Centerville City Zoning Code

The Historic Preservation Commission is hereby designated as the official body to review all matters concerning designation, preservation, modification or demolition of any asset listed on the Significant Historic Sites List, Historic Landmark Register and Historic Area Register, or nominations of such assets to the National Register of Historic Places, within the City in accordance with the provisions set forth in this Chapter. However, the City Council shall grant all final approvals for designations to the Historic Landmark Register and the Historic Area Register, or official local sanction for the National Register of Historic Places.

1. Created. There is hereby created a Centerville Significant Historic Sites List, which shall serve as a means of providing recognition to and encouraging the preservation of knowledge and information of important historic sites, places, structures, buildings, etc. within the City. The Significant Historic Sites List shall be prepared and maintained by the Historic Preservation Commission. The Historic Preservation Commission shall ensure that all nominations and any subsequent amendments or any additions thereto are approved in accordance with the provisions of this Chapter.
   
2. Contents. The Significant Historic Sites List shall describe as concisely as possible any significant historic assets that no longer exist; assets that have been significantly modified but have significant value; or the actual location of any event that had occurred in the past that played a significant role, or had an important influence within Centerville City. 
   
3. Request for Identification. Any person, group, or governmental agency may nominate a historical asset for the Significant Historic Sites List by submitting a written request for nomination to the Historic Preservation Commission. The request for identification shall include the documentation of the qualifying contents and criteria set forth in this Section.
   
4. Review of Request. Upon receipt of a written request for identification, the Historic Preservation Commission shall review the submitted nomination at the Commission’s next scheduled meeting, permitting adequate time for processing application and notice of the same. The Historic Preservation Commission shall review the nomination in accordance with the criteria set forth in this Section and shall approve, approve with conditions, or deny the same for placement on the Significant Historic Sites List.
   
5. Notification. When a historic asset is officially nominated to the Significant Historic Sites List by the Historic Preservation Commission, the Commission shall promptly notify any applicable owner in writing of the nomination to the listing. Upon official acceptance of the nomination, the historic asset shall be eligible for any recognition programs established by the City.
   
6. Identification Criteria. The Historic Preservation Commission may nominate any historic asset to the Significant Historic Sites List, in accordance with the procedures set forth in this Section, if it meets all the criteria set forth below:
   
   1. Existing assets or removed assets shall be located or have taken place within the official boundaries of the City;
      
   2. It was built or occurred at least 50 years in the past;
      
   3. It is directly associated with events of historic significance in the community;
      
   4. It is closely associated with the lives of persons who were of historic importance to the community; or
      
   5. It exhibited significant architectural design or methods of construction that were used within the historic period it was established.

1. Created. There is hereby created a Centerville Historic Landmark Register, which shall provide further recognition of significant individual historic assets and provide certain benefits and rehabilitation guidelines for such significant assets as an incentive for their preservation. The Historic Landmark Register shall be prepared and maintained by the Historic Preservation Commission with the consent of the City Council in accordance with the provisions set forth in this Section. The Historic Preservation Commission shall ensure that nominations to the Historic Landmark Register and any subsequent amendments or any additions thereto are approved by the City Council and filed with the City Recorder and the Davis County Recorder's Office.
   
2. Contents. The Historic Landmark Register shall describe as concisely as possible each site, structure or building, the date(s) of its occurrence or construction as nearly as can be determined, the qualifications for including it on the Historic Landmark Register, and the name and address of the current owner of property as shown on the records of the Davis County Recorder.
   
3. Request for Designation. Any owner of property may nominate his or her property for listing on the Historic Landmark Register by submitting a written request for designation to the Historic Preservation Commission. An official request for designation may be preceded by informal contacts with the property owner by members of the Historic Preservation Commission, City staff, or other interested parties. The written request shall include the following:
   
   1. Address and/or historic name of the property;
      
   2. Date the property was listed in the National Register or officially determined eligible and documentation supporting such listing or eligibility;
      
   3. Statement verifying the owner is indeed the legal owner of the property, according to record of the Davis County Recorder;
      
   4. Statement that the owner desires the action to designate his or her property to the Historic Landmark Register;
      
   5. Submittal of the applicable research and documentation regarding the historic asset, performed in accordance with the Utah State Historic Preservation Office standards for intensive level surveys. Copies of such documentation shall be maintained in the City's preservation files; and
      
   6. Any other information deemed necessary by the Historic Preservation Commission or the City Council for determining the property's eligibility for designation.
      
4. Review of Request. Upon receipt of a written request for Historic Landmark Register designation, the Historic Preservation Commission shall review the submitted nomination at the Commission’s next scheduled meeting, permitting adequate time for processing application and notice of the same. The Historic Preservation Commission shall review the nomination in accordance with the criteria set forth in this Section. The Historic Preservation Commission shall forward its recommendation regarding the nomination to the City Council for its review and approval, approval with conditions, or denial as set forth herein.
   
5. Designation and Notification. The City Council may designate a nomination to the Historic Landmark Register by approval and passage of an appropriate resolution. When a historic asset is officially designated to the Historic Landmark Register by the City Council, the Historic Preservation Commission shall record the designation certificate with the City Recorder and promptly notify the property owner in writing of the designation together with a copy of the designation certificate. Upon official approval of the nomination, assets listed on the Historic Landmark Register shall be eligible for any recognition or preservation programs established by the City.
   
6. Approval Criteria. Any nominated historic asset may be designated to the Historic Landmark Register in accordance with the procedures set forth herein if it meets all the criteria set forth below:
   
   1. The historic asset is located within the official boundaries of the City;
      
   2. Is currently listed in the National Register of Historic Places, or it has been officially determined eligible to be listed by meeting the National Register Criteria for Evaluation, as amended;
      
   3. The historic asset was built or occurred at least 50 years in the past and at present is still in existence;
      
   4. The historic asset has substantially retained its original integrity, as defined in CZC 12.61.100(e)(2), and meets at least one of the following criteria:
      
      1. Is associated with events that have made a significant contribution to the broad patterns of the community's history; 
         
      2. Is associated with the lives of persons significant in the community's past;
         
      3. Embodies the distinctive characteristics of a type, period, or method of construction, represent the work of a master, possess high artistic values, or represent a significant and distinguishable entity whose components may lack individual distinction; or
         
      4. Has yielded, or may be likely to yield, information important in prehistory or history (e.g. archaeological sites).
         
7. Intensive Level Survey. Historic assets to be listed on the Historic Landmark Register which are not already listed on the National Register of Historic Places or if ineligible for such national listing, shall nonetheless be properly documented by an intensive level survey, in accordance with the Utah State Historic Preservation Office standards for intensive level surveys.

1. Created. There is hereby created a Centerville Historic Area Register, which shall provide further recognition of significant historic assets and provide certain benefits and rehabilitation guidelines for such significant assets as an incentive for their preservation. The Historic Area Register shall be prepared and maintained by the Historic Preservation Commission with the consent of the City Council in accordance with the provisions set forth in this Section. The Historic Preservation Commission shall ensure that nominations to the Historic Area Register and any subsequent amendments or any additions thereto are approved by the City Council and filed with the City Recorder's Office.
   
2. Contents. The Historic Area Register shall describe as concisely as possible the boundary or perimeter area of a historic area, street, or block, the qualifications for including it on the Historic Area Register, and the name and address of all current owners of property within the district, as shown on the records of the Davis County Recorder.
   
3. Request for Designation. The owners of property, Historic Preservation Commission, or City Council may nominate an area for listing on the Historic Area Register by submitting a written request for designation to the Historic Preservation Commission. An official request for designation may be preceded by informal contacts with the property owners, by members of the Historic Preservation Commission, City staff, or other interested parties. The written request shall include the following:
   
   1. The description of the proposed area boundary or location, along with the addresses of each property within the proposed Historic Area, regardless of whether all properties are contributing historical assets and the proposed historic name desired for the proposed area.
      
   2. Statement verifying or witnessing that all owners have been notified in writing or by mailing, as addressed with the County Records, of such proposal to create a Historic Area. 
      
   3. Submittal of the applicable research and documentation regarding all historic assets found within the proposed Historic Area, performed in accordance with the Utah State Historic Preservation Office standards for intensive level surveys. Copies of such documentation shall be maintained in the City's preservation files.
      
   4. Any other information deemed necessary by the Historic Preservation Commission or the City Council for determining the proposed Historic Area eligibility for designation.
      
4. Review of Request. Upon receipt of a written request for Historic Area Register designation, the Historic Preservation Commission shall review the submitted nomination at the Commission’s next scheduled meeting, permitting adequate time for processing application and notice of the same. The Historic Preservation Commission shall review the nomination in accordance with the criteria set forth in this Section. The Historic Preservation Commission shall forward its recommendation regarding the nomination to the City Council for its review and approval, approval with conditions, or denial as set forth herein.
   
5. Designation and Notification. The City Council may designate a nomination to the Historic Area Register by approval and passage of an appropriate resolution. When a historic area is officially designated to the Historic Area Register by the City Council, the Historic Preservation Commission shall promptly notify all property owners, within the boundary area, in writing of the designation together with a copy of the designation certificate. Upon official approval of the nomination, assets listed on the Historic Area Register shall be eligible for any recognition or preservation programs established by the City.
   
6. Approval Criteria. Any nominated historic location may be designated to the Historic Area Register in accordance with the procedures set forth herein if it meets all the criteria set forth below:
   
   1. The historic area is located within the official boundaries of the City.
      
   2. All contributing historic assets were built or occurred at least 50 years in the past and presently exist.
      
   3. The historic area has substantially retained its original integrity and meets at least one of the following criteria:
      
      1. Is associated with events that have made a significant contribution to the broad patterns of the community's history;
         
      2. Is associated with the lives of persons significant in the community's past;
         
      3. Embodies the distinctive characteristics of a type, period, or method of construction, represent the work of a master, possess high artistic values, or represent a significant and distinguishable entity whose components may lack individual distinction; or
         
      4. Has yielded, or may be likely to yield, information important in prehistory or history (e.g. archaeological sites).
         
   4. Intensive Level Survey. All contributing historic assets to be used for establishing the Historic Area Registry which are not already listed on the National Register of Historic Places or if ineligible for such national listing, shall nonetheless be properly documented by an intensive level survey, in accordance with the Utah State Historic Preservation Office standards for intensive level surveys.

1. Nomination. The Historic Preservation Commission, with the approval of the property owner of record and a final recommendation by the City Council, may prepare, assist, or submit nominations for select historic assets to the National Register of Historic Places. Submittals shall follow all state and national nomination requirements. 
   
2. Purpose. The National Register is an official national list of structures considered worthy of preservation because they tell something important about a City’s past. Such importance can be at the state or local level, not just the national level. A National Register designation means a property has been officially recognized for its historic value and its preservation is encouraged. 
   
3. Benefits. The benefits of National Register listing include assistance and information concerning the preservation of the structure, possible grants for repairs or improvements, and eligibility for federal and state rehabilitation tax credits. 
   
4. Owner Obligation. A listing in the National Register does not interfere with a private property owner's right to alter, manage, or even demolish the listed property.
   
5. Steps for Listing. The general steps for a historic asset in obtaining a listing on the National Register are as follows:
   
   1. Researching the property and its past and current owners, this includes an intensive level survey following the State Historic Preservation Office criteria.
      
   2. Documenting the property's physical appearance with photographs and floor plan drawings and measurements. 
      
   3. Completion of the official National Registration form.
      
   4. Following a review by the Historic Preservation Commission, and approval from the property owner of record, the application shall be forwarded to the City Council for a final recommendation prior to submittal. A completed nomination shall be submitted to the State Historic Preservation office for review and submittal to the Keeper of the National Register of Historic Places.
      
6. Designation Optional. A designation of a historic asset on the National Register is not required for listing on the City’s Significant Historic Sites List or the Historic Area Register. However, it is strongly encouraged that any historic asset listed on the City’s local registers, also make application to be on the National Register to take advantage of federal and state programs to assist with the continued preservation of such asset. 
   
7. Designation Required. A designation of a historic asset on the National Register is required for listing on the City’s Historic Landmark Register.

1. Contents. Upon City Council approval of an historic asset to the Historic Landmark Register or the Historic Area Register, a designation certificate shall be prepared and recorded with the City Recorder and placed in the associated files maintained by the Historic Preservation Commission. The designation certificate shall contain the following:
   
   1. The historic name of the property or district.
      
   2. The date of recommendation made by the Historic Preservation Commission and the date of official designation by the City Council. 
      
   3. A summary or list of the significant applicable attribute(s) of the historic asset that were identified to support the designation.
      
   4. The signatures of Historic Preservation Commission chairperson and the Mayor. 
      
2. Owner Copy. All owners of record shall be provided a copy of the designation certificate and may obtain additional copies by written request to the Historic Preservation Commission. 
   
3. Recordation. Any owner of record for an historic asset may record the designation certificate with the Davis County Recorder's Office to further enhance the recognition of such asset.

1. By Owner. Nothing in this Chapter shall be construed to prevent any owner of record from removing his or her historic asset from the Historic Landmark Register or the Historic Area Register, as the owner deems appropriate. Such request for removal shall be made in writing by the owner of record to the Historic Preservation Commission, and shall be forwarded to the City Council for acceptance. The Historic Preservation Commission or City Council may not withhold acceptance of any removal request, but such review and official acceptance shall be conducted by the City for informational and administrative purposes for an understanding of the request. The City shall not have any liability whatsoever for an owner's decision to remove his or her historic asset from any register.
   
2. By Non-Owner. Any historic asset, which in the opinion of the Historic Preservation Commission, no longer meets criteria for eligibility may be forwarded to the City Council for removal from either the Historic Landmark Register or the Historic Area Register. Any such removal initiated by a person other than the owner of record shall be made with findings in accordance with the designation procedures and criteria set forth herein.
   
3. Notice. When a historic asset has been removed from the Historic Landmark Register or the Historic Area Register, the Historic Preservation Commission shall promptly notify the owner of record in writing of the removal and shall file notice of the removal with the City Recorder and/or the Davis County Recorder's Office, as applicable.
   
4. Placement on the Significant Historic Sites List. Any home removed from the Historic Landmark Register or the Historic Area Register, by owner or non-owner, may still qualify for placement on the Significant Historic Sites List by meeting the criteria found in CZC 12.61.040.

1. Alterations or Modifications. In order to ensure the preservation of historic materials and features of Historic Landmark Register assets to the greatest extent possible, all proposed repairs, alterations or additions involving the exterior structure and/or facade of such assets shall be subject to review by the Historic Preservation Commission, in accordance with the provisions set forth in this Section. Any property owner desiring to keep their asset on the Historic Landmark Register shall comply with the following provisions of this Section.
   
2. Building Permit Request. An application for a building or related permit pertaining to an asset listed on the Historic Landmark Register shall be forwarded by the Zoning Administrator to the Historic Preservation Commission prior to issuance. The Historic Preservation Commission shall promptly review the application and proposed work for compliance with the standards set forth in this Section. 
   
3. Appropriateness of Work. The Historic Preservation Commission shall determine the appropriateness of the work in keeping with the preservation of historic integrity of the asset and shall prepare findings for approval or denial, as follows: 
   
   1. Appropriate. If the Historic Preservation Commission deems the proposed work appropriate, it shall notify both the owner of record and the Zoning Administrator in writing of its determination of the a appropriateness of the work and any conditions for compliance related to the alteration or modification. 
      1. If the Historic Preservation Commission deems the alterations and modifications to the structure appropriate, those properties on the Historic Landmark Register (not otherwise located in the Centerville Deuel Creek Historic District) shall be eligible for the same incentives set forth in CZC 12.49.100.
   2. Not Appropriate. If the Historic Preservation Commission deems the proposed work inappropriate, it shall forward notice, to the owner of record and the Zoning Administrator, of such determination together with recommendations as to how the work may be accomplished to comply with historic preservation standards. 
      
      1. If the Historic Preservation Commission does not approve the proposed work as "appropriate," the owner is encouraged to work with the Historic Preservation Commission to determine the most appropriate means of altering or modification to the property in order to maintain the historic integrity of the property. 
         
      2. If the owner chooses not comply with the recommendations of the Historic Preservation Commission, the issuance of the building or associated permit shall be delayed up to 30 days for the documentation of existing conditions of the historic asset. After the necessary documentation time, the permit shall be issued as requested and the asset may be subject to the removal of its designation to the Historic Landmark Register.
         
4. Record Keeping. Any building permit or associated plans issued for an asset listed on the Historic Landmark Register shall be maintained by the office of the Zoning Administrator to assist in preserving and documenting the alterations or modifications made to historic assets listed on the Historic Landmark Register.
   
5. Approval Standards. Any alteration or modification of any historic asset designated on the Historic Landmark Register shall be reviewed for appropriateness in keeping with the preservation of historic integrity of the asset. The following standards shall be used by the Historic Preservation Commission and/or City Council when determining the historic appropriateness of any application pertaining to the Historic Landmark Register:
   
   1. Use. The asset shall be primarily used for its intended historic purpose or be placed in a compatible new use that requires minimal change to the defining characteristics of the building and its site and/or environment.
      
   2. Character. The historic character of the asset shall be retained and preserved to the greatest extent possible. The removal of historic materials or alteration of features and spaces that characterize the asset shall be avoided.
      
   3. Developments. Each asset shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other dissimilar buildings shall not be undertaken.
      
   4. Changes. Most assets change over time; changes that have acquired historic significance in their own right shall be retained and preserved.
      
   5. Distinctive Items. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize the historic asset shall be preserved.
      
   6. Deterioration. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence that such feature was previously present.
      
   7. Cleaning. Chemical or physical treatments, such as sandblasting, that cause damage to historic material shall not be used. The surface cleaning of structures or materials, if appropriate, shall be undertaken using the gentlest means possible.
      
   8. Resources. Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
      
   9. Materials. New additions, exterior alterations, modifications, or related new construction shall not destroy historic materials that characterize the asset. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the asset and its environment.
      
   10. Historic Integrity. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic asset and its environment would be substantially unimpaired.
       
   11. Additional Guidelines. Additional guidelines may be used as set forth in "The Secretary of the Interior's Standards for Rehabilitating Historic Buildings."

1. Delay of Permit. If a historic asset on the Historic Landmark Register is to be demolished or substantially altered, efforts shall be made by the City to document its physical appearance before that action takes place. Specifically, the City may delay issuing a building permit for demolition or non-approved alterations/modifications for a maximum of 60 working days in order to provide the Historic Preservation Commission time to document the site.
   
2. Documentation. Upon receipt of an application for demolition or non-approved alterations/modifications of assets listed on the Historic Landmark Register, the Zoning Administrator shall notify the Historic Preservation Commission that such application has been made. The Historic Preservation Commission shall thereafter have 60 working days to document the historic asset. Documentation may include, at a minimum, exterior photographs of all elevations of the historic asset, and exterior and interior measurements of the asset in order to provide an accurate floor-plan drawing of a building. All documentation shall be kept in the City's preservation files.
   
3. Information. The Historic Preservation Commission may contact the owner of record of a historic asset in order to inform the owner of the significance of the historic asset to the City and the potential loss it may have if demolished or substantially altered.

1. Considerations. Historic assets designated to the Historic Landmark Register may receive special consideration in the granting of special exceptions or conditional use permits in order to encourage their preservation as deemed appropriate by the City. Any such special exception or conditional use permit granted hereunder shall be subject to continued designation of the asset on the Historic Landmark Register. If the property is removed from such designation, the special exception and/or associated permit may be revoked and/or the property deemed nonconforming to the extent of the special consideration given to the property.
   
2. Construction Codes. In the event of rehabilitation for a historic asset, the building official shall consider the waiving certain code requirements, as provided in the Construction Codes adopted by the City.
   
3. Assistance. An owner of historic asset designated on the Historic Landmark Register may seek assistance from the Historic Preservation Commission or City in applying for grants or tax credits for rehabilitating the property.
   
4. Signs. All signs used in connection with a special exception or associated permit shall conform to the general character of the historic asset and shall be subject to the provisions of CZC 12.54 (Signs).

The Historic Preservation Commission is hereby charged with creating and/or recommending to the City efforts to identify, preserve, protect, and enhance the City’s historic assets, such as but not limited to the following:

1. Seeking grants;
   
2. Supporting nominations to the National Register of Historic Places;
   
3. Commemoration plaques;
   
4. Holding or attending educational events and programs;
   
5. Historic preservation socials;
   
6. Conducting historic walking/home tours;
   
7. Rehabilitation scholarships; and
   
8. Supporting General Plan and Zoning Code amendments that relate to historic preservation and the preservation of Centerville’s past.

Any person adversely affected by a final decision of the Historic Preservation Commission, City Council, or other official enforcing the provisions of this Chapter may appeal such decision to the Board of Adjustment as provided in CZC 12.21.200.