060 of 2015 - 21A.40.190 & 21A.34.020.F - small solar energy collection systems in historic districts & at landma R 15-1
P 15-19
SALT LAKE CITY ORDINANCE
No. 60 of 2015
(An ordinance amending Sections 21A.40.190 and 21A.34.020.F
of the Salt Lake City Code pertaining to small solar energy collection systems
in historic districts and at landmark sites)
An ordinance amending Sections 21A.40.190.B and 21A.34.020.F of the Salt Lake City Code
pursuant to Petition No.PLNPCM2014-00883 to modify regulations pertaining to small solar energy
collection systems in historic districts and at landmark sites.
WHEREAS,the Salt Lake City Planning Commission held a public hearing on February 11,
2015 to consider a petition submitted by Mayor Ralph Becker("Applicant")(Petition No.
PLNPCM2014-00883)to amend Section 21A.40.190(Zoning:Accessory Uses,Buildings and
Structures:Small Solar Energy Collection Systems)of the Salt Lake City Code to modify regulations
pertaining to small solar energy collections systems in historic districts and at landmark sites;and
WHEREAS,at its February 11,2015 hearing,the planning commission voted in favor of
transmitting a positive recommendation to the Salt Lake City Council on said petition;and
WHEREAS,prior to the city council hearing on this matter,it was discovered that additional
technical changes to Sections 21A.40.190(Zoning:Accessory Uses,Buildings and Structures:Small
Solar Energy Collection Systems)and 21A.34.020.F(Zoning:Overlay Districts:H Historic
Preservation Overlay District:Procedure for Issuance of Certificate of Appropriateness)of the Salt
Lake City Code would avoid inconsistencies and would be appropriate;and
WHEREAS,after a public hearing on this matter the city council has determined that
adopting this ordinance is in the city's best interests,
NOW,THEREFORE,be it ordained by the City Council of Salt Lake City,Utah:
SECTION 1. Amending the text of Salt Lake City Code Section 21 A.40.190. That
Section 21A.40.190.B of the Salt Lake City Code(Zoning:Accessory Uses,Buildings and
Structures:Small Solar Energy Collection Systems),shall be,and hereby is,amended to read as
follows:
A. Standards:All small solar energy collection systems shall comply with the following
requirements except as provided in subsection B of this section relating to small solar
energy collection systems in the historic preservation overlay districts.Per Section
21 A.34.020 of this title the historic landmark commission or staff have authority to
modify the setbacks,location and height to ensure compliance with the overlay district
regulations.Excluding subsection B of this section,if there is any conflict between the
provisions of this subsection and any other requirements of the zoning,site development,
and subdivision ordinances,the zoning administrator shall determine which requirements
apply to the project in order to achieve the highest level of neighborhood compatibility.
1. Setbacks,Location,and Height:
a. A freestanding small solar energy collection system shall be located a minimum
of six feet(6')from all property lines and other structures,except the structure on
which it is mounted.
b. A small solar energy collection system may be located on a principal or accessory
structure,including legal principal or accessory structures located less than the
required minimum setback for the zoning districts.
c. A small solar energy collection system shall not exceed by more than three feet
(3')the maximum building height(based on the type of building-principal or
accessory-the system is located on)permitted in the zoning district in which it is
located or shall not extend more than twelve feet(12')above the roofline of the
structure upon which it is mounted,whichever is less.
d. A development proposed to have a small solar energy collection system located
on the roof or attached to a structure,or an application to establish a system on an
existing structure,shall provide a structural certification as part of the building
permit application.
2. Coverage:A small solar energy collection system mounted to the roof of a building
shall not exceed ninety percent(90%)of the total roof area of the building upon
which it is installed.A system constructed as a separate accessory structure on the
ground shall count toward the total building and yard coverage limits for the lot on
which it is located.
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3. Code Compliance:Small solar energy collection systems shall comply with all
applicable building and electrical codes contained in the international building code
adopted by Salt Lake City.
4. Solar Easements:A property owner who has installed or intends to install a small
solar energy collection system shall be responsible for negotiating with other property
owners in the vicinity for any desired solar easement to protect solar access for the
system and shall record the easement with the Salt Lake County Recorder.
5. Off Street Parking and Loading Requirements:Small solar energy collection systems
shall not remove or encroach upon required parking or loading areas for other uses on
the site or access to such parking or loading areas.
B. Small Solar Collection Systems and Historic Preservation Overlay Districts or
Landmark Sites:
1. General:In addition to meeting the standards set forth in this section,all
applications to install a small solar collection system within the historic
preservation overlay district shall obtain a certificate of appropriateness prior to
installation. Small solar collection systems shall be allowed in accordance with
the location priorities detailed in subsection B.3 of this section. If there is any
conflict between the provisions of this subsection B,and any other requirements
of this section,the provisions of this subsection B shall take precedence.
2. Installation Standards:The small solar energy collection system shall be installed
in a location and manner on the building or lot that is least visible and obtrusive
and in such a way that causes the least impact to the historic integrity and
character of the historic building,structure,site or district while maintaining
efficient operation of the solar device. The system must be installed in such a
manner that it can be removed and not damage the historic building,structure,or
site it is associated with.
3. Small Solar Collection System Location Priorities:In approving appropriate
locations and manner of installation,consideration shall include the following
locations in the priority order they are set forth below. The method of installation
approved shall be the least visible from a public right of way,not including alleys,
and most compatible with the character defining features of the historic building,
structure,or site. Systems proposed for locations in subsections B.3.a through
B.3.e of this section,may be reviewed administratively as set forth in subsection
21A.34.020.F.1,"Administrative Decision",of this title. Systems proposed for
locations in subsection B.3.f of this section,shall be reviewed by the historic
landmark commission in accordance with the procedures set forth in subsection
21A.34.020.F.2,"Historic Landmark Commission",of this title.
a. Rear yard in a location not readily visible from a public right of way.
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b. On accessory buildings or structures in a location not readily visible from a
public right of way.
c. In a side yard in a location not readily visible from a public right of way.
d. On the principal building in a location not readily visible from a public right
of way.
e. On the principal building in a location that may be visible from a public right
of way,but not on the structure's front façade.
f. On the front façade of the principal building in a location most compatible
with the character defining features of the structure.
SECTION 2. Amending the text of Salt Lake City Code Section 21A.34.020.F. That
Section 21A.34.020.F of the Salt Lake City Code(Zoning:Overlay Districts:H Historic
Preservation Overlay District:Procedure for Issuance of Certificate of Appropriateness),shall
be,and hereby is,amended to read as follows:
F. Procedure for Issuance of Certificate of Appropriateness:
1. Administrative Decision:Certain types of construction or demolition may be
approved administratively subject to the following procedures:
a. Types of Construction:The following may be approved by administrative
decision:
(1)Minor alteration of or addition to a landmark site or contributing site and/or
structure;
(2) Substantial alteration of or addition to a noncontributing site;
(3)Partial demolition of either a landmark site or a contributing structure;
(4)Demolition of an accessory structure;
(5)Demolition of a noncontributing structure;and
(6)Installation of solar energy collection systems on the front façade of the
principal building in a location most compatible with the character defining
features of the home pursuant to Section 21A.40.190 of this title.
b. Submission of Application:An application for a certificate of appropriateness
shall be made on a form prepared by the planning director or designee,and shall
be submitted to the planning division.The planning director shall make a
determination of completeness pursuant to Chapter 21 A.10 of this title,and shall
forward the application for review and decision.
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c. Materials Submitted with Application:The application shall include photographs,
construction drawings,and other documentation such as an architectural or
massing model,window frame sections and samples deemed necessary to
consider the application properly and completely.
d. Fees:No application fee will be required for a certificate of appropriateness that is
administratively approved.
e. Notice for Application for Demolition of a Noncontributing Structure:An
application for demolition of a noncontributing structure shall require notice for
determination of noncontributing sites pursuant to Chapter 21A.10 of this title.
The applicant shall be responsible for payment of all fees established for
providing the public notice required by Chapter 21A.10 of this title.
f. Standards for Approval:The application shall be reviewed according to the
standards set forth in subsections G and 11 of this section,whichever is applicable.
g. Review and Decision by the Planning Director:On the basis of written findings of
fact,the planning director or the planning director's designee shall either approve
or conditionally approve the certificate of appropriateness based on the standards
in subsections G and 11 of this section,whichever is applicable,within thirty(30)
days following receipt of a completed application.'Ile decision of the planning
director shall become effective at the time the decision is made.
h. Referral of Application by Planning Director to Historic Landmark Commission:
The planning director may refer any application to the historic landmark
commission due to the complexity of the application,the significance of change
to the landmark site or contributing structure in the H Historic Preservation
Overlay District,or the need for consultation for expertise regarding architectural,
construction or preservation issues.
2. Historic Landmark Commission:Certain types of construction,demolition and
relocation shall only be allowed to be approved by the historic landmark commission
subject to the following procedures:
a. Types of Construction:The following shall be reviewed by the historic landmark
commission:
(I) Substantial alteration or addition to a landmark site or contributing
structure/site;
(2)New construction of principal building in H Historic Preservation Overlay
District;
(3) Relocation of landmark site or contributing site;
(4) Demolition of landmark site or contributing site;
(5) Applications for administrative approval referred by the planning director;and
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(6) Installation of solar energy collection systems pursuant to Section 21A.40.190
of this title.
b. Submission of Application:The procedure for an application for a certificate of
appropriateness shall be the same as specified in subsection F.1.b of this section.
c. Fees:The application shall be accompanied by the applicable fees shown on the
Salt Lake City consolidated fee schedule.The applicant shall also be responsible
for payment of all fees established for providing the public notice required by
Chapter 21 A.10 of this title.
d. Materials Submitted with Application:The requirements for the materials to be
submitted upon application for a certificate of appropriateness shall be the same
as specified in subsection F.1.c of this section.Applications for a certificate of
appropriateness for demolition shall also submit a reuse plan for the property.
e. Notice:Applications for a certificate of appropriateness shall require notice
pursuant to Chapter 21 A.10 of this title.
f. Public Hearing:Applications for a certificate of appropriateness shall require a
public hearing pursuant to Chapter 21 A.10 of this title.
g. Standards for Approval:The application shall he reviewed according to the
standards set forth in subsections G through L of this section,whichever are
applicable.
h. Review and Decision by the Historic Landmark Commission:The historic
landmark commission shall make a decision at a regularly scheduled meeting,
within sixty(60)days following receipt of a completed application,except that a
review and decision on an application for a certificate of appropriateness for
demolition of a landmark site or contributing structure declaring an economic
hardship shall be made within one hundred twenty(120)days following receipt of
a completed application.
(1) After reviewing all materials submitted for the case,the recommendation of
the planning division and conducting a field inspection,if necessary,the
historic landmark commission shall make written findings of fact based on the
standards of approval as outlined in this subsection F through subsection L,of
this section,whichever are applicable.
(2) On the basis of its written findings of fact the historic landmark commission
shall either approve,deny or conditionally approve the certificate of
appropriateness.A decision on an application for a certificate of
appropriateness for demolition of a contributing structure may be deferred for
up to one year pursuant to subsections L and M of this section.
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(3)The decision of the historic landmark commission shall become effective at
the time the decision is made.Demolition permits for landmark sites or
contributing structures shall not be issued until the appeal period has expired.
(4)Written notice of the decision of the historic landmark commission on the
application,including a copy of the findings of fact,shall be sent by first class
mail to the applicant within ten(10)working days following the historic
landmark commission's decision.
i. Appeal of Historic Landmark Commission Decision to Appeals Hearing Officer:
The applicant,any owner of abutting property or of property located within the
same H Historic Preservation Overlay District,any recognized organization
pursuant to Title 2,Chapter 2.60 of this code,the Utah State Historical Society or
the Utah Heritage Foundation,aggrieved by the historic landmark commission's
decision,may object to the decision by filing a written appeal with the appeals
hearing officer within ten(10)calendar days following the date on which a record
of decision is issued.The filing of the appeal shall stay the decision of the historic
landmark commission pending the outcome of the appeal,except that the filing of
the appeal shall not stay the decision of the historic landmark commission if such
decision defers a demolition request for up to one year pursuant to the provisions
of subsections L and M of this section.
j. Review by City Attorney:Following the filing of an appeal to the appeals hearing
officer of a decision of the historic landmark commission to deny or defer a
certificate of appropriateness for demolition,the planning director shall secure an
opinion of the city attorney evaluating whether the denial or deferral of a decision
of the demolition would result in an unconstitutional taking of property without
just compensation under the Utah and United States constitutions or otherwise
violate any applicable constitutional provision,law,ordinance or regulation.
k. Appeal of Appeals Hearing Officer Decision to District Court:Any party
aggrieved by the decision of the appeals hearing officer may file a petition for
review with the district court within thirty(30)days following the decision of the
appeals hearing officer.The filing of an appeal of the appeals hearing officer
decision shall stay the decision of the appeals hearing officer pending the outcome
of the appeal,except that the filing of the appeal shall not stay the decision of the
appeals hearing officer if such decision defers a demolition request for up to one
year pursuant to the provisions of subsections L and M of this section.
SECTION 3. Effective Date. This ordinance shall become effective on the date of its
first publication.
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Passed by the City Council of Salt Lake City,Utah,this 10 day of November
2015.
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CITY RECORDER
Transmitted to Mayor on November19, 2015
Mayor's Action: {/ Approved. Vetoed.
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$' •,z ,firCITYRECORDE r - �, s 1,(SEAL) ��I RpORA'tE APPROVED AS TO FORM
wMcva;:-. Salt Lake City Attorney's Office
Date: z15
Bill No. 60 of 2015.
Published:November 27, 20.15 ey.
P I C. iel n, a'r City Attorney
H B_ATIY-#43658-v4-Ordinance_amending_small_solar_collection_sysems_hisloric_districts.DOCX
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