Chapter 17.58
HISTORICAL PRESERVATION OVERLAY ZONE
Sections:
17.58.030 Identification of potential important historical or archaeological sites.
17.58.040 Criteria for designating an important historical or archaeological site.
17.58.050 Designation of an important historical or archaeological site.
17.58.060 Establishment of a historic preservation overlay zone.
17.58.070 Boundaries of a proposed historical preservation overlay zone.
17.58.080 Review of important historical or archaeological sites.
17.58.100 Establishment of a historic preservation board.
17.58.110 Classification as protected records.
17.58.010 Purpose.
A. The purpose of this chapter is to designate important historical and archaeological sites in Eagle Mountain City, encourage the preservation of important historical and archaeological site locations, and avoid the unnecessary or inadvertent disturbance of these sites including prehistoric or historic human remains;
B. The establishment of a city register listing designated sites, structures, signs, and districts; and
C. The provision for educational opportunities to increase public appreciation of Eagle Mountain’s unique heritage. [Ord. O-02-2021 § 2 (Exh. A); Ord. O-15-2015 § 2 (Exh. A)].
17.58.020 Definitions.
“Ancient human remains” means all or part of a physical individual that is historic or prehistoric or any object on or attached to the physical individual that is placed on or attached to the physical individual as part of the death rite or ceremony of a culture.
“Important historical or archaeological site” means any geographic area that may include ancient human remains or items or improvements of a cultural or historic significance, including petroglyphs, pictographs, historical buildings or structures, historical artifacts, historic gravesites, historic mines or wells, or historic trails. An important historical or archaeological site can include sites that have been determined eligible for the National and State Registers of Historic Places or would be determined eligible if they were evaluated by the Utah State Historic Preservation Office.
“Landmark structure or site” means a structure or site included in the Eagle Mountain Historic and Archaeological City Register that meets the criteria of EMMC 17.58.040 and received approval by the planning commission by the process identified in EMMC 17.58.050. Such structures and sites are of importance to the city, state, or nation and impart high artistic, cultural, and historic values. [Ord. O-02-2021 § 2 (Exh. A); Ord. O-15-2015 § 2 (Exh. A)].
17.58.030 Identification of potential important historical or archaeological sites.
Any person may provide the location of a possible important historical or archaeological site to the city. Private landowners are encouraged to provide information regarding a possible important historical or archaeological site on land owned by the private landowner. Once a location of a potential important historical or archaeological site has been identified, the city should contact the landowner and attempt to obtain written permission to access the property to evaluate whether the site should be designated as an important historical or archaeological site. [Ord. O-02-2021 § 2 (Exh. A); Ord. O-15-2015 § 2 (Exh. A)].
17.58.040 Criteria for designating an important historical or archaeological site.
To be designated as an important historical or archaeological site, the location must include all of the criteria listed in subsections A through C of this section and at least one of the criteria listed in subsections D through H of this section.
REQUIRED:
A. The site is located within the boundaries of Eagle Mountain City.
B. The items that contribute to the important historical or archaeological site are a minimum of 100 years old (either by record or by the determination of experts or state historic preservation officers).
C. The site retains its integrity in that there are no major alterations that have obscured or destroyed the significant archaeological features.
AT LEAST ONE REQUIRED:
D. The site is currently listed in the National Register of Historic Places, or it has been officially determined eligible for listing in the National Register under the provisions of 36 CFR 60.6(s).
E. The site is associated with events that have made a significant contribution to the broad patterns of the prehistory or history of the city, state, or nation.
F. The site is associated with lives of persons significant in the prehistory or history of the city, state, or nation.
G. The site embodies the distinctive characteristics of a rare or unique type, period or method of construction, or that it represents the work of a master, or that it recognizes high artistic values or style, or that it represents a significant and distinguishable entity whose components may lack individual distinction.
H. The site has yielded or may be likely to yield information important in prehistory or history. [Ord. O-02-2021 § 2 (Exh. A); Ord. O-15-2015 § 2 (Exh. A)].
17.58.050 Designation of an important historical or archaeological site.
A property owner, resident, city body, or city staff may file a request for designation of an important historical or archaeological site by submitting an application to the city. Designation of important historical or archaeological sites will be a “check list” item to be reviewed by planning department staff and then submitted to the historic preservation board. Staff and the historic preservation board will consult experts and/or state historic preservation officers as to the possibility of historic or archaeological sites on parcels considered for development. The historic preservation board will review and consider the designation of the historical or archaeological site at a public meeting with mailed notice to the property owner postmarked at least 10 business days before the scheduled meeting.
Upon findings made by the historic preservation board using the criteria outlined in EMMC 17.58.040, the historic preservation board may designate the historical or archaeological site as a landmark structure or site to the history of Eagle Mountain, the State of Utah, and/or the United States of America and include it within the city register. [Ord. O-02-2021 § 2 (Exh. A)].
17.58.060 Establishment of a historic preservation overlay zone.
Any property that has been added to the Eagle Mountain Historic and Archaeological City Register shall be considered for a historic preservation overlay zone. A request to apply this overlay zone to the property may be brought forward by the property owner or city. A request for approval of a historic preservation overlay zone on a property may be filed and processed jointly with a request for inclusion on the city register.
A historic preservation overlay zone shall be established pursuant to the procedures of rezoning property, as provided by Chapter 17.90 EMMC, with the following modifications:
A. Application. In cases where a request for a historic preservation overlay zone on a property occurs after the property has been added to the city register, an application for this zoning shall include verification the property is on the city register. A copy of the application packet for designation of the important historical or archaeological site shall be included in the zoning application. [Ord. O-02-2021 § 2 (Exh. A)].
17.58.070 Boundaries of a proposed historical preservation overlay zone.
When determining the boundaries of a proposed historical preservation overlay zone to be reviewed and approved by the city, the boundaries of an important historical or archaeological site shall be drawn to ensure that historical associations, and/or those which best enhance the integrity of the site, comprise the boundaries. The boundaries do not need to match property lines. [Ord. O-02-2021 § 2 (Exh. A)].
17.58.080 Review of important historical or archaeological sites.
Prior to the approval of any preliminary plat that includes areas that have been designated as important historical or archaeological sites, the planning staff shall evaluate the impact of the development on the important historical or archaeological site, and any options to mitigate the impact of such development. If possible, density or building rights transfer or open space credits will be used as a planning measure to avoid disturbing important historical or archaeological sites. In addition, inclusion of important historical or archaeological sites in open space or other set-aside areas and measures to protect and preserve such areas shall be utilized when density and building rights transfers or open space credits can be used to preserve these sites. [Ord. O-02-2021 § 2 (Exh. A); Ord. O-15-2015 § 2 (Exh. A). Formerly § 17.58.050].
17.58.090 Permits.
Prior to issuing a conditional use permit, excavation permit or construction permit for a parcel containing an important historical or archaeological site, the applicant shall provide a detailed plan describing measures that will be taken by the applicant to protect any ancient human remains or items or improvements of a cultural or historic significance, including petroglyphs, pictographs, historical buildings or structures, historical artifacts, historic gravesites, historic mines or wells, or historic trails. [Ord. O-02-2021 § 2 (Exh. A); Ord. O-15-2015 § 2 (Exh. A). Formerly § 17.58.060].
17.58.100 Establishment of a historic preservation board.
A. The city council may create a historic preservation board to assist the city with the identification, preservation and education of significant historical or archaeological sites. The board may consist of as many members as the city council feels is reasonable and necessary to achieve the purpose of the board.
B. Members appointed to the historic preservation board (if created) shall have demonstrated interest, competence, or knowledge in historic preservation.
C. In the absence of an appointed historic preservation board, the planning commission shall act in place of the historic preservation board. [Ord. O-02-2021 § 2 (Exh. A); Ord. O-15-2015 § 2 (Exh. A). Formerly § 17.58.070].
17.58.110 Classification as protected records.
In accordance with Utah Code Ann. § 63G-2-305(26) (2015), any records that reveal the location of historic, prehistoric, paleontological, or biological resources that if known would jeopardize the security of those resources or of valuable historic, scientific, educational, or cultural information shall be classified as “protected records.” [Ord. O-02-2021 § 2 (Exh. A); Ord. O-15-2015 § 2 (Exh. A). Formerly § 17.58.080].