The preservation, restoration, re-use and/or incorporation of historically significant buildings into new development within the MCCD zone is encouraged wherever possible. Applications for design review approval that include the alteration, renovation, or demolition in whole or in part of any of the historically significant buildings identified herein shall be subject to special considerations outlined in this section.
A. Designation Of Historically Significant Buildings: A list of designated historically significant buildings located within the MCCD zone shall be maintained by the Community and Economic Development Department. Buildings designated as historically significant are subject to the special considerations of this section. A property owner may remove their property from the list of designated historically significant buildings by submitting a written request to the Community and Economic Development Department or the office of the Mayor. The City shall update the list and respond in writing to the property owner demonstrating the removal within thirty (30) days of the receipt of the written request. The Mayor shall notify the City Council of the removal of a property from the list of historically significant buildings within thirty (30) days of the removal.
B. Relocation: Relocation of an existing significant historic building is allowed if approved by the Planning Commission after following the design review approval process, if it can be demonstrated that the historical character of the building can be preserved. Application and permit fees for projects involving the relocation of historically significant buildings will be waived. Fees to be waived include fees for design review approval, conditional use permits, building permits, sign permits, land disturbance permits, and excavation permits.
C. Renovation: Any renovation of all or part of a historically significant building will be considered a major alteration. Application and permit fees for projects involving the renovation of historically significant buildings will be waived. Fees to be waived include fees for design review approval, conditional use permits, building permits, sign permits, land disturbance permits, and excavation permits.
D. Alteration And/Or Demolition: Alteration or demolition of designated historically significant buildings is considered a major alteration and requires design review approval. Design review approval for projects involving the demolition of designated historically significant buildings is subject to the following requirements:
1. Adherence: The Planning Commission must find that the proposed development requiring demolition of the historically significant building demonstrates adherence to the goals and objectives of the Murray City General Plan and the MCCD Zone.
2. Monument: If demolition is granted, the applicant must propose and install a monument with a narrative inscription describing the historical significance of the building, or a public arts project commemorating the same. The monument or commemoration should be incorporated into the project at or near the original location of the historically significant building and will be installed at the applicant's expense. The location, design, and content of the narrative inscription of the monument must be reviewed by the Murray City History Advisory Board for recommendation to the Planning Commission as a component of the design review application.
3. Memorandum Of Understanding: A memorandum of understanding must be executed between the City and applicant regarding the project. The memorandum of understanding must be approved by the City Council prior to the issuance of demolition permits. The memorandum of understanding must establish the following:
a. That there is immediacy of the project and thus for demolition. A development time-line must be submitted demonstrating a twenty four (24) month project completion period for that portion of the project where a historically significant building is to be demolished.
b. That demolition of the historically significant building shall not occur until a building permit has been issued for the proposed development or phase of the development that requires the demolition.
c. That the History Advisory Board has approved a monument and inscription as required by this section. The memorandum will establish the receipt of a bond from the applicant with the City to provide for the installation of the monument and inscription.
E. Land Use, Interior Arrangement, Maintenance, Emergency Repairs Not Considered:
1. Nothing herein shall be construed to prevent a property owner from making any use of his or her property not prohibited by other statutes, ordinances, or regulations.
2. The ordinary maintenance or repair of any exterior architectural feature of a building in areas which do not involve replacing the feature or a change in design, material, color, or outer appearance thereof, shall not be prevented by the requirements of this chapter.
3. Nothing in this chapter shall be construed to prevent:
a. The maintenance; or
b. In the event of an emergency, the immediate restoration of any existing aboveground utility structure without approval by the Commission.
4. The construction, reconstruction, alteration, restoration, moving or demolition of any exterior architectural features, which the City building inspector or similar official shall certify is required for public safety because of an unsafe or dangerous condition, shall not be prevented by the requirements of this chapter. (Ord. 21-21: Ord. 19-40)