16.05.050 Results of Designation to the Landmarks Register and Requirement for Certificates of Appropriateness.
(1) Properties designated to the Landmarks Register may receive special consideration in the granting of zoning variances or conditional use permits in order to encourage their preservation, and shall be eligible for low-interest rehabilitation and preservation loans, which the City may offer.
(2) In the event of rehabilitation of the property, local building officials shall consider waiving certain code requirements in accordance with the Historic Building provisions of the International Building Code or the Uniform Code for Building Conservation, a special code for existing buildings
(3) Owners of Historic Landmarks may seek assistance from the Landmarks Commission in applying for grants or tax credits for rehabilitating their properties.
(4) After a property has been designated on the Landmarks Register, any alteration of the exterior appearance of a structure, site, object or work of art affecting a Landmark shall be made or permitted only after application for a Certificate of Appropriateness has been submitted to and approved by the Landmarks Commission, or the Landmarks Commission staff, if applicable, pursuant to Subsection (6) of this Section.
(5) Certificates of Appropriateness shall be required for alterations such as but not limited to:
(a) Any construction that requires a building permit;
(b) Removal and replacement or alteration of architectural detailing, such as porch columns, railing, window moldings, cornices and siding;
(c) Relocation of a structure or object on the same site or to another site;
(d) Construction of additions or decks;
(e) Alteration or construction of accessory structures, such as garages, carports, sheds, etc.;
(f) Alteration of windows and doors, including replacement or changes in fenestration patterns;
(g) Construction or alteration of porches;
(h) Masonry work, including, but not limited to, tuckpointing, sandblasting and chemical cleaning;
(i) Construction or alteration of site features including, but not limited to, fencing, walls, paving and grading;
(j) Installation or alteration of any exterior sign;
(k) Any demolition;
(l) Change of exterior paint color; and
(m) New Construction.
(6) The following types of construction or demolition may be decided administratively by the Landmarks Commission staff subject to the standards in this Title or other applicable standards:
(a) minor alterations, repairs or additions to a Landmark or Contributory Building or Site in a historic district;
(b) alterations, repairs or additions to a Non-Contributory Building or Site in a historic district;
(c) any alterations or demolition of an accessory structure; and
(d) demolition of a Non-Contributory Building or Site in a historic district.
(7) Applications for administrative decisions shall be made in the same form as applications for Landmarks Commission decisions as set forth in Subsection (12) below. Landmarks Commission staff shall determine whether a request is to be processed administratively or referred to the Landmarks Commission.
(8) Landmarks Commission staff shall have ten (10) days to render an administrative decision after an application for a Certificate of Appropriateness has been accepted and deemed complete.
(9) Administrative decisions shall be based on findings that analyze the proposal for compliance with the Standards and Guidelines for Historical Rehabilitation and Preservation as set forth in Section 16.06 of this Title.
(10) Landmarks Commission staff may refer any application to the Landmarks Commission (a) due to the complexity of the application or the significance of a change proposed for a Landmark or Contributory Building or Site, or (b) if the staff reasonably believes it should consult the expertise available from members of the Commission. Landmarks Commission staff may routinely decide on requests to remove and replace architectural features with like materials. If architectural materials are proposed to be altered, staff shall consider referring such requests to the Landmarks Commission for action.
(11) Persons aggrieved by an administrative decision may appeal to the Landmarks Commission by filing a letter of appeal within ten (10) days of the date the decision is mailed. Such appeals shall be scheduled for action at the next meeting of the Landmarks Commission.
(12) Proposed repairs, alterations or additions to Historic Landmarks, if not administratively approved, are subject to the review of the Landmarks Commission and the subsequent review and approval of the Mayor, if the Commission’s decision is appealed. The purpose of such review is to ensure the preservation of historic materials and features to the greatest degree possible.
(a) Applications for building, and sign permits pertaining to designated Landmark properties, formally nominated landmarks, or any land located in a historic district, shall be forwarded by the Chief Building Official to the Landmarks Commission prior to their issuance.
(b) A permit applicant, in order to obtain a permit from the Building Inspection Division, shall file a request for a Certificate of Appropriateness with the Landmarks Commission staff on a form furnished by the Landmarks Commission.
(c) At its next scheduled meeting, the Landmarks Commission shall review applications received for compliance with “Standards for Rehabilitation,” promulgated by the United States Secretary of the Interior, hereafter referred to as “Standards” (see Chapter 16.06). A Certificate of Historic Appropriateness shall be issued by the Landmarks Commission for applications which comply with the provisions of this Title, within thirty (30) days after the filing of the application.
(d) A person whose application is found to be in noncompliance with the provisions of this Title, shall be offered a negotiating period of sixty (60) days, during which time the Landmarks Commission, together with the applicant, shall explore all means for proper repair, alteration or addition to the historic landmark, which may include the following:
(i) feasibility of modifications to the plans;
(ii) feasibility of alternative uses of the landmark;
(iii) feasibility of public acquisition or resale;
(iv) feasibility of acquiring easements; and
(v) feasibility of obtaining financial or other forms of assistance from preservation organizations.
If no solution is agreed upon within the initial sixty (60) days, the Landmarks Commission may offer the applicant an extension of sixty (60) days. If no solution is agreed upon at the conclusion of one hundred twenty (120) days, the Certificate of Historic Appropriateness shall be denied; consequently, the Building Official shall not issue any permits. Nevertheless, an applicant may, at any time after the conclusion of the initial hearing, elect to receive a final determination by the Landmarks Commission.
(e) An applicant who is aggrieved by a decision of the Landmarks Commission, may appeal that decision to the Mayor, subject to the procedures in Section 3.06.010, Provo City Code.
(f) Unless there is substantial action leading toward completion of the work described in the Certificate of Historic Appropriateness within a period of twelve (12) months from the date of approval, such approval shall expire, unless after reconsideration of the progress of the project an extension is approved by the Landmarks Commission.
(g) Under emergency situations, a subcommittee is hereby authorized upon twenty-four (24) hour notice to make special review of requests for Certificates of Appropriateness, and to make approvals of the same. The decision as to whether emergency conditions exist shall rest with the Commission Chair, or Vice-Chair in the absence of the Chair.