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Springville Landmarks Preservation Commission Purpose and Process
(this information is taken from Springville Municipal Code. The entire code can be review at : http://www.codepublishing.com/UT/Springville/html/Springville05/Springville056.html )

CHAPTER 6
LANDMARKS PRESERVATION COMMISSION

Sections:

5-6-101    Commission Established.

5-6-102    Term of Office.

5-6-103    Organization.

5-6-104    Duties.

5-6-105    Compensation.

5-6-106    Historic Sites List.

5-6-107    Historic Landmark Register.

5-6-108    Standards for Rehabilitation.

5-6-109    Qualifications.

5-6-110    Subcommittees Authorized.

5-6-101 Commission Established.

(1)    In order to preserve the historical heritage of the City and to identify, preserve, protect and enhance historic and prehistoric areas lying within the City, there is hereby established a commission to be known as the Springville Landmarks Preservation Commission.

(2)    The Springville Landmarks Preservation Commission shall consist of five (5) to nine (9) members of the general public who shall be appointed by the Mayor with the consent of the City Council.

(3)    One (1) member of the City Council to be designated by the Mayor and one (1) alternate member selected from the City Council shall be assigned to attend the Springville Landmarks Preservation Commission meetings. City Council members shall serve as non-voting members of the Commission. In addition, selected staff members shall attend commission meetings.

(1979 Code 5-6-1; adopted by Ordinance No. 7-84; amended by Ordinance No 26-06)

5-6-102 Term of Office.

Each member of the Landmarks Preservation Commission, except the City Council members who serve on the Commission, shall serve for a term of four (4) years and until his successor is appointed; provided, that the members first appointed shall be appointed for such terms that the terms of the embers shall be staggered to expire every two years. The term of the City Council members who sit on the Landmarks Preservation Commission shall be for two (2) year segments concurrent with the term on the Council. The term of office of each member shall commence on the first day of April in the year in which such ember is appointed. The City Council upon a majority vote may remove any member of the Landmarks Preservation Commission. No cause is necessary for such removal. Vacancies shall be filled in the same manner as the original appointment for the unexpired term.

(1979 Code 5-6-1; adopted by Ordinance No. 7-84; amended by Ordinance No 26-06)

5-6-103 Organization.

The Springville Landmarks Preservation Commission shall elect its own chairman and secretary and shall appoint all other officers necessary, for terms of one (1) year, and may adopt such rules and regulations for the conduct of its business. The Springville Landmarks Preservation Commission should meet as often as necessary to conduct necessary business. Written minutes shall be kept of each meeting and the minutes forwarded to the City Council for their review.

(1979 Code 5-6-1; adopted by Ordinance No. 7-84; amended by Ordinance No 26-06)

5-6-104 Duties.

(1)    The Commission shall conduct or cause to be conducted a survey of the historic, architectural and archeological resources within the City. The survey shall be compatible with the Utah Inventory of Historic and Archeological Sites. Survey and inventory documents prepared by the Commission or at its direction shall be maintained by the commission and shall be open to public inspection. The survey shall be updated at least once every ten (10) years.

(2)    The Commission shall review and comment to the State Historic Preservation officer on all proposed nominations of properties within the community for inclusion on the National Register of Historic Sites. In evaluating and commenting on such nominations which are normally evaluated by professions in a specific discipline, if no member of the Commission is a professional in that discipline, the Commission will seek professional advice in that area before making its comments and evaluations.

(3)    The Commission shall act in an advisory role to other departments of City government regarding the identification and protection of local historic and archeological resources.

(4)    The Commission shall promote the continuing education of residents of the City regarding historic preservation and the community’s history.

(5)    The Commission shall support enforcement of all state laws relating to historic preservation, including, but not limited to, the following:

(a)    The Historic District Act (UCA 1953 11-18-2);

(b)    Protection of antiquities (UCA 1953 63-18-25, et seq.);

(c)    Notification of the State Historic Preservation Office of any known proposed action which will destroy or effect a site, building, or object owned by the state of Utah and included on or eligible for the State Historic Register or National Register of Historic Sites (UCA 1953 63-18-37).

(6)    The Commission shall have such other duties, not inconsistent with the provisions of this Chapter, with regard to preserving the history of the community as shall be designated by the Mayor from time to time.

(1979 Code 5-6-2; adopted by Ordinance No. 7-84, amended by Ordinance No 26-06)

5-6-105 Compensation.

Members of the Commission shall serve without compensation, except that the City may make provision for payment of necessary expenses incurred by them in carrying out the duties specified in this Chapter.

(1979 Code 5-6-3; adopted by Ordinance No. 7-84, amended by Ordinance No 26-06)

5-6-106 Historic Sites List.

(1)    There is hereby established a Springville Historic Sites List. The Landmarks Preservation Commission may designate any building, structure, or site to the Historic Sites List if such building, structure, or site meets the following standards:

(a)    It is located within the boundaries of the City.

(b)    The building or structure is at least fifty (50) years old.

(c)    It retains its historic integrity, in that there are no major alterations or additions that have obscured or destroyed the significant historic features of the site. Major alterations that would destroy the historic integrity include, but are not limited to, changes in pitch of the main roof, enlargement or enclosure of windows on the principal facades, addition of upper stories or the removal of original upper stories, covering exterior walls with non-historic materials, moving a building or structure from its original location to one that is dissimilar to the original, or additions which significantly attract from or obscure the original form and appearance of the building or structure when viewed from the public streets.

(d)    It has been documented according to Utah State Historic Preservation Office standards for intensive level surveys and copies of such documentation have been filed with the Landmarks Preservation Commission and in State historic preservation files.

(2)    Any person, group, or government agency may nominate a property for listing in the Springville Historic Sites List. The procedure for nominating and listing such a property is as follows:

(a)    Nomination shall be by letter together with duplicate copies of completed intensive level survey documentation for each property submitted to the Landmarks Preservation Commission.

(b)    The Landmarks Preservation Commission shall review and consider such nomination at its next scheduled meeting. The Commission shall notify the nominating party, either orally or in writing, one week prior to the meeting that the nomination to the Historic Sites List will be considered and shall place that item on the agenda posted for the meeting. The one-week notification period may be waived by the nominating party. The Landmarks Preservation Commission shall not, however, review any nomination which is submitted less than forty-eight (48) hours prior to the meeting.

(c)    The Landmarks Preservation Commission shall review the documentation for completeness, accuracy, and compliance with the standards set forth in subsection (1) above.

(d)    If the Landmarks Preservation Commission determines that the nomination is proper and complete, that the standards set forth in subsection (1) above have been met, and that the building, structure, or site is a significant historic resource of the community, it shall place the building, structure, or site on the Springville Historic Sites List.

(3)    The owner of a property listed on the Historic Sites List may obtain a Historic Sites Certificate from the Landmarks Preservation Commission. The certificate shall contain the historic name of the property, the date of designation to the Historic Sites List, and signatures of the Mayor and Chairman of the Landmarks Preservation Commission.

(4)    If a building, structure, or site listed on the Historic Sites List is to be demolished or extensively altered, efforts shall be made to document its physical appearance before such action takes place. To assist such documentation, the City shall delay issuing a demolition permit, building permit, or excavation permit for the property for a period of one week after application for the permit is submitted. The building inspector shall notify a member of the Landmarks Preservation Commission of the application for the demolition, building, or excavation permit. It shall then be the responsibility of the Landmarks Preservation Commission to document the property. Documentation shall include exterior photographs of the Historic Building and when possible, both exterior and interior measurements of the building in order to provide an accurate floor plan drawing. After expiration of the one-week period, the demolition, building, or excavation permit may be issued whether or not the Landmarks Preservation Commission has documented the property. The permit may be issued before expiration of the one-week waiting period if the building inspector is notified by the Landmarks Preservation Commission that its documentation has been completed. All such documentation will be kept in the Commission’s Historic Sites files, which shall be open to the public.

(5)    If the Landmarks Preservation Commission determines that a property no longer meets the standards for designation to the Historic Sites List, it shall remove the property from the Historic Sites List.

(1979 Code 5-6-4; adopted by Ordinance No. 21-89, amended by Ordinance No 26-06)

5-6-107 Historic Landmark Register.

(1)    There is hereby established a Springville Historic Landmark Register for the purpose of recognizing historic properties and providing incentives and guidelines for their preservation. Any building, structure, or site may be designated to the Historic Landmark Register if it meets the following standards:

(a)    It is located within the boundaries of the City.

(b)    It is listed in the National Register of Historic Places or has been officially determined eligible for listing in the National Register of Historic Places under applicable federal regulations.

(c)    The property must have been associated with events that have made a significant contribution to the broad patterns of the community’s history; or associated with the lives of persons significant in the community’s history; or embody the distinctive characteristics of a type, period, or method of construction that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or have yielded, or may be likely to yield, information important in history or prehistory.

(d)    The owner or owners of the property have given written approval for designation of the property to the Historic Landmark Register.

(2)    The procedure for designation of a property to the Historic Landmark Register is as follows:

(a)    The owner of the property shall submit a written request for designation to the Chairman of the Landmarks Preservation Commission. The letter shall identify the property by its address and historic name, give the date the property was listed in the National Register of Historic Places or officially determined eligible for such listing, and include a verification that the owner holds the legal title to the property.

(b)    Upon receipt of the written request for designation, the Chairman of the Landmarks Preservation Commission shall arrange for the nomination to be considered at a meeting of the Commission within thirty (30) days from the date the nomination was received.

(c)    At its meeting, the Commission shall evaluate the nomination based upon standards set forth in subsection (1) above. The Commission shall forward its recommendation with regard to placing the property on the Historic Landmark Register to the City Council within fourteen (14) days after the meting of the Landmarks Preservation Commission.

(d)    The City Council shall consider the recommendation of the Landmarks Preservation Commission and may, by approval and passage of an appropriate resolution, designate the property to the Historic Landmark Register. Following such designation, a notice of the action of the City Council shall be mailed to the owners of record together with a copy of this Section.

(e)    Designation of a property to the Historic Landmark Register may be amended or rescinded in the same manner as in original designation.

(f)    The Landmarks Preservation Commission shall cause a document certifying designation of a property to the Historic Landmark Register to be recorded with the County Recorder’s Office.

(3)    When a property has been designated to the Historic Landmark Register, such designation shall have the following effects:

(a)    Owners of such property may seek assistance from the Landmarks Preservation Commission in applying for grants or tax credits for rehabilitating their property.

(b)    Proposed repairs, alterations or additions to Historic Landmarks are subject to review by the Landmarks Preservation Commission and subsequent review and approval by the City Council. Such review is to insure the preservation of historic features to the greatest possible degree. Applications for demolition, building, or excavation permits pertaining to Historic Landmark property shall be forwarded by the building inspector to the Landmarks Preservation Commission prior to the issuance of any such permit. At its next scheduled meeting, the Landmarks Preservation Commission shall review the applications and proposed work for compliance with Section 5-6-106. The Commission’s recommendation with regard to any such application shall be forwarded within ten (10) days to the City Council for its consideration. Copies of the recommendation shall be sent to the building inspector and property owner. The City Council shall schedule the matter for its next regular meeting and upon review of the Landmarks Preservation Commission’s recommendation and other information given at the meeting, shall make a decision regarding the appropriateness of the proposed permits. Approved projects shall be issued a Certificate of Historical Appropriateness which authorizes the building, demolition, or excavation permit to be issued.

(4)    The provisions of subsection (3) above are subject to enforcement in the same manner as the building code adopted by Title10 of this Code.

(1979 Code 5-6-5; adopted by Ordinance No. 21-89, amended by Ordinance No 26-06)

5-6-108 Standards for Rehabilitation.

The following standards shall be used by the Landmarks Preservation Commission and City Council when determining if a property should be placed on the Historic Landmark Register and in making an evaluation of a project pursuant to Section 5-6-105(3)(b):

(1)    A reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment.

(2)    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 features shall be avoided.

(3)    All buildings, structures, and sites shall be recognized as products of their own time. Alterations which have no historic basis and which seek to create an earlier appearance shall be discouraged.

(4)    Changes which 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, and this significance shall be recognized and respected.

(5)    Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated appropriately.

(6)    Deteriorated architectural features shall be repaired rather than replaced whenever possible. In the event replacement is necessary, the new material shall match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features shall be based on accurate duplications 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.

(7)    Surface cleaning of the structure shall be undertaken by the gentlest means possible. Sandblasting and other cleaning methods which will damage historic building materials shall not be used.

(8)    A reasonable effort shall be made to protect and preserve archeological resources affected by or adjacent to any rehabilitation project.

(9)    Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historic, architectural or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood or environment.

(10)    New additions or alterations to a structure shall, whenever possible, be done in such a manner that if such additions or alterations were removed in the future, the essential form and integrity of the structure would be unimpaired.

(1979 Code 5-6-6; adopted by Ordinance No. 21-89; amended by Ordinance No 26-06)

5-6-109 Qualifications.

All members of the Commission shall be residents of the City of Springville. Members of the Commission shall be individuals with a demonstrated interest, competence, or knowledge in historic preservation. To the extent that such individuals are available in the City, two (2) members of the Commission shall be professionals, as defined by National Park Service regulations, from the disciplines of history, architecture, or architectural history.

(1979 Code 5-6-1; adopted by Ordinance No. 7-84; amended by Ordinance No 26-06)

5-6-110 Subcommittees Authorized.

Upon a majority vote of the members of the Landmarks Preservation Commission, subcommittees may be established to oversee specific areas of concern to the Commission. In authorizing a subcommittee, the Commission should establish rules and procedures for members, terms, and duties of the subcommittee. Only members of the Commission will serve on subcommittees.

(Adopted by Ordinance No 26-06)

 

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