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South Jordan City Zoning Code

CHAPTER 17

124 HISTORIC SITE AND LANDMARK PRESERVATION

17.124.010: PURPOSE

The city recognizes that the historical heritage of the community is among its most valued and important assets. It is the intent of the city to identify, preserve, protect and enhance historic buildings, sites, monuments, streetscapes and landmarks within the city deemed architecturally or historically significant. By protecting such historically significant sites and structures, they will be preserved for the use, observation, education, pleasure and general welfare of the present and future residents of the city.

HISTORY
Amended by Ord. 2007-02 on 1/16/2007

17.124.020: COMMITTEE MAKEUP AND PRESERVATION OF HISTORIC RESOURCES (RESERVED)

HISTORY
Repealed by Ord. 2016-13 on 4/19/2016

17.124.030: HISTORIC SITES LIST

  1. Created: There is created a South Jordan historic sites list, which list shall serve as a means of providing recognition to and encouraging the preservation of historic properties in the city. The historic sites list shall be prepared by the historic preservation committee and approved by the city council. Thereafter, the list shall be maintained by the historic preservation committee and all additions to or deletions from the list shall be approved by the city council with advice and assistance from the historic preservation committee. The list shall be filed with the city recorder's office.
  2. Contents: The historic sites list shall describe as concisely as possible each building or site, the date of its construction as nearly as can be determined or, if a site, the date during which its historic significance was established, the reason for including it on such list, and the name and address of the current owner as shown on the records of the county recorder.
  3. Criteria: The historic preservation committee may recommend for designation any building, structure, object or site to the historic sites list in accordance with the procedures set forth herein, and the city council may approve such designation if it is determined that the building, structure, object or site meets all the criteria outlined below:
    1. It is located within the official boundaries of the city;
    2. It is at least fifty (50) years old;
    3. It meets either of the following two (2) criteria:
      1. 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 (except adobe) with nonhistoric materials, moving the resource from its original location to one that is dissimilar to the original, or additions which significantly detract from or obscure the original form and appearance of the house when viewed from the public way; or
      2. It is directly associated with events of historic significance within the community, it is closely associated with the lives of persons who were of historic significance in the community, or it exhibits significant methods of construction or materials that were used within the historic period;
    4. It has been documented according to the state historic preservation office standards for intensive level surveys. Copies of such documentation must have been placed in the local and state historic preservation files.
  4. Designation Procedures: Any person, group or governmental agency may nominate a property for listing on the South Jordan historic sites list. The nomination and listing procedures are as follows:
    1. Completed intensive level survey documentation for each nominated property must be submitted in duplicate to the historic preservation committee;
    2. The committee will review and consider properly submitted nominations at its next scheduled meeting. The committee will notify the nominating party, either orally or in writing, one week prior to that meeting that the nomination will be considered and will place that item on the agenda posted for the meeting. The one week notification may be waived at the nominating party's option in order to accommodate "last minute" submittals, though no nomination will be reviewed if it is submitted to the committee less than forty eight (48) hours prior to the committee's next scheduled meeting;
    3. The historic preservation committee will review the documentation completeness, accuracy and compliance with the criteria for designating historic properties to the South Jordan historic sites list;
    4. If the committee determines that the property meets the applicable requirements, the committee shall submit a recommendation to the city council that the property be added to the historic sites list. If the committee determines that the property does not meet the applicable requirements, the committee shall recommend to the city council that the property not be added to the historic sites list;
    5. Upon receipt of a recommendation from the historic preservation committee, the city council shall schedule a hearing on the matter within thirty (30) days of receipt of the committee's recommendation. The council shall notify the nominating party, either orally or in writing, at least one week prior to the meeting that the nomination will be considered and shall place the item on the agenda posted for the meeting. At the meeting, the council shall consider the recommendation from the historic preservation committee and any other appropriate information from interested parties, and shall render a decision within seven (7) days of the meeting on the nomination;
    6. If an application for a demolition permit is submitted for an existing structure which is at least fifty (50) years old but which has not been nominated for or received designation as a historic structure under the provisions of this chapter, the city manager or his designee shall delay issuance of the demolition permit for up to thirty (30) calendar days. City staff will notify the historic preservation committee, which may make an assessment of the historical integrity and significance of the structure and its property within the context of city history. If the committee determines that the structure is historically significant, they may meet with the property owner and discuss possible preservation alternatives. If preservation is not possible, the historic preservation committee may, with the consent of the building's owner, document the structure by taking photographs and measurements of the building to create accurate measured drawings and to preserve a record of the building. The city manager or his/her designee shall issue the demolition permit when notified in writing by the committee that either the building is not historically significant or that documentation has been completed, but not later than thirty (30) days from the date of application.
  5. Results Of Designation:
    1. Certificate: Owners of officially designated historic sites may obtain a historic site certificate from the historic preservation committee. The certificate contains the historic name of the property, the date of designation, and signatures of the mayor and the historic preservation committee chairperson.
    2. Demolition: If a historic site is to be demolished or extensively altered, efforts will be made to document its physical appearance before that action takes place.
      1. The city may delay issuing a demolition permit for a maximum of ten (10) days and will notify a member of the historic preservation committee, which will take responsibility for the documentation;
      2. 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;
      3. The demolition permit will be issued after ten (10) days of the initial application whether or not the committee has documented the building. The permit may be issued earlier if the committee completes its documentation before the ten (10) day deadline;
      4. The documentation will be kept in the committee's historic sites files, which are open to the public in accordance with the city government records access and management ordinance.
  6. Removal Of Properties: Properties which, in the opinion of the historic preservation committee, no longer meet the criteria for eligibility may be removed from the historic sites list after review and consideration by the historic preservation committee, and upon approval of the city council.
HISTORY
Amended by Ord. 2007-02 on 1/16/2007

17.124.040: HISTORIC LANDMARK REGISTER

  1. Created: There is created a South Jordan historic landmark register, which register shall provide further recognition of significant historic sites as an incentive for their preservation. The historic landmark register shall be prepared by the historic preservation committee and approved by the city council. Thereafter, the register shall be maintained by the historic preservation committee and all additions to or deletions from the register shall be approved by the city council in accordance with the provisions set forth herein and with advice and assistance from the historic preservation committee. The register shall be filed with the city and county recorder's office.
  2. Contents: The historic landmark register shall describe as concisely as possible each building or site, the date of its construction as nearly as can be determined, or if a site, the date during which its historic significance was established, the qualifications for including it on the register, and the name and address of the current owner of the property as shown on the records of the county recorder.
  3. Criteria: Any building, structure, object or site may be designated to the historic landmark register in accordance with the procedures set forth herein if it meets all the criteria outlined below:
    1. It is located within the official boundaries of the city.
    2. It is currently listed in the National Register of Historic Places, or it has been officially determined eligible for listing in the National Register of Historic Places under the provisions of 36 CFR 60.6(s). Properties not listed on or determined eligible for the national register must, in addition to retaining their integrity, meet at least one of the following national register criteria:
      1. Be associated with events that have made a significant contribution to the broad patterns of the community's history; or
      2. Be associated with the lives of persons significant in the community's past; or
      3. Embody 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. Have yielded, or may be likely to yield, information important in prehistory or history (e.g., archeological sites).
    3. The owner of the property approves the action to designate his or her property to the South Jordan historic landmark register and has submitted to the city a written statement to that effect.
  4. Designation:
    1. Official designation proceedings must begin with the submittal of a written request for designation by the property owner to the committee chairperson. The letter must identify the property by its address and historic name, give the date the property was listed in the national register or officially determined eligible, and include a statement verifying that the property owner is indeed the owner of legal record of the property proposed for designation. This official request may be preceded by informal contacts with the property owner by committee members, private citizens, local officials, or others regarding designation of the property.
    2. Upon receipt of a written request for designation, the historic preservation committee chairperson shall arrange for the nomination to be considered at the next preservation committee meeting, which shall be held at a time not to exceed thirty (30) days from the date the request was received.
    3. The recommendation to the city council by the historic preservation committee shall be based on the eligibility of the property in terms of meeting the criteria for designating properties to the historic landmark register. The committee shall forward its recommendation in writing to the city council within fourteen (14) days.
    4. The city council may, by approval and passage of an appropriate resolution, designate properties to the historic landmark register. Following designation, a notice of such shall be mailed to the owners of record, together with a copy of this chapter.
    5. After a property has been formally designated to the South Jordan historic landmark register, the designation may be amended or rescinded in the same manner as the original designation was made.
    6. Upon official designation, the historic preservation committee shall record the designation with the county recorder's office to indicate such designation on the official title of the designated property.
  5. Result Of Designation:
    1. Properties designated to the South Jordan historic landmark register may receive special consideration in the granting of conditional use permits in order to encourage their preservation.
    2. Owners of historic landmarks may seek assistance from the historic preservation committee in applying for grants or tax credits for rehabilitating their properties.
    3. Proposed repairs, alterations or additions to historic landmarks are subject to the review of the historic preservation committee and the subsequent review and approval of the city council. The purpose of this review is to ensure the preservation of historic materials and features to the greatest degree possible:
      1. Applications for permits pertaining to historic landmark properties shall be forwarded by the building inspector to the historic preservation committee prior to their issuance;
      2. At its next scheduled meeting, the historic preservation committee shall review the applications and proposed work for compliance with the secretary of the interior's standards for rehabilitation, hereinafter referred to as the "standards" set forth in section 17.124.050 of this chapter;
      3. The historic preservation committee's recommendation shall be forwarded within three (3) days to the city council for their consideration in reviewing the applications. The recommendations must indicate which of the standards the committee's decision was based on and, where appropriate, a brief explanation. Copies of the recommendation shall be sent to the building inspector and the property owner at the same time;
      4. The city council shall schedule the matter for its next meeting and, upon review of the historic preservation committee's recommendations and other comments given at the meeting, make a decision regarding the appropriateness of the proposed action. Approved projects will be issued a "certificate of historical appropriateness" which authorizes the building permit to be issued.
  6. Enforcement: Failure to follow standards as required by the city council may result in the removal of the property from the South Jordan historic landmark register and the National Register of Historic Places, thus jeopardizing federal tax credits, grants and conditional approvals.
HISTORY
Amended by Ord. 2007-02 on 1/16/2007

17.124.050: STANDARDS FOR REHABILITATION

The following standards for rehabilitation shall be used by the historic preservation committee and the city council when determining the historic appropriateness of any application pertaining to historic landmark properties:

  1. Every reasonable effort shall be made to provide a compatible purpose 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 feature should be avoided when possible.
  3. All buildings, structures and sites shall be recognized as products of their own time. Alterations that 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 historic significance in their own right, and shall be recognized and respected.
  5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.
  6. Deteriorated architectural features shall be repaired rather than replaced wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repairs or replacement of missing architectural features should 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. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.
  8. Every 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. Whenever possible, new additions or alterations to structures shall 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.
HISTORY
Amended by Ord. 2007-02 on 1/16/2007

17.124.060: ENFORCEMENT OF STATE HISTORIC PRESERVATION LAWS

The city council shall support the enforcement of all state laws relating to historic preservation. These include, but are not limited to: Utah Code Annotated sections 17A-3-1301 through 1306, "the historic district act"; Utah Code Annotated sections 9-8-305, 307 and 308 regarding the protection of Utah antiquities; and Utah Code Annotated 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 by the state and included on or eligible for the state or national registers. The city council and/or the historic preservation committee may elect to review any proposed construction activity affecting or potentially affecting historic preservation.

HISTORY
Amended by Ord. 2007-02 on 1/16/2007

2007-02

2016-13