Mesa 
City Code. The duties of the Historic Preservation Board shall be in conformance with those 
established in Title 2 - Boards and Commissions, in the Mesa City Code. 
1. 
THE 
HISTORIC 
PRESERVATION 
BOARD 
IS 
ESTABLISHED 
AND 
ORGANIZED AS DESCRIBED IN MESA CITY CODE TITLE 2, CHAPTER 22. 
2. 
THE DUTIES OF THE HISTORIC PRESERVATION BOARD SHALL 
CONFORM WITH THOSE ESTABLISHED IN MESA CITY CODE TITLE 2, 
CHAPTER 22.

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B. 
Meetings. 
1. 
Meetings of the HISTORIC PRESERVATION Board are open to the public and the 
minutes of its proceedings are kept and filed in the office of the Historic Preservation 
Officer OFFICE as a public record. The Secretary of the Board is the Historic Preservation 
Officer or his/her designee. 
2.  
At least 4 members of the Board shall be present to conduct a meeting. No matter shall 
be considered unless there are at least 4 members present who are eligible and qualified 
to vote on the matter and an affirmative vote of a majority of the quorum present and 
voting shall be required to pass a motion. THE SECRETARY OF THE HISTORIC 
PRESERVATION BOARD IS THE HISTORIC PRESERVATION OFFICER OR 
THEIR DESIGNEE. 
3. 
The Board shall meet at least 4 times per calendar year. AT LEAST FOUR (4) 
MEMBERS OF THE HISTORIC PRESERVATION BOARD SHALL BE 
PRESENT TO CONDUCT A MEETING. 
4. 
The Chair, or in the Chair's absence the Vice Chair, shall lead the meeting, maintain order, 
and be the final decision maker for all meeting management questions.NO MATTER 
SHALL BE CONSIDERED UNLESS THERE ARE AT LEAST FOUR (4) 
MEMBERS PRESENT WHO ARE ELIGIBLE AND QUALIFIED TO VOTE ON 
THE MATTER AND AN AFFIRMATIVE VOTE OF A MAJORITY OF THE 
QUORUM PRESENT AND VOTING IS REQUIRED TO PASS A MOTION.  
5. 
THE HISTORIC PRESERVATION BOARD SHALL MEET AT LEAST FOUR (4) 
TIMES PER CALENDAR YEAR. 
6. 
THE CHAIR, OR IN THE CHAIR'S ABSENCE THE VICE CHAIR, SHALL LEAD 
THE MEETING, MAINTAIN ORDER, AND BE THE FINAL DECISION MAKER 
FOR ALL MEETING MANAGEMENT QUESTIONS. 
C. 
Authority and Duties of the Historic Preservation Board. The Historic Preservation Board shall 
have HAS the powers and duties described in MESA CITY CODE Title 2, – Boards and 
Commissions, in the Mesa City Code CHAPTER 22. 
1. 
Hear and/or make recommendations on other matters as directed by the City Council. 
2. 
The Board may adopt rules for the conduct of its business. 
Section 5:   Mesa City Code Title 11, Chapter 87 titled “Definitions”, is hereby amended to add a new 
category of definitions titled “Historic Preservation Related Definitions,” categories are listed 
alphabetically within Chapter 87, and to add the following new definitions to be listed alphabetically  under 
“Historic Preservation Related Definitions”. All other definitions in Chapter 87 remain the same. 
. . . 
 
HISTORIC PRESERVATION RELATED DEFINITIONS: 
CERTIFICATE OF APPROPRIATENESS: AN OFFICIAL DOCUMENT ISSUED BY THE 
CITY OF MESA CONFIRMING THAT PROPOSED WORK ON A HISTORIC RESOURCE 
IS COMPATIBLE WITH THE HISTORIC CHARACTER OF THE HISTORIC 
PRESERVATION 
OVERLAY 
OR 
HISTORICALLY 
DESIGNATED 
SIGN. 
THE 
CERTIFICATE AUTHORIZES THE SPECIFIED WORK TO PROCEED AND PERMITS

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THE ISSUANCE OF ANY REQUIRED CONSTRUCTION PERMIT(S) RELATED TO THE 
APPROVED SCOPE OF WORK. 
HISTORIC DISTRICT: A COLLECTION OF HISTORIC RESOURCES WHICH POSSESS A 
SIGNIFICANT CONCENTRATION, LINKAGE, CONTINUITY OR ARE UNITED 
HISTORICALLY OR AESTHETICALLY BY A PLAN OR PHYSICAL DEVELOPMENT 
AND IS DESIGNATED WITH A HISTORIC PRESERVATION OVERLAY.  
HISTORIC LANDMARK: ANY HISTORIC RESOURCE THAT IS AN EXCEPTIONAL 
EXAMPLE 
OF 
THE 
HISTORICAL, 
ARCHAEOLOGICAL, 
CULTURAL, 
ARCHITECTURAL, COMMUNITY, AESTHETIC, OR ARTISTIC HERITAGE OF THE 
CITY AND IS DESIGNATED WITH A HISTORIC PRESERVATION OVERLAY.  
HISTORIC PRESERVATION OVERLAY: A ZONING DESIGNATION THAT IS USED IN 
CONJUNCTION WITH AN UNDERLYING BASE ZONING DISTRICT AND INCLUDES 
REGULATIONS FOR A HISTORIC LANDMARK OR HISTORIC DISTRICT TO 
PRESERVE THE HISTORICAL SIGNIFICANCE OF HISTORIC RESOURCES.  
HISTORIC 
RESOURCE: 
COLLECTIVELY, 
THE 
BUILDING(S), 
STRUCTURE(S), 
OBJECT(S), SITE(S), ARCHAEOLOGICAL RESOURCE(S), AND DISTRICT(S), THAT 
TOGETHER, RETAIN HISTORICAL, ARCHITECTURAL, ARCHAEOLOGICAL, OR 
CULTURAL SIGNIFICANCE WITHIN THE CORPORATE LIMITS OF THE CITY. 
HISTORICALLY DESIGNATED SIGN: A SIGN THAT MEETS THE CRITERIA FOR 
ESTABLISHMENT OUTLINED IN SECTION 11-74-5(D) OF THE ZONING ORDINANCE 
AND HAS BEEN APPROVED BY THE HISTORIC PRESERVATION BOARD. 
STATE OF DISREPAIR: THE DETERIORATION OF ANY SIGNIFICANT EXTERIOR 
FEATURE ON A HISTORIC RESOURCE IN A HISTORIC PRESERVATION OVERLAY 
WHICH WOULD HAVE A DETRIMENTAL EFFECT ON THE DISTINCTIVE 
CHARACTER OF THE HISTORIC RESOURCE ITSELF OR, THAT OF THE DISTRICT. 
. . . 
 
Section 6: 
RECITALS. The recitals above are fully incorporated in this Ordinance by reference, and 
each recital represents a finding of fact and determination made by the City Council. 
Section 7: 
AMENDED LANGUAGE. In the sections of this Ordinance that modify the current 
language of the Mesa City Code (i.e., Section 4, and Section 5), new language is shown in BOLD ALL 
CAPS and deleted language is shown in strikethrough. 
Section 8: 
PRESERVATION OF RIGHTS AND DUTIES. This Ordinance does not affect the rights 
and duties that matured, penalties that were incurred, or proceedings that were begun before the effective 
date of this Ordinance. 
Section 9: 
EFFECTIVE DATE. The effective date of this Ordinance is thirty (30) days after the 
adoption of this Ordinance. 
Section 10:  
SEVERABILITY. If any term, provision, section, subsection, sentence, clause, phrase or 
portion of this Ordinance, or any part of the material adopted herein by reference is for any reason held to 
be invalid, unenforceable, or unconstitutional by the decision of a court of competent jurisdiction, the 
remaining provisions of this Ordinance shall remain in effect. 
 
Section 11: 
PENALTY.

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CIVIL PENALTIES: 
A. Any owner, occupant or responsible party who is found responsible for a civil violation of this 
Ordinance, whether by admission, default, or after a hearing, shall pay a civil sanction of not less than 
$150 or more than $1,500, per citation. A second finding of responsibility within 24 months of the 
commission of a prior violation of this Chapter shall result in a civil sanction of not less than $250 or 
more than $2,500. A third finding of responsibility within 36 months of the commission of a prior 
violation of this Chapter shall result in a civil sanction of not less than $500 or more than $2,500. In 
addition to the civil sanction, the responsible party shall pay the applicable fees and charges set forth in 
the City’s Development and Sustainability Department (Code Compliance) Schedule of Fees and 
Charges and may be ordered to pay any other applicable fees and charges.  
B. The 36-month provision of subsection (A) of this Section shall be calculated by the dates the violations 
were committed. The owner, occupant, or responsible party shall receive the enhanced sanction upon a 
finding of responsibility for any violation of this Chapter that was committed within 36 months of the 
commission of another violation for which the owner or responsible party was convicted or was 
otherwise found responsible, irrespective of the order in which the violations occurred or whether the 
prior violation was civil or criminal. 
C. Each day in which a violation of this Ordinance continues, or the failure to perform any act or duty 
required by this Ordinance or by the Civil Hearing Officer continues, shall constitute a separate civil 
offense. 
 
HABITUAL OFFENDER: 
 
A. A person who commits a violation of this Ordinance after previously having been found responsible for 
committing 3 or more civil violations of this Ordinance within a 24-month period — whether by 
admission, by payment of the fine, by default, or by judgment after hearing — shall be guilty of a class 
1 criminal misdemeanor. The Mesa City Prosecutor is authorized to file a criminal class 1 complaint in 
the Mesa City Court against habitual offenders. For purposes of calculating the 24-month period under 
this paragraph, the dates of the commission of the offenses are the determining factor.  
B. Upon conviction of a violation of this Subsection, the Court may impose a sentence or incarceration not 
to exceed 6 months in jail; or a fine not to exceed $2,500, exclusive of penalty assessments prescribed 
by law; or both. The Court shall order a person who has been convicted of a violation of this Section to 
pay a fine of not less than $500 for each count upon which a conviction has been obtained. A judge shall 
not grant probation to or suspend any part or all of the imposition or execution of a sentence required by 
Subsection except on the condition that the person pay the mandatory minimum fines as provided in this 
Subsection.  
C. Every action or proceeding under this Section shall be commenced and prosecuted in accordance with 
the laws of the State of Arizona relating to criminal misdemeanors and the Arizona Rules of Criminal 
Procedure.  
Section 12:  
RESOLUTION AND EXHIBIT ON FILE. Resolution No. _____ adopted on _______ and 
the attached exhibit titled  “Chapter 74: Historic Preservation Procedures” are on file and available for 
public use and inspection at the Office of the City Clerk, 20. E. Main Street, Suite 150, Mesa, Arizona. 
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MESA, MARICOPA COUNTY, 
ARIZONA, this _____ day of _____ 2026.

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    Mark Freeman, Mayor 
 
 
 
ATTEST: 
 
 
Holly Moseley, City Clerk