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The Landmarks Commission shall have the following duties and powers:

(1) Survey and Inventory Community Historic Resources. The Landmarks 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 ten (10) years.

(2) Recommend the designation of historic sites and landmarks to the Municipal Council in accordance with the procedures of this Title.

(3) Review applications for Certificates of Historic Appropriateness concerning any alteration or construction affecting a designated, or formally nominated, historic resource, including but not limited to alterations that require a permit from the Building Inspections Division.

(4) Review all applications for rezoning, conditional use permits, and variances which apply to designated or formally nominated, historic resources. Recommendations of the Commission shall be forwarded to the Planning Commission, Board of Adjustment, or Municipal Council, depending on which body makes the final decision on the matter.

(5) Review applications for Redevelopment Agency rehabilitation and historic preservation loans to determine the historic appropriateness of the application. Recommendations of the Commission shall be forwarded to the Municipal Council.

(6) Recommend future policies and programs to the Municipal Council which will further the purposes of historic preservation, and to carry out such programs and policies as directed by the Municipal Council. The Landmarks Commission shall prepare and recommend a Historic Preservation Element in the Provo General Plan.

(7) Review and comment upon nominations for the National Register of Historic Places as referred to the Commission by the Utah State Division of History.

(8) Provide the Planning Commission with a regular update of historic preservation projects in the community.

(9) Support the enforcement of all state laws relating to historic preservation. These include, but are not limited to: U.C.A. 17A-3-1301, “The Historic District Act;” U.C.A. 9-8-305, 307, and 308 regarding the protection of Utah antiquities; and U.C.A. 9-8-404 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 of National Registers.

(Enacted 1994-107)