Document Millcreek_doc_191583ee48

Millcreek City Hall 1330 E Chambers Ave Millcreek, Utah 84106 millcreekut.gov Planning & Zoning (801) 214-2700 [EMAIL REDACTED] ZT-24-006 Staff Memo Applicant: Millcreek Re: Amendments to the historic preservation code Prepared By: Sean Murray Scope of Decision: Discretionary. This is a legislative matter, to be decided by the Millcreek City Council upon receiving a recommendation from the Community Council(s) and the Millcreek Planning Commission. Your recommendation can be broad in scope, but should consider prior adopted policies, especially the Millcreek General Plan. REQUEST AND SYNOPSIS Millcreek is updating and amending its historic preservation code as part of the Millcreek zoning code update project. The historic preservation code was first adopted in 2021 and further amended in 2022. This update is focused on clarifying language, and formatting. Questions about amending enforcement rules have been floated as well, however, staff has not made a final decision and is awaiting input from the community councils, planning commission, and historic preservation commission. GENERAL PLAN CONSIDERATIONS CHARACTER. GOAL N-1: Preserve and enhance the physical elements that define each neighborhood’s character. Strategy 1.1: Support sustainable investment in and maintenance of established neighborhoods, including use of special districts and the strategic use of grant funding. Historic properties are a limited resource that adds placemaking to neighborhoods and the community as a whole. When these resources are lost, they cannot be replaced. Because of this, Millcreek want to incentivize and encourage investment into our historic resources. ---PAGE BREAK--- Request: Amendments to the historic preservation code ZT-24-006 Page 2 of 2 INFILL. GOAL GP-9: Support complementary infill development and land use investment in the mature and developed areas of the city. Strategy 9.1: Value and protect historic and built resources through appropriate rehabilitation and preservation. Incentivizing investment into Millcreeks historic resources is a goal set out in the general plan as well as a priority of the City Council. These code updates will help residents and staff alike understand and better administer the historic preservation code. PROPOSED ORDINANCE AMENDMENTS Attached to this staff report is a proposed draft of the historic preservation code. A summary of the proposed changes is discussed below. Most of the changes are formatting and technical. Language is not being removed from the existing code and additions to the code mainly surround enforcement policies. Enforcement rules have been moved to their own section in the code. In this section there is new language contemplating rules surrounding demolition of a historic property. Staff has discussed two separate options for enforcement when a historic property is demolished without prior approval. 1. Fees associated with demolition. 2. Clouding of the title to restrict redevelopment on the property. The balance staff is seeking is an enforcement policy that will discourage unlicensed demolition without being too burdensome. In recent years, historic properties have been torn down without seeking Certificate of Historic Appropriateness leading to a loss of cherished historic resources without proper documentation. Planning staff wants to strike a balance that is fair but severely discourages demolition without prior approval. PLANNING STAFF RECOMMENDATIONS Organizing and reformatting the historic preservation code is needed to make the code easier to understand and administer. Staff are seeking input from community councils, historic preservation commission, and planning commission on enforcement policies for non-permitted site demolitions. SUPPORTING DOCUMENTS • Current historic preservation code • Proposed historic preservation code ---PAGE BREAK--- 19.86.010 Purpose Millcreek (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 neighborhoods, 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. 21-16 on 4/26/2021 19.86.020 Definitions For the purposes of this chapter, the following terms and words and their derivations shall have the meaning as given herein. Words not included herein or in the building code shall be given their usual meaning as found in the English dictionary unless the context of the words clearly indicates a different meaning. “Certificate of historic appropriateness (COA)” means a document evidencing approval by the historic preservation commission of an application to make a material change in the appearance of a designated historic resource. “Exterior architectural features” means the architectural style, general design and general arrangement of the exterior of a building, structure or object, including but not limited to the kind of texture of the building material and the type and style of windows, doors, signs and other appurtenant architectural fixtures, details or elements relative to the foregoing. “Exterior environmental features” means all those aspects of the landscape or the development of a site which affect the historic character of the property. “Historic resource” means any building, structure, object, site or district which may be of historic importance to Millcreek and may or may not be listed on the city’s historic sites list or the historic landmarks register. “Historic preservation commission (HPC)” means the Historic Preservation Commission of Millcreek. “Important” means marked by or indicative of significant worth or consequence. “Major alteration” means a change or alteration to a building or historic resource that would destroy the historic integrity including, but 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 exterior walls (except adobe) with non-historic materials, moving the historic resource from its original location to one that is dissimilar to the original, or additions which significantly detract from or ---PAGE BREAK--- obscure the original form and appearance of the historic resource when viewed from a public right-of-way. “Material change in appearance” means a change to a building or historic resource that would affect the exterior architectural or environmental features of a historic resource, such as: 1. Reconstruction or alteration of the size, shape or facade of a historic resource, including relocation of any doors or windows or removal or alteration of any architectural features, details or elements; 2. Demolition or relocation of a historic resource; 3. Commencement of excavation for construction purposes; or 4. The erection, alteration, restoration or removal of any building or historic resource, including walls, fences, steps and pavements or other appurtenant features except exterior paint alterations. “Positioning” means the placement of a historical resource on a property or its placement relative to other structures and/or landmarks in the general vicinity. “Reconnaissance level survey” means a visual evaluation of a large portion of properties in a community for the purpose of providing a “first cut” of buildings that may, based on their age and integrity, be eligible for listing in the National Register of Historic Places. The evaluation rating of potential sites and historic resources shall be given one of the following ratings: A. Eligible/Significant: built within the historic period and retains integrity; excellent example of a style or type; unaltered or only minor alterations or additions; individually eligible for National Register of Historic Places under criterion also, buildings of known historical significance. B. Eligible: built within the historic period and retains integrity; good example of a style or type, but not as well-preserved or well-executed as buildings; more substantial alterations or additions than buildings, though overall integrity is retained; eligible for National Register of Historic Places as part of a potential historic district or primarily for historical, rather than architectural, reasons. C. Ineligible built during the historic period but has undergone major alterations or additions; no longer retains integrity. D. Out-of-period: constructed outside the historic period. “Scale” means the distinctive relative size, extent or degree of a historic resource. “Significant” means having or likely to have influence and effect. “Zoning Administrator” means the Director of Planning or designee for Millcreek. HISTORY Amended by Ord. 21-16 on 4/26/2021 ---PAGE BREAK--- 19.86.030 Historic Preservation Commission There is hereby created a commission to be known as the Millcreek Historic Preservation Commission. The historic preservation commission shall be composed of seven members. It is the intent of the Millcreek City Council that the historic preservation commission represent the interests of the community as a whole; that the membership of the historic preservation commission provides balanced representation in terms of geographic, professional, neighborhood, and community interests. All members of the historic preservation commission shall be bona fide residents of Millcreek. The commission shall provide advisory assistance to the city regarding the implementation of the provisions of this chapter. Each member of the commission shall be appointed by the mayor with the advice and consent of the city council. One member shall be chosen from each of the four council districts within Millcreek and three shall be chosen at large. To the extent available in the community, at least two members of the commission shall be professionals in fields related to historic preservation history, architectural history, archaeology, historic architecture, or planning). They shall serve for a term of four years and until his/her successor is appointed. The terms of the members shall be staggered such that the term of four members shall expire on January 31st of the year when the mayor takes office, and the terms of the other three members shall expire two years later on January 31st. New members shall be appointed as soon as possible following the expiration of term. The city council may remove any member of the historic preservation commission for cause. Vacancies shall be filled in the same manner as the original appointment for the remainder of the unexpired term. In the event that the city council are unable to find someone from one of the four city council districts to be appointed as a historic preservation commissioner, a person may be chosen from any of the other districts. The Historic Preservation Commission shall be an advisory body of, and shall report to, the City Council. HISTORY Amended by Ord. 21-16 on 4/26/2021 19.86.040 Powers And Duties Of The Historic Preservation Commission The Historic Preservation Commission shall have the following duties: A. Issue Certifications of Historical Appropriateness (COA). B. Conduct research and collect information on the history of Millcreek, including the establishment of a repository for important documents, artifacts and other items of historical significance. C. Provide a written history of Millcreek, as well as an historical program which outlines Millcreek’s history for various age groups in the community. This may ---PAGE BREAK--- include, but not be limited to, the use of written summaries of history, visual exhibits, video tapes, displays, and other media. D. Increase the awareness of Millcreek’s history through the commemoration of historical events. E. Designate entries on the National Register of Historic Sites in Utah and recommend to the State Historic Preservation Officer nominations for the National Register of Historic places, utilizing the criteria for evaluation from the National Register. F. Attend at least one informational or educational meeting each year, sponsored by the State Historic Preservation Office, pertaining to the work and functions of the Commission or to historic preservation. G. Submit an annual report of the activities of the Commission to the State Historic Preservation Office and to the City Council. H. Review all proposed National Register nominations for properties within the boundaries of the City. I. Conduct or cause to be conducted a survey of cultural resources in the City which in form and content will be compatible to the Utah inventory of historic and archaeological sites. J. Act in an advisory role to other officials and departments of the City regarding the protection of local cultural resources and shall act as a liaison on behalf of the City to individuals and organizations within the City concerned with historic preservation. K. Support the enforcement of all state and local legislation relating to historic preservation. HISTORY Amended by Ord. 21-16 on 4/26/2021 Amended by Ord. 22-36 on 7/26/2022 19.86.050 Meetings And Notification A. The Commission shall provide for adequate public participation in the historic preservation programs, including the process of recommending properties for nomination to the National Register. B. Commission meetings shall occur at regular intervals, and at least twice a year. C. Minutes of all decisions, actions of the Commission, including the reasons for making those decisions shall be kept on file and available for public inspection. D. Rules of procedure adopted by the Commission shall be available for public inspection. HISTORY Amended by Ord. 21-16 on 4/26/2021 19.86.060 Millcreek Historic Sites And Districts List A. Created. There is hereby created a Millcreek Historic Sites and Districts List (the “list”), which shall serve as a means of providing recognition to and encouraging the preservation of historic resources in the city. The list shall be prepared and ---PAGE BREAK--- maintained by the historic preservation commission and filed with the city recorder’s office. Owners of property where historic sites and districts are found shall be notified by the city recorder’s office that a site found on the owner’s property has been included on the list. B. Contents. The list shall describe each historic resource included therein, the date or approximate date of its construction, the date during which its historic significance was established, the reason for including it on the list, and the names and addresses of the current owners as shown on the records of the Salt Lake County Recorder. C. Criteria. The historic preservation commission may designate any neighborhood, building, structure, object, site or district to the list as a historic resource in accordance with the procedures set forth herein if it is determined by the historic preservation commission that the historic resource meets all of the following criteria: 1. It is located within the official boundaries of the city; 2. It is at least 50 years old; and 3. There are no major alterations or additions that have obscured or destroyed the significant historic features. D. Notification. The owners of the items under consideration for inclusion on the list shall be notified in writing either by certified mail or hand delivery of the proposed action to designate the historic resource to the list and shall be invited to attend the historic preservation commission meeting in which the designation will be discussed. Said notification shall be provided as described herein not less than 14 days prior to the date of the historic preservation commission meeting in which the designation will be discussed. E. Designation Procedures. The historic preservation commission is charged with designating properties to list, and to maintain the same. The list shall reference any research related to the historic resource and a copy of the list shall be kept in the historic preservation commission’s historic sites files. The historic sites files shall be open to the public in accordance with the Utah Governmental Records Access and Management Act. This list shall be reviewed, and historic resources shall be added or deleted as appropriate on, at minimum, a yearly basis by the historic preservation commission. The list should include historic resources located within the city that meet the minimum requirements set forth below: 1. The historic resource is rated an or on a professional reconnaissance level survey; 2. The historic resource is deemed or by the historic preservation commission (for properties outside of a surveyed area); 3. An historic resource that does not meet the or criteria established by the National Register of Historic Places may nonetheless be included if it is of exceptional importance to Millcreek’s history; or 4. Any historic resource that has undergone major alterations or has been destroyed may be identified by markers may be placed on the original site of the historic resource with city council approval; and 5. The designation under consideration is not objected to by the owner of the historic resource. ---PAGE BREAK--- F. Results of Designation. 1. Certificate. The owner of an officially designated historic resource may obtain an historic site certificate from the historic preservation commission. The certificate shall contain the historic name of the property, the date of designation, and signatures of the mayor and the historic preservation commission chairperson. 2. Demolition. If a historic resource is to be demolished or undergo major alterations, efforts shall be made by the historic preservation commission to document its physical appearance before that action takes place. a) The city shall delay issuing a demolition permit for a maximum of 10 calendar days and shall notify a member of the historic preservation commission, who will take responsibility for the documentation. b) Documentation shall include, at a minimum, exterior photographs of all elevations of the historic resource. 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) A demolition permit shall be issued after a period 10 calendar days from the initial date of permit application whether or not the historic preservation commission has documented the building. The permit may be issued earlier if the historic preservation commission has completed its documentation before the 10-day deadline. d) Documentation shall be kept in the historic preservation commission’s historic sites files, which shall be open to the public in accordance with the Utah Government Records Access and Management Act. G. Removal of Properties. If, after review and consideration by the historic preservation commission, it is determined that a historic resource no longer meets the criteria for listing, the historic preservation commission may remove the historic resource from the list. A property owner where an historic resource is found may request removal of the historic resource from the list, by submitting a request in writing to the city recorder’s office, who shall notify the historic preservation commission of the written request. The historic preservation commission shall remove an historic resource from the list within 10 calendar days following the city recorder’s receipt of a written request. The historic preservation commission shall use reasonable efforts to document the historic resource prior to its removal from the list. HISTORY Amended by Ord. 21-16 on 4/26/2021 19.86.070 Historic Sites And Districts Designated A. Existing Sites. Each of the following structures and sites in the City is a historic site: 1. Gardner Home and Mill Site, 1475 Murphy's Lane, Millcreek. 2. Edward Pugh Home, 1299 East 4500 South, Millcreek. 3. Butler House, 1045 East 4500 South, Millcreek. ---PAGE BREAK--- 4. Mill Creek Farmhouse, 1106 East 4500 South, Millcreek B. Existing Districts. Each of the following districts in the City is a historic district: 1. Evergreen Avenue Historic District as listed on the National Register of Historic places in 2007. C. Amendments. The council may amend the above list of historic sites and, structures and districts, including designating additional historic sites and neighborhoods subject to the amendment procedures in MKZ 19.90 the recommendations of the historic preservation commission. HISTORY Amended by Ord. 21-16 on 4/26/2021 19.86.080 Millcreek Historic Landmarks Register A. Created. There is hereby created a Millcreek Historic Landmarks Register (the “register”), which shall provide further recognition of significant historic resources; provide protection for historic resources as set forth in this chapter; and may qualify owners of historic resources to special assistance from the city as may be determined by the city council in its sole discretion. The register shall be prepared and maintained by the historic preservation commission in accordance with the provisions set forth in this chapter. A notice of listing shall be filed for each property listed on the register with the city and recorded in the office of the Salt Lake County Recorder. Owners of property where historic landmarks are found shall be notified by the city recorder’s office that a landmark found on the owner’s property has been included on the register. B. Contents. The register shall describe each historic resource, the date or approximate date of its construction, 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 Salt Lake County Recorder. C. Criteria. Any historic resource may be designated to the register in accordance with the procedures set forth herein if it meets all the criteria set forth below: 1. The historic resource is located within the corporate boundaries of Millcreek; 2. The historic resource is currently listed in the National Register of Historic Places (the “National Register”), or it has been officially determined eligible for listing in the National Register under the criteria of 36 C.F.R. 60.4, as amended. 3. The historic resource shall also meet at least two of the following criteria: a) It is an easily identifiable visual feature of its neighborhood or the city because of its positioning, location, age, scale or style, and it contributes to the distinctive quality or identity of its area in such a way that its absence would negatively affect the area’s sense of place; b) It figures importantly into Millcreek’s founding or development through its uses, especially public uses; ---PAGE BREAK--- c) It is associated with persons significant in the founding or development of Millcreek, especially the earliest settler families (1847 – 1900); d) It is associated with events that have made a significant contribution to the founding or development of Millcreek; e) It illustrates an important architectural form, style, or building technique, especially as an example of “local vernacular” single- and two-story rock/adobe homes; simple brick Victorians) or as a singular example of form, style, or technique within the city; f) It has been used as a way-finding landmark for at least 50 years; or g) It has yielded, or may be likely to yield, information important in prehistory or history archaeological sites). 4. If a historic resource does not meet at least two of the criteria of subsection of this section but is of exceptional importance to Millcreek’s history and the owner of the property wishes to have it designated as a historic resource on the register, the historic preservation commission may review the request and, if deemed suitably significant, may recommend to the city council that the historic resource be added to the register. D. Notification. The owner of the historic resource shall be notified in writing either by certified mail or hand delivery of proposed action to designate the historic resource to the register and shall be invited to attend the historic preservation commission meeting in which the designation will be discussed. E. Designation. 1. Official designation proceedings shall begin with submittal of a written request for designation by either the property owner or a member of the historic preservation commission. The request shall 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 summarizing the property’s significance to the city. This official request may be preceded by informal contacts with the property owner by historic preservation commission members, private citizens, local officials, or others regarding designation of the property. 2. Upon written request for designation, the historic preservation commission chairperson shall arrange for the designation to be considered at the next historic preservation commission meeting, which shall be held at a time not to exceed 30 days from the date the designation request was received. 3. A decision by the historic preservation commission shall be based on whether the property meets the criteria for designating properties to the register as set forth in subsection C of this section. The historic preservation commission shall forward its recommendation in writing to the city council within 14 days of the decision. 4. The city council may, by adoption of an appropriate resolution, designate a historic resource to the register. The owner of the historic resource shall be notified at least three days prior to the city council meeting at which the ordinance will be considered and shall be allowed to address the council ---PAGE BREAK--- with regard to the designation. Following designation, a notice of such shall be mailed to the owners of record. 5. A historic resource which, in the opinion of the historic preservation commission, no longer meets the criteria for eligibility may be removed from the register after review and recommendation by the historic preservation commission and the adoption of an appropriate ordinance by the city council. 6. Upon official adoption of a designating or removal ordinance, the historic preservation commission shall record proper notice with both the city recorder’s office and the county recorder’s office to indicate such designation or removal on the official records thereof. F. Result of Designation. 1. An owner of a historic resource listed on the register may seek assistance from the historic preservation commission in applying for grants or tax credits for rehabilitating the owner’s properties. 2. Proposed repairs, alterations, additions, relocation or demolitions to historic resources listed on the register requiring a building permit are subject to review by the historic preservation commission and shall receive a “certificate of historic appropriateness” prior to issuance of a building permit. The purpose of this review is to ensure the preservation of historic resources to the greatest extent reasonably possible. a) Any application for a building permit pertaining to a historic resource designated on the register shall be forwarded by the zoning administrator to the historic preservation commission for its determination prior to the issuance of the requested permit. b) At its next scheduled meeting, the historic preservation commission shall review the application and proposed work for compliance using the United States Secretary of the Interior’s Standards for Rehabilitation, in effect at the time of the scheduled meeting. c) The historic preservation commission’s determination shall be forwarded within three days to the zoning administrator for review. If the historic preservation commission denies or requires significant revisions to a permit application, the determination shall indicate the specific standards on which the decision of the historic preservation commission is based and, where appropriate, shall provide a brief explanation setting forth the reasons for the determination. Copies of the determination shall be forwarded by the zoning administrator to the property owner. d) The zoning administrator shall, upon receipt of the historic preservation commission’s determination, process the permit as set forth in this section. Projects which, as determined by the historic preservation commission, are consistent with the standards shall be issued a certificate of historical appropriateness which authorizes the building permit to be issued upon compliance with all other applicable requirements of this title or any other applicable ordinance. ---PAGE BREAK--- e) An applicant whose submittal does not comply with the standards may, for a period of 60 days, meet with the historic preservation commission, together with the zoning administrator, to explore means for proper repair, alteration or addition to the historical resource which are consistent with the standards, which may include the following: 1. Feasibility of modifications to the plans; 2. Feasibility of alternative uses of the historic resource; 3. Feasibility of acquiring easements and/or variances; 4. Feasibility of acquiring financial or other forms of assistance from preservation organizations. f) If no approval is granted within the initial 60 days, the historic preservation commission may grant an extension of an additional 60 days. If no approval is granted at the conclusion of 120 days, the certificate of historic appropriateness shall be denied if the standards for rehabilitation cannot be met and the requested building permit shall not be issued by the zoning administrator until the historic resource is removed from the register or list, following documentation of the historic resource described in this chapter. g) A decision by the historic preservation commission approving or denying a certificate of historic appropriateness for the relocation of a historic resource shall be guided by the following criteria: 1. How the historic character and aesthetic interest the historic resource contributes to its present setting; 2. Whether there are definite plans for the area to be vacated and what the effect of those plans on the character of the surrounding area will be; 3. Whether the historic resource can be relocated without significant damage to its physical integrity; and 4. Whether the proposed relocation area is compatible with the historical and architectural character of the historic resource. h) A decision by the historic preservation commission approving or denying a certificate of historic appropriateness for the demolition of a historic resource listed on the register shall be guided by the following criteria: 1. The historic, scenic or architectural significance of the historic resource; 2. The importance of the resource to the character of the neighborhood or city; 3. The difficulty or the impossibility of reproducing the historic resource because of its design, texture, material, detail, or unique location; 4. Whether the historic resource is one of the last remaining examples of its kind in the neighborhood or city; 5. Whether there are definite plans for use of the property if the proposed demolition is carried out, and what the effect of ---PAGE BREAK--- those plans on the character of the surrounding area would be; 6. Whether reasonable measures can be taken to save the historic resource from deterioration or collapse; and 7. Whether the historic resource is capable of being used to earn a reasonable economic return on its value. i) A certificate of historical appropriateness shall become void unless construction authorized by a building permit is commenced within 180 days after issuance of the certificate. 3. Ordinary maintenance and repair of any exterior architectural or environmental feature in or on a historic resource to correct deterioration, decay, or to sustain the existing form, and that does not involve a material change in design, material or outer appearance thereof, does not require a certificate of historic appropriateness. 4. An owner of a historic resource listed on the register shall not allow any building to deteriorate by failing to provide ordinary maintenance or repair. The historic preservation commission shall be charged with the following responsibilities regarding deterioration by neglect: a) The historic preservation commission shall monitor the condition of historic resources to determine if any historic resource is being allowed to deteriorate by neglect. Conditions such as broken windows, doors and exterior openings which allow the elements to enter or otherwise become an attractive nuisance, or the deterioration of a historic resource’s structural system shall constitute failure to provide ordinary maintenance or repair. b) In the event the historic preservation commission determines there is a failure to provide ordinary maintenance or repair, the historic preservation commission shall notify the owner of the historic resource and set forth the steps which need to be taken to remedy the situation. The owner of the historic resource shall have 30 days to make necessary repairs. c) In the event that the condition is not remedied in 30 days, the historic preservation commission may remove the historic resource from the register. This section shall not be construed as a limitation to other enforcement actions which may be undertaken by Millcreek in accordance with other statutes or ordinances. 5. When, by reason of unusual circumstance, the strict application of any provision of subsection of this section would result in exceptional practical difficulty or undue economic hardship upon any owner of a historic resource, the city council, with recommendation from the historic preservation commission, shall have the power to modify strict provisions, so as to relieve such difficulty or hardship; provided, such modifications or interpretations shall remain in harmony with the general purpose and intent of said provisions, so that the architectural or historical integrity, or character of the historic resource, shall be conserved and substantial justice done. In granting modifications, the city council, with or without recommendation ---PAGE BREAK--- from the historical preservation commission, may impose such reasonable and additional stipulations and conditions as will, in its judgment, best fulfill the purpose of this chapter. Undue hardship shall not include a situation of the person’s own making. 6. A person who alleges that action by the historic preservation commission or the city will result in an unconstitutional taking of property may request a review thereof as provided in Millcreek Municipal City Code. G. Enforcement. Failure to follow the procedure for acquiring a certificate of historical appropriateness may result in the zoning administrator issuing a stop-work order while a review is conducted. The review will determine if revocation of a conditional use permit granted for a use associated with the historic resource, revocation of building permits and/or other penalty fines are necessary as per MKZ Chapter 19.94. 1. Failure to follow the procedure set forth in this chapter for acquiring a certificate of historic appropriateness may result in removal of the historic resource from the register and the National Register, thus rendering the property ineligible for federal, state, and city tax credits, grant and loan programs. 2. In addition, if the historic resource has received land use entitlements as a result of its placement on the register, the city may consider the revocation of such entitlements and/or the acceleration of any debt issued by the city as part of a program of historic preservation/rehabilitation consistent with applicable law HISTORY Amended by Ord. 21-16 on 4/26/2021 19.86.090 Conditional Use Permit Required A. 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, or demolition, construction, alteration, relocation, improvement or conversion of a historic site. B. Applications for a conditional use permit on a historic site shall be made in the manner and subject to the procedures and requirements set forth in MKZ 19.84. To the extent that the requirements of this chapter and MKZ 19.84 are inconsistent, the requirements of this chapter shall prevail. HISTORY Amended by Ord. 21-16 on 4/26/2021 19.86.100 Noncomplying Conditional Uses 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: ---PAGE BREAK--- A. The application meets the requirements for a conditional use permit set forth in MKZ 19.84; B. The application meets all the requirements of the base zone in which the property is located; C. The application has been pending before the planning commission for a period of at least one year. HISTORY Amended by Ord. 21-16 on 4/26/2021 19.86.110 Site Modification The planning commission may modify all yard, parking, landscaping, height and other requirements of the base zone, as necessary to fulfill the purpose 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, glare, dust or odor. HISTORY Amended by Ord. 21-16 on 4/26/2021 19.86.120 Standards For Rehabilitation And Design Guidelines The following standards and guidelines shall be used by the Historic Preservation Commission in advising the Planning Commission and City council on the appropriate treatment of historic properties. A. Standards for Rehabilitation. The following standards for rehabilitation shall be used when determining the historic appropriateness of any application pertaining to a historic resource: 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 alterations 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 historical significance in their own right shall be retained and preserved. 5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic 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, ---PAGE BREAK--- 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 archaeological 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. B. General Design Guidelines. These Guidelines expand on some of the concepts articulated in the Standards for Rehabilitation in Subsection A. 1. Historic Sites, Historic Buildings, and Contributing Building in Historic Districts. a) Avoid demolition of historic and contributing buildings. They are finite resources and cannot be replaced. b) Vacant buildings should be weather- and vandal-proofed in order to minimize further deterioration and the threat of public safety. c) Rehabilitation work, especially on the exterior and the principal façade, should preserve existing historic features or replace them. If absolutely necessary, with features and materials known to have existed on the building. Avoid “dressing up” buildings by adding features on speculation. d) Avoid moving buildings whenever possible, especially to create artificial groupings of historic buildings. If buildings must be removed, 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. C. Additions to Historic Buildings and New Construction Within an Historic District. 1. New additions to historic buildings should be subordinate to the original building, that is, lower in height, attached to the rear or set back along the side, and subordinate in scale and architectural detailing. 2. Height, width, setback, roof shape, and the overall scale and massing of new buildings within a historic district should be compatible with surrounding historic buildings and the overall streetscape. 3. Materials on at least the primary façade(s) should be similar to the original materials on facades of surrounding historic buildings (usually brick, stucco, stone, or wood siding, depending on the specific characteristics of the district). ---PAGE BREAK--- 4. Architectural details (including wood or metal trim, porches, cornices, arches, window and door features, etc.) should be compatible with but not replicable historic features on surrounding historic buildings. 5. 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 façade as those on surrounding historic buildings. 6. Proportion to Principal Facades. The relationship of the width to the height of the principal buildings shall be in scale with surrounding structures and streetscape. Wider new buildings can be divided into segments that more closely resemble the façade widths of historic buildings. 7. Roof Shape. The roof shape of a building shall be visually compatible with the surrounding structures and streetscapes. Unusual roof shapes, pitches, and colors are discouraged. HISTORY Amended by Ord. 21-16 on 4/26/2021 19.86.130 Additional Uses For Historic Sites A. Residential, Forestry and Agricultural 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 agricultural, forestry or residential zone in which the site is located: 1. Antique shop; 2. Art shop; 3. Boardinghouse; 4. Child nursery; 5. Dental office or clinic; 6. Dwelling, single, two, three, four or multiple family; 7. Nursing home; 8. Office; 9. Private educational institution; 10. Reception centers; 11. Restaurant; 12. Other uses of similar intensity to the above. B. Commercial and Manufacturing Zones. The planning commission may approve any use listed in the commercial and manufacturing zones of the City zoning ordinance for a historic site located in a commercial or manufacturing zone. HISTORY Amended by Ord. 21-16 on 4/26/2021 19.86.140 Appeals A. Any person adversely affected by any final decision of the Historic Preservation Officer or the Zoning Administrator in the administration of this chapter may appeal ---PAGE BREAK--- such decision to the Land Use Hearing Officer in accordance with MKC Chapter 19.91. B. Any person adversely affected by any final decision of the Historic Preservation Commission in the administration of this chapter may appeal such decision to the city council in accordance with the provisions of this section. 1. Appeals shall be taken within 15 days of a written decision by filing a written notice with the city manager, specifying the grounds for appeal. Only grounds specified in the appeal shall be considered by the council. 2. An appeal stays all proceedings in furtherance of the action appealed from unless the historic preservation commission certifies to the city council that, by reason of fact stated in the certificate, a stay would cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by restraining order which may be granted by the appropriate appeal body or by the District Court on application and notice and on due cause shown. 3. The city council shall schedule a public hearing to hear the appeal. Notice of the hearing shall be given at least 15 days prior to the hearing. Notice of the hearing shall be made as required by law. The city council may modify the order, requirement, decision or determination appealed from and may make such determination as ought to be made and to that end shall have all powers of the historic preservation commission. A concurring vote of a simple majority of the total membership of the council shall be necessary to act on the appeal. C. Any person adversely affected by any final decision of the city council designating a historic resource to the register, or regarding an appeal from a decision of the historic preservation commission in the administration of this chapter may have and maintain a plenary action for relief therefrom in a court of competent jurisdiction; provided a petition for such relief is presented to the court within 30 days after the rendering of such decision. HISTORY Amended by Ord. 21-16 on 4/26/2021 19.86.150 Interpretation Of Chapter This chapter does not guarantee the right of any person, firm or corporation to any provision of this chapter. HISTORY Amended by Ord. 21-16 on 4/26/2021 ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.43 Historic Sites and Districts Draft v1 1 Chapter 19.43 Historic Preservation 19.43.1 General Provisions A. Purpose 1. Millcreek (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 neighborhoods, 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. B. Applicability 1. Any property designated as a Historic Site or District shall be subject to this section. 2. Each of the following structures and sites in the City is a Historic Site: a. Gardner Home and Mill Site, 1475 Murphy's Lane, Millcreek. b. Edward Pugh Home, 1299 East 4500 South, Millcreek. c. Butler House, 1045 East 4500 South, Millcreek. d. Mill Creek Farmhouse, 1106 East 4500 South, Millcreek 3. Each of the following districts in the City is a Historic District: a. Evergreen Avenue Historic District as listed on the National Register of Historic places in 2007. C. Amendments. 1. The Council may amend the above list of Historic Sites and Districts, including designating additional Historic Sites, Structures, and Districts subject to the amendment procedures in MKZ 19.90 – Amendments and Rezoning per the recommendations of the Historic Preservation Commission. 19.43.2 Historic Preservation Commission A. Establishment of the Historic Preservation Commission 1. There is hereby created a commission to be known as the Millcreek Historic Preservation Commission. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.43 Historic Sites and Districts Draft v1 2 a. The Historic Preservation Commission shall be composed of seven members. b. It is the intent of the Millcreek City Council that the Historic Preservation Commission represent the interests of the community as a whole; that the membership of the historic preservation commission provides balanced representation in terms of geographic, professional, neighborhood, and community interests. c. All members of the Historic Preservation Commission shall be bona fide residents of Millcreek. B. Terms and Organization of the Historic Preservation Commission 1. Each member of the Commission shall be appointed by the mayor with the advice and consent of the City Council. 2. One member shall be chosen from each of the four Council districts within Millcreek and three shall be chosen at large. 3. To the extent available in the community, at least two members of the Commission shall be professionals in fields related to historic preservation history, architectural history, archaeology, historic architecture, or planning). 4. Commission members shall serve for a term of four years and until their successor is appointed. 5. The terms of the members shall be staggered such that the term of four members shall expire on January 31st of the year when the mayor takes office, and the terms of the other three members shall expire two years later on January 31st. New members shall be appointed as soon as possible following the expiration of term. 6. The City Council may remove any member of the Historic Preservation Commission for cause. Vacancies shall be filled in the same manner as the original appointment for the remainder of the unexpired term. 7. In the event that the City Council are unable to find someone from one of the four City Council districts to be appointed as a Historic Preservation Commissioner, a person may be chosen from any of the other districts. C. Power and Duties of the Historic Preservation Commission 1. The Historic Preservation Commission shall have the following duties: a. Review and issue recommendation on Conditional Use Permits associated with alteration of a historic site or structure on the Historic Landmarks List. b. Issue Certifications of Historical Appropriateness (COA). ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.43 Historic Sites and Districts Draft v1 3 c. Conduct research and collect information on the history of Millcreek, including the establishment of a repository for important documents, artifacts and other items of historical significance. d. Provide a written history of Millcreek, as well as an historical program which outlines Millcreek’s history for various age groups in the community. This may include, but not be limited to, the use of written summaries of history, visual exhibits, video tapes, displays, and other media. e. Increase the awareness of Millcreek’s history through the commemoration of historical events. f. Designate entries on the National Register of Historic Sites in Utah and recommend to the State Historic Preservation Officer nominations for the National Register of Historic places, utilizing the criteria for evaluation from the National Register. g. Attend at least one informational or educational meeting each year, sponsored by the State Historic Preservation Office, pertaining to the work and functions of the Commission or to historic preservation. h. Submit an annual report of the activities of the Commission to the State Historic Preservation Office and to the City Council. i. Review all proposed National Register nominations for properties within the boundaries of the City. j. Conduct or cause to be conducted a survey of cultural resources in the City which in form and content will be compatible to the Utah inventory of historic and archaeological sites. k. Act in an advisory role to other officials and departments of the City regarding the protection of local cultural resources and shall act as a liaison on behalf of the City to individuals and organizations within the City concerned with historic preservation. l. Support the enforcement of all state and local legislation relating to historic preservation. D. Historic Preservation Commission Meetings and Notification 1. The Commission shall provide for adequate public participation in the historic preservation programs, including the process of recommending properties for nomination to the National Register. 2. Commission meetings shall occur at regular intervals, and at least twice a year. 3. Minutes of all decisions, actions of the Commission, including the reasons for making those decisions shall be kept on file and available for public inspection. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.43 Historic Sites and Districts Draft v1 4 4. Rules of procedure adopted by the Commission shall be available for public inspection. 19.43.3 Historic Landmarks List A. Created. 1. There is hereby created a Millcreek Historic Sites and Districts List (the “list”), which shall serve as a means of providing recognition to and encouraging the preservation of historic resources in the City. The list shall be prepared and maintained by the Historic Preservation Commission and filed with the City recorder’s office and incorporated into the applicability section of this Chapter. Owners of property where historic sites and districts are found shall be notified by the city recorder’s office that a site found on the owner’s property has been included on the list. B. Contents. 1. The list shall describe each historic resource included therein, the date or approximate date of its construction, the date during which its historic significance was established, the reason for including it on the list, and the names and addresses of the current owners as shown on the records of the Salt Lake County Recorder. C. Criteria. 1. The Historic Preservation Commission may designate any neighborhood, building, structure, object, site or district to the list as a historic resource in accordance with the procedures set forth herein if it is determined by the Historic Preservation Commission that the historic resource meets all of the following criteria: a. It is located within the official boundaries of the City; b. It is at least 50 years old; and c. There are no major alterations or additions that have obscured or destroyed the historic significance. D. Notification. 1. The owners of the items under consideration for inclusion on the list shall be notified in writing either by certified mail or hand delivery of the proposed action to designate the historic resource to the list and shall be invited to attend the historic preservation commission meeting in which the designation will be discussed. Said notification shall be provided as described herein not less than 14 ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.43 Historic Sites and Districts Draft v1 5 days prior to the date of the Historic Preservation Commission meeting in which the designation will be discussed. E. Designation Procedures. 1. The Historic Preservation Commission is charged with designating properties to list, and to maintain the same. The list shall reference any research related to the historic resource and a copy of the list shall be kept in the Historic Preservation Commission’s historic sites files. The historic sites files shall be open to the public in accordance with the Utah Governmental Records Access and Management Act. This list shall be reviewed, and historic resources shall be added or deleted as appropriate on, at minimum, a yearly basis by the historic preservation commission. The list should include historic resources located within the City that meet the minimum requirements set forth below: a. The historic resource is rated an or on a professional reconnaissance level survey; b. The historic resource is deemed or by the Historic Preservation Commission (for properties outside of a surveyed area); c. An historic resource that does not meet the or criteria established by the National Register of Historic Places may nonetheless be included if it is of exceptional importance to Millcreek’s history; or d. Any historic resource that has undergone major alterations or has been destroyed may be identified by markers may be placed on the original site of the historic resource with City Council approval; and e. The designation under consideration is not objected to by the owner of the historic resource. 2. Certificate. The owner of an officially designated historic resource may obtain an historic site certificate from the Historic Preservation Commission. The certificate shall contain the historic name of the property, the date of designation, and signatures of the mayor and the Historic Preservation Commission chairperson. F. Removal of Properties from the List. 1. If, after review and consideration by the Historic Preservation Commission, it is determined that a historic resource no longer meets the criteria for listing, the Historic Preservation Commission may remove the historic resource from the list. 2. A property owner of a historic resource may request removal of the historic resource from the list by submitting a request in writing to the City recorder’s office, who shall notify the Historic Preservation Commission of the written request. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.43 Historic Sites and Districts Draft v1 6 a. The Historic Preservation Commission shall remove an historic resource from the list within 10 calendar days following the City Recorder’s receipt of a written request. b. The Historic Preservation Commission shall use reasonable efforts to document the historic resource prior to its removal from the list. G. Alteration, Relocation, and Demolition Process. 1. A Conditional Use Permit is required for any modifications to a historic site or structure on the Historic Landmarks List, including modifications to the landscaping, fencing or appearance of any lot, or demolition, construction, alteration, relocation, improvement, or conversion of a historic site. 2. Applications for a Conditional Use Permit on a historic site shall be made in the manner and subject to the procedures and requirements set forth in MKZ 19.84. 3. The Historic Preservation Commission shall make a recommendation on all Conditional Use Permits for modification to a historic site or structure. 4. To the extent that the requirements of this chapter and MKZ 19.84 are inconsistent, the requirements of this chapter shall prevail. H. Alteration, Relocation, and Demolition Review Criteria 1. The Planning Commission shall not approve a Conditional Use Permit 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. The application meets the requirements for a conditional use permit set forth in MKZ 19.84; b. The application meets all the requirements of the base zone in which the property is located; c. The application has been pending before the planning commission for a period of at least one year. I. Documentation prior to Demolition. 1. If a historic resource is approved to be demolished or undergo major alterations, efforts shall be made by the Historic Preservation Commission to document its physical appearance before that action takes place. a. The City shall delay issuing a demolition permit for a maximum of 10 calendar days and shall notify a member of the Historic Preservation Commission, who will take responsibility for the documentation. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.43 Historic Sites and Districts Draft v1 7 b. Documentation shall include, at a minimum, exterior photographs of all elevations of the historic resource. 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. A demolition permit shall be issued after the 10 calendar day delay from the initial date of permit application whether or not the Historic Preservation Commission has documented the building. The permit may be issued earlier if the Historic Preservation Commission has completed its documentation. d. Documentation shall be kept in the Historic Preservation Commission’s historic sites files, which shall be open to the public in accordance with the Utah Government Records Access and Management Act. J. Site Modification 1. The Planning Commission may modify all yard, parking, landscaping, height and other requirements of the base zone, as necessary to fulfill the purpose 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, glare, dust or odor. 2. When, by reason of unusual circumstance, the strict application of any provision of this section would result in exceptional practical difficulty or undue economic hardship upon any owner of a historic resource, the City Council, with recommendation from the Historic Preservation Commission, shall have the power to modify strict provisions, so as to relieve such difficulty or hardship; provided, such modifications or interpretations shall remain in harmony with the general purpose and intent of said provisions, so that the architectural or historical integrity, or character of the historic resource, shall be conserved and substantial justice done. In granting modifications, the City Council, with or without recommendation from the Historic Preservation Commission, may impose such reasonable and additional stipulations and conditions as will, in its judgment, best fulfill the purpose of this chapter. Undue hardship shall not include a situation of the person’s own making. 19.43.4 Historic Landmarks Register A. Created. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.43 Historic Sites and Districts Draft v1 8 1. There is hereby created a Millcreek Historic Landmarks Register (the “register”), which shall provide further recognition of significant historic resources; provide protection for historic resources as set forth in this chapter; and may qualify owners of historic resources to special assistance from the City as may be determined by the City Council in its sole discretion. a. The register shall be prepared and maintained by the Historic Preservation Commission in accordance with the provisions set forth in this chapter. b. A notice of listing shall be filed for each property listed on the register with the City and recorded in the office of the Salt Lake County Recorder. c. Owners of property where historic landmarks are found shall be notified by the City Recorder’s office that a landmark found on the owner’s property has been included on the register. B. Contents. 1. The register shall describe each historic resource, the date or approximate date of its construction, 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 Salt Lake County Recorder. C. Criteria. 1. Any historic resource may be designated to the register in accordance with the procedures set forth herein if it meets all the criteria set forth below: a. The historic resource is located within the corporate boundaries of Millcreek; b. The historic resource is currently listed in the National Register of Historic Places (the “National Register”), or it has been officially determined eligible for listing in the National Register under the criteria of 36 C.F.R. 60.4, as amended. c. The historic resource shall also meet at least two of the following criteria: It is an easily identifiable visual feature of its neighborhood or the City because of its positioning, location, age, scale or style, and it contributes to the distinctive quality or identity of its area in such a way that its absence would negatively affect the area’s sense of place; It figures importantly into Millcreek’s founding or development through its uses, especially public uses; ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.43 Historic Sites and Districts Draft v1 9 It is associated with persons significant in the founding or development of Millcreek, especially the earliest settler families (1847 – 1900); It is associated with events that have made a significant contribution to the founding or development of Millcreek; It illustrates an important architectural form, style, or building technique, especially as an example of “local vernacular” single- and two-story rock/adobe homes; simple brick Victorians) or as a singular example of form, style, or technique within the City; It has been used as a way-finding landmark for at least 50 years; or It has yielded, or may be likely to yield, information important in prehistory or history archaeological sites). 2. If a historic resource does not meet at least two of the criteria of subsection of this section but is of exceptional importance to Millcreek’s history and the owner of the property wishes to have it designated as a historic resource on the register, the Historic Preservation Commission may review the request and, if deemed suitably significant, may recommend to the City Council that the historic resource be added to the register. D. Notification. 1. The owner of the historic resource shall be notified in writing either by certified mail or hand delivery of proposed action to designate the historic resource to the register and shall be invited to attend the Historic Preservation Commission meeting in which the designation will be discussed. E. Designation Procedures. 1. Official designation proceedings shall begin with submittal of a written request for designation by either the property owner or a member of the Historic Preservation Commission. The request shall 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 summarizing the property’s significance to the City. This official request may be preceded by informal contacts with the property owner by Historic Preservation Commission members, private citizens, local officials, or others regarding designation of the property. 2. Upon written request for designation, the Historic Preservation Commission chairperson shall arrange for the designation to be considered at the next Historic ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.43 Historic Sites and Districts Draft v1 10 Preservation Commission meeting, which shall be held at a time not to exceed 30 days from the date the designation request was received. 3. A decision by the Historic Preservation Commission shall be based on whether the property meets the criteria for designating properties to the register as set forth in subsection B.2.c of this section. The Historic Preservation Commission shall forward its recommendation in writing to the City Council within 14 days of the decision. 4. The City Council may, by adoption of an appropriate resolution, designate a historic resource to the register. The owner of the historic resource shall be notified at least three days prior to the City Council meeting at which the ordinance will be considered and shall be allowed to address the council with regard to the designation. Following designation, a notice of such shall be mailed to the owners of record. 5. A historic resource which, in the opinion of the Historic Preservation Commission, no longer meets the criteria for eligibility may be removed from the register after review and recommendation by the Historic Preservation Commission and the adoption of an appropriate ordinance by the City Council. 6. Upon official adoption of a designating or removal ordinance, the Historic Preservation Commission shall record proper notice with both the City Recorder’s office and the County Recorder’s office to indicate such designation or removal on the official records thereof. F. Result of Designation. 1. An owner of a historic resource listed on the register may seek assistance from the Historic Preservation Commission in applying for grants or tax credits for rehabilitating the owner’s properties. G. Alteration, Relocation, and Demolition Process 1. Proposed repairs, alterations, additions, relocation or demolitions to historic resources listed on the register requiring a building permit are subject to review by the Historic Preservation Commission and shall receive a “Certificate of Historic Appropriateness” prior to issuance of a building permit. The purpose of this review is to ensure the preservation of historic resources to the greatest extent reasonably possible. 2. Any application for a building permit pertaining to a historic resource designated on the register shall be forwarded by the Planning Director to the Historic Preservation Commission for its determination prior to the issuance of the requested permit. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.43 Historic Sites and Districts Draft v1 11 a. At its next scheduled meeting, the Historic Preservation Commission shall review the application and proposed work for compliance using the United States Secretary of the Interior’s Standards for Rehabilitation, in effect at the time of the scheduled meeting. b. The Historic Preservation Commission’s determination shall be forwarded within three days to the Planning Director for review. c. If the Historic Preservation Commission denies or requires significant revisions to a permit application, the determination shall indicate the specific standards on which the decision of the Historic Preservation commission is based and, where appropriate, shall provide a brief explanation setting forth the reasons for the determination. Copies of the determination shall be forwarded by the Planning Director to the property owner. d. The Planning Director shall, upon receipt of the Historic Preservation Commission’s determination, process the permit as set forth in this section. Projects which, as determined by the Historic Preservation Commission, are consistent with the standards shall be issued a Certificate of Historical Appropriateness which authorizes the building permit to be issued upon compliance with all other applicable requirements of this title or any other applicable ordinance. e. An applicant whose submittal does not comply with the standards may, for a period of 60 days, meet with the Historic Preservation Commission, together with the Planning Director, to explore means for proper repair, alteration or addition to the historical resource which are consistent with the standards, which may include the following: Feasibility of modifications to the plans; Feasibility of alternative uses of the historic resource; Feasibility of acquiring easements and/or variances; Feasibility of acquiring financial or other forms of assistance from preservation organizations. f. If no approval is granted within the initial 60 days, the Historic Preservation Commission may grant an extension of an additional 60 days. If no approval is granted at the conclusion of 120 days, the Certificate of Historic Appropriateness shall be denied if the standards for rehabilitation cannot be met and the requested building permit shall not be issued by the Planning Director until the historic resource is removed from the register or list, following documentation of the historic resource described in this chapter. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.43 Historic Sites and Districts Draft v1 12 H. Alteration, Relocation, and Demolition Review Criteria 1. A decision by the Historic Preservation Commission approving or denying a Certificate of Historic Appropriateness for the relocation of a historic resource shall be guided by the following criteria: a. How the historic character and aesthetic interest of the historic resource contributes to its present setting; b. Whether there are definite plans for the area to be vacated and what the effect of those plans on the character of the surrounding area will be; c. Whether the historic resource can be relocated without significant damage to its physical integrity; and d. Whether the proposed relocation area is compatible with the historical and architectural character of the historic resource. 2. A decision by the Historic Preservation Commission approving or denying a Certificate of Historic Appropriateness for the demolition of a historic resource listed on the register shall be guided by the following criteria: a. The historic, scenic or architectural significance of the historic resource; b. The importance of the resource to the character of the neighborhood or city; c. The difficulty or the impossibility of reproducing the historic resource because of its design, texture, material, detail, or unique location; d. Whether the historic resource is one of the last remaining examples of its kind in the neighborhood or City; e. Whether there are definite plans for use of the property if the proposed demolition is carried out, and what the effect of those plans on the character of the surrounding area would be; f. Whether reasonable measures can be taken to save the historic resource from deterioration or collapse; and g. Whether the historic resource is capable of being used to earn a reasonable economic return on its value. 3. A Certificate of Historical Appropriateness shall become void unless construction authorized by a building permit is commenced within 180 days after issuance of the certificate. 4. Ordinary maintenance and repair of any exterior architectural or environmental feature in or on a historic resource to correct deterioration, decay, or to sustain the existing form, and that does not involve a material change in design, material or ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.43 Historic Sites and Districts Draft v1 13 outer appearance thereof, does not require a Certificate of Historic Appropriateness. 5. An owner of a historic resource listed on the register shall not allow any building to deteriorate by failing to provide ordinary maintenance or repair. The Historic Preservation Commission shall be charged with the following responsibilities regarding deterioration by neglect: a. The Historic Preservation Commission shall monitor the condition of historic resources to determine if any historic resource is being allowed to deteriorate by neglect. Conditions such as broken windows, doors and exterior openings which allow the elements to enter or otherwise become an attractive nuisance, or the deterioration of a historic resource’s structural system shall constitute failure to provide ordinary maintenance or repair. b. In the event the Historic Preservation Commission determines there is a failure to provide ordinary maintenance or repair, the historic preservation commission shall notify the owner of the historic resource and set forth the steps which need to be taken to remedy the situation. The owner of the historic resource shall have 30 days to make necessary repairs. c. In the event that the condition is not remedied in 30 days, the historic preservation commission may remove the historic resource from the register. This section shall not be construed as a limitation to other enforcement actions which may be undertaken by Millcreek in accordance with other statutes or ordinances. 6. When, by reason of unusual circumstance, the strict application of any provision of this section would result in exceptional practical difficulty or undue economic hardship upon any owner of a historic resource, the City Council, with recommendation from the Historic Preservation Commission, shall have the power to modify strict provisions, so as to relieve such difficulty or hardship; provided, such modifications or interpretations shall remain in harmony with the general purpose and intent of said provisions, so that the architectural or historical integrity, or character of the historic resource, shall be conserved and substantial justice done. In granting modifications, the City Council, with or without recommendation from the Historic Preservation Commission, may impose such reasonable and additional stipulations and conditions as will, in its judgment, best fulfill the purpose of this chapter. Undue hardship shall not include a situation of the person’s own making. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.43 Historic Sites and Districts Draft v1 14 7. A person who alleges that action by the Historic Preservation Commission or the City will result in an unconstitutional taking of property may request a review thereof as provided in Millcreek Municipal City Code. 19.43.5 Standards For Rehabilitation and Design Guidelines The following standards and guidelines shall be used by the Historic Preservation Commission in advising the Planning Commission and City council on the appropriate treatment of historic properties. A. Standards for Rehabilitation. 1. The following standards for rehabilitation shall be used when determining the historic appropriateness of any application pertaining to a historic resource: a. 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. b. The historic character of a property shall be retained and preserved. The removal of historic materials or alterations of features and spaces that characterize a property shall be avoided. c. 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. d. Most properties change over time; those changes that have acquired historical significance in their own right shall be retained and preserved. e. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved. f. 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. g. 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. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.43 Historic Sites and Districts Draft v1 15 h. Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. i. 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. j. 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. B. General Design Guidelines. 1. These Guidelines expand on some of the concepts articulated in the Standards for Rehabilitation in the previous section. a. Avoid demolition of historic and contributing buildings. They are finite resources and cannot be replaced. b. Vacant buildings should be weather- and vandal-proofed in order to minimize further deterioration and the threat of public safety. c. Rehabilitation work, especially on the exterior and the principal façade, should preserve existing historic features or replace them. If absolutely necessary, with features and materials known to have existed on the building. Avoid “dressing up” buildings by adding features on speculation. d. Avoid moving buildings whenever possible, especially to create artificial groupings of historic buildings. If buildings must be removed, 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. C. Additions to Historic Buildings and New Construction Within an Historic District. 1. New additions to historic buildings should be subordinate to the original building, that is, lower in height, attached to the rear or set back along the side, and subordinate in scale and architectural detailing. 2. Height, width, setback, roof shape, and the overall scale and massing of new buildings within a historic district should be compatible with surrounding historic buildings and the overall streetscape. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.43 Historic Sites and Districts Draft v1 16 3. Materials on at least the primary façade(s) should be similar to the original materials on facades of surrounding historic buildings (usually brick, stucco, stone, or wood siding, depending on the specific characteristics of the district). 4. Architectural details (including wood or metal trim, porches, cornices, arches, window and door features, etc.) should be compatible with but not replicable historic features on surrounding historic buildings. 5. 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 façade as those on surrounding historic buildings. 6. Proportion to Principal Facades. The relationship of the width to the height of the principal buildings shall be in scale with surrounding structures and streetscape. Wider new buildings can be divided into segments that more closely resemble the façade widths of historic buildings. 1. Roof Shape. The roof shape of a building shall be visually compatible with the surrounding structures and streetscapes. Unusual roof shapes, pitches, and colors are discouraged. 19.43.6 Enforcement. A. Failure to Comply 1. Failure to follow the procedure for acquiring a Conditional Use Permit or a Certificate of Historical Appropriateness may result in the Planning Director issuing a stop- work order while a review is conducted. The review will determine if revocation of a conditional use permit granted for a use associated with the historic resource, revocation of building permits and/or other penalty fines are necessary as per MKZ Chapter 19.94. 2. Failure to follow the procedure set forth in this chapter for acquiring a Conditional Use Permit or Certificate of Historic Appropriateness may result in removal of the historic resource from the register and the National Register, thus rendering the property ineligible for federal, state, and city tax credits, grant and loan programs. 3. In addition, if the historic resource has received land use entitlements as a result of its placement on the register, the City may consider the revocation of such entitlements and/or the acceleration of any debt issued by the City as part of a program of historic preservation/rehabilitation consistent with applicable law. 4. Any demolition or alteration, or whole destruction of locally-designated historic landmark sites or structures, and their character defining features, without prior ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.43 Historic Sites and Districts Draft v1 17 approval per this chapter shall result in penalty per Section of this Code (reference enforcement section). 19.43.7 Appeals A. Applicability 1. Any person adversely affected by any final decision of the Historic Preservation Officer or the Zoning Administrator in the administration of this chapter may appeal such decision to the Land Use Hearing Officer in accordance with MKC Chapter 19.91. B. Procedure 1. Any person adversely affected by any final decision of the Historic Preservation Commission in the administration of this chapter may appeal such decision to the City Council in accordance with the provisions of this section. a. Appeals shall be taken within 15 days of a written decision by filing a written notice with the City Manager, specifying the grounds for appeal. b. Only grounds specified in the appeal shall be considered by the Council. c. An appeal stays all proceedings in furtherance of the action appealed from unless the historic preservation commission certifies to the City Council that, by reason of fact stated in the certificate, a stay would cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by restraining order which may be granted by the appropriate appeal body or by the District Court on application and notice and on due cause shown. d. The City Council shall schedule a public hearing to hear the appeal. Notice of the hearing shall be given at least 15 days prior to the hearing. Notice of the hearing shall be made as required by law. The City Council may modify the order, requirement, decision or determination appealed from and may make such determination as ought to be made and to that end shall have all powers of the Historic Preservation Commission. A concurring vote of a simple majority of the total membership of the Council shall be necessary to act on the appeal. 2. Any person adversely affected by any final decision of the City Council designating a historic resource to the register, or regarding an appeal from a decision of the Historic Preservation Commission in the administration of this ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.43 Historic Sites and Districts Draft v1 18 chapter may have and maintain a plenary action for relief therefrom in a court of competent jurisdiction; provided a petition for such relief is presented to the court within 30 days after the rendering of such decision. 19.43.8 Interpretation of Chapter This chapter does not guarantee the right of any person, firm or corporation to any provision of this chapter. Applicable Definitions: The following definitions are for reference only and will be included in the Definitions Chapter/Section. “Certificate of Historic Appropriateness (COA)” means a document evidencing approval by the historic preservation commission of an application to make a material change in the appearance of a designated historic resource. “Exterior architectural features” means the architectural style, general design and general arrangement of the exterior of a building, structure or object, including but not limited to the kind of texture of the building material and the type and style of windows, doors, signs and other appurtenant architectural fixtures, details or elements relative to the foregoing. “Exterior environmental features” means all those aspects of the landscape or the development of a site which affect the historic character of the property. “Historic resource” means any building, structure, object, site or district which may be of historic importance to Millcreek and may or may not be listed on the city’s historic sites list or the historic landmarks register. “Historic preservation commission (HPC)” means the Historic Preservation Commission of Millcreek. “Historic Significance” means the importance of a property to the history, architecture, archeology, engineering, or culture of a community, State, or the Nation. It is achieved in several ways: • Associate with events, activities, or patterns • Association with important persons • Distinctive physical characteristics of design, construction, or form • Potential to yield important information “Important” means marked by or indicative of significant worth or consequence. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.43 Historic Sites and Districts Draft v1 19 “Major alteration” means a change or alteration to a building or historic resource that would destroy the historic integrity including, but 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 exterior walls (except adobe) with non-historic materials, moving the historic 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 historic resource when viewed from a public right-of-way. “Material change in appearance” means a change to a building or historic resource that would affect the exterior architectural or environmental features of a historic resource, such as: 1. Reconstruction or alteration of the size, shape or facade of a historic resource, including relocation of any doors or windows or removal or alteration of any architectural features, details or elements; 2. Demolition or relocation of a historic resource; 3. Commencement of excavation for construction purposes; or 4. The erection, alteration, restoration or removal of any building or historic resource, including walls, fences, steps and pavements or other appurtenant features except exterior paint alterations. “Positioning” means the placement of a historical resource on a property or its placement relative to other structures and/or landmarks in the general vicinity. “Reconnaissance level survey” means a visual evaluation of a large portion of properties in a community for the purpose of providing a “first cut” of buildings that may, based on their age and integrity, be eligible for listing in the National Register of Historic Places. The evaluation rating of potential sites and historic resources shall be given one of the following ratings: 1. Eligible/Significant: built within the historic period and retains integrity; excellent example of a style or type; unaltered or only minor alterations or additions; individually eligible for National Register of Historic Places under criterion also, buildings of known historical significance. 2. Eligible: built within the historic period and retains integrity; good example of a style or type, but not as well-preserved or well-executed as buildings; more substantial alterations or additions than buildings, though overall integrity is retained; eligible for National Register of Historic Places as part of a potential historic district or primarily for historical, rather than architectural, reasons. 3. Ineligible built during the historic period but has undergone major alterations or additions; no longer retains integrity. 4. Out-of-period: constructed outside the historic period. “Scale” means the distinctive relative size, extent or degree of a historic resource. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.43 Historic Sites and Districts Draft v1 20 “Significant” means having or likely to have influence and effect. “Zoning Administrator” means the Director of Planning or designee for Millcreek.