Chapter 3.25
HISTORIC PRESERVATION COMMISSION
Sections:
3.25.020 Historic Preservation Commission provisions.
3.25.030 Duties and responsibilities.
3.25.040 Syracuse historic site list.
3.25.050 Syracuse historic landmark register.
3.25.060 Standards for rehabilitation.
3.25.010 Purpose.
The City of Syracuse recognizes that the historical heritage of the community is among its most valued and important assets, and it is, therefore, the intent of the City to identify, preserve, protect, and enhance historic areas and sites lying within the City limits. [Ord. 11-07 § 1 (Exh. A); amended 1990; Code 1971 § 3.05.010.]
3.25.020 Historic Preservation Commission provisions.
A Historic Preservation Commission is hereby established by the City with the following provisions:
(A) The Commission shall consist of a minimum of five members, with a demonstrated interest, competence, or knowledge in historic preservation, appointed by the City Council for terms of not less than two years.
(B) To the extent available in the City, two Commission members shall be professionals, as defined by National Park Service regulations, from the disciplines of history, archaeology, planning, architecture, or architectural history.
(C) The Commission shall meet at least twice each year and conduct business in accordance with the open public meeting laws of Utah. This includes public notification of the meeting place, time, and agenda items.
(D) Written minutes of each Commission meeting shall be prepared and made available for public inspection. [Ord. 11-07 § 1 (Exh. A); amended 1990; Code 1971 § 3.05.020.]
3.25.030 Duties and responsibilities.
The Historic Preservation Commission shall have the following duties:
(A) The Commission shall conduct or cause to be conducted a survey of the historic, architectural, and archaeological resources within the community. 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. The survey shall be updated at least every 10 years.
(B) Review Proposed Nominations to the National Register of Historic Places. The Historic Preservation 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. 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 providing its impact and comments.
(C) Provide Advice and Information.
(1) The Historic Preservation Commission shall act in an advisory role to other officials and departments of government regarding the identification and protection of local historic and archaeological resources.
(2) The Historic Preservation Commission shall work toward the continuing education of citizens regarding historic preservation and community history.
(D) Advise and assist in the maintenance and rehabilitation of City-owned historic buildings and sites.
(E) Apply for and administer grants and other financial aid for historic preservation projects in the City.
(F) Enforcement of 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: Section 10-9a-503, Utah Code Annotated 1953, Part 3 of Chapter 9-8, Utah Code Annotated 1953 regarding the protection of Utah antiquities; and Part 5 of Chapter 9-8, Utah Code Annotated 1953 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. [Ord. 21-30 § 1 (Exh. A); Ord. 11-07 § 1 (Exh. A); amended 1990; Code 1971 § 3.05.030.]
3.25.040 Syracuse historic site list.
The Historic Preservation Commission may designate historic properties to the historic sites list as a means of providing recognition to and encouraging the preservation of historic resources in the community, in accordance with the procedure set forth below.
(A) Criteria for Designating Properties to the City Historic Sites List. Any building, structure, object, or site may be designated to the historic sites list if it meets all the criteria outlined below:
(1) It is located within the official boundaries of the City;
(2) It is at least 50 years old;
(3) 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 resource. 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, additions which significantly detract from or obscure the original form and appearance of the house when viewed from the public way;
(4) It has been documented according to the Utah State Historic Preservation Office standards for intensive level surveys (March 1987 version or subsequent revisions) and copies of that documentation have been placed in the local and state historic preservation files.
(B) 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 in duplicate to the Historic Preservation 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 the meeting. The one-week notification may be waived at the property owner’s option in order to accommodate “last-minute” submittals, though no nomination will be reviewed if it is submitted to the Commission less than 48 hours prior to the meeting.
(3) The Historic Preservation Commission will review the documentation for completeness, accuracy and compliance with the “Criteria for Designating Historic Properties to the Syracuse Historic Sites List.”
(C) Results of Designation to the Historic Sites List.
(1) Owners of officially designated historic sites may obtain a historic site certificate from the Historic Preservation Commission. The certificate contains the historic name of the property, the date of designation, and signatures of the Mayor and the Chairperson of the Historic Preservation Commission.
(2) Proposed exterior work on historic site register structures requiring a building permit, sign permit or demolition permit is subject to the Commission’s prior review in order to ensure the preservation of such structures to the greatest degree possible.
(3) 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.
(a) The City will delay issuing a demolition permit for a maximum of one week and will notify a member of the Historic Preservation Commission, which will take responsibility for the documentation.
(b) Documentation will include, at 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 one week 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 one-week deadline.
(d) The documentation will be kept in the Commission’s historic site files, which are open to the public.
(D) Removal of Properties from the Historic Sites List. Properties which, in the opinion of the Historic Preservation Commission, no longer meet the criteria for eligibility may be removed from the historic sites list after review and consideration by the Commission. [Ord. 11-07 § 1 (Exh. A); amended 1997; Code 1971 § 3.05.040.]
3.25.050 Syracuse historic landmark register.
Significant historic properties may be designated to the historic landmark register in accordance with the procedure set forth below for the purposes of recognizing their significance and providing incentives and guidelines for their preservation.
(A) Criteria for Designating Properties to the City Historic Landmark Register. Any building, structure, object, or site may be designated to the Historic Landmark Register if it meets all the criteria outlined below:
(1) It is located within the official boundaries of the City;
(2) It is at least 50 years old;
(3) 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 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:
(a) Associated with events that have made a significant contribution to the broad patterns of our history; or
(b) Associated with the lives of persons significant in our past; or
(c) Embody the distinctive characteristics of a type, period, or 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) Have yielded, or may be likely to yield, information important in prehistory or history (archaeological sites, for example); and
(4) The owner of the property approves of the action to designate his/her property to the historic landmark register and has submitted to the Commission a written statement to that effect.
(B) Designation Procedures.
(1) Official designation proceedings must begin with the submittal of a written request for designation by the property owner to the Commission 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 Commission members, private citizens, local officials, or others regarding designation of the property.
(2) Upon receipt of the written request for designation, the Commission Chairperson shall arrange for the nomination to be considered at the next Commission meeting, which shall be held at a time not to exceed 30 days from the date the request was received.
(3) The decision by the Commission shall be based on the eligibility of the property in terms of meeting the “Criteria for Designating Properties to the Syracuse Historic Landmark Register.” The Commission shall forward its recommendation in writing to the City Council within 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 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 Commission shall record the designation with the county recorder’s office to indicate such designation on the official title thereof.
(C) 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 may consider waiving certain code requirements in accordance with the International Building Code (IBC), which governs historic buildings.
(3) Owners of historic landmarks may seek assistance from the Historic Preservation Commission in applying for grants or tax credits for rehabilitating their properties.
(4) Proposed repairs, alterations, or additions to any structure on the historic landmark register are subject to review of the Historic Preservation Commission 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.
(a) Applications for permits pertaining to historic landmark properties shall be forwarded by the Building Inspector to the Historic Preservation Commission prior to their issuance.
(b) At its next scheduled meeting, the Commission shall review the application and proposed work for compliance with the Secretary of the Interior’s “Standards for Rehabilitation,” hereafter referred to as the “Standards.”
(c) The Commission’s recommendation shall be forwarded within three days to the City Council for its consideration in reviewing the applications. The recommendation must indicate which of the “Standards” the Commission’s decision was based on and, where appropriate, a brief explanation. Copies of the recommendations shall be sent to the Building Inspector and the property owner at the same time.
(d) The City Council shall schedule the matter for its next meeting and, upon review of the Historic Preservation Commission’s recommendation 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.
(5) Claims of Economic Hardship. The Commission may approve issuance of a certificate of appropriateness for rehabilitation or demolition of a landmark property if the owner has presented compelling, substantial evidence demonstrating that unreasonable economic hardship will result from denial of the certificate of appropriateness.
(a) Economic Hardship Criteria. In order to sustain a claim of unreasonable economic hardship, the Commission may require the owner to provide evidence from a qualified third party regarding whether the property is capable of producing a reasonable economic return for the owner.
(b) Demonstration of Economic Hardship. Demonstration of economic hardship by the owner shall not be based on conditions resulting from willful or negligent acts by the owner, 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.
(6) Appeal. An applicant who has been denied any permit by the City’s Community Development Department or Planning Commission, based on the Commission’s refusal to issue a certificate of historic appropriateness, may appeal that decision to the City Council at any time within 30 days after the decision.
(D) Removal of Properties from Historic Landmark Register. Properties which, in the opinion of the Commission, no longer meet the criteria for eligibility, may be removed from the City’s historic landmark register after review and consideration by the commission and affirmative vote of the City Council.
(E) Amendment to Historic Landmark Register. The City Council may amend the City’s historic landmark register from time to time, including deleting sites or adding additional sites.
(F) Enforcement. The provisions of this section are subject to the enforcement provisions established in the Syracuse City Code pertaining to noncompliance with the International Building Code as adopted by the State of Utah, and to other applicable provisions of City ordinances relating to ordinance violations. [Ord. 11-07 § 1 (Exh. A); amended 1990; Code 1971 § 3.05.050.]
3.25.060 Standards for rehabilitation.
The following standards for rehabilitation shall be used by the Historic Preservation Commission and City Council when determining the historic appropriateness of any application pertaining to historic landmark properties:
(A) 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.
(B) 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 should be avoided when possible.
(C) 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.
(D) 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.
(E) Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.
(F) 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. Repair 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.
(G) 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.
(H) Every reasonable effort shall be made to protect and preserve archaeological resources affected by or adjacent to any rehabilitation project.
(I) Contemporary design for alteration and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historic, architectural or cultural materials, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood or environment.
(J) 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. [Ord. 11-07 § 1 (Exh. A); amended 1990; Code 1971 § 3.05.060.]