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HomeMy WebLinkAbout84 of 1980 - Amending sections 51-32-6 and 51-32-7 relating to the issuance of building permits and demolition pe ORDINANCE AN ORDINANCE AMENDING Sections 51-32-6 and 51-32-7 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to zoning of historic districts and landmark sites. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Purpose. The purpose of this ordinance is two- fold. The basic purpose is to clarify and eliminate any ambiguity in the existing ordinance by specifying that all construction or material exterior construction upon a landmark site or upon property located within an historic district of this City must be sensitive to and comply with the development standards set forth in Chapter 32 of Title 51 of these Revised Ordinances. The second purpose is to mitigate the impact on historic districts and their streetscapes caused by demolition of structures. The ordinance restates the present tool of the Landmarks Committee to discourage the demolition of structures which contribute to the unique historical character of the various districts by requiring a five-month delay on the issuance of demolition permits. The new ordinance also reflects the belief that property owners of these sites or districts have a special obligation to landscape and maintain lots where buildings are removed to ensure they do not become attractive nuisances, weed patches and eyesores to the streetscape. Additionally, in certain circumstances, such as within the basically commercial South Temple District and in other districts where structures are non-residential or contain more than two dwelling units, it is appropriate for the property owner to provide for landscaping and bonding to ensure faithful performance of the installation and maintenance of the landscaping following the structure's removal. SECTION 2. That Sections 51-32-6 and 51-32-7 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to zoning of historic districts and landmark sites, be, and the same hereby are, AMENDED as follows: (3'6 Sec. 51-32-6. Action upon application for permit to construct. A permit to: (a) construct a new building or structure; (b) materially change the exterior appearance, add to, reconstruct, or alter a landmark site or a building or structure into an historic district, or to a landmark site, shall not be issued until a complete application presented by the applicant is reviewed by the Historical Landmark Committee and approved by Planning, consistent with the standards hereinafter setforth. If the Landmark Committee recommends disapproval of the application, it shall state its reasons in writing, which shall stand unless overruled on appeal by a vote of the Planning Commission. Sec. 51-32-7. Demolition Permits. (a) Permit Required. No structure or building within an historical district and no landmark site shall be demolished or removed, without a permit bearing the approval of Planning, upon recommendation from the Historical Landmarks Committee, which may be obtained, as hereinafter provided. (b) Process of Reviews. All applications for such permits must be accompanied by post-demolition or post- removal schematic construction plans or landscaping plans for the site, which plans shall be submitted to the Historical Landmarks Committee for recommendation. Within sixty (60) days of presentation of complete application by the applicant at a regularly-scheduled meeting of the Committee, that Committee shall make its recommendation either: approving the demolition project as appropriate; or finding demolition inappropriate, in which case the Committee may defer the effective date of the approval for a five-month waiting period. In the event the delay period is invoked, the Committee may negotiate during the delay period with the owner and with any other interested parties, in an effort to find some means of preserving the building(s). If at the end of the five-month delay period, no solution has been agreed upon, the application shall be forwarded to Planning for approval and the issuance of the permit after compliance with applicable bonding requirements below. (c) Landscaping Plan and Bond. Prior to approval of any demolition permit, Planning shall review the post demolition or removal plans to determine if a faithful performance bond is required hereunder to ensure the installation and maintenance of sprinkled landscaping upon the regraded lot according to (1) the landscaping plan approved by the Committee, or (2) in absence thereof, a minimum standard of automatically sprinkled sodded grass, within six months following the demolition. Planning's decision to require a bond under this section may be appealed to the Planning Commission. If a bond is required, it must be issued by a corporate surety authorized to do business in Utah, in a form approved by the City Attorney or a cash bond under an escrow agreement approved as to form and terms by the City Attorney. Said bond shall be in an amount determined by Planning and shall be sufficient to cover the estimated costs, as determined by the City Engineer to (1) restore the grade as required by Title 5 of these Revised Ordinances; (2) install a working automatic sprinkling system; (3) revegetate and landscape with sodded grass; and (4) continuing obligation to maintain the same in an orderly, clean condition until a structure is constructed upon the site. Said bond shall require installation of landscaping -2- and sprinklers within six months, unless the owner has obtained a valid building permit and commenced pouring foundations. It shall be the owner's responsibility at all times to maintain the landscaped lot in an orderly, clean and good condition to avoid becoming an eyesore, weedpatch or otherwise detrimental to the streetscape or public health. Said bond shall be required under the following circumstances: (1) Upon applications involving property located within the South Temple Historic District; (2) Upon applications involving property located upon a Landmark Site; (3) Upon applications involving property within historic district where the building proposed for demolition or construction is non-residential in use or is residential, but contains three dwelling units or more. SECTION 3. In the opinion of the City Council of Salt Lake City, it is necessary to the peace, health and welfare of the inhabitants of Salt Lake City that this ordinance become effective immediately. SECTION 4. This ordinance shall take effect upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this 22nd day of July , 1980. l (J � s HAIRMAN ATTEST: CITY RECORDS Transmitted to Mayor on July 30, 1980 Mayor's Action: MAYOR ATTEST: CITY RECORDER (SEA L) BILL NO. 84 of 1980 Published August 6, 1980 -3- SI Affidavit of Publication STATE OF UTAH, ss. County of Salt Lake ORDINANCE Section S Nana D. Conaty AN ORDINANCE AMENDING akeC 61-32- and 65,51,32-1 as of the Revised Ordinances of Salt take City,Utah,1965. amended,relating to zoning of historic districts and landmark oltes. Be it ordained by the City. Council of Salt Lake ordinance Utah:c SECTION I.Purpose.The o clari of this r i a to a v Bein ambiguity the basic purpose 11 m clarify and eliminate an first dulysworn,deposes and says that he is legal arnblgpny in me existing ordinance by Speaiying that all gP eon tre=tien or rrraterial a iermr= trp<npn poor tand- advertising clerk of the DESERET NEWS, a daily ark site or epo:r pro, rip l to°fi comp a with ilt the district of develop- ment standards set form`tChapter32 of Tgbe1SI ofvthese (except Sunday) newspaper printed in the English RneviS d ordinances.The secant( whose Is to mitigate the lap language g dpact on historic districts and their ireetscapes dosed by g ge with general circulation in Utah, and emolition r rructures. the ordinance`restates the present County, in the tool of the of Commknee to discourage he demolition_ published i in Salt Lake City, Salt Lake terof sofuthe structures which districts by rMuirinpate to the lque a flve-mmonth.delay on State of Utah. the Issuance of demolition permits.The ne ordinance also reflects the belief that properly owners of these sites or dis- trict have a special obligation to landscape and maintain lots Ileac buildings nuisa are w 1r,n e°9 a they eyesores 1 become attractiveThat the legal notice of which a copy is attached hereto a cape.Additionally,In certain circumstances,Temple ict a he streets-other g the basically= rcialr South Templ District and other districts where structures are non-residential Or contain more f°�erlroao�aeipri'aalravhbaeP,oiainnio�hmeu°ePiin Pub notice to amend an ordinance relating to zoning owner performalxe at the installation and maintenance of the landscaping following the structure's removal. SECTION2.Tof Saltt S Lake ile,Utah,i and 51-oM a of the Reed. Of historic districts and landmark sites relatingOrdinancesto coning of slarickdistriicts 11965, ndmark sites,,be, and the same hereby are,AMENDED as follows: Sec.51-32-6.Action upon application for permit to construct. A permit to:(a)construct a new building or structure;lb) materially change tile exterior appearance,add to,reconst- ruct,or alter a landmark Site or a building or structure into d until a°ric district,or to a complete application presented by the ark site, °appl cantll not be)is r°e-- iewed by the Historical Landmark Committee and approved f the Landmark consistent Committeetire recommends erd rereinafter disapproval tof the application,it shall state Its reasons n welling,which shall stand unless overruled on appeal by a vole of the Planning Commission. • Sec.51-32.9. it Demolition Permits. was published in said newspaper on 9• fan Permit isto ka Required. and noulandmark site shall be Au 6, 1980 in or removed,without a permit bearing the approval of Planning,upon rtr.Omniendation from the Historical Landmarks Committee,which may be ob- tained,as herelnati o U 1 cerbnllPr t he Reviews.All applications for suck / / mp' d by pt l Uemolhlor or < IIA\ /( � post.remo I schematic construction laps Or land \ 1\,,�\ (-� \ _ /r(V_. r soaping plans for the site,which plans shall be submit- led /- -/ led to the historical Landmarks Committee for recom- mendation.Within sixty(6))flays ni presentation of Legal Advertising erk complete application by the applicant at a regularly- hheduled meeting of the Committee,that Committee dall make its recommendation either;approving the emoltin pr loci as appropriate:or finding demoli- tion Inappropriate,In which case the Committee may deter he effective date t the approval fora five- re me this 19th day of month waiing period.In on event the delay twrlod Is invoked, the Committee may negotiate during the delay period with the owner aid with any other Inte- rested parties,In do effort to find some means of pre A,D.19 8O delay periodunol solution n hasnb end of dfuvpon the application shall be�forwarded to Plarauling for aeerov- al and with applicabe le banding requirf the ements t after lowCOmpliance (ch Landscaping Plan and Bond.Prior to approval of a demolition permit,Planning shall review the post demolition or removal plans to determine If a _.z `�.. faithful rfurno bond Is required hereunder to ensure the Installation and mantenance of sprinkled ...,, ,•_- landscaping upon the regraded lot according to(1)the a `r✓'L•R,•!, landscaping Plaar approved by the committee,,or(1) NotaryPublic•. callysprinkled thereof, dasodded grass standard Osix automati- cally following the demolition. Planninn within decision to Wire a bond under this section may be appealed to the Planning Commission.If a hied is required,it must be Issued a corporate surety In Utah by a feces anp oned he tile lCityt Attorney lOrsa fash bond under an escrow agreement approved as to orm and terms by the City Attorney.Said hold shall suffiicient e In an to coved the estimated costs,as detd ermilned by the City Engineer to(1)restore the grade as re- quired by Title 5 of these Revised Ordinances;(2) Install a v Orkin automatic sprinkling system; (3) revegolate and landscape with sodded grass;and(4) continuing obligation to maintain the seine In a erly,clean condition until a structure is coastr'voted landscarpinglandaid Seninklersnwithingsix°mUUonth,,unless the owner iced en ring(ned foundations btl shall be thetow- nslbilite at all times to maintain the land. soaped slot in an orderly,clean and flood condition he avoid becoming aneedpatch orotherwise detrimental to the slrentscape or public health. Said bond shall be required under the following cir- cumstances: within)he South application elrHistorle properly strict;located Upon applications involving property located boon a Landmark Sit::: (3)Upon applications involving properly within historic district where the building proposed for demo- Mien a construction Is n residential In u or Is Sesidential.but contains three dwelling unit or more. ECTION 3,In the opinion of the City Council of Salt Lake inhabitants il is of Salt Lake City the peace, this ordinance become of effec- tive immediatelyy, Section 4.Tuts ordinance shall lake effect upon the date of Its first publication. Passed by the City Council of Sall Lake City,Utah,this 22nd day of July,1904). RONALD J.WHITEHEAD ATTEST: CHAIRMAN MILDRED V.HIGHAM CITY RECORDER Transmitted to Mayor on July 30,1980 Mayor's Action: TED I..WILSON MAYOR ATTEST: MILDRED V.HIGHAM CITY RECORDER (SEAL) BILL N0.54 of tom Published hoover 6,1950 C-9a