HomeMy WebLinkAbout06/01/2022 - Salt Lake City Historic Landmark Commission Policies and Procedures SALT LAKE CITY HISTORIC LANDMARK COMMISSION
Policies and Procedures
A. Organization
1. Election of Chair and Vice Chair: The Commission, at its regular meeting in
August, shall elect a Chair and Vice Chair who shall serve for a term of one
year each. Members shall be notified of the upcoming election of officers at
the meeting one month prior to the election. The chair or vice chair may be
elected to serve a maximum of two consecutive terms in the same office.
2. A special election may be called by a majority vote of the quorum of the
members present in the event the Chair or Vice Chair is unable to fulfill their
elected term.
3. Orientation: All new Historic Landmark Commissioners shall have an
orientation meeting with Planning Staff and observe one Historic Landmark
Commission meeting for orientation purposes.
4. Required Training: The Planning Director shall schedule additional commission
training as outlined by State Law or as necessary.
5. Duties of the Chair: The Chair is the presiding member at all meetings of the
Commission and shall provide general direction for the meetings. In addition to
being the presiding member, the Chair shall have the following duties:
a. To call the meeting to order on the day and the hour scheduled and proceed
with the order of business.
b. To announce the business before the Commission in the order in which it is
to be acted upon.
c. To receive and submit in the proper manner, all motions and propositions
presented by the members of the Commission.
d. To put to vote all questions which are properly moved, or necessarily arise
in the course of proceedings, and to announce the results of the motions.
e. To inform the Commission on any point of order or practice and in the
course of discharge of this duty, the Chair shall have the right to call upon
legal counsel for advice.
f. To serve as signatory of the Commission, affixing his/her signature on
documents as may be required by the law or otherwise deemed necessary
by the Commission.
g. To maintain order at the meetings of the Commission.
h. To move the agenda along and hold down redundancy by limiting the time
allowed for comments, if necessary, set guidelines for public input, and
reference handouts and procedure during meetings.
i. To recognize speakers and Commissioner prior to receiving comments and
presentation. The Chair shall not vote unless the vote is needed to break a
tie or to ensure a quorum of the Commission is voting.
6. Duties of the Vice Chair: The vice Chair, during the absence of the Chair,
shall have and perform all of the duties and functions of the Chair. Should the
Chair resign from the Commission, the Vice Chair shall serve as Chair until
elections are held at the next available meeting.
7. Temporary Chair: In the event of the absence, disability or conflict of interest
of both the Chair and the Vice Chair, the Planning Director shall appoint another
Historic Landmark Commission member to serve as Chair until the Chair or
Vice Chair returns. In such event, the temporary Chair shall have all the powers
and perform the functions and duties assigned to the Chair of the Commission.
8. Planner: A Planning Division staff person shall act as the liaison between the
Planning Division and the Commission. This staff person's duties shall include,
but not be limited to, setting agendas, preparing staff reports, and handling
administrative duties for the Commission. This person shall be the Planning
Director or his or her designee(s), and shall serve as an ex officio member of
the Commission without vote.
9. Secretary: A Planning Division secretary shall serve as secretary of the
Historic Landmark Commission. The secretary's duties are as follows:
a. To publish public notices of regular and special Historic Landmark
Commission meetings, consisting of a quorum, in accordance with the
noticing regulations of the Zoning Ordinance.
b. To attend every meeting of the Commission, to take and record the roll, to
read any communications, resolutions or other papers which may be
ordered to be read by the Chair of the meeting and to receive and bring to
the attention of the Commission all messages and other communication
from other sources.
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c. To keep and maintain a permanent record file of all documents and papers
pertaining to the Historic Landmark Commission meetings in accordance
with state law.
d. To ensure Commissioners receive materials pertinent to regularly
scheduled Commission meetings at least five (5) days prior to the Historic
Landmark Commission meetings.
e. Other administrative support duties necessary for the purpose and function
of the Commission.
B. Rights and Duties of Members
10. Meeting Attendance: Every member of the Commission shall attend the
sessions of the Commission unless unable to attend because of extenuating
circumstances. Any member desiring to be excused shall notify the secretary.
The secretary shall inform the Chair and the Planning Director, or his/her
appointed designee, of the absence.
a. If a Commission member misses three consecutive meetings or six
meetings in a calendar year, the Chair shall confer with the member
regarding the ability, interest, and commitment of the member to continue
membership on the Commission.
b. If the Commission member continues to miss meetings, the Chair shall
bring the matter to the full Commission. The Commission will decide upon
an appropriate recommendation to the Mayor as to whether removal of the
member from the Commission is appropriate as per section 21A.06. of the
Salt Lake City Code.
11. Leave of Absence: The Commission may grant its members leaves-of
absence not to exceed six months.
12. Conflict of Interest: No member of the Historic Landmark Commission shall
participate in or be present at the hearing or disposition of any matter in which
that member has any conflict of interest prohibited by Chapter 2.44 of the Salt
Lake City Code.
a. The Historic Landmark, Commission may, by majority vote of the quorum
of the members present, allow a member, otherwise required to leave due
to a conflict, to be present if required by special or unusual circumstances.
It is considered a special or unusual circumstance if the member's
presence is necessary to ensure the quorum requirement is maintained.
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The following gives additional clarification relating to addressing conflicts
of interest. A Historic Landmark Commission member may declare a
conflict of interest regarding specific agenda items. Members of the
Historic Landmark Commission who feel they or any other member of the
Commission may have an actual, apparent, or reasonably foreseeable
conflict of interest on any matter that is on the Commission agenda, shall
explain the apparent conflict to the Commission. The Commission may
then vote to decide whether the requested disqualification is justified.
After declaring a conflict of interest, a Historic Landmark Commission
member shall not participate in, or be present at, the public hearing unless
they need to be present if required by special or unusual circumstances,
nor participate in the discussion or vote of the matter, nor attempt to
influence other Commissioners before, during, or after the meeting and
during any appeal period. The following are additional guidelines for
conduct:
L There may be a conflict of interest if there are personal, familial
relationships, or financial ties between a Commission member and
proponent/opponent of any item of business.
iL A Historic Landmark Commission member may appear before the
Commission through their employment as an advocate or agent for an
applicant or as a property owner only after the Commissioner's
disqualification on the subject matter.
iii. A Commission member must not sell or offer to sell services or solicit
prospective clients or employment by stating an ability to influence the
decisions of any City board.
iv. A Commission member must not use the power of office to seek or
obtain a special advantage that is not in the public interest nor any
special advantage that is not a matter of public knowledge.
V. A Commission member shall not have any ex parte discussions
regarding any business before the Commission. For the purpose of
the Historic Landmark Commission policy, ex parte discussions
include any communication with interested parties of any issue coming
before the Historic Landmark Commission, prior to the Commission's
final decision.
vi. Conflict of interest rules, procedures and guidelines shall also apply to
the Architectural Committee, work sessions and other ad hoc
committees established by the Commission.
C. Meetings
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13. Place: All meetings of the Commission shall be held in a room of the City and
County Building, 451 South State Street, Salt Lake City, Utah, or at such other
place or by means of electronic meeting held in accordance with the law as
the Chair, Commission or Planning Director may designate. A meeting having
been convened at the place designated, may be adjourned by the Commission
to any other place within Salt Lake City for the sole purpose of investigating
some particular matter of business which may be more conveniently
investigated at such other place, or may be adjourned to any other room more
convenient for conducting the business, or conducted electronically authorized
by the law. In any of these circumstances, proper notice of meeting location,
including any publicly accessible electronic link in the event of an electronic
meeting shall be is posted for the general public.
14. Regular Meetings —Regular meetings of the Commission shall normally be
held on the first Thursday of each month or such other appropriate day as
determined by the Commission. The regular meetings shall generally begin at
5:30 P.M. At the discretion of the Chair, field trips or work sessions may be
held on another day as determined by the Commission, at 4:00 p.m. or at
another appropriate time. The Historic Landmark Commission shall normally
meet at least once a month.
15. Special Meetings: The secretary shall give notice of the time and purpose of
every special meeting of the Commission at least twenty-four (24) hours prior
to such meeting. Such notice shall be delivered to each member of the
Commission via email or by telephone.
16. Meetings — Matters Considered: Other business items pertaining to the
affairs of the Salt Lake City Historic Landmark Commission and falling within
the authority and jurisdiction of the Commission may be considered and acted
upon at any regular meeting of the Commission.
17. Quorum: A quorum of the Historic Landmark Commission shall be as defined
in the Salt Lake City Code Chapter 2.07.140. For purposes of determining
whether a quorum is present, all members present shall be counted, including
members who may abstain from a particular vote. A particular member is
considered present when they are physically present at the place identified in
paragraph 14 or are otherwise connected to the meeting via electronic means
and make their presence known.
D. Procedure — Order of Business
18. Order of business: The order of business shall generally be as follows:
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a. Field trip, if applicable;
b. Dinner, if applicable;
c. Work Session, if applicable;
d. Report of Chair and Vice Chair;
e. Report of Director or designee;
f. Approval of minutes from prior meeting(s);
g. General Comments to the Commission;
h. Roll taken by the secretary;
i. Consideration of agenda items; and,
j. Other business at the discretion of the Chair.
19. Field trips: On those occasions when site inspections are deemed advisable,
field trips should typically be held prior to the Historic Landmark Commission
meetings, and the time of the field trip to be posted on the agenda. Only
Historic Landmark Commission members and pertinent City Staff shall be
allowed to attend the field trip in the City-owned van. The public shall be
allowed at the sites of the field trip but are encouraged to present their case at
the Historic Landmark Commission meeting, not during the field trip. Public
comment is discouraged during the field trip and any public comment made
shall not include substantive information. Field trips shall be for the purpose
of gathering information, not for the discussion of decisions.
20. Agenda for Meetings: The Secretary, with the assistance of the Planning
Director or designee, shall prepare a written agenda for each meeting as far
in advance as possible and shall submit such agenda to each member of the
Commission at least five (5) days prior to each meeting.
21. Staff Report: All applications and projects presented to the Historic Landmark
Commission for its consideration should be accompanied by a staff report
detailing the overview, background, analysis, and Staff recommendations
which should typically include findings of fact and where applicable, conditions
for approval. Staff reports should address the portion of the Salt Lake City
Zoning Ordinance or other applicable development codes relevant to the
petition's request and how the request fits within the criteria of the ordinances
and applicable design guidelines. Staff reports should be as concise as
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possible while allowing for adequate coverage of the subject matter and shall
be made available to the petitioner and anyone else requesting a copy.
22. Delivery of Staff Reports. Copies of staff reports and other pertinent
materials shall be made available to the Historic Landmark Commission
members at least five (5) days prior to regularly scheduled Historic Landmark
Commission meetings.
23. Submission of Written Material: Any written material submitted for the
Historic Landmark Commission's consideration should be submitted to the
office of the Planning Division by Wednesday, at noon, eight days prior to the
meeting. This allows time for incorporation into the Historic Landmark
Commission packet. Materials submitted after the Wednesday deadline will
be emailed or handed out to Commission members as soon as is reasonably
practicable. Materials submitted after the Wednesday deadline are not
guaranteed to be given or reviewed by the Commission prior to the meeting.
24. Notification of Public Hearings: Notices of all items scheduled for Historic
Landmark Commission meetings shall be provided consistent with Salt Lake
City Code Chapter 21A.10. General Application and Public Hearing
Procedures. Anyone wishing to receive notice of Historic Landmark
Commission meeting agendas, copies of minutes and/or staff reports may be
placed on the regular e-mailing list or US Mail list by contacting the Planning
Division Secretary.
25. Minutes: The secretary shall attempt to provide the minutes to the
Commission within 5 days prior to the next meeting. The Commission shall
approve the minutes at a regularly scheduled public meeting with any
appropriate modifications, unless the Commission by majority vote of the
quorum of the members present determines that the minutes are substantially
inaccurate to the point where minor revisions will not adequately correct the
minutes to accurately reflect the meeting for which they were made.
E. Procedure — Order and Decorum
26. Order of Consideration of Items: The following procedure will normally be
observed; however, it may be rearranged by the Chair for individual items if
necessary for the expeditious conduct of business:
a. Item introduction by Chair;
b. Staff presentation and recommendation;
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c. Applicant presentation of proposal;
d. Opening of the public hearing portion of the meeting:
L Recognized Community Organization presentation/comment. There
shall be a five (5) minute maximum presentation, unless the Chair
authorizes additional time.
ii. General Public's comment; There shall be a two (2) minute maximum
per individual's presentation / comments, unless the Chair authorizes
additional time.
iii. Applicant's response to comments offered during the public hearing.
There shall be a five (5) minute maximum response time from the
applicant unless the Chair authorizes additional time.
e. Opening and Closing Public Hearings: The Chair shall open and close the
public portion of each hearing prior to Historic Landmark Commission's
discussion and vote on the matter;
f. Historic Landmark Commission discussion and vote: The discussion is
closed to staff, the petitioner, and public unless the Historic Landmark
Commission requests additional information. The Commission Chair may
outline possible actions- approval, approval with conditions, denial, or
continuation. If additional information is required, the public hearing portion
of the meeting may be reopened by the Chair.
27. Recess: The chair may call for a recess for a specific purpose while also
stipulating a specific time to reconvene the meeting. The time to reconvene
must be during the same day as the meeting in which the motion to recess
was made.
28. Public Comment at Work sessions and Retreats. During the course of
conducting Historic Landmark Commission business other than public
hearings, the Chair, after consulting with the Commission, may elect to receive
comment or take testimony from the audience. However, the Historic
Landmark Commission is not obligated to take any comment from the
audience and any comment is at the will of the Chair.
29. Adjournment: The Chair shall adjourn the meeting at the end of each Historic
Landmark Commission meeting.
F. Procedure— Motions
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30. Making Motions: Any Commission member, with the exception of the Chair,
may make or second a motion. Motions should state findings for approval or
denial within the motion:
a. Motions should state findings at the beginning of the motion followed by the
recommendation to the appropriate body, if any, and should be concluded
with the conditions of approval. The motion may refer to the staff report for
the detail of the findings of fact and conditions for approval if the author of
the motion finds them acceptable.
b. The staff will generally provide a motion sheet sufficient in detail to assist
the Commission in stating findings.
c. Motions may be repeated for clarification following discussion and prior to
the vote at the request of any Commissioner.
d. Commissioners may request advice from the City Attorney or members of
the Planning Division Management Team in the preparation, discussion,
and deliberation of motions during the meeting.
e. Conditions to motions for approval: Conditions placed on the approval of
an application must be germane to mitigating negative impacts relating to
the proposal or are necessary to ensure the project meets the regulatory
criteria.
f. Second Required: Each motion of the Commission must be seconded.
g. Withdrawing a Motion: After a motion is stated, the motion shall be in the
possession of the Commission but may be withdrawn by the author of the
motion prior to the vote. Withdrawal of a second is not necessary.
h. Motion to Table: A motion to table an agenda item for further study should
be accompanied by specific reasons for continuing the matter and
whenever possible, a specific date to rehear the matter should be
scheduled.
i. Amending Motions: When a motion is pending before the Commission, any
member may suggest an amendment without a second, at any time prior to
the Chair putting the motion to a vote. The amendment must be accepted
by the author and the second of the motion in order for it to amend the stated
motion. The author and the second may choose not to accept the
amendment.
j. Amending Amendments to Motions: An amendment to a motion may be
amended, no second required, at any time prior to the Chair putting the
motion to a vote. The amendment to the amendment must be accepted by
the author and the second of the motion in order for it to amend the stated
motion. The author and the second may choose not to accept the additional
amendment.
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k. Substitute Motions: A substitute motion may be made prior to a vote on the
original motion. A second is required on the substitute motion before a vote
on the substitute motion can occur.
G. Procedure: Debate/Questions
31. No member of the Commission shall question another member in debate
without obtaining the Commissioner's consent and to obtain such consent,
shall first address the Chair.
32. No member of the Commission shall ask a question of the public without first
obtaining permission of the Chair.
33. No member of the Commission shall debate with the applicant or a member
of the public during the public meeting. Opinions of the Commission members
should be voiced after the public hearing and should focus on the project and
not on individual (s).
H. Procedure — Voting
34. Voting: All business of the commission that requires a vote shall be done via
roll call vote. Commissioners who are present via electronic means shall vote
after their name is called by the Chair, Vice Chair, or other person conducting
the meeting in the absence of the Chair and Vice Chair. In conducting a roll
call vote, the conducting member shall vote last.
35. A Majority Vote required. A motion can only be approved by a majority vote
of the members present at the meeting.
36. Changing a Vote: No member may change his/her vote after the decision is
announced by the Chair or conducting member.
38. Abstention: Any member abstaining from a vote may remain seated at the
table and participate in the discussion. Reasons for abstention may be stated
at the time of the abstention and such reason shall not be considered a conflict
of interest.
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39. Explaining the Vote: After the vote is taken, any member of the Commission
desiring to explain his/her vote shall be allowed an opportunity to do so.
40. Not to Vote Unless Present: No member of the Commission is permitted to
vote on any motion unless the member is present when the vote is taken.
Commissioners who are connected to the meeting via electronic means shall
be considered present for the purpose of voting when they vote in a manner
that indicates their presence.
L Procedure — Suspension of Rules
41. Suspension or Alteration of Rules: No standing Policies and Procedures of
the Historic Landmark Commission shall be altered, amended, suspended, or
rescinded without the vote of a majority of a quorum present at the meeting.
J Summary of Actions
42. After the meeting, the Planning Division secretary will create a "Summary of
Actions" which includes the list of items acted upon and what action was taken
(approved, approved with conditions, tabled or denied). The Summary of
Actions shall be posted on the Planning Division website no later than the day
following the public meeting.
K Letter from Planner
43. After the Historic Landmark Commission hearing, the project planner shall
prepare a detailed record of decision letter for the applicant and property
owner(if different)which outlines the findings and decision of the Commission.
The letter shall be mailed or emailed within ten days from the action of the
Commission.
L. Modifications of Approved Applications
44. An approved application for a Certificate of Appropriateness may be modified
by a written request from the applicant to the Planning Director. Such a
request shall include a description of the proposed change and shall be
accompanied by elevations, plans, or sketches, where necessary. If the
Planning Director finds that the modification of an approved application
constitutes a substantial change, the applicant shall submit the information as
a new application to the full Commission for approval.
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M. Committees
45. The Historic Landmark Commission shall establish standing or ad hoc
committees, consisting of members from the full Commission, to address
specific issues or to perform specific tasks. These committees shall meet on
an as-needed basis. Their recommendations shall be forwarded to the
Historic Landmark Commission prior to the subsequent regularly scheduled
meeting.
46. Architectural Committee: It shall be the policy of the Historic Landmark
Commission that an Architectural Committee of the Commission shall be
available to meet with applicants to give them suggestions on various design
options of what might meet standards regarding their project upon the direction
of the Commission.
a. During a committee meeting, the Architectural Committee, collectively and
individually, shall not indicate the approval or disapproval of the
application. No advice or opinion given, or reported as having been given,
by any member of the Architectural Committee at such an informal
meeting shall be in any way official or binding. The Commission shall
direct the staff to issue final approval of projects reviewed by the
Architectural Committee or require the applicant to return to the
Commission for final review after the applicant has worked with the
Architectural Committee.
b. For applications regarding new construction, the applicant should first
meet with the Historic Landmark Commission in order to obtain a general
direction from all of the members of the Commission. Once the general
direction is given and the issues have been raised, the Historic Landmark
Commission may direct the applicant to meet with the Architectural
Committee to work out the technical details on the project.
c. The Planning staff attending the Architectural Committee shall take notes
of the discussion. The Staff members should help the Committee
members identify standards that need to be followed relating to the project
and ensure that suggestions of the Committee members are consistent
with those standards. The minutes of the Architectural Committee shall
be presented in written form to the Historic Landmark Commission prior
to their subsequent public hearing.
N. Recordation of Certificate of Appropriateness
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47. Records shall be kept of all administrative approvals. A written report of
these decisions shall be included in the Historic Landmark Commission
Annual Report and with each Commission meeting's packet of information.
O. Annual Report
48. The Planning Staff shall prepare an Annual Report to be presented to the
Historic Landmark Commission no later than at its regularly scheduled
meeting in March. The report shall include information about the number, type
and disposition of standard cases, administrative Certificates of
Appropriateness, and information regarding other City or Staff activities
involving historic preservation. The Annual Report will be compiled with
additional information detailing the activities of the Planning Division and
forwarded to the City Council and Mayor.
P. Approval and Amendment of Policies and Procedures
49. These Policies and Procedures may be amended by a majority vote of the
members present.
Q. Recording of Policies and Procedures
50. These rules and all subsequent amendments shall be recorded by the
Planning Division Secretary and copies shall be furnished to each member of
the Commission and posted to the Planning Division website.
Adopted by the Historic Landmark Commission on June 1, 2022.
Recorded on June 1, 2022 by Aubrey Clark, Administrative Assistant.
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