Chapter 2.95
HISTORIC PRESERVATION COMMISSION
Sections:
Article I. General Provisions
2.95.020 Historic preservation commission.
2.95.040 Helper historic sites list.
2.95.050 Helper historic landmark register.
2.95.060 Standards for rehabilitation and design guidelines.
Article II. Bylaws and Operating Procedures
2.95.100 Purpose of the historic preservation commission.
2.95.120 Duties and responsibilities.
2.95.180 Standing and ad hoc committees.
Prior legislation: Code 1988 Ch. 2-11, Ords. 3-84, 92-4, and 2003-5.
Article I. General Provisions
2.95.010 Purpose.
(Authority: Section 17A-3-1301, Utah Code Annotated 1953.) Helper City recognizes that the historical heritage of the community is among its most valued and important assets. It is therefore the intent of Helper to identify, preserve, protect and enhance historic buildings, structures, sites, objects, and districts lying within the city limits of Helper City. [Ord. 2005-3 § 1].
2.95.020 Historic preservation commission.
A historic preservation commission is hereby established by Helper City with the following provisions:
A. The commission shall consist of a minimum of five members with a demonstrated interest, competence, or knowledge in historic preservation, appointed by the city council for terms of not less than two years.
B. To the extent available in the community, two commission members shall be professionals, as defined by National Park Service regulations, from the disciplines of history, archaeology, planning, architecture or architectural history.
C. The commission shall meet at least twice each year and conduct business in accordance with the open public meeting laws of Utah. This includes public notification of meeting place, time and agenda items.
D. Written minutes of each commission meeting shall be prepared and made available for public inspection. [Ord. 2005-3 § 2].
2.95.030 Commission duties.
The historic preservation commission shall have the following duties:
A. Survey and Inventory Community Historic Resources. The historic preservation commission shall conduct or cause to be conducted a survey of the historic, architectural, and archaeological resources within the community. The survey shall be compatible with the Utah Inventory of Historic and Archaeological Sites. Survey and inventory documents shall be maintained and shall be open to the public. The survey shall be updated at least every 10 years.
B. Review Proposed Nominations to the National Register of Historic Places. The historic preservation commission shall review and comment to the State Historic Preservation Officer on all proposed National Register nominations for properties within the boundaries of Helper City. When the historic preservation commission considers a National Register nomination which is normally evaluated by professionals in a specific discipline and that discipline is not represented on the commission, the commission shall seek expertise in that area before rendering its decision.
C. Provide Advice and Information.
1. The historic preservation commission shall act in an advisory role to other officials and departments of government regarding the identification and protection of local historic and archaeological resources.
2. The historic preservation commission shall work toward the continuing education of citizens regarding historic preservation and community history.
D. Provide advice for rehabilitation of city-owned historic buildings and sites.
E. Apply for and administer grants and other financial aid for historic preservation projects in the city.
F. Enforcement of State Historic Preservation Laws. The commission shall support the enforcement of all state laws relating to historic preservation. These include, but are not limited to: Sections 17A-3-1301 through 17A-3-1306, “The Historic District Act”; 9-8-305, 9-8-307, and 9-8-308 regarding the protection of Utah antiquities; and 9-8-404, Utah Code Annotated 1953, regarding notification of the State Historic Preservation Office of any known proposed action which will destroy or affect a site, building or object owned by the state of Utah and included on or eligible for the state or national registers. [Ord. 2005-3 § 3].
2.95.040 Helper historic sites list.
The historic preservation commission may designate historic properties to the historic sites list as a means of providing recognition to and encouraging the preservation of historic properties in the community.
A. Criteria for Designating Properties to the Helper Historic Sites List. Any district, building, structure, object or site may be designated to the historic sites list if it meets all the criteria outlined below:
1. It is located within the official boundaries of the city.
2. It is at least 50 years old.
3. a. It retains its historic integrity, in that there are no major alterations or additions that have obscured or destroyed the significant historic features. Major alterations that would destroy the historic integrity include, but are not limited to, changes in pitch of the main roof, enlargement or enclosure of windows on the principal facades, addition of upper stories or the removal of original upper stories, covering the exterior walls with nonhistoric materials, moving the resource from its original location to one that is dissimilar to the original, additions which significantly detract from or obscure the original form and appearance of the house when viewed from the public way.
b. If the property does not meet the integrity requirements outlined in subsection (A)(3)(a) of this section it may still qualify for designation if it meets one of the following requirements for exceptional significance:
i. It is directly associated with events of historic significance in the community.
ii. It is closely associated with the lives of persons who were of historic importance to the community.
iii. It exhibits significant methods of construction or materials that were used within the historic period.
B. Designation Procedures. Any person, group, or government agency may nominate a property for listing in the historic sites list.
C. Results of Designation to the Historic Sites List.
1. Owners of officially designated historic sites may obtain a historic site certificate from the historic preservation commission. The certificate contains the historic name of the property, the date of designation, and signatures of the mayor and the historic preservation commission chairperson.
2. If a historic site is to be demolished or extensively altered, efforts will be made to document its physical appearance before that action takes place.
a. The city will delay issuing a demolition permit for a maximum of 14 days and will notify a member of the historic preservation commission, which will take responsibility for the documentation.
b. Documentation will include, at minimum, exterior photographs (both black-and-white and color slides) of all elevations of the historic building. When possible, both exterior and interior measurements of the building will be made in order to provide an accurate floor-plan drawing of the building.
c. The demolition permit will be issued after 14 days of the initial application whether or not the commission has documented the building. The permit may be issued earlier if the commission completes its documentation before the 30-day deadline.
d. The documentation will be kept in the commission’s historic site files, which are open to the public.
D. Removal of Properties from the Historic Sites List. Properties which, in the opinion of the historic preservation commission, no longer meet the criteria for eligibility may be removed from the historic sites list after review and consideration by the commission. [Ord. 2005-3 § 7].
2.95.050 Helper historic landmark register.
Significant historic properties may be designated to the historic landmark register for the purposes of recognizing their significance and providing incentives and guidelines for their preservation.
A. Criteria for Designating Properties to the Helper Historic Landmark Register. Any district, building, structure, object or site may be designated to the historic landmark register if it meets the criteria outlined below:
1. It is located within the official boundaries of the city.
2. a. It is currently listed in the National Register of Historic Places and a copy of the approved National Register form has been placed in the local historic preservation files.
b. A property not yet listed in the National Register must:
i. Retain its historic integrity as defined in HMC 2.95.040(A)(3)(a); and
ii. Meet at least one of the following National Register criteria:
(A) Associated with events that have made a significant contribution to the broad patterns of our history; or
(B) Associated with the lives of persons significant in our past; or
(C) Embody the distinctive characteristics of a type, period, or method of construction or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or
(D) Have yielded, or may be likely to yield, information important in prehistory or history (archeological sites, for example).
iii. It has been documented according to the Utah State Historic Preservation Office Standards for Intensive Level Surveys (June 1993 version or subsequent revisions) or National Register standards and a copy of that documentation has been placed in the local historic preservation files.
3. Owner Approval.
a. Individual Properties. The owner of the property must approve the action to designate his/her property to the historic landmark register by submitting to the commission a written statement to that effect.
b. Historic Districts. A majority (over 50 percent) of the property owners in a proposed historic district must be in favor of the designation or at least not opposed to it. Written objections from over 50 percent of the property owners will constitute lack of approval and will halt the designation process.
B. Designation Procedures.
1. Submittal to the commission of complete intensive level survey or National Register of Historic Places documentation shall initiate the review process.
2. The commission shall place properly submitted nominations on the agenda for its next scheduled meeting and shall notify the nominating party and the property owner, either orally or in writing, 14 days prior to the meeting that the nomination will be considered. The 14-day notification period may be waived at the property owner’s option. In the case of historic districts, notification of proposed nominations may be made by public notice placed in the local newspaper or posted in a public building.
3. The commission shall review the documentation for completeness, accuracy, and compliance with subsection (A) of this section and may, by passage of an appropriate resolution, designate properties to the historic landmark register.
C. Notification and Recording of Designation. Following designation by the commission, a notice of such shall be mailed to the owners of record together with a copy of the ordinance codified in this chapter. In the case of historic district designation, notice of such may be placed in the local newspaper or in a public building rather than mailed to each owner of property in the district. The commission shall record the historic landmark register status designation with the county recorder’s office.
D. Results of Designation to the Historic Landmark Register.
1. Properties designated to the historic landmark register may receive special consideration in the granting of zoning variances or conditional use permits in order to encourage their preservation.
2. In the event of rehabilitation of the property, local building officials will consider waiving certain code requirements in accordance with Chapter 34 of the Uniform Building Code (1994 Edition), which deals with historic buildings, and the Uniform Code for Building Conservation, a special code for existing buildings.
3. Owners of historic landmarks may seek assistance from the historic preservation commission in applying for grants or tax credits for rehabilitating their properties.
4. Proposed exterior work on historic landmarks is subject to the review and advice of the historic preservation commission. The purpose of this review is to ensure the preservation of historic properties to the greatest degree possible. This review applies to individually designated landmark properties or any property, contributing or noncontributing, located in a landmark-designated historic district. This review applies only to exterior work which requires a building permit or demolition permit.
Applications for building or demolition shall be forwarded by the building inspection department to the historic preservation commission prior to their issuance.
E. Removal of Properties from the Historic Landmark Register. Properties which, in the opinion of the historic preservation commission, no longer meet the criteria for eligibility may be removed from the historic landmark register after review and consideration by the commission. Properties which are not in compliance cannot be listed on the historic landmark register.
F. Enforcement. The provisions of this section are subject to the enforcement provisions established in the Uniform Building Code, Uniform Code for Building Conservation, or in the Uniform Housing Code or any building code as adopted by Helper City. [Ord. 2005-3 § 8].
2.95.060 Standards for rehabilitation and design guidelines.
The following standards and guidelines shall be used by the historic preservation commission in advising property owners on rehabilitation of historic buildings.
A. Standards for Rehabilitation. These standards are based on the “Secretary of the Interior’s Standards for Rehabilitation,” which serve as a national and state model for appropriate preservation treatment. The standards are as follows:
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 alteration 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 historic significance in their own right shall be retained and preserved.
5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a 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, 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 archeological 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.
1. Landmark Buildings and Contributing Buildings in Landmark-Designated Historic Districts.
a. Avoid demolition of landmark and contributing buildings. They are a finite resource and cannot be replaced.
b. Vacant buildings should be weather- and vandal-proofed in order to minimize further deterioration and the threat to public safety.
c. Rehabilitation work, especially on the exterior and the principal facade, 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 based on speculation.
d. Avoid moving buildings whenever possible, especially to create artificial groupings of historic buildings. If buildings must be moved, 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.
2. Additions to Landmark and Contributing Buildings and Construction of New Buildings Within an Historic District.
a. New additions to landmark and contributing 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.
b. Height, width, setback, roof shape, and the overall scale and massing of new buildings should be compatible with surrounding historic buildings and the overall streetscape.
c. Materials on at least the primary facade(s) should be similar to original materials on facades of surrounding historic buildings (usually brick, stucco, stone, or wood siding, depending on the specific characteristics of the district).
d. 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 facade as those on surrounding historic buildings.
e. Proportion of Principal Facades. The relationship of the width to the height of the principal elevations shall be in scale with surrounding structures and streetscape. Wider new buildings can be divided into segments that more closely resemble the facade widths of historic buildings.
f. Roof Shape. The roof shape of a building shall be visually compatible with the surrounding structures and streetscape. Unusual roof shapes, pitches, and colors are discouraged. [Ord. 2005-3 § 9].
Article II. Bylaws and Operating Procedures
2.95.100 Purpose of the historic preservation commission.
As governed by ordinance and stated in HMC 2.95.010, Helper City recognizes that the historical heritage of the community is among its most valued and important assets. It is therefore the intent of Helper to identify, preserve, protect, and enhance historic buildings, structures, sites, objects, and districts lying within the city limit of Helper City. [Res. 2023-2 § 1].
2.95.110 Authority.
The HPC shall have the powers and duties assigned to it in accordance with the Helper City Municipal Code, Utah Code Ann., and the Code of Federal Regulations. The HPC shall act as the certified local government (CLG) for Helper City in accordance with 36 CFR 61.6. The Helper City council shall have the final authority over the HPC. [Res. 2023-2 § 2].
2.95.120 Duties and responsibilities.
The HPC shall uphold and carry out the duties and responsibilities assigned to it in accordance with HMC 2.95.030. Further, the HPC shall:
A. Promote the preservation of Helper’s historic locations by raising public awareness, understanding, and appreciation of the city’s history, including the value of sustaining a vibrant community for future generations of citizens and guests. Oversee the preservation of historic buildings, structures, sites, objects, and districts lying within the limits of Helper City.
B. The HPC may coordinate with other governmental agencies and non-profit organizations in raising funds for historic preservation. Provided that members of the HPC may be tasked with grant writing and members are not city employees, all grant activity should be presented and preapproved by the city council to ensure transparency of efforts and proper accounting. All members must consult with and receive authorization from the appropriate city representative(s) for any signature requirements. Funds and donations shall be received and handled as outlined in HMC 2.95.170.
C. Oversee the preparation, dissemination, and periodic update of design guidelines to assist property owners and government entities in preserving the historic character of Helper City. Administer preservation incentive programs awarded by local, state, or federal governments through Helper City’s administrative staff for proper accounting and audit process and procedure.
D. Advise the Helper City council and other city officials or staff on the identification and evaluation of historic resources within the city. Provide information regarding the significance of available resources, the nature and degree of threat to their preservation, and methods for their protection.
E. Review and advise the planning and zoning commission on historically relevant applications for material alterations to places within the Helper historic district and/or on the Helper landmarks register. By working together, the overall best results will be achieved in maintaining and enhancing our historic integrity. The HPC may recommend to the planning and zoning commission that it retain or create documentation of sites and preservation via attachments to permit requests.
F. Recommend additions to, review, or revisions of local ordinances to the Helper City council in an effort to encourage historic preservation. [Res. 2023-2 § 3].
2.95.130 Membership.
A. Disciplines. The HPC shall consist of a minimum of five, and no more than seven, members with a demonstrated interest, competence, or knowledge in historic preservation, appointed by the Helper City council. To the extent available in the community, two members shall be professionals, as defined by National Park Service regulations and the Secretary of the Interior’s Professional Qualifications Standards, from the disciplines of history, archaeology, historical architecture, architecture, or architectural history. A minimum of two shall be professionals as defined by the Secretary of the Interior’s Standards for Rehabilitation.
B. Appointment. The mayor shall appoint persons to fill the historic preservation commission with the advice and consent of the Helper City council.
C. Terms. Each member shall serve a term of not less than two years and shall continue until their successors are appointed. Members may be reappointed without limitation and there shall be no restriction as to the number of terms a member may hold. The terms shall commence on July 1st in the year in which they are appointed, so long as the HPC will still have a sufficient number of members to remain compliant with this section. If commencement of a term would result in the HPC having less than five members, the member’s term shall continue until a suitable replacement is found and approved by the Helper City council.
D. Council Representative. The mayor/council representative shall serve as the ex-officio chairperson of the board. It shall be the duty of the chairperson to preside over and conduct all meetings of the board. The chairperson, with the consent of the HPC, shall make such assignments or delegations to the members of the board.
E. Ex-Officio Members. The chairperson, with the approval of the HPC, may invite members of the public with specific expertise or interest in historic preservation to serve as ex-officio, nonvoting members of the HPC.
F. Attendance. Membership includes the responsibility to prepare for and attend the HPC regularly scheduled meetings in person or electronically. Any board member who misses three consecutive meetings, or misses more than half of the regularly scheduled meetings, within a 12-month period, or who consistently fails to participate in the work of the board without being excused by the chairperson based upon good cause, may be subject to removal from the HPC.
G. Compensation. All members shall serve without compensation except for reasonable expenses totaling less than $500.00 and preapproved by the chairperson/council representative or mayor.
The HPC shall make reasonable efforts to fill those positions as described. If the HPC is unable to do so, it shall document the reasonable efforts it undertook to comply with this section. [Res. 2023-2 § 4].
2.95.140 Roles.
A. Chairperson. The chairperson shall preside over meetings and perform the duties conferred by parliamentary procedure. Additionally, the chair shall perform other such duties as appointed to it by the HPC. The chairperson may designate a moderator pro tem to preside over meetings. The chairperson may enter into discussion but shall not be a voting member of the HPC. The chairperson will vote in the event of a tie vote conducted by the members of the HPC.
B. Pro Tem Chairperson. The HPC shall elect a pro tem chairperson from among its membership. The co-chairperson may enter into discussion and vote on all matters brought before the HPC. In the event that the chairperson is absent or incapacitated, the co-chairperson shall assume all duties and responsibilities of the chairperson.
C. Secretary. The HPC shall elect a member to serve as the HPC secretary to prepare and preserve minutes of each meeting, as well as all documents used by the HPC in its considerations. The chairperson may appoint a member of the HPC as temporary note taker should the secretary be absent from a meeting. The secretary shall distribute meeting minutes to the HPC members and to the Helper City recorder. [Res. 2023-2 § 5].
2.95.150 Meeting procedures.
A. Schedule. The HPC shall meet monthly on a schedule approved yearly by the HPC. The HPC shall conduct business in accordance with Utah’s Open and Pubic Meetings Act, including public notification of each meeting’s place, time, and agenda items.
B. Recordation of Meetings. All meetings shall be documented and preserved through minutes prepared by the HPC secretary or temporary replacement. A copy of the approved minutes shall be provided to the Helper City recorder within one week’s time from approval.
C. Conduct of Meetings. All regularly scheduled meetings shall include the following items of business and their order shall be determined by the chairperson prior to each meeting.
1. Call to order.
2. Roll call.
3. Approval of minutes.
4. Reports and communications.
5. Discussion items.
6. Action items.
7. Comments from guests and members and the public.
8. Other business.
9. Adjournment.
D. Agenda. The chairperson shall compile meeting agendas and circulate them to the HPC members no later than five days prior to a scheduled meeting. Requests from other members that items be placed on the agenda may be submitted to the chairperson at least seven days prior to a scheduled meeting.
E. Parliamentary Authority. Robert’s Rules of Order shall apply in all parliamentary matters, unless as otherwise described by these bylaws.
F. Quorum. No meeting shall commence without a quorum. A minimum of three members in attendance at a meeting of the HPC is required to constitute a quorum. [Res. 2023-2 § 6].
2.95.160 Voting.
All actions of the HPC shall be represented by a vote of the membership. A simple majority of the members present at the meeting shall approve any action taken. Should there be a split decision, the action shall not pass. The HPC may vote at regularly scheduled meetings. [Res. 2023-2 § 7].
2.95.170 Funds.
The HPC may accept cash or electronic monies on the commission’s behalf, by the way of gift, contribution, sale of merchandise, or fundraising activity. To meet state regulations, this requires two members be present at the acceptance of any funds as described above. A numbered receipt book shall be made available assigning sequential receipt numbers to the HPC by Helper City. The members shall complete a receipt in the event of a cash exchange, be it a donation or purchase. Both board members must sign the receipt for monetary transactions. The receipt will be turned in to the Helper City recorder for tracking. In the case of unused or skipped receipt numbers, the HPC must account for it directly to the Helper City recorder. For fundraising activities or sale of merchandise the members may directly accept the money as indicated above, but shall deliver it to the Helper City recorder within 24 business hours from the time of collection. [Res. 2023-2 § 8].
2.95.180 Standing and ad hoc committees.
The chairperson may appoint subcommittees to prepare reports and recommendations for the HPC for its consideration and possible action. [Res. 2023-2 § 9].
2.95.190 Amendments.
Any and all rules and regulations proposed by the HPC shall be forwarded in writing to the Helper City council following a majority vote of the HPC. The council may amend, adopt, or reject any such rules or regulations. If any such rules and regulations should be rejected, the HPC may modify and resubmit such modified, proposed rules and regulations to the council. The Helper City council has final authority over the HPC’s adoption of such rules and regulations. [Res. 2023-2 § 10].