2.38.050 Lindon historic landmark register.
Significant historic properties may be designated to the historic landmark register for the purpose of recognizing their significance and providing incentives and guidelines for their preservation.
1. Criteria for designation to the Lindon historic landmark. Any district, building, structure, object, or site may be designated to the historic landmark register if it meets all the criteria outlined below:
a. It is located within the official boundaries of the city.
b. It is currently listed in the National Register of Historic Places, or it has been officially determined eligible for listing in the National Register of Historic Places under the provisions of 36 CFR 60.4(s). Properties listed on or determined eligible for the National Register must, in addition to retaining their integrity, meet at least one of the following National Register criteria:
i. Associated with events that have made a significant contribution to the broad patterns of our history; or ii. Associated with the lives of persons significant in our past; or iii. Embody the distinctive characteristics of a type, period, or method of construction or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or iv. Has yielded, or may be likely to yield, information important in prehistory or history (archaeological sites, for example).
c. The owner of the property approves of the action to designate his/her property to the historic landmark register and has submitted to the commission a written statement to that effect.
2. Designation procedures.
a. Official designation proceedings must begin with the submittal of a written request for designation by the property owner to the commission chairperson. The letter must identify the property by its address and historic name, give the date the property was listed in the National Register where officially determined eligible, and include a statement verifying that the property owner is indeed the owner of legal record of the property proposed for designation. This official request may be preceded by informal contacts with the property owner by commission members, private citizens, local officials, or others regarding designation of the property.
b. Upon receipt of the written request for designation, the commission chairperson shall arrange for the nomination to be considered at the next commission meeting, which shall be held at a time not to exceed 30 days from the date the request was received.
c. The decision by the commission shall be based on the eligibility of the property in terms of meeting the criteria for designating properties to the Lindon historic landmark register. The commission shall forward its recommendations in writing to the city council within 14 days.
d. The city council may, by approval and passage of an appropriate resolution, designate properties to the historic landmark register. Following designation, a notice of such shall be mailed to the owners of record together with a copy of this ordinance.
e. After a property has been formally designated to the historic landmark register, the designation may be amended or rescinded in the same manner as the original designation was made.
f. Upon official designation, the commission shall record the designation with the county recorder's office to indicate such designation on the official title thereof.
g. Results of designation to the historic landmark register.
h. Properties designated to the historic landmark register may receive special consideration in the granting of zoning variances or conditional use permits in order to encourage their preservation.
i. In the event of rehabilitation of the property, local building officials, to the extent permitted by applicable law, will consider waiving certain code requirements in accordance with Section 104(f) of the Uniform Building Code (1988 Edition, which deals with historic buildings, or the uniform code for building conservation, a special code for existing buildings.)
j. Owners of historic landmarks may seek assistance from the historic preservation commission in applying for grants or tax credits for rehabilitating their properties.
k. Proposed repairs, alterations, or additions to historic landmarks are subject to the review of the historic preservation commission and the subsequent review and approval of the city council. The purpose of this review is to ensure the preservation of historic materials and features to the greatest degree possible.
l. Applications for permits pertaining to historic landmark properties shall be forwarded by the building inspector to the historic preservation commission prior to their issuance.
m. At its next scheduled meeting, the commission shall review the applications and proposed work for compliance with the Secretary of the Interior's “Standards for Rehabilitation,” hereafter referred to as the “standards.”
n. The commission's recommendation shall be forwarded within three days to the city council for their consideration in reviewing the applications. The recommendation must indicate which of the standards the commission's decision was based on and, where appropriate, a brief explanation. Copies of the recommendation shall be sent to the building inspector and the property owner at the same time.
o. The city council shall schedule the matter for its next city council meeting and, upon review of the historic preservation commission's recommendation and other comments given at the meeting, make a decision regarding the appropriateness of the proposed action. Approved projects will be issued a “Certificate of Historical Appropriateness” which authorizes the building permit to be issued.
3. Enforcement. The provisions of this section are subject to the enforcement provisions established with regard to building permits and building codes. (Ord. 12-92, amended, 1993)