A. Heber City recognizes that the historical and cultural heritage of the community is among its most valued and important assets. It is therefore the intent of Heber City to identify, preserve, protect, and enhance historic buildings, structures, sites, objects, and districts lying within the city limits of Heber City.

B. Heber City recognizes we have very few historic buildings standing. We do have significant stories of those who have built this community, our founders and forefathers—our Heritage. The Preservation Commission will identity, protect, and enhance our heritage through in all ways possible making a “declaration of remembrance.”

C. As our unprecedented growth occurs, we also want to protect and enhance the cultural foundations that makes our community such a desirable place to live for all who already reside here, and for all who are moving here.

D. The Preservation Commission becomes a resource to Property Owners, not an obstacle to Property Rights, Preservation, and Improvement, with the Board’s mission, “What can we do to help?”

 A. Historic Preservation Commission (Commission) is hereby established with the following provisions:

1. Said Commission shall consist of at least five voting members, plus two non-voting alternates that vote in the event said alternates participate on the Commission in place of voting members, and a non-voting member of the City Council. Each member should have a demonstrated interest, competence, or knowledge in historic preservation, construction, facility management, administration and/or community service. Each member shall be appointed by the Mayor with advice and consent of the City Council. 2. 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, and architecture, or architectural history, engineering or law. 3. The terms of office for the appointive members of such Commission shall be two, four, and six years. Two shall be appointed for two years, two shall be appointed for four years, and one shall be appointed for six years. The term of office for the alternate(s) shall be for two years. Thereafter, the terms of office for each appointive member, except for the alternate(s), shall be six years. Vacancies occurring otherwise than through the expiration of term shall be filled by appointment by the Mayor, with the consent of the City Council.

B. The Commission will meet at least twice each year or more as needed, and conduct business in accordance with the Open Public Meeting laws of Utah. This includes public notification of meeting place, time, and agenda items.

A. Advise the City Council and other interested parties in the community on matters related to historic preservation and history.

B. Coordinate with other City entities and community organizations related to the community’s history and cultural affairs.

C. Conduct surveys of local historic properties in compliance with standards set by the State Historic Preservation Office.

D. Maintain an inventory of surveyed historic properties, including site forms and related support materials, in a publicly accessible location.

E. Participate in planning and land-use processes undertaken by the City that have the potential to affect historic properties.

F. Promote and conduct educational and interpretive programs related to the community’s history and historic properties.

G. Review and comment to the State Historic Preservation Office regarding all proposed National Register nominations of properties in the community.

H. Apply for and administer grants and other financial aid for historic preservation and history related projects in the city. I. The Preservation Commission should be a resource and support to Property Owners. It is not the intent of the Commission to unduly burden or be an obstacle to Property Rights, Preservation, and Improvement.

It is specifically not the intent of this Ordinance or Section to create a Historic District, nor that any provision herein be interpreted to do so, nor to violate State Code Section 10-9a-534, Regulation of building design elements prohibit -- Exceptions. In the event there is any conflict between State Code and this Ordinance, as to either creation of a Historic District, or prohibited regulation of building design elements, (specifically State Code Section 10-9a-534), this Ordinance and its above described intent shall govern and prevail. This ordinance shall not create a Historic District, nor regulate building design elements The following suggested guidelines shall be used by the Historic Preservation Commission in advising the City Council and other parties on the appropriate treatment of historic properties.

Design Guidelines for Rehabilitation. It is anticipated that the following guidelines would be implemented as talking points for discussions associated with potential or anticipated rehabilitation of historic properties in the area outlined in Exhibit 3. These guidelines should apply to historic buildings of all periods, styles, types, materials, and sizes. They should apply to both the exterior and the interior of historic buildings. The guidelines also encompass related landscape features and the building’s site and environment as well as attached, adjacent, or related new construction.

1. A property should 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 should be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property should be avoided. 3. Each property should 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, should not be undertaken. 4. Most properties change over time; those changes that have acquired historic significance in their own right should be retained and preserved. 5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property should be preserved. 6. Encouragement that deteriorated historic features should be repaired rather than replaced, where it is financially reasonable to do so. Where the severity of deterioration requires replacement of a distinctive feature, the new feature should match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features should be substantiated by documentary, physical, or pictorial evidence. 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials should not be used. The surface cleaning of structures, if appropriate, should be undertaken using the gentlest means possible. 8. Significant archeological resources affected by a project should be protected and preserved. If such resources must be disturbed, mitigation measures should be undertaken. 9. New additions, exterior alterations, or related new construction should not destroy historic materials that characterize the property. The new work should be differentiated from the old and should 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 should 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.