Demolition or alteration of structures on properties listed on the Chandler Historic Property Register or properties that are the subject of a pending application for designation.
Chandler City Code § 35-3409
in effect35-3409. - Demolition or alteration of structures on properties listed on the Chandler Historic Property Register or properties that are the subject of a pending application for designation.
1) Identification. The Historic Preservation Officer shall direct that the parcel numbers and addresses of properties listed on the Chandler Historic Property Register, and properties that are the subject of a pending application for a Historic Conservation District, heritage site, Historic Preservation District overlay zoning, or landmark designation be noted as such in the City's permit database.
2) Mandatory review and consultation. The Building Official shall refer all applications for demolition or construction permits associated with a property listed on the Chandler Historic Property Register or a property that is the subject of a pending application for a Historic Conservation District or heritage site to the Historic Preservation Officer for review and consultation. Within ten business days after receiving the referral, the Historic Preservation Officer shall determine, using the designation criteria set forth at Section 35-3406, whether the structure has historic or architectural significance or is essential to the historic features of the area such that further consultation prior to approval of demolition or construction is warranted.
a. If the Historic Preservation Officer determines that no further consultation is warranted, he shall direct the Building Official to proceed with the processing of the permit.
b. If the Historic Preservation Officer determines that further consultation is warranted, then prior to any further processing of the permit he shall act promptly to consult with the applicant regarding alternatives to the proposed demolition or other scope of work that may minimize the effect on the historic features of the building or preserve some aspect of it. The Historic Preservation Officer shall conclude consultation and direct such further processing of the permit as is appropriate 90 days after initiating consultation with the applicant.
3) Stay of demolition or alteration of properties under consideration for Historic Preservation District overlay zoning or landmark designation. No permit for demolition or alteration of structures on properties under consideration for Historic Preservation District overlay zoning or landmark designation shall issue while an application for designation is pending except as follows.
a. Review. The Building Official shall refer all applications for demolition or construction permits associated with the property to the Historic Preservation Officer for review and determination using the criteria for designation set forth in Section 35-3406.
b. Determination; conditions for approval. The Historic Preservation Officer shall issue a written determination on the demolition or construction permit within 20 business days after the date the Building Official receives the application.
1. The Historic Preservation Officer shall issue demolition permit approval if the building does not have historic or architectural significance, is not essential to the historic features of the area, and is a non-contributing structure; or the building has historic or architectural significance but denial of the permit will result in an economic hardship to the property owner under Code Section 35-3413.
2. The Historic Preservation Officer shall issue construction permit approval if the building does not have historic or architectural significance, the work will have only minimal effect on the historic features of the building, the building has historic or architectural significance but the scope of work is limited to stabilizing or repairing the building, or the work is limited to the interior and will not impact the building's external appearance.
3. For any demolition or construction permit application that does not meet the conditions for approval set forth above, the Historic Preservation Officer shall direct further processing of the permit under subsection (c) below.
c. A demolition or construction permit application that does not meet any of the conditions for approval set forth in subsection (b) shall be held for a period of one year for a structure on a property under consideration for Historic Preservation District overlay zoning or for a period of three years for a structure under consideration for landmark designation. If Historic Preservation District overlay zoning is placed on the property within one year or the structure receives landmark designation within three years, the permit shall be processed for a certificate of no effect, certificate of appropriateness, or demolition approval, as applicable. If Historic Preservation District overlay zoning is not placed on the property within one year or the structure has not received landmark designation within three years, the hold shall be removed and the permit shall be processed in the normal course.
d. Request for hearing. The applicant may request a public hearing within five business days of the Historic Preservation Officer's written determination. The Historic Preservation Officer shall schedule a public hearing within 30 calendar days of receipt of the request at which the Historic Preservation Officer shall review the permit application under the standards set forth in Code Section 35-3406 and any evidence presented at the hearing. Notice of the hearing shall be posted on the property at least ten business days before the date of the hearing. The Historic Preservation Officer shall issue a written decision confirming, reversing, or modifying the written determination within ten calendar days after the hearing. The Historic Preservation Officer may appoint an independent hearing officer to conduct the hearing and render the decision.
e. Appeal. The applicant or any aggrieved person of interest may, within five business days after issuance of the Historic Preservation Officer's written decision confirming, reversing, or modifying the written determination, appeal to the Historic Preservation Commission. The appeal stays all proceedings and action in the matter appealed. The Commission shall fix a reasonable time for the hearing of the appeal, provided that if the hearing is not held within 60 calendar days of the date the appeal was filed with the Commission, the application shall be deemed approved and permits issued within ten days thereafter. Notice of the hearing shall be posted on the property at least ten business days before the date of the hearing.
f. Final action. The Commission shall issue its written decision on the appeal within ten calendar days after the hearing and such decision shall become final within five business days thereafter unless appealed by the applicant or any aggrieved party of interest to the Superior Court of the State of Arizona. Upon filing of an appeal, action on the permit shall be stayed pending issuance of a decision by the Superior Court.
(Ord. No. 4936, § 2(Exh.), 11-2-20)
Source: City of Chandler, Arizona, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/az/chandler/codes/code_of_ordinances?nodeId=PTVIPL_CH35LAUSZO_ARTXXXIVHIPR_35-3409DEALSTPRLICHHIPRREPRARSUPEAPDEFetched: 11/1/2026
