A.   The city recognizes that the historical heritage of the community is among its most valued and important assets. It is therefore the purpose and intent of the city to identify, preserve, protect and enhance historic and prehistoric areas, buildings, structures, sites, objects, and districts lying within the jurisdictional limits of the city.

   B.   The requirements are intended to:

      1.   Preserve historic and prehistoric areas and buildings and related structures of historic and architectural significance; and

      2.   Allow improvements to existing and related structures or new construction to be conducted without destroying or damaging the historic character of said district or neighborhood. (Ord. 2008-08, 5-21-2008)

The LaVerkin City historic preservation commission is hereby established by the city with the following provisions:

   A.   Definition: "Commission", as used in this chapter, shall mean the LaVerkin City historic preservation commission (or historic preservation commission).

   B.   Composition:

      1.   The commission shall consist of a minimum of five (5) members, who reside within the jurisdictional boundaries of the city and who have a demonstrated interest, competence, or knowledge in or of historic preservation. They are to be appointed by the mayor, with the consent of the city council, for terms of not less than two (2) years nor more than four (4) years.

      2.   To the extent available in the community, two (2) commission members shall be professionals, as defined by national park service regulations, from the disciplines of history, archaeology, planning, architecture or architectural history.

   C.   Meetings: The commission shall meet at least twice each year and shall conduct business in accordance with the open public meeting laws of the state of Utah. This includes public notification of the meeting place, time and agenda items.

   D.   Officers: The members of the commission shall select, by majority vote and from among the commission members, a chairperson, vice chairperson, and secretary.

   E.   Minutes: Written minutes of each commission meeting shall be prepared and made available for public inspection. (Ord. 2008-08, 5-21-2008)

The commission shall have the following duties:

   A.   Survey And Inventory Community Historic Resources:

      1.   The commission shall conduct or cause to be conducted a survey of the historic, architectural, and archaeological resources within the community.

      2.   The survey shall be compatible with the Utah Inventory of Historic and Archaeological Sites. Survey and inventory documents shall be maintained and shall be open to the public.

      3.   The survey shall be updated at least every ten (10) years.

   B.   Review Proposed Nominations To The National Register Of Historic Places:

      1.   The commission shall review and comment to the state historic preservation officer on all proposed national register nominations for properties within the boundaries of the city.

      2.   When the historic preservation commission considers a national register nomination which is normally evaluated by professionals in a specific discipline and that discipline is not represented on the commission, the commission shall seek expertise in that area before rendering its decision.

   C.   Provide Advice And Information:

      1.   The commission shall act in an advisory role to the mayor, city council, and other officials and departments of the city regarding the identification and protection of local historic, prehistoric, and archaeological resources.

      2.   The commission shall work towards and facilitate the continuing education of citizens regarding historic preservation and community history.

   D.   Oversee And Assist In Maintenance And Rehabilitation: Oversee/assist in the maintenance and rehabilitation of city owned historic buildings and sites.

   E.   Establish One Or More Districts:

      1.   The commission shall identify an area or areas containing significant historic buildings or structures to be known as the (or a) historic district, which district or districts shall be established by the city council by ordinance as an overlay zone to the existing zone.

      2.   The commission shall:

         a.   Propose for adoption, by the city council, rules and/or regulations:

            (1)   Pertaining to new construction within a historic district; and

            (2)   Pertaining to alterations, repairs or demolition of existing buildings within such district which are deemed to be of significant historical value.

         b.   Assist in the enforcement of said rules and regulations.

   F.   Apply For And Administer Grants: Apply for and administer grants and other financial aid for historic preservation projects in the city.

   G.   Enforce State Historic Preservation Laws: The commission shall support the enforcement of all state laws relating to historic preservation. These include, but are not limited to, Utah Code Annotated (1953, as amended) sections 9-8-305, 9-8-307, and 9-8-308 (regarding the protection of Utah antiquities); section 9-8-404 (regarding notification of the state historic preservation office of any known proposed action which will destroy or affect a site, building or object owned by the state of Utah and included on or eligible for the state or national registers); and section 10-8-85.9 (regarding the preservation of historical areas and sites). (Ord. 2008-08, 5-21-2008)

   A.   Designation Of Historic Properties: The commission may designate historic properties to the Historic Sites List as a means of providing recognition to, and encouraging the preservation of, historic properties in the community.

   B.   Criteria For Designating Properties To The City Historic Sites List: Any district, building, structure, object or site may be designated to the Historic Sites List if it meets all the criteria outlined below:

      1.   Location: It is located within the official boundaries of the city.

      2.   Age: It is at least fifty (50) years old.

      3.   Historic Integrity:

         a.   It retains its historic integrity, in that there are no major alterations or additions that have obscured or destroyed the significant historic features. 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 the exterior walls with nonhistoric materials, moving the resource from its original location to one that is dissimilar to the original, and additions which significantly detract from or obscure the original form and appearance of the resource when viewed from the public way.

         b.   If the property does not meet the integrity requirements outlined in subsection B3a of this section, it may still qualify for designation if it meets one of the following requirements for exceptional significance:

            (1)   It is directly associated with events of historic significance in the community.

            (2)   It is closely associated with the lives of persons who were of historic importance to the community.

            (3)   It exhibits significant methods of construction or materials that were used within the historic period.

      4.   Documentation: It has been documented according to the Utah state historic preservation office standards for intensive level surveys (June 1993 version or subsequent revisions); and copies of that documentation have been placed in the local and state historic preservation files.

   C.   Designation Procedures: Any person, group, or government agency may nominate a property for listing in the city Historic Sites List. The nomination and listing procedures are as follows:

      1.   Completed intensive level survey documentation for each nominated property must be submitted to the commission.

      2.   The commission will review and consider properly submitted nominations at its next scheduled meeting. The commission will notify the nominating party, either orally or in writing, one week prior to the meeting that the nomination will be considered, and will place that item on the agenda posted for said meeting. The one week notification may be waived at the nominating party's option in order to accommodate "last minute" submittals.

      3.   The commission will review the documentation for completeness, accuracy and compliance with subsection B, "Criteria For Designating Properties To The City Historic Sites List", of this section and will make its decision accordingly.

   D.   Results Of Designation To The Historic Sites List:

      1.   Owners of officially designated historic sites may obtain a historic site certificate from the commission. The historic site certificate contains the historic name of the property, the date of designation, and signatures of the mayor and the commission chairperson.

      2.   If a historic site is to be demolished or extensively altered, efforts will be made to document its physical appearance before such action takes place.

         a.   The city will delay issuing a demolition permit for a maximum of thirty (30) days and will notify a member of the commission, who will take responsibility for the documentation.

         b.   Documentation will include, at a minimum, exterior photographs (both black and white and color slides) of all elevations of the historic building. When possible, both exterior and interior measurements of the building will be made in order to provide an accurate floor plan drawing of the building.

         c.   The demolition permit will be issued after thirty (30) days of the initial application, whether or not the commission has documented the building. The permit may be issued earlier if the commission completes its documentation before the thirty (30) day deadline.

         d.   The documentation will be kept in the commission's historic site files, which are open to the public.

   E.   Removal Of Properties From The Historic Sites List: Properties which, in the opinion of the commission, no longer meet the criteria for eligibility may be removed from the Historic Sites List after review and consideration by the commission. (Ord. 2008-08, 5-21-2008)

   A.   Purpose: Significant historic properties may be designated to the Historic Landmark Register for the purposes of recognizing their significance and providing incentives and guidelines for their preservation.

   B.   Criteria For Designating Properties To The City Historic Landmark Register: Any district, building, structure, object or site may be designated to the Historic Landmark Register if it meets the criteria outlined below:

      1.   Location: It is located within the official boundaries of the city.

      2.   National Registry:

         a.   It is currently listed in the National Register of Historic Places; and a copy of the approved national register form has been placed in the local historic preservation files.

         b.   A property not yet listed in the national register must:

            (1)   Retain its historic integrity as defined in subsection 10-5-4B3a of this chapter, and

            (2)   Meet at least one of the following national register criteria:

               (A)   Be associated with events that have made a significant contribution to the broad patterns of our history; or

               (B)   Be associated with the lives of significant persons in our past; or

               (C)   Embody the distinctive characteristics of a type, period, method of construction, or 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

               (D)   Has yielded, or may be likely to yield, information important in prehistory or history (e.g., archeological sites).

            (3)   Has been documented according to the Utah state historic preservation office standards for intensive level surveys (June 1993 version or subsequent revisions) or national register standards; and a copy of that documentation has been placed in the local historic preservation files.

      3.   Owner Approval:

         a.   Individual Properties: The owner of the property must approve the action to designate his/her property to the Historic Landmark Register by submitting to the commission a written statement to that effect.

         b.   Historic Districts: A majority (i.e., over 50 percent) of the property owners in a proposed historic district must be in favor of the designation or at least not opposed to it. Written objections from over fifty percent (50%) of the property owners will constitute lack of approval and will halt the designation process.

   C.   Designation Procedures:

      1.   Submittal to the commission of complete intensive level survey or National Register of Historic Places documentation shall initiate the review process.

      2.   The commission shall place properly submitted nominations on the agenda for its next scheduled meeting; and shall notify the nominating party and the property owner, either orally or in writing, fourteen (14) days prior to the meeting that the nomination will be considered.

         a.   The fourteen (14) day notification period may be waived at the property owner's option.

         b.   In the case of historic districts, notification of proposed nominations may be made by public notice placed in the local newspaper or posted in a public building.

      3.   The commission shall review the documentation for completeness, accuracy, and compliance with subsection B, "Criteria For Designating Properties To The City Historic Landmark Register", of this section and may, by passage of an appropriate resolution, designate properties to the Historic Landmark Register.

   D.   Notification And Recording Of Designation: Following designation by the commission, a notice of such shall be mailed to the owners of record, together with a copy of this chapter. In the case of a historic district designation, notice of such may be placed in the local newspaper or in a public building rather than mailed to each owner of property in the district. The commission shall record the Historic Landmark Register status designation with the county recorder's office.

   E.   Results Of Designation To The Historic Landmark Register:

      1.   Properties designated to the Historic Landmark Register may receive special consideration in the granting of zoning variances or conditional use permits in order to encourage their preservation.

      2.   In the event of rehabilitation of the property, local building officials will consider waiving certain code requirements in accordance with the provisions of the building related codes, as adopted by the city and identified in title 9, chapter 1 of this code, as they apply to or deal with historic buildings and structures.

      3.   Owners of historic landmarks may seek assistance from the commission in applying for grants or tax credits for rehabilitating their properties.

      4.   Proposed exterior work on historic landmarks is subject to the review and approval of the commission.

         a.   Purpose: The purpose of this review is to ensure preservation of historic properties to the greatest degree possible.

         b.   Applicability: This review applies to individually designated landmark properties or any property, contributing or noncontributing, located in a landmark designated historic district.

         c.   Exterior Work Requiring Permit: This review applies only to exterior work which requires a building permit, sign permit, or demolition permit.

            (1)   Applications for building, demolition, or sign permits pertaining to landmark properties shall be forwarded by the building inspection department to the commission prior to their issuance.

            (2)   A permit applicant ("applicant"), which includes the owner of the property, in order to obtain a permit from the building inspections department, shall file, with the commission (on a form furnished thereby), a request for a certificate of appropriateness for rehabilitation or demolition of a landmark property (hereinafter referred to as a certificate of appropriateness).

         d.   Application Review: At its next scheduled meeting, the commission shall review the application and proposed work for compliance with the "standards for rehabilitation" (hereinafter referred to as the "standards") and any design guidelines adopted by the commission and the city council.

            (1)   In Compliance: Applicants whose proposed projects comply with the provisions of this chapter shall be issued a certificate of appropriateness within ten (10) days, which certificate authorizes the issuance of the appropriate permit.

            (2)   Not In Compliance:

               (A)   Applicants whose proposed projects are not found to be in compliance with this chapter shall be offered a negotiating period of sixty (60) days, during which time the commission and the applicant shall explore all options for an acceptable solution including, but not limited to, the feasibility of modifying the plans, using the historic landmark for alternative purposes, and/or reselling the property to another party.

               (B)   The commission may extend the negotiating period an additional sixty (60) days for the purposes described above if deemed necessary to accommodate a potential solution.

               (C)   If no solution has been agreed upon at the conclusion of either the initial sixty (60) day period or the full one hundred twenty (120) day period, the certificate of appropriateness will be denied; and the building official shall not issue any permits.

         e.   Claims Of Economic Hardship: The commission may approve a certificate of appropriateness if the applicant has presented substantial evidence demonstrating that unreasonable economic hardship will result from denial of the certificate of appropriateness.

            (1)   Economic Hardship Criteria: In order to sustain a claim of unreasonable economic hardship, the commission may require the applicant to provide information as to whether the property is capable of producing a reasonable return for the applicant.

            (2)   Demonstration Of Economic Hardship: Demonstration of economic hardship by the applicant shall not be based on conditions resulting from wilful or negligent acts by the applicant, purchasing the property for substantially more than market value at the time of purchase, failure to perform normal maintenance and repairs, failure to diligently solicit and retain tenants, or failure to provide normal tenant improvements.

         f.   Appeal: An applicant who has been denied any permit by the building official, based on the commission's refusal to issue a certificate of appropriateness, may appeal that decision to the city council. The appeal must be made on or before thirty (30) days after the commission's decision.

   F.   Removal Of Properties From The Historic Landmark Register: Properties which, in the opinion of the commission, no longer meet the criteria for eligibility may be removed from the Historic Landmark Register after review and consideration by the commission.

   G.   Enforcement: The provisions of this section are subject to the enforcement provisions established in the applicable building related codes, as adopted by the city and identified in title 9, chapter 1 of this code. (Ord. 2008-08, 5-21-2008)

   A.   Determining Historic Appropriateness: The following standards and guidelines shall be used by the commission in determining the historic appropriateness of any application pertaining to historic landmark properties.

      1.   This includes individually designated landmark properties and both contributing and noncontributing properties in landmark designated historic districts.

      2.   In approving an application for a certificate of appropriateness, the commission shall find that the project substantially complies with all of the following standards and guidelines that pertain to the application and that the decision is in the best interest of the city.

   B.   Standards For Rehabilitation: These standards are based on the "Secretary Of The Interior's Standards For Rehabilitation", which serve as a national and state model for appropriate preservation treatment. The standards are as follows:

      1.   A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.

      2.   The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.

      3.   Each property 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 buildings, shall not be undertaken.

      4.   Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

      5.   Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved.

      6.   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.

      7.   Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.

      8.   Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.

      9.   New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. 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 property and its environment.

      10.   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 property and its environment would be unimpaired. (For further details see "The Secretary Of The Interior's Standards For Rehabilitation And Guidelines For Rehabilitating Historic Buildings" [1990 or more recent version].)

   C.   General Design Guidelines:

      1.   Landmark Buildings And Contributing Buildings In Landmark Designated Historic Districts:

         a.   Avoid demolition of landmark and contributing buildings. They are a finite resource and cannot be replaced.

         b.   Vacant buildings should be weather and vandal proofed in order to minimize further deterioration and the threat to public safety.

         c.   Rehabilitation work, especially on the exterior and the principal facade, should: 1) preserve existing historic features or 2) replace existing historic features only if absolutely necessary (and then only with features and materials known to have existed on the building). Avoid "dressing up" buildings by adding features based on speculation.

         d.   Avoid moving buildings whenever possible, especially to create artificial groupings of historic buildings. If buildings must be moved, the new site should be similar to the original site; and the original setback and orientation of the building on the lot should be replicated.

      2.   Additions To Landmark And Contributing Buildings And Construction Of New Buildings Within A Historic District:

         a.   Scale Of New Additions: New additions to landmark and contributing buildings should be subordinate to the original building, i.e., lower in height, attached to the rear or set back along the side, and subordinate in scale and architectural detailing.

         b.   Compatibility With Historic Buildings And Overall Streetscape: Height, width, setback, roof shape, and the overall scale and massing of new buildings should be compatible with surrounding historic buildings and the overall streetscape.

         c.   Materials On Primary Facade(s): Materials on at least the primary facade(s) should be similar to original materials on facades of surrounding historic buildings (usually brick, stucco, stone, or wood siding, depending on the specific characteristics of the district).

         d.   Architectural Details: Architectural details (including wood or metal trim, porches, cornices, arches, window and door features, etc.) should not replicate historic features on surrounding historic buildings.

         e.   Window And Door Openings: Window and door openings should be similar in size and orientation (vertical or horizontal) to openings on historic buildings, and should take up about the same percentage of the overall facade as those on surrounding historic buildings.

         f.   Proportion Of Principal Facades: The relationship of the width to the height of the principal elevations shall be in scale with surrounding structures and streetscape. Wider new buildings can be divided into segments that more closely resemble the facade widths of historic buildings.

         g.   Roof Shape: The roof shape of a building shall be visually compatible with the surrounding structures and streetscape. Unusual roof shapes, pitches, and colors are discouraged. (Ord. 2008-08, 5-21-2008)