For the purpose of this chapter the term preservation shall refer to the act or process of applying measures necessary to sustain the existing form, integrity, and materials of an historic property.

This chapter is enacted to establish a historic site register and to provide a sustainable means by which a property owner may maintain a historic site designated by the city council. Provisions within this chapter intend to preserve sites, structures, landmarks or buildings with special historical, architectural or aesthetic value which are unique and irreplaceable assets. To accomplish this purpose, planning commission may approve conditional permits for additional land uses approval is required and all modifications to historical sites. (Ord. 2012-15, 9-20-2012; amd. Ord. 2024-21, 11-21-2024)

   A.   Existing Sites: Each of the following structures and sites in the city is designated a historic site and are subject to the provisions and standards of this chapter:

      1.   David Branson Brinton home, 1981 East Murray-Holladay Road, Holladay.

      2.   Santa Anna Casto home, 2731 Casto Lane, Holladay (relocated to City Hall Park, 2009).

      3.   William J. Bowthorpe home, 4910 Holladay Boulevard, Holladay.

      4.   George Boyes home, 4766 Holladay Boulevard, Holladay.

   5.   David McDonald home, 4659 Highland Drive, Holladay.

   6.   Dinwoodey Home, 2052 E Arbor Lane.

   B.   Amendments: The city council may amend the above list of historic sites and structures, including removing or designating of additional historic sites, subject to the amendment procedures in section 13.07.050 of this code. (Ord. 2012-15, 9-20-2012; amd. Ord. 2024-21, 11-21-2024; Ord. 2025-19, 10-2-2025)

   A.   Modifications: A conditional use permit is required for any modifications to a historic site or structure, including modifications to the landscaping, fencing or appearance of any lot, construction, alteration, relocation, improvement or conversion of a historic site.

   B.   Demolitions: A site listed on the Historic Site Register proposed to be demolished or extensively altered is subject to the following:

      1.   Upon verification of a complete permit, the city will delay issuing the modification permit for a maximum of thirty (30) days to document the property. The property owner shall work with the city staff in the collaboration with other entities, where needed, in providing access to the site for documentation process.

      2.   Documentation shall include, at minimum, exterior photographs of all elevations of the structure. When possible, both exterior and interior measurements of the structure will be made in order to provide an accurate floor-plan drawing of the structure.

      3.   The demolition permit will be issued after thirty (30) days of the initial application whether or not the city has completed documenting the building. The permit may be issued earlier if documentation is completed before the thirty (30) day deadline.

      4.   The documentation will be kept on file with the Community and Economic Development Department, which shall be open to the public.

   C.   Application: Applications for a conditional use permit on a historic site shall be made by the property owner in the manner and subject to the procedures and requirements set forth in section 13.08.040 of this title. To the extent that the requirements of this chapter and section 13.08.040 of this title are inconsistent, the requirements of this chapter shall prevail. (Ord. 2012-15, 9-20-2012; amd. Ord. 2024-21, 11-21-2024)

The planning commission shall not approve a conditional use for a historic site which would be contrary to the purposes of this chapter by adversely affecting the architectural significance, the historical appearance, or the educational and historical value of the site unless all the following conditions have been met:

   A.   Conditional Use Permit Requirements: The application meets the requirements for a conditional use permit set forth in section 13.08.040 of this title;

   B.   Zone Requirements: The application meets all the requirements of the base zone in which the property is located;

   C.   Length Of Term Before Planning Commission: The application has been pending before the planning commission for a period of at least one year. (Ord. 2012-15, 9-20-2012)

   A.   Maintenance Required: In addition to the requirements of the applicable building code, the owner of any historic site shall maintain and repair the historic site in accordance with this section. A historic site shall not be destroyed by neglect of any structure that has or is incurring permanent damage, by weather, or by vandalism.

   B.   Extent Of Maintenance: The owner shall maintain and repair the historic site to the extent that in the opinion of the city is sufficient to prevent damage to the structural components or the exterior of the structure, or to prevent the collapse of the structure, or to prevent the structure from becoming so deteriorated as to render impossible its repair and preservation.

   C.   Investigation: The city can investigate the condition of any historic site. Upon finding that the historic site is dilapidated or deteriorating, the city shall notify the property owner by certified letter of the failure of meeting city codes and standards. The city shall identify specific repairs and any work necessary to comply with the conditions and requirements approved by the city. The owner shall have one hundred twenty (120) days from written notification to complete necessary repairs and improvements that were approved by the city. All effort to work with the property owner will be expended before written notification is mailed to the property owner. Failure to complete the necessary repairs and work within one hundred twenty (120) days shall constitute a violation of this chapter. (Ord. 2012-15, 9-20-2012)

Upon application by the property owner and according to the procedures and requirements set forth in section 13.08.040 of this title, the planning commission may modify all yard, parking, landscaping, height and other requirements of the zone in which the historic site is located, as necessary to fulfill the purposes of this chapter. In so doing, the nature and character of adjacent properties shall be considered to ensure that the health, safety, convenience and general welfare will not be impaired. The planning commission may establish development criteria to control impacts associated with the heaviest permitted use in the base zone, including, but not limited to, noise, Dark Sky compliant lighting, dust or odor. (Ord. 2012-15, 9-20-2012; amd. Ord. 2024-21, 11-21-2024)

   A.   Residential And Forestry Zones: The planning commission may approve any of the following uses for a historic site in addition to the permitted and conditional uses allowed in the forestry or residential zone in which the site is located:

      Antique shop.

      Art shop.

      Boarding house.

      Child nursery.

      Dental office or clinic.

      Dwelling, single-, two-, three-, four- or multiple-family (in addition to a maximum of sixteen (16) units per acre).

      Nursing home.

      Office.

      Private educational institution.

      Reception centers.

      Restaurant.

      Other uses of similar intensity to the above.

   B.   Commercial Zone: The planning commission may approve any use listed in a commercial zone of this title for a historic site located in a commercial zone including residential dwellings, ancillary to the primary commercial use. (Ord. 2012-15, 9-20-2012; amd. Ord. 2024-21, 11-21-2024)

For purposes of this chapter, "modification" means demolition or construction where a demolition or building permit is required. "Modification" also includes substantial changes to landscape, fencing or appearance of a historic site. "Modification" does not include minor changes to landscape, fencing or appearance of a historic site such as painting the historic site substantially the same color, changes to flowerbeds or trimming. (Ord. 2012-15, 9-20-2012)

This chapter does not guarantee the right of any person, firm or corporation to any provision of this chapter. (Ord. 2012-15, 9-20-2012)