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ORDINANCE NO. 5051
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHANDLER,
ARIZONA,
DECLARING
THAT
DOCUMENT
ENTITLED
“2023
AMENDMENTS TO CHAPTER 35—HISTORIC PRESERVATION” TO BE A
PUBLIC RECORD; AMENDING THE CODE OF THE CITY OF CHANDLER,
CHAPTER 35 ARTICLE XXXIV- HISTORIC PRESERVATION; INCLUDING
AMENDMENTS RELATED TO TERMS OF HISTORIC PRESERVATION
COMMISSION
MEMBERS,
HISTORIC
PRESERVATION
OFFICER,
HISTORIC
CONSERVATION
DISTRICTS
AND
HERITAGE
SITES,
HISTORIC PRESERVATION DISTRICTS AND LANDMARKS, HISTORIC
PRESERVATION
DISTRICT
DESIGN
GUIDELINES,
AND
OTHER
RELATED CHANGES TO CONFORM THE CODE TO CURRENT CITY
PRACTICES; PROVIDING FOR THE REPEAL OF CONFLICTING
ORDINANCES; AND PROVIDING FOR SEVERABILITY.
WHEREAS, in accordance with Ariz. Rev. Stat. § 9-240, the legislative body may adopt by
ordinance, any change or amendment to the regulations and provisions set forth in the Chandler
City Code; and
WHEREAS, Ariz. Rev. Stat. § 9-462.01 authorizes a legislative body to establish districts of
historical significance requiring that special permission be obtained for any development within
the district; and
WHEREAS, this amendment, including the draft text, has been published in a local newspaper
with general circulation in the City of Chandler, giving fifteen (15) days’ notice of time, date, and
place of public hearing; and
WHEREAS, the City Council has determined that property owners within the City of Chandler
should be afforded the opportunity to preserve and protect properties, districts, and sites that
represent aspects of Chandler’s historic, architectural, and cultural heritage; and
WHEREAS, a public hearing was held by the Historic Preservation Commission on April 12, 2023
and the Planning and Zoning Commission on April 19, 2023.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Chandler, Arizona,
as follows:
Section 1.
That certain document known as the “2023 Amendments to Chapter 35—Historic
Preservation,” one paper copy and one electronic copy of which shall remain on
file in the office of the City Clerk, is hereby declared to be a public record.
Section 2.
That the Chandler City Code is hereby amended by adoption of the amendments
set forth in “2023 Amendments to Chapter 35—Historic Preservation,” said
document having been declared to be a public record.
Section 3.
Providing for Repeal of Conflicting Ordinances.
Ordinance No. 5051
Page 2
All ordinances or parts of ordinances in conflict with the provisions of this
ordinance, or any parts hereof, are hereby repealed.
Section 4.
Providing for Severability.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is
for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions thereof.
INTRODUCED AND TENTATIVELY APPROVED by the City Council of the City of Chandler,
Arizona, this _____ day of ____________________, 2023.
ATTEST:
_______________________________________
____________________________________
CITY CLERK
MAYOR
PASSED AND ADOPTED by the City Council of the City of Chandler, Arizona this _____ day
of _____________________, 2023.
ATTEST:
_______________________________________
____________________________________
CITY CLERK
MAYOR
CERTIFICATION
I, HEREBY CERTIFY, that the above and foregoing Ordinance No. 5051 was duly passed and
adopted by the City Council of the City of Chandler, Arizona, at a regular meeting held on the
_____ day of _____________________, 2023, and that a quorum was present thereat.
____________________________________
CITY CLERK
APPROVED AS TO FORM:
____________________________
CITY ATTORNEY
Published in the Arizona Republic on:
1
2023 Amendments to Chapter 35—Historic Preservation
{Public Record for Ordinance No. 5051}
The Chandler City Code, Chapter 35 – Historic Preservation is hereby amended as follows
(additions in ALL CAPS, deletions in strikethrough, omitted text indicated by ellipses as “…”):
Chapter 35. Article XXXIV – HISTORIC PRESERVATION
…
35-3403. Definitions.
…
GENERAL DESIGN GUIDELINES: THE GENERAL DESIGN GUIDELINES FOR
DESIGNATED HISTORIC PRESERVATION DISTRICTS AND LANDMARKS IN THE CITY OF
CHANDLER AS ADOPTED BY THE CITY COUNCIL.
…
Replacement/Reuse Plan: A plan for redevelopment within a Historic Preservation District that
complies with existing zoning, the General Plan, Historic Preservation GENERAL Design
Guidelines, and meet the City’s requirements for development and redevelopment.
…
35-3404. Historic Preservation Commission.
…
1)
…
The terms of the members shall be for three years and shall be staggered to that the terms of
at least one, but not more than two FIVE shall conclude in any given year.
…
The Chandler Museum Administrator MANAGER shall serve as an ex officio member of the
Commission.
…
4)
…
j. Recommend GENERAL Design Guidelines…GENERAL Design Guidelines may
modify…
…
35-3405. Historic Preservation Officer
…
I.
Act as a liaison with the State Historic Preservation Office.
THE CITY MANAGER MAY APPOINT ADDITIONAL STAFF MEMBERS AS ASSISTANT
HISTORIC PRESERVATION OFFICERS TO ASSIST THE HISTORIC PRESERVATION
OFFICER IN PERFORMANCE OF HISTORIC PRESERVATION DUTIES AND ACTIVITIES.
…
2
35-3407. Procedure for designating a Historic Conservation District or Heritage Site.
…
b. For a Heritage Site identify the past event, structure, or district that no longer
physically exists that was significant to the history of Chandler.
FOR APPLICATIONS THAT INCLUDE MULTIPLE PROPERTIES, THE HISTORIC
PRESERVATION OFFICER MAY REQUIRE ADDITIONAL DOCUMENTATION THAT
INDICATES CONSENT OF PROPERTY OWNERS TO BE INCLUDED WITHIN A
HERITAGE SITE OR HISTORIC CONSERVATION DISTRICT.
…
35-3408. Procedure for establishing Historic Preservation District Overlay Zoning and Landmark
Designation.
…
c.
A declaration and waiver in a form prescribed by the Historic Preservation Officer
signed by the record owners of at least 60 90 percent OR MORE of the contributing
properties in the proposed district. WHEN THE CALCULATION OF 60
PERCENT OF CONTRIBUTING PROPERTIES RESULTS IN A FRACTIONAL
NUMBER, STANDARD MATHEMATICAL RULES OF ROUNDING TO THE
NEAREST WHOLE NUMBER SHALL APPLY TO CALUCLATE THE
REQUIRED NUMBER OF CONTRIBUTING PROPERTIES TO FORM A
DISTRICT.
…
35-3410. Effect of Historic Preservation District Overlay Zoning and Landmark Designation.
Properties subject to a Historic Preservation District Zoning Overlay and Landmark Designation
may not be altered or demolished except in compliance with the provisions of this Article.
1) The owners of contributing properties within a Historic Preservation District shall maintain
the historic integrity of their properties. Any alteration to the exterior of these properties or
new construction on vacant land shall meet CONFORM TO the GENERAL Design
Guidelines adopted by the City Council. AND ANY ADDITIONAL GUIDELINES
INCLUDED WITHIN THE SPECIFIC HISTORIC PRESERVATION OR LANDMARK
DISTRICT ORDINANCE.
…
5) All new buildings on vacant land, permanent signs or other structures in a Historic
Preservation District must follow the GENERAL DESIGN GUIDELINES design guidelines
adopted by the City Council.
…
3
7) PROPERTIES WITHIN HISTORIC PRESERVATION OR LANDMARK DISTRICTS
SHALL CONFORM TO THE PROVISIONS OF ARTICLE XXII EXCEPT:
a. ADDITIONS
AND
ACCESSORY
STRUCTURES
NEED
NOT
BE
COMMENSURATE IN MATERIAL OR ARCHITECTURAL STYLE TO THE
PRINCIPAL
STRUCTURE
BUT
MUST
BE
COMMENSURATE
IN
ARCHITECTURAL QUALITY AND BE CONSISTENT IN SCALE.
b. WALLS AND FENCES MAY BE PRIMARILY CONSTRUCTED OF WOOD IN
HISTORIC PRESERVATION AND LANDMARK DISTRICTS WHERE
OTHER SUCH WALLS AND FENCES ARE EXTANT AND MUST ALSO
FOLLOW THE GENERAL DESIGN GUIDELINES.
…
35-3411. Certificate of no effect or certificate of appropriateness.
…
2)
The proposed work is minor and clearly within the adopted GENERAL Design Guidelines.
…
4)
b. The proposed work conforms to the GENERAL Design Guidelines and …
…