A. Creation; Membership; Compensation: In order to execute the purposes declared in this title, there is created the Ogden City landmarks commission, which shall consist of nine (9) voting members. The membership of the commission shall consist of one member of the city planning commission, one architect with experience in historic preservation, one realtor, one historian whose credentials meet the criteria for the federal local government certification program, two (2) representatives of designated historic districts, one representative from the Weber County Heritage Foundation, and two (2) members at large other than represented above. Members of the commission shall serve without compensation.
B. Appointment; Term: All members of the commission, except the planning commission representative, shall be appointed by the mayor, with the advice and consent of the city council and will serve for a term of three (3) years or until their successor is appointed. Appointments shall be made so that the composition specified in this section is maintained. The planning commission representative will be recommended yearly by the planning commission with the approval of the mayor, with the advice and consent of the city council.
C. Vacancies; Removal: Vacancies occurring in the membership of the commission other than by expiration of term of office shall be filled by the mayor with the advice and consent of the city council for the unexpired term. Members of the commission may be removed by the mayor for cause.
D. Conditions For Appointment: In order to be appointed to the commission, a member must be a resident, own property or operate a business within the city.
E. Staff Assistance: Staff assistance will be provided by the community and economic development department, which staff assistance shall include the following duties:
1. Keep commission records;
2. Provide information and answer inquiries concerning historic preservation;
3. Prepare and handle correspondence of the commission;
4. Perform the technical work of the commission;
5. Encourage and advise owners in the protection, enhancement, and perpetuation of historic resources;
6. Carry out, assist and collaborate in studies and programs designed to further the intent of this title, and consider methods, other than those provided for in this title, for encouraging and achieving historic preservation and make recommendations as appropriate to the commission;
7. Consult with and consider the ideas and recommendations of civic groups, public agencies and citizens interested in historic preservation; and
8. Coordinate the business of the commission with the inspection services division, planning commission, board of zoning adjustment and site plan review committee.
F. Operating Procedures:
1. Election Of Chair And Vice Chair: The commission shall elect from its membership a chair and a vice chair elect, who shall serve for terms of one year or until their successor is elected.
2. Quorum: A majority of the current appointed members of the commission shall constitute a quorum for the transaction of business. At no time shall the quorum be less than five (5) members. All official actions of the commission shall require a majority vote of the members present and voting.
3. Adopt Rules And Procedures: The commission shall adopt rules and procedures for the conduct of its business and meetings, which rules and procedures shall not be inconsistent with law or ordinance.
G. Meetings:
1. Monthly: Regular meetings shall be held at least monthly. The notices for the meetings shall meet the requirements of the Utah public and open meetings law. Written notification shall be sent to the applicant.
2. Minutes; Filing: All meetings of the commission shall be open to the public. The commission shall take minutes of its meetings, copies of which shall be filed with the city recorder's office as part of the official records of the city. Records of the commission shall be filed in the office of the community and economic development department.
H. Duties And Powers: The major duties and powers of the landmarks commission shall be:
1. Recommend Amendments: To recommend the amendments to the preservation element of the Ogden City general plan to the planning commission and city council;
2. Designate Historic Resources: To designate historic resources as provided in section 17-2-2 of this title;
3. Review Certificate Applications: To review applications from both private agents or government entities for certificates of historic appropriateness concerning any alterations affecting, visually or structurally, a designated or formally nominated historic resource, including, but not limited to, alterations that require a permit from the building services division;
4. Interior Arrangement: To disregard interior arrangement and building features unless the interior also has been designated; nor shall it make any requirement except for the purposes of preventing development, alteration, demolition, or significant deterioration that is obviously incongruous to a designated or formally nominated historic resource, as determined by the commission;
5. Use Of Land: To not consider the use of land or buildings; which is regulated by the zoning title; however, the landmarks commission may review all petitions for rezoning which may affect designated, or formally nominated, historic resources and such recommendations shall be forwarded to the city council;
6. Review Loan Applications: To review applications for community development historical resource loans for buildings which are not on the Ogden City register of historic resources to determine the historic appropriateness of the application. (Recommendations of the commission shall be forwarded to the Ogden City redevelopment agency (RDA).);
7. Recommend Policies And Procedures: To recommend future policies, programs, or ordinances to the city council, the mayor, and the planning commission which will further the purposes of historic preservation, as stated in section 17-1-1 of this chapter;
8. Enforce Laws: To implement and seek enforcement of the Utah state and Ogden City preservation laws;
a. To file a formal, written request to the building official to investigate an alleged demolition by neglect of a historic resource, to determine if the relevant property suffers from significant deterioration amounting to demolition by neglect, and to order repair upon such determination; or
b. To file a formal, written request to the city attorney to file a petition for injunctive relief and civil penalties in district court. The petition to enjoin ongoing significant deterioration and to require repair and maintenance of a historic resource may be filed only by the Ogden City attorney on behalf of the city of Ogden;
10. Conduct Certain Proceedings: To conduct hearings and make determinations on an owner's petition for undue economic hardship as provided in section 17-5-6 of this title;
11. Review Nominations: To review nominations for the national register of historic places as referred to the commission by the Utah state division of history.
(Ord. 2013-17, 4-2-2013)