[HISTORY: Adopted by the City Council of the City of Las
Vegas 7-13-1995 by Ord. No. 84-1; amended in its entirety 3-16-2005 by Ord. No.
05-01 (Ch. 20 of the 1972 City Code). Subsequent
amendments noted where applicable.]
This chapter is called and shall be cited as the "Las Vegas
Cultural Historic Districts Ordinance" for the City of Las Vegas,
New Mexico.
The purpose of this chapter is to promote as a matter of public
policy the preservation, protection and enhancement of the Las Vegas
Cultural Historic Districts and landmarks hereby created, or any such
districts, properties or sites which may be designated hereafter,
is of public necessity, and is required in the interest of prosperity,
civic pride and general welfare of the people of Las Vegas and nearby
communities by:
A.
Providing a mechanism to designate, preserve, protect, enhance and
perpetuate those structures, properties, sites and landmarks which
reflect outstanding elements of the national, state, regional and/or
local cultural/natural heritage;
B.
Fostering civic pride and respect in the community's future;
C.
Maintaining and improving property values;
D.
Protecting and enhancing the community's attraction to tourists and
visitors;
E.
Promoting such structures, properties, sites and landmarks for the
education and general welfare of the community;
F.
Promoting harmonious, orderly, and effective growth and development
while maintaining cultural/natural integrity;
G.
Promoting and encouraging continued private ownership and utilization
to the extent the above objectives can be attained under such policy;
H.
Fostering and encouraging preservation, restoration, and rehabilitation
of structures, areas and neighborhoods and thereby preventing future
urban blight.
Unless specifically defined below, words or phrases in this
chapter shall be interpreted so as to give them the same meaning as
they have in common usage and so as to give this chapter its most
reasonable application.
Any act or process that changes one or more of the exterior
architectural features of a building or structure, including, but
not limited to, the erection, construction, reconstruction or removal
of any building or structure or part thereof. An alteration shall
also include changes to an existing exterior sign; the construction
and installation of a new exterior sign; or the erection of new wireless
telecommunications facilities, as defined by 1996 Telecommunications
Act. The City's professional staff may approve alterations that are
considered to be routine by the Design Review Board and appear on
a list prepared by the Design Review Board.
Any act or work in keeping with the historic character of
a property and which changes respect and is in keeping with its original
appearance and any later alterations that have since acquired significance.
New construction is built in an appropriate way when its design blends
with and compliments the adjacent historic buildings and structures.
The design guidelines of the Design Review Board provide information
on how to build or do work in an appropriate way.
A specific geographic area associated with landmarks and
Cultural Historic Overlay Districts of the City of Las Vegas.
The Design Review Board (refer to § 200-4), hereinafter referred as the "Board."
A seven-member board appointed by the Mayor and City Council to hear and decide appeals, where it is alleged there is error in any order, requirement, decision or determination made by the administrative officials in the enforcement of this chapter, and may reverse, affirm, or modify any administrative action related thereto. (Refer to §§ 450-57 and 450-59.)
A certificate issued by the Board indicating that plans,
as approved, are appropriate for alteration, erection, construction,
removal, or demolition of a landmark or of a building structure within
a CH District as defined within this chapter.
A certificate issued by the Board based on economic hardship
authorizing an alteration, construction, removal, or demolition of
a landmark or of a building or structure within a CH District as defined
in this chapter.
The City Council of the City of Las Vegas.
The Community Development Director or his/her designee and
the Community Development staff.
The person or his/her designee responsible for administration of Chapter 450, Zoning, of the Code of the City of Las Vegas, this chapter and historic preservation.
The act of erecting, reconstructing, removing, or altering
in any manner any building or structure or part thereof or the erection
of a new or accessory structure on a lot or parcel of property.
An area designated as a Cultural Historic District (CH) by
ordinance of the City Council and which may contain within definable
geographic boundaries one or more landmarks and 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
landmark or landmarks located within the historic district.
Any act or process that destroys, in part or in whole, a
landmark or a structure within an historic district.
Failure to maintain, repair or secure an historic building,
structure or landmark or the loss of structural integrity of an historic
building, structure, or landmark by failure to maintain, repair, or
secure same.
A written standard of appropriate activity whose intent is
to preserve the historic and architectural character of a structure
or area within an historic district.
The architectural character and general composition of the
exterior of a structure, including, but not limited to, the type and
texture of building materials and the type, design, size, scale, and
character of all roofs, walls, windows, doors, light fixtures, signs,
and appurtenant elements.
A structure or site that is worthy of rehabilitation, restoration,
and preservation because of its historic and/or architectural significance
to the City of Las Vegas pursuant to procedures prescribed herein.
The modification or ornamentation of a land form, including,
but not limited to, altering the plant cover and/or the physical elements
thereof.
Any act or work that keeps a building or structure in good
condition and unimpaired. Ordinary maintenance and repairs that are
undertaken from time to time and that do not change the exterior appearance
of the building or structure except through the elimination of the
usual and expected effects of deterioration. Ordinary maintenance
and repairs are defined by a list prepared by the Design Review Board
and may be undertaken without a certificate of approval or staff approval.
Such maintenance and repair is subject to the acquisition of a building
permit.
The person, corporation, or other legal entity listed as
owner on the records of the San Miguel County Clerk's office.
An applied coating of paint or stain to the exterior of a
structure.
Land, buildings, and structures in City-designated historic
districts or land buildings and structures individually designated
by the City as historic, including an archeological site.
Any existing structure, property, building, site or incidental
appurtenance which is not properly maintained:
Causing the appearance and condition of the building or structure
to fail to present a safe and maintained street scape to a passerby;
Causing a significant portion of the exterior facade to exhibit
peeling paints, damaged stucco, or other deteriorated exterior visible
surfaces;
Including windows and/or doors that are boarded up in ill-fitting
manner rather than cut to fit the window or door opening;
Causing roof leaks threatening interior electrical components,
or creating damp interior conditions which promotes mold, mildew and/or
threatens the safety of adjacent structures, the host structure, or
the safety and health of the public;
Creating a condition within a building, property, site, structure,
accessory structure or incidental appurtenance that because of its
state of disrepair creates a condition that would be substantially
offensive and annoying to the surrounding community and that can cause
injury, damage, harm, fire or inconvenience to the community in the
use or enjoyment of surrounding property taking into consideration
the nature and use of the properties in the area and the character
of the community in which they are situated;
Causing any building foundation to be structurally dangerous
and to compromise the stability of the building; or
Inviting vandalism, graffiti, damage to the building, unlawful
entry by persons which affects the overall maintenance of the structure,
property, building and site allowing rodents or other vermin to infest
area, or which in any manner affects the public's safety, the adjoining
property, its owners or the immediate property owner, in any existing
structure, property buildings, site or incidental appurtenance.
Any change of location or position of a structure.
Any change that is not construction, removal or alteration.
Is mandatory.
Anything constructed or erected which requires permanent
or temporary location on or in the ground, including, but not limited
to, buildings of all types, fences, gazebos, advertising signs, billboards,
backstops for baseball courts, radio and television antennae, wireless
telecommunications towers, including supporting towers and swimming
pools. A structure shall include a trailer placed on a lot, other
than one that is temporarily there and being used to help in a construction
project. A structure shall include such things as manufactured houses,
mobile homes, acequias, agricultural terracing, archeological features
(above or below ground) or similar features.
A.
Creation. There shall be and hereby is established a Design Review
Board (hereinafter Board) to administer the provisions of this chapter.
B.
Members. The Board shall consist of seven members and advisory members
as needed. All Board members must have demonstrated an interest in
historic preservation and be residents of the City of Las Vegas. The
City Manager or his/her designee shall also serve as a nonvoting ex
officio member. Of the seven regular members of the Board, at least
two of the members shall be preservation-related professional members
in the fields of architecture, historic architecture, architectural
history, archeology, planning, real estate, design, building trade,
landscape architecture, law or finance, to the extent that these professionals
are available in the community.
C.
Appointments. The seven members shall be appointed by the Mayor with
the consent and approval of the City Council. Advisory members may
be recommended by the Board to the Mayor and City Council for appointment.
In making the appointments to the Board, the Mayor shall give consideration
as to the individual qualifications of the candidates, including their
interests, experience and knowledge in community, cultural and natural
traditions and demonstrated interest in historic preservation.
D.
Term. The members of the Board will serve as follows: four for three
years; three for two years. The number of appointed terms is unlimited.
E.
Vacancies. In the event a vacancy occurs during the term of a Board
member, the Mayor, with the consent and approval of the City Council,
shall make an appointment to fill the unexpired term. Vacancies on
the Board shall be filled within 90 days.
F.
Compensation. Members shall serve without pay.
G.
Officers. Officers shall consist of at least the Chairperson and
Vice Chairperson elected by the Board. Each shall serve for one year
and be eligible for reelection. The Community Development Director
or his/her designee will act as the nonvoting ex officio Board's Secretary.
H.
Meeting notice. The Board shall meet at reasonable regular times
at places fixed by the Board. There shall be at least four meetings
per year held at regular intervals in a public place advertised in
advance and open to the public. All meetings held for the purpose
of formulating public policy, discussing public business or for the
purpose of taking any action within the authority of the Board. All
actions of the Board shall be subject to the Open Meetings Act (NMSA
1978, §§ 10-15-1 through 10-15-4)
I.
Minutes. Written minutes shall be kept of all meetings of the Board.
The minutes shall include at a minimum the date, time and place of
the meeting, the names of members in attendance and those absent,
the substance of the proposals considered and a record of any decisions
and votes taken. All minutes shall be open for public inspection.
Minutes shall not become official until approved by the Board.
J.
Annual informational meeting. The Board shall set aside at least
one regular meeting annually for informational or educational purposes
to be attended by Historic Preservation Division staff pertaining
to the work and functions of the Board or to historic preservation.
K.
Voting. A majority of four members shall constitute a quorum. Any
action taken shall require the affirmative vote of a majority of the
Board. Board members are required to abstain from voting on any action
in which their financial interest or those of their immediate families
are directly involved. Advisory and ex officio members shall not have
a vote.
L.
Legal counsel. When called upon by the Chairperson or a majority
of the Board members, the City Attorney shall attend Board meetings
and/or render legal advice to the Board.
M.
Meeting attendance. Any Board member who has missed three consecutive,
regularly scheduled meetings without due cause may be deemed to have
forfeited their seat on the Board.
N.
Staff. The Board shall prepare a list of routine alterations that
may receive immediate approval from its City staff without consideration
at a Board meeting, provided the applicant complies with the design
guidelines of the Board. The staff shall report on the approvals given
at each meeting of the Board. Working with the Chairperson, the staff
shall assist through meetings, letters and other procedures the coordination
of the work of the Board with the other departments, boards and commissions
of City government.
The Board has jurisdiction over land, landscaping, buildings
and structures in City-designated Cultural Historic Districts; and
land, landscaping, buildings and structures individually designated
by the City as historic. The property owner has the right to appeal
a decision of the Design Review Board to the Board of Adjustment.
The following are the duties and responsibilities of the Board:
A.
To issue or deny certificates of approval prior to the issuance of
any permit pertaining to the erection, alteration, removal or demolition
of those exterior features of buildings and other structures subject
to public view from any public street, right-of-way or public place.
B.
To review and act upon applications for certificate of approval requesting
alterations, demolition, or new construction within historic districts,
or for the alteration or demolition of designated landmarks in accordance
with all provisions of this chapter.
C.
To advise the City Planning and Zoning Commission, the City Council, the City Building Official, and any other public agencies on zoning changes, public improvements, and other matters involving historic areas, landscapes, and landmarks lying within the City of Las Vegas. The comments shall be given in accordance with the procedures in § 200-33 of this chapter.
D.
To propose, from time to time, to the City Planning and Zoning Commission
and the City Council the designation of local landmarks and districts
lying within the City of Las Vegas as historic landmarks or districts.
E.
To recommend to City Council, in unison with the Planning and Zoning
Commission, appropriate streets or portions of streets, within CH
Districts to be set aside for walk areas. The City Council may set
aside areas recommended, provided that 3/4 of the property owners
adjoining the street or portion of the street affected have given
consent thereto. Such walk areas shall be closed to vehicular traffic,
and any improvements made by the City in the public right-of-way within
the walk area shall be for pedestrian purposes. No walk area shall
be set aside unless there is adequate space available for parking
for those who will make use of the area. The Planning and Zoning Commission's
recommendation to the City Council shall include a statement of the
availability of parking spaces.
F.
To conduct surveys of historic areas and landmarks for the purpose
of determining those of cultural/natural significance. To maintain
and periodically revise a register of cultural/natural historic areas
and landmarks and to classify information with respect to national,
state, regional or local significance.
G.
To make recommendations to the Planning and Zoning Commission concerning
the establishment of an appropriate system of markers for such historic
areas and landmarks.
H.
To make recommendations concerning the preparation and publication
of maps, brochures, and descriptive material about the community's
cultural/natural historic areas and landmarks.
I.
To advise owners and/or residents of cultural historic areas and
landmarks regarding techniques for and resources available for preservation,
protection, enhancement and perpetuation based on the Secretary of
the Interior's Standards for Rehabilitation.
J.
To inform owners of property within the historic districts of published
materials available and related to preservation matters which may
be in the form of guidelines, handbooks, pamphlets, brochures, and
Internet services.
K.
To conduct an educational program with respect to historic districts
and landmarks within its jurisdiction.
L.
To undertake programs of information, research, or analysis relating
to any matters under its purview.
M.
To assist and encourage any person(s) or organization(s) who desires
to preserve, protect, enhance, and perpetuate cultural/natural historic
areas and/or landmarks.
N.
To identify historic buildings and structures that are being neglected
by their owners and tenants; to recommend and encourage the securing
and stabilizing of these historic buildings and structures; and to
meet with owners and tenants in order to find ways to improve the
condition of these neglected buildings and structures.
O.
To work with the State Historic Preservation Division on the coordination
of the City's historic preservation program with the program and plans
of the Division to assist in the local compliance with federal and
state historic preservation laws and regulations.
P.
To promote public interest in the foregoing purposes by carrying
on public relations programs; and to encourage and assist in the establishment
of educational cultural/natural programs, tours and events.
Q.
To adopt regulations and restrictions for the purpose of preserving,
protecting and enhancing designated historic areas and landmarks,
relating to the erection, alteration and demolition of those exterior
features of buildings and other structures subject to public view
from any public street, right-of-way or other public place.
R.
To prepare an annual report of the Board's activities, which shall
be sent to the State Historic Preservation Officer. Such report shall
include, at a minimum, the number of cases reviewed, new designations
made, progress on survey activities, resumes for Commission members,
and attendance records. Reports shall be submitted within 60 days
after the end of the fiscal year for the local government.
S.
To act as a liaison on behalf of the City to individuals and organizations
concerned with historic preservation.
T.
To adopt its own procedural regulations and make these public.
The Board shall sponsor an ongoing survey and research efforts
in the City of Las Vegas to identify neighborhoods, areas, sites,
structures, and objects that have historic, community, architectural,
or aesthetic importance, interest, or value. As part of the survey,
the Board may review and evaluate any prior surveys and studies by
any unit of government or private organization and compile appropriate
descriptions, facts and photographs. Before the Board nominates any
landmark for designation, it shall first develop a plan and schedule
for completion of a survey of the City of Las Vegas to identify potential
landmarks. The Board shall then systematically identify potential
landmarks and adopt procedures to nominate them in groups based upon
the following criteria:
A.
The potential landmarks in one identifiable neighborhood or distinct
geographical area of the City of Las Vegas;
B.
The potential landmarks associated with a particular person, event,
or historical period;
C.
The potential landmarks of a particular architectural style or form,
or of a particular architect, engineer, builder, designer, or craftsman;
or
D.
Such other criteria as may be adopted by the Board to assure a systematic
survey and nomination of all potential landmarks within the City of
Las Vegas.
Nominations for CH zoning shall be made for landmarks and historic
districts to the Board and may be submitted by a member of the Board,
owner of record of the nominated property or structure, the City Council,
or any other person or organization.
The Board shall, upon such investigation as it deems necessary,
make a determination as to whether a nominated property, structure,
or area has the integrity of location, design, material, and workmanship
to make it worthy of preservation or restoration and meets one or
more of the following criteria:
A.
Its character, interest, or value as part of the development, heritage,
or cultural characteristics of the community, county, state, or country;
B.
Its location as a site of a significant local, county, state or national
event;
C.
Its identification with a person or persons who significantly contributed
to the development of the community, county, state, or country;
D.
Its embodiment of distinguished characteristics of an architectural
style or form valuable for the study of a period, type, method of
construction, or use of indigenous materials;
E.
Its identification as the work of a master builder, designer, architect,
or landscape architect whose individual work has influenced the development
of the neighborhood, community, county, state or country;
F.
Its embodiment of elements of design, detailing, materials, or craftsmanship
that render it architecturally significant;
G.
Its embodiment of design elements that make it structurally or architecturally
innovative or typical of the locale;
H.
Its unique location or singular physical characteristics that make
it an established or familiar visual feature;
I.
Its character as a particularly fine or unique example of a utilitarian
structure, including, but not limited to, farmhouses, gas stations,
or other commercial structures, with a high level of historical and
architectural integrity or architectural significance; or
J.
Its suitability for preservation or restoration.
Within 45 days from receipt of a completed nomination in proper form, the Board shall adopt, by resolution, a recommendation that the nominated landmark or historic district does or does not meet the criteria for designation in above § 200-8, Criteria for consideration of nomination, of this chapter. The resolution shall be accompanied by a report to the Planning and Zoning Commission containing the following information:
A.
Explanation of the significance or lack of significance of the nominated
landmark or historic district as it relates to the criteria for designation;
B.
Explanation of the integrity or lack of integrity of the nominated
landmark or historic district;
C.
In the case of a nominated landmark found to meet the criteria for
designation:
(1)
The significant exterior architectural features of the nominated
landmark that should be protected;
D.
In the case of a nominated historic district found to meet the criteria
for designation:
(1)
The types of significant exterior architectural features of the structures
within the nominated historic district that should be protected;
(2)
The types of alterations and demolitions that should be reviewed
for appropriateness pursuant to the provisions of §§ 20-1-18
through 200-21 of this chapter;
E.
Proposed design guidelines for applying the criteria for review of
certificates of approval to the nominated landmark or historic district.
F.
The relationship of the nominated landmark or historic district to
the ongoing effort of the Board to identify and nominate all potential
areas and structures that meet the criteria for designation.
G.
Recommendations as to appropriate permitted uses, special uses, height
and area regulations, minimum dwelling size, floor area, sign regulations,
and parking regulations necessary or appropriate to the preservation
of the nominated landmark or historic district.
H.
A map showing the location of the nominated landmark and the boundaries
of the nominated historic district.
The Planning and Zoning Commission shall schedule a public hearing
on the nomination within 45 days following receipt of a report and
recommendation from the Board that a nominated landmark or historic
district does or does not meet the criteria for designation. Notice
of the date, time, place and purpose of the public hearing shall be
sent by certified mail, return receipt requested, to the owner(s)
of record, to the nominators, and to property owners within 100 feet
adjoining the nominated landmark or historic district at least 15
days prior to the date of the hearing. Notice shall be published in
a newspaper having general circulation in the City of Las Vegas.
Oral or written testimony concerning the significance of the nominated landmark or historic district shall be taken at the public hearing from any interested person concerning the nomination. The Board may present expert testimony or present its own evidence regarding the compliance of the nominated landmark or historic district with the criteria set forth in § 200-8, Criteria for consideration of nomination. The owner of any nominated landmark or of any property within a nominated historic district shall be allowed reasonable opportunity to present evidence regarding significance and shall be afforded the right of representation by counsel and reasonable opportunity to cross-examine witnesses.
Notice of determination of the Planning and Zoning Commission,
including a copy of the report, shall be sent by regular mail to the
owners of record of the nominated landmark and of all property within
the nominated historic district and to the nominator within seven
days following a determination by the Planning and Zoning Commission
that the nominated landmark or historic district does or does not
meet the criteria for designation. If the property or district meets
the criteria, a copy of the resolution and report, accompanied by
the recommendation that the nominated landmark or historic district
be designated, shall be sent to the City Council.
A determination by the Planning and Zoning Commission that the
nominated landmark or historic district does not meet the criteria
for designation may be appealed. The nominator or any owner of the
nominated landmark or of the property within the nominated historic
district may file, within 20 days following the date of the decision
by the Planning and Zoning Commission, a written appeal to the City
Council through the City Clerk.
A.
The City Council shall, within 60 days of receiving the recommendation from Planning and Zoning that the nominated landmark or historic district be designated or after receiving a written appeal of Planning and Zoning's recommendation, reject the recommendation/written appeal by formal resolution or designate the landmark or district by an ordinance. The City Council may hold a public hearing before enacting either the resolution or the ordinance providing notice and taking testimony in the same manner as provided in § 200-10, Notification of nomination, and § 200-11, Public hearing, above. Any resolution or ordinance should be accompanied by a written statement explaining the reason for the action of the City Council.
B.
The Community Development Director or his/her designee shall provide
a written notification of the action of the City Council by regular
mail to the nominator, the appellant, and the owner(s) of record of
the nominated landmark and of all property within a nominated district,
if any. The notice shall include a copy of the designation ordinance
or resolution passed by the City Council and shall be sent within
seven days of the City Council action. A copy of each designation
ordinance shall be sent to the Board, the Planning and Zoning Commission,
the Community Development Department and affected agencies and individuals.
Upon designation, the landmark or district shall be classified
as "CH-Cultural Historic." The designating ordinance shall prescribe
the significant exterior architectural features; the types of construction,
alteration, demolition, and removal, other than those requiring a
building or demolition permit, that should be reviewed for appropriateness;
the design guidelines for applying the criteria for review of appropriateness;
permitted uses; special uses; height and area regulations; minimum
dwelling size; floor area; sign regulation; and parking regulation.
The official Zoning Map of the City of Las Vegas shall be amended
to show the location of the CH-Cultural Historic designations.
No building permit shall be issued by the Community Development
Department for alteration, construction, demolition, or removal of
a nominated landmark or structure within a nominated district from
the date of the meeting of the Board at which a nomination form is
first presented until the final disposition of the nomination by the
City Council unless such alteration, removal, or demolition is authorized
by formal resolution of the City Council as necessary for public health,
welfare, or safety. In no event shall the delay be for more than 210
days.
A.
A certificate of approval shall be required before the following
actions affecting the exterior appearance of any land, building, or
structure within a CH District is undertaken:
(1)
Any construction, alteration, or removal requiring a building permit
from the City of Las Vegas;
(2)
Any demolition, in whole or in part, requiring a permit from the
City of Las Vegas;
(3)
Any construction, alteration, or removal affecting the exterior appearance;
or
(4)
Landscaping and plantings in publicly owned property.
B.
The Board shall not have review authority over paint colors used
on designated buildings and structures except for the situation when
an owner or tenant proposes to paint brick or masonry that has not
been previously painted. The Board may advise owners and tenants on
appropriate paint colors. The Board may prepare and distribute a list
of paint colors appropriate for different types of buildings.
C.
The Board shall not review landscaping plans involving privately
owned property; but it shall review landscaping plans to include open
space, massing, and height and the planting and removal of trees involving
public parks and other public property.
D.
The Board shall adopt a policy setting forth routine repairs that
may receive immediate approval from its professional staff without
consideration at a Board meeting, provided the applicant complies
with the design guidelines of the Board. The staff shall report on
these approvals at each meeting of the Board.
E.
In making a decision on an application for a certificate, the Board
should be aware of the importance of finding an appropriate way to
meet the current needs of the applicant. The Board should recognize
the importance of approving plans that will be reasonable and feasible
for the applicant to carry out.
F.
The Board may meet with the builders and other persons who work on
changes to or the maintenance and rehabilitation of historic buildings
and structures. The Board may meet with the persons who supply the
materials used on historic buildings and structures.
A.
Every application as set forth in § 200-18 for a demolition permit or a building permit with the accompanying plans and specifications affecting the exterior architectural appearance of a designated landmark or a property within a designated CH District shall be forwarded by the Community Development Department to the Board within 30 days following receipt of the application. Except for preapproved alterations (see §§ 200-3 and 200-4N), the Community Development Department shall not issue a permit for any purpose until a certificate of approval or a certificate of economic hardship has been issued by the Board.
B.
Applications for review as set forth in § 200-18 for construction, alteration, demolition or removal not requiring a building permit for which a certificate of approval is required shall be made on a form prepared by the Board and available at the Community Development Office. The Board shall consider the completed application at its next regular meeting.
C.
The applicant shall provide, where applicable, scale drawings of
the proposed work, photographs of the existing building, structure
or site and adjacent properties and information about the building
materials to be used. In its rules, the Board may prescribe additional
material to be included in an application. An application for a certificate
of approval shall not be considered complete and not be presented
to the Board until all required data has been submitted.
D.
The Board and the staff shall advise the applicant regarding compliance
with this chapter and meet the requirements of the applicant and other
public and private entities. Before applicants prepare their application,
they may bring a preliminary proposal to the Board or staff for comments.
When an application involves new construction, the applicant shall
present preliminary plans for review and comment before the preparation
of construction drawings of the project.
A.
The Board shall review applications for certificates of approval
and approve, conditionally approve or deny them within 45 days of
receipt of the application. The time may be extended with the concurrence
of both the applicant and the Board. If the applicant does not agree
to an extension, the Board may deny that application.
B.
At its meetings, the Board shall hold a public hearing on each application
for a certificate of approval and may discuss the contents of the
application, preservation guidelines and standards and other matters
of concern related to the application. Notice of the hearing shall
be given to the applicant. Public notice shall be given which includes
the applications for consideration at the Board's meeting. The applicant
or a representative of the applicant shall be present and may present
the project and answer questions of the Board. Other persons may present
testimony to assist the Board in reaching a decision. A report from
the staff on each application shall be given to the members of the
Board five working days prior to the hearing.
C.
The approval or conditional approval of the application shall include
a statement of the reasons for the approval or conditional approval.
The statement may include references to the preservation guidelines
and standards. Written notices of the approval, conditional approval
or denial of the application for a certificate of approval shall be
provided to the applicant and the Community Development Department
within seven days of the determination and shall be accompanied by
a certificate of approval in the case of an approval.
D.
If the Board fails to act on a complete application within the 45
days of initial presentation to the Board at the initial public meeting,
the application shall be deemed approved.
E.
The Board is deemed to have acted if:
(1)
The matter is tabled for any reason.
(2)
The application is considered incomplete.
(3)
There is no quorum available for action. However, should there be
no quorum available for two consecutive meetings, then the Community
Development Director or his designee shall be authorized to administratively
review and grant approval, with or without conditions, of the application
within 10 working days of submission to him or her or his or her designee.
(4)
The application is denied.
(5)
The application is granted with or without conditions.
A denial of a certificate of approval shall include a statement of the reasons for the denial. The statement may include references to the preservation guidelines and standards used by the Board in reaching its decision. The Board shall make recommendations to the applicant concerning changes, if any, in the proposed action that may cause the Board to reconsider its denial and shall confer with the applicant and attempt to resolve as quickly as possible the differences between the applicant and the Board. The applicant may resubmit an amended application, after changing the parts of the application that do not comply with the recommendation of the Board, or reapply for a certificate of approval. Refer to § 200-26 below for appeal procedures.
In considering an application for certificate of approval, the
Board shall be guided by the following general standards in addition
to any design guidelines in the ordinance designating the landmark
or historic district and the Secretary of the Interior's Standards
for Rehabilitation (Revised 1990):
A.
Every reasonable effort shall be made to provide a compatible use
for a property that requires minimal alteration of the building, structure,
or site and its environment or to use a property for its originally
intended purpose.
B.
The distinguishing original qualities or character of a building,
structure, or site and its environment shall not be destroyed. The
removal or alteration of any historic material or distinctive architectural
feature should be avoided when possible.
C.
All buildings, structures, and sites shall be recognized as products
of their own time. Alterations that have no historical basis or that
seek to create an earlier time appearance shall be discouraged.
D.
Changes that may have taken place in the course of time are evidence
of the history and development of a building, structure or site and
its environment. These changes may have acquired significance in their
own right. This significance shall be recognized and respected.
E.
Distinctive stylistic features or examples of skilled craftsmanship
that characterize a building, structure, or site shall be treated
with sensitivity.
F.
Deteriorated architectural features shall be repaired rather than
replaced, wherever possible. In the event replacement is necessary,
the new material should match the material being replaced in composition,
design, color, texture, and other visual qualities. Repair or replacement
of missing architectural features should be based on accurate duplication
of features, substantiated by historic, physical or pictorial evidence,
rather than on conjectural designs or the availability of different
architectural elements from other buildings or structures.
G.
The surface cleaning of the structures shall be undertaken with the
gentlest means possible. Sandblasting and other cleaning methods that
damage the historic building material shall not be undertaken.
H.
Every reasonable effort shall be made to protect and preserve archaeological
resources affected by, or adjacent to, any project.
I.
Contemporary design for alterations and additions to existing properties
shall not be discouraged when such alterations and additions do not
destroy significant historical, architectural, or cultural material,
and such design is compatible with the size, scale, color, material,
and character of the property, neighborhood, or environment.
The Board shall review proposed exterior signs affecting any
landmark or within a CH District.
A.
No sign permit shall be issued until the Board has approved the sign
through a separate certificate of approval or as part of a certificate
of approval covering a number of changes.
B.
The Board shall develop sign guidelines for landmarks and property
within a CH District after research on historic signs, including their
size, design, materials and placement.
C.
A proposed sign may include elements that do not comply with Chapter 347, Signs, of the Code of the City of Las Vegas. The Design Review Board may approve such a sign when it is appropriate under its historic sign guidelines.
D.
The approval by the
Board shall be submitted to City staff with a report stating the elements
that the Board has approved.
E.
City staff shall then issue a permit if the proposed sign complies with the regulations of Chapter 347, Signs, in all respects unless exempted by the Design Review Board.
F.
Owners and tenants shall not place signs on their buildings until
they have submitted their plans to the Board and received the certificate
of approval.
G.
The Board shall meet with the persons who make the signs displayed
on buildings in the City so that the Board may present to them its
guidelines.
A.
Application for a certificate of economic hardship shall be made to the Board on a form prepared by the Community Development Department. The Board shall schedule a public hearing concerning the application and provide notice in the same manner as in § 200-10, Notification of nomination, and any person may testify at the hearing concerning economic hardship in the same manner as provided by § 200-11, Public hearing. Certificate of economic hardship is not applicable to situations occurring in § 200-29, Emergency conditions.
B.
The Board may solicit expert testimony or require that the applicant
for a certificate of economic hardship make submissions concerning
any or all of the following information before it makes a determination
on the application:
(1)
Estimate of the cost of the proposed construction, alteration, demolition,
or removal and an estimate of any additional cost that would be incurred
in order to comply with the recommendations of the Board for changes
necessary for the issuance of certificate of approval.
(2)
A report from a licensed engineer or architect with experience in
rehabilitation as to the structural soundness of any structures on
the property and their suitability for rehabilitation.
(3)
Estimated market value of the property in its current condition;
after completion of the proposed construction, alterations, demolition,
or removal; after any changes recommended by the Board; and, in the
case of a proposed demolition, after renovation of the existing property
for continued use.
(4)
In the case of a proposed demolition, an estimate from an architect,
developer, real estate consultant, appraiser, or other real estate
professional experienced in rehabilitation as to the economic feasibility
of rehabilitation or reuse of the existing structure on the property;
(5)
Amount paid for the property, the date of purchase, and the party
from whom purchased, including a description of the relationship,
if any, between the owner of record or applicant and the person from
whom the property was purchased, and any terms of financing between
the seller and buyer;
(6)
If the property is income-producing, the annual gross income from
the property for the previous two years; itemized operating and maintenance
expenses for the previous two years; and depreciation deduction and
annual cash flow before and after debt service, if any, during the
same period;
(7)
Remaining balance on any mortgage or another financing secured by
the property and annual financing secured by the property and annual
debt service, if any, for the previous two years;
(8)
All appraisals obtained within the previous two years by the owner
or applicant in connection with the purchase, financing, or ownership
of the property, if an appraisal is not available the Board may require
one;
(9)
Any listing of the property for sale or rent, price asked and offers
received, if any, within the previous two years;
(10)
Assessed value of the property according to the two most recent
assessments;
(11)
Real estate taxes for the previous two years;
(12)
Form of ownership or operation of the property, whether sole
proprietorship, for profit or not-for-profit corporation, limited
partnership, joint venture, or other;
(13)
Any other information, including the income tax bracket of the
owner, applicant, or principal investors in the property considered
necessary by the Board to a make determination as to whether the property
does yield or may yield a reasonable return to the owners.
(14)
At the public hearing the Board may receive expert testimony
and testimony on alternative plans. It shall discuss alternative plans
before reaching a decision on an application.
The Board shall review all of the evidence and information required of an applicant for a certificate of economic hardship and all the material received from others and shall make a determination within 45 days of receipt of the application whether the denial of a certificate of approval has deprived or will deprive the owner of the property of reasonable use of or economic return on the property. The Board may then grant a certificate of economic hardship authorizing the work requested in the application or it may disapprove the granting of a certificate of economic hardship. The approval or disapproval of a certificate of economic hardship shall be accompanied by a statement of the reasons for the action. Written notice of the determination shall be provided in the same manner as required by § 200-20, Determination by Design Review Board.
A determination by the Board that an application for a certificate
of approval or for a certificate of economic hardship be denied shall
be final, unless within 20 days an appeal in writing is filed with
the Board of Adjustment by either an applicant or an opponent. The
filing of such an appeal within such time limit shall stay the effective
date of the order of the Board until such time as the Board of Adjustment
has acted on the appeal.
The Design Guidelines for the Historic Districts of the City
of Las Vegas, New Mexico, and subsequent revisions, amendments and
additions thereto adopted by the Board are hereby adopted in their
entirety by reference.
The Secretary of the Interior's Standards for Rehabilitation
and Guidelines for Rehabilitating Historic Buildings (Revised 1990,
as amended) and subsequent revisions, amendments and additions thereto
adopted by the Secretary of the Interior are hereby adopted in their
entirety by reference.
Emergency conditions, including hazardous buildings, shall be
handled in the following way:
A.
Conditions dangerous to life, health or property. In the case where
the Community Development Director or his/her designee is concerned
that there are emergency conditions dangerous to life, health or property
affecting a landmark or a property in a CH District and where the
owner has refused to make the emergency repair that are needed, the
Community Development Director or his/her designee shall immediately
make that determination whether there are emergency conditions dangerous
to life, health or property.
(1)
The determination shall be based on written reports and evidence
from the Fire Inspector, the State Building Inspector or other recognized
safety experts;
(2)
The Community Development Director or his/her designee shall promptly
notify the Chairperson of the Board or the person designated to act
in place of the Chairperson;
(3)
The Community Development Director or his/her designee shall seek
the advice and approval of the Board and shall present the reports
and evidence that such dangerous conditions exist and options to remedy
the situation;
(4)
If the Board cannot meet in a timely manner, the Community Development
Director or his/her designee may then order interim lifesaving measures,
according to the federal Life Safety Code and other state and local
regulations, without the approval of the Board;
(5)
When the dangerous conditions do not require demolition, the Community
Development Director or his/her designee shall make every effort to
carry out the intent of this chapter and to use the design guidelines
of the Board when remedying the dangerous conditions; and
(6)
The Community Development Director or his/her designee shall promptly
notify the Board of the action taken and shall present complete information
about the action taken at the next meeting of the Board.
B.
(Noncompliance refusal to make repairs) conditions dangerous to life, health or property. In the case where the Community Development Director or his/her designee is concerned that there are emergency conditions dangerous to life, health or property affecting a landmark or a property in a CH District and where the owner has refused to make the emergency repair that is needed, the Community Development Director or his/her designee shall notify the Municipal Code Enforcement Division to address issues in accordance with § 200-36, Notice to abate.
C.
Non-life-threatening emergency conditions. In all situations involving
emergency conditions that the Community Development Director or his/her
designee has determined are not life threatening, but require immediate
action, the Supervisor may request the Chairperson or the person acting
for the Chairperson to call a meeting of the Board within 72 hours
so that the Supervisor may present information about the action to
be taken. The meeting notice requirements of the Board shall not apply
when a meeting is being held to inform the Board about a situation
involving emergency conditions.
D.
Identifying and encouraging the securing and stabilizing of historic
buildings and structures. In order to prevent unnecessary demolitions,
the City, with assistance of the Board, shall develop a program to
identify and encourage the securing and stabilizing of historic buildings
and structures that are being neglected by their owners and tenants.
The City shall seek advice and assistance from private groups in order
to save these neglected building and structures.
A.
Ordinary maintenance and repairs. The owner and the tenant of a landmark
or a property in a CH District shall both be responsible for keeping
in good repair:
B.
Uniform Building Code. The work of owners and tenants shall follow
the Uniform Building Code as adopted by the City, and/or subsequent
revisions of the Building Code thereof. Ordinary maintenance and repairs
may be undertaken without a certificate of approval, provided this
work does not change the exterior architectural appearance of the
landmark or the property within the CH District.
C.
Interpretation. No provision in this chapter shall be interpreted
to require an owner or tenant to undertake an alteration or to restore
a building or structure to its original appearance.
D.
Maintenance list of owners and tenants. Working with the Community
Development Director or his/her designee, the Board shall prepare
and distribute to owners and tenants a maintenance list containing
the elements of buildings and structures that must be checked regularly
and protected in order to prevent a designated property from being
demolished as a result of neglect.
E.
Ways to improve the condition of an historic building or structure.
When an historic building or structure is in need of repair, the Board
shall request a meeting with the owner and the tenant to discuss with
them ways to improve the condition of the property. In accordance
with the program developed by the City to identify and encourage the
securing and stabilizing of neglected historic building and structures,
the Board may request the assistance of private groups or individuals
to act as intermediaries. The Board shall review with the Community
Development Director or his/her designee and other City officials
future steps required to preserve the threatened property. The Board
shall then notify the City Council of its concerns and recommendations.
F.
Other laws and regulations. The provisions of this chapter shall
be in addition to all other provisions of the State of New Mexico
and the City of Las Vegas laws and regulations requiring that buildings
and structures be properly maintained and kept in good repair.
A.
The staff of the Board shall prepare and distribute a map showing
the properties on the National Register of Historic Places and the
State Register of Cultural Properties. This map shall be used with
a similar map of locally designated landmarks and CH Districts. The
Board shall develop unified procedures so that an owner or tenant
will make a single presentation about proposed plans.
B.
As part of its duties, the Board may direct the local review of new
nominations to the National Register of Historic Places in accordance
with federal, state and local laws and regulations or ordinances.
A.
The City shall coordinate its historic preservation program with
the program and plans of the State Historic Preservation Division.
The Community Development Director or his/her designee shall report
to the Design Review Board on the projects in Las Vegas that are to
be submitted to the division for its review.
B.
The Board shall assist in the local compliance with the requirements
of federal and state laws and regulations, including, but not limited
to, the holding of required public hearings, the preparation of the
record in each case, the analysis of whether there is a prudent and
feasible alternative and the planning to preserve, protect and to
minimize harm to significant prehistoric or historic sites.
C.
The City Council and City departments, boards and commissions shall
coordinate the preparation of plans and projects with the Design Review
Board to ensure the protection of publicly and privately owned historic
property and to ensure that City-owned historic property is preserved
and is considered in the allocation of funding for capital improvements.
Any person or persons, or any board, department, or bureau of
the City of Las Vegas shall file an application for certificate of
approval with the Community Development Department for presentation
to the Board for the following:
A.
Zoning changes, zoning amendments for public and/or private construction
projects that are initiated for properties within the confines of
the CH Overlay Districts. (Application of certificate of approval
required.)
B.
Any construction project initiated for properties, buildings or structures
or sites individually listed by the City or state or the National
Registers and owned or controlled by the City, state or federal governmental
agencies or any other public institutions. (Application of certificate
of approval required.)
C.
The Community Development Director or his or her designee shall work
with Chairperson of the Design Review Board to arrange meetings, letters
and other procedures that will coordinate the plans for projects to
be initiated for those areas mentioned above.
The Community Development Director or his/her designee shall
work with the Board to develop a program to review proposed changes
to designated property and to issue certificates.
A.
Any person who undertakes or causes an alteration, construction demolition, removal, or the painting of previously unpainted brick or masonry of any nominated or designated landmark or property within a nominated or designated CH District, without a certificate of approval or a certificate of economic hardship, is committing a public nuisance violation within a CH District as described in § 200-3, Definitions.
B.
Whoever commits a public nuisance shall be guilty of a misdemeanor
and, upon conviction thereof, may be punished by a fine of not more
than $500. Every day each such violation shall continue to exist shall
constitute a separate violation.
The provisions of this section shall be in the alternative to
any other provision of this chapter.
A.
Whenever a public nuisance, as defined in this chapter, is found
to exist within any of the designated CH Districts, any Municipal
Code Enforcement Officer, upon observing any violation of this chapter,
shall issue a notice directed to the owner of record of the property
on which the nuisance occurs and/or the occupant of the property.
B.
The notice shall describe the violation and shall establish a reasonable
time limit for the abatement thereof by the owner or occupant or tenants.
Said limit shall not be less than two days nor more than 15 days after
service of notice.
C.
Every person, including the owner, his agent, lessee or occupant
of the property where such public nuisance exists, shall abate any
public nuisance by the correction, or removal of the public nuisance
within 15 days of being given notice, or by entering into a written
agreement with the City for the correction or removal of the nuisance
within said 15 days.
D.
If an agreement is entered into within the fifteen-day period, the
time limits of this section shall be stayed.
E.
If the person so cited disagrees with the decision made by the City
Manager or his designee, that person shall have the right to request,
within 15 days of the initial notice, a hearing before the Design
Review Board. If a request for hearing is made within the fifteen-day
period, the time limits of this section shall be stayed pending a
decision by the Design Review Board.
F.
The notice may be served personally or by certified mail at the owner's
or occupant's last known address.
G.
When a judgment is entered against the defendant in an action to
abate the public nuisance, the defendant shall pay all court costs
and reasonable attorneys' fees for complaint when the suit is not
prosecuted exclusively by the City Attorney.
A.
The first notice will be in the form of a violation notice (red tag)
which will be served personally or by certified mail, return receipt
requested. The red tag will describe the violation, the location of
the public nuisance, a statement of acts necessary to abate the nuisance,
and issue a compliance date.
B.
The owner will have the right to request an extension of time within
which to comply with the Community Development Department by written
agreement or to request a hearing by the Design Review Board.
C.
If compliance or request for hearing is not met or requested by the
stated date, a second, final notice will be a pending prosecution
notice and/or notice of abatement by the City. An inspection will
be conducted at the end of the time limit stated in the notice. If
compliance is still not met, the City will proceed with the abatement
of the nuisance or with the filing of a complaint in a court of law.
Upon the failure to abate by the person upon whom notice to abate a public nuisance was served pursuant to the provisions of § 200-37, the City may proceed to abate such public nuisance itself and shall prepare a statement of cost incurred in the abatement for payment by the legally responsible person.
Any and all costs incurred by the City in the abatement of a
public nuisance under the provisions of this chapter shall constitute
a lien against the property upon which such public nuisance existed.
The lien shall be filed, proven, and collected as provided by law.
Such lien shall be notice to all persons from the time of its recording
and shall bear interest at the legal rate of interest until satisfied.
[Amended 6-9-2021 by Ord. No. 21-04]
A.
Except as otherwise provided in this section, an action filed in
court for abatement shall be governed by the New Mexico Rules of Civil
Procedure.
B.
A civil action to abate a public nuisance may be brought in any court
of competent jurisdiction against any person or entity who creates,
performs, enables or maintains a public nuisance.
C.
For cases in the City's Municipal Court, a lien against real
estate may be foreclosed in the same manner that mortgages or other
liens against real estate are foreclosed with like rights of redemption.
Lien against personal property may be foreclosed in the same manner
security interests are foreclosed. At the trial of any case foreclosing
any lien, the recitals of the lien or other evidence of indebtedness
shall be received in evidence as prima facie true. In the foreclosure
of any lien created by municipal ordinance or under authority of law,
a reasonable attorney's fee shall be granted by the court as
part of the reasonable costs of the case.
D.
The City may file a criminal complaint for public nuisance in the
appropriate court as provided by New Mexico law.
E.
Pursuant to NMSA § 30-8-8(B), as it may be amended, a civil
action to abate a public nuisance may be brought, by verified complaint
in the name of the state without cost, by any public officer or private
citizen, in the district court of the county where the public nuisance
exists, against any person, corporation or association of persons
who shall create, perform or maintain a public nuisance.
The Board may recommend to City Council an appropriate system
of processing fees for the review of landmarks, historic district
nominations, certificates of approval, and certificates of economic
hardship. The proposed fee schedule is to be adopted by resolution.
