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Transmittal - 8/8/2023ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005 CITY COUNCIL TRANSMITTAL ________________________ Date Received: _________________ Lisa Shaffer, Chief Administrative Officer Date sent to Council: _________________ ______________________________________________________________________________ TO: Salt Lake City Council DATE: August 7, 2023 Darin Mano, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods __________________________ SUBJECT: H Historic Preservation Overlay District Text Amendment STAFF CONTACT: Amy Thompson, Planning Manager amy.thompson@slcgov.com or 801-535-7281 DOCUMENT TYPE: Ordinance RECOMMENDATION: Adopt the H Historic Preservation Overlay Ordinance BUDGET IMPACT: None BACKGROUND/DISCUSSION: Mayor Erin Mendenhall has initiated a petition for a text amendment that would impact the H Historic Preservation Overlay District which applies to properties within a local historic district or local landmark sites. Salt Lake City currently has 14 local historic districts and approximately 150 Local Landmark Sites. Properties subject to the H Historic Preservation Overlay District require approval for exterior alterations, new construction, demolition and relocation. The H Historic Preservation Overlay District also outlines process and standards for local historic designations, boundary adjustments to existing local historic districts, and revocation of local historic designation. The purpose of the proposed amendments is to make the zoning ordinance easier to use for applicants, property owners, staff, and the historic landmark commission in its administration. The proposed ordinance also creates new processes for adopting and updating historic resource surveys, consistent with the city’s adopted Community Preservation Plan. Lisa Shaffer (Aug 8, 2023 16:35 MDT) 08/08/2023 08/08/2023 SUMMARY OF PROPOSED AMENDMENTS: The proposed changes reorganize and add clarity to existing processes, as well as create new processes to strengthen confirmation of historic districts and buildings within Salt Lake City. The following summarizes the proposed ordinance changes: Reorganization: • Clarify and reorganize chapter 21A.34.020 (the H Historic Preservation Overlay) so repetition is removed, and process steps are clear. • Moves definitions from 21A.34.020 to the Definition chapter of the zoning ordinance – 21A.62. • Moves local historic designation, boundary adjustments to existing local historic districts, and revocation of the designation of a landmark site, which are all technically a map amendment process from 21A.34.020 to a new chapter – 21A.51 Local Historic Designation and Amendments. Processing steps, requirements, and standards for designations and amendments are not changing from what currently exists in the code. Proposed Changes/Additions: • Adds an applicability section to 21A.34.020 so it is clear what properties are subject to the overlay and what standards are applicable. • Exempts certain work from obtaining a Certificate of Appropriateness (CoA) such as installation of storm windows, small plaques or mailboxes, and utility meters/charging stations and solar panels not visible from the right of way. • Authorizes review and approval of all solar panels at a staff level. Currently the Historic Landmark Commission (HLC) is required to review solar panels on the front façade of a building. • Adds in the ability to deny certain CoA requests at a staff level when standards are not met as a streamlining measure for the HLC’s time. • Jurisdiction & authority language for the HLC has been added to reflect duties that aren’t currently listed such as making recommendations to the Board of State History regarding National Register Nominations and making HELPFUL PRESERVATION TERMS • Certificate of Appropriateness (CoA): Historic approval • Historic Resource Survey: A 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. Historic Resource Surveys are prepared by a qualified professional meeting the minimum qualifications defined by the National Park Service. There are two different types of surveys that Salt Lake City deals with, those are reconnaissance level surveys and intensive level surveys. A survey generally consists of a written report summarizing the history, development patterns, and physical character of the study area and an inventory of all properties included in the survey and a historic status rating for each property (whether contributing or noncontributing) accompanied by maps, photographs, and recommendations. The survey will also identify periods of significance for the district – anything outside of the identified period of significance is rated as out of period which is noncontributing to the district. • Historic Integrity: The ability of a property to convey its historical associations or attributes. As defined by the National Park Service, the following aspects, or qualities, in various combinations, define historic integrity: location, design, setting, materials, workmanship, feeling, association. • Period of Significance: The period when the historic events associated with a local historic district, thematic designation, or landmark site occurred. This period must reflect the dates associated with the property or site, or in the case of a district, the collection of properties within the district. A period of significance may be thousands of years (in the case of an archeological property), several years, or even a few days, depending on the duration of the event. There may be multiple periods of significance associated with a local historic district, thematic designation, or landmark site. • Contributing: A structure or site within a historic district that retains historic integrity. A contributing structure generally has its major character defining features intact and although minor alterations may have occurred, they are generally reversible. • Noncontributing: A structure or site within a historic district that does not retain historic integrity. 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 50 years old or not within a period of significance associated with the historic district. recommendations to the City Council on the development of incentive programs to encourage the preservation of the City’s historic resources. • Adds requirements for contents of the mailing notice for demolition of a noncontributing building. • Increases the application fee for certain applications reviewed by the HLC. • Requires an application fee for determination of economic hardship, reduction to the boundary of an existing local historic district, and revocation of a landmark site. • Adds new definitions - period of significance and historic integrity. • Adds in language to have City Council adopt historic resource surveys and associated reports that accompany local historic designations. • Fine tuning language. New Processes: • Creates a process and factors to consider for updates to historic resource surveys. • Creates a process and factors to consider for historic status determinations (i.e., contributing or noncontributing status) for individual properties in certain circumstances – such as a property was not rated or warrants reconsideration. Both the Historic Landmark Commission and Planning Commission held public hearings to review the proposed text amendment and unanimously forwarded a positive recommendation of approval to the City Council. CONSIDERATIONS FOR CITY COUNCIL Since the positive recommendation from the Historic Landmark Commission and the Planning Commission, a few technical corrections were made to the proposed ordinance. These include: • Corrected citations in section 21A.51.050.B to reference the correct section of the ordinance. • Updated language in Subsection 21A.010.020.B, which relates to special noticing requirements for administrative approvals, to reflect changes that were made with the recently adopted early engagement ordinance. • Revised language in 21A.34.020.B, which relates to the applicability of the H Historic Preservation Overlay District, to remove repetitive language that is referenced elsewhere in the proposed ordinance. PUBLIC PROCESS: Recognized Organizations: On March 13, 2023, all Salt Lake City recognized organizations were sent the required 45-day notice for the proposed text amendment. Open House: On March 20, 2023, a virtual open house was hosted on Planning’s website and published via list serve. The open house included information about the proposal and a draft of the ordinance. Community Council Meetings: At the request of the community council chairs, staff attended the following community council meetings to discuss the proposed text amendment and answer any questions from the community: • April 17, 2023 – Sugar House Community Council • May 3, 2023 –Central City Neighborhood Council Historic Landmark Commission Public hearing: • April 20, 2023 o Historic Landmark Commission public hearing notice posted on City and State websites and Planning Division listserv. • May 4, 2023 o The Historic Landmark Commission held a public hearing and voted unanimously to forward a positive recommendation to the City Council. Planning Commission Public Hearing: • May 11, 2023 o Planning Commission public hearing notice posted on City and State websites and Planning Division listserv. • May 24, 2023 o The Planning Commission held a public hearing and voted unanimously to forward a positive recommendation to the City Council. Public Comments Received: Staff received three public comments about this proposal. All public comments noted below were discussed at both the Historic Landmark Commission and Planning Commission public hearings. One of the comments expressed support of local historic districts, reassessment of properties and the use of historic surveys, but outlined questions/concerns related to the criteria used, their definitions, and who makes the decision related to the historic status of a property. This commenter also expressed concern with one of the zoning ordinance considerations for establishment of a historic district related to the percentage of contributing structures for establishing a local historic district, the lack of regulation for properties in a national historic district, and the need for better education for property owners on the impacts of demolition and inappropriate alterations. Planning Response to Public Comment: The zoning ordinance includes definitions for contributing and noncontributing which relate to the historic status of a property. The zoning ordinance also outlines criteria for the historic status of a property and required qualifications for people conducting historic surveys. In response to the question/concern about the local historic district designation consideration that at least 75% of the structures within a proposed district are contributing. This is not a requirement; this is a consideration to help determine if the proposed district meets the standards for designation. The process, standards and considerations applicable to local historic designation currently exist in the zoning ordinance and are not changing with the proposed ordinance language. Lastly, properties listed on the National Register of Historic Places either individually or as part of a National Historic District is an honorary designation overseen by the National Park Service that offers tax incentives for qualifying work – National Register properties are not regulated by Salt Lake City unless they are also locally designated. Two of the comments expressed concern with the process for historic status determinations (i.e., contributing, or noncontributing status) in the proposed ordinance. Planning Response to Public Comment: The purpose of historic status determinations is to ensure the correct standards apply to each property within a local historic district. The process for historic status determinations is a zoning administrator interpretation for individual properties in certain circumstances where a timely determination of a property’s historic status is needed. These include properties that were inadvertently missed in the survey or for whatever reason, not given a historic status rating, and properties that may have been incorrectly rated and warrant reconsideration. The zoning administrator is authorized to make interpretations of zoning code standards. The zoning administrator has issued historic status determinations for individual properties when the historic status of the property has been in question; this text amendment essentially puts this specific process into our zoning ordinance. Historic status determinations may be initiated by a property owner or the planning director. The proposed ordinance lists several considerations for making historic status determinations that relate to whether a property retains historic integrity, as defined in the zoning ordinance. Historic status determinations are posted and available to the public on the planning division’s website and sent to the Historic Landmark Commission. HISTORIC LANDMARK COMMISSION (HLC) RECORDS (MAY 4, 2023): a) HLC Agenda (Click to Access) b) HLC Staff Report (Click to Access Report) c) HLC Minutes (Click to Access) d) HLC Meeting Video (Click to Access) PLANNING COMMISSION (PC) RECORDS (MAY 24, 2023): a) PC Agenda (Click to Access) b) PC Staff Report (Click to Access Report) c) PC Minutes (Click to Access) d) PC Meeting Video (Click to Access) EXHIBITS: 1) Ordinance, Final and Legislative Versions 2) Project Chronology 3) Notice of City Council Public Hearing 4) Petition Initiation 5) Public Comments Received After Publication of the Staff Report 1 SALT LAKE CITY ORDINANCE No. _____ of 2023 (An ordinance amending various sections of Title 21A of the Salt Lake City Code pertaining to the H Historic Preservation Overlay District and amending the consolidated fee schedule.) An ordinance amending various sections of Title 21A of the Salt Lake City Code and the consolidated fee schedule pursuant to Petition No. PLNPCM2023-00123 pertaining to the H Historic Preservation Overlay District. WHEREAS, on May 4, 2023, the Salt Lake City Historic Landmark Commission (“Landmark Commission”) held a public hearing to consider a petition submitted by Mayor Erin Mendenhall (“Applicant”) (Petition No. PLNPCM2023-00123) to amend various sections of Title 21A of the Salt Lake City Code pertaining to the H Historic Preservation Overlay District; and WHEREAS, at its May 4, 2023 meeting, the Landmark Commission voted in favor of transmitting a positive recommendation to the Salt Lake City Planning Commission (“Planning Commission”) and the Salt Lake City Council (“City Council”) on said petition; and WHEREAS, on May 24, 2023 the Planning Commission held a public hearing on said petition; and WHEREAS, at its May 24, 2023 meeting, the Planning Commission voted in favor of transmitting a positive recommendation to the City Council on said petition; 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: 2 SECTION 1. Amending the text of Salt Lake City Code Section 21A.06.040. That Section 21A.06.040 of the Salt Lake City Code (Zoning: Decision Making Bodies and Officials: Appeals Hearing Officer) shall be, and hereby is amended to read as follows: 21A.06.040: APPEALS HEARING OFFICER: A. Creation: The position of appeals hearing officer is created pursuant to the enabling authority granted by the Municipal Land Use, Development, and Management Act, Section 10-9a-701 of the Utah Code. B. Jurisdiction and Authority: The appeals hearing officer shall have the following powers and duties in connection with the implementation of this title: 1. Hear and decide appeals from any administrative decision made by the zoning administrator in the administration or the enforcement of this title pursuant to the procedures and standards set forth in Chapter 21A.16, “Appeals of Administrative Decisions”, of this title; 2. Authorize variances from the terms of this title pursuant to the procedures and standards set forth in Chapter 21A.18, “Variances”, of this title; 3. Hear and decide appeals of any decision made by the historic landmark commission, or the planning director in the case of administrative decisions, pursuant to the procedures and standards set forth in Section 21A.34.020, “H Historic Preservation Overlay District”, of this title; 4. Hear and decide appeals from decisions made by the planning commission concerning subdivisions or subdivision amendments pursuant to the procedures and standards set forth in title 20, “Subdivisions and Condominiums”, of this code; and 5. Hear and decide appeals from administrative decisions made by the planning commission pursuant to the procedures and standards set forth in this title. C. Qualifications: The appeals hearing officer shall be appointed by the mayor with the advice and consent of the city council. The mayor may appoint more than one appeals hearing officer, but only one appeals hearing officer shall consider and decide upon any matter properly presented for appeals hearing officer review. The appeals hearing officer may serve a maximum of two (2) consecutive full terms of five (5) years each. The appeals hearing officer shall either be law trained or have significant experience with land use laws and the requirements and operations of administrative hearing processes. 3 D. Conflict of Interest: The appeals hearing officer shall not participate in any appeal in which the appeals hearing officer has a conflict of interest prohibited by Title 2, Chapter 2.44 of this code. E. Removal of The Appeals Hearing Officer: The appeals hearing officer may be removed by the mayor for violation of this title or any policies and procedures adopted by the planning director following receipt by the mayor of a written complaint filed against the appeals hearing officer. If requested by the appeals hearing officer, the mayor shall provide the appeals hearing officer with a public hearing conducted by a hearing officer appointed by the mayor. SECTION 2. Amending the text of Salt Lake City Code Section 21A.06.050. That Section 21A.06.050 of the Salt Lake City Code (Zoning: Decision Making Bodies and Officials: Historic Landmark Commission) shall be, and hereby is amended to read as follows: 21A.06.050: HISTORIC LANDMARK COMMISSION: A. General Provisions: The provisions of Title 2, Chapter 2.07 of this code shall apply to the historic landmark commission except as otherwise set forth in this section. B. Creation: The historic landmark commission was created pursuant to the enabling authority granted by the Historic District Act, Section 11-18-1 et seq., of the Utah Code (repealed), and continues under the authority of Utah Code Section 10-8-85.9 and the Land Use Development and Management Act, Utah Code Chapter 10-9a. C. Jurisdiction and Authority: The historic landmark commission shall: 1. Review and approve or deny an application for a certificate of appropriateness pursuant to the provisions of Chapter 21A.34 of this title; 2. Participate in public education programs to increase public awareness of the value of historic, architectural and cultural preservation; Communicate the benefits of historic preservation for the education, prosperity, and general welfare of residents, visitors and tourists; 3. Review and approve or deny applications for the demolition of contributing principal structures in the H Historic Preservation Overlay District pursuant to Chapter 21A.34 of this title; 4 4. Review designations, amendments to and boundaries of a local historic district, thematic designation and landmark sites, and make a recommendation to the planning commission and the city council; 5. Make recommendations on applications for zoning amendments involving properties within the H Historic Preservation Overlay District when requested by the applicant, planning director, planning commission or the city council; 6. Review and approve or deny certain modifications to dimensional standards for properties located within an H Historic Preservation Overlay District. This authority is also granted to the planning director or designee for applications within the H Historic Preservation Overlay District that are eligible for an administrative decision by the planning director or zoning administrator. The certain modifications to zoning district specific development standards are listed as follows and are in addition to any modification authorized elsewhere in this title: a. Overall building and accessory structure height; b. Building and accessory structure wall height; c. Accessory structure square footage; d. Fence and retaining wall height; e. Signs pursuant to Section 21A.46.070 of this title; and f. Any modification to bulk and lot regulations, except density, of the underlying zoning district where it is found that the proposal complies with the applicable standards identified in Section 21A.34.020 and is compatible with the surrounding historic structures; 7. Make recommendations to the planning commission in connection with the preparation of the general plan of the city; 8. Make recommendations to the city council on design guidelines, policies and ordinances that may encourage preservation of buildings and related structures of historical and architectural significance; 9. Review historic resource surveys for designations and all subsequent updates and make recommendations to the planning commission and the city council; 10. Review National Register of Historic Places nominations or amendments and make a recommendation to the Utah Board of State History; and 11. Recommend to the city council development of incentive programs, either public or private, to encourage the preservation of the city’s historic resources. 5 D. Membership: The historic landmark commission shall consist of not less than seven (7) nor more than eleven (11) voting members appointed in a manner providing balanced geographic, professional, neighborhood and community interests representation. In situations where a member resigns or is removed as prescribed in this code and adopted policies and procedures and as a result, the number of members drops to less than seven (7), the commission may still function until a 7th member is appointed. Appointment to a position created by any vacancy shall not be included in the determination of any person’s eligibility to serve two (2) consecutive full terms. E. Qualifications of Members: Each voting member shall be a resident of the city interested in preservation and knowledgeable about the heritage of the city. Members shall be selected so as to ideally provide representation from the following groups of experts and interested parties whenever a qualified candidate exists: 1. At least two (2) architects, and 2. Residents at large possessing preservation related experience in archaeology, architecture, architectural history, construction, history, folk studies, law, public history, real estate, real estate appraisal, or urban planning. F. Meetings: The historic landmark commission shall meet at least once per month or as needed. G. Commission Action: A simple majority of the voting members present at a meeting at which a quorum is present shall be required for any action taken. H. Public Hearings: The historic landmark commission shall schedule and give public notice of all public hearings pursuant to the provisions of Chapter 21A.10 of this title. I. Removal of a Member: Any member of the historic landmark commission may be removed by the mayor for violation of this title or any policies and procedures adopted by the historic landmark commission following receipt by the mayor of a written complaint filed against the member. J. Policies and Procedures: The historic landmark commission shall adopt policies and procedures for the conduct of its meetings, the processing of applications and for any other purposes considered necessary for its proper functioning. SECTION 3. Amending the text of Salt Lake City Code Subsection 21A.10.020.B. That Subsection 21A.010.020.B of the Salt Lake City Code (Zoning: General Application and Public 6 Hearing Procedures: Public Hearing Noticing Requirements: Special Noticing Requirements for Administrative Approvals) shall be, and hereby is amended to read as follows: B. Special Noticing Requirements for Administrative Approvals: 1. Notice of Application for Design Review: a. Notification: At least twelve (12) days before a land use decision is made for an administrative design review application as authorized in Chapter 21A.59 of this title, the planning director shall provide written notice to the following: (1) All owners and identifiable tenants of the subject property, land abutting the subject property, and land located directly across the street from the subject property. In identifying the owners and tenants of the land the city shall use the Salt Lake City geographic information system records. (2) Recognized community organization(s) in which the subject property is located. b. Contents of the Notice of Application: The notice shall generally describe the subject matter of the application, where the public may review the application, the expected date when the planning director will authorize a final land use decision, and the procedures to appeal the land use decision. c. End of Notification Period: If the planning director receives comments identifying concerns related to the design review application not complying with the requirements of Chapter 21A.59, the planning director may refer the matter to the planning commission for their review and decision on the application. 2. Notice of Application for Demolition of a Noncontributing Principal Structure Within An H Historic Preservation Overlay District: Prior to the approval of a certificate of appropriateness for demolition of a noncontributing principal structure, the city shall provide written notice by first class mail a minimum of twelve (12) calendar days in advance of the requested action to all owners of the land and tenants of abutting properties and those properties across the street from the subject property as shown on the Salt Lake City geographic information system records. a. Contents of the Notice of Application: The mailing notice shall generally describe the subject property, include a vicinity map, include a photograph of the noncontributing structure, date of construction, historic status from the most recent historic survey on file or from a historic status determination, where the application can be inspected by the public, and the date when the planning director will issue a certificate of appropriateness for demolition. 3. Notice of Application for TSA Development Reviews: Prior to the approval of a development review score as authorized in Section 21A.26.078 of this title, the planning director shall provide written notice by first class mail a minimum of twelve 7 (12) days in advance of the requested action to all abutting properties and those properties located across the street from the subject property, and to all property owners and tenants of the land subject to the application, as shown on the Salt Lake City geographic information system records. a. Contents of the Mailing Notice of Application: The notice for mailing shall generally describe the subject matter of the application, the place where such application may be inspected by the public, the date when the planning director will authorize a final administrative decision, and include the procedures to appeal an administrative decision set forth in Chapter 21A.16 of this title. SECTION 4. Amending the text of Salt Lake City Code Section 21A.34.020. That Section 21A.34.020 of the Salt Lake City Code (Zoning: Overlay Districts: H Historic Preservation Overlay District) shall be, and hereby is amended to read as follows: 21A.34.020: H HISTORIC PRESERVATION OVERLAY DISTRICT: A. Purpose Statement B. Applicability C. Local Historic Designation, Amendments or Revocation D. Historic Status Determination E. Certificate of Appropriateness Required F. Procedures for Issuance of a Certificate of Appropriateness G. Standards for Alteration of a Landmark Site, Contributing Structure or New Construction of an Accessory Structure H. Standards for New Construction or Alteration of a Noncontributing Structure I. Standards for Relocation J. Standards for Demolition of a Landmark Site K. Standards for Demolition of a Contributing Principal Building L. Economic Hardship Determination A. Purpose Statement: In order to contribute to the welfare, prosperity and education of the people of Salt Lake City, the purpose of the H Historic Preservation Overlay District is to: 1. Provide the means to protect and preserve areas of the city and individual structures and sites having historic, architectural or cultural significance; 8 2. Provide the means to manage alterations to historic structures to encourage beneficial use and viability of the building while protecting an individual building’s contributing status. 3. Encourage new development and redevelopment of properties that is compatible with the character of existing development of historic districts or individual landmarks; 4. Abate the destruction and demolition of historic structures; 5. Implement adopted plans of the city related to historic preservation; 6. Foster civic pride in the history of Salt Lake City; 7. Protect and enhance the attraction of the city’s historic landmarks and districts for tourists and visitors; 8. Foster economic development consistent with historic preservation; and 9. Encourage social, economic and environmental sustainability. B. Applicability: All properties located within the boundaries of a local historic district, part of a thematic designation, or designated as a landmark site are subject to the requirements of this chapter. 1. Applicable Standards: The applicable standards of this chapter are determined by the historic status rating of the property, either contributing or noncontributing, as identified in the most recent historic resource survey on file with the Salt Lake City Planning Division or a historic status determination issued in accordance with Subsection 21A.34.020.D. C. Local Historic Designation, Amendments, or Revocation: Local Historic Designation, Adjustment, Expansion, or Revocation of a Landmark Site, Local Historic District or Thematic Designation shall follow the applicable procedures and standards in Chapter 21A.51 Local Historic Designation and Amendments. D. Historic Status Determination: 1. Purpose: Historic status determinations are to address the historic status of individual structures within a local historic district on a case-by-case basis through robust review of documentation in order to render a timely decision on the historic status for circumstances outlined below. 2. Applicability: Historic status determinations may be rendered for properties within an existing local historic district using the considerations in Subsection 21A.34.020.D.7 9 to determine whether they are contributing or noncontributing to the local historic district for the following: a. Unrated Properties: Properties that were inadvertently missed in a survey or not given a historic status rating; b. Incorrectly Rated Properties: Properties that may have been given an incorrect status rating in a survey; 3. Authority: Historic status determinations shall be made by the zoning administrator in the form of an administrative interpretation. 4. Persons Entitled to Seek Historic Status Determinations: Application for a historic status determination may be made by the owner of the subject property or the owner’s authorized agent. The planning director may also initiate a petition for a historic status determination. 5. Limitations: A historic status determination shall not: a. Change the boundaries of the local historic district; b. Be issued for landmark sites; c. Be issued for structures that are not within period of significance in an adopted historic resource survey. 6. Application for Historic Status Determination: An administrative interpretation application may be made to the zoning administrator on a form provided, which shall include at least the following information, unless deemed unnecessary by the zoning administrator: a. The applicant’s name, address, telephone number, e-mail address and interest in the subject property. The owner’s name, address and telephone number, if different than the applicant, and the owner’s signed consent to the filing of the application; b. The street address, legal description and tax number of the subject property; c. Current and historic photographs; d. Any historic resource surveys and reports on record in the Planning Division or the Utah State Historic Preservation Office; e. Description of any alterations to the structure and the date of approval for any alterations; f. The historic status rating the applicant believes to be correct. When the request is to change the historic status rating, the applicant shall state in the application the reason(s) the existing historic rating is incorrect and why it should be changed 10 based on the considerations in Subsection 21A.34.020.D.7, or provide an intensive level historic resource survey conducted in accordance with the Utah State Preservation Office standards for building surveys addressing the considerations in Subsection 21A.34.020.D.7 for analysis by the zoning administrator. g. Any other information the zoning administrator deems necessary for a full and proper consideration of the particular application. 7. Considerations for Historic Status Determinations: A historic status determination may include the following considerations: a. Whether alterations that have occurred are generally reversible. b. Whether the building contributes to an understanding of a period of significance of a neighborhood, community, or area. c. Whether or not the building retains historic integrity in terms of location, design, setting, materials, workmanship, feeling and association as defined in Section 21A.62.040. The analysis shall take into consideration how the building reflects the historical or architectural merits of the overall local historic district in which the resource is located. When analyzing historic integrity of a building as part of a local historic district, the collective historic value of the buildings and structures in a local historic district taken together may be greater than the historic value of each individual building or structure in a district. 8. Decision: Written findings documenting the historic status determination shall be sent to the applicant and members of the historic landmark commission and kept on file in city records. 9. Updating Records: If the historic status determination is different than the property’s historic rating in the most recent historic resource survey, the determination will stand, and the city’s applicable historic resource survey(s) will be updated to reflect the determination. 10. Appeal of Decision: Any person adversely affected by a final decision made by the zoning administrator interpreting a provision of this title may appeal to the appeals hearing officer in accordance with the provisions of Chapter 21A.16 of this title. E. Certificate of Appropriateness Required: No alteration in the exterior appearance of a structure, site, or object affecting a property within the H Historic Preservation Overlay District shall be made until an application for a certificate of appropriateness is approved by the historic landmark commission, or administratively by the planning director, as applicable, pursuant to Subsection F of this section. 11 1. A certificate of appropriateness shall be required for all of the following: a. Any exterior alteration to the property or any structure on the property unless specifically exempted under Subsection 21A.34.020.E.2; b. New Construction; c. Relocation of a structure or object on the same site or to another site; d. Demolition; 2. Exemptions: The following are exempt from obtaining a Certificate of Appropriateness: a. Installation of storm windows; b. Landscaping that: (1) Complies with the standards of this title; (2) Does not include a wall fence or grade changes; and (3) Is not an attribute that is a character defining feature of the property or streetscape; c. Painting of surfaces that does not include unpainted stone, brick or cement; d. Plaques, boxes, and other similar objects that measure 18 inches or less in any dimension, contain no electrical components, and are attached to exterior finish material or mounted through mortar joints when on a masonry wall; e. Electrical, gas, or water meters or outlets, including electric vehicle charging outlets, that are in a location that is not visible from the public right of way; f. Heating, ventilation and air conditioning systems that do not require new conduit and are not visible from the public right of way; and g. Solar energy collection systems meeting the priority locations outlined in Subsections 21A.40.190.B.3.a through 21A.40.190.B.3.c. F. Procedure for Issuance of Certificate of Appropriateness: 1. Administrative Authority: The following may be decided by the planning director or designee: a. Minor alteration of or addition to a landmark site or contributing building or structure; b. Alteration of or addition to a noncontributing building or structure; c. Partial demolition of either a landmark site or a contributing principal building or structure; 12 d. Demolition of an accessory building or structure; and e. Demolition of a noncontributing building or structure. 2. Historic Landmark Commission Authority: The following shall only be decided by the historic landmark commission: a. Substantial alteration or addition to a landmark site or contributing site, building, and/or structure; b. New construction of principal building in the H Historic Preservation Overlay District; c. Relocation of landmark site or contributing principal building; d. Demolition of landmark site or contributing principal building; e. Economic hardship determination; and f. Applications referred by the planning director. 3. Submission of Application: An application for a certificate of appropriateness shall be made on an application form prepared by the zoning administrator and accompanied by applicable fees as noted in the Salt Lake City consolidated fee schedule. The applicant shall also be responsible for payment of all mailing fees established for required public noticing. a. General Application Requirements: A complete application shall include the following unless deemed unnecessary by the zoning administrator: (1) The applicant’s name, address, telephone number, e-mail address and interest in the subject property; (2) The owner’s name, address and telephone number, if different than the applicant, and the owner’s signed consent to the filing of the application; (3) The street address and legal description of the subject property; (4) A narrative including a complete description of the project and how it meets review standards with citation of supporting adopted city design guidelines; (5) Current and historic photographs of the property (6) A site plan or drawing drawn to a scale which includes the following information: property lines, lot dimensions, topography, adjacent streets, alleys and walkways, landscaping and buffers, existing and proposed 13 buildings and structures, lot coverage, grade changes, parking spaces, trash receptacles, drainage features, proposed setbacks and other details required for project evaluation; (7) Elevation drawings and details for all impacted facades; (8) Illustrative photos and or samples of all proposed façade materials; (9) Building, wall, and window section drawings; (10) Any further information or documentation as the zoning administrator deems necessary in order to fully consider and analyze the application. b. New Construction Application Requirements: In addition to the general application requirements listed above, applications for new construction of a primary structure shall include the following unless deemed unnecessary by the zoning administrator: (1) A context plan showing property lines, building footprints, front yard setbacks, adjacent streets and alleys, historic district boundaries, contributing/noncontributing structures and landmark sites; (2) A streetscape study which includes height measurements for each primary structure on the block face; (3) Renderings that show the new construction in relation to neighboring buildings; and (4) Renderings that show the new construction from the pedestrian perspective. 4. Notice: Applications for a certificate of appropriateness are subject to the notification requirements of Chapter 2.60 of this code. An application for a certificate of appropriateness for demolition of a noncontributing building or structure shall require notice 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 Chapters 2.60 and 21A.10 of this title. 5. Standards for Approval: Applications for a certificate of appropriateness shall be reviewed according to the standards set forth in Subsections G through L of this section, whichever are applicable. 6. Administrative Decisions: The planning director or designee shall approve, conditionally approve, or deny the application for a certificate of appropriateness based upon written findings of fact. The decision of the planning director or designee shall become effective upon issuance of the certificate of appropriateness. a. Referral of Application to Historic Landmark Commission: The planning director or designee may refer any application to the historic landmark commission due to the complexity of the application, the significance of change to the structure or 14 site, or the need for consultation for expertise regarding architectural or other preservation issues. 7. Historic Landmark Commission Decisions: The historic landmark commission shall hold a public hearing to review the application in accordance with the standards and procedures set forth in Chapter 21A.10 of this title. The historic landmark commission shall approve, conditionally approve, or deny the application based upon written findings of fact. The decision of the historic landmark commission shall become effective at the time the decision is made. Following a decision from the historic landmark commission to approve a certificate of appropriateness, the planning director or designee shall issue a certificate of appropriateness after all conditions of approval are met except for demolition of contributing principal buildings and landmark sites as outlined in Subsection 21A.34.020.F.8. 8. Requirements for Certificate of Appropriateness for Demolition: The certificate of appropriateness for demolition of a contributing principal building or landmark site shall not be issued until the following criteria is satisfied: a. The appeal period associated with the approval has expired. b. The landmark commission has granted approval for a new building that will replace the landmark site or contributing principal building to be demolished. The requirement for replacing the contributing principal building or landmark site with a new building may be waived by the historic landmark commission if a new development or redevelopment plan that includes the principal building to be demolished is approved by the historic landmark commission. c. The certificate of appropriateness for demolition shall be issued simultaneously with the certificate of appropriateness and building permits for the replacement building. 9. Revocation of the Designation of a Landmark Site: If a landmark site is approved for demolition, the property shall not be removed from the H Historic Preservation Overlay District until the building has been demolished and revocation of the designation of a landmark site has been approved in accordance with Section 21A.51.050, Local Historic Amendments Process. 10. Exceptions of Certificate of Appropriateness for Demolition of Hazardous Buildings: A hazardous building shall be exempt from the provisions governing demolition if the building official determines, in writing, that the building currently is an imminent hazard to public safety. Prior to the issuance of a demolition permit, the building official shall notify the planning director for consultation and of the final decision. 15 11. Expiration of Approvals: No certificate of appropriateness shall be valid for a period of longer than one (1) year unless a building permit has been issued or complete building plans have been submitted to the Salt Lake City Division of Building Services and Licensing within that period and is thereafter diligently pursued to completion; or unless a longer time is requested and granted by the historic landmark commission, or in the case of an administrative approval, by the planning director or designee. Any request for a time extension shall be required not less than thirty (30) days prior to the one (1) year time period. 12. Appeal of Decisions: Any person adversely affected by a final decision of the historic landmark commission, or in the case of administrative decisions, the planning director or designee, may file an appeal in accordance with the provisions of Chapter 21A.16 of this title. G. Standards for Alteration of a Landmark Site or Contributing Structure Including New Construction of an Accessory Structure: In considering an application for a certificate of appropriateness for alteration of a landmark site or contributing structure, or new construction of an accessory structure associated with a landmark site or contributing structure, the historic landmark commission, or the planning director, for administrative decisions, shall, using the adopted design guidelines as a key basis for evaluation, find that the project substantially complies with all of the following standards: 1. A property shall be used for its historic purpose or be used for a purpose that requires minimal change to the defining characteristics of the building and its site and environment; 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided; 3. All sites, structures and objects shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create a false sense of history or architecture are not allowed; 4. Alterations or additions that have acquired historic significance in their own right shall be retained and preserved; 5. Distinctive features, finishes and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved; 6. Deteriorated architectural features shall be repaired rather than replaced wherever feasible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other structures or objects; 16 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible; 8. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant cultural, historical, architectural or archaeological material, and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment; 9. Additions or alterations to structures and objects shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired. The new work shall be differentiated from the old and shall be compatible in massing, size, scale and architectural features to protect the historic integrity of the property and its environment; 10. Certain building materials are prohibited: a. Aluminum, asbestos, or vinyl cladding; and when applied directly to an original or historic material. b. Vinyl fencing. 11. Any new sign and any change in the appearance of any existing sign located on a landmark site or within the H Historic Preservation Overlay District, which is visible from any public way or open space shall be consistent with the historic character of the landmark site or H Historic Preservation Overlay District and shall comply with the standards outlined in Chapter 21A.46 of this title. H. Standards for New Construction or Alteration of a Noncontributing Structure: In considering an application for a certificate of appropriateness involving new construction of a principal building, or alterations of noncontributing structures, the historic landmark commission, or planning director when the application involves the alteration of a noncontributing structure, shall using the adopted design guidelines as a key basis for evaluation, determine whether the project substantially complies with each of the following standards that pertain to the application to ensure that the proposed project fits into the established context in ways that respect and contribute to the evolution of Salt Lake City’s architectural and cultural traditions: 1. Settlement Patterns and Neighborhood Character: a. Block and Street Patterns: The design of the project preserves and reflects the historic block, street, and alley patterns that give the district its unique character. Changes to the block and street pattern may be considered when advocated by an adopted city plan. b. Lot and Site Patterns: The design of the project preserves the pattern of lot and building site sizes that create the urban character of the historic context and the 17 block face. Changes to the lot and site pattern may be considered when advocated by an adopted city plan. c. The Public Realm: The project relates to adjacent streets and engages with sidewalks in a manner that reflects the character of the historic context and the block face. Projects should maintain the depth of yard and height of principal elevation of those existing on the block face in order to support consistency in the definition of public and semi-public spaces. d. Building Placement: Buildings are placed such that the project maintains and reflects the historic pattern of setbacks and building depth established within the historic context and the block face. Buildings should maintain the setback demonstrated by existing buildings of that type constructed in the district or site’s period of significance. e. Building Orientation: The building is designed such that principal entrances and pathways are oriented such that they address the street in the pattern established in the historic context and the block face. 2. Site Access, Parking, and Services: a. Site Access: The design of the project allows for site access that is similar, in form and function, with patterns common in the historic context and the block face. (1) Pedestrian: Safe pedestrian access is provided through architecturally highlighted entrances and walkways, consistent with patterns common in the historic context and the block face. (2) Vehicular: Vehicular access is located in the least obtrusive manner possible. Where possible, garage doors and parking should be located to the rear or to the side of the building. b. Site and Building Services and Utilities: Utilities and site/building services (such as HVAC systems, venting fans, and dumpsters) are located such that they are to the rear of the building or on the roof and screened from public spaces and public properties. 3. Landscape and Lighting: a. Grading of Land: The site’s landscape, such as grading and retaining walls, addresses the public way in a manner that reflects the character of the historic context and the block face. b. Landscape Structures: Landscape structures, such as arbors, walls, fences, address the public way in a manner that reflects the character of the historic context and the block face. c. Lighting: Where appropriate lighting is used to enhance significant elements of the design and reflects the character of the historic context and the block face. 18 4. Building Form and Scale: a. Character of the Street Block: The design of the building reflects the historic character of the street facade in terms of scale, composition, and modeling. (1) Height: The height of the project reflects the character of the historic context and the block face. Projects taller than those existing on the block face step back their upper floors to present a base that is in scale with the historic context and the block face. (2) Width: The width of the project reflects the character of the historic context and the block face. Projects wider than those existing on the block face modulate the facade to express a series of volumes in scale with the historic context and the block face. (3) Massing: The shape, form, and proportion of buildings, reflects the character of the historic context and the block face. (4) Roof Forms: The building incorporates roof shapes that reflect forms found in the historic context and the block face. 5. Building Character: a. Facade Articulation and Proportion: The design of the project reflects patterns of articulation and proportion established in the historic context and the block face. As appropriate, facade articulations reflect those typical of other buildings on the block face. These articulations are of similar dimension to those found elsewhere in the context, but have a depth of not less than twelve inches (12”). (1) Rhythm of Openings: The facades are designed to reflect the rhythm of openings (doors, windows, recessed balconies, etc.) established in the historic context and the block face. (2) Proportion and Scale of Openings: The facades are designed using openings (doors, windows, recessed balconies, etc.) of similar proportion and scale to that established in the historic context and the block face. (3) Ratio of Wall to Openings: Facades are designed to reflect the ratio of wall to openings (doors, windows, recessed balconies, etc.) established in the historic context and the block face. 19 (4) Balconies, Porches, and External Stairs: The project, as appropriate, incorporates entrances, balconies, porches, stairways, and other projections that reflect patterns established in the historic context and the block face. 6. Building Materials, Elements and Detailing: a. Materials: Building facades, other than windows and doors, incorporate no less than eighty percent (80%) durable material such as, but not limited to, wood, brick, masonry, textured or patterned concrete and/or cut stone. These materials reflect those found elsewhere in the district and/or setting in terms of scale and character. b. Materials on Street-Facing Facades: The following materials are not considered to be appropriate and are prohibited for use on facades which face a public street: vinyl siding and aluminum siding. c. Windows: Windows and other openings are incorporated in a manner that reflects patterns, materials, profile, and detailing established in the district and/or setting. d. Architectural Elements and Details: The design of the building features architectural elements and details that reflect those characteristic of the district and/or setting. 7. Signage Location: Locations for signage are provided such that they are an integral part of the site and architectural design and are complementary to the principal structure. I. Standards for Relocation of Landmark Site or Contributing Structure: In considering an application for a certificate of appropriateness for relocation of a landmark site or a contributing structure, the historic landmark commission shall find that the project substantially complies with the following standards: 1. The proposed relocation will abate demolition of the structure; 2. The proposed relocation will not diminish the overall physical integrity of the district or diminish the historical associations used to define the boundaries of the district; 3. The proposed relocation will not diminish the historical or architectural significance of the structure; 4. The proposed relocation will not have a detrimental effect on the structural soundness of the building or structure; 5. A professional building mover will move the building and protect it while being stored; and 20 6. A financial guarantee to ensure the rehabilitation of the structure once the relocation has occurred is provided to the city. The financial guarantee shall be in a form approved by the city attorney, in an amount determined by the planning director sufficient to cover the estimated cost to rehabilitate the structure as approved by the historic landmark commission and restore the grade and landscape the property from which the structure was removed in the event the land is to be left vacant once the relocation of the structure occurs. J. Standards for Demolition of Landmark Site: In considering an application for a certificate of appropriateness for demolition of a landmark site, the historic landmark commission shall only approve the application upon finding that the project fully complies with one of the following standards: 1. The demolition is required to alleviate a threat to public health and safety pursuant to Subsection 21A.34.020.F.10; or 2. A determination of economic hardship has been granted by the historic landmark commission pursuant to the provisions of Subsection 21A.34.020.L. K. Standards for Demolition of a Contributing Principal Building: When considering a request for approval of a certificate of appropriateness for demolition of a contributing principal building, the historic landmark commission shall determine whether the request substantially complies with the following standards: 1. The historic integrity of the site as defined in Section 21A.62.040 is no longer evident and the site no longer meets the definition of a contributing building or structure in Section 21A.62.040; 2. The streetscape within the context of the H Historic Preservation Overlay District would not be negatively materially affected if the contributing principal building were to be demolished; 3. The demolition would not create a material adverse effect on the concentration of historic resources used to define the boundaries or maintain the integrity of the district; 4. The base zoning of the site does not permit land uses that would allow the adaptive reuse of the contributing principal building; 5. The contributing principal building has not suffered from willful neglect, as evidenced by the following: a. Willful or negligent acts that have caused significant deterioration of the structural integrity of the contributing principal building to the point that the building fails to substantially conform to applicable standards of the state construction code, 21 b. Failure to perform routine and appropriate maintenance and repairs to maintain the structural integrity of the contributing principal building, or c. Failure to secure and board the contributing principal building, if vacant, per Section 18.64.045 of this code. L. Economic Hardship Determination: Upon denial of a certificate of appropriateness for demolition of a contributing principal building by the historic landmark commission, the owner and/or owner’s representative will have one year from the end of the appeal period as described in Chapter 21A.16 of this title, to submit an application for determination of economic hardship. In the case of a landmark site, an application for determination of economic hardship shall be submitted at the same time as an application for demolition of a landmark site to meet the standard of Subsection 21A.34.020.J.2 of this section. 1. Application for Determination of Economic Hardship: An application for a determination of economic hardship shall be made on a form provided by the zoning administrator and accompanied by applicable fees as noted in the Salt Lake City consolidated fee schedule. 2. Evidence for Determination of Economic Hardship: The burden of proof is on the owner or owner’s representative to provide sufficient evidence to demonstrate an economic hardship. Any finding in support of economic hardship shall be based solely on the hardship of the property. Evidence may include, but is not limited to: a. Physical condition of the property at time of purchase and the applicant’s plans for the property at time of purchase. b. The current level of economic return on the property as considered in relation to the following: (1) The amount paid for the property, the date of purchase, and party from whom purchased, including a description of the relationship, if any, between applicant, and the person from whom the property was purchased; (2) The annual gross and net income, if any, from the property for the previous three (3) years; itemized operating and maintenance expenses for the previous three (3) years; and depreciation deduction and annual cash flow before and after debt service, if any, for the previous three (3) years; (3) Real estate taxes for the previous three (3) years by the Salt Lake County Assessor; (4) An appraisal, no older than six (6) months at the time of application for determination of economic hardship conducted by an MAI certified appraiser licensed within the State of Utah. Also all appraisals obtained within the previous three (3) years by the owner or applicant in connection with the purchase, financing or ownership of the property; (5) The fair market value of the property taking into consideration the H Historic Preservation Overlay District; and 22 (6) For non-residential or multifamily properties, any state or federal income tax returns on or relating to the property for the previous three (3) years. c. The marketability of the property for sale or lease, as determined by any listing of the property for sale or lease, and price asked and offers received, if any, within the previous two (2) years. This determination can include testimony and relevant documents regarding: (1) Any real estate broker or firm engaged to sell or lease the property; (2) Reasonableness of the price in terms of fair market value or rent sought by the applicant; and (3) Any advertisements placed for the sale or rental of the property. d. The feasibility of alternative uses for the property as considered in relation to the following: (1) Report from a licensed engineer or architect with demonstrated experience in rehabilitation of older buildings as to the structural soundness of any building on the property; (2) An estimate of the cost of the proposed construction or alteration, including the cost of demolition and removal, and potential cost savings for reuse of materials; (3) The estimated market values of the property in current condition, after completion of the demolition; and after renovation of the existing property for continued use; and (4) The testimony of a professional with demonstrated experience in rehabilitation of older buildings as to the economic feasibility of rehabilitation or reuse of the existing building on the property. An experienced professional may include, but is not limited to, an architect, developer, real estate consultant, appraiser, or any other professional experienced in preservation or rehabilitation of older buildings and licensed within the State of Utah. e. Economic incentives and/or funding available to the applicant through federal, state, city, or private programs. f. Description of past and current use. g. An itemized report that identifies what is deficient if the building does not meet minimum city building code standards or violations of this code and whether any exceptions within Chapter 12 Historic Buildings of the IEBC, or its successor, could be used to resolve those deficiencies. h. Consideration of map amendment, conditional use, or other land use processes to alleviate hardship. 3. Procedure for Determination of Economic Hardship: 23 a. Appointment of Qualified Expert: The planning director shall appoint a qualified expert to evaluate the application and provide advice and/or testimony to the historic landmark commission concerning the value of the property and whether or not the denial of demolition could result in an economic hardship. (1) The extent of the Authority: The planning director’s appointed qualified expert is limited to rendering advice and testimony to the historic landmark commission and has no decision-making capacity. (2) The planning director’s appointed qualified expert shall have considerable and demonstrated experience in appraising, renovating, or restoring historic properties, real estate development, economics, accounting, finance and/or law. (3) The historic landmark commission may also consider other expert testimony upon reviewing the evidence presented by the applicant or receiving the advice/testimony of the planning director’s appointed qualified expert as necessary. b. Review of Evidence: The historic landmark commission shall hold a public hearing in accordance with the standards and procedures set forth in Chapter 21A.10 of this title to consider the evidence submitted, and the advice and testimony of the planning director’s appointed qualified expert. c. Finding of Economic Hardship: If after reviewing all of the evidence presented by the applicant and the advice/testimony of the planning director’s appointed qualified expert, and if the historic landmark commission finds that the applicant has presented sufficient information supporting a determination of economic hardship, then the historic landmark commission shall approve the demolition. In order to show that all beneficial or economically viable use cannot be obtained, the historic landmark commission must find that all of the following are met: (1) The contributing principal building or landmark site cannot be economically used or rented at a reasonable rate of return in its present condition or if rehabilitated; (2) The contributing principal building or landmark site cannot be put to any reasonable beneficial use in its present condition or if rehabilitated; and (3) Bona fide efforts during the previous year to sell or lease the contributing principal building or landmark site at a reasonable price have been unsuccessful. d. Certificate of Appropriateness for Demolition: If the historic landmark commission finds an economic hardship, a certificate of appropriateness for demolition shall be issued in accordance with Subsection 21A.34.020.F.8. e. Denial of Economic Hardship: If the historic landmark commission does not find an economic hardship, then the application for a certificate of appropriateness for 24 demolition shall be denied. No further economic hardship determination applications may be considered for the subject property for three (3) years from the date of the final decision of the historic landmark commission. The historic landmark commission may waive this restriction if the historic landmark commission finds there are circumstances sufficient to warrant a new hearing other than the re-sale of the property or those caused by the negligence or intentional acts of the owner. SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.40.190.B. That Subsection 21A.40.190.B of the Salt Lake City Code (Zoning: Accessory Uses, Buildings and Structures: Small Solar Energy Collection Systems: Small Solar Energy Collection Systems and Historic Preservation Overlay Districts or Landmark Sites) shall be, and hereby is amended to read as follows: B. Small Solar Energy Collection Systems and Historic Preservation Overlay Districts: 1. General: In addition to meeting the standards set forth in this section, all applications to install a small solar energy collection system within the Historic Preservation Overlay District shall obtain a certificate of appropriateness in accordance with Section 21A.34.020 prior to installation. Small solar energy 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 Energy 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 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. a. Rear yard in a location not readily visible from a public right-of-way. 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. 25 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 facade. f. On the front facade of the principal building in a location most compatible with the character defining features of the structure. SECTION 6. Amending the text of Salt Lake City Code Section 21A.50.020. That Section 21A.50.020 of the Salt Lake City Code (Zoning: Amendments: Authority) shall be, and hereby is amended to read as follows: 21A.50.020: AUTHORITY: The text of this title and the zoning map may be amended by the passage of an ordinance adopted by the city council in accordance with the procedures set forth in this chapter. Applications related to H Historic Preservation Overlay District or Landmark Sites are subject to the procedures in Chapter 21A.51, Local Historic Designations and Amendments. SECTION 7. Amending the text of Salt Lake City Code Section 21A.50.030. That Section 21A.50.030 of the Salt Lake City Code (Zoning: Amendments: Initiation) shall be, and hereby is amended to read as follows: 21A.50.030: INITIATION: Amendments to the text of this title or to the zoning map may be initiated by filing an application for an amendment addressed to the planning commission. Applications for amendments may be initiated by the mayor, the city council, the planning commission, or the owner of the property included in the application, or the property owner’s authorized agent. Applications related to the Homeless Resource Center Overlay shall be initiated as provided in Chapter 21A.34 of this title. SECTION 8. Amending the text of Salt Lake City Code Subsection 21A.50.040.B That Section 21A.50.030.B of the Salt Lake City Code (Zoning: Amendments: Procedure: Fees) shall be, and hereby is amended to read as follows: B. 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 21A.10 of this 26 title. Application and noticing fees filed by the city council, planning commission or the mayor shall not be required. Application and noticing fees filed to establish a character conservation district shall not be required. SECTION 9. Amending the text of Salt Lake City Code Section 21A.50.060 That Section 21A.50.060 of the Salt Lake City Code (Zoning: Amendments: Limitation on Amendments) shall be, and hereby is amended to read 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. 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 10. Adopting a new Chapter 21A.51 of Salt Lake City Code 21A. Chapter 21A of the Salt Lake City Code (Local Historic Designation and Amendments) shall be and hereby is amended to include a new Chapter 21A.51 Local Historic Designation and Amendments and shall read as follows: Chapter 21A.51 LOCAL HISTORIC DESIGNATON & AMENDMENTS 21A.51.010: Purpose Statement 21A.51.020: Authority 21A.51.030: Local Historic Designation Process 21A.51.040: Local Historic Designation Criteria 21A.51.050: Existing Local Historic Amendment Process 21A.51.060: Existing Local Historic Amendment Criteria 21A.51.070: Limitations 21A.51.080: Historic Resource Surveys 21A.51.090: Appeal of Decision 27 21A.51.010: PURPOSE STATEMENT: The purpose of this chapter is to provide standards and procedures for making amendments to the zoning map related to the H Historic Preservation Overlay District. The H Historic Preservation Overlay District applies to all properties within the boundaries of a local historic district, part of a thematic designation, or a landmark site. 21A.51.020: AUTHORITY: A. Authority: Pursuant to the procedures and standards in this chapter and the standards for general amendments in Section 21A.50.050, the city council may amend the zoning map and apply the H Historic Preservation Overlay District by the passage of an ordinance and: 1. Designate a landmark site; 2. Designate as a local historic district; 3. Designate as a thematic designation; 4. Amend designations to add or remove features or property to or from a landmark site, local historic district or thematic designation; 5. Revoke designation of a landmark site; 6. Adopt comprehensive historic resource surveys and associated reports for new landmark sites, local historic districts or thematic designations; and 7. Adopt updates to historic resource surveys and associated reports for existing local historic districts or thematic designations in accordance with the provisions in Section 21A.51.080. 21A.51.030: LOCAL HISTORIC DESIGNATION PROCESS: Salt Lake City will consider the local designation of a landmark site, local historic district 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. Local designation 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. A. Process for Designation of a Local Historic District or Thematic Designation: 1. Procedures Required Before an Application Can be Submitted: Prior to the submittal of an application for the designation or amendment local historic district or thematic designation, and prior to gathering any signatures for an application, the following steps must be completed: a. Pre-application Conference: A potential applicant shall attend a pre-application conference with the planning director or designee. The purpose of this meeting is 28 to discuss the merits of the proposed designation and the amendment processes as outlined in this section. b. Notification to Affected Property Owners: Following the preapplication conference outlined in Subsection A.1.a of this section, 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 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. The informational pamphlet shall contain, at a minimum, a description of the process to create a local historic district or thematic designation and will also list the pros and cons of a local historic district or thematic designation. Once the city sends the informational pamphlet, gathering of property owner signatures may begin per Subsection A.2 of this section. The informational pamphlet sent shall remain valid for ninety (90) days. If an application is not filed with the city within ninety (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. 2. Application: a. Parties Entitled to Submit Application: 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. A property owner submitting such application 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. (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 application is signed by property owners representing at least fifty percent (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 Subsection 21A.51.030.A.1.b and the date of the last required signature. 29 b. Submittal Requirements: An application shall be made to the zoning administrator on a form or forms provided by the office of the zoning administrator, which shall include at least the following information unless deemed unnecessary by the zoning administrator: (1) Information demonstrating the procedures in Subsections 21A.51.030.A.1.a and 21A.51.030.A.1.b have been followed; (2) Information demonstrating the requirements in Subsection 21A.51.030.A.2.a have been met; (3) Street addresses and parcel numbers of all properties included in the proposed local designation; (4) Photos of all properties included in the proposed designation; (5) Narrative demonstrating compliance with the standards and considerations in Section 21A.51.040; and (6) Any other information the zoning administrator deems necessary for consideration of a particular application. c. Fees: Application and noticing fees for designation of a local historic district or thematic designation shall not be required. 3. Notice of Designation Application Letter: Following the receipt by the city of an application for the designation of a local historic district or thematic designation, 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 Subsection 21A.51.030.A.1.b. In the event that no application is received following the ninety (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. 4. Planning Director Report to the City Council: Following the receipt by the city of an application for the designation to a local historic district or thematic designation and following mailing of the notice of designation application letter described in Subsection 21A.51.030.A.3, the planning director shall submit a report based on the following considerations to the city council: a. Whether a current historic survey meeting the standards prescribed by the State Historic Preservation Office is available for the landmark site or the area proposed 30 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 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. 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 designation 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 Section 21A.51.040 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 Subsection 21A.51.030.A.3 of this section to all property owners within a proposed local historic district following the preapplication process outlined in Subsections 21A.51.030.A.1.a and 21A.51.030.A.1.b. 5. Notification to Recognized Community Organizations: Notification to recognized community organizations shall be provided as set forth in Section 2.60.050 of this code. 6. 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 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. Zoning ordinance requirements affecting properties located within the H Historic Preservation Overlay District, adopted design guidelines, the design review 31 process for alterations and new construction, the demolition process and the economic hardship process. 7. Open House: The planning division will conduct an open house pursuant to Section 2.60.050. 8. Public Hearings: A public hearing shall be held with both the historic landmark commission and the planning commission in accordance with the standards and procedures set forth in Chapter 21A.10, “General Application and Public Hearing Procedures”, of this title. The historic landmark commission and planning commission shall recommend approval or denial of the proposal or the approval of some modification of the proposal. 9. 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 nonbinding 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. (1) 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; (2) The city 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 (c) If a parcel or unit has more than one owner of record, the city 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 fifty percent (50%) interest in the parcel or unit. b. Property 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. 32 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 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. 10. 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 or thematic designation. 11. City Council Consideration: Following the transmittal of the recommendations of the historic landmark commission and the planning commission and the results of the property owner opinion ballot process, the city council shall hold a public hearing to consider the designation of a local historic district or thematic designation in accordance with the standards and procedures set forth in Chapter 21A.10, “General Application and Public Hearing Procedures”, of this title and the following: a. If the property owner opinion ballots 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) 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.51.030.A.11.a 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. B. Process for Designation of a Landmark Site: 1. Application: 33 a. Parties Entitled to Submit Application: 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. Submittal Requirements: Applications for landmark sites shall provide at least all of the information in Subsection 21A.51.030.A.2.b unless deemed unnecessary by the zoning administrator. c. Fees: Application and noticing fees for designation of a landmark site shall not be required. 2. Notification to Community Organizations: Notification to recognized community organizations shall be provided as set forth in Section 2.60.050 of this code. 3. Public Hearings: A public hearing shall be held with both the historic landmark commission and the planning commission in accordance with the standards and procedures set forth in Chapter 21A.10, “General Application and Public Hearing Procedures”, of this title. The historic landmark commission and planning commission shall recommend approval or denial of the proposal or the approval of some modification of the proposal and the recommendation will be submitted to the city council. 4. City Council Consideration: Following the transmittal of the recommendations of the historic landmark commission and the planning commission, the city council shall hold a public hearing to consider the designation of a landmark site in accordance with the standards and procedures set forth in Chapter 21A.10, “General Application and Public Hearing Procedures”, of this title. The city council may, by a majority vote, designate a landmark site. C. City Council Decision: Following city council designation of a landmark site, local historic district or thematic designation, all of the properties located within the boundaries of the local historic district, landmark site, or thematic designation will be subject to the H Historic Preservation Overlay District and subject to the provisions of Section 21A.34.020. The zoning regulations will go into effect on the date of the publication of the ordinance unless otherwise noted on the adopted ordinance. 1. Designation Adoption: Designation of a landmark site, local historic district or thematic designation includes adoption of the historic survey and associated report submitted for the designation. Historic resource surveys may be updated pursuant to the provisions in Section 21A.51.080 or Subsection 21A.34.020.D. 2. Notice of Designation: Within thirty (30) days following the designation of a landmark site, local historic district or thematic designation, the city shall provide 34 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 Salt Lake County Recorder for all lots or parcels within the area added to the H Historic Preservation Overlay District. 21A.51.040: LOCAL HISTORIC DESIGNATION CRITERIA: A. Standards for the Designation of a Landmark Site, Local Historic District or Thematic Designation: The proposed landmark site, local historic district, or thematic designation shall be evaluated according to the following: 1. Significance in local, regional, state or national history, architecture, engineering or culture, associated with at least one of the following: a. Events that have made significant contribution to the important patterns of history, or b. Lives of persons significant in the history of the city, region, state, or nation, or c. The distinctive characteristics of a type, period of significance, or method of construction; or the work of a notable architect or master craftsman, or d. Information important in the understanding of the prehistory or history of Salt Lake City; and 2. Historic integrity in terms of location, design, setting, materials, workmanship, feeling and association as defined in Section 21A.62.040. When analyzing historic integrity, the collective historic value of the buildings and structures in a local historic district taken together may be greater than the historic value of each individual building or structure in a district. 3. The proposed landmark site, local historic district or thematic designation is listed, or is eligible to be listed on the National Register of Historic Places; 4. The proposed designation 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; 5. The designation is generally consistent with adopted planning policies; and 6. The designation would be in the overall public interest. B. 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 35 landmark site, local historic district or thematic designation meets the criteria listed above: 1. Sites are of an age that allows insight into whether a property is sufficiently important in the overall history of the community as identified in one or more periods of significance in a historic survey report. Typically, this is at least fifty (50) years but could be less if the property has exceptional importance. 2. Whether the proposed local historic district or thematic designation 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. 3. Whether designation of the proposed local historic district or thematic designation would add important knowledge that advances the understanding of the city’s history, development patterns and/or architecture. 4. Whether approximately seventy five percent (75%) of the structures within the proposed boundaries are rated as contributing structures by the most recent applicable historic survey and those relate to identified significance and periods of significance. C. Boundaries of a Proposed Landmark Site: When applying the evaluation criteria in Subsection 21A.51.040.A, the boundaries of a landmark site shall be drawn to ensure that historical associations, that best enhance the integrity of the site comprise the boundaries. D. Boundaries of a Proposed Local Historic District: When applying the evaluation criteria in Subsection 21A.51.040.A, the boundaries shall be drawn to ensure the local historic district: 1. Contains a significant density of documented sites, buildings, structures or features rated as contributing structures in a recent historic survey; 2. Coincides with documented historic boundaries such as early roadways, canals, subdivision plats or property lines; 3. Coincides with logical physical or manmade features and reflect recognized neighborhood boundaries; and 4. Contains noncontributing resources or vacant land only where necessary to create appropriate boundaries to meet the criteria in Subsections 21A.51.040.A and 21A.51.040.D. E. 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 associated by historical, 36 architectural, or aesthetic characteristics and contribute to the historic preservation goals of Salt Lake City by protecting historical, architectural, or aesthetic interest or value. 21A.51.050: EXISTING LOCAL HISTORIC AMENDMENT PROCESS: A. Applicability: Existing Local Historic Amendments applies to the following: 1. Expanding the boundaries of an existing landmark site, local historic district, or adding additional properties to an existing thematic designation; 2. Reducing the boundaries of an existing landmark site, local historic district, or removing properties from an existing thematic designation; and 3. Revocation of the designation of a landmark site. B. Process for Amendments to Existing Local Historic Districts and Thematic Designations: 1. Boundary Expansion: The process for expanding the boundaries of an existing local historic district or adding properties to a thematic designation shall be the same as outlined in Subsection 21A.51.030.A except that the following shall only apply to the properties being added into the proposed expanded boundary and do not apply to those properties already designated in a local historic district or thematic designation and already subject to the H Historic Preservation Overlay District: a. The notification to affected property owners described in Subsection 21A.51.030.A.1.b; b. The application submittal requirements for demonstrating support of 33% of the property owners described in Subsection 21A.51.030.A.2; c. The property owner meeting described in Subsection 21A.51.030.A.6; d. The opinion ballot described in Subsection 21A.51.030.A.9; e. Notification of property owner opinion balloting results in Subsection 21A.51.030.A.10; and f. City council consideration opinion ballot thresholds described in Subsection 21A.51.030.A.11. 2. Boundary Reduction: The process for reducing the boundaries of an existing local historic district or removing properties from a thematic designation shall be the same as outlined in Subsection 21A.51.030.A except that: a. The requirements described in Subsection 21A.51.050.B.1.a through f, shall only apply to those properties proposed to be removed from the local historic district or 37 thematic designation and do not apply to those properties already designated in a local historic district or thematic designation and already subject to the H Historic Preservation Overlay District. b. 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 21A.10 of this title. Applications filed by the city council, planning commission or the mayor shall not be required. C. Amendments to Existing Landmark Sites: 1. Boundary Expansion or Reduction or Revocation: The process for expanding or reducing the boundaries of an existing landmark site or the revocation of the designation of a landmark site shall follow the steps outlined in Subsection 21A.51.030.B in addition to: a. Fees: Applications for reducing the boundaries of a landmark site or for the revocation of the designation of a landmark site 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 21A.10 of this title. Applications filed by the city council, planning commission or the mayor shall not be required. 21A.51.060: EXISTING LOCAL HISTORIC AMENDMENT CRITERIA: A. Expansion: A proposed expansion of the boundaries of an existing landmark site, local historic district, or the addition of properties to a thematic designation shall be considered utilizing the provisions of Subsections 21A.51.040.A through E and provided that new information indicates that the inclusion of additional properties would better convey the historical and architectural integrity of the landmark site, local historic district or thematic designation. B. Reduction: A proposed reduction of the boundaries of an existing landmark site, local historic district or the removal of properties from a thematic designation shall demonstrate the properties have no longer met the criteria in Subsection 21A.51.040.A for inclusion within the landmark site, local historic district or thematic designation. The qualities that 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 designation. 38 C. Revocation of the Designation of a Landmark Site: A proposal for revocation of a landmark site shall demonstrate the property no longer meets the criteria in Subsection 21A.51.040.A for which it was originally designated. 21A.51.070: LIMITATIONS: A. If a local historic district or thematic designation proposal fails in accordance with the voting procedures set forth in Subsection 21A.51.030.A.9, a resident may not initiate the creation of a local historic district or thematic designation that includes more than fifty percent (50%) of the same property as the failed local historic district or thematic designation proposal for four (4) years after the day on which the property owner opinion ballots for the vote were due. 1. This determination shall be made by the zoning administrator upon receipt of an application pursuant to Section 21A.51.030 of this chapter. This provision shall not restrict the mayor or the city council from initiating a petition at any time for a new local historic district or thematic designation, or to amend the boundaries of a local historic district or the removal or addition of properties in a thematic designation. 21A.51.080: HISTORIC RESOURCE SURVEYS A. Existing Historic Resource Surveys: Any historic resource survey that was conducted for the city prior to the amendment of this chapter shall be utilized by the planning director and the historic landmark commission in applying provisions of Section 21A.34.020 the H Historic Preservation Overlay District. Any subsequent adoption of a historic resource survey will be done by ordinance in accordance with the provisions in this chapter and will supersede previous surveys. B. Updates to Historic Resource Surveys: 1. Applicability: The city aims to update historic resource surveys on a periodic basis as recommended by the National Park Service. Updates to surveys are for land use purposes to determine periods of significance, to determine historic status of individual properties, to update the national register, and to keep archival records on historic properties. Updates to a historic resource survey for existing local historic district is subject to the following: a. The standards of the H Historic Preservation Overlay apply to those properties within an adopted local historic district. Any other properties evaluated in a historic resource survey outside the boundary of a designated local district or thematic designation will not be subject to the land use regulations associated with historic status designations in the H Historic Preservation Overlay District. 39 b. An updated historic resource survey maintains the boundaries of a local historic or the properties within a thematic designation but may update the historic status of properties within the adopted H Historic Preservation Overlay District. c. Historic Status Determinations: Instances where the historic status of an individual property within a local historic district is in question, the zoning administrator will use the provisions of Subsection 21A.34.020.D to make a timely determination. d. Any properties changing status from the most recent historic resource survey shall be specifically identified in the updated survey and their period of significance and historic status listed. 2. Process for Updating Historic Resource Surveys: a. Public Hearings: A public hearing shall be held with both the historic landmark commission and the planning commission in accordance with the standards and procedures set forth in Chapter 21A.10, “General Application and Public Hearing Procedures”, of this title. The historic landmark commission and planning commission shall recommend approval or denial of the updated historic resource survey or the approval of some modification of the updated historic resource survey and the recommendation will be submitted to the city council. b. City Council: Following the transmittal of the historic landmark commission’s recommendation, the city council shall hold a public hearing to consider adopting the updated historic survey in accordance with the procedures set forth in Chapter 21A.10, “General Application and Public Hearing Procedures”, of this title. The city council may, by a majority vote, adopt the updated historic resource survey. In deciding to adopt an updated historic resource survey, the city council may consider the following in their decision making: (1) Any benefit or impact that extending the period of significance would have on the local district or thematic designation and the city; (2) Any new period of significance in the updated survey is identified and associated with at least one of the following: (a) Events that have made significant contribution to the important patterns of history, or (b) Lives of persons significant in the history of the city, region, state, or nation, or 40 (c) The distinctive characteristics of a type, period of significance or method of construction; or the work of a notable architect or master craftsman, or (d) Information important in the understanding of the prehistory or history of Salt Lake City; and (3) Any properties within a new period of significance will be assessed for aspects of integrity in terms of location, design, setting, materials, workmanship, feeling and association as defined by the National Park Service Aspects of integrity. When analyzing integrity, the collective historic value of the buildings and structures in a local historic district taken together may be greater than the historic value of each individual building or structure in a district. If integrity is intact, the property is denoted as contributing in the updated survey; (4) Any 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 are specifically identified for any new periods of significance in the updated survey; (5) The historic survey update would be in the overall public interest. C. City Council Action: If an updated historic resource survey is adopted by the city council, the updated historic resource survey including any updated historic status designations shall be used when applying provisions of the H Historic Preservation Overlay District in Section 21A.34.020. The decision to update a historic resource survey will go into effect on the date of the publication of the related ordinance unless otherwise noted on the adopted ordinance. 21A.51.090: APPEAL OF DECISION: Any party adversely affected by the decision of the city council may, within thirty (30) days after such decision, file a petition for review to the District Court pursuant to the Municipal Land Use Development and Management Act, Section 10-9a-801, of the Utah Code. SECTION 11. Amending the Text of Salt Lake City Code Section 21A.60.020. That Section 21A.60.020 of the Salt Lake City Code (Zoning: List of Terms: List of Defined Terms) shall be and hereby is amended to add the following terms in the list of defined terms to be inserted into that list in alphabetical order: 41 Contributing Structure Noncontributing Structure Demolition (as it applies to properties within the H Historic Preservation Overlay District) Demolition, Partial (as it applies to properties within the H Historic Preservation Overlay District) Historic Design Guidelines Historic Integrity Economic Hardship Historic Resource Survey Landmark Site Local Historic District Period of Significance Thematic Designation Willful Neglect SECTION 12. Amending the Text of Salt Lake City Code Section 21A.62.040. That Section 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms) shall be and hereby is amended to add the following definitions, which shall be inserted in alphabetical order and shall read as follows: CONTRIBUTING STRUCTURE: A structure or site within the H historic preservation overlay district that has been determined through the process outlined in Section 21A.51.040, or an adopted historic resource survey, or Subsection 21A.34.020.D, to generally retain historic integrity. When analyzing historic integrity of a building as part of a local historic district, the collective historic value of the buildings and structures in a local historic district taken together may be greater than the historic value of each individual building or structure in a district. A contributing structure generally has its major character defining features intact and although minor alterations may have occurred, they are generally reversible. DEMOLITION (AS IT APPLIES TO PROPERTIES WITHIN THE H HISTORIC PRESERVATION OVERLAY DISTRICT): Any act or process which destroys a structure, object or property within the H Historic Preservation Overlay District or a landmark site. (See definition of demolition, partial.) DEMOLITION, PARTIAL (AS IT APPLIES TO PROPERTIES WITHIN THE H HISTORIC PRESERVATION OVERLAY DISTRICT): Partial 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 42 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. ECONOMIC HARDSHIP: Denial of a property owner of all reasonable beneficial or economically viable use of a property without just compensation. HISTORIC DESIGN GUIDELINES: The historic 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 H 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 interpretation of the zoning ordinance standards. Design guidelines are officially adopted by city council. HISTORIC INTEGRITY: The ability of a property to convey its historical associations or attributes. As defined by the National Park Service, the following aspects or qualities, in various combinations, define historic integrity: Location- Location is the place where the historic property was constructed or the place where a historic event occurred. Design: Design is the combination of elements that create the form, plan, space, structure, and style of a property. Setting: Setting is the physical environment of a historic property. Materials: Materials are the physical elements that were combined or deposited during a particular period of time and in a particular pattern or configuration to form a historic property. Workmanship: Workmanship is the physical evidence of the crafts of a particular culture or people during any given period in history. Feeling: Feeling is a property’s expression of the aesthetic or historic sense of a particular period of time. Association: Association is the direct link between an important historic event or person and a historic property. HISTORIC RESOURCE SURVEY: 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. Historic resource surveys shall be prepared by a qualified professional meeting the minimum professional qualifications defined by the U.S. National Park Service in the fields of history, archeology, architectural history, architecture, or historic architecture. 43 LANDMARK SITE: Any historic site that has been designated in accordance with Subsection 21A.51.030.B or any site on the Salt Lake City Register of Cultural Resources. A landmark site includes an individual building, structure or feature or an integrated group of buildings, structures or features on a single site. 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 conveys a sense of time and place and enables the public to interpret the historic character of the site. Landmark sites are subject to the regulations of Section 21A.34.020, the H Historic Preservation Overlay District. LOCAL HISTORIC DISTRICT: A contiguous geographically definable area with a minimum district size of one “block face”, as defined in Section 21A.62.040, designated by the city council pursuant to the provisions in Subsection 21A.51.030.A, which contains buildings, structures, sites, objects, landscape features, archaeological sites and works of art, or a combination thereof, that contributes to the historic preservation goals of Salt Lake City. All properties within a local historic district are subject to the regulations of Section 21A.34.020 the H Historic Preservation Overlay District. NONCONTRIBUTING STRUCTURE: A structure or site within the H Historic Preservation Overlay District that has been determined noncontributing through the process outlined in Section 21A.51.040, or an adopted historic resource survey, or Subsection 21A.34.020.D, and does not retain historic integrity. The major character defining features have been so altered as to make the historic form, materials or details indistinguishable and such alterations are irreversible. Noncontributing structures may also include those rated out of period, and therefore, they are not representative of a period of significance as identified in an adopted historic resource survey. PERIOD OF SIGNIFICANCE: The period of significance is the period when the historic events associated with a local historic district, thematic designation, or landmark site occurred. This period must reflect the dates associated with the property or site, or in the case of a district, the collection of properties within the district. A period of significance may be thousands of years (in the case of an archeological property), several years, or even a few days, depending on the duration of the event. There may be multiple periods of significance associated with a local historic district, thematic designation, or landmark site. THEMATIC DESIGNATION: A collection of individual sites, buildings, structures, or features designated by City Council pursuant to the provisions in Subsection 21A.51.030.A, 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. All properties within a thematic designation are subject to the regulations of Section 21A.34.020 the H Historic Preservation Overlay District. WILLFUL NEGLECT: The intentional absence of routine maintenance and repair of a building over time. 44 SECTION 13. Amending the Consolidated Fee Schedule. That the section of the Salt Lake City consolidated fee schedule titled, “Zoning Fees” shall be and hereby is amended to read as follows: ZONING FEES For question regarding Zoning fees contact: 801.535.7700 Service Fee Additional Information Section Determination of Nonconforming Use $214 21A.38.025.4 Administrative Interpretation $71 Plus $61 per hour for research after the first hour 21A.12.040.A.6 Alley Vacation/Closure $285 Fee waiver available if adequate signatures are obtained. See also fee for required public notices (21A.10.010.E) 14.52.030. A.5 Alternative Parking Residential $428 21A.52.040 .A.3 Nonresidential $785 21A.52.040 .A.3 Amendments Master plan $1,070 Plus $121 per acre in excess of one acre. See also fee for required public notices (10.9a.204). Utah Code 10.9A.510 Zoning map amendment $1,142 Plus $121 per acre in excess of one acre. See also fee for required public notices (21A.10.010.E). 21A.50.040.B Zoning text amendment $1,142 See also fee for required public notices (21A.10.010.E) 21A.50.040.B Annexation $1,427 See also fee for required public notices (21A.10.010.E) Utah Code 10.2.401.5 Appeal of a Decision Administrative decision $285 See also fee for required public notices (21A.10.010.E) 21A.16.030.B Historic Landmark Commission $285 See also fee for required public notices (21A.10.010.E) 21A.16.030.B Planning Commission $285 See also fee for required public notices (21A.10.010.E) 21A.16.030.B Appearance Before the Zoning Enforcement Hearing Office First scheduled hearing No charge 21A.20.90 Second scheduled hearing $71 21A.20.90 Billboard Construction or Demolition including the demolition of a non-conforming billboard $285 21A.46.160.D.3 & 21A.46.160.L.2 Conditional Building and Site Design Review $856 Plus $121 per acre in excess of one acre. See also fee for required public notices (21A.10.010.E). 21A.59.070.B Conditional Use $856 See also fee for required public notices (21.A.10.010.E). 21A.54.060.C Condominium Preliminary $571 Plus $37 per unit. See also fee for required public notices (21.A.10.010.E). 20.56.40.B Final $428 Plus $24 per unit. 20.56.40.B Declaration of Surplus Real Property $428 2.58.040 45 Historic Landmarks Commission Review (Application) Major Alterations of a principal building $100 See also fee for required public notices (21A.10.010.E) 21A.34.020 New construction of a principal building $2,982 See also fee for required public notices (21A.10.010.E) 21A.34.020 Demolition of a contributing principal building $2,406 See also fee for required public notices (21A.10.010.E) 21A.34.020 Relocation of a contributing principal building $303 See also fee for required public notices (21A.10.010.E) 21A.34.020 Reduction to boundaries of the H Historic Pres. Overlay District $2,999 See also fee for required public notices (21A.10.010 E) 21A.51.050 Revocation of a Landmark Site $2,999 See also fee for required public notices (21A.10.010 E) 21A.51.050 Economic Hardship $2,050 Plus $200/hour up to $20,000. See also fee for required public notices (21A.10.010.E) 21A.34.020 Home Occupation Non-conditional No charge Fee could be assessed in future as per ordinance 21A.36.030 Conditional No charge Fee could be assessed in future as per ordinance 21A.36.030 Outdoor Dining Outdoor Dining Application $30 21A.40.065 Outdoor Dining Permit Fee (1-5 tables) $120 21A.40.065 Outdoor Dining Permit Fee (6 or more tables) $180 21A.40.065 Planned Development $856 Plus $121 per acre in excess of (1) acre. See also fee for required public notices (21A.10.010.E) 21A.55 Signs Permit fee for signs Based on the adopted Building Permit Fee Schedule 21A.46.030 Plan checking fee $0.13 Of building permit value 21A.46.030 Inspection tag $14 21A.46.030 Site Development Permit $285 Plus $61 per acre in excess of one (1) acre 18.28.040.E Street Closure $428 See also fee for required public notices. 2.58.040 Subdivision Amendments $428 Plus $121 per lot. See also fee for required public notices (20.36) 20.04.120 Subdivision Preliminary Plat $428 Plus $121 per lot. See also fee for required public notices (20.36) 20.04.120 Subdivision Final Plat $856 Plus $121 per lot. 20.04.120 Subdivision Vacations $428 See also fee for required public notices (20.36) 20.04.120 Engineering Review and Inspection Fee 5% of the 1st $100,000 of public improvemen ts & 2% for the amount above $100,000 20.04.120 Subdivision Lot Line Adjustment $284 20.04.120 Subdivision Consolidating Lots $273 20.04.120 Temporary Uses $285 21A.42.060.B Zoning Variance $428 See also fee for required public notices (21A.10.010.E) 21A.18.040.B 46 As per applicable sections of the city and/or state code, a fee will be assessed for required public notices. This may include sending notice by 1st class U.S. Mail to property owners within a certain radius of the subject property and / or advertising required public hearings in a newspaper of general circulation. A fee for each required public hearing will be assessed. The noticing fee is authorized through the following sections of the zoning ordinance and state law: Salt Lake City Code Subsection 21A.10.010.E and Utah Code Section 10-9a-501. SECTION 14. Effective Date. This Ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 2023. ______________________________ CHAIRPERSON ATTEST AND COUNTERSIGN: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor’s Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2023. Published: ______________. Ordinance amending H Historic Preservation Overlay District regs (final) 6.29.23 APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:___________________________ By: ____________________________ Paul C. Nielson, Senior City Attorney June 29, 2023 1 LEGISLATIVE DRAFT SALT LAKE CITY ORDINANCE 1 No. _____ of 2023 2 3 (An ordinance amending various sections of Title 21A of the Salt Lake City Code 4 pertaining to the H Historic Preservation Overlay District and 5 amending the consolidated fee schedule.) 6 7 An ordinance amending various sections of Title 21A of the Salt Lake City Code and the 8 consolidated fee schedule pursuant to Petition No. PLNPCM2023-00123 pertaining to the H 9 Historic Preservation Overlay District. 10 WHEREAS, on May 4, 2023, the Salt Lake City Historic Landmark Commission 11 (“Landmark Commission”) held a public hearing to consider a petition submitted by Mayor Erin 12 Mendenhall (“Applicant”) (Petition No. PLNPCM2023-00123) to amend various sections of 13 Title 21A of the Salt Lake City Code pertaining to the H Historic Preservation Overlay District; 14 and 15 WHEREAS, at its May 4, 2023 meeting, the Landmark Commission voted in favor of 16 transmitting a positive recommendation to the Salt Lake City Planning Commission (“Planning 17 Commission”) and the Salt Lake City Council (“City Council”) on said petition; and 18 WHEREAS, on May 24, 2023 the Planning Commission held a public hearing on said 19 petition; and 20 WHEREAS, at its May 24, 2023 meeting, the Planning Commission voted in favor of 21 transmitting a positive recommendation to the City Council on said petition; and 22 WHEREAS, after a public hearing on this matter the city council has determined that 23 adopting this ordinance is in the city’s best interests. 24 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 25 2 LEGISLATIVE DRAFT SECTION 1. Amending the text of Salt Lake City Code Section 21A.06.040. That 26 Section 21A.06.040 of the Salt Lake City Code (Zoning: Decision Making Bodies and Officials: 27 Appeals Hearing Officer) shall be, and hereby is amended to read as follows: 28 21A.06.040: APPEALS HEARING OFFICER: 29 A. Creation: The position of Aappeals Hhearing Oofficer is created pursuant to the enabling 30 authority granted by the Municipal Land Use, Development, and Management Act, 31 sSection 10-9a-701 of the Utah Code Annotated. 32 33 B. Jurisdiction aAnd Authority: The Aappeals Hhearing Oofficer shall have the following 34 powers and duties in connection with the implementation of this title: 35 36 1. Hear and decide appeals from any administrative decision made by the Zzoning 37 Aadministrator in the administration or the enforcement of this title pursuant to the 38 procedures and standards set forth in cChapter 21A.16, “Appeals oOf Administrative 39 Decisions”, of this title; 40 41 2. Authorize variances from the terms of this title pursuant to the procedures and 42 standards set forth in cChapter 21A.18, “Variances”, of this title; 43 44 3. Hear and decide appeals of any administrative decision made by the Hhistoric 45 Llandmark Ccommission, or the planning director in the case of administrative 46 decisions, pursuant to the procedures and standards set forth in sSection 21A.34.020, 47 “H Historic Preservation Overlay District”, of this title; 48 49 4. Hear and decide appeals from decisions made by the Pplanning Ccommission 50 concerning subdivisions or subdivision amendments pursuant to the procedures and 51 standards set forth in title 20, “Subdivisions aAnd Condominiums”, of this Ccode; 52 and 53 54 5. Hear and decide appeals from administrative decisions made by the planning 55 commission pursuant to the procedures and standards set forth in this title. 56 57 C. Qualifications: The appeals hearing officer shall be appointed by the mayor with the 58 advice and consent of the city council. The mayor may appoint more than one appeals 59 hearing officer, but only one appeals hearing officer shall consider and decide upon any 60 matter properly presented for appeals hearing officer review. The appeals hearing officer 61 may serve a maximum of two (2) consecutive full terms of five (5) years each. The 62 appeals hearing officer shall either be law trained or have significant experience with 63 land use laws and the requirements and operations of administrative hearing processes. 64 65 3 LEGISLATIVE DRAFT D. Conflict oOf Interest: The appeals hearing officer shall not participate in any appeal in 66 which the appeals hearing officer has a conflict of interest prohibited by tTitle 67 2, cChapter 2.44 of this code. 68 69 E. Removal oOf The Appeals Hearing Officer: The appeals hearing officer may be removed 70 by the mayor for violation of this title or any policies and procedures adopted by the 71 planning director following receipt by the mayor of a written complaint filed against the 72 appeals hearing officer. If requested by the appeals hearing officer, the mayor shall 73 provide the appeals hearing officer with a public hearing conducted by a hearing officer 74 appointed by the mayor. 75 76 SECTION 2. Amending the text of Salt Lake City Code Section 21A.06.050. That 77 Section 21A.06.050 of the Salt Lake City Code (Zoning: Decision Making Bodies and Officials: 78 Historic Landmark Commission) shall be, and hereby is amended to read as follows: 79 21A.06.050: HISTORIC LANDMARK COMMISSION: 80 81 A. General Provisions: The provisions of tTitle 2, cChapter 2.07 of this code shall apply to 82 the historic landmark commission except as otherwise set forth in this section. 83 84 B. Creation: The historic landmark commission was created pursuant to the enabling 85 authority granted by the hHistoric dDistrict aAct, sSection 11-18-1 et seq., of the Utah 86 Code Annotated, 1953 (repealed), and continues under the authority of Utah Code 87 Section 10-8-85.9 and the lLand uUse dDevelopment and mManagement aAct, Utah 88 cCode cChapter 10-9a. 89 90 C. Jurisdiction Aand Authority: The historic landmark commission shall: 91 92 1. Review and approve or deny an application for a certificate of appropriateness 93 pursuant to the provisions of cChapter 21A.34 of this title; 94 95 2. Participate in public education programs to increase public awareness of the value of 96 historic, architectural and cultural preservation; Communicate the benefits of historic 97 preservation for the education, prosperity, and general welfare of residents, visitors 98 and tourists; 99 100 3. Review and approve or deny applications for the demolition of contributing principal 101 structures in the H hHistoric pPreservation oOverlay dDistrict pursuant to cChapter 102 21A.34 of this title; 103 104 4 LEGISLATIVE DRAFT 4. Review designations, amendments to and boundaries of a local historic district, 105 thematic designation and landmark sites, and make a recommendation Recommend to 106 the planning commission and the city council; the boundaries for the establishment of 107 an H historic preservation overlay district and landmark sites; 108 109 5. Make recommendations when requested by the planning commission, the hearing 110 officer or the city council, as appropriate, on applications for zoning amendments and 111 conditional uses involving properties within the H hHistoric pPreservation oOverlay 112 dDistricts; when requested by the applicant, planning director, planning commission 113 or the city council; 114 115 6. Review and approve or deny certain modifications to dimensional standards for 116 properties located within an H Historic Preservation Overlay District. This authority 117 is also granted to the planning director or designee for applications within the H 118 Historic Preservation Overlay District that are eligible for an administrative approval 119 decision by the planning director or zoning administrator. The certain modifications 120 to zoning district specific development standards are listed as follows and are in 121 addition to any modification authorized elsewhere in this title: 122 123 a. Overall building and accessory structure height; 124 ba. Building and accessory structure wall height; 125 b. Accessory structure wall height; 126 c. Accessory structure square footage; 127 d. Fence and retaining wall height; 128 e. Overall building and accessory structure height; 129 ef. Signs pursuant to sSection 21A.46.070 of this title; and 130 fg. Any modification to bulk and lot regulations, except density, of the underlying 131 zoning district where it is found that the proposal complies with the applicable 132 standards identified in sSection 21A.34.020 and is compatible with the 133 surrounding historic structures.; 134 7. Make recommendations to the planning commission in connection with the 135 preparation of the general plan of the city; and 136 137 8. Make recommendations to the cCity cCouncil on design guidelines, policies and 138 ordinances that may encourage preservation of buildings and related structures of 139 historical and architectural significance.; 140 141 9. Review historic resource surveys for designations and all subsequent updates and 142 make recommendations to the planning commission and the city council; 143 5 LEGISLATIVE DRAFT 144 10. Review National Register of Historic Places nominations or amendments and make a 145 recommendation to the Utah Board of State History; and 146 147 11. Recommend to the city council development of incentive programs, either public or 148 private, to encourage the preservation of the city’s historic resources. 149 150 D. Membership: The Hhistoric Llandmark Ccommission shall consist of not less than seven 151 (7) nor more than eleven (11) voting members appointed in a manner providing balanced 152 geographic, professional, neighborhood and community interests representation. In 153 situations where a member resigns or is removed as prescribed in this code and adopted 154 policies and procedures and as a result, the number of members drops to less than seven 155 (7), the commission may still function until a 7th member is appointed. Appointment to a 156 position created by any vacancy shall not be included in the determination of any 157 person’s eligibility to serve two (2) consecutive full terms. 158 159 E. Qualifications Oof Members: Each voting member shall be a resident of the Ccity 160 interested in preservation and knowledgeable about the heritage of the Ccity. Members 161 shall be selected so as to ideally provide representation from the following groups of 162 experts and interested parties whenever a qualified candidate exists: 163 164 1. At least two (2) architects, and 165 166 2. Citizens Residents at large possessing preservation related experience in archaeology, 167 architecture, architectural history, construction, history, folk studies, law, public 168 history, real estate, real estate appraisal, or urban planning. 169 170 F. Meetings: The Hhistoric Llandmark Ccommission shall meet at least once per month or 171 as needed. 172 173 G. Commission Action: A simple majority of the voting members present at a meeting at 174 which a quorum is present shall be required for any action taken. The decision of the 175 Historic Landmark Commission shall become effective upon the posting of the record of 176 decision. 177 178 H. Public Hearings: The Hhistoric Llandmark Ccommission shall schedule and give public 179 notice of all public hearings pursuant to the provisions of cChapter 21A.10 of this title. 180 181 I. Removal Oof Aa Member: Any member of the Hhistoric Llandmark Ccommission may 182 be removed by the Mmayor for violation of this title or any policies and procedures 183 adopted by the Hhistoric Llandmark Ccommission following receipt by the Mmayor of a 184 written complaint filed against the member. 185 186 6 LEGISLATIVE DRAFT J. Policies aAnd Procedures: The Hhistoric Llandmark Ccommission shall adopt policies 187 and procedures for the conduct of its meetings, the processing of applications and for any 188 other purposes considered necessary for its proper functioning. 189 190 SECTION 3. Amending the text of Salt Lake City Code Subsection 21A.10.020.B. That 191 Subsection 21A.010.020.B of the Salt Lake City Code (Zoning: General Application and Public 192 Hearing Procedures: Public Hearing Noticing Requirements: Special Noticing Requirements for 193 Administrative Approvals) shall be, and hereby is amended to read as follows: 194 B. Special Noticing Requirements fFor Administrative Approvals: 195 196 1. Notice Oof Application for Design Review: 197 198 a. Notification: At least twelve (12) days before a land use decision is made for an 199 administrative design review application as authorized in Chapter 21A.59 of this 200 title, the planning director shall provide written notice to the following: 201 202 (1) All owners and identifiable tenants of the subject property, land abutting the 203 subject property, and land located directly across the street from the subject 204 property. In identifying the owners and tenants of the land the city shall use 205 the Salt Lake City geographic information system records. 206 (2) Recognized community organization(s) in which the subject property is 207 located. 208 209 b. Contents of the Notice of Application: The notice shall generally describe the 210 subject matter of the application, where the public may review the application, the 211 expected date when the planning director will authorize a final land use decision, 212 and the procedures to appeal the land use decision. 213 c. End of Notification Period: If the planning director receives comments identifying 214 concerns related to the design review application not complying with the 215 requirements of Chapter 21A.59, the planning director may refer the matter to the 216 planning commission for their review and decision on the application. 217 218 2. Notice of Application for Demolition of a Noncontributing Principal Structure Within 219 An H Historic Preservation Overlay District: Prior to the approval of At least twelve 220 (12) days before a land use decision is made on an application for an administrative 221 decision for a certificate of appropriateness for demolition of a noncontributing 222 principal structure, the city shall provide written notice by first class mail a minimum 223 of twelve (12) calendar days in advance of the requested action of the request to 224 demolish the structure and to identify that a determination has been made that the 225 building has been identified as a noncontributing building. This notice will be sent to 226 all owners of the land and tenants, of abutting properties and those properties across 227 the street from the subject property within eighty-five feet (85') of the land subject to 228 7 LEGISLATIVE DRAFT the application as shown on the Salt Lake City geographic information system 229 records. At the end of the twelve (12) day notice period, the planning director shall 230 either issue a certificate of appropriateness for demolition or refer the application to 231 the historic landmark commission. 232 233 a. Contents of the Notice of Application: The mailing notice shall generally describe 234 the subject property, include a vicinity map, include a photograph of the 235 noncontributing structure, date of construction, historic status from the most 236 recent historic survey on file or from a historic status determination, where the 237 application can be inspected by the public, and the date when the planning 238 director will issue a certificate of appropriateness for demolition. 239 240 3. Notice Of Application For Special Exceptions: Prior to the approval of an 241 administrative decision for special exceptions as authorized in chapter 21A.52 of this 242 title, the Planning Director shall provide written notice by first class mail a minimum 243 of twelve (12) days in advance of the requested action to all abutting properties and 244 those properties located across the street from the subject property, and to all property 245 owners and tenants of the land subject to the application, as shown on the Salt Lake 246 City geographic information system records. 247 a. Contents Of The Mailing Notice Of Application: The notice for mailing shall 248 generally describe the subject matter of the application, the place where such 249 application may be inspected by the public, the date when the Planning Director 250 will authorize a final administrative decision, and include the procedures to appeal 251 an administrative decision set forth in chapter 21A.16 of this title. 252 253 3. Notice oOf Application fFor TSA Development Reviews: Prior to the approval of a 254 development review score as authorized in Section 21A.26.078 of this title, the 255 planning director shall provide written notice by first class mail a minimum of twelve 256 (12) days in advance of the requested action to all abutting properties and those 257 properties located across the street from the subject property, and to all property 258 owners and tenants of the land subject to the application, as shown on the Salt Lake 259 City geographic information system records. 260 a. Contents oOf tThe Mailing Notice oOf Application: The notice for mailing shall 261 generally describe the subject matter of the application, the place where such 262 application may be inspected by the public, the date when the planning director 263 will authorize a final administrative decision, and include the procedures to appeal 264 an administrative decision set forth in Chapter 21A.16 of this title. 265 266 8 LEGISLATIVE DRAFT SECTION 4. Amending the text of Salt Lake City Code Section 21A.34.020. That 267 Section 21A.34.020 of the Salt Lake City Code (Zoning: Overlay Districts: H Historic 268 Preservation Overlay District) shall be, and hereby is amended to read as follows: 269 21A.34.020: H HISTORIC PRESERVATION OVERLAY DISTRICT: 270 271 A. Purpose Statement 272 B. Applicability 273 C. Local Historic Designation, Amendments or Revocation 274 D. Historic Status Determination 275 E. Certificate of Appropriateness Required 276 F. Procedures for Issuance of a Certificate of Appropriateness 277 G. Standards for Alteration of a Landmark Site, Contributing Structure or New 278 Construction of an Accessory Structure 279 H. Standards for New Construction or Alteration of a Noncontributing Structure 280 I. Standards for Relocation 281 J. Standards for Demolition of a Landmark Site 282 K. Standards for Demolition of a Contributing Principal Building 283 L. Economic Hardship Determination 284 285 286 A. Purpose Statement: 287 288 In order to contribute to the welfare, prosperity and education of the people of Salt Lake City, 289 the purpose of the H Historic Preservation Overlay District is to: 290 291 1. Provide the means to protect and preserve areas of the Ccity and individual structures 292 and sites having historic, architectural or cultural significance; 293 294 2. Provide the means to manage alterations to historic structures to encourage beneficial 295 use and viability of the building while protecting an individual building’s contributing 296 status. 297 298 32. Encourage new development, and redevelopment and the subdivision of properties 299 lots in Historic Districts that is compatible with the character of existing development 300 of Hhistoric Ddistricts or individual landmarks; 301 302 43. Abate the destruction and demolition of historic structures; 303 304 54. Implement adopted plans of the Ccity related to historic preservation; 305 306 65. Foster civic pride in the history of Salt Lake City; 307 308 9 LEGISLATIVE DRAFT 76. Protect and enhance the attraction of the Ccity’s historic landmarks and districts for 309 tourists and visitors; 310 311 87. Foster economic development consistent with historic preservation; and 312 313 98. Encourage social, economic and environmental sustainability. 314 315 B. Definitions: 316 CONTRIBUTING STRUCTURE: A structure or site within the H Historic Preservation 317 Overlay District that meets the criteria outlined in subsection C15 of this section and is of 318 moderate importance to the City, State, region or Nation because it imparts artistic, historic 319 or cultural values. A contributing structure has its major character defining features intact and 320 although minor alterations may have occurred they are generally reversible. Historic 321 materials may have been covered but evidence indicates they are intact. 322 DEMOLITION: Any act or process which destroys a structure, object or property within the 323 H Historic Preservation Overlay District or a landmark site. (See definition of demolition, 324 partial.) 325 DEMOLITION, PARTIAL: Partial demolition includes any act which destroys a portion of a 326 structure consisting of not more than twenty five percent (25%) of the floor area of the 327 structure, and where the portion of the structure to be demolished is not readily visible from 328 the street. Partial demolition also includes the demolition or removal of additions or materials 329 not of the historic period on any exterior elevation exceeding twenty five percent (25%) 330 when the demolition is part of an act of restoring original historic elements of a structure 331 and/or restoring a structure to its historical mass and size. 332 DESIGN GUIDELINES: The design guidelines provide guidance in determining the 333 suitability and architectural compatibility of proposed maintenance, repair, alteration or new 334 construction while at the same time, allowing for reasonable changes that meet current needs 335 of properties located within the Historic Preservation Overlay District. For architects, 336 designers, contractors and property owners, they provide guidance in planning and designing 337 future projects. For City staff and the Historic Landmark Commission, they provide guidance 338 for the interpretation of the zoning ordinance standards. Design guidelines are officially 339 adopted by City Council. 340 ECONOMIC HARDSHIP: Denial of a property owner of all reasonable beneficial or 341 economically viable use of a property without just compensation. 342 HISTORIC RESOURCE SURVEY: A systematic resource for identifying and evaluating the 343 quantity and quality of historic resources for land use planning purposes following the 344 guidelines and forms of the Utah State Historic Preservation Office. 345 1. Reconnaissance level surveys (RLS) are the most basic approach for systematically 346 documenting and evaluating historic buildings in Utah communities and involves 347 only a visual evaluation of properties. 348 10 LEGISLATIVE DRAFT 2. Intensive level surveys (ILS) include in depth research involving research on the 349 property and its owners, documentation of the property’s physical appearance and 350 completion of the Utah State Historic Office’s historic site form. 351 LANDMARK SITE: Any site included on the Salt Lake City Register of Cultural Resources 352 that meets the criteria outlined in subsection C15 of this section. Such sites are of exceptional 353 importance to the City, State, region or Nation and impart high artistic, historic or cultural 354 values. A landmark site clearly conveys a sense of time and place and enables the public to 355 interpret the historic character of the site. 356 LOCAL HISTORIC DISTRICT: A geographically or thematically definable area within the 357 H Historic Preservation Overlay District designated by the City Council pursuant to the 358 provisions of this section, which contains buildings, structures, sites, objects, landscape 359 features, archaeological sites and works of art, or a combination thereof, that contributes to 360 the historic preservation goals of Salt Lake City. 361 NEW CONSTRUCTION: The building of a new principal building within the H Historic 362 Preservation Overlay District or on a landmark site. 363 NONCONTRIBUTING STRUCTURE: A structure within the H Historic Preservation 364 Overlay District that does not meet the criteria listed in subsection C15 of this section. The 365 major character defining features have been so altered as to make the original and/or historic 366 form, materials and details indistinguishable and alterations are irreversible. Noncontributing 367 structures may also include those which are less than fifty (50) years old. 368 THEMATIC DESIGNATION: A collection of individual sites, buildings, structures, or 369 features which are contained in two (2) or more geographically separate areas that are united 370 together by historical, architectural, or aesthetic characteristics and contribute to the historic 371 preservation goals of Salt Lake City by protecting historical, architectural, or aesthetic 372 interest or value. 373 WILLFUL NEGLECT: The intentional absence of routine maintenance and repair of a 374 building over time. 375 B. Applicability: All properties located within the boundaries of a local historic district, part 376 of a thematic designation, or designated as a landmark site are subject to the requirements 377 of this chapter. 378 379 1. Applicable Standards: The applicable standards of this chapter are determined by the 380 historic status rating of the property, either contributing or noncontributing, as 381 identified in the most recent historic resource survey on file with the Salt Lake City 382 Planning Division or a historic status determination issued in accordance with 383 Subsection 21A.34.020.D. 384 385 C. Local Historic Designation, Amendments, or Revocation: Local Historic Designation, 386 Adjustment, Expansion, or Revocation oOf aA Landmark Site, Local Historic District 387 oOr Thematic Designation shall follow the applicable procedures and standards in 388 11 LEGISLATIVE DRAFT Chapter 21A.51 Local Historic Designation and Amendments.; H Historic Preservation 389 Overlay District: 390 391 1. Intent: Salt Lake City will consider the designation of a landmark site, or thematic 392 designation in order to protect the best examples of historic resources which represent 393 significant elements of the City’s prehistory, history, development patterns or 394 architecture. Designation of a local historic district must be in the best interest of the 395 City and achieve a reasonable balance between private property rights and the public 396 interest in preserving the City’s cultural, historic, and architectural heritage. The City 397 Council shall determine that designation of a landmark site, local historic district or 398 thematic designation is the best method of preserving a unique element of history 399 important to understanding the prehistory or history of the area encompassed by the 400 current Salt Lake City corporate boundaries. 401 2. City Council May Designate Or Amend Landmark Sites, Local Historic Districts Or 402 Thematic Designations: Pursuant to the procedures in this section and the standards 403 for general amendments in section 21A.50.050 of this title the City Council may by 404 ordinance apply the H Historic Preservation Overlay District and: 405 a. Designate as a landmark site an individual building, structure or feature or an 406 integrated group of buildings, structures or features on a single lot or site having 407 exceptional importance to the City, State, region or Nation and impart high 408 artistic, historic or cultural values. A landmark site clearly conveys a sense of 409 time and place and enables the public to interpret the historic character of the site; 410 b. Designate as a local historic district a contiguous area with a minimum district 411 size of one “block face”, as defined in section 21A.62.040 of this title, containing 412 a number of sites, buildings, structures or features that contribute to the historic 413 preservation goals of Salt Lake City by protecting historical, architectural, or 414 aesthetic interest or value and constituting a distinct section of the City; 415 c. Designate as a thematic designation a collection of sites, buildings, structures, or 416 features which are contained in two (2) or more geographically separate areas that 417 are united together by historical, architectural, or aesthetic characteristics and 418 contribute to the historic preservation goals of Salt Lake City by protecting 419 historical, architectural, or aesthetic interest or value; and 420 d. Amend designations to add or remove features or property to or from a landmark 421 site, local historic district or thematic designation. 422 3. Preapplication Conference: Prior to the submittal of an application for the designation 423 or amendment to a landmark site(s), local historic district(s) or thematic 424 designation(s), and prior to gathering any signatures in support of such an application, 425 a potential applicant shall attend a preapplication conference with the Planning 426 Director or designee. The purpose of this meeting is to discuss the merits of the 427 proposed designation and the amendment processes as outlined in this section. 428 4. Notification Of Affected Property Owners: Following the preapplication conference 429 outlined in subsection C3 of this section and prior to the submittal of an application 430 12 LEGISLATIVE DRAFT for the designation or amendment to a local historic district(s) or thematic 431 designation(s), the City shall send by first class mail a neutral informational pamphlet 432 to owners of record for each property potentially affected by a forthcoming 433 application. The informational pamphlet shall contain, at a minimum, a description of 434 the process to create a local historic district and will also list the pros and cons of a 435 local historic district. The informational pamphlet shall be mailed after a potential 436 applicant submits to the City a finalized proposed boundary of an area to be included 437 in the H Historic Preservation Overlay District. Once the City sends the informational 438 pamphlet, property owner signature gathering may begin per subsection C5b of this 439 section. The informational pamphlet sent shall remain valid for ninety (90) days. If an 440 application is not filed with the City within ninety (90) days after the date that the 441 informational pamphlet was mailed, the City shall close its file on the matter. Any 442 subsequent proposal must begin the application process again. 443 5. Petition Initiation For Designation Of A Landmark Site, Local Historic District Or 444 Thematic Designation: 445 a. Petition Initiation For H Historic Preservation Overlay District; Landmark Site: 446 Any owner of property proposed for a landmark site, the Mayor or the City 447 Council, by majority vote, may initiate a petition to consider the designation of a 448 landmark site. 449 b. Petition Initiation For H Historic Preservation Overlay District; Local Historic 450 District Or Thematic Designation: A property owner initiating such a petition 451 shall demonstrate, in writing, support of more than thirty three percent (33%) of 452 the property owners of lots or parcels within the proposed boundaries of an area to 453 be included in the H Historic Preservation Overlay District. The Mayor or the 454 City Council, by a majority vote, may initiate a petition to consider designation of 455 a local historic district or thematic designation. 456 (1) For purposes of this subsection, a lot or parcel of real property may not be 457 included in the calculation of the required percentage unless the application is 458 signed by property owners representing at least fifty percent (50%) of the 459 interest in that lot or parcel. 460 (2) Each lot or parcel of real property may only be counted once toward the 461 thirty three percent (33%), regardless of the number of owner signatures 462 obtained for that lot or parcel. 463 (3) Signatures obtained to demonstrate support of more than thirty three percent 464 (33%) of the property owners within the boundary of the proposed local 465 historic district or thematic designation must be gathered within a period of 466 ninety (90) days as counted between the date that the informational pamphlet 467 was mailed as required per subsection C4 of this section and the date of the 468 last required signature. 469 c. Fees: No application fee will be required for a petition initiated by a property 470 owner for designation of a property to the H Historic Preservation Overlay 471 District. 472 13 LEGISLATIVE DRAFT 6. Notice Of Designation Application Letter: Following the receipt by the City of an 473 application for the designation or amendment to a local historic district(s) or thematic 474 designation(s), the City shall send a notice of designation application letter to 475 owner(s) of record for each property affected by said application along with a second 476 copy of the informational pamphlet described in subsection C4 of this section. In the 477 event that no application is received following the ninety (90) day period of property 478 owner signature gathering, the City will send a letter to property owner(s) of record 479 stating that no application has been filed, and that the City has closed its file on the 480 matter. 481 7. Planning Director Report To The City Council: Following the initiation of a petition 482 to designate a landmark site or a local historic district or thematic designation, the 483 Planning Director shall submit a report based on the following considerations to the 484 City Council: 485 a. Whether a current survey meeting the standards prescribed by the State Historic 486 Preservation Office is available for the landmark site or the area proposed for a 487 local historic district or thematic designation. If a suitable survey is not available, 488 the report shall propose a strategy to gather the needed survey data. 489 b. The City administration will determine the priority of the petition and determine 490 whether there is sufficient funding and staff resources available to allow the 491 Planning Division to complete a community outreach process, historic resource 492 analysis and to provide ongoing administration of the new landmark site, local 493 historic district or thematic designation if the designation is approved by the City 494 Council. If sufficient funding is not available, the report shall include a proposed 495 budget. 496 c. Whether the proposed designation is generally consistent with the purposes, goals, 497 objectives and policies of the City as stated through its various adopted planning 498 documents. 499 d. Whether the proposed designation would generally be in the public interest. 500 e. Whether there is probable cause to believe that the proposed landmark site, local 501 historic district or thematic designation may be eligible for designation consistent 502 with the purposes and designation criteria in subsection C15 of this section and 503 the zoning map amendment criteria in section 21A.50.050, “Standards For 504 General Amendments”, of this title. 505 f. Verification that a neutral informational pamphlet was sent per subsection C4 of 506 this section to all property owners within a proposed local historic district 507 following the presubmittal process outlined in subsection C3 of this section. 508 8. Property Owner Meeting: Following the submission of the Planning Director’s report 509 and acceptance of the report by the City Council, the Planning Division will conduct 510 a community outreach process to inform the owners of property within the proposed 511 boundaries of the proposed landmark site, local historic district or thematic 512 designation about the following: 513 14 LEGISLATIVE DRAFT a. The designation process, including determining the level of property owner 514 support, the public hearing process, and final decision making process by the City 515 Council; and 516 b. Zoning ordinance requirements affecting properties located within the H Historic 517 Preservation Overlay District, adopted design guidelines, the design review 518 process for alterations and new construction, the demolition process and the 519 economic hardship process. 520 9. Open House: Following the property owner meeting, the Planning Division will 521 conduct an open house for the owners of property within the proposed boundaries of 522 the local historic district or thematic designation to provide the information described 523 in subsections C8a and C8b of this section. 524 10. Public Hearing Process: 525 a. Historic Landmark Commission Consideration: Following the initiation of a 526 petition to designate a landmark site or a local historic district, the Historic 527 Landmark Commission shall hold a public hearing and review the request by 528 applying subsection C15, “Standards For The Designation Of A Landmark Site, 529 Local Historic District Or Thematic Designation”, of this section. Following the 530 public hearing, the Historic Landmark Commission shall recommend approval, 531 approval with modifications or denial of the proposed designation and shall then 532 submit its recommendation to the Planning Commission and the City Council. 533 b. Planning Commission Consideration: Following action by the Historic Landmark 534 Commission, the Planning Commission shall hold a public hearing and shall 535 recommend approval, approval with modifications or denial of the proposed 536 designation based on the standards of section 21A.50.050 of this title, zoning map 537 amendments and shall then submit its recommendation to the City Council. 538 11. Property Owner Opinion Balloting: 539 a. Following the completion of the Historic Landmark Commission and Planning 540 Commission public hearings, the City will deliver property owner opinion ballots 541 via first class mail to property owners of record within the boundary of the 542 proposed local historic district or thematic designation. The property owner 543 opinion ballot is a nonbinding opinion poll to inform the City Council of property 544 owner interest regarding the designation of a local historic district. Each 545 individual property in the proposed designation boundary, regardless of the 546 number of owners having interest in any given property, will receive one property 547 owner opinion ballot. 548 (1) A property owner is eligible to vote regardless of whether or not the property 549 owner is an individual, a private entity, or a public entity; 550 (2) The Municipality shall count no more than one property owner opinion ballot 551 for: 552 (A) Each parcel within the boundaries of the proposed local historic district 553 or area; or 554 15 LEGISLATIVE DRAFT (B) If the parcel contains a condominium project, each unit within the 555 boundaries of the proposed local historic district or area; and 556 (3) If a parcel or unit has more than one owner of record, the Municipality shall 557 count a property owner opinion ballot for the parcel or unit only if the 558 property owner opinion ballot reflects the vote of the property owners who 559 own at least fifty percent (50%) interest in the parcel or unit. 560 b. Property owners of record will have thirty (30) days from the postmark date of the 561 property owner opinion ballot to submit a response to the City indicating the 562 property owner’s support or nonsupport of the proposed designation. 563 c. A letter shall be mailed to all property owners within the proposed local historic 564 district or thematic designation whose property owner opinion ballot has not been 565 received by the City within fifteen (15) days from the original postmark date. This 566 follow up letter will encourage the property owners to submit a property owner 567 opinion ballot prior to the thirty (30) day deadline date set by the mailing of the 568 first property owner opinion ballot. 569 12. Notification Of Property Owner Opinion Balloting Results: Following the public 570 opinion balloting for the proposed designation, the City will send notice of the results 571 to all property owners within the proposed local historic district, area, or thematic 572 designation. 573 13. City Council Consideration: Following the transmittal of the Historic Landmark 574 Commission and the Planning Commission recommendations and the results of the 575 property owner opinion process, the City Council shall hold a public hearing to 576 consider the designation of a landmark site, local historic district or thematic 577 designation. 578 a. Designation Of A Landmark Site: The City Council may, by a majority vote, 579 designate a landmark site. 580 b. Designation Of A Local Historic District Or Thematic Designation: 581 (1) If the property owner opinion ballots returned equals at least two-thirds (2/3) 582 of the total number of returned property owner support ballots, and represents 583 more than fifty percent (50%) of the parcels and units (in the case of a 584 condominium project) within the proposed local historic district, area, or 585 thematic designation, the City Council may designate a local historic district 586 or a thematic district by a simple majority vote. 587 588 (2) If the number of property owner opinion ballots received does not meet the 589 threshold identified in subsection C13b(1) of this section, the City Council 590 may only designate a local historic district, area, or a thematic district by an 591 affirmative vote of two-thirds (2/3) of the members of the City Council. 592 (3) If the number of property owner opinion ballots received in support and in 593 opposition is equal, the City Council may only designate a local historic 594 district or a thematic district by a super majority vote. 595 16 LEGISLATIVE DRAFT c. Following Designation: Following City Council designation of a landmark site, 596 local historic district or thematic designation, all of the property located within the 597 boundaries of the H Historic Preservation Overlay District shall be subject to the 598 provisions of this section. The zoning regulations will go into effect on the date of 599 the publication of the ordinance unless otherwise noted on the adoption ordinance. 600 14. Notice Of Designation: Within thirty (30) days following the designation of a 601 landmark site, local historic district or thematic designation, the City shall provide 602 notice of the action to all owners of property within the boundaries of the H Historic 603 Preservation Overlay District. In addition, a notice shall be recorded in the Office of 604 the County Recorder for all lots or parcels within the area added to the H Historic 605 Preservation Overlay District. 606 15. Standards For The Designation Of A Landmark Site, Local Historic District Or 607 Thematic Designation: Each lot or parcel of property proposed as a landmark site, for 608 inclusion in a local historic district, or for thematic designation shall be evaluated 609 according to the following: 610 a. Significance in local, regional, State or national history, architecture, engineering 611 or culture, associated with at least one of the following: 612 (1) Events that have made significant contribution to the important patterns of 613 history, or 614 (2) Lives of persons significant in the history of the City, region, State, or 615 Nation, or 616 (3) The distinctive characteristics of a type, period or method of construction; or 617 the work of a notable architect or master craftsman, or 618 (4) Information important in the understanding of the prehistory or history of 619 Salt Lake City; and 620 b. Physical integrity in terms of location, design, setting, materials, workmanship, 621 feeling and association as defined by the National Park Service for the National 622 Register of Historic Places; 623 c. The proposed local historic district or thematic designation is listed, or is eligible 624 to be listed on the National Register of Historic Places; 625 d. The proposed local historic district contains notable examples of elements of the 626 City’s history, development patterns or architecture not typically found in other 627 local historic districts within Salt Lake City; 628 e. The designation is generally consistent with adopted planning policies; and 629 f. The designation would be in the overall public interest. 630 16. Factors To Consider: The following factors may be considered by the Historic 631 Landmark Commission and the City Council to help determine whether the proposed 632 designation of a landmark site, local historic district or thematic designation meets the 633 criteria listed above: 634 17 LEGISLATIVE DRAFT a. Sites should be of such an age which would allow insight into whether a property 635 is sufficiently important in the overall history of the community. Typically this is 636 at least fifty (50) years but could be less if the property has exceptional 637 importance. 638 b. Whether the proposed local historic district contains examples of elements of the 639 City’s history, development patterns and/or architecture that may not already be 640 protected by other local historic districts within the City. 641 c. Whether designation of the proposed local historic district would add important 642 knowledge that advances the understanding of the City’s history, development 643 patterns and/or architecture. 644 d. Whether approximately seventy five percent (75%) of the structures within the 645 proposed boundaries are rated as contributing structures by the most recent 646 applicable historic survey. 647 17. Boundaries Of A Proposed Landmark Site: When applying the evaluation criteria in 648 subsection C15 of this section, the boundaries of a landmark site shall be drawn to 649 ensure that historical associations, and/or those which best enhance the integrity of 650 the site comprise the boundaries. 651 18. Boundaries Of A Proposed Local Historic District: When applying the evaluation 652 criteria in subsection C15 of this section, the boundaries shall be drawn to ensure the 653 local historic district: 654 a. Contains a significant density of documented sites, buildings, structures or 655 features rated as contributing structures in a recent historic survey; 656 b. Coincides with documented historic boundaries such as early roadways, canals, 657 subdivision plats or property lines; 658 c. Coincides with logical physical or manmade features and reflect recognized 659 neighborhood boundaries; and 660 d. Contains nonhistoric resources or vacant land only where necessary to create 661 appropriate boundaries to meet the criteria of subsection C15 of this section. 662 19. Boundaries Of A Proposed Thematic Designation: When applying the evaluation 663 criteria of this section, the boundaries shall be drawn to ensure the thematic 664 designation contains a collection of sites, buildings, structures, or features that are 665 united together by historical, architectural, or aesthetic characteristics and contribute 666 to the historic preservation goals of Salt Lake City by protecting historical, 667 architectural, or aesthetic interest or value. 668 D. The Adjustment Or Expansion Of Boundaries Of An H Historic Preservation Overlay 669 District And The Revocation Of The Designation Of Landmark Site: 670 1. Procedure: The procedure for the adjustment of boundaries of an H Historic 671 Preservation Overlay District and the revocation of the designation of a landmark site 672 shall be the same as that outlined in subsection C of this section. 673 18 LEGISLATIVE DRAFT 2. Criteria For Adjusting The Boundaries Of An H Historic Preservation Overlay 674 District: Criteria for adjusting the boundaries of an H Historic Preservation Overlay 675 District are as follows: 676 a. The properties have ceased to meet the criteria for inclusion within an H Historic 677 Preservation Overlay District because the qualities which caused them to be 678 originally included have been lost or destroyed, or such qualities were lost 679 subsequent to the Historic Landmark Commission recommendation and adoption 680 of the district; 681 b. Additional information indicates that the properties do not comply with the 682 criteria for selection of the H Historic Preservation Overlay District as outlined in 683 subsection C15 of this section; or 684 c. Additional information indicates that the inclusion of additional properties would 685 better convey the historical and architectural integrity of the H Historic 686 Preservation Overlay District, provided they meet the standards outlined in 687 subsection C15 of this section. 688 3. Criteria For The Expansion Of An Existing Landmark Site, Local Historic District Or 689 Thematic Designation: A proposed expansion of an existing landmark site, local 690 historic district or thematic designation shall be considered utilizing the provisions of 691 subsections C15 through C19 of this section. 692 4. Criteria For The Revocation Of The Designation Of A Landmark Site: Criteria are as 693 follows: 694 a. The property has ceased to meet the criteria for designation as a landmark site 695 because the qualities that caused it to be originally designated have been lost or 696 destroyed or the structure has been demolished; or 697 b. Additional information indicates that the landmark site does not comply with the 698 criteria for selection of a landmark site as outlined in subsection C15 of this 699 section; or 700 c. Additional information indicates that the landmark site is not of exceptional 701 importance to the City, State, region or Nation. 702 D. Historic Status Determination: 703 704 1. Purpose: Historic status determinations are to address the historic status of individual 705 structures within a local historic district on a case-by-case basis through robust review 706 of documentation in order to render a timely decision on the historic status for 707 circumstances outlined below. 708 709 2. Applicability: Historic status determinations may be rendered for properties within an 710 existing local historic district using the considerations in Subsection 21A.34.020.D.7 711 to determine whether they are contributing or noncontributing to the local historic 712 district for the following: 713 714 19 LEGISLATIVE DRAFT a. Unrated Properties: Properties that were inadvertently missed in a survey or not 715 given a historic status rating; 716 717 b. Incorrectly Rated Properties: Properties that may have been given an incorrect 718 status rating in a survey; 719 720 3. Authority: Historic status determinations shall be made by the zoning administrator in 721 the form of an administrative interpretation. 722 723 4. Persons Entitled to Seek Historic Status Determinations: Application for a historic 724 status determination may be made by the owner of the subject property or the owner’s 725 authorized agent. The planning director may also initiate a petition for a historic 726 status determination. 727 728 5. Limitations: A historic status determination shall not: 729 730 a. Change the boundaries of the local historic district; 731 b. Be issued for landmark sites; 732 c. Be issued for structures that are not within period of significance in an adopted 733 historic resource survey. 734 735 6. Application for Historic Status Determination: An administrative interpretation 736 application may be made to the zoning administrator on a form provided, which shall 737 include at least the following information, unless deemed unnecessary by the zoning 738 administrator: 739 740 a. The applicant’s name, address, telephone number, e-mail address and interest in 741 the subject property. The owner’s name, address and telephone number, if 742 different than the applicant, and the owner’s signed consent to the filing of the 743 application; 744 b. The street address, legal description and tax number of the subject property; 745 c. Current and historic photographs; 746 d. Any historic resource surveys and reports on record in the Planning Division or 747 the Utah State Historic Preservation Office; 748 e. Description of any alterations to the structure and the date of approval for any 749 alterations; 750 f. The historic status rating the applicant believes to be correct. When the request is 751 to change the historic status rating, the applicant shall state in the application the 752 reason(s) the existing historic rating is incorrect and why it should be changed 753 based on the considerations in Subsection 21A.34.020.D.7, or provide an 754 intensive level historic resource survey conducted in accordance with the Utah 755 State Preservation Office standards for building surveys addressing the 756 20 LEGISLATIVE DRAFT considerations in Subsection 21A.34.020.D.7 for analysis by the zoning 757 administrator. 758 759 g. Any other information the zoning administrator deems necessary for a full and 760 proper consideration of the particular application. 761 762 7. Considerations for Historic Status Determinations: A historic status determination 763 may include the following considerations: 764 765 a. Whether alterations that have occurred are generally reversible. 766 b. Whether the building contributes to an understanding of a period of significance 767 of a neighborhood, community, or area. 768 c. Whether or not the building retains historic integrity in terms of location, design, 769 setting, materials, workmanship, feeling and association as defined in Section 770 21A.62.040. The analysis shall take into consideration how the building reflects 771 the historical or architectural merits of the overall local historic district in which 772 the resource is located. When analyzing historic integrity of a building as part of a 773 local historic district, the collective historic value of the buildings and structures 774 in a local historic district taken together may be greater than the historic value of 775 each individual building or structure in a district. 776 8. Decision: Written findings documenting the historic status determination shall be sent 777 to the applicant and members of the historic landmark commission and kept on file in 778 city records. 779 780 9. Updating Records: If the historic status determination is different than the property’s 781 historic rating in the most recent historic resource survey, the determination will 782 stand, and the city’s applicable historic resource survey(s) will be updated to reflect 783 the determination. 784 785 10. Appeal of Decision: Any person adversely affected by a final decision made by the 786 zoning administrator interpreting a provision of this title may appeal to the appeals 787 hearing officer in accordance with the provisions of Chapter 21A.16 of this title. 788 789 E. Certificate oOf Appropriateness Required: After the establishment of an H Historic 790 Preservation Overlay District, or the designation of a landmark site, nNo alteration in the 791 exterior appearance of a structure, site, or object or work of art affecting the landmark 792 site or a property within the H Historic Preservation Overlay District shall be made or 793 permitted to be made unless or until the an application for a certificate of appropriateness 794 is has been submitted to, and approved by, the Hhistoric Llandmark Ccommission, or 795 administratively by the Pplanning Ddirector, as applicable, pursuant to sSubsection F of 796 this section. Certificates of appropriateness shall be required for: 797 798 21 LEGISLATIVE DRAFT 1. A certificate of appropriateness shall be required for all of the following: 799 a1. Any exterior alteration to the property or any structure on the property unless 800 specifically exempted under Subsection 21A.34.020.E.2; construction needing a 801 building permit; 802 b2. New construction; Removal and replacement or alteration of architectural 803 detailing, such as porch columns, railing, window moldings, cornices and siding; 804 c3. Relocation of a structure or object on the same site or to another site; 805 d4. Demolition; Construction of additions or decks; 806 5. Alteration or construction of accessory structures, such as garages, etc.; 807 6. Alterations to windows and doors, including replacement or changes in fenestration 808 patterns; 809 7. Construction or alteration of porches; 810 8. Masonry work including, but not limited to, tuckpointing, sandblasting, painting and 811 chemical cleaning; 812 9. The construction or alterations of site features including, but not limited to, fencing, 813 walls, paving and grading; 814 10. Installation or alteration of any exterior sign; 815 11. Any demolition; 816 12. New construction; and 817 13. Installation of an awning over a window or door. 818 2. Exemptions: The following are exempt from obtaining a Certificate of 819 Appropriateness: 820 821 a. Installation of storm windows; 822 b. Landscaping that: 823 824 (1) Complies with the standards of this title; 825 (2) Does not include a wall fence or grade changes; and 826 (3) Is not an attribute that is a character defining feature of the property or 827 streetscape; 828 829 c. Painting of surfaces that does not include unpainted stone, brick or cement; 830 831 d. Plaques, boxes, and other similar objects that measure 18 inches or less in any 832 dimension, contain no electrical components, and are attached to exterior finish 833 material or mounted through mortar joints when on a masonry wall; 834 835 22 LEGISLATIVE DRAFT e. Electrical, gas, or water meters or outlets, including electric vehicle charging 836 outlets, that are in a location that is not visible from the public right of way; 837 838 f. Heating, ventilation and air conditioning systems that do not require new conduit 839 and are not visible from the public right of way; and 840 841 g. Solar energy collection systems meeting the priority locations outlined in 842 Subsections 21A.40.190.B.3.a through 21A.40.190.B.3.c. 843 844 F. Procedure Ffor Issuance oOf Certificate oOf Appropriateness: 845 846 1. Administrative Authority Decision: The following may be decided by the planning 847 director or designee: Certain types of construction or demolition may be approved 848 administratively subject to the following procedures: 849 a. Types Of Construction: The following may be approved by administrative 850 decision: 851 a. (1)Minor alteration of or addition to a landmark site or contributing site, building, 852 and/or structure; 853 b. (2)Alteration of or addition to a noncontributing site building or structure; 854 c. (3)Partial demolition of either a landmark site or a contributing principal building 855 or structure; 856 d. (4) Demolition of an accessory building or structure; and 857 e. (5) Demolition of a noncontributing building or structure.; and 858 (6) Installation of solar energy collection systems pursuant to 859 section 21A.40.190 of this title. 860 b. Submission Of Application: An application for a certificate of appropriateness 861 shall be made on a form prepared by the Planning Director or designee, and shall 862 be submitted to the Planning Division. The Planning Director shall make a 863 determination of completeness pursuant to chapter 21A.10 of this title., and shall 864 forward the application for review and decision. 865 c. Materials Submitted With Application: The application shall include photographs, 866 construction drawings, and other documentation such as an architectural or 867 massing model, window frame sections, and samples and any further information 868 or documentation as the Zoning Administrator deems necessary in order to fully 869 consider and analyze the application. deemed necessary to consider the 870 application properly and completely. 871 d. Fees: No application fee will be required for a certificate of appropriateness that is 872 administratively approved. 873 e. Notice Of Application For Demolition Of A Noncontributing Building Or 874 Structure: An application for demolition of a noncontributing building or structure 875 23 LEGISLATIVE DRAFT shall require notice for determination of noncontributing sites pursuant to chapter 876 21A.10 of this title. The applicant shall be responsible for payment of all fees 877 established for providing the public notice required by chapter 21A.10 of this title. 878 f. Standards Of Approval: The application shall be reviewed according to the 879 standards set forth in subsections G and H of this section, whichever is applicable. 880 g. Review And Decision By The Planning Director: On the basis of written findings 881 of fact, the Planning Director or the Planning Director’s designee shall either 882 approve, or conditionally approve, the certificate of appropriateness based on the 883 standards in subsections G and H of this section, whichever is applicable, within 884 thirty (30) days following receipt of a completed application. The decision of the 885 Planning Director shall become effective at the time the decision is made. 886 h. Referral Of Application By Planning Director To Historic Landmark 887 Commission: The Planning Director may refer any application to the Historic 888 Landmark Commission due to the complexity of the application, the significance 889 of change to the landmark site or contributing building in the H Historic 890 Preservation Overlay District, or the need for consultation for expertise regarding 891 architectural, construction or preservation issues, or if the application does not 892 meet the standards of review. 893 2. Historic Landmark Commission Authority: The following Certain types of 894 construction, demolition and relocation shall only be decided approved by the 895 Hhistoric Llandmark Ccommission subject to the following procedures: 896 897 a. Types Of Construction: The following shall be reviewed by the Historic 898 Landmark Commission: 899 a. (1)Substantial alteration or addition to a landmark site or contributing site, 900 building, and/or structure; 901 902 b. (2) New construction of principal building in the H Historic Preservation Overlay 903 District; 904 905 c. (3) Relocation of landmark site or contributing principal building; 906 907 d. (4) Demolition of landmark site or contributing principal building; 908 909 e. Economic hardship determination; and 910 911 f. (5) Applications for administrative approval referred by the Pplanning Ddirector.; 912 and 913 914 (6) Installation of solar energy collection systems on the front facade of the 915 principal building in a location most compatible with the character defining 916 features of the home pursuant to section 21A.40.190 of this title. 917 24 LEGISLATIVE DRAFT 3b. Submission oOf Application: An application for a certificate of appropriateness shall 918 be made on an application form prepared by the zoning administrator and 919 accompanied by applicable fees as noted in the Salt Lake City consolidated fee 920 schedule. The applicant shall also be responsible for payment of all mailing fees 921 established for required public noticing. the Planning Director or designee, and shall 922 be submitted to the Planning Division. The Planning Director shall make a 923 determination of completeness pursuant to chapter 21A.10 of this title., and shall 924 forward the application for review and decision. The procedure for an application for 925 a certificate of appropriateness shall be the same as specified in subsection F1b of this 926 section. 927 a. General Application Requirements: A complete application shall include the 928 following unless deemed unnecessary by the zoning administrator: 929 930 (1) The applicant’s name, address, telephone number, e-mail address and interest 931 in the subject property; 932 933 (2) The owner’s name, address and telephone number, if different than the 934 applicant, and the owner’s signed consent to the filing of the application; 935 936 (3) The street address and legal description of the subject property; 937 938 (4) A narrative including a complete description of the project and how it meets 939 review standards with citation of supporting adopted city design guidelines; 940 941 (5) Current and historic photographs of the property 942 943 (6) A site plan or drawing drawn to a scale which includes the following 944 information: property lines, lot dimensions, topography, adjacent streets, 945 alleys and walkways, landscaping and buffers, existing and proposed 946 buildings and structures, lot coverage, grade changes, parking spaces, trash 947 receptacles, drainage features, proposed setbacks and other details required for 948 project evaluation; 949 950 (7) Elevation drawings and details for all impacted facades; 951 952 (8) Illustrative photos and or samples of all proposed façade materials; 953 954 (9) Building, wall, and window section drawings; 955 956 (10) Any further information or documentation as the zoning administrator deems 957 necessary in order to fully consider and analyze the application. 958 959 b. New Construction Application Requirements: In addition to the general 960 application requirements listed above, applications for new construction of a 961 25 LEGISLATIVE DRAFT primary structure shall include the following unless deemed unnecessary by the 962 zoning administrator: 963 c. Fees: The application shall be accompanied by the applicable fees shown on the 964 Salt Lake City consolidated fee schedule. The applicant shall also be responsible 965 for payment of all fees established for providing the public notice required 966 by chapter 21A.10 of this title. 967 d. Materials Submitted With Application: An application shall be made on a form 968 provided by the Planning Director and shall be submitted to the Planning Division 969 in accordance with subsection F1c of this section, however specific requirements 970 for new construction shall include the following information unless deemed 971 unnecessary by the Zoning Administrator: 972 (1) The applicant’s name, address, telephone number, e-mail address and interest 973 in the subject property; 974 (2) The owner’s name, address and telephone number, if different than the 975 applicant, and the owner’s signed consent to the filing of the application; 976 (3) The street address and legal description of the subject property; 977 (4) A narrative including a complete description of the project and how it meets 978 review standards with citation of supporting adopted City design guidelines; 979 (1) (5)A context plan showing property lines, building footprints, front yard 980 setbacks, adjacent streets and alleys, historic district boundaries, 981 contributing/noncontributing structures and landmark sites; 982 983 (2) (6) A streetscape study which includes height measurements for each primary 984 structure on the block face; 985 (7) A site plan or drawing drawn to a scale which includes the following 986 information: property lines, lot dimensions, topography, adjacent streets, 987 alleys and walkways, landscaping and buffers, existing and proposed 988 buildings and structures, lot coverage, grade changes, parking spaces, trash 989 receptacles, drainage features, proposed setbacks and other details required for 990 project evaluation; 991 (8) Elevation drawings and details for all facades; 992 (9) Illustrative photos and/or samples of all proposed facade materials; 993 (10) Building, wall, and window section drawings; 994 (3) (11) Renderings 3D models that show the new construction in relation to 995 neighboring buildings; and 996 (4) (12) Renderings 3D models that show the new construction from the 997 pedestrian perspective.; and 998 (13) Any further information or documentation as the Zoning Administrator 999 deems necessary in order to fully consider and analyze the application. 1000 26 LEGISLATIVE DRAFT 4e. Notice: Applications for a certificate of appropriateness are subject to the notification 1001 requirements of Chapter 2.60 of this code. shall require notice pursuant to chapter 1002 21A.10 of this title. An application for a certificate of appropriateness for demolition 1003 of a noncontributing building or structure shall require notice pursuant to Chapter 1004 21A.10 of this title. The applicant shall be responsible for payment of all fees 1005 established for providing the public notice required by Chapters 2.60 and 21A.10 of 1006 this title. 1007 f. Public Hearing: Applications for a certificate of appropriateness shall require a 1008 public hearing pursuant to chapter 21A.10 of this title. 1009 5g. Standards fFor Approval: The Aapplications for a certificate of appropriateness shall 1010 be reviewed according to the standards set forth in sSubsections G through KL of this 1011 section, whichever are applicable. 1012 6. Administrative Decisions: The planning director or designee shall approve, 1013 conditionally approve, or deny the application for a certificate of appropriateness 1014 based upon written findings of fact. The decision of the planning director or designee 1015 shall become effective upon issuance of the certificate of appropriateness. 1016 a. Referral of Application to Historic Landmark Commission: The planning director 1017 or designee may refer any application to the historic landmark commission due to 1018 the complexity of the application, the significance of change to the structure or 1019 site, or the need for consultation for expertise regarding architectural or other 1020 preservation issues. 1021 7h. Review And Decision By The Historic Landmark Commission Decisions: The 1022 Hhistoric Llandmark Ccommission shall hold a public hearing to review the 1023 application in accordance with the standards and procedures set forth in Chapter 1024 21A.10 of this title. make a decision at a regularly scheduled meeting, following 1025 receipt of a completed application. The historic landmark commission shall approve, 1026 conditionally approve, or deny the application based upon written findings of fact. 1027 The decision of the historic landmark commission shall become effective at the time 1028 the decision is made. Following a decision from the historic landmark commission to 1029 approve a certificate of appropriateness, the planning director or designee shall issue 1030 a certificate of appropriateness after all conditions of approval are met except for 1031 demolition of contributing principal buildings and landmark sites as outlined in 1032 Subsection 21A.34.020.F.8. 1033 1034 8. Requirements for Certificate of Appropriateness for Demolition: The certificate of 1035 appropriateness for demolition of a contributing principal building or landmark site 1036 shall not be issued until the following criteria is satisfied: 1037 1038 a. The appeal period associated with the approval has expired. 1039 1040 b. The landmark commission has granted approval for a new building that will 1041 replace the landmark site or contributing principal building to be demolished. The 1042 requirement for replacing the contributing principal building or landmark site with 1043 27 LEGISLATIVE DRAFT a new building may be waived by the historic landmark commission if a new 1044 development or redevelopment plan that includes the principal building to be 1045 demolished is approved by the historic landmark commission. 1046 1047 c. The certificate of appropriateness for demolition shall be issued simultaneously 1048 with the certificate of appropriateness and building permits for the replacement 1049 building. 1050 1051 9. Revocation of the Designation of a Landmark Site: If a landmark site is approved for 1052 demolition, the property shall not be removed from the H Historic Preservation 1053 Overlay District until the building has been demolished and revocation of the 1054 designation of a landmark site has been approved in accordance with Section 1055 21A.51.050, Local Historic Amendments Process. 1056 1057 10. Exceptions of Certificate of Appropriateness for Demolition of Hazardous Buildings: 1058 A hazardous building shall be exempt from the provisions governing demolition if the 1059 building official determines, in writing, that the building currently is an imminent 1060 hazard to public safety. Prior to the issuance of a demolition permit, the building 1061 official shall notify the planning director for consultation and of the final decision. 1062 1063 11. Expiration of Approvals: No certificate of appropriateness shall be valid for a period 1064 of longer than one (1) year unless a building permit has been issued or complete 1065 building plans have been submitted to the Salt Lake City Division of Building 1066 Services and Licensing within that period and is thereafter diligently pursued to 1067 completion; or unless a longer time is requested and granted by the historic landmark 1068 commission, or in the case of an administrative approval, by the planning director or 1069 designee. Any request for a time extension shall be required not less than thirty (30) 1070 days prior to the one (1) year time period. 1071 1072 (1) After reviewing all materials submitted for the case, the recommendation of 1073 the Planning Division and conducting a field inspection, if necessary, the 1074 Historic Landmark Commission shall make written findings of fact based on 1075 the standards of approval as outlined in this subsection F through subsection K 1076 of this section, whichever are applicable. 1077 (2) On the basis of its written findings of fact the Historic Landmark 1078 Commission shall either approve, deny or conditionally approve the certificate 1079 of appropriateness. 1080 (3) The decision of the Historic Landmark Commission shall become effective at 1081 the time the decision is made. Demolition permits for landmark sites or 1082 contributing principal buildings shall not be issued until the appeal period has 1083 expired. 1084 28 LEGISLATIVE DRAFT (4) Written notice of the decision of the Historic Landmark Commission on the 1085 application, including a copy of the findings of fact, shall be made pursuant to 1086 the provisions of section 21A.10.030 of this title. 1087 12i. Appeal oOf Historic Landmark Commission Decisions: Any person adversely 1088 affected by a final decision of the Hhistoric Llandmark Ccommission, or in the case 1089 of administrative decisions, the planning director or designee, may file an appeal in 1090 accordance with the provisions of cChapter 21A.16 of this title. 1091 G. Standards fFor Certificate Of Appropriateness For Alteration oOf aA Landmark Site oOr 1092 Contributing Structure Including New Construction oOf aAn Accessory Structure: In 1093 considering an application for a certificate of appropriateness for alteration of a landmark 1094 site or contributing structure, or new construction of an accessory structure associated 1095 with a landmark site or contributing structure, the Hhistoric Llandmark Ccommission, or 1096 the Pplanning Ddirector, for administrative decisions, shall, using the adopted design 1097 guidelines as a key basis for evaluation, find that the project substantially complies with 1098 all of the following general standards: that pertain to the application and that the decision 1099 is in the best interest of the City: 1100 1101 1. A property shall be used for its historic purpose or be used for a purpose that requires 1102 minimal change to the defining characteristics of the building and its site and 1103 environment; 1104 2. The historic character of a property shall be retained and preserved. The removal of 1105 historic materials or alteration of features and spaces that characterize a property shall 1106 be avoided; 1107 3. All sites, structures and objects shall be recognized as products of their own time. 1108 Alterations that have no historical basis and which seek to create a false sense of 1109 history or architecture are not allowed; 1110 4. Alterations or additions that have acquired historic significance in their own right 1111 shall be retained and preserved; 1112 5. Distinctive features, finishes and construction techniques or examples of 1113 craftsmanship that characterize a historic property shall be preserved; 1114 6. Deteriorated architectural features shall be repaired rather than replaced wherever 1115 feasible. In the event replacement is necessary, the new material should match the 1116 material being replaced in composition, design, texture and other visual qualities. 1117 Repair or replacement of missing architectural features should be based on accurate 1118 duplications of features, substantiated by historic, physical or pictorial evidence rather 1119 than on conjectural designs or the availability of different architectural elements from 1120 other structures or objects; 1121 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic 1122 materials shall not be used. The surface cleaning of structures, if appropriate, shall be 1123 undertaken using the gentlest means possible; 1124 8. Contemporary design for alterations and additions to existing properties shall not be 1125 discouraged when such alterations and additions do not destroy significant cultural, 1126 historical, architectural or archaeological material, and such design is compatible with 1127 29 LEGISLATIVE DRAFT the size, scale, color, material and character of the property, neighborhood or 1128 environment; 1129 9. Additions or alterations to structures and objects shall be done in such a manner that 1130 if such additions or alterations were to be removed in the future, the essential form 1131 and integrity of the structure would be unimpaired. The new work shall be 1132 differentiated from the old and shall be compatible in massing, size, scale and 1133 architectural features to protect the historic integrity of the property and its 1134 environment; 1135 10. Certain building materials are prohibited including the following: 1136 a. Aluminum, asbestos, or vinyl cladding; and when applied directly to an original 1137 or historic material. 1138 b. Vinyl fencing. 1139 1140 11. Any new sign and any change in the appearance of any existing sign located on a 1141 landmark site or within the H Historic Preservation Overlay District, which is visible 1142 from any public way or open space shall be consistent with the historic character of the 1143 landmark site or H Historic Preservation Overlay District and shall comply with the 1144 standards outlined in cChapter 21A.46 of this title. 1145 1146 H. Standards fFor Certificate Of Appropriateness Involving New Construction oOr 1147 Alteration oOf aA Noncontributing Structure: In considering an application for a 1148 certificate of appropriateness involving new construction of a principal building, or 1149 alterations of noncontributing structures, the Hhistoric Llandmark Ccommission, or 1150 Pplanning Ddirector when the application involves the alteration of a noncontributing 1151 structure, shall, using the adopted design guidelines as a key basis for evaluation, 1152 determine whether the project substantially complies with each of the following standards 1153 that pertain to the application to ensure that the proposed project fits into the established 1154 context in ways that respect and contribute to the evolution of Salt Lake City’s 1155 architectural and cultural traditions: 1156 1157 1. Settlement Patterns aAnd Neighborhood Character: 1158 1159 a. Block aAnd Street Patterns: The design of the project preserves and reflects the 1160 historic block, street, and alley patterns that give the district its unique character. 1161 Changes to the block and street pattern may be considered when advocated by an 1162 adopted Ccity plan. 1163 b. Lot aAnd Site Patterns: The design of the project preserves the pattern of lot and 1164 building site sizes that create the urban character of the historic context and the 1165 block face. Changes to the lot and site pattern may be considered when advocated 1166 by an adopted Ccity plan. 1167 c. The Public Realm: The project relates to adjacent streets and engages with 1168 sidewalks in a manner that reflects the character of the historic context and the 1169 block face. Projects should maintain the depth of yard and height of principal 1170 30 LEGISLATIVE DRAFT elevation of those existing on the block face in order to support consistency in the 1171 definition of public and semi-public spaces. 1172 d. Building Placement: Buildings are placed such that the project maintains and 1173 reflects the historic pattern of setbacks and building depth established within the 1174 historic context and the block face. Buildings should maintain the setback 1175 demonstrated by existing buildings of that type constructed in the district or site’s 1176 period of significance. 1177 e. Building Orientation: The building is designed such that principal entrances and 1178 pathways are oriented such that they address the street in the pattern established in 1179 the historic context and the block face. 1180 1181 2. Site Access, Parking, aAnd Services: 1182 a. Site Access: The design of the project allows for site access that is similar, in 1183 form and function, with patterns common in the historic context and the block 1184 face. 1185 1186 (1) Pedestrian: Safe pedestrian access is provided through architecturally 1187 highlighted entrances and walkways, consistent with patterns common in the 1188 historic context and the block face. 1189 (2) Vehicular: Vehicular access is located in the least obtrusive manner possible. 1190 Where possible, garage doors and parking should be located to the rear or to 1191 the side of the building. 1192 1193 b. Site aAnd Building Services aAnd Utilities: Utilities and site/building services 1194 (such as HVAC systems, venting fans, and dumpsters) are located such that they 1195 are to the rear of the building or on the roof and screened from public spaces and 1196 public properties. 1197 1198 3. Landscape aAnd Lighting: 1199 a. Grading oOf Land: The site’s landscape, such as grading and retaining walls, 1200 addresses the public way in a manner that reflects the character of the historic 1201 context and the block face. 1202 b. Landscape Structures: Landscape structures, such as arbors, walls, fences, address 1203 the public way in a manner that reflects the character of the historic context and 1204 the block face. 1205 c. Lighting: Where appropriate lighting is used to enhance significant elements of 1206 the design and reflects the character of the historic context and the block face. 1207 1208 4. Building Form aAnd Scale: 1209 a. Character oOf Tthe Street Block: The design of the building reflects the historic 1210 character of the street facade in terms of scale, composition, and modeling. 1211 1212 31 LEGISLATIVE DRAFT (1) Height: The height of the project reflects the character of the historic context 1213 and the block face. Projects taller than those existing on the block face step 1214 back their upper floors to present a base that is in scale with the historic 1215 context and the block face. 1216 1217 (2) Width: The width of the project reflects the character of the historic context 1218 and the block face. Projects wider than those existing on the block face 1219 modulate the facade to express a series of volumes in scale with the historic 1220 context and the block face. 1221 1222 (3) Massing: The shape, form, and proportion of buildings, reflects the character 1223 of the historic context and the block face. 1224 1225 (4) Roof Forms: The building incorporates roof shapes that reflect forms found in 1226 the historic context and the block face. 1227 1228 5. Building Character: 1229 a. Facade Articulation aAnd Proportion: The design of the project reflects patterns 1230 of articulation and proportion established in the historic context and the block 1231 face. As appropriate, facade articulations reflect those typical of other buildings 1232 on the block face. These articulations are of similar dimension to those found 1233 elsewhere in the context, but have a depth of not less than twelve inches (12”). 1234 1235 (1) Rhythm oOf Openings: The facades are designed to reflect the rhythm of 1236 openings (doors, windows, recessed balconies, etc.) established in the historic 1237 context and the block face. 1238 1239 (2) Proportion aAnd Scale oOf Openings: The facades are designed using 1240 openings (doors, windows, recessed balconies, etc.) of similar proportion and 1241 scale to that established in the historic context and the block face. 1242 1243 (3) Ratio oOf Wall tTo Openings: Facades are designed to reflect the ratio of wall 1244 to openings (doors, windows, recessed balconies, etc.) established in the 1245 historic context and the block face. 1246 1247 (4) Balconies, Porches, aAnd External Stairs: The project, as appropriate, 1248 incorporates entrances, balconies, porches, stairways, and other projections 1249 that reflect patterns established in the historic context and the block face. 1250 1251 6. Building Materials, Elements aAnd Detailing: 1252 a. Materials: Building facades, other than windows and doors, incorporate no less 1253 than eighty percent (80%) durable material such as, but not limited to, wood, 1254 32 LEGISLATIVE DRAFT brick, masonry, textured or patterned concrete and/or cut stone. These materials 1255 reflect those found elsewhere in the district and/or setting in terms of scale and 1256 character. 1257 b. Materials Oon Street-Facing Facades: The following materials are not considered 1258 to be appropriate and are prohibited for use on facades which face a public street: 1259 vinyl siding and aluminum siding. 1260 c. Windows: Windows and other openings are incorporated in a manner that reflects 1261 patterns, materials, profile, and detailing established in the district and/or setting. 1262 d. Architectural Elements aAnd Details: The design of the building features 1263 architectural elements and details that reflect those characteristic of the district 1264 and/or setting. 1265 1266 7. Signage Location: Locations for signage are provided such that they are an integral 1267 part of the site and architectural design and are complementary to the principal 1268 structure. 1269 1270 I. Standards fFor Certificate Of Appropriateness For Relocation oOf Landmark Site oOr 1271 Contributing Structure: In considering an application for a certificate of appropriateness 1272 for relocation of a landmark site or a contributing structure, the Hhistoric Llandmark 1273 Ccommission shall find that the project substantially complies with the following 1274 standards: 1275 1276 1. The proposed relocation will abate demolition of the structure; 1277 1278 2. The proposed relocation will not diminish the overall physical integrity of the district 1279 or diminish the historical associations used to define the boundaries of the district; 1280 1281 3. The proposed relocation will not diminish the historical or architectural significance 1282 of the structure; 1283 1284 4. The proposed relocation will not have a detrimental effect on the structural soundness 1285 of the building or structure; 1286 1287 5. A professional building mover will move the building and protect it while being 1288 stored; and 1289 1290 6. A financial guarantee to ensure the rehabilitation of the structure once the relocation 1291 has occurred is provided to the Ccity. The financial guarantee shall be in a form 1292 approved by the Ccity Aattorney, in an amount determined by the Pplanning 1293 Ddirector sufficient to cover the estimated cost to rehabilitate the structure as 1294 approved by the Hhistoric Llandmark Ccommission and restore the grade and 1295 landscape the property from which the structure was removed in the event the land is 1296 to be left vacant once the relocation of the structure occurs. 1297 1298 33 LEGISLATIVE DRAFT J. Standards fFor Certificate Of Appropriateness For Demolition oOf Landmark Site: In 1299 considering an application for a certificate of appropriateness for demolition of a 1300 landmark site, the Hhistoric Llandmark Ccommission shall only approve the application 1301 upon finding that the project fully complies with one of the following standards: 1302 1303 1. The demolition is required to alleviate a threat to public health and safety pursuant to 1304 sSubsection 21A.34.020.F.10 O of this section; or 1305 1306 2. A determination of economic hardship has been granted by the Hhistoric Llandmark 1307 Ccommission pursuant to the provisions of sSubsection 21A.34.020.L of this section. 1308 1309 K. Standards fFor Certificate Of Appropriateness For Demolition oOf aA Contributing 1310 Principal Building In An H Historic Preservation Overlay District: When considering a 1311 request for approval of a certificate of appropriateness for demolition of a contributing 1312 principal building, the Hhistoric Llandmark Ccommission shall determine whether the 1313 request substantially complies with the following standards: 1314 1315 1. Standards For Approval Of A Certificate Of Appropriateness For Demolition: 1316 1a. The historic integrity of the site as defined in subsection Section 21A.62.040 C15b of 1317 this section is no longer evident and the site no longer meets the definition of a 1318 contributing building or structure in Section 21A.62.040; 1319 2b.The streetscape within the context of the H Historic Preservation Overlay District 1320 would not be negatively materially affected if the contributing principal building were 1321 to be demolished; 1322 3c. The demolition would not create a material adverse effect on the concentration of 1323 historic resources used to define the boundaries or maintain the integrity of the 1324 district; 1325 4d.The base zoning of the site does not permit land uses that would allow the adaptive 1326 reuse of the contributing principal building; 1327 5e. The contributing principal building has not suffered from willful wilful neglect, as 1328 evidenced by the following: 1329 a. (1)WillfulWilful or negligent acts that have caused significant deterioration of the 1330 structural integrity of the contributing principal building to the point that the 1331 building fails to substantially conform to applicable standards of the Sstate 1332 Cconstruction Ccode, 1333 b. (2)Failure to perform routine and appropriate maintenance and repairs to maintain 1334 the structural integrity of the contributing principal building, or 1335 c. (3)Failure to secure and board the contributing principal building, if vacant, per 1336 sSection 18.64.045 of this Ccode. 1337 34 LEGISLATIVE DRAFT 2. Historic Landmark Commission Determination Of Compliance With Standards Of 1338 Approval: If the Historic Landmark Commission finds that the request for a 1339 certificate of appropriateness for demolition substantially complies with the standards 1340 in subsection K1 of this section, then the Historic Landmark Commission shall 1341 approve the request for a certificate of appropriateness for demolition. If the Historic 1342 Landmark Commission does not find that the request for a certificate of 1343 appropriateness for demolition substantially complies with the standards in subsection 1344 K1 of this section, then the Historic Landmark Commission shall deny the request for 1345 a certificate of appropriateness for demolition. 1346 L. Economic Hardship Determination: Upon denial of a certificate of appropriateness for 1347 demolition of a contributing principal building by the Hhistoric Llandmark Ccommission, 1348 the owner and/or owner’s representative will have one year from the end of the appeal 1349 period as described in cChapter 21A.16 of this title, to submit an application for 1350 determination of economic hardship. In the case of a landmark site, an application for 1351 determination of economic hardship shall can be submitted at any the same time as an 1352 application for demolition of a landmark site necessary to meet the standard of 1353 sSubsection 21A.34.020.J.2 of this section. 1354 1355 1. Application fFor Determination oOf Economic Hardship: An application for a 1356 determination of economic hardship shall be made on a form provided by the zoning 1357 administrator and accompanied by applicable fees as noted in the Salt Lake City 1358 consolidated fee schedule. Planning Director and shall be submitted to the Planning 1359 Division. 1360 1361 2. Evidence fFor Determination oOf Economic Hardship: The burden of proof is on the 1362 owner or owner’s representative to provide sufficient evidence to demonstrate an 1363 economic hardship. Any finding in support of economic hardship shall be based 1364 solely on the hardship of the property. Evidence may include, but is not limited to: 1365 1366 a. Physical cCondition of the property at time of purchase and the applicant’s plans 1367 for the property at time of purchase. 1368 b. The current level of economic return on the property as considered in relation to 1369 the following: 1370 1371 (1) The amount paid for the property, the date of purchase, and party from whom 1372 purchased, including a description of the relationship, if any, between 1373 applicant, and the person from whom the property was purchased,; 1374 (2) The annual gross and net income, if any, from the property for the previous 1375 three (3) years; itemized operating and maintenance expenses for the previous 1376 three (3) years; and depreciation deduction and annual cash flow before and 1377 after debt service, if any, for the previous three (3) years,; 1378 1379 35 LEGISLATIVE DRAFT (3) Real Eestate Ttaxes for the previous three (3) years by the Salt Lake County 1380 Assessor,; 1381 (4) An appraisal, no older than six (6) months at the time of application for 1382 determination of economic hardship conducted by an MAI certified appraiser 1383 licensed within the State of Utah. Also all appraisals obtained within the 1384 previous three (3) years by the owner or applicant in connection with the 1385 purchase, financing or ownership of the property,; 1386 (5) The fair market value of the property taking into consideration the H Historic 1387 Preservation Overlay District,; and 1388 (6) For non-residential or multifamily properties, any Sstate or Ffederal Iincome 1389 Ttax returns on or relating to the property for the previous three (3) years. 1390 1391 c. The marketability of the property for sale or lease, as determined by any listing of 1392 the property for sale or lease, and price asked and offers received, if any, within 1393 the previous two (2) years. This determination can include testimony and relevant 1394 documents regarding: 1395 1396 (1) Any real estate broker or firm engaged to sell or lease the property,; 1397 (2) Reasonableness of the price in terms of fair market value or rent sought by the 1398 applicant,; and 1399 (3) Any advertisements placed for the sale or rental of the property. 1400 1401 d. The feasibility of alternative uses for the property as considered in relation to the 1402 following: 1403 1404 (1) Report from a licensed engineer or architect with demonstrated experience in 1405 rehabilitation of older buildings as to the structural soundness of any building 1406 on the property,; 1407 (2) An estimate of the cost of the proposed construction or alteration, including 1408 the cost of demolition and removal, and potential cost savings for reuse of 1409 materials,; 1410 (3) The estimated market values of the property in current condition, after 1411 completion of the demolition; and after renovation of the existing property for 1412 continued use,; and 1413 (4) The testimony of an experienced professional with demonstrated experience 1414 in rehabilitation of older buildings as to the economic feasibility of 1415 rehabilitation or reuse of the existing building on the property. An experienced 1416 professional may include, but is not limited to, an architect, developer, real 1417 estate consultant, appraiser, or any other professional experienced in 1418 preservation or rehabilitation of older buildings and licensed within the State 1419 of Utah. 1420 1421 36 LEGISLATIVE DRAFT e. Economic incentives and/or funding available to the applicant through Ffederal, 1422 Sstate, Ccity, or private programs. 1423 f. Description of past and current use. 1424 g. An itemized report that identifies what is deficient if the building does not meet 1425 minimum Ccity Bbuilding Ccode standards or violations of this Ccode and 1426 whether any exceptions within Chapter 12 Historic Buildings of the IEBC, or its 1427 successor, could be used to resolve those deficiencies. 1428 h. Consideration of map amendment, conditional use, special exception or other land 1429 use processes to alleviate hardship. 1430 1431 3. Procedure fFor Determination oOf Economic Hardship: The Planning Director shall 1432 appoint a qualified expert to evaluate the application and provide advice and/or 1433 testimony to the Historic Landmark Commission concerning the value of the property 1434 and whether or not the denial of demolition could result in an economic hardship. The 1435 extent of the authority of the Planning Director’s appointed qualified expert is limited 1436 to rendering advice and testimony to the Historic Landmark Commission. The 1437 Planning Director’s appointed qualified expert has no decision-making capacity. The 1438 Planning Director’s appointed qualified expert should have considerable and 1439 demonstrated experience in appraising, renovating, or restoring historic properties, 1440 real estate development, economics, accounting, finance and/or law. The Historic 1441 Landmark Commission may also consider other expert testimony upon reviewing the 1442 evidence presented by the applicant or receiving the advice/testimony of the Planning 1443 Director’s appointed qualified expert as necessary. 1444 1445 a. Appointment of Qualified Expert: The planning director shall appoint a qualified 1446 expert to evaluate the application and provide advice and/or testimony to the 1447 historic landmark commission concerning the value of the property and whether 1448 or not the denial of demolition could result in an economic hardship. 1449 1450 (1) The extent of the Authority: The planning director’s appointed qualified 1451 expert is limited to rendering advice and testimony to the historic landmark 1452 commission and has no decision-making capacity. 1453 (2) The planning director’s appointed qualified expert shall have considerable and 1454 demonstrated experience in appraising, renovating, or restoring historic 1455 properties, real estate development, economics, accounting, finance and/or 1456 law. 1457 (3) The historic landmark commission may also consider other expert testimony 1458 upon reviewing the evidence presented by the applicant or receiving the 1459 advice/testimony of the planning director’s appointed qualified expert as 1460 necessary. 1461 1462 ba. Review Oof Evidence: The Hhistoric Llandmark Ccommission shall hold a public 1463 hearing in accordance with the standards and procedures set forth in Chapter 1464 37 LEGISLATIVE DRAFT 21A.10 of this title shall to consider the evidence submitted, an application and 1465 the advice and /testimony of the Pplanning Ddirector’s appointed qualified expert. 1466 for determination of economic hardship after receipt of a complete application. 1467 1468 cb. Finding Oof Economic Hardship: If after reviewing all of the evidence presented by 1469 the applicant and the advice/testimony of the Pplanning Ddirector’s appointed 1470 qualified expert, and if the Hhistoric Llandmark Ccommission finds that the applicant 1471 has presented sufficient information supporting a determination of economic 1472 hardship, then the Hhistoric Llandmark Ccommission shall approve the issue a 1473 certificate of appropriateness for demolition. in accordance with subsections M and N 1474 of this section. In order to show that all beneficial or economically viable use cannot 1475 be obtained, the Hhistoric Llandmark Ccommission must find that all of the following 1476 are met: 1477 1478 (1) The contributing principal building or landmark site cannot be economically 1479 used or rented at a reasonable rate of return in its present condition or if 1480 rehabilitated; 1481 (2) The contributing principal building or landmark site cannot be put to any 1482 reasonable beneficial use in its present condition or if rehabilitated; and 1483 (3) Bona fide efforts during the previous year to sell or lease the contributing 1484 principal building or landmark site at a reasonable price have been 1485 unsuccessful. 1486 1487 (1) For demolition of non-residential or multifamily property: 1488 1489 (A) The contributing principal building or landmark site currently cannot be 1490 economically used or rented at a reasonable rate of return in its present 1491 condition. 1492 1493 (2) For demolition of a residential property (single or two family): 1494 1495 (A) The contributing principal building or landmark site cannot be put to any 1496 beneficial use in its present condition. 1497 dc. Certificate oOf Appropriateness fFor Demolition: If the Hhistoric Llandmark 1498 Ccommission finds an economic hardship, a certificate of appropriateness for 1499 demolition shall be issued in accordance with Subsection 21A.34.020.F.8. valid 1500 for one year. Extensions of time for an approved certificate of appropriateness for 1501 demolition associated with economic hardship shall be subject to 1502 subsection 21A.10.010D of this title. 1503 ed. Denial Oof Economic Hardship: If the Hhistoric Llandmark Ccommission does 1504 not find an economic hardship, then the application for a certificate of 1505 appropriateness for demolition shall be denied. No further economic hardship 1506 determination applications may be considered for the subject property for three 1507 (3) years from the date of the final decision of the Hhistoric Llandmark 1508 Ccommission. The Hhistoric Llandmark Ccommission may waive this restriction 1509 38 LEGISLATIVE DRAFT if the Hhistoric Llandmark Ccommission finds there are circumstances sufficient 1510 to warrant a new hearing other than the re-sale of the property or those caused by 1511 the negligence or intentional acts of the owner. 1512 1513 e. Appeal: Any owner adversely affected by a final decision of the Historic 1514 Landmark Commission may appeal the decision in accordance with the provisions 1515 of chapter 21A.16 of this title. 1516 M. Requirements For Certificate Of Appropriateness For Demolition: No certificate of 1517 appropriateness for demolition shall be issued unless the landmark site or contributing 1518 principal building to be demolished is to be replaced with a new building that meets the 1519 following criteria. 1520 1521 1. The replacement building satisfies all applicable zoning and H Historic Preservation 1522 Overlay District standards for new construction. 1523 2. The certificate of appropriateness for demolition is issued simultaneously with the 1524 appropriate approvals and permits for the replacement building. 1525 3. Submittal of documentation to the Planning Division of the landmark site or 1526 contributing principal building in a historic district. Documentation shall include 1527 photos of the subject property and a site plan. Documentation may also include 1528 drawings and/or written data if available. 1529 1530 a. Photographs. Digital or print photographs. Views should include: 1531 (1) Exterior views; 1532 (2) Close-ups of significant exterior features; 1533 (3) Views that show the relationship of the primary building to the overall site, 1534 accessory structures and/or site features. 1535 1536 b. Site plan showing the location of the building and site features. 1537 1538 N. Revocation Of The Designation Of A Landmark Site: If a landmark site is approved for 1539 demolition, the property shall not be removed from the Salt Lake City Register of 1540 Cultural Resources (see subsection D of this section). 1541 1542 O. Exceptions Of Certificate Of Appropriateness For Demolition Of Hazardous Buildings: A 1543 hazardous building shall be exempt from the provisions governing demolition if the 1544 building official determines, in writing, that the building currently is an imminent hazard 1545 to public safety. Prior to the issuance of a demolition permit, the building official shall 1546 notify the Planning Director of the decision. 1547 1548 P. Expiration Of Approvals: Subject to an extension of time granted by the Historic 1549 Landmark Commission, or in the case of an administratively approved certificate of 1550 appropriateness, by the Planning Director or designee, no certificate of appropriateness 1551 shall be valid for a period of longer than one year unless a building permit has been 1552 39 LEGISLATIVE DRAFT issued or complete building plans have been submitted to the Division of Building 1553 Services and Licensing within that period and is thereafter diligently pursued to 1554 completion, or unless a longer time is requested and granted by the Historic Landmark 1555 Commission, or in the case of an administrative approval, by the Planning Director or 1556 designee. Any request for a time extension shall be required not less than thirty (30) days 1557 prior to the twelve (12) month time period. 1558 1559 SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.40.190.B. That 1560 Subsection 21A.40.190.B of the Salt Lake City Code (Zoning: Accessory Uses, Buildings and 1561 Structures: Small Solar Energy Collection Systems: Small Solar Energy Collection Systems and 1562 Historic Preservation Overlay Districts or Landmark Sites) shall be, and hereby is amended to 1563 read as follows: 1564 B. Small Solar Energy Collection Systems aAnd Historic Preservation Overlay Districts Or 1565 Landmark Sites: 1566 1567 1. General: In addition to meeting the standards set forth in this section, all applications to 1568 install a small solar energy collection system within the Historic Preservation Overlay 1569 District shall obtain a certificate of appropriateness in accordance with Section 1570 21A.34.020 prior to installation. Small solar energy collection systems shall be allowed 1571 in accordance with the location priorities detailed in sSubsection B.3 of this section. If 1572 there is any conflict between the provisions of this sSubsection B, and any other 1573 requirements of this section, the provisions of this sSubsection B shall take precedence. 1574 2. Installation Standards: The small solar energy collection system shall be installed in a 1575 location and manner on the building or lot that is least visible and obtrusive and in such a 1576 way that causes the least impact to the historic integrity and character of the historic 1577 building, structure, site or district while maintaining efficient operation of the solar 1578 device. The system must be installed in such a manner that it can be removed and not 1579 damage the historic building, structure, or site it is associated with. 1580 3. Small Solar Energy Collection System Location Priorities: In approving appropriate 1581 locations and manner of installation, consideration shall include the following locations 1582 in the priority order they are set forth below. The method of installation approved shall be 1583 the least visible from a public right-of-way, not including alleys, and most compatible 1584 with the character defining features of the historic building, structure, or site. Systems 1585 proposed for locations in subsections B3a through B3e of this section, may be reviewed 1586 administratively as set forth in subsection 21A.34.020F1, “Administrative Decision”, of 1587 this title. Systems proposed for locations in subsection B3f of this section, shall be 1588 reviewed by the Historic Landmark Commission in accordance with the procedures set 1589 forth in subsection 21A.34.020F2, “Historic Landmark Commission”, of this title. 1590 40 LEGISLATIVE DRAFT 1591 a. Rear yard in a location not readily visible from a public right-of-way. 1592 b. On accessory buildings or structures in a location not readily visible from a public 1593 right-of-way. 1594 c. In a side yard in a location not readily visible from a public right-of-way. 1595 d. On the principal building in a location not readily visible from a public right-of-1596 way. 1597 e. On the principal building in a location that may be visible from a public right-of-1598 way, but not on the structure’s front facade. 1599 f. On the front facade of the principal building in a location most compatible with 1600 the character defining features of the structure. 1601 1602 SECTION 6. Amending the text of Salt Lake City Code Section 21A.50.020. That 1603 Section 21A.50.020 of the Salt Lake City Code (Zoning: Amendments: Authority) shall be, and 1604 hereby is amended to read as follows: 1605 21A.50.020: AUTHORITY: 1606 1607 The text of this title and the zoning map may be amended by the passage of an ordinance 1608 adopted by the city council in accordance with the procedures set forth in this chapter. 1609 Applications related to H Historic Preservation Overlay District or Landmark Sites are 1610 subject to the procedures in Chapter 21A.51, Local Historic Designations and Amendments. 1611 1612 SECTION 7. Amending the text of Salt Lake City Code Section 21A.50.030. That 1613 Section 21A.50.030 of the Salt Lake City Code (Zoning: Amendments: Initiation) shall be, and 1614 hereby is amended to read as follows: 1615 21A.50.030: INITIATION: 1616 1617 Amendments to the text of this title or to the zoning map may be initiated by filing an 1618 application for an amendment addressed to the planning commission. Applications for 1619 amendments may be initiated by the mayor, the city council, the planning commission, or the 1620 owner of the property included in the application, or the property owner’s authorized agent. 1621 Applications related to H Historic Preservation Overlay Districts or landmark sites or the 1622 Homeless Resource Center Overlay shall be initiated as provided in Chapter 21A.34 of this 1623 title. 1624 1625 41 LEGISLATIVE DRAFT SECTION 8. Amending the text of Salt Lake City Code Subsection 21A.50.040.B That 1626 Section 21A.50.030.B of the Salt Lake City Code (Zoning: Amendments: Procedure: Fees) shall 1627 be, and hereby is amended to read as follows: 1628 B. Fees: The application shall be accompanied by the applicable fees shown on the Salt 1629 Lake City consolidated fee schedule. The applicant shall also be responsible for payment 1630 of all fees established for providing the public notice required by cChapter 21A.10 of this 1631 title. Application and noticing fees filed by the city council, planning commission or the 1632 mayor shall not be required. Application and noticing fees filed for designation within an 1633 H historic preservation overlay district or to establish a character conservation district 1634 shall not be required. 1635 1636 1637 SECTION 9. Amending the text of Salt Lake City Code Section 21A.50.060 That 1638 Section 21A.50.060 of the Salt Lake City Code (Zoning: Amendments: Limitation on 1639 Amendments) shall be, and hereby is amended to read as follows: 1640 21A.50.060: LIMITATION ON AMENDMENTS: 1641 1642 A. No application for an amendment to this title shall be considered by the Ccity Ccouncil 1643 or the Pplanning Ccommission within one year of the withdrawal by the applicant or final 1644 decision of the Ccity Ccouncil upon a prior application covering substantially the same 1645 subject or substantially the same property. 1646 B. In the case of a proposed local historic district or thematic designation per section 1647 21A.50.060 of this chapter, if a local historic district or area proposal fails in accordance 1648 with the voting procedures set forth in section 21A.50.060.A11, a resident may not 1649 initiate the creation of a local historic district, area, or thematic designation that includes 1650 more than fifty percent (50%) of the same property as the failed local historic district, 1651 area, or thematic designation proposal for four (4) years after the day on which the 1652 property owner opinion ballots for the vote were due. 1653 BC. This determination shall be made by the Zzoning Aadministrator upon receipt of an 1654 application pursuant to sSection 21A.50.030 of this chapter. This provision shall not 1655 restrict the Mmayor, the Ccity Ccouncil or the Pplanning Ccommission from proposing 1656 any text amendment or change in the boundaries of any of the districts in this title at any 1657 time. 1658 1659 42 LEGISLATIVE DRAFT SECTION 10. Adopting a new Chapter 21A.51 of Salt Lake City Code 21A. Chapter 21A of 1660 the Salt Lake City Code (Local Historic Designation and Amendments) shall be and hereby is 1661 amended to include a new Chapter 21A.51 Local Historic Designation and Amendments and shall 1662 read as follows: 1663 Chapter 21A.51 1664 LOCAL HISTORIC DESIGNATON & AMENDMENTS 1665 21A.51.010: Purpose Statement 1666 21A.51.020: Authority 1667 21A.51.030: Local Historic Designation Process 1668 21A.51.040: Local Historic Designation Criteria 1669 21A.51.050: Existing Local Historic Amendment Process 1670 21A.51.060: Existing Local Historic Amendment Criteria 1671 21A.51.070: Limitations 1672 21A.51.080: Historic Resource Surveys 1673 21A.51.090: Appeal of Decision 1674 1675 21A.51.010: PURPOSE STATEMENT: 1676 The purpose of this chapter is to provide standards and procedures for making amendments 1677 to the zoning map related to the H Historic Preservation Overlay District. The H Historic 1678 Preservation Overlay District applies to all properties within the boundaries of a local historic 1679 district, part of a thematic designation, or a landmark site. 1680 21A.51.020: AUTHORITY: 1681 A. Authority: Pursuant to the procedures and standards in this chapter and the standards for 1682 general amendments in Section 21A.50.050, the city council may amend the zoning map 1683 and apply the H Historic Preservation Overlay District by the passage of an ordinance 1684 and: 1685 1686 1. Designate a landmark site; 1687 2. Designate as a local historic district; 1688 3. Designate as a thematic designation; 1689 4. Amend designations to add or remove features or property to or from a landmark site, 1690 local historic district or thematic designation; 1691 5. Revoke designation of a landmark site; 1692 6. Adopt comprehensive historic resource surveys and associated reports for new 1693 landmark sites, local historic districts or thematic designations; and 1694 1695 43 LEGISLATIVE DRAFT 7. Adopt updates to historic resource surveys and associated reports for existing local 1696 historic districts or thematic designations in accordance with the provisions in Section 1697 21A.51.080. 1698 1699 21A.51.030: LOCAL HISTORIC DESIGNATION PROCESS: 1700 Salt Lake City will consider the local designation of a landmark site, local historic district or 1701 thematic designation in order to protect the best examples of historic resources which 1702 represent significant elements of the city’s prehistory, history, development patterns or 1703 architecture. Local designation must be in the best interest of the city and achieve a 1704 reasonable balance between private property rights and the public interest in preserving the 1705 city’s cultural, historic, and architectural heritage. 1706 A. Process for Designation of a Local Historic District or Thematic Designation: 1707 1708 1. Procedures Required Before an Application Can be Submitted: Prior to the submittal 1709 of an application for the designation or amendment local historic district or thematic 1710 designation, and prior to gathering any signatures for an application, the following 1711 steps must be completed: 1712 1713 a. Pre-application Conference: A potential applicant shall attend a pre-application 1714 conference with the planning director or designee. The purpose of this meeting is 1715 to discuss the merits of the proposed designation and the amendment processes as 1716 outlined in this section. 1717 1718 b. Notification to Affected Property Owners: Following the preapplication 1719 conference outlined in Subsection A.1.a of this section, the city shall send by first 1720 class mail a neutral informational pamphlet to owners of record for each property 1721 potentially affected by a forthcoming application. The informational pamphlet 1722 shall be mailed after a potential applicant submits to the city a finalized proposed 1723 boundary of an area to be included in the H Historic Preservation Overlay 1724 District. The informational pamphlet shall contain, at a minimum, a description of 1725 the process to create a local historic district or thematic designation and will also 1726 list the pros and cons of a local historic district or thematic designation. Once the 1727 city sends the informational pamphlet, gathering of property owner signatures 1728 may begin per Subsection A.2 of this section. The informational pamphlet sent 1729 shall remain valid for ninety (90) days. If an application is not filed with the city 1730 within ninety (90) days after the date that the informational pamphlet was mailed, 1731 the city shall close its file on the matter. Any subsequent proposal must begin the 1732 application process again. 1733 1734 2. Application: 1735 1736 44 LEGISLATIVE DRAFT a. Parties Entitled to Submit Application: The mayor or the city council, by a 1737 majority vote, may initiate a petition to consider designation of a local historic 1738 district or thematic designation. A property owner submitting such application 1739 shall demonstrate, in writing, support of more than thirty three percent (33%) of 1740 the property owners of lots or parcels within the proposed boundaries of an area to 1741 be included in the H Historic Preservation Overlay District. 1742 1743 (1) For purposes of this subsection, a lot or parcel of real property may not be 1744 included in the calculation of the required percentage unless the application is 1745 signed by property owners representing at least fifty percent (50%) of the 1746 interest in that lot or parcel. 1747 1748 (2) Each lot or parcel of real property may only be counted once toward the thirty 1749 three percent (33%), regardless of the number of owner signatures obtained 1750 for that lot or parcel. 1751 1752 (3) Signatures obtained to demonstrate support of more than thirty three percent 1753 (33%) of the property owners within the boundary of the proposed local 1754 historic district or thematic designation must be gathered within a period of 1755 ninety (90) days as counted between the date that the informational pamphlet 1756 was mailed as required per Subsection 21A.51.030.A.1.b and the date of the 1757 last required signature. 1758 1759 b. Submittal Requirements: An application shall be made to the zoning administrator 1760 on a form or forms provided by the office of the zoning administrator, which shall 1761 include at least the following information unless deemed unnecessary by the 1762 zoning administrator: 1763 1764 (1) Information demonstrating the procedures in Subsections 21A.51.030.A.1.a 1765 and 21A.51.030.A.1.b have been followed; 1766 1767 (2) Information demonstrating the requirements in Subsection 21A.51.030.A.2.a 1768 have been met; 1769 1770 (3) Street addresses and parcel numbers of all properties included in the proposed 1771 local designation; 1772 1773 (4) Photos of all properties included in the proposed designation; 1774 1775 (5) Narrative demonstrating compliance with the standards and considerations in 1776 Section 21A.51.040; and 1777 1778 45 LEGISLATIVE DRAFT (6) Any other information the zoning administrator deems necessary for 1779 consideration of a particular application. 1780 1781 c. Fees: Application and noticing fees for designation of a local historic district or 1782 thematic designation shall not be required. 1783 1784 3. Notice of Designation Application Letter: Following the receipt by the city of an 1785 application for the designation of a local historic district or thematic designation, the 1786 city shall send a notice of designation application letter to owner(s) of record for each 1787 property affected by said application along with a second copy of the informational 1788 pamphlet described in Subsection 21A.51.030.A.1.b. In the event that no application 1789 is received following the ninety (90) day period of property owner signature 1790 gathering, the city will send a letter to property owner(s) of record stating that no 1791 application has been filed, and that the city has closed its file on the matter. 1792 1793 4. Planning Director Report to the City Council: Following the receipt by the city of an 1794 application for the designation to a local historic district or thematic designation and 1795 following mailing of the notice of designation application letter described in 1796 Subsection 21A.51.030.A.3, the planning director shall submit a report based on the 1797 following considerations to the city council: 1798 1799 a. Whether a current historic survey meeting the standards prescribed by the State 1800 Historic Preservation Office is available for the landmark site or the area proposed 1801 for a local historic district or thematic designation. If a suitable survey is not 1802 available, the report shall propose a strategy to gather the needed survey data. 1803 1804 b. The city administration will determine the priority of the petition and determine 1805 whether there is sufficient funding and staff resources available to allow the 1806 planning division to complete a community outreach process, historic resource 1807 analysis and to provide ongoing administration of the new local historic district or 1808 thematic designation if the designation is approved by the city council. If 1809 sufficient funding is not available, the report shall include a proposed budget. 1810 1811 c. Whether the proposed designation is generally consistent with the purposes, goals, 1812 objectives and policies of the city as stated through its various adopted planning 1813 documents. 1814 1815 d. Whether the proposed designation would generally be in the public interest. 1816 1817 e. Whether there is probable cause to believe that the proposed landmark site, local 1818 historic district or thematic designation may be eligible for designation consistent 1819 with the purposes and designation criteria in Section 21A.51.040 and the zoning 1820 map amendment criteria in Section 21A.50.050, “Standards for General 1821 Amendments”, of this title. 1822 46 LEGISLATIVE DRAFT 1823 f. Verification that a neutral informational pamphlet was sent per Subsection 1824 21A.51.030.A.3 of this section to all property owners within a proposed local 1825 historic district following the preapplication process outlined in Subsections 1826 21A.51.030.A.1.a and 21A.51.030.A.1.b. 1827 1828 5. Notification to Recognized Community Organizations: Notification to recognized 1829 community organizations shall be provided as set forth in Section 2.60.050 of this 1830 code. 1831 1832 6. Property Owner Meeting: Following the submission of the planning director’s report 1833 and acceptance of the report by the city council, the planning division will conduct a 1834 community outreach process to inform the owners of property within the proposed 1835 boundaries of the proposed local historic district or thematic designation about the 1836 following: 1837 1838 a. The designation process, including determining the level of property owner 1839 support, the public hearing process, and final decision-making process by the city 1840 council; and 1841 1842 b. Zoning ordinance requirements affecting properties located within the H Historic 1843 Preservation Overlay District, adopted design guidelines, the design review 1844 process for alterations and new construction, the demolition process and the 1845 economic hardship process. 1846 1847 7. Open House: The planning division will conduct an open house pursuant to Section 1848 2.60.050. 1849 1850 8. Public Hearings: A public hearing shall be held with both the historic landmark 1851 commission and the planning commission in accordance with the standards and 1852 procedures set forth in Chapter 21A.10, “General Application and Public Hearing 1853 Procedures”, of this title. The historic landmark commission and planning 1854 commission shall recommend approval or denial of the proposal or the approval of 1855 some modification of the proposal. 1856 1857 9. Property Owner Opinion Balloting: 1858 1859 a. Following the completion of the historic landmark commission and planning 1860 commission public hearings, the city will deliver property owner opinion ballots 1861 via first class mail to property owners of record within the boundary of the 1862 proposed local historic district or thematic designation. The property owner 1863 opinion ballot is a nonbinding opinion poll to inform the city council of property 1864 owner interest regarding the designation of a local historic district. Each 1865 individual property in the proposed designation boundary, regardless of the 1866 47 LEGISLATIVE DRAFT number of owners having interest in any given property, will receive one property 1867 owner opinion ballot. 1868 1869 (1) A property owner is eligible to vote regardless of whether or not the property 1870 owner is an individual, a private entity, or a public entity; 1871 1872 (2) The city shall count no more than one property owner opinion ballot for: 1873 1874 (a) Each parcel within the boundaries of the proposed local historic district or 1875 area; or 1876 1877 (b) If the parcel contains a condominium project, each unit within the 1878 boundaries of the proposed local historic district or area; and 1879 (c) If a parcel or unit has more than one owner of record, the city shall count 1880 a property owner opinion ballot for the parcel or unit only if the property 1881 owner opinion ballot reflects the vote of the property owners who own at 1882 least fifty percent (50%) interest in the parcel or unit. 1883 b. Property owners of record will have thirty (30) days from the postmark date of the 1884 property owner opinion ballot to submit a response to the city indicating the 1885 property owner’s support or nonsupport of the proposed designation. 1886 1887 c. A letter shall be mailed to all property owners within the proposed local historic 1888 district or thematic designation whose property owner opinion ballot has not been 1889 received by the city within fifteen (15) days from the original postmark date. This 1890 follow up letter will encourage the property owners to submit a property owner 1891 opinion ballot prior to the thirty (30) day deadline date set by the mailing of the 1892 first property owner opinion ballot. 1893 1894 10. Notification of Property Owner Opinion Balloting Results: Following the public 1895 opinion balloting for the proposed designation, the city will send notice of the results 1896 to all property owners within the proposed local historic district or thematic 1897 designation. 1898 1899 11. City Council Consideration: Following the transmittal of the recommendations of the 1900 historic landmark commission and the planning commission and the results of the 1901 property owner opinion ballot process, the city council shall hold a public hearing to 1902 consider the designation of a local historic district or thematic designation in 1903 accordance with the standards and procedures set forth in Chapter 21A.10, “General 1904 Application and Public Hearing Procedures”, of this title and the following: 1905 1906 1907 48 LEGISLATIVE DRAFT a. If the property owner opinion ballots returned equals at least two-thirds (2/3) of the 1908 total number of returned property owner support ballots and represents more than 1909 fifty percent (50%) of the parcels and units (in the case of a condominium) within 1910 the proposed local historic district, area, or thematic designation, the city council 1911 may designate a local historic district or a thematic district by a simple majority 1912 vote. 1913 1914 b. If the number of property owner opinion ballots received does not meet the 1915 threshold identified in Subsection 21A.51.030.A.11.a the city council may only 1916 designate a local historic district, area, or a thematic district by an affirmative vote 1917 of two-thirds (2/3) of the members of the city council. 1918 1919 c. If the number of property owner opinion ballots received in support and in 1920 opposition is equal, the city council may only designate a local historic district or 1921 a thematic district by a super majority vote. 1922 1923 B. Process for Designation of a Landmark Site: 1924 1925 1. Application: 1926 1927 a. Parties Entitled to Submit Application: Any owner of property proposed for a 1928 landmark site, the mayor or the city council, by majority vote, may initiate a 1929 petition to consider the designation of a landmark site. 1930 1931 b. Submittal Requirements: Applications for landmark sites shall provide at least all 1932 of the information in Subsection 21A.51.030.A.2.b unless deemed unnecessary by 1933 the zoning administrator. 1934 1935 c. Fees: Application and noticing fees for designation of a landmark site shall not be 1936 required. 1937 1938 2. Notification to Community Organizations: Notification to recognized community 1939 organizations shall be provided as set forth in Section 2.60.050 of this code. 1940 1941 3. Public Hearings: A public hearing shall be held with both the historic landmark 1942 commission and the planning commission in accordance with the standards and 1943 procedures set forth in Chapter 21A.10, “General Application and Public Hearing 1944 Procedures”, of this title. The historic landmark commission and planning 1945 commission shall recommend approval or denial of the proposal or the approval of 1946 some modification of the proposal and the recommendation will be submitted to the 1947 city council. 1948 1949 49 LEGISLATIVE DRAFT 4. City Council Consideration: Following the transmittal of the recommendations of the 1950 historic landmark commission and the planning commission, the city council shall 1951 hold a public hearing to consider the designation of a landmark site in accordance 1952 with the standards and procedures set forth in Chapter 21A.10, “General Application 1953 and Public Hearing Procedures”, of this title. The city council may, by a majority 1954 vote, designate a landmark site. 1955 1956 C. City Council Decision: Following city council designation of a landmark site, local 1957 historic district or thematic designation, all of the properties located within the 1958 boundaries of the local historic district, landmark site, or thematic designation will be 1959 subject to the H Historic Preservation Overlay District and subject to the provisions of 1960 Section 21A.34.020. The zoning regulations will go into effect on the date of the 1961 publication of the ordinance unless otherwise noted on the adopted ordinance. 1962 1963 1. Designation Adoption: Designation of a landmark site, local historic district or 1964 thematic designation includes adoption of the historic survey and associated report 1965 submitted for the designation. Historic resource surveys may be updated pursuant to 1966 the provisions in Section 21A.51.080 or Subsection 21A.34.020.D. 1967 1968 2. Notice of Designation: Within thirty (30) days following the designation of a 1969 landmark site, local historic district or thematic designation, the city shall provide 1970 notice of the action to all owners of property within the boundaries of the H Historic 1971 Preservation Overlay District. In addition, a notice shall be recorded in the office of 1972 the Salt Lake County Recorder for all lots or parcels within the area added to the H 1973 Historic Preservation Overlay District. 1974 1975 21A.51.040: LOCAL HISTORIC DESIGNATION CRITERIA: 1976 A. Standards for the Designation of a Landmark Site, Local Historic District or Thematic 1977 Designation: The proposed landmark site, local historic district, or thematic designation 1978 shall be evaluated according to the following: 1979 1980 1. Significance in local, regional, state or national history, architecture, engineering or 1981 culture, associated with at least one of the following: 1982 1983 a. Events that have made significant contribution to the important patterns of 1984 history, or 1985 1986 b. Lives of persons significant in the history of the city, region, state, or nation, or 1987 1988 c. The distinctive characteristics of a type, period of significance, or method of 1989 construction; or the work of a notable architect or master craftsman, or 1990 1991 50 LEGISLATIVE DRAFT d. Information important in the understanding of the prehistory or history of Salt 1992 Lake City; and 1993 1994 2. Historic integrity in terms of location, design, setting, materials, workmanship, 1995 feeling and association as defined in Section 21A.62.040. When analyzing historic 1996 integrity, the collective historic value of the buildings and structures in a local historic 1997 district taken together may be greater than the historic value of each individual 1998 building or structure in a district. 1999 2000 3. The proposed landmark site, local historic district or thematic designation is listed, or 2001 is eligible to be listed on the National Register of Historic Places; 2002 2003 4. The proposed designation contains notable examples of elements of the city’s history, 2004 development patterns or architecture not typically found in other local historic 2005 districts within Salt Lake City; 2006 2007 5. The designation is generally consistent with adopted planning policies; and 2008 2009 6. The designation would be in the overall public interest. 2010 2011 B. Factors to Consider: The following factors may be considered by the historic landmark 2012 commission and the city council to help determine whether the proposed designation of a 2013 landmark site, local historic district or thematic designation meets the criteria listed 2014 above: 2015 2016 1. Sites are of an age that allows insight into whether a property is sufficiently important 2017 in the overall history of the community as identified in one or more periods of 2018 significance in a historic survey report. Typically, this is at least fifty (50) years but 2019 could be less if the property has exceptional importance. 2020 2021 2. Whether the proposed local historic district or thematic designation contains 2022 examples of elements of the city’s history, development patterns and/or architecture 2023 that may not already be protected by other local historic districts within the city. 2024 2025 3. Whether designation of the proposed local historic district or thematic designation 2026 would add important knowledge that advances the understanding of the city’s history, 2027 development patterns and/or architecture. 2028 2029 4. Whether approximately seventy five percent (75%) of the structures within the 2030 proposed boundaries are rated as contributing structures by the most recent applicable 2031 historic survey and those relate to identified significance and periods of significance. 2032 2033 51 LEGISLATIVE DRAFT C. Boundaries of a Proposed Landmark Site: When applying the evaluation criteria in 2034 Subsection 21A.51.040.A, the boundaries of a landmark site shall be drawn to ensure that 2035 historical associations, that best enhance the integrity of the site comprise the boundaries. 2036 2037 D. Boundaries of a Proposed Local Historic District: When applying the evaluation criteria 2038 in Subsection 21A.51.040.A, the boundaries shall be drawn to ensure the local historic 2039 district: 2040 2041 1. Contains a significant density of documented sites, buildings, structures or features 2042 rated as contributing structures in a recent historic survey; 2043 2044 2. Coincides with documented historic boundaries such as early roadways, canals, 2045 subdivision plats or property lines; 2046 2047 3. Coincides with logical physical or manmade features and reflect recognized 2048 neighborhood boundaries; and 2049 2050 4. Contains noncontributing resources or vacant land only where necessary to create 2051 appropriate boundaries to meet the criteria in Subsections 21A.51.040.A and 2052 21A.51.040.D. 2053 2054 E. Boundaries of a Proposed Thematic Designation: When applying the evaluation criteria 2055 of this section, the boundaries shall be drawn to ensure the thematic designation contains 2056 a collection of sites, buildings, structures, or features that are associated by historical, 2057 architectural, or aesthetic characteristics and contribute to the historic preservation goals 2058 of Salt Lake City by protecting historical, architectural, or aesthetic interest or value. 2059 2060 21A.51.050: EXISTING LOCAL HISTORIC AMENDMENT PROCESS: 2061 A. Applicability: Existing Local Historic Amendments applies to the following: 2062 2063 1. Expanding the boundaries of an existing landmark site, local historic district, or adding 2064 additional properties to an existing thematic designation; 2065 2. Reducing the boundaries of an existing landmark site, local historic district, or 2066 removing properties from an existing thematic designation; and 2067 3. Revocation of the designation of a landmark site. 2068 2069 B. Process for Amendments to Existing Local Historic Districts and Thematic Designations: 2070 2071 1. Boundary Expansion: The process for expanding the boundaries of an existing local 2072 historic district or adding properties to a thematic designation shall be the same as 2073 outlined in Subsection 21A.51.030.A except that the following shall only apply to the 2074 properties being added into the proposed expanded boundary and do not apply to 2075 52 LEGISLATIVE DRAFT those properties already designated in a local historic district or thematic designation 2076 and already subject to the H Historic Preservation Overlay District: 2077 2078 a. The notification to affected property owners described in Subsection 2079 21A.51.030.A.1.b; 2080 2081 b. The application submittal requirements for demonstrating support of 33% of the 2082 property owners described in Subsection 21A.51.030.A.2; 2083 2084 c. The property owner meeting described in Subsection 21A.51.030.A.6; 2085 2086 d. The opinion ballot described in Subsection 21A.51.030.A.9; 2087 2088 e. Notification of property owner opinion balloting results in Subsection 2089 21A.51.030.A.10; and 2090 2091 f. City council consideration opinion ballot thresholds described in Subsection 2092 21A.51.030.A.11. 2093 2. Boundary Reduction: The process for reducing the boundaries of an existing local 2094 historic district or removing properties from a thematic designation shall be the same 2095 as outlined in Subsection 21A.51.030.A except that: 2096 2097 a. The requirements described in Subsection 21A.51.050.B.1.a through f, shall only 2098 apply to those properties proposed to be removed from the local historic district or 2099 thematic designation and do not apply to those properties already designated in a 2100 local historic district or thematic designation and already subject to the H Historic 2101 Preservation Overlay District. 2102 2103 b. Fees: The application shall be accompanied by the applicable fees shown on the 2104 Salt Lake City consolidated fee schedule. The applicant shall also be responsible 2105 for payment of all fees established for providing the public notice required by 2106 Chapter 21A.10 of this title. Applications filed by the city council, planning 2107 commission or the mayor shall not be required. 2108 2109 C. Amendments to Existing Landmark Sites: 2110 2111 1. Boundary Expansion or Reduction or Revocation: The process for expanding or 2112 reducing the boundaries of an existing landmark site or the revocation of the 2113 designation of a landmark site shall follow the steps outlined in Subsection 2114 21A.51.030.B in addition to: 2115 2116 a. Fees: Applications for reducing the boundaries of a landmark site or for the 2117 revocation of the designation of a landmark site shall be accompanied by the 2118 applicable fees shown on the Salt Lake City consolidated fee schedule. The 2119 53 LEGISLATIVE DRAFT applicant shall also be responsible for payment of all fees established for 2120 providing the public notice required by Chapter 21A.10 of this title. Applications 2121 filed by the city council, planning commission or the mayor shall not be required. 2122 2123 21A.51.060: EXISTING LOCAL HISTORIC AMENDMENT CRITERIA: 2124 2125 A. Expansion: A proposed expansion of the boundaries of an existing landmark site, local 2126 historic district, or the addition of properties to a thematic designation shall be considered 2127 utilizing the provisions of Subsections 21A.51.040.A through E and provided that new 2128 information indicates that the inclusion of additional properties would better convey the 2129 historical and architectural integrity of the landmark site, local historic district or 2130 thematic designation. 2131 2132 B. Reduction: A proposed reduction of the boundaries of an existing landmark site, local 2133 historic district or the removal of properties from a thematic designation shall 2134 demonstrate the properties have no longer met the criteria in Subsection 21A.51.040.A 2135 for inclusion within the landmark site, local historic district or thematic designation. The 2136 qualities that caused them to be originally included have been lost or destroyed, or such 2137 qualities were lost subsequent to the historic landmark commission recommendation and 2138 adoption of the designation. 2139 2140 C. Revocation of the Designation of a Landmark Site: A proposal for revocation of a 2141 landmark site shall demonstrate the property no longer meets the criteria in Subsection 2142 21A.51.040.A for which it was originally designated. 2143 2144 21A.51.070: LIMITATIONS: 2145 2146 A. If a local historic district or thematic designation proposal fails in accordance with the 2147 voting procedures set forth in Subsection 21A.51.030.A.9, a resident may not initiate the 2148 creation of a local historic district or thematic designation that includes more than fifty 2149 percent (50%) of the same property as the failed local historic district or thematic 2150 designation proposal for four (4) years after the day on which the property owner opinion 2151 ballots for the vote were due. 2152 1. This determination shall be made by the zoning administrator upon receipt of an 2153 application pursuant to Section 21A.51.030 of this chapter. This provision shall not 2154 restrict the mayor or the city council from initiating a petition at any time for a new 2155 local historic district or thematic designation, or to amend the boundaries of a local 2156 historic district or the removal or addition of properties in a thematic designation. 2157 2158 21A.51.080: HISTORIC RESOURCE SURVEYS 2159 2160 54 LEGISLATIVE DRAFT A. Existing Historic Resource Surveys: Any historic resource survey that was conducted for 2161 the city prior to the amendment of this chapter shall be utilized by the planning director 2162 and the historic landmark commission in applying provisions of Section 21A.34.020 the 2163 H Historic Preservation Overlay District. Any subsequent adoption of a historic resource 2164 survey will be done by ordinance in accordance with the provisions in this chapter and 2165 will supersede previous surveys. 2166 2167 B. Updates to Historic Resource Surveys: 2168 2169 1. Applicability: The city aims to update historic resource surveys on a periodic basis as 2170 recommended by the National Park Service. Updates to surveys are for land use 2171 purposes to determine periods of significance, to determine historic status of 2172 individual properties, to update the national register, and to keep archival records on 2173 historic properties. Updates to a historic resource survey for existing local historic 2174 district is subject to the following: 2175 2176 a. The standards of the H Historic Preservation Overlay apply to those properties 2177 within an adopted local historic district. Any other properties evaluated in a 2178 historic resource survey outside the boundary of a designated local district or 2179 thematic designation will not be subject to the land use regulations associated 2180 with historic status designations in the H Historic Preservation Overlay District. 2181 2182 b. An updated historic resource survey maintains the boundaries of a local historic or 2183 the properties within a thematic designation but may update the historic status of 2184 properties within the adopted H Historic Preservation Overlay District. 2185 2186 c. Historic Status Determinations: Instances where the historic status of an 2187 individual property within a local historic district is in question, the zoning 2188 administrator will use the provisions of Subsection 21A.34.020.D to make a 2189 timely determination. 2190 2191 d. Any properties changing status from the most recent historic resource survey shall 2192 be specifically identified in the updated survey and their period of significance 2193 and historic status listed. 2194 2195 2. Process for Updating Historic Resource Surveys: 2196 2197 a. Public Hearings: A public hearing shall be held with both the historic landmark 2198 commission and the planning commission in accordance with the standards and 2199 procedures set forth in Chapter 21A.10, “General Application and Public Hearing 2200 Procedures”, of this title. The historic landmark commission and planning 2201 commission shall recommend approval or denial of the updated historic resource 2202 55 LEGISLATIVE DRAFT survey or the approval of some modification of the updated historic resource 2203 survey and the recommendation will be submitted to the city council. 2204 2205 b. City Council: Following the transmittal of the historic landmark commission’s 2206 recommendation, the city council shall hold a public hearing to consider adopting 2207 the updated historic survey in accordance with the procedures set forth in Chapter 2208 21A.10, “General Application and Public Hearing Procedures”, of this title. The 2209 city council may, by a majority vote, adopt the updated historic resource survey. 2210 In deciding to adopt an updated historic resource survey, the city council may 2211 consider the following in their decision making: 2212 2213 (1) Any benefit or impact that extending the period of significance would have on 2214 the local district or thematic designation and the city; 2215 2216 (2) Any new period of significance in the updated survey is identified and 2217 associated with at least one of the following: 2218 2219 (a) Events that have made significant contribution to the important patterns of 2220 history, or 2221 (b) Lives of persons significant in the history of the city, region, state, or 2222 nation, or 2223 (c) The distinctive characteristics of a type, period of significance or method 2224 of construction; or the work of a notable architect or master craftsman, or 2225 (d) Information important in the understanding of the prehistory or history of 2226 Salt Lake City; and 2227 (3) Any properties within a new period of significance will be assessed for 2228 aspects of integrity in terms of location, design, setting, materials, 2229 workmanship, feeling and association as defined by the National Park Service 2230 Aspects of integrity. When analyzing integrity, the collective historic value of 2231 the buildings and structures in a local historic district taken together may be 2232 greater than the historic value of each individual building or structure in a 2233 district. If integrity is intact, the property is denoted as contributing in the 2234 updated survey; 2235 2236 (4) Any notable examples of elements of the city’s history, development patterns 2237 or architecture not typically found in other local historic districts within Salt 2238 Lake City are specifically identified for any new periods of significance in the 2239 updated survey; 2240 2241 (5) The historic survey update would be in the overall public interest. 2242 56 LEGISLATIVE DRAFT 2243 C. City Council Action: If an updated historic resource survey is adopted by the city council, 2244 the updated historic resource survey including any updated historic status designations 2245 shall be used when applying provisions of the H Historic Preservation Overlay District in 2246 Section 21A.34.020. The decision to update a historic resource survey will go into effect 2247 on the date of the publication of the related ordinance unless otherwise noted on the 2248 adopted ordinance. 2249 2250 2251 21A.51.090: APPEAL OF DECISION: 2252 2253 Any party adversely affected by the decision of the city council may, within thirty (30) days 2254 after such decision, file a petition for review to the District Court pursuant to the Municipal 2255 Land Use Development and Management Act, Section 10-9a-801, of the Utah Code. 2256 2257 SECTION 11. Amending the Text of Salt Lake City Code Section 21A.60.020. That Section 2258 21A.60.020 of the Salt Lake City Code (Zoning: List of Terms: List of Defined Terms) shall be and 2259 hereby is amended to add the following terms in the list of defined terms to be inserted into that list 2260 in alphabetical order: 2261 Contributing Structure 2262 Noncontributing Structure 2263 Demolition (as it applies to properties within the H Historic Preservation Overlay District) 2264 Demolition, Partial (as it applies to properties within the H Historic Preservation Overlay 2265 District) 2266 Historic Design Guidelines 2267 Historic Integrity 2268 Economic Hardship 2269 Historic Resource Survey 2270 Landmark Site 2271 Local Historic District 2272 Period of Significance 2273 Thematic Designation 2274 Willful Neglect 2275 2276 SECTION 12. Amending the Text of Salt Lake City Code Section 21A.62.040. That 2277 Section 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms) shall 2278 57 LEGISLATIVE DRAFT be and hereby is amended to add the following definitions, which shall be inserted in 2279 alphabetical order and shall read as follows: 2280 2281 CONTRIBUTING STRUCTURE: A structure or site within the H historic preservation 2282 overlay district that has been determined through the process outlined in Section 2283 21A.51.040, or an adopted historic resource survey, or Subsection 21A.34.020.D, to 2284 generally retain historic integrity. When analyzing historic integrity of a building as part 2285 of a local historic district, the collective historic value of the buildings and structures in a 2286 local historic district taken together may be greater than the historic value of each 2287 individual building or structure in a district. A contributing structure generally has its 2288 major character defining features intact and although minor alterations may have 2289 occurred, they are generally reversible. 2290 2291 DEMOLITION (AS IT APPLIES TO PROPERTIES WITHIN THE H HISTORIC 2292 PRESERVATION OVERLAY DISTRICT): Any act or process which destroys a structure, 2293 object or property within the H Historic Preservation Overlay District or a landmark site. 2294 (See definition of demolition, partial.) 2295 2296 DEMOLITION, PARTIAL (AS IT APPLIES TO PROPERTIES WITHIN THE H 2297 HISTORIC PRESERVATION OVERLAY DISTRICT): Partial demolition includes any act 2298 which destroys a portion of a structure consisting of not more than twenty five percent (25%) 2299 of the floor area of the structure, and where the portion of the structure to be demolished is 2300 not readily visible from the street. Partial demolition also includes the demolition or removal 2301 of additions or materials not of the historic period on any exterior elevation exceeding twenty 2302 five percent (25%) when the demolition is part of an act of restoring original historic 2303 elements of a structure and/or restoring a structure to its historical mass and size. 2304 2305 ECONOMIC HARDSHIP: Denial of a property owner of all reasonable beneficial or 2306 economically viable use of a property without just compensation. 2307 2308 HISTORIC DESIGN GUIDELINES: The historic design guidelines provide guidance in 2309 determining the suitability and architectural compatibility of proposed maintenance, repair, 2310 alteration or new construction while at the same time, allowing for reasonable changes that 2311 meet current needs of properties located within the H Historic Preservation Overlay District. 2312 For architects, designers, contractors and property owners, they provide guidance in planning 2313 and designing future projects. For city staff and the historic landmark commission, they 2314 provide guidance for the interpretation of the zoning ordinance standards. Design guidelines 2315 are officially adopted by city council. 2316 2317 HISTORIC INTEGRITY: The ability of a property to convey its historical associations or 2318 attributes. As defined by the National Park Service, the following aspects or qualities, in 2319 various combinations, define historic integrity: 2320 Location- Location is the place where the historic property was constructed or the 2321 place where a historic event occurred. 2322 58 LEGISLATIVE DRAFT 2323 Design: Design is the combination of elements that create the form, plan, space, 2324 structure, and style of a property. 2325 2326 Setting: Setting is the physical environment of a historic property. 2327 2328 Materials: Materials are the physical elements that were combined or deposited 2329 during a particular period of time and in a particular pattern or configuration to form a 2330 historic property. 2331 2332 Workmanship: Workmanship is the physical evidence of the crafts of a particular 2333 culture or people during any given period in history. 2334 2335 Feeling: Feeling is a property’s expression of the aesthetic or historic sense of a 2336 particular period of time. 2337 2338 Association: Association is the direct link between an important historic event or 2339 person and a historic property. 2340 2341 HISTORIC RESOURCE SURVEY: A systematic resource for identifying and evaluating the 2342 quantity and quality of historic resources for land use planning purposes following the 2343 guidelines and forms of the Utah State Historic Preservation Office. Historic resource 2344 surveys shall be prepared by a qualified professional meeting the minimum professional 2345 qualifications defined by the U.S. National Park Service in the fields of history, archeology, 2346 architectural history, architecture, or historic architecture. 2347 2348 LANDMARK SITE: Any historic site that has been designated in accordance with 2349 Subsection 21A.51.030.B or any site on the Salt Lake City Register of Cultural Resources. A 2350 landmark site includes an individual building, structure or feature or an integrated group of 2351 buildings, structures or features on a single site. Such sites are of exceptional importance to 2352 the city, state, region or nation and impart high artistic, historic or cultural values. A 2353 landmark site clearly conveys a sense of time and place and enables the public to interpret the 2354 historic character of the site. Landmark sites are subject to the regulations of Section 2355 21A.34.020, the H Historic Preservation Overlay District. 2356 2357 LOCAL HISTORIC DISTRICT: A contiguous geographically definable area with a 2358 minimum district size of one “block face”, as defined in Section 21A.62.040, designated by 2359 the city council pursuant to the provisions in Subsection 21A.51.030.A, which contains 2360 buildings, structures, sites, objects, landscape features, archaeological sites and works of art, 2361 or a combination thereof, that contributes to the historic preservation goals of Salt Lake City. 2362 All properties within a local historic district are subject to the regulations of Section 2363 21A.34.020 the H Historic Preservation Overlay District. 2364 2365 NONCONTRIBUTING STRUCTURE: A structure or site within the H Historic 2366 Preservation Overlay District that has been determined noncontributing through the 2367 process outlined in Section 21A.51.040, or an adopted historic resource survey, or 2368 59 LEGISLATIVE DRAFT Subsection 21A.34.020.D, and does not retain historic integrity. The major character 2369 defining features have been so altered as to make the historic form, materials or details 2370 indistinguishable and such alterations are irreversible. Noncontributing structures may 2371 also include those rated out of period, and therefore, they are not representative of a 2372 period of significance as identified in an adopted historic resource survey. 2373 PERIOD OF SIGNIFICANCE: The period of significance is the period when the historic 2374 events associated with a local historic district, thematic designation, or landmark site 2375 occurred. This period must reflect the dates associated with the property or site, or in the case 2376 of a district, the collection of properties within the district. A period of significance may be 2377 thousands of years (in the case of an archeological property), several years, or even a few 2378 days, depending on the duration of the event. There may be multiple periods of significance 2379 associated with a local historic district, thematic designation, or landmark site. 2380 THEMATIC DESIGNATION: A collection of individual sites, buildings, structures, or 2381 features designated by City Council pursuant to the provisions in Subsection 21A.51.030.A, 2382 which are contained in two (2) or more geographically separate areas that are united together 2383 by historical, architectural, or aesthetic characteristics and contribute to the historic 2384 preservation goals of Salt Lake City by protecting historical, architectural, or aesthetic 2385 interest or value. All properties within a thematic designation are subject to the regulations of 2386 Section 21A.34.020 the H Historic Preservation Overlay District. 2387 2388 WILLFUL NEGLECT: The intentional absence of routine maintenance and repair of a 2389 building over time. 2390 2391 SECTION 13. Amending the Consolidated Fee Schedule. That the section of the Salt 2392 Lake City consolidated fee schedule titled, “Zoning Fees” shall be and hereby is amended to read 2393 as follows: 2394 ZONING FEES For question regarding Zoning fees contact: 801.535.7700 Service Fee Additional Information Section Determination of Nonconforming Use $214 21A.38.025.4 Administrative Interpretation $71 Plus $61 per hour for research after the first hour 21A.12.040.A.6 Alley Vacation/Closure $285 Fee waiver available if adequate signatures are obtained. See also fee for required public notices (21A.10.010.E) 14.52.030. A.5 Alternative Parking Residential $428 21A.52.040 .A.3 Nonresidential $785 21A.52.040 .A.3 Amendments Master plan $1,070 Plus $121 per acre in excess of one acre. See also fee for required public notices (10.9a.204). Utah Code Annoted 10.9A.510 60 LEGISLATIVE DRAFT Zoning map amendment $1,142 Plus $121 per acre in excess of one acre. See also fee for required public notices (21A.10.010.E). 21A.50.040.B Zoning text amendment $1,142 See also fee for required public notices (21A.10.010.E) 21A.50.040.B Annexation $1,427 See also fee for required public notices (21A.10.010.E) Utah Code Annoted 10.2.401.5 Appeal of a Decision Administrative decision $285 See also fee for required public notices (21A.10.010.E) 21A.16.030.B Historic Landmark Commission $285 See also fee for required public notices (21A.10.010.E) 21A.16.030.B Planning Commission $285 See also fee for required public notices (21A.10.010.E) 21A.16.030.B Appearance Before the Zoning Enforcement Hearing Office First scheduled hearing No charge 21A.20.90 Second scheduled hearing $71 21A.20.90 Billboard Construction or Demolition including the demolition of a non-conforming billboard $285 21A.46.160.D.3 & 21A.46.160.L.2 Conditional Building and Site Design Review $856 Plus $121 per acre in excess of one acre. See also fee for required public notices (21A.10.010.E). 21A.59.070.B Conditional Use $856 See also fee for required public notices (21.A.10.010.E). 21A.54.060.C Condominium Preliminary $571 Plus $37 per unit. See also fee for required public notices (21.A.10.010.E). 20.56.40.B Final $428 Plus $24 per unit. 20.56.40.B Declaration of Surplus Real Property $428 2.58.040 Historic Landmarks Commission Review (Application) Major Alterations of a principal building $36 $100 See also fee for required public notices (21A.10.010.E) 21A.34.020 New construction of a principal building $285 $2,982 See also fee for required public notices (21A.10.010.E) 21A.34.020 Demolition of a contributing principal building $571 $2,406 See also fee for required public notices (21A.10.010.E) 21A.34.020 Relocation of a contributing principal building $285 $303 See also fee for required public notices (21A.10.010.E) 21A.34.020 Reduction to boundaries of the H Historic Pres. Overlay District $2,999 See also fee for required public notices (21A.10.010 E) 21A.51.050 Revocation of a Landmark Site $2,999 See also fee for required public notices (21A.10.010 E) 21A.51.050 Economic Hardship $2,050 Plus $200/hour up to $20,000. See also fee for required public notices (21A.10.010.E) 21A.34.020 Home Occupation Non-conditional No charge Fee could be assessed in future as per ordinance 21A.36.030 Conditional No charge Fee could be assessed in future as per ordinance 21A.36.030 Outdoor Dining Outdoor Dining Application $30 21A.40.065 Outdoor Dining Permit Fee (1-5 tables) $120 21A.40.065 Outdoor Dining Permit Fee (6 or more tables) $180 21A.40.065 Planned Development $856 Plus $121 per acre in excess of (1) acre. See also fee for required public notices (21A.10.010.E) 21A.55 Signs 61 LEGISLATIVE DRAFT Permit fee for signs Based on the adopted Building Permit Fee Schedule 21A.46.030 Plan checking fee $0.13 Of building permit value 21A.46.030 Inspection tag $14 21A.46.030 Site Development Permit $285 Plus $61 per acre in excess of one (1) acre 18.28.040.E Special Exception $285 For historic structures, see Section 21A.34.020 and 21A.46.070V. See also fee for required public notices 21A.10.010.E) 21A.52.040.A.3 Street Closure $428 See also fee for required public notices. 2.58.040 Subdivision Amendments $428 Plus $121 per lot. See also fee for required public notices (20.36) 20.04.120 Subdivision Preliminary Plat $428 Plus $121 per lot. See also fee for required public notices (20.36) 20.04.120 Subdivision Final Plat $856 Plus $121 per lot. 20.04.120 Subdivision Vacations $428 See also fee for required public notices (20.36) 20.04.120 Engineering Review and Inspection Fee 5% of the 1st $100,000 of public improvemen ts & 2% for the amount above $100,000 20.04.120 Subdivision Lot Line Adjustment $284 20.04.120 Subdivision Consolidating Lots $273 20.04.120 Temporary Uses $285 21A.42.060.B Zoning Variance $428 See also fee for required public notices (21A.10.010.E) 21A.18.040.B As per applicable sections of the Ccity and / or Sstate Ccode, a fee will be assessed for required public notices. This may include sending notice by 1st class U.S. Mail to property owners within a certain radius of the subject property and / or advertising required public hearings in a newspaper of general circulation. A fee for each required public hearing will be assessed. The noticing fee is authorized through the following sections of the Zzoning Oordinance and Sstate Llaw: Salt Lake City Code Subsection 21A.10.010.E and Utah State Code Annotated 10.9a.204 Section 10-9a-501. and 510 2395 2396 SECTION 14. Effective Date. This Ordinance shall become effective on the date of its 2397 first publication. 2398 Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 2399 2023. 2400 ______________________________ 2401 CHAIRPERSON 2402 ATTEST AND COUNTERSIGN: 2403 2404 ______________________________ 2405 62 LEGISLATIVE DRAFT CITY RECORDER 2406 2407 Transmitted to Mayor on _______________________. 2408 2409 2410 Mayor’s Action: _______Approved. _______Vetoed. 2411 2412 ______________________________ 2413 MAYOR 2414 ______________________________ 2415 CITY RECORDER 2416 (SEAL) 2417 2418 Bill No. ________ of 2023. 2419 Published: ______________. 2420 Ordinance amending H Historic Preservation Overlay District regs (legislative) 6.29.23 2421 2) PROJECT CHRONOLOGY Petition: PLNPCM2023-00123 February 8, 2023 Mayor Mendenhall initiated the petition for amendments to the H Historic Preservation Overlay District March 13, 2023 Notice emailed to all SLC registered recognized organizations including a draft of the proposed changes March 20, 2023 Information and a draft of the proposed changes was posted to the Planning Division’s Online Open House webpage April 17, 2023 Staff attended the Sugar House community council meeting to discuss the proposed text amendment and answer any questions from the community April 20, 2023 Historic Landmark Commission public hearing notices were posted on City and State websites and Planning Division listserv April 28, 2023 Staff Report posted online and sent to the Historic Landmark Commission May 3, 2023 Staff attended the Central City Neighborhood Council meeting to discuss the proposed text amendment and answer any questions from the community May 4, 2023 Historic Landmark Commission held a public hearing and forwarded a unanimous positive recommendation to City Council May 11, 2023 Planning Commission public hearing notices were posted on City and State websites and Planning Division listserv May 18, 2023 Staff Report posted online and sent to the Planning Commission May 24, 2023 Planning Commission held a public hearing and forwarded a unanimous positive recommendation to City Council May 30, 2023 Draft ordinance forwarded to the Attorney’s Office for review June 29, 2023 Revised draft ordinance sent to Attorney’s office for review (technical changes were made to the draft during the month of June) June 29, 2023 Final ordinance received from the Attorney’s Office June 30, 2023 Transmitted 3) NOTICE OF CITY COUNCIL HEARING NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering Petition PLNPCM2023-00123 – A petition initiated by Mayor Erin Mendenhall for a text amendment that would generally impact the H Historic Preservation Overlay District which applies to landmark sites or properties within a local historic district. The H Historic Preservation Overlay District also outlines process and standards for local historic designations, boundary adjustments, and revocation of local historic designation. The purpose of the proposed text amendments is to make the ordinance easier to use for applicants, property owners, staff, and the historic landmark commission in its administration, as well as create new processes for adopting and updating historic resource surveys. The proposed amendments involve multiple chapters of the zoning ordinance related to the H Historic Preservation Overlay District and changes would apply citywide. DATE: Date #1 and Date #2 TIME: 7:00 p.m. All persons interested and present will be given an opportunity to be heard in this matter. his meeting will be held via electronic means, while potentially also providing for an in person opportunity to attend or participate in the hearing at the City and County Building,located at 451 South State Street, Room 326, Salt Lake City, Utah. If you are interested in participating during the Public Hearing portion of the meeting, please visit the website www.slc.gov/council/virtual-meetings/ or call 801-535-7654 to obtain connection information. Comments may also be provided by calling the 24-Hour comment line at (801)535-7654 or sending an email to council.comments@slcgov.com. All comments received through any source are shared with the Council and added to the public record. If you have any questions relating to this proposal or would like to review the file, please call Amy Thompson at 801-535-7281 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday or via e-mail amy.thompson@slcgov.com People with disabilities may make requests for reasonable accommodation no later than 48 hours in advance in order to participate in this hearing. Please make requests at least two business days in advance. To make a request, please contact the City Council Office at council.comments@slcgov.com , 801-535- 7600, or relay service 711. 4) PETITION INITIATION 5) PUBLIC COMMENT RECEIVED AFTER PUBLICATION OF THE STAFF REPORT Caution: This is an external email. Please be cautious when clicking links or opening attachments. From:cindy cromer To:Thompson, Amy Subject:(EXTERNAL) comment to the Planning Commission re the Ordinance for Historic Preservation Date:Wednesday, May 24, 2023 3:35:14 PM I am addressing Section D, Historic Status Determination in the proposal. I failed in my effort to convince the Landmarks Commission that the process of changing the contributory or noncontributory status of a building in an historic district would have inadequate public participation under the proposal. There is no question that there is a robust public process for identifying the status during the survey process. Currently there is nothing specified in the adopted ordinance at all about changing the determination made in the survey. We do need a process adopted as ordinance. I am arguing that interested parties should reasonably be able to find out about reversing the previous public process. This proposal does not offer that. It is silent regarding notification. So I am going to walk to you through what I would have to do under this proposal to challenge a decision made by the Zoning Administrator about contributory status. I would not be notified of the request through the community council, as someone who had spoken at an initial public hearing, or as a nearby property owner. I would not be able to submit information prior to the Zoning Administrator's decision. I have no idea where to find the decision. The proposed ordinance specifies that the property owner and the members of the Landmarks Commission would be informed. The decision is "on file" in city records. I would have 10 days from the decision to file an appeal, which of course assumes that I could find out about the decision before the 10 days expired. I would have to establish standing and pay a fee to appeal a decision which could affect my investments in the Central City and Avenues Historic Districts significantly. My appeal would have to be based on very narrow requirements. The distinction between contributory and noncontributory buildings in local historic districts is the essence of the City's regulation of land use. To illustrate just how significant this authority is-An owner has the right to demolish a noncontributory structure but should expect to encounter significant obstacles if trying to demolish a contributory structure. The distinction between contributory and noncontributory structures is the core of land use regulation in historic districts.