Section R12-8-304. Factors for Determining Certification Eligibility

A.      Before the SHPO Officer (Officer) certifies a Historic Property as eligible for a change in property tax classification, the prop- erty shall be listed in the National Register of Historic Places:

1.        Individually; or

2.        As part of a historic district. If within a historic district, the Officer shall determine whether or not the property contributes to the character of the historic district.

B.       After the SHPO Officer determines a property is eligible for reclassification, the SHPO shall certify a historic property as Non-Commercial or Commercial, as defined in A.R.S. § 42- 12101.

C.      The following are exclusions from eligibility:

1.        The Officer shall not certify a historic property that includes within its legal description a building, structure, improvement, or land area that does not contribute to the historical character and that can be excluded by modify- ing the legal description. If the legal description in an application includes an element or area of this nature, the applicant shall modify the legal description upon notifica- tion by the Officer in order to be eligible for certification.

2.        A Historic Property that does not meet the minimum maintenance standards described in R12-8-306 shall not be certified by the Officer. In addition to other reasons established by law, the Officer may disqualify a property

certified as a historic property for property tax purposes if the property owner does not comply with these rules and regulations of the Board designated in this Article.

E.       Certification continues through any change of ownership, if the new owner submits required reports and affirms compli- ance with the program requirements in writing.

F.        Historic Property shall not be decertified by the SHPO without proof, by certified mail, return receipt requested, that the cur- rent owner on record with the appropriate County Assessor’s Office, has received notice in writing.

Historical Note

Adopted effective June 30, 1978 (Supp. 78-3). Former Section R12-8-63 renumbered as Section R12-8-304 without change effective November 1, 1981 (Supp. 81-5).

Former Section R12-8-304 renumbered and amended as Section R12-8-303, former Section R12-8-305 renum- bered and amended as Section R12-8-304 effective August 26, 1983 (Supp. 83-4). Former Section R12-8- 304 renumbered to R12-8-307; new Section R12-8-304 renumbered from R12-8-301 and amended by final rulemaking at 7 A.A.R. 1010, effective February 8, 2001

(Supp. 01-1).