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067 of 2016 - An ordinance amending various sections of Title 21A (Zoning) of the Salt Lake City Code pertaining t 0 16-1 P 16-30 SALT LAKE CITY ORDINANCE No. 67 of2016 (An ordinance amending various sections of Title 21A(Zoning) of the Salt Lake City Code pertaining to the local historic district designation process) An ordinance amending certain sections of Title 21A(Zoning)of the Salt Lake City Code pursuant to Petition No.PLNPCM2015-00149 pertaining to the local historic district designation process. WHEREAS,the Salt Lake City Historic Landmark Commission held a public hearing on December 3,2015 to consider a request made by the Salt Lake City Mayor(Petition No. PLNPCM2015-00149)to amend the text of Sections 21 A.34.020(Zoning:Overlay Districts:H Historic Preservation Overlay District)and 21A.50.060(Zoning:Amendments:Limitation on Amendments)of the Salt Lake City Code to modify the local historic district designation process; and WHEREAS,at its December 3,2015 hearing,the historic landmark commission voted in favor of forwarding a positive recommendation to the planning commission and city council on said petition;and WHEREAS,the Salt Lake City Planning Commission held a public hearing on January 27, 2016 on said petition;and WHEREAS,at its January 27,2016 hearing,the planning commission voted in favor of recommending to the Salt Lake City Council that the city council amend the sections of Title 21A of the Salt Lake City Code identified herein;and WHEREAS,the Utah Legislature,during its 2016 general session,adopted H.B.223(3rd Substitute),which establishes various requirements for the creation of local historic districts when initiated by citizen petitions;and WHEREAS,this ordinance incorporates the H.B.223 mandates;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 text of Salt Lake City Code Section 21 A.34.020. That Section 21A.34.020(Zoning:Overlay Districts:H Historic Preservation Overlay District)of the Salt Lake City Code,shall be,and hereby is,amended to as follows: a. That Section 21A.34.020.B is amended to read as follows: B.Definitions: 1. L ocal Historic District:A geographically or thematically definable area within the H historic preservation overlay district designated by the city council pursuant to the provisions of this section,which contains buildings,structures,sites,objects, landscape features,archeological sites and works of art,or a combination thereof, that contributes to the historic preservation goals of Salt Lake City. 2. Contributing Structure: A contributing structure is a structure or site within the H Historic Preservation Overlay District that meets the criteria outlined in subsection C.15 of this section and is of moderate importance to the city,state, region or nation because it imparts artistic,historic or cultural values.A contributing structure has its major character defining features intact and although minor alterations may have occurred they are generally reversible.Historic materials may have been covered but evidence indicates they are intact. 3. No ncontributing Structure:A noncontributing structure is a structure within the H Historic Preservation Overlay District that does not meet the criteria listed in subsection C.15 of this section.The major character defining features have been so altered as to make the original and/or historic form,materials and details indistinguishable and alterations are irreversible.Noncontributing structures may also include those which are less than fifty(50)years old. 4. L andmark Site:A landmark site is any site included on the Salt Lake City register of cultural resources that meets the criteria outlined in subsection C.15 of this section.Such sites are of exceptional importance to the city,state,region or nation and impart high artistic,historic or cultural values.A landmark site clearly 2 conveys a sense of time and place and enables the public to interpret the historic character of the site. 5. New Construction:The b uilding of a new principal building within the H Historic Preservation Overlay District or on a landmark site. 6. Demolition:An y act or process which destroys a structure,object or property within the H Historic Preservation Overlay District or a landmark site.(See subsection B.7 of this section.) 7. Demolition,Partial:Parti al demolition includes any act which destroys a portion of a structure consisting of not more than twenty five percent(25%)of the floor area of the structure,and where the portion of the structure to be demolished is not readily visible from the street.Partial demolition also includes the demolition or removal of additions or materials not of the historic period on any exterior elevation exceeding twenty five percent(25%)when the demolition is part of an act of restoring original historic elements of a structure and/or restoring a structure to its historical mass and size. 8. Thematic Desi gnation:A collection of individual sites,buildings,structures,or features which are contained in two(2)or more geographically separate areas that are united together by historical,architectural,or aesthetic characteristics and contribute to the historic preservation goals of Salt Lake City by protecting historical,architectural,or aesthetic interest or value. 9. Historic Resourc e Survey:A historic resource survey is a systematic resource for identifying and evaluating the quantity and quality of historic resources for land use planning purposes following the guidelines and forms of the Utah state historic preservation office. a. Reconnaissance level surveys(RLS)is the most basic approach for systematically documenting and evaluating historic buildings in Utah communities and involves only a visual evaluation of properties. b. I ntensive level surveys(ILS)include in depth research involving research on the property and its owners,documentation of the property's physical appearance and completion of the Utah state historic offices historic site form. 10.Design Guidelines:The design guidelines provide guidance in determining the suitability and architectural compatibility of proposed maintenance,repair, alteration or new construction while at the same time,allowing for reasonable changes that meet current needs of properties located within the historic preservation overlay district.For architects,designers,contractors and property owners,they provide guidance in planning and designing future projects.For city staff and the historic landmark commission,they provide guidance for the 3 interpretation of the zoning ordinance standards.Design guidelines are officially adopted by city council. b. That Section 21A.34.020.0 is amended to read as follows: C. Designation of a Landmark Site,Local Historic District or Thematic Designation; H Historic Preservation Overlay District: 1. I ntent:Salt Lake City will consider the designation of a landmark site,or thematic designation in order to protect the best examples of historic resources which represent significant elements of the city's prehistory,history,development patterns or architecture.Designation of a local historic district must be in the best interest of the city and achieve a reasonable balance between private property rights and the public interest in preserving the city's cultural,historic,and architectural heritage.The city council shall determine that designation of a landmark site,local historic district or thematic designation is the best method of preserving a unique element of history important to understanding the prehistory or history of the area encompassed by the current Salt Lake City corporate boundaries. 2. Cit y Council May Designate or Amend Landmark Sites,Local Historic Districts or Thematic Designations:Pursuant to the procedures in this section and the standards for general amendments in Section 21A.50.050 of this title the city council may by ordinance apply the H Historic Preservation Overlay District and: a. Designate as a landmark site an individual building,structure or feature or an integrated group of buildings,structures or features on a single lot or site having exceptional importance to the city,state,region or nation and impart high artistic,historic or cultural values.A landmark site clearly conveys a sense of time and place and enables the public to interpret the historic character of the site; b. Design ate as a local historic district a contiguous area with a minimum district size of one"block face",as defined in Section 21A.62.040 of this title, containing a number of sites,buildings,structures or features that contribute to the historic preservation goals of Salt Lake City by protecting historical, architectural,or aesthetic interest or value and constituting a distinct section of the city; c. Designate as a thematic designation a collection of sites,buildings,structures, or features which are contained in two(2)or more geographically separate areas that are united together by historical,architectural,or aesthetic characteristics and contribute to the historic preservation goals of Salt Lake City by protecting historical,architectural,or aesthetic interest or value;and 4 d. Amend desi gnations to add or remove features or property to or from a landmark site,local historic district or thematic designation. 3. Pre-application Conference:Prior to the submittal of an application for the designation or amendment to a landmark site(s),local historic district(s)or thematic designation(s),and prior to gathering any signatures in support of such an application,a potential applicant shall attend a pre-application conference with the planning director or designee. The purpose of this meeting is to discuss the merits of the proposed designation and the amendment processes as outlined in this section. 4. Notification of Aff ected Property Owners:Following the pre-application conference outlined in Section 21A.34.20.C.3 and prior to the submittal of an application for the designation or amendment to a local historic district(s)or thematic designation(s),the city shall send by first class mail a neutral informational pamphlet to owners of record for each property potentially affected by a forthcoming application. The informational pamphlet shall contain,at a minimum,a description of the process to create a local historic district and will also list the pros and cons of a local historic district. The informational pamphlet shall be mailed after a potential applicant submits to the city a finalized proposed boundary of an area to be included in the H Historic Preservation Overlay District. Once the city sends the informational pamphlet,property owner signature gathering may begin per Section 21A.34.020.C.5.b. The informational pamphlet sent shall remain valid for 90 days. If an application is not filed with the city within 90 days after the date that the informational pamphlet was mailed, the city shall close its file on the matter. Any subsequent proposal must begin the application process again. 5. Petition Initiation for Designation of a Landmark Site,Local Historic District or Thematic Designation: a. Petition Initiation for H Historic Preservation Overlay District;Landmark Site:Any owner of property proposed for a landmark site,the mayor or the city council,by majority vote,may initiate a petition to consider the designation of a landmark site. b. Petition Initiation for H Historic Preservation Overlay District;Local Historic District or Thematic Designation:A property owner initiating such a petition shall demonstrate,in writing,support of more than thirty-three percent(33%) of the property owners of lots or parcels within the proposed boundaries of an area to be included in the H Historic Preservation Overlay District.The mayor or the city council,by a majority vote,may initiate a petition to consider designation of a local historic district or thematic designation. (1)For purposes of this subsection,a lot or parcel of real property may not be included in the calculation of the required percentage unless the 5 application is signed by property owners representing at least 50%of the interest in that lot or parcel. (2)Each lot or parcel of real property may only be counted once toward the thirty-three percent(33%),regardless of the number of owner signatures obtained for that lot or parcel. (3)Signatures obtained to demonstrate support of more than thirty-three percent(33%)of the property owners within the boundary of the proposed local historic district or thematic designation must be gathered within a period of ninety(90)days as counted between the date that the informational pamphlet was mailed as required per Section 21A.34.020.C.4 and the date of the last required signature. c. Fees:No application fee will be required for a petition initiated by a property owner for designation of a property to the H Historic Preservation Overlay District. 6. Notice of Designation Application Letter: Following the receipt by the city of an application for the designation or amendment to a local historic district(s)or thematic designation(s),the city shall send a Notice of Designation Application Letter to owner(s)of record for each property affected by said application along with a second copy of the informational pamphlet described in Section 21A.31.020.C.4. In the event that no application is received following the 90 day period of property owner signature gathering,the city will send a letter to property owner(s)of record stating that no application has been filed,and that the city has closed its file on the matter. 7. Planning Dire ctor Report to the City Council:Following the initiation of a petition to designate a landmark site or a local historic district or thematic designation,the planning director shall submit a report based on the following considerations to the city council: a. Whether a current survey meeting the standards prescribed by the state historic preservation office is available for the landmark site or the area proposed for a local historic district or thematic designation.If a suitable survey is not available,the report shall propose a strategy to gather the needed survey data. b. The city administration will determine the priority of the petition and determine whether there is sufficient funding and staff resources available to allow the planning division to complete a community outreach process, historic resource analysis and to provide ongoing administration of the new landmark site,local historic district or thematic designation if the designation is approved by the city council.If sufficient funding is not available,the report shall include a proposed budget. 6 c. Whether the proposed designation is generally consistent with the purposes, goals,objectives and policies of the city as stated through its various adopted planning documents. d. Whether the proposed d esignation would generally be in the public interest. e. Whether there is probable cause to believe that the proposed landmark site, local historic district or thematic designation may be eligible for designation consistent with the purposes and designation criteria in subsection C.15 of this section and the zoning map amendment criteria in Section 21A.50.050, "Standards for General Amendments",of this title. f. Verification that a neutral informational pamphlet was sent per Section 21A.34.020.C.4 to all property owners within a proposed local historic district following the pre-submittal process outlined in Section 21A.34.020.C.3. 8. Property Owner Meeting:Following the submission of the planning director's report and acceptance of the report by the city council,the planning division will conduct a community outreach process to inform the owners of property within the proposed boundaries of the proposed landmark site,local historic district or thematic designation about the following: a. The designation process,including determining the level of property owner support,the public hearing process,and final decision making process by the city council;and b. Zonin g ordinance requirements affecting properties located within the H Historic Preservation Overlay District,adopted design guidelines,the design review process for alterations and new construction,the demolition process and the economic hardship process. 9. Open House:Following the Property Owner Meeting,the planning division will conduct an open house for the owners of property within the proposed boundaries of the local historic district or thematic designation to provide the information described in subsections 8.a and 8.b of this section. 10.Public Hearing Process: a. Historic Landmark Commission Consideration:Following the initiation of a petition to designate a landmark site or a local historic district,the historic landmark commission shall hold a public hearing and review the request by applying subsection C.15,"Standards for the Designation of a Landmark Site, Local Historic District or Thematic Designation",of this section.Following the public hearing,the historic landmark commission shall recommend approval,approval with modifications or denial of the proposed designation 7 and shall then submit its recommendation to the planning commission and the city council. b. Planning Commission C onsideration: Following action by the historic landmark commission, the planning commission shall hold a public hearing and shall recommend approval, approval with modifications or denial of the proposed designation based on the standards of Section 21A.50.050 of this title, zoning map amendments and shall then submit its recommendation to the city council. 11. Property Owner Opinion Balloting: a. Following the completion of the historic landmark commission and planning commission public hearings, the city will deliver property owner opinion ballots via first class mail to property owners of record within the boundary of the proposed local historic district or thematic designation. The property owner opinion ballot is a non-binding opinion poll to inform the city council of property owner interest regarding the designation of a local historic district. Each individual property in the proposed designation boundary, regardless of the number of owners having interest in any given property, will receive one property owner opinion ballot. i. A property owner is eligible to vote regardless of whether or not the property owner is an individual, a private entity, or a public entity; ii. The municipality shall count no more than one property owner opinion ballot for: A. Each parcel within the boundaries of the proposed local historic district or area; or B. If the parcel contains a condominium project, each unit within the boundaries of the proposed local historic district or area; and iii. If a parcel or unit has more than one owner of record, the municipality shall count a property owner opinion ballot for the parcel or unit only if the property owner opinion ballot reflects the vote of the property owners who own at least 50% interest in the parcel or unit. b. Propert y owners of record will have thirty (30) days from the postmark date of the property owner opinion ballot to submit a response to the city indicating the property owner's support or nonsupport of the proposed designation. c. A letter shall be mailed to all property owners within the proposed local historic district or thematic designation whose property owner opinion ballot has not been received by the city within fifteen (15) days from the original 8 postmark date.This follow up letter will encourage the property owners to submit a property owner opinion ballot prior to the thirty(30)day deadline date set by the mailing of the first property owner opinion ballot. 12.Notification of Property Owner Opinion Balloting Results:Following the public opinion balloting for the proposed designation,the city will send notice of the results to all property owners within the proposed local historic district,area,or thematic designation. 13.City Council Consideration:Following the transmittal of the historic landmark commission and the planning commission recommendations and the results of the property owner opinion process,the city council shall hold a public hearing to consider the designation of a landmark site,local historic district or thematic designation. (1) Designation of a Landmark Site:The city council may,by a majority vote, designate a landmark site. (2) Designation of a Local Historic District or Thematic Designation: (A)If the property owner opinion ballots received returned equals at least two-thirds(2/3)of the total number of returned property owner support ballots,and represents more than fifty percent(50%)of the parcels and units(in the case of a condominium project)within the proposed local historic district,area,or thematic designation,the city council may designate a local historic district or a thematic district by a simple majority vote. (B)If the number of property owner opinion ballots received does not meet the threshold identified in subsection 21A.34.020.C.13(2)(A)above,the city council may only designate a local historic district,area,or a thematic district by an affirmative vote of two-thirds(2/3)of the members of the city council. (C)If the number of property owner opinion ballots received in support and in opposition is equal,the city council may only designate a local historic district or a thematic district by a super majority vote. (3) Following Designation:Following city council designation of a landmark site, local historic district or thematic designation,all of the property located within the boundaries of the H Historic Preservation Overlay District shall be subject to the provisions of this section.The zoning regulations will go into effect on the date of the publication of the ordinance unless otherwise noted on the adoption ordinance. 9 14.Notice of Designation:Within thirty(30)days following the designation of a landmark site,local historic district or thematic designation,the city shall provide notice of the action to all owners of property within the boundaries of the H Historic Preservation Overlay District.In addition,a notice shall be recorded in the office of the county recorder for all lots or parcels within the area added to the H Historic Preservation Overlay District. 15.Standards for the Designation of a Landmark Site,Local Historic District or Thematic Designation:Each lot or parcel of property proposed as a landmark site, for inclusion in a local historic district,or for thematic designation shall be evaluated according to the following: a. Significance in local,regional,state or national history,architecture, engineering or culture,associated with at least one of the following: (1)Events that have made significant contribution to the important patterns of history,or (2)Lives of persons significant in the history of the city,region,state,or nation,or (3)The distinctive characteristics of a type,period or method of construction; or the work of a notable architect or master craftsman,or (4)Information important in the understanding of the prehistory or history of Salt Lake City;and b. Ph ysical integrity in terms of location,design,setting,materials, workmanship,feeling and association as defined by the national park service for the national register of historic places; c. The proposed local historic district or thematic designation is listed,or is eligible to be listed on the national register of historic places; d. The proposed loc al historic district contains notable examples of elements of the city's history,development patterns or architecture not typically found in other local historic districts within Salt Lake City; e. The designation is generally consistent with adopted planning policies;and f. The designation would be in the overall public interest. 16.Factors to Consider:The following factors may be considered by the historic landmark commission and the city council to help determine whether the proposed designation of a landmark site,local historic district or thematic designation meets the criteria listed above: 10 a. Sites should be of such an age which would allow insight into whether a property is sufficiently important in the overall history of the community. Typically this is at least fifty(50)years but could be less if the property has exceptional importance. b. Whether the propo sed local historic district contains examples of elements of the city's history,development patterns and/or architecture that may not already be protected by other local historic districts within the city. c. Whether designation of the proposed local historic district would add important knowledge that advances the understanding of the city's history, development patterns and/or architecture. d. Whether approximatel y seventy five percent(75%)of the structures within the proposed boundaries are rated as contributing structures by the most recent applicable historic survey. 17.Boundaries of a Proposed Landmark Site:When applying the evaluation criteria in subsection C.15 of this section,the boundaries of a landmark site shall be drawn to ensure that historical associations,and/or those which best enhance the integrity of the site comprise the boundaries. 18.Boundaries of a Proposed Local Historic District:When applying the evaluation criteria in subsection C.15 of this section,the boundaries shall be drawn to ensure the local historic district: a. Contains a significant density of documented sites,buildings,structures or features rated as contributing structures in a recent historic survey; b. Coincides with documented historic boundaries su ch as early roadways, canals,subdivision plats or property lines; c. Coincides with logical physical or manmade features and reflect recognized neighborhood boundaries;and d. Contains nonhistoric resources or v acant land only where necessary to create appropriate boundaries to meet the criteria of subsection C.15 of this section. 19.Boundaries of a Proposed Thematic Designation:When applying the evaluation criteria of this section,the boundaries shall be drawn to ensure the thematic designation contains a collection of sites,buildings,structures,or features that are united together by historical,architectural,or aesthetic characteristics and contribute to the historic preservation goals of Salt Lake City by protecting historical,architectural,or aesthetic interest or value. 11 c. That Section 21A.34.020.D is amended to read as follows: D. The Adjustment or Expansion of Boundaries of an H Historic Preservation Overlay District and the Revocation of the Designation of Landmark Site: 1. Procedure:Th e procedure for the adjustment of boundaries of an H Historic Preservation Overlay District and the revocation of the designation of a landmark site shall be the same as that outlined in subsection C of this section. 2. Criteria for Adjusting the Boundaries of an H Historic Preservation Overlay District:Criteria for adjusting the boundaries of an H Historic Preservation Overlay District are as follows: a. The properties have ceased to meet the criteria for inclusion within an H Historic Preservation Overlay District because the qualities which caused them to be originally included have been lost or destroyed,or such qualities were lost subsequent to the historic landmark commission recommendation and adoption of the district; b. Additional information indicates that the properties do not comply with the criteria for selection of the H Historic Preservation Overlay District as outlined in subsection C.15 of this section;or c. Additional information indicates that the inclusion of additional properties would better convey the historical and architectural integrity of the H Historic Preservation Overlay District,provided they meet the standards outlined in subsection C.15 of this section. 3. Criteria for the Expansion of an Existing Landmark Site,Local Historic District or Thematic Designation:A proposed expansion of an existing landmark site, local historic district or thematic designation shall be considered utilizing the provisions of subsections C.15 through C.19 of this section. 4. Criteria for the Revocation of the Designation of a Landmark Site:Criteria are as follows: a. The property has ceased to meet the criteria for designation as a landmark site because the qualities that caused it to be originally designated have been lost or destroyed or the structure has been demolished;or b. Additional information indicates that the landmar k site does not comply with the criteria for selection of a landmark site as outlined in subsection C.15 of this section;or c. Additional information indicates that the landmark site is not of exceptional importance to the city,state,region or nation. 12 d. That Section 21A.34.020.L is amended to read as follows: L. Standards for Certificate of Appropriateness for Demolition of a Contributing Structure in an H Historic Preservation Overlay District:In considering an application for a certificate of appropriateness for demolition of a contributing structure,the historic landmark commission shall determine whether the project substantially complies with the following standards: 1. Standards for Approval of a Certificate of Appropriateness for Demolition: a. The physical integrity of the site as defined in subsection C.15.b of this section is no longer evident; b. The streetsc ape within the context of the H Historic Preservation Overlay District would not be negatively affected; c. The demolition would not adversely affect the H Historic Preservation Overlay District due to the surrounding noncontributing structures; d. The base zoning of the site is incompatible with reuse of the structure; e. The reuse plan is consistent with the standards outlined in subsection H of this section; f. The site has not suffered from willful neglect,as evidenced by the following: (1)Willful or negligent acts by the owner that deteriorates the structure, (2)Failure to perform normal maintenance and repairs, (3)Failure to diligently solicit and retain tenants,and (4)Failure to secure and board the structure if vacant;and g. The denial of a certificate of appropriateness for demolition would cause an "economic hardship"as defined and determined pursuant to the provisions of subsection K of this section. 2. Historic Landmark Commission Determination of Compliance with Standards of Approval:The historic landmark commission shall make a decision based upon compliance with the requisite number of standards in subsection L.1 of this section as set forth below. 13 a. Approval of Certificate of Appropriateness for Demolition:Upon making findings that at least six(6)of the standards are met,the historic landmark commission shall approve the certificate of appropriateness for demolition. b. Denial of Certificate of Appropriateness for Demolition:Upon making findings that two(2)or less of the standards are met,the historic landmark commission shall deny the certificate of appropriateness for demolition. c. Deferral of Decision for Up to One Year:Upon making findings that three(3) to five(5)of the standards are met,the historic landmark commission shall defer a decision for up to one year during which the applicant must conduct a bona fide effort to preserve the site pursuant to subsection M of this section. SECTION 2. Amending text of Salt Lake City Code Section 21A.50.060. That Section 21A.50.060(Zoning:Amendments:Limitations on Amendments)of the Salt Lake City Code, shall be,and hereby is,amended to as follows: 21A.50.060:LIMITATION ON AMENDMENTS: A. No application for an amendment to this title shall be considered by the city council or the planning commission within one year of the withdrawal by the applicant or final decision of the city council upon a prior application covering substantially the same subject or substantially the same property. B. In the case of a proposed local historic district or thematic designation per Section 21A.34.020.C,if a local historic district or area proposal fails in accordance with the voting procedures set forth in Section 21A.30.020.C.13,a resident may not initiate the creation of a local historic district,area,or thematic designation that includes more than 50%of the same property as the failed local historic district,area,or thematic designation proposal for four(4)years after the day on which the property owner support ballots for the vote were due. C. This determination shall be made by the zoning administrator upon receipt of an application pursuant to Section 21A.50.030 of this chapter.This provision shall not restrict the mayor,the city council or the planning commission from proposing any text amendment or change in the boundaries of any of the districts in this title at any time. SECTION 3. Effective Date. This ordinance shall become effective on the date of its first publication. 14 Passed by the City Council of Salt Lake City,Utah,this 25 day of October ,2016. C RPERSON ATTEST AND COUNTERSIGN: 7. -: Y RECORDER Transmitted to Mayor on October 26, 2016 Mayor's Action: )( Approved. Vetoed. /" ' '' `,,,, AY R ; `molo . c.rrG� Y"14,, e , CITY RECORDE• 1 4E: i l; APPROVED AS TO FORM i *I Salt Lake City Attorney's Office i n:;� ���O (SEAL) vr1'Ppo......EstiPv,� Date: �k RATE S By: Pa C.Niels , nior City Attorney Bill No. 67 of 2016. Published: November 11, 2016 H B_A TTY-#51089-v4-Ordinance_amen d in g_L H Dyrocess.DOCX 15