HomeMy WebLinkAboutTransmittal - 8/8/2023ERIN MENDENHALL
Mayor
DEPARTMENT of COMMUNITY
and NEIGHBORHOODS
Blake Thomas
Director
CITY COUNCIL TRANSMITTAL
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Lisa Shaffer, Chief Administrative Officer
Date Received: 08/08/2023
Date sent to Council: 08/08/2023
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
am..t�pson(aslc og v.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.
SALT LAKE CITY CORPORATION
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P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005
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 MeetingVideo ideo (Click to Access)
PLANNING COMMISSION (PC) RECORDS (MAY 24, 2023):
a) PC A eg nda (Click to Access)
b) PC Staff Report (Click to Access Report)
c) PC Minutes (Click to Access)
d) PC Meeting (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
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 2 1 A 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 2 1 A 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:
SECTIONI. 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 2IA. 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.
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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. 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.
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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.0I0.020.B of the Salt Lake City Code (Zoning: General Application and Public
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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 2IA. 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
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(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;
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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
N.
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
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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.
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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;
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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
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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 fagade 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
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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.
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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;
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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
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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.
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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.
IN
(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
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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.
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:
I. 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,
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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
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(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:
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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
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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.
24
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 T 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 & Amending the text of Salt Lake City Code Subsection 21A.50.040.13 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
25
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
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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
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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. La 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. Lb and the date of the
last required signature.
W.
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 21 A.51.030.A.1.a
and 21A.51.030.A.Lb 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. Lb. 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
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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. La 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
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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 2IA. 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.
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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 2IA. 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.I La 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:
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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 2IA. 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 2IA. 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
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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
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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,
35
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
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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.
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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.
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 2IA. 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
2IA. 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
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(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:
.e
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 2IA. 62.040. That
Section 2IA. 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
41
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.
42
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.
43
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
I $71
Plus $61 per hour for research after the first hour
I 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
I $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.50.040.13
Zoning text amendment
$1,142
See also fee for required public notices (21A.10.010.E)
21A.50.040.13
Annexation
$1,427
Utah Code
See also fee for required public notices (21A.10.010.E) 10.2.401.5
Appeal of a Decision
Administrative decision
$285
See also fee for required public notices (21A.10.010.E)
21A.16.030.13
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.16.030.13
Appearance Before the Zoning Enforcement Hearing Office
First scheduled hearing
No charge
21A.20.90
Second scheduled hearing
Billboard Construction or Demolition including the
demolition of a non -conforming billboard
Conditional Buildingand Site Design Review
g
$71
21A.20.90
$285
21A.46.160.D.3 &
21A.46.160.L.2
$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.54.060.0
Condominium
PreliminaryPlus
$37 per unit. See also fee for required public notices
$571 (21.A.10.010.E).
20.56.40.B
Final
$428
Plus $24 per unit.
20.56.40.13
Declaration of Surplus Real Property
$428
2.58.040
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.
$2,999
See also fee for required public notices (21A.10.010 E)
21A.51.050
Overlay District
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
21A.34.020
public notices (21A.10.010.E)
Home Occupation
Non -conditional
No charge
Fee could be assessed in future as per ordinance
I 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
p
$856
Plus $121 per acre in excess of (1) acre. See also fee for
I
21A.55
required public notices (21A.10.010.E)
Signs
Based on
Permit fee for signs the adopted 21A.46.030
Building
Permit Fee
Schedule
Plan checking fee
I $0.13
Of building permit value
I 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
20.04.120
(20.36)
Subdivision Preliminary Plat
$428
Plus $121 per lot. See also fee for required public notices
20.04.120
(20.36)
Subdivision Final Plat
I $856
Plus $121 per lot.
I 20.04.120
Subdivision Vacations
$428
See also fee for required public notices (20.36)
20.04.120
5% of the
st
Engineering Review and Inspection Fee
$1001 00 of
20.04.120
public
improvemen
is & 2% for
the amount
above
$100 000
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
45
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
2023.
ATTEST AND COUNTERSIGN:
CITY RECORDER
Transmitted to Mayor on
Mayor's Action
CITY RECORDER
(SEAL)
CHAIRPERSON
Approved. Vetoed.
MAYOR
Bill No. of 2023.
Published:
Ordinance amending H Historic Preservation Overlay District regs (final) 6.29.23
io
day of
APPROVED AS TO FORM
Salt Lake City Attorney's Office
Date: June 29, 2023
By:
City Attorney
LEGISLATIVE DRAFT
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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 2 1 A 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 2 1 A 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:
1
LEGISLATIVE DRAFT
26 SECTIONI. Amending the text of Salt Lake City Code Section 21A.06.040. That
27 Section 21A.06.040 of the Salt Lake City Code (Zoning: Decision Making Bodies and Officials:
28 Appeals Hearing Officer) shall be, and hereby is amended to read as follows:
29 21A.06.040: APPEALS HEARING OFFICER:
30 A. Creation: The position of Aappeals Hhearing Oofficer is created pursuant to the enabling
31 authority granted by the Municipal Land Use, Development, and Management Act,
32 sSection 10-9a-701 of the Utah Code AGU.
33
34 B. Jurisdiction aAnd Authority: The Aappeals Hhearing Oofficer shall have the following
35 powers and duties in connection with the implementation of this title:
36
37 1. Hear and decide appeals from any administrative decision made by the Zzoning
38 Aadministrator in the administration or the enforcement of this title pursuant to the
39 procedures and standards set forth in EChapter 2IA. 16, "Appeals oOf Administrative
40 Decisions", of this title;
41
42 2. Authorize variances from the terms of this title pursuant to the procedures and
43 standards set forth in EChapter 21A.18, "Variances", of this title;
44
45 3. Hear and decide appeals of any .,am mist-- tive decision made by the Hhistoric
46 Llandmark Ecommission, or the planning director in the case of administrative
47 decisions, pursuant to the procedures and standards set forth in -sSection 21A.34.020,
48 "H Historic Preservation Overlay District", of this title;
49
50 4. Hear and decide appeals from decisions made by the P-planning Ecommission
51 concerning subdivisions or subdivision amendments pursuant to the procedures and
52 standards set forth in title 20, "Subdivisions aAnd Condominiums", of this Ccode;
53 and
54
55 5. Hear and decide appeals from administrative decisions made by the planning
56 commission pursuant to the procedures and standards set forth in this title.
57
58 C. Qualifications: The appeals hearing officer shall be appointed by the mayor with the
59 advice and consent of the city council. The mayor may appoint more than one appeals
60 hearing officer, but only one appeals hearing officer shall consider and decide upon any
61 matter properly presented for appeals hearing officer review. The appeals hearing officer
62 may serve a maximum of two (2) consecutive full terms of five (5) years each. The
63 appeals hearing officer shall either be law trained or have significant experience with
64 land use laws and the requirements and operations of administrative hearing processes.
:.
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LEGISLATIVE DRAFT
66 D. Conflict oOf Interest: The appeals hearing officer shall not participate in any appeal in
67 which the appeals hearing officer has a conflict of interest prohibited by tTitle
68 2, eChapter 2.44 of this code.
69
70 E. Removal oOf The Appeals Hearing Officer: The appeals hearing officer may be removed
71 by the mayor for violation of this title or any policies and procedures adopted by the
72 planning director following receipt by the mayor of a written complaint filed against the
73 appeals hearing officer. If requested by the appeals hearing officer, the mayor shall
74 provide the appeals hearing officer with a public hearing conducted by a hearing officer
75 appointed by the mayor.
76
77 SECTION 2. Amending the text of Salt Lake City Code Section 21A.06.050. That
78 Section 21A.06.050 of the Salt Lake City Code (Zoning: Decision Making Bodies and Officials:
79 Historic Landmark Commission) shall be, and hereby is amended to read as follows:
80 21A.06.050: HISTORIC LANDMARK COMMISSION:
81
82 A. General Provisions: The provisions of tTitle 2, eChapter 2.07 of this code shall apply to
83 the historic landmark commission except as otherwise set forth in this section.
84
85 B. Creation: The historic landmark commission was created pursuant to the enabling
86 authority granted by the hHistoric dDistrict aAct, sSection 11-18-1 et seq., of the Utah
87 Code Annotated, ' °G2 (repealed), and continues under the authority of Utah Code
88 Section 10-8-85.9 and the ILand tiUse dDevelopment and mManagement aAct, Utah
89 eCode eChapter 10-9a.
90
91 C. Jurisdiction Aand Authority: The historic landmark commission shall:
92
93 1. Review and approve or deny an application for a certificate of appropriateness
94 pursuant to the provisions of eChapter 21A.34 of this title;
95
96 2. Participate in public education programs to increase public awareness of the value of
97 historic, architectural and cultural preservation; Communicate the benefits of historic
98 preservation for the education, prosperity, and general welfare of residents, visitors
99 and tourists;
100
101 3. Review and approve or deny applications for the demolition of contributing principal
102 structures in the H hHistoric pPreservation eOverlay dDistrict pursuant to eChapter
103 21A.34 of this title;
104
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LEGISLATIVE DRAFT
105 4. Review designations, amendments to and boundaries of a local historic district,
106 thematic designation and landmark sites, and make a recommendation Reeoffiffien to
107 the planning commission and the city council;
109
110 5. Make recommendations when r-equested by the p the hearing
111 ^ffieer- ^r the eity eetmeil, as appropriate-, on applications for zoning amendments and
112 eenditional uses involving properties within the H hHistoric pPreservation 00verlay
113 dDistricts; when requested by the applicant, planning director, planning commission
114 or the city council;
115
116 6. Review and approve or deny certain modifications to dimensional standards for
117 properties located within an H Historic Preservation Overlay District. This authority
118 is also granted to the planning director or designee for applications within the H
119 Historic Preservation Overlay District that are eligible for an administrative appreval
120 decision by the planning director or zoning administrator. The certain modifications
121 to zoning district specific development standards are listed as follows and are in
122 addition to any modification authorized elsewhere in this title:
123
124 a. Overall building and accessory structure height;
125 ba. Building and accessory structure wall height;
126 b. iceesser-y stmeture wall height-;
127 c. Accessory structure square footage;
128 d. Fence and retaining wall height;
129 ;
130 e€ Signs pursuant to sSection 21A.46.070 of this title; and
131 fg. Any modification to bulk and lot regulations, except density, of the underlying
132 zoning district where it is found that the proposal complies with the applicable
133 standards identified in sSection 21A.34.020 and is compatible with the
134 surrounding historic structures..-;
135 7. Make recommendations to the planning commission in connection with the
136 preparation of the general plan of the city; aad
137
138 8. Make recommendations to the cEity cEouncil on design guidelines, policies and
139 ordinances that may encourage preservation of buildings and related structures of
140 historical and architectural significance...
141
142 9. Review historic resource surveys for designations and all subsequent updates and
143 make recommendations to the planning commission and the city council,
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LEGISLATIVE DRAFT
144
145
10. Review National Register of Historic Places nominations or amendments and make a
146
recommendation to the Utah Board of State History; and
147
148
11. Recommend to the city council development of incentive programs, either public or
149
private, to encourage eg the preservation of the city's historic resources.
150
151
D.
Membership: The Hhistoric Elandmark Ecommission shall consist of not less than seven
152
(7) nor more than eleven (11) voting members appointed in a manner providing balanced
153
geographic, professional, neighborhood and community interests representation. In
154
situations where a member resigns or is removed as prescribed in this code and adopted
155
policies and procedures and as a result, the number of members drops to less than seven
156
(7), the commission may still function until a 7th member is appointed. Appointment to a
157
position created by any vacancy shall not be included in the determination of any
158
person's eligibility to serve two (2) consecutive full terms.
159
160
E.
Qualifications 9of Members: Each voting member shall be a resident of the Ecity
161
interested in preservation and knowledgeable about the heritage of the Ecity. Members
162
shall be selected so as to ideally provide representation from the following groups of
163
experts and interested parties whenever a qualified candidate exists:
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165
1. At least two (2) architects, and
166
167
2. Citizens Residents at large possessing preservation related experience in archaeology,
168
architecture, architectural history, construction, history, folk studies, law, public
169
history, real estate, real estate appraisal, or urban planning.
170
171
F.
Meetings: The Hhistoric Elandmark Ecommission shall meet at least once per month or
172
as needed.
173
174
G.
Commission Action: A simple majority of the voting members present at a meeting at
175
which a quorum is present shall be required for any action taken. The , eeisie f the
176
Hister-ie Landmark Commission beeeme the the
shall eff-eetive "on posting of reeo
177
deeision..
178
179
H.
Public Hearings: The Hhistoric Elandmark Ecommission shall schedule and give public
180
notice of all public hearings pursuant to the provisions of eChapter 21A.10 of this title.
181
182
I.
Removal 9of Aa Member: Any member of the Hhistoric Elandmark Ecommission may
183
be removed by the Mmayor for violation of this title or any policies and procedures
184
adopted by the Hhistoric Elandmark Ecommission following receipt by the Mmayor of a
185
written complaint filed against the member.
"::
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LEGISLATIVE DRAFT
187 J. Policies aAnd Procedures: The 14historic L-landmark Gcommission shall adopt policies
188 and procedures for the conduct of its meetings, the processing of applications and for any
189 other purposes considered necessary for its proper functioning.
190
191 SECTION 3. Amending the text of Salt Lake City Code Subsection 21A.10.020.B. That
192 Subsection 21A.010.020.13 of the Salt Lake City Code (Zoning: General Application and Public
193 Hearing Procedures: Public Hearing Noticing Requirements: Special Noticing Requirements for
194 Administrative Approvals) shall be, and hereby is amended to read as follows:
195 B. Special Noticing Requirements f-For Administrative Approvals:
196
197 1. Notice Dof Application for Design Review:
198
199 a. Notification: At least twelve (12) days before a land use decision is made for an
200 administrative design review application as authorized in Chapter 21A.59 of this
201 title, the planning director shall provide written notice to the following:
202
203 (1) All owners and identifiable tenants of the subject property, land abutting the
204 subject property, and land located directly across the street from the subject
205 property. In identifying the owners and tenants of the land the city shall use
206 the Salt Lake City geographic information system records.
207 (2) Recognized community organization(s) in which the subject property is
208 located.
209
210 b. Contents of the Notice of Application: The notice shall generally describe the
211 subject matter of the application, where the public may review the application, the
212 expected date when the planning director will authorize a final land use decision,
213 and the procedures to appeal the land use decision.
214 c. End of Notification Period: If the planning director receives comments identifying
215 concerns related to the design review application not complying with the
216 requirements of Chapter 2IA. 59, the planning director may refer the matter to the
217 planning commission for their review and decision on the application.
218
219 2. Notice of Application for Demolition of a Noncontributing Principal Structure Within
220 An H Historic Preservation Overlay District: Prior to the approval of At least twelve
221
(12) days before a land use deeision is made on an appheation for- an administr-ative-
222 deeision fe a certificate of appropriateness for demolition of a noncontributing
223 principal structure, the city shall provide written notice by first class mail a minimum
224 of twelve (12) calendar days in advance of the requested action of the r-eqttest to
225 demelish the strdetufe a -ad to identify that a deteEminatien has been made that the
226 to
227 all owners of the land and tenants; of abutting_ properties and those properties across
228 the street from the subject property within eighty five feet (Qcn of the land subject t
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LEGISLATIVE DRAFT
229 the appli at as shown on the Salt Lake City geographic information system
230 records. , the planning dir-eeter- shall
231
232 the hiss, rie landmark ,
233
234 a. Contents of the Notice of Application: The mailing notice shall generally describe
235 the subject property, include a vicinity map, include a photograph of the
236 noncontributing structure, date of construction, historic status from the most
237 recent historic survey on file or from a historic status determination, where the
238 application can be inspected by the public, and the date when the planning
239 director will issue a certificate of appropriateness for demolition.
240
241 3. Notiee �'�lie-atien For- Speeial Exeeptiens: Prior -to the approval
.
243 title, the Planning Dir-eeter- shall pr-ovide written notiee by first elass mail a minimum
..
.6 owners and tenants of the land subjeet to the applieation, as shown on the Salt Lake
248 a. Contents Of The Mailing Netiee Of Appheatien! The netiee for- mailing shall
249 , the plaee where
250 appheation may be inspeeted by the piklie,
the da4e when the Planning Dir-eeteri-
251 , and inelttde the pr-eeediff
252 .
253
254 3. Notice oOf Application for TSA Development Reviews: Prior to the approval of a
255 development review score as authorized in Section 21A.26.078 of this title, the
256 planning director shall provide written notice by first class mail a minimum of twelve
257 (12) days in advance of the requested action to all abutting properties and those
258 properties located across the street from the subject property, and to all property
259 owners and tenants of the land subject to the application, as shown on the Salt Lake
260 City geographic information system records.
261
a. Contents oOf tThe Mailing Notice oOf Application: The notice for mailing shall
262
generally describe the subject matter of the application, the place where such
263
application may be inspected by the public, the date when the planning director
264
will authorize a final administrative decision, and include the procedures to appeal
265
an administrative decision set forth in Chapter 21A.16 of this title.
266
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LEGISLATIVE DRAFT
267 SECTION 4. Amending the text of Salt Lake City Code Section 21A.34.020. That
268 Section 21A.34.020 of the Salt Lake City Code (Zoning: Overlay Districts: H Historic
269 Preservation Overlay District) shall be, and hereby is amended to read as follows:
270 21A.34.020: H HISTORIC PRESERVATION OVERLAY DISTRICT:
271
272
A.
Purpose Statement
273
B.
Applicability
274
C.
Local Historic Designation, Amendments or Revocation
275
D.
Historic Status Determination
276
E.
Certificate of Appropriateness Required
277
F.
Procedures for Issuance of a Certificate of Appropriateness
278
G.
Standards for Alteration of a Landmark Site, Contributing Structure or New
279
Construction of an Accessory Structure
280
H.
Standards for New Construction or Alteration of a Noncontributing Structure
281
I.
Standards for Relocation
282
J.
Standards for Demolition of a Landmark Site
283
K.
Standards for Demolition of a Contributing Principal Building
284
L.
Economic Hardship Determination
285
286
287
A.
Purpose Statement:
288
289
In order to contribute to the welfare, prosperity and education of the people of Salt Lake City,
290
the
purpose of the H Historic Preservation Overlay District is to:
291
292
1. Provide the means to protect and preserve areas of the Ecity and individual structures
293
and sites having historic, architectural or cultural significance;
294
295
2. Provide the means to manage alterations to historic structures to encourage beneficial
296
use and viability of the building while protecting an individual building's contributing
297
status.
298
299
3-2. Encourage new development, and redevelopment and the sA, ivisie of properties
300
lots i 14isto,-ie Dist iets- that is compatible with the character of existing development
301
of Hhistoric Ddistricts or individual landmarks;
302
303
4-3. Abate the destruction and demolition of historic structures;
304
305
54. Implement adopted plans of the Ecity related to historic preservation;
306
307
65. Foster civic pride in the history of Salt Lake City;
N.
LEGISLATIVE DRAFT
309 76. Protect and enhance the attraction of the Ecity's historic landmarks and districts for
310 tourists and visitors;
311
312 8-7. Foster economic development consistent with historic preservation; and
313
314 99. Encourage social, economic and environmental sustainability.
315
316 B. Definitions:
W.
LEGISLATIVE DRAFT
.9 2.rtisrs tee!*seerr e�:r�!ss rs:�e�esr.�rr�e!rsr�asrrsr
1
351 eompletion of the Utah State 14istor-ie •
352 LANDMARK Register-'
esotwees
355
356
LOCAL357 •• DISTRICT!
358 - - ' Over -lay Pistr-iet designated by the City Couneil pufsua*t to the
btfildin
.1 _
•
NEW •. •. The Wilding of pal building within the - Histerie-
363
365 Over -lay Dis4iet that dees not meet the er-iter-ia listed in s4seetien C 15 ef this seetien. The
•• !har-aeter- defining featufes hwve been so altered as to make the original and/or- hister-ie
367 - `
•:
69 THEMATIC DESIGNATION:
1 f�atufes w-hieh are eontained in two (2) or- more geogr-aphieally separate areas that are unit
372 pr-esefvation goals of Salt Lake City by pr-oteeting histor-ieal, ar-ehiteetur-al, or- aesthetie
373 interest or- value.
374
375 building or ffne
376 B. Applicability: All properties located within the boundaries of a local historic district, part
377 of a thematic designation, or designated as a landmark site are subject to the requirements
378 of this chapter.
379
380 1. Applicable Standards: The applicable standards of this chapter are determined by the
381 historic status ratingof f the property, either contributing or noncontributing, as
382 identified in the most recent historic resource survey on file with the Salt Lake City
383 Planning Division or a historic status determination issued in accordance with
384 Subsection 21A.34.020.D.
385
386 C. Local Historic Designation, Amendments, or Revocation: Local Historic Designation,
387 Adjustment, Expansion, or Revocation oOf aA Landmark Site, Local Historic District
388 oOr Thematic Designation shall follow the applicable procedures and standards in
10
LEGISLATIVE DRAFT
389 Chapter 21A.51 Local Historic Designation and Amendments.; a u;��,,;
390 Over -lay Dist iet:
391
392 , or- thematie
393 designation in order- to pr-oteet the best examples of hister-ie r-esomfees whieh r-epr-ese
394 ,
395
396 City and aehieve a r-easenable balance between private pr-opeft-f rights and the publie
397 , and ar-ehiteeter-al heritage. The City
398 Cotmeil shall detefmine that designatien of a landmark site,
399
400
402 ,
403
404 for- general amendments in seetion 21A.50.050 of this title the Givy Goeneil may b
405 .
406 a. Designate as a landmafk site an individual building,
407 integrated group of buildings, stmettifes or- features on a single lot or- site having
408 exeepttenal imporance-te the City, State, region rer- Nation and impaft hig13
409 aftistie,
410 ,
411 b. Designate as a loeal histor-ie distr-iet a eontiguous area with a minimum distr-ie
412 "
413 ,
414 ,
416 ,
417
418 , or- aesthetie ebar-aeter-isties an
419
420 meter-ieal-ar-ehiteeter- 1, or «thetie inter-estor- value; ate
421
422 sites to .,l hiss r-ie distr-ietor- tl,v,V,atie deli Ana ion.
423 3. Pr-eapplieation Confer-enee: Prior- to the submittal of an applieation for- the designati
424 ,
425 ,
426 a potential applieant shall attend a -pr-eap-plieatie eenfier-enee with e Pla*aing
427 ;ireeter-orflesigneeThe " Tose of thismeetixg is to diseuss the er-its o-�tl}e
428 .
429
430
11
LEGISLATIVE DRAFT
432 (s), the City shall sefid by first class mail a neutral informational pamphlet
..
435 the pr-oeess to er-eate a loeal histor-ie distfiet and will also list the pr-os and eons of -a
436 leeal hister-ie dis4iet. The infefmatienal pamphlet shall be mailed after- a potential
437 appliea-PA submits to the City a finalized proposed botmdar-y of an area to be ifieludeA
438 in the - -
439 pamphlet, pr-opefty own i- I gather-ing may begin per- subseetion C5b of this
440 seetion. The infofmational pamphlet sent shall remain valid for- nine:�y (90) days. if a
441 appliea4ion is not filed with the City within ainevy (90) days after- the da4e tha4 thee
442 infefmatienal pamphlet was mailed, the City shall elese its file on the fnat4en Any
..
Designation:444 5. Petition Initiation For- Designation Of A handmaf-k Site, boeal 14istor-ie Distfiet Of
46 a. Petition Initiation - - - ' Over -lay
447 Any evffier- of pr-opefty proposed fer- a !a-nd-mark site, the Mayer- er- the City
448 Couneil, by majority vote, may initiate a petition to eonsider- the designation of
„ • landmark site.
450 ;
451 Dist iet n,. -rt,v,...,atie Designation.: n p ei4y owner- initiating stieh a petition
452 °
453 the r pe ft , owners of lotsor- par -eels within , the proposed b,,,,,,a, r-ies f a e t
454 be ineluded in the 14 14ister-ie Pr-esefvation Over -lay Distfiet. The Mayor- or the
455 City Couneil, by a majority vote, may initiate a petition to eensider- designatio
456
457 For r„T yes -of this subseEtion, a lot e eel of re efty may not be
458
460 .
461
462 thi y three pe en4 (331, ) regardless f the „ ,.. -ber- f .,.t,ner- sr.,tufes
463 .
464 (3) Signatures ebtaified to demonstrate suppoft of more than thifty thfee per-eent.
465 (33%) of the pr-opei4y owners within the boundafy of the proposed loeal
466 hister-ie distr-iet er- thematie designatien must be gathered within a period ef
467 . - ty (90) days as eou*ted between the date that the infofmational pamphle
468 was mailed as r-equir-ed per- sibseetien G4 of this seetien and the date of
469 last required tur-e
470 e. Fees: No a plieatio fee will be required for- a petition initiated by a prope
471owner- f^,. designation of ., p pefty t the a 14isto,-ie Preservation Oye fi,,.,
472 Dis4iet.
12
LEGISLATIVE DRAFT
-
,474
,1,78 event that fie applieation is r-eeeived following the ninety (90) day period of pr-epef.t.y
479 tefe gathering, the City will send a letter- to pr-opefty owfier-(s�4r-eeor-d
4,80 stating that no applieation has been filed, and that the C4y has elesed its file on the
481 f n !,,,
' '- _ the initiation of a petit
483
484 Planning Pir-eetor- shall stibmit a report based on the following eonsider-ations to the
486 a. Whether- a euffent sufvey meeting the standards pr-eser-ibed by the State 14istor-ie
•
7 Pr-esefvatien Offiee is available for- the landmark site er- the area proposed fer-
489 the r-epet4 shall propose a s4ategy to gather- the needed sufvey data.
4•,
491 whether- there is suffieient Amding and staff r-esoufees available to allow the
493 analysis and to provide ongoing adfninistr-ation of the new landmaf-k site, loeal
i
496 budget.
497 e. Whether- the proposed designation is generally eonsistent with the pufposes, goals-,
i•8 ebjeetives and polieies of the City as stated thr-ettgh its var-ietts adepted planning
499 !1 �71i� \4llT
500 d. l"ether- the proposed designation would generally be in the publie inter-est.
501 e. Whether- there is probable eause to believe tha4 the proposed landmaf-k site, loeal
503 with the puToses and designation er-iter-ia in subseetion C15 of this seeti on an',
504 the zoning map amendment er-iteria in seetion
♦.50.050, "Standard
_
505 General Amendments", of this ti4e-.
1Ver-ifieatien that a net4fal informational pamphlet was sent sttbseetien , of
507 this seetion to all pr-opei4y owners within a proposed loeal histor-ie dis
1 •
' • . 1 I Following
510 and aeeeptanee of the r-epot4 by the City Cottneil, the Planning Division will eonduet
513 designation abet4 the following:
13
LEGISLATIVE DRAFT
514 a. The designation pr-eeess, ineluding dete., ini the level ofpr-opet4y
515 support, the public h g. is, and final decision making pr-eeess by the Cit.�,
516 Council —and
517
518 , the design
519 0for-alterations and new „stm t; .,, the lo,., .utI- � o ra the
520 ic hardship
521 9. Open House: Following the pr-opet4y owner- meeting, the Pl.,,-.,-.ing Division it
522
523
525
526
527 , the His
528 La-admar-k Commission shall hold a piiblie heafing and review the r-equest by
529 applying stibseetionC15 "Standards For- T�esignation Of A ba-ndmafkSite,
530 ", of this seetieft. Following the
531 ,
532 1 with modifieations or- denial of the proposed designation and shall the
533 .
534
535 Commission, the Planning Commission shall hold ., „blie l,o.,,-ing .,,-..a shall
536 o r a approval, approval with Y,-,od fieat ons or- denial l of the propose l
537 designation based on the standards of section 21 n 5n 050 of this title,
538 .
539
540 a. Following the eempletion of the 14ister-ie handmafk Commission and Planning
541 Commission pttblie hearings, the ! it-, will deliver propertyowfier-opinion ballets
542 via first ells mail •1 r r.e4y owners of r-eeor.l within the 1.,,, ndaf , f ,
543
544 „ ballet ; a nonbinding opinion poll to info,-,v. the City G.,,,, ei of pr-o e k.
545
546 individual pr-opeAy i the proposed desig,,atio,, boundary, regardless of the
547 , will r-eeeive one pr-ope
548 " ballet.
549 '--A pr-oPet4y owner- is eligible to vote regardless owhether- ef not thepfopeity
550 nor ; individual, a private-ent4y, or- a pttblie enter;
551 (2) T
552
553
554 or- area; o
14
LEGISLATIVE DRAFT
555 (u) if the par -eel , „t ins a „a,,,.,;,,;,,,., Peet eaeh unit within the
556 botmdar-ies of the proposed local historic distriet or area; and
557 , the M-imieipality shall
558 eotin4 a pr-opefty owner- opinion ballot for- the par -eel or-„;t only if the
559
560 own at least fifty per-eent (50%) interest in the par -eel or- tinit.
561 t, n,.,,, e fty owner-s e f record will have thifty (zm days f ,,,V, the postmark date e f t�,o
562 o,-t., o r ballot t s„L.,..,;t a response t the r;t„ indie,,ting the
563 '
564 e. A letter- shall be mailed te all pr-opefty owner-s within the proposed loeal histor-ie
565 distfiet or- thematie designation whose pr-opet4y owner- opinion ballot has not bee
566 .
567 follow ,,p letter will v e the p pe ft„ owners t submit a pr-ope ft„ ownef
568 . . . ballot prior- to the thifty (30) day deadline date set by the mailing of the
569 first r rei4y owner- opinion ballot,
570 12. Nvtifie-at3en Of Pr-opr Balloting Resets. Followingthe p4lie
571 , the City will send netiee of the r-estilts
572 ,
573
574
575
576 pr-opei4y em . . . . pr-oeess, the City Couneil shall hold a publie hearing to
577 ,
578
579 a. Designation Landmafk Site: The Council may, by a majority vote,
580 designate a landmark site.
581 b. Designation Of A�beeal 14t=er-ie Distr-iet Or- Tnematie Designutie
582 if pei4n r ballots r-ewmed equals a4 least tw"hif�-3)
583 , and r-epr-esefits
584 e thati rift„ per-ee t (50%) of the par -eels and units (i the ease f
585 ,
586 thema4ie designa4ion,
587 a tho„.,.,tie distr t by a simple majority vote.
588
589
590 threshold identified ; „bseetio r, 3b( ) of this seetio the City r,,u
591 may only designate a leeal histerie dis4iet, area,
592 affifmative vote oftwothin- s
594 opposition is equal,
595 dirt,-ietor- view,atie dirt,-iet by a super- major-ity vote.
15
LEGISLATIVE DRAFT
596 e. Following Designation: Following City Gotincndesignation of a 1.,,.rlfnaflsite,
597 local historic ,1;s4iet or fL,emE, tie designation, 11 ,' 11,o ,. - y leeated within th-e
598
599 . . -n--s of this seetion. The zoning regulations will go inte effeet en the date eff
600 the publieMion of the or-dinanee tmiess other -wise noted on the adoption or-dinanee,
601 14. Notiee n� gamer: Within thirty «m days following the desig,,atio,, f ,
602 , the C4y shali provide
603 notiee of the aetion to all owners of property within the botindar-ies of the 14 14istor-ie
604 ,
605
the Cou-pAy Reeor-der- for- all lots or- par -eels within the area added to the 14 14istor-ie-
606 .
607 15. Standards ior T�esign-atien Of A�hancmfkSite, hoeal 14ter-ie Distr-iet Of
608 , fe
609 , or- for- thematie designation shall be evaluate
610
611 ,
612 ereultur-e, asseeiated with at least one of the following:
613 Events that have made signifieant eentr-ibution te the impet4ant patterns o
614 history,
615 !i Lives of er-sens signif4eatit in the " te��-vF City,region,State, o
616 N
617 ;
619
620 Salt hake City;
621 ,
622 feeling and asseeiatien as defined by the National Park Sef-viee fer- the Natienal
623 Register- fu;ster-i. Dlaees.
624 , or- is eligible
625 te be listed on the Na4ional Registef of Histefie Plaees;
626 d. The proposed loeal histor-ie distr-iet eentains notable examples of elements of th-e
628 loeal List. -;e distfiets within Salt Take City;
629 e. The designation is censistentwith adopted planning policies; anc
630 f T�esignatio „l.l be in the over-all pttblie inter-est.
631 16. FaEter-s Te-der-: The following faeters may be considered by the Historic
632 bandmafk Commission and the City Couneil to help detefmine whether- the pr-opoSeA
633 designation ef a landmark site,
634 ,.;tor; listed above.:
16
LEGISLATIVE DRAFT
635 a. Sites should be of stieh an age whieh wotild allow insight into whether- a pr-opeft-Y
636 is ffieieftly impertantinthe over-all history o-fthe conm,.,tm4y. T,,,.;,,a,,y this ;
637 at least fifty (cm years bu4 , „la be loss if the property has o epti ,,,
638
639 b. Whether- the proposed leeal histerie dis4iet eentains examples of elements of the
640 ,
641 proteeted by then local hiss r this -lets within the City.
642 e. Whether- designation of the proposed loeal histor-ie distr-iet would add impol4
643 , developmen
644 pattems .,ray,,, ,.ehito,.twe
645(751%) of the stfuetur-es within thee
646 proposed boundaries are rated as eentr-ibuting stmetffes by the most r-eeent
647 applieable hiss r-ie
648 17. Boundaries Of A Proposed handmar4 Site: M4:ien applying the evaluation er-ite
649 sibseetion C 15 of this seetion, the botmdafies of a kndmar-k site shall be drawn to
650 ,
651 .
652 18. Boundaries of n n,.,,r sebeeal 14ister-ie Dist6et. When applying the evaluatien
653 , the boundafies shall be drawn to ensure the
•
hist_
657 b. Coineides with doeumen4ed histor-ie boundaries sueh as early roadways, eanals,
• eor-. Goineides with logiealr-efleet
••1
16l d. Contains nophistor-ie r-esotwees or- vaeant land only where neeessar-y to er-eate-
,162
163 19. Boundaries Of Designation:••
165 designation eontains a eolleetion of sites, buildings, stfuetwes, or- featufes that ar-e-
,166
•• City by pr-oteeting histor-ie4,
-
••:
,169 D. The Adjtistmeat Or- Expansion Of Boundaries Of An 14 Hister-ie Preservation Oved
• ' - -
0 . • ■
6,73 shall be the same as tha outlined in suboWetiO.". C of this seetion,
17
LEGISLATIVE DRAFT
- -
■
6,79
•:1 siibseqttent to the Historic.:
182 b. Additional infeEmation indieates that the properties do net eemply with the
.: - - Over -lay
or.-
185 e. Additional information indieates that the inclusion of additional properties woul
.:. - Historic-
4,87Over-lay ■
.::
•'1 �'Ca ilpio-11W.M.N.W1
Nm
695
696 beeatise the qualities that ea -used it to be originally designated have been lost o
697 ;
698 b. Additional infofmation indieates that the landfnafk site does not eoni-ply with th
699
700 0�ff
701
702 impeftanee te the City, State, r-egien or- Nat'
703 D. Historic Status Determination:
704
705 1. Purpose: Historic status determinations are to address the historic status of individual
706 structures within a local historic district on a case -by -case basis through robust review
707 of documentation in order to render a timely decision on the historic status for
708 circumstances outlined below.
709
710 2. Applicability: Historic status determinations may be rendered for properties within an
711 existing local historic district using the considerations in Subsection 21A.34.020.D.7
712 to determine whether they are contributing or noncontributing to the local historic
713 district for the following:
714
LEGISLATIVE DRAFT
715 a. Unrated Properties: Properties that were inadvertently missed in a survey or not
716 given a historic status rating;
717
718 b. Incorrectly Rated Properties: Properties that may have been given an incorrect
719 status rating in a survey;
720
721 3. Authority: Historic status determinations shall be made by the zoning administrator in
722 the form of an administrative interpretation.
723
724 4. Persons Entitled to Seek Historic Status Determinations: Application for a historic
725 status determination may be made by the owner of the subject property or the owner's
726 authorized agent. The planning director may also initiate a petition for a historic
727 status determination.
728
729 5. Limitations: A historic status determination shall not:
NAME
731 a. Change the boundaries of the local historic district;
732 b. Be issued for landmark sites;
733 c. Be issued for structures that are not within period of significance in an adopted
734 historic resource survey.
735
736 6. Application for Historic Status Determination: An administrative interpretation
737 application may be made to the zoning administrator on a form provided, which shall
738 include at least the following information, unless deemed unnecessary by the zoning
739 administrator:
740
741
a. The applicant's name, address, telephone number, e-mail address and interest in
742
the subject property. The owner's name, address and telephone number, if
743
different than the applicant, and the owner's signed consent to the filingof the
744
application;
745
b. The street address, legal description and tax number of the subject property;
746
c. Current and historic photographs;
747
d. Any historic resource surveys and reports on record in the Planning Division or
748
the Utah State Historic Preservation Office;
749
e. Description of any alterations to the structure and the date of approval for any
750
alterations;
751
f. The historic status ratingthe he applicant believes to be correct. When the request is
752
to change the historic status rating the applicant shall state in the application the
753
reason(s) the existing historic rating is incorrect and why it should be changed
754
based on the considerations in Subsection 21A.34.020.D.7, or provide an
755
intensive level historic resource survey conducted in accordance with the Utah
756
State Preservation Office standards for buildingsurveys urveys addressing the
19
LEGISLATIVE DRAFT
757 considerations in Subsection 21A.34.020.D.7 for analysis the zoning
758 administrator.
759
760 g_ Any other information the zoning administrator deems necessary for a full and
761 proper consideration of the particular application.
762
763 7. Considerations for Historic Status Determinations: A historic status determination
764 may include the following considerations:
765
766 a. Whether alterations that have occurred are _ generally reversible.
767 b. Whether the building contributes to an understanding of a period of significance
768 of a neighborhood, community, or area.
769 c. Whether or not the building retains historic integrity in terms of location, design,
770 setting, materials, workmanship, feeling and association as defined in Section
771 21A.62.040. The analysis shall take into consideration how the building reflects
772 the historical or architectural merits of the overall local historic district in which
773 the resource is located. When analyzing historic integrity of a building as part of a
774 local historic district, the collective historic value of the buildings and structures
775 in a local historic district taken together may be greater than the historic value of
776 each individual building or structure in a district.
777 8. Decision: Written findings documenting the historic status determination shall be sent
778 to the applicant and members of the historic landmark commission and kept on file in
779 city records.
780
781 9. Updating Records: If the historic status determination is different than the property
782 historic rating in the most recent historic resource survey, the determination will
783 stand, and the city's gpplicable historic resource survey(s) will be updated to reflect
784 the determination.
785
786 10. Appeal of Decision: Any person adversely affected by a final decision made by the
787 zoning administrator interpreting a provision of this title may appeal to the appeals
788 hearing officer in accordance with the provisions of Chapter 21A.16 of this title.
789
790 E. Certificate oOf Appropriateness Required: After- the establishment of an 14 Histe,:
791 No alteration in the
792 exterior appearance of a structure, site, or object ,.,erk of a affecting
the landm-arfl.E-
793 she er a property within the H Historic Preservation Overlay District shall be made Of
794 until the an application for a certificate of appropriateness
795 is has been submitted to, an approved by, the Hhistoric Mandmark Ecommission, or
796 administratively by the P-planning Ddirector, as applicable, pursuant to sSubsection F of
797 this section. Gei4ifieates of appr-epriateness shall be required
798
20
LEGISLATIVE DRAFT
799
1. A certificate of appropriateness shall be required for all of the following:
800
A.
Any exterior alteration to the property or any structure on the property unless
801
specifically exeMpted under Subsection 21A.34.020.E.2; eenstrdetion needing -a
802
btti ding ro,. it;
803
b-2.
New construction; Removal an ,-epl ,.o,. en4or- alteration f ar- hite,.t,,fa
804
;
805
c-3.
Relocation of a structure or object on the same site or to another site;
806
d4.
Demolition; Const etio„ of additions ^r deeks•
807
5. Alteration
or- sentmetten of aeeesser-y stfuetur-es, sReh as gar -ages, ete.;
808
,'
809
810
7. Constfuetion
or alteration of pek
811
,
812
ehemieal
el ' ;
813
,
814
walls,
paving and gading-,
815
;
816
;
817
12. New
,. rstfuetion; an
818
13. installation
of f o window or- doo
819
2. Exemptions: The following are exempt from obtaining a Certificate of
820
Appropriateness:
821
822
a.
Installation of storm windows;
823
b.
Landscapin that:
hat:
824
825
(1) Complies with the standards of this title;
826
(2) Does not include a wall fence or grade changes; and
827
(3) Is not an attribute that is a character defining feature of the property or
828
streetscape;
829
830
c.
Painting of surfaces that does not include unpainted stone, brick or cement;
831
832
d.
Plaques, boxes, and other similar objects that measure 18 inches or less in any
833
dimension, contain no electrical components, and are attached to exterior finish
834
material or mounted through mortar ioints when on a masonry wall:
M
21
LEGISLATIVE DRAFT
836 e. Electrical,_ gas, or water meters or outlets, including electric vehicle charging
837 outlets, that are in a location that is not visible from the public right of way;.
838
839 f. Heating, ventilation and air conditioning systems that do not require new conduit
840 and are not visible from the public right of way; and
841
842 R. Solar energy collection systems meeting the priority locations outlined in
843 Subsections 21A.40.190.B.3.a through 21A.40.190.B.3.c.
844
845 F. Procedure Ffor Issuance oOf Certificate oOf Appropriateness:
846
847 1. Administrative Authority Win: The following may be decided by the planning
848 director or designee: Gei4 i tvBes f,.onstmetio,, or demolition ,M be aoa
852 a. {}Minor alteration of or addition to a landmark site or contributing site—, building;
853 for structure;
854 b. (Alteration of or addition to a noncontributing site —building or structure;
855 c. (Partial demolition of either a landmark site or a contributing principal building
856 or structure;
857 d(4) Demolition of an accessory building or structure; and
858 e. (5) Demolition of a noncontributing building or structure_
:•1
861
862 shall be made on pir-eeto and shall
863 be submitted to the Planning Division. The Planning Dir-eeter- shall make
:•
•appheatien_
:.
:.:
:•'
1
872 d. Feest No appheation fee will be r-equir-ed for- a eeftifieate of appropriateness that i-S
i e. Notiee Of _or- D. • •
875 Structure: An appheatien for- demolition ef a neneentfibuting building or- stmetu
22
LEGISLATIVE DRAFT
• of this title. The applieant shall be r-espensible for -payment of all fees
• of this tit,
• fl. Standards Of
iil standards set fefth in s4seetions 6 and -
881 g. Review And Deeision By The Plafming Dir-eetor-: On the basis of written findings
••
2 of fact, the Planning Dir-eeter- or- the Planning Dir-eeter-'s designee shall either-
••
884 -
ii •
ii• ■ -effeetive at the time the deeisien is made.
•• Refeffal Of Appheatien By Planning ■
•8• Commission: The Planning ■
ii•
;•'ehangeor-_
;• Over -lay ■
893 meet the standards of review. I
894 2. Historic Landmark Commission Authority: The following re���
895 eenstmetien, ao,.v elitie a -a releea : ,,, shall only be decided appreved by the
896 Hhistoric Elandmark Ecommission .
897
898 a. Types Of Genstmetien.: The following shall be reviewed by the Histe
899 bandmafk Gommis&iew.
900
a.
{)Substantial alteration or addition to a landmark site or contributing site,
901
building, and/or structure;
902
903
b.
(-2) New construction of principal building in the H Historic Preservation Overlay
904
District;
905
906
c.
(-3) Relocation of landmark site or contributing principal building;
907
908
d.
(4) Demolition of landmark site or contributing principal building;
909
910
e.
Economic hardship determination; and
911
912
f.
{5} Applications referred by the P-planning Ddirector.;
913
and
914
915
(6) installation of solar- energyeoneetten systems on the 4on4 faeadcfthe
916
1,ipal Wilding in a leeation most eempatible with the ehafaeter- defining
917
ro^t,,,.os fthe home p rt t seet o 2 n 40 ion of this title
23
LEGISLATIVE DRAFT
918 3h. Submission oOf Application: An application for a certificate of appropriateness shall
919 be made on an application form prepared by the zoning administrator and
920 accompanied by applicable fees as noted in the Salt Lake City consolidated fee
921 schedule. The applicant shall also be responsible for payment of all mailing fees
922 established for required public noticing. tlxireEtergx�dall
923 be stibmitted to the Planning Division. The Planning Dir-eeter- shall ma
924 _, and shall
925 f ,.ward the application f review and deeisie The procedure f r a .Blatt,,,
926 a eei4ifieate of appropriateness shall be the same as speeified in stibseetion F 1 b of this
927 fir.
928 a. General Application Requirements: A complete application shall include the
929 following unless deemed unnecessary by the zoning administrator:
930
931 The applicant's name, address, telephone number, e-mail address and interest
932 in the subject property;
933
934 (2) The owner's name, address and telephone number, if different than the
935 applicant, and the owner's signed consent to the filing of the application;
936
937 (3) The street address and legal description of the subject property;
938
939 (4) A narrative including a complete description of the project and how it meets
940 review standards with citation of supporting adopted city design guidelines;
941
942 (5) Current and historic photographs of the property
01K,
944
(6)
A site plan or drawing drawn to a scale which includes the following
945
information: property lines, lot dimensions, topography, adjacent streets,
946
alleys and walkways, landscaping and buffers, existing and proposed
947
buildings and structures, lot coverage, grade changes, parking spaces, trash
948
receptacles, drainage features, proposed setbacks and other details required for
949
project evaluation;
950
951
(7)
Elevation drawings and details for all impacted facades;
952
953
Illustrative photos and or samples of all proposed fagade materials;
954
955
(9)
Building, wall, and window section drawings;
956
957
10
Any further information or documentation as the zoning administrator deems
958
necessary in order to fully consider and analyze the application.
959
960
b. New Construction Application Requirements: In addition to the general
961
application
requirements listed above, applications for new construction of a
24
LEGISLATIVE DRAFT
962 primary structure shall include the following unless deemed unnecessary by th
963 zoning administrator:
964 e. Fees: The appheation shall be aeeeffipanied by the appheable fees shown on th
965 Salt hake City eensolidated fee sehedule. The applieant shall also be r-espensibil
966 for- pay -meat of all fees established for- providing the pttblie netiee r-equir-e
967 by ,.haetor 2 i A. 10 of this title
. �,� e3�se� e3.eei �•sssr�: ��,tees!�.e�s� erss:�sse!zs!s� errs:re!�s:� ■!'sue*: rsers .
• . _.
•
072 MV&%W*g i. f •O�V�
973 , e mail address and inter-est.
974 in the subjeet pr-epei4y;
975 (2) The e, address and telephone number-,'�nferen4than the
976 ;
977 (3`-The street -address
�-a�nd legalc�iptionoftl�e��eetprepe�
978 (4) A -•,tiye ineludi ig a complete icseription of tleprvjeet andhow it mee s-
979 ;
980 {-5}A context plan showing property lines, building footprints, front yard
981 setbacks, adjacent streets and alleys, historic district boundaries,
982 contributing/noncontributing structures and landmark sites;
983
984 (0 A streetscape study which includes height measurements for each primary
985 structure on the block face;
• ; 6
':: _ and propose
':'
M r-eeeptaeles, drainage fea4ttr-es, proposed setbaeks and other- details required fo
..
.92 (9) Elevation drawings and details for- all faeades-;
.93 (9) 111tistr-ative photos and/or- samples of all proposed faeade fnater-ials-;
..,
(10) Building, wall, and window seetion dr-
995 (3) " Renderings 3P models that show the new construction in relation to
996 neighboring buildings; and
997 (4) (-t� Renderings 3P models that show the new construction from the
998 pedestrian perspective_;; ail
1000 .
25
LEGISLATIVE DRAFT
1001 4e. Notice: Applications for a certificate of appropriateness are subject to the notification
1002 requirements of Chapter 2.60 of this code.
1003 2 1 A. ofthis title. An application for a certificate of appropriateness for demolition
1004 of a noncontributing building or structure shall require notice pursuant to Chapter
1005 21A.10 of this title. The applicant shall be responsible for payment of all fees
1006 established for providing the public notice required by Chapters 2.60 and 21A.10 of
1007 this title.
1008
1009 .
1010 5g. Standards for Approval: T4+e A_applications for a certificate of appropriateness shall
1011 be reviewed according to the standards set forth in &Subsections G through HL, of this
1012 section, whichever are applicable.
1013 6. Administrative Decisions: The planning director or designee shall approve,
1014 conditionallygpprove, or deny the application for a certificate of appropriateness
1015 based upon written findings of fact. The decision of the planning director or designee
1016 shall become effective upon issuance of the certificate of appropriateness.
1017 a. Referral of Application to Historic Landmark Commission: The planning director
1018 or designee may refer any pplication to the historic landmark commission due to
1019 the complexity of the application, the significance of change to the structure or
1020 site, or the need for consultation for expertise regarding architectural or other
1021 preservation issues.
1022 7h. Review And r eeisio By The Historic Landmark Commission Decisions: The
1023 Hhistoric Mandmark Gcommission shall hold a public hearing to review the
1024 application in accordance with the standards and procedures set forth in Chapter
1025 21A.10 of this title. , fellewifig
1026 0 eipt of a eompleted applieatio . The historic landmark commission shall approve,
1027 conditionallygpprove, or deny the application based upon written findings of fact.
1028 The decision of the historic landmark commission shall become effective at the time
1029 the decision is made. Following a decision from the historic landmark commission to
1030 approve a certificate of appropriateness, the planning director or designee shall issue
1031 a certificate of appropriateness after all conditions of approval are met except for
1032 demolition of contributing, principal buildings and landmark sites as outlined in
1033 Subsection 21A.34.020.F.8.
1034
1035 8. Requirements for Certificate of Appropriateness for Demolition: The certificate of
1036 appropriateness for demolition of a contributing principal building or landmark site
1037 shall not be issued until the following_ criteria is satisfied:
1038
1039 a. The appeal period associated with the approval has expired.
1040
1041 b. The landmark commission has granted approval for a new building that will
1042 replace the landmark site or contributingprincipalbuilding to be demolished. The
1043 reauirement for renlacina the contributing nrincinal building or landmark site with
26
LEGISLATIVE DRAFT
1044
1045
1046
1047
1048
1049
1050
1051
1052
a new building may be waived by the historic landmark commission if a new
development or redevelopment plan that includes the principal building _ to o 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
1053
demolition, the property shall not be removed from the H Historic Preservation
1054
Overlay District until the building has been demolished and revocation of the
1055
designation of a landmark site has been approved in accordance with Section
1056
1057
1058
21A.51.050, Local Historic Amendments Process.
10. Exceptions of Certificate of Appropriateness for Demolition of Hazardous Buildings:
1059
A hazardous building shall be exempt from the provisions governing demolition if the
1060
building official determines, in writing, that the building currently is an imminent
1061
hazard to public safety. Prior to the issuance of a demolition permit, the building
1062
official shall notify the planning director for consultation and of the final decision.
1063
1064
11. Expiration of Approvals: No certificate of appropriateness shall be valid for a period
1065
of longer than one (1) year unless a building permit has been issued or complete
1066
buildingplanshave been submitted to the Salt Lake City Division of Building
1067
Services and Licensing within that period and is thereafter diligently pursued to
1068
completion; or unless a longer time is requested and granted by the historic landmark
1069
commission, or in the case of an administrative approval, by the planning director or
1070
designee. Any request for a time extension shall be required not less than thirty (30)
1071
days prior to the one (1) vear time period.
1072
1073 (1) Aft . - all fnater-ials submitted for- the ease, the r-eeemmeadation o
1074
1075 Histor-ie handmafk Commission shall fna-ke written findings of faet base
1076 the standafds of approval as outlined in this subseetien F through sibseeti
1078 (2) On the basis of its wr-itten fifidings of fact the Hister-ie Landmadc
1079 C �edeny orse�tioe the etef��� �m�rissiv��n-ul either- approve,
1080 ef appropriateness.
1081
1082 the time the deeisio ; ade Demolition ,.o.., its f i.,,,a, a fk sites of
1083 eentfibuting pr-ineipal buildings shall flet be issued until the I h -A.-S
1084
27
LEGISLATIVE DRAFT
1085 (4) W- itten notiee of the deeision of the 14ister-ie bandfnafk Commission onrthe
1086 applieation, ineluding ., eepy fthe findings e ff t shall be made pufsttant t
1087 the provisions fseetio 2 n 10.030 of this title
1088 IN. Appeal oOf Decisions: Any person adversely
1089 affected by a final decision of the I4historic Llnndmark Ecommission, or in the case
1090 of administrative decisions, the planning director or designee, may file an appeal in
1091 accordance with the provisions of eChapter 21A.16 of this title.
1092 G. Standards for Cei4 fieate of Appropriateness F r Alteration oOf aA Landmark Site oOr
1093 Contributing Structure Including New Construction oOf aAn Accessory Structure: In
1094 considering an application for a certificate of appropriateness for alteration of a landmark
1095 site or contributing structure, or new construction of an accessory structure associated
1096 with a landmark site or contributing structure, the Hhistoric Mandmark Ecommission, or
1097 the gplanning Ddirector, for administrative decisions, shall, using the adopted design
1098 guidelines as a key basis for evaluation, find that the project substantially complies with
1099 all of the following general standards: that pet4ain to the appheatien and that the deeisi
1100 is in the best interest of the Cit-y:
1101
1102
1.
A property shall be used for its historic purpose or be used for a purpose that requires
1103
minimal change to the defining characteristics of the building and its site and
1104
environment;
1105
2.
The historic character of a property shall be retained and preserved. The removal of
1106
historic materials or alteration of features and spaces that characterize a property shall
1107
be avoided;
1108
3.
All sites, structures and objects shall be recognized as products of their own time.
1109
Alterations that have no historical basis and which seek to create a false sense of
1110
history or architecture are not allowed;
1111
4.
Alterations or additions that have acquired historic significance in their own right
1112
shall be retained and preserved;
1113
5.
Distinctive features, finishes and construction techniques or examples of
1114
craftsmanship that characterize a historic property shall be preserved;
1115
6.
Deteriorated architectural features shall be repaired rather than replaced wherever
1116
feasible. In the event replacement is necessary, the new material should match the
1117
material being replaced in composition, design, texture and other visual qualities.
1118
Repair or replacement of missing architectural features should be based on accurate
1119
duplications of features, substantiated by historic, physical or pictorial evidence rather
1120
than on conjectural designs or the availability of different architectural elements from
1121
other structures or objects;
1122
7.
Chemical or physical treatments, such as sandblasting, that cause damage to historic
1123
materials shall not be used. The surface cleaning of structures, if appropriate, shall be
1124
undertaken using the gentlest means possible;
1125
8.
Contemporary design for alterations and additions to existing properties shall not be
1126
discouraged when such alterations and additions do not destroy significant cultural,
1127
historical, architectural or archaeological material, and such design is compatible with
W.
LEGISLATIVE DRAFT
1128
the size, scale, color, material and character of the property, neighborhood or
1129
environment;
1130
9. Additions or alterations to structures and objects shall be done in such a manner that
1131
if such additions or alterations were to be removed in the future, the essential form
1132
and integrity of the structure would be unimpaired. The new work shall be
1133
differentiated from the old and shall be compatible in massing, size, scale and
1134
architectural features to protect the historic integrity of the property and its
1135
environment;
1136
10. Certain building materials are prohibited ineluding the following:
1137
a. Aluminum, asbestos, or vinyl cladding; and when applied directly to an original
1138
or historic material.
1139
b. Vinyl fencing.
1140
1141
11. Any new sign and any change in the appearance of any existing sign located on a
1142
landmark site or within the H Historic Preservation Overlay District, which is visible
1143
from any public way or open space shall be consistent with the historic character of the
1144
landmark site or H Historic Preservation Overlay District and shall comply with the
1145
standards outlined in eChapter 21A.46 of this title.
1146
1147 H. Standards f-For New Construction oOr
1148 Alteration oOf aA Noncontributing Structure: In considering an application for a
1149 certificate of appropriateness involving new construction of a principal building, or
1150 alterations of noncontributing structures, the I4historic Llandmark Ecommission, or
1151 P-planning Ddirector when the application involves the alteration of a noncontributing
1152 structure., shall; using the adopted design guidelines as a key basis for evaluation,
1153 determine whether the project substantially complies with each of the following standards
1154 that pertain to the application to ensure that the proposed project fits into the established
1155 context in ways that respect and contribute to the evolution of Salt Lake City's
1156 architectural and cultural traditions:
1157
1158 1. Settlement Patterns aAnd Neighborhood Character:
1159
1160 a. Block aAnd Street Patterns: The design of the project preserves and reflects the
1161 historic block, street, and alley patterns that give the district its unique character.
1162 Changes to the block and street pattern may be considered when advocated by an
1163 adopted Ecity plan.
1164 b. Lot aAnd Site Patterns: The design of the project preserves the pattern of lot and
1165 building site sizes that create the urban character of the historic context and the
1166 block face. Changes to the lot and site pattern may be considered when advocated
1167 by an adopted Ecity plan.
1168 c. The Public Realm: The project relates to adjacent streets and engages with
1169 sidewalks in a manner that reflects the character of the historic context and the
1170 block face. Projects should maintain the depth of yard and height of principal
29
LEGISLATIVE DRAFT
1171
elevation of those existing on the block face in order to support consistency in the
1172
definition of public and semi-public spaces.
1173
d. Building Placement: Buildings are placed such that the project maintains and
1174
reflects the historic pattern of setbacks and building depth established within the
1175
historic context and the block face. Buildings should maintain the setback
1176
demonstrated by existing buildings of that type constructed in the district or site's
1177
period of significance.
1178
e. Building Orientation: The building is designed such that principal entrances and
1179
pathways are oriented such that they address the street in the pattern established in
1180
the historic context and the block face.
1181
1182
2. Site Access, Parking, aAnd Services:
1183
a. Site Access: The design of the project allows for site access that is similar, in
1184
form and function, with patterns common in the historic context and the block
1185
face.
1186
1187
(1) Pedestrian: Safe pedestrian access is provided through architecturally
1188
highlighted entrances and walkways, consistent with patterns common in the
1189
historic context and the block face.
1190
(2) Vehicular: Vehicular access is located in the least obtrusive manner possible.
1191
Where possible, garage doors and parking should be located to the rear or to
1192
the side of the building.
1193
1194
b. Site aAnd Building Services aAnd Utilities: Utilities and site/building services
1195
(such as HVAC systems, venting fans, and dumpsters) are located such that they
1196
are to the rear of the building or on the roof and screened from public spaces and
1197
public properties.
1198
1199
3. Landscape aAnd Lighting:
1200
a. Grading oOf Land: The site's landscape, such as grading and retaining walls,
1201
addresses the public way in a manner that reflects the character of the historic
1202
context and the block face.
1203
b. Landscape Structures: Landscape structures, such as arbors, walls, fences, address
1204
the public way in a manner that reflects the character of the historic context and
1205
the block face.
1206
c. Lighting: Where appropriate lighting is used to enhance significant elements of
1207
the design and reflects the character of the historic context and the block face.
1208
1209
4. Building Form aAnd Scale:
1210
a. Character oOf Tthe Street Block: The design of the building reflects the historic
1211
character of the street facade in terms of scale, composition, and modeling.
1212
kro
LEGISLATIVE DRAFT
1213
(1) Height: The height of the project reflects the character of the historic context
1214
and the block face. Projects taller than those existing on the block face step
1215
back their upper floors to present a base that is in scale with the historic
1216
context and the block face.
1217
1218
(2) Width: The width of the project reflects the character of the historic context
1219
and the block face. Projects wider than those existing on the block face
1220
modulate the facade to express a series of volumes in scale with the historic
1221
context and the block face.
1222
1223
(3) Massing: The shape, form, and proportion of buildings, reflects the character
1224
of the historic context and the block face.
1225
1226
(4) Roof Forms: The building incorporates roof shapes that reflect forms found in
1227
the historic context and the block face.
1228
1229
5. Building Character:
1230
a. Facade Articulation aAnd Proportion: The design of the project reflects patterns
1231
of articulation and proportion established in the historic context and the block
1232
face. As appropriate, facade articulations reflect those typical of other buildings
1233
on the block face. These articulations are of similar dimension to those found
1234
elsewhere in the context, but have a depth of not less than twelve inches (12").
1235
1236
(1) Rhythm oOf Openings: The facades are designed to reflect the rhythm of
1237
openings (doors, windows, recessed balconies, etc.) established in the historic
1238
context and the block face.
1239
1240
(2) Proportion aAnd Scale oOf Openings: The facades are designed using
1241
openings (doors, windows, recessed balconies, etc.) of similar proportion and
1242
scale to that established in the historic context and the block face.
1243
1244
(3) Ratio oOf Wall tTo Openings: Facades are designed to reflect the ratio of wall
1245
to openings (doors, windows, recessed balconies, etc.) established in the
1246
historic context and the block face.
1247
1248
(4) Balconies, Porches, aAnd External Stairs: The project, as appropriate,
1249
incorporates entrances, balconies, porches, stairways, and other projections
1250
that reflect patterns established in the historic context and the block face.
1251
1252
6. Building Materials, Elements aAnd Detailing:
1253
a. Materials: Building facades, other than windows and doors, incorporate no less
1254
than eighty percent (80%) durable material such as, but not limited to, wood,
31
LEGISLATIVE DRAFT
1255
1256
1257
1258
1259
1260
1261
1262
1263
1264
1265
1266
1267
1268
1269
1270
1271
1272
1273
1274
1275
1276
1277
1278
1279
1280
1281
1282
1283
1284
1285
1286
1287
1288
1289
1290
1291
1292
1293
1294
1295
1296
1297
1298
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 Son 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 aAnd 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 fFor CeAifieate Of Appropriateness Fe Relocation oof Landmark Site oor
Contributing Structure: In considering an application for a certificate of appropriateness
for relocation of a landmark site or a contributing structure, the Hhistoric Llandmark
Ecommission 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
6. A financial guarantee to ensure the rehabilitation of the structure once the relocation
has occurred is provided to the Ecity. The financial guarantee shall be in a form
approved by the Ecity Aattomey, in an amount determined by the P-planning
Ddirector sufficient to cover the estimated cost to rehabilitate the structure as
approved by the I4historic Llandmark Ecommission 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.
32
LEGISLATIVE DRAFT
1299 J. Standards Wor ro,- ifieate of Appropriateness Fe Demolition oOf Landmark Site: In
1300 considering an application for a certificate of appropriateness for demolition of a
1301 landmark site, the Flhistoric Llandmark Ecommission shall only approve the application
1302 upon finding that the project fully complies with one of the following standards:
1303
1304 1. The demolition is required to alleviate a threat to public health and safety pursuant to
1305 sSubsection 21A.34.020.F.10 9 of ths seet e ; or
1306
1307 2. A determination of economic hardship has been granted by the I4historic Llandmark
1308 Ecommission pursuant to the provisions of sSubsection 21A.34.020.L of this seetiell.
1309
1310 K. Standards for reAifieate of Appropriateness Fe Demolition oOf aA Contributing
1311 Principal Building in An 14 Mister-i . Pr-eservat o Over ay Dist iet: When considering a
1312 request for approval of a certificate of appropriateness for demolition of a contributing
1313 principal building, the 14historic Llandmark Ecommission shall determine whether the
1314 request substantially complies with the following standards:
1315
1316 1. Standards For- Approval OfAGet4«eate of Appropriateness ?or- Demolition:
1317 Ia. The historic integrity of the site as defined in sin Section 21A.62.040 G15b-of
1318 this seetie is no longer evident and the site no longer meets the definition of a
1319 contributing building or structure in Section 21A.62.040;
1320 2h.The streetscape within the context of the H Historic Preservation Overlay District
1321 would not be negatively materially affected if the contributing principal building were
1322 to be demolished;
1323 3e. The demolition would not create a material adverse effect on the concentration of
1324 historic resources used to define the boundaries or maintain the integrity of the
1325 district;
1326 4d.The base zoning of the site does not permit land uses that would allow the adaptive
1327 reuse of the contributing principal building;
1328 5e. The contributing principal building has not suffered from willful wilfulneglect, as
1329 evidenced by the following:
1330 a. (0)K llfulW4f�4 or negligent acts that have caused significant deterioration of the
1331 structural integrity of the contributing principal building to the point that the
1332 building fails to substantially conform to applicable standards of the 'sstate
1333 Econstruction Ecode,
1334 b. (Failure to perform routine and appropriate maintenance and repairs to maintain
1335 the structural integrity of the contributing principal building, or
1336 c. (Failure to secure and board the contributing principal building, if vacant, per
1337 -sSection 18.64.045 of this Ecode.
33
LEGISLATIVE DRAFT
1338 2. Mister-ie handmaf7k Commission Detefmination Of Complianee With Standards Of
1339 n,.,.,.,,yal.: if the Histerie Landmark ark Commission finds that the request for
1340 eet4ifieate of appropriateness for- demolition substantially eoniplies with the standards
1341 in s4seetion K! of this seetion, then the Hister-ie Landmark Commission s
1342 approve the request for- a eertifieate of appropriateness for- demolition. if the Histofie
1343 Landmar-k Commission does not find that the r-equest for- a eer-tifieate e
1344 appropriateness for- demolition substantially eomplies with the standards in subseeti
1345 , then the Hister-ie Landmark Gemmission shall deny the r-equest fe
1346 a eert fieate of appropriateness for- demolition.
1347 L. Economic Hardship Determination: Upon denial of a certificate of appropriateness for
1348 demolition of a contributing principal building by the Hhistoric L-landmark Fcommission,
1349 the owner and/or owner's representative will have one year from the end of the appeal
1350 period as described in eChapter 21A.16 of this title, to submit an application for
1351 determination of economic hardship. In the case of a landmark site, an application for
1352 determination of economic hardship shall can be submitted at any the same time as an
1353 application for demolition of a landmark site neeess to meet the standard of
1354 -sSubsection 21A.34.020.J.2 of this section.
1355
1356
1357
1358
1. Application f-For Determination oOf 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
1359
consolidated fee schedule. Dl.,,-.,-.ing Dire, ter- and shall by submitted t the Pimming
In
1360
Division.
1361
1362
2. Evidence fl or Determination oOf Economic Hardship: The burden of proof is on the
1363
owner or owner's representative to provide sufficient evidence to demonstrate an
1364
economic hardship. Any finding in support of economic hardship shall be based
1365
solely on the hardship of the property. Evidence may include, but is not limited to:
1366
1367
a. Physical cEondition of the property at time of purchase and the applicant's plans
1368
for the property at time of purchase.
1369
b. The current level of economic return on the property as considered in relation to
1370
the following:
1371
1372
(1) The amount paid for the property, the date of purchase, and party from whom
1373
purchased, including a description of the relationship, if any, between
1374
applicant, and the person from whom the property was purchased;;
1375
(2) The annual gross and net income, if any, from the property for the previous
1376
three (3) years; itemized operating and maintenance expenses for the previous
1377
three (3) years; and depreciation deduction and annual cash flow before and
1378
after debt service, if any, for the previous three (3) years,-,
1379
M
LEGISLATIVE DRAFT
1380
(3) Real Eestate Ttaxes for the previous three (3) years by the Salt Lake County
1381
Assessor,;
1382
(4) An appraisal, no older than six (6) months at the time of application for
1383
determination of economic hardship conducted by an MAI certified appraiser
1384
licensed within the State of Utah. Also all appraisals obtained within the
1385
previous three (3) years by the owner or applicant in connection with the
1386
purchase, financing or ownership of the property,
1387
(5) The fair market value of the property taking into consideration the H Historic
1388
Preservation Overlay District,; and
1389
(6) For non-residential or multifamily properties, any $state or Ffederal Iincome
1390
Ttax returns on or relating to the property for the previous three (3) years.
1391
1392
c. The marketability of the property for sale or lease, as determined by any listing of
1393
the property for sale or lease, and price asked and offers received, if any, within
1394
the previous two (2) years. This determination can include testimony and relevant
1395
documents regarding:
1396
1397
(1) Any real estate broker or firm engaged to sell or lease the property,
1398
(2) Reasonableness of the price in terms of fair market value or rent sought by the
1399
applicant; and
1400
(3) Any advertisements placed for the sale or rental of the property.
1401
1402
d. The feasibility of alternative uses for the property as considered in relation to the
1403
following:
1404
1405
(1) Report from a licensed engineer or architect with demonstrated experience in
1406
rehabilitation of older buildings as to the structural soundness of any building
1407
on the property;
1408
(2) An estimate of the cost of the proposed construction or alteration, including
1409
the cost of demolition and removal, and potential cost savings for reuse of
1410
materials;.-
1411
(3) The estimated market values of the property in current condition, after
1412
completion of the demolition; and after renovation of the existing property for
1413
continued use;i and
1414
(4) The testimony of ate -professional with demonstrated experience
1415
in rehabilitation of older buildings as to the economic feasibility of
1416
rehabilitation or reuse of the existing building on the property. An experienced
1417
professional may include, but is not limited to, an architect, developer, real
1418
estate consultant, appraiser, or any other professional experienced in
1419
preservation or rehabilitation of older buildings and licensed within the State
1420
of Utah.
1421
35
LEGISLATIVE DRAFT
1422
e. Economic incentives and/or funding available to the applicant through Ffederal,
1423
9state, Ecity, or private programs.
1424
f. Description of past and current use.
1425
g. An itemized report that identifies what is deficient if the building does not meet
1426
minimum Ecity-Bbuilding Ecode standards or violations of this Geode and
1427
whether any exceptions within Chapter 12 Historic Buildings of the IEBC, or its
1428
successor, could be used to resolve those deficiencies.
1429
h. Consideration of map amendment, conditional use, speeial exeeptiee or other land
1430
use processes to alleviate hardship.
1431
1432
3. Procedure fEor Determination oOf Economic Hardship:
1433
1434
testimony te the Hister-ie Landmark Commission the the
eeneeming value of pr-epe
1435
1436
'
1437
to testimony to the Hister-ie Landmark Commission. The
renderingsa&iee and
1438
'
1439
Planning Dire, tor-'s v sh,,,,la hwe ,
appointed qtialified pei4 sider-able
1440
1441
development,
Feal estate eeonomies, aeeounting,
1442
bandmar-k Commission testimony the
may also eonsider- other- e"er-t upen reviewing
1443
by the the the Planning
evidenee presented applieant or- Feeeiving adviee/testimeny of
1444
Dire, ter-'s appointed qualified expert as o
1445
1446
a. Appointment of Qualified Expert: The planning director shall appoint a qualified
1447
expert to evaluate the application and provide advice and/or testimony. to the
1448
historic landmark commission concerning the value of the property and whether
1449
or not the denial of demolition could result in an economic hardship.
1450
1451
(1) The extent of the Authority: The planning director's appointed qualified
1452
expert is limited to rendering advice and testimony to the historic landmark
1453
commission and has no decision -making capacity.
1454
(2) The planning director's appointed qualified expert shall have considerable and
1455
demonstrated experience in appraising, renovating, or restoring historic
1456
properties, real estate development, economics, accounting, finance and/or
1457
law.
1458
(3) The historic landmark commission may also consider other expert testimony
1459
upon reviewing the evidence presented by the applicant or receiving the
1460
advice/testimony of the planning director's appointed qualified expert as
1461
necessary.
1462
1463
ba. Review 9of Evidence: The Hhistoric Elandmark Ecommission shall hold a public
1464
hearing in accordance with the standards and procedures set forth in Chapter
W
LEGISLATIVE DRAFT
1465
21A.10 of this title shA to consider the evidence submitted, ar ,,,.,Beat*,,, and
1466
the advice and /testimony of the Pplanning Ddirector's appointed qualified expert_
1467
for- detef....,inatio fee-e-n-A- ie bar-dshi.. ,��or ro o;,.t of , ,fern ., heat;
1468
1469
ch. Finding 9of Economic Hardship: If after reviewing all of the evidence presented by
1470
the applicant and the advice/testimony of the gplanning Ddirector's appointed
1471
qualified expert, and if the FIh_istoric Elandmark Ecommission finds that the applicant
1472
has presented sufficient information supporting a determination of economic
1473
hardship, then the Flhistoric Elandmark Ecommission shall approve the issue
1474
eei4ifieate of appropriateness fef demolition. in aeeer-da-nee it.h sikseeti ns M a„d IN
1475
of this seeti H. In order to show that all beneficial or economically viable use cannot
1476
be obtained, the Flhistoric Elandmark Ecommission must find that all of the following
1477
are met:
1478
1479
W The contributing, principal building or landmark site cannot be economically
1480
used or rented at a reasonable rate of return in its present condition or if
1481
rehabilitated;
1482
(2) The contributingprincipalbuilding or landmark site cannot be put to any
1483
reasonable beneficial use in its present condition or if rehabilitated; and
1484
(3) Bona fide efforts during the previous year to sell or lease the contributing
1485
principal building or landmark site at a reasonable price have been
1486
unsuccessful.
1487
1488
(,) Faf demolition of non residential o multifamily p pe ft.,.
1489
1490
(n) The „trib„ting principal building or landmark site ourrently eannot �o
1491
eeonomieally usedor- rented at a reasonable rate of -ot,,,-,. ; its p en
1492
eenditien.
1493
1494
(2) For- demolition ef a residential pr-epefty (single or- two family):
1495
1496
(A) The ntfi utin g pr-ineipal building ing of 1.,.,,1m r4E site , t be put to any
1497
benefieial , v in its poet , nditio
1498
de. Certificate oOf Appropriateness ff-or Demolition: If the I4historic Elandmark
1499
Ecommission finds an economic hardship, a certificate of appropriateness for
1500
demolition shall be issued in accordance with Subsection 21A.34.020.F.8. vid
1501
1502
1503
1504
ed. Denial 9of Economic Hardship: If the Flhistoric Elandmark Ecommission does
1505
not find an economic hardship, then the application for a certificate of
1506
appropriateness for demolition shall be denied. No further economic hardship
1507
determination applications may be considered for the subject property for three
1508
(3) years from the date of the final decision of the I4historic Elandmark
1509
Ecommission. The Hhistoric Elandmark Ecommission may waive this restriction
37
LEGISLATIVE DRAFT
1510
if the 14h_istoric 1✓landmark Ecommission finds there are circumstances sufficient
1511
to warrant a new hearing other than the re -sale of the property or those caused by
1512
the negligence or intentional acts of the owner.
1513
1514
,a by final ,aeesion Hist�
e.Aowner- adversely affeet a of
1515
1516
h,. ,to, 2 !A. 16 f this o
1517 M.
Requirements For- Get4ifieate Of Appropriateness For- Demolition: No
eet4ifieate e
1518
for- demolition be issued the landmark
toss shall unless site or- een4r4buting
1519
ilding to be demolished is to be building that th
r-eplaeed with a new meets
1520
following er-ito,.;,,
1521
1522 i The ,-o.-,i.,,,oment building satisfies all a ,.i;, able zoning and 14 14ister-ie Pr-eser-vat;
1523 .
1524
1525 appropriate approvals and pefmits fe ient building,
1526
1527
1528 photos of the subjeet p »�eAy and a site plan. D,.,.,,,,-,entat; r may also ine�„ao
1529 drawings anWor- written data if a-vailable.
1530
1531 a. Photographs. Digital or- print Views should e
1532 {) EX*'�-
1533 (2) Close , fs;,.nif4 ant exterior- f awes;
1534 (3) Views that show the relationship of the pr-imafy building ing to the over-all site
1535aeeessor-y stfuetefes .,ray,,,. site feat fes
1536
1537 b. Site plan showing the leeation ef the building and site featufes.
1538
1539 N. Revoeation Of The Designation Of A handmafk Site: if a landmark site is approved fo
1540 demolition, the pr-opertea'notbe Femoved ffomrthe Salt ;Jake City Register- of
1541 Cukffal Reso ,fees (see subseetion D of this seet r�
1542
1543
1544 hazardous building shall be exempt &efn the pro i i — ming demelitien if the
1545 ,
that the building emuffently is an imminent hazard-
1546
1547 notify the Planning Dir-eetor- of the deeision.
1548
1549 P. Expiration ofApprovals: Subjeet to an extension of time gr-aotedbythe stor-ie
1550 bandfnafk Commission, or- in the ease of an administr-atively approved eeAifieate o
1551 , -- --Ft'ifieate of appropriateness
1552 shall be valid for- a period of longer- than one year- unless a building pefmit has been
4R.
LEGISLATIVE DRAFT
1553 issued or- eemplete building plans have been stibmitted to the Division of Biiildin
1554 Serviees and bieensing within that period and is thereafter- diligently ptir-stied to
1555 eompletion, or- unless a longer- time is r-e"ested and gr-a-PAed by the 14istor-ie handmarAE
1556 Commissiow, or- in the ease of an administfative appr-ov4, by the Plafming Dir-eetor- of
1557 designee. A-" r-e"est for- a time extension shall be r-e"ir-ed not less than thii4y (30) days
1558 t the twelve (2) month time period.
1559
1560 SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.40.190.B. That
1561 Subsection 21A.40.190.B of the Salt Lake City Code (Zoning: Accessory Uses, Buildings and
1562 Structures: Small Solar Energy Collection Systems: Small Solar Energy Collection Systems and
1563 Historic Preservation Overlay Districts or Landmark Sites) shall be, and hereby is amended to
1564 read as follows:
1565 B. Small Solar Energy Collection Systems aAnd Historic Preservation Overlay Districts 9r
1566 motes:
1567
1568 1. General: In addition to meeting the standards set forth in this section, all applications to
1569 install a small solar energy collection system within the Historic Preservation Overlay
1570 District shall obtain a certificate of appropriateness in accordance with Section
1571 21A.34.020 prior to installation. Small solar energy collection systems shall be allowed
1572 in accordance with the location priorities detailed in &Subsection B_3 of this section. If
1573 there is any conflict between the provisions of this &Subsection B, and any other
1574 requirements of this section, the provisions of this &Subsection B shall take precedence.
1575 2. Installation Standards: The small solar energy collection system shall be installed in a
1576 location and manner on the building or lot that is least visible and obtrusive and in such a
1577 way that causes the least impact to the historic integrity and character of the historic
1578 building, structure, site or district while maintaining efficient operation of the solar
1579 device. The system must be installed in such a manner that it can be removed and not
1580 damage the historic building, structure, or site it is associated with.
1581 3. Small Solar Energy Collection System Location Priorities: In approving appropriate
1582 locations and manner of installation, consideration shall include the following locations
1583 in the priority order they are set forth below. The method of installation approved shall be
1584 the least visible from a public right-of-way, not including alleys, and most compatible
1585 with the character defining features of the historic building, structure, or site. Stems
1586 proposed fer- leeations in siAseetiens B3a through B3e ef this seetieft, may be review
1587 "
1588 this title. Systems proposed for- loeations in subseetion B3f of this seetion, shall bee
1589 reviewed by the 14istor-ie handmafk Commission in aeeor-danee with the pfoeedur-es set.
1590 f i4 • i.� „ 2 n 34 20F2 "14 � C f� title
vrariirji:cv��Et�6rr�r�-r�� :� �rz,rr$�9ri� �vmmirrr��,^vr Tcrc�
W
LEGISLATIVE DRAFT
1591
1592
a.
Rear yard in a location not readily visible from a public right-of-way.
1593
b.
On accessory buildings or structures in a location not readily visible from a public
1594
right-of-way.
1595
c.
In a side yard in a location not readily visible from a public right-of-way.
1596
d.
On the principal building in a location not readily visible from a public right-of-
1597
way.
1598
e.
On the principal building in a location that may be visible from a public right-of-
1599
way, but not on the structure's front facade.
1600
f.
On the front facade of the principal building in a location most compatible with
1601
the character defining features of the structure.
1602
1603 SECTION 6. Amending the text of Salt Lake City Code Section 21A.50.020. That
1604 Section 21A.50.020 of the Salt Lake City Code (Zoning: Amendments: Authority) shall be, and
1605 hereby is amended to read as follows:
1606 21A.50.020: AUTHORITY:
1607
1608 The text of this title and the zoning map may be amended by the passage of an ordinance
1609 adopted by the city council in accordance with the procedures set forth in this chapter.
1610 Applications related to H Historic Preservation Overlay District or Landmark Sites are
1611 subiect to the procedures in Chanter 21A.51. Local Historic Designations and Amendments.
1612
1613 SECTION 7. Amending the text of Salt Lake City Code Section 21A.50.030. That
1614 Section 21A.50.030 of the Salt Lake City Code (Zoning: Amendments: Initiation) shall be, and
1615 hereby is amended to read as follows:
1616 21A.50.030:INITIATION:
1617
1618 Amendments to the text of this title or to the zoning map may be initiated by filing an
1619 application for an amendment addressed to the planning commission. Applications for
1620 amendments may be initiated by the mayor, the city council, the planning commission, or the
1621 owner of the property included in the application, or the property owner's authorized agent.
1622 Applications related to a 14isto,-ie Preservation Over -lay Dist ietsor- land,. aFk sites of the
1623 Homeless Resource Center Overlay shall be initiated as provided in Chapter 21A.34 of this
1624 title.
1625
LEGISLATIVE DRAFT
1626 SECTION 8. Amending the text of Salt Lake City Code Subsection 21A.50.040.B That
1627 Section 21A.50.030.B of the Salt Lake City Code (Zoning: Amendments: Procedure: Fees) shall
1628 be, and hereby is amended to read as follows:
1629 B. Fees: The application shall be accompanied by the applicable fees shown on the Salt
1630 Lake City consolidated fee schedule. The applicant shall also be responsible for payment
1631 of all fees established for providing the public notice required by EChapter 21A.10 of this
1632 title. Application and noticing fees filed by the city council, planning commission or the
1633 mayor shall not be required. Application and noticing fees filed for- designation within
1634 a hiss r-ie r o e ,atio,, ever -lay distr- et or to establish a character conservation district
1635 shall not be required.
1636
1637
1638 SECTION 9. Amending the text of Salt Lake City Code Section 21 A.50.060 That
1639 Section 21A.50.060 of the Salt Lake City Code (Zoning: Amendments: Limitation on
1640 Amendments) shall be, and hereby is amended to read as follows:
1641 21A.50.060: LIMITATION ON AMENDMENTS:
1642
1643 A. No application for an amendment to this title shall be considered by the Ecity Ecouncil
1644 or the P-planning Ecommission within one year of the withdrawal by the applicant or final
1645 decision of the Ecity Ecouncil upon a prior application covering substantially the same
1646 subject or substantially the same property.
1647 B. In the ease ef a proposed Weal histerie dis4iet or- thematie designation per- seetien
1648 , if a Weal histor-ie distr-iet or- area proposal fails in aerVA-f-d-An.e.-�
1649
1650 initiate the er-eation of a Weal histor-ie dist-Fiet, area, or- thematie designation that iflelid
1651 °
1652 area, or- thematie designation proposal for- fouf (4) years after- the day on whieh the
1653 .
1654 BG. This determination shall be made by the Zzoning Aadministrator upon receipt of an
1655 application pursuant to &Section 21A.50.030 of this chapter. This provision shall not
1656 restrict the Mmayor, the C-city GCOuncil or the P-planning Gcommission from proposing
1657 any text amendment or change in the boundaries of any of the districts in this title at any
1658 time.
1659
41
LEGISLATIVE DRAFT
1660 SECTION 10. Adopting anew Chapter 21A.51 of Salt Lake City Code 21A. Chapter 21A of
1661 the Salt Lake City Code (Local Historic Designation and Amendments) shall be and hereby is
1662 amended to include a new Chapter 21A.51 Local Historic Designation and Amendments and shall
1663 read as follows:
1664 Chapter 21A.51
1665 LOCAL HISTORIC DESIGNATON & AMENDMENTS
1666 21A.51.010: Purpose Statement
1667 21A.51.020: Authority
1668 21A.51.030: Local Historic Designation Process
1669 21A.51.040: Local Historic Designation Criteria
1670 21A.51.050: Existing Local Historic Amendment Process
1671 21A.51.060: Existing Local Historic Amendment Criteria
1672 21A.51.070: Limitations
1673 21A.51.080: Historic Resource Surveys
1674 21A.51.090: Appeal of Decision
1675
1676 21A.51.010: PURPOSE STATEMENT:
1677 The purpose of this chapter is to provide standards and procedures for making amendments
1678 to the zoning map related to the H Historic Preservation Overlay District. The H Historic
1679 Preservation Overlay District applies to all properties within the boundaries of a local historic
1680 district, hart of a thematic designation, or a landmark site.
1681 21A.51.020: AUTHORITY:
1682 A. Authority: Pursuant to the procedures and standards in this chapter and the standards for
1683 general amendments in Section 21A.50.050, the city council may amend the zoning map
1684 and apply the H Historic Preservation Overlay District by the passage of an ordinance
1685 and:
1686
1687 1. Designate a landmark site;
1688 2. Designate as a local historic district;
1689 3. Designate as a thematic designation;
1690 4. Amend designations to add or remove features or property to or from a landmark site,
1691 local historic district or thematic designation;
1692 5. Revoke designation of a landmark site;
1693 6. Adopt comprehensive historic resource surveys and associated reports for new
1694 landmark sites. local historic districts or thematic designations: and
1695
42
LEGISLATIVE DRAFT
1696 7. Adopt updates to historic resource surveys and associated reports for existing local
ocal
1697 historic districts or thematic designations in accordance with the provisions in Section
1698 21A.51.080.
1699
1700 21A.51.030: LOCAL HISTORIC DESIGNATION PROCESS:
1701 Salt Lake City will consider the local designation of a landmark site, local historic district or
1702 thematic designation in order to protect the best examples of historic resources which
1703 represent significant elements of the city's prehistory, history, development patterns or
1704 architecture. Local designation must be in the best interest of the city and achieve a
1705 reasonable balance between private property rights and the public interest in preserving the
1706 city's cultural, historic, and architectural heritage.
1707 A. Process for Designation of a Local Historic District or Thematic Designation:
1708
1709 1. Procedures Required Before an Application Can be Submitted: Prior to the submittal
1710 of an application for the designation or amendment local historic district or thematic
1711 designation, and prior to gathering any signatures for an application, the following
1712 steps must be completed:
1713
1714 a. Pre -application Conference: A potential applicant shall attend a pre -application
1715 conference with the planning director or designee. The purpose of this meeting is
1716 to discuss the merits of the proposed designation and the amendment processes as
1717 outlined in this section.
1718
1719 b. Notification to Affected Property Owners: Following the preapplication
1720 conference outlined in Subsection A. La of this section, the city shall send by firs
1721 class mail a neutral informational pamphlet to owners of record for each property
1722 potentially affected by a forthcoming application. The informational pamphlet
1723 shall be mailed after a potential applicant submits to the city a finalized proposed
1724 boundary of an area to be included in the H Historic Preservation Overlay
1725 District. The informational pamphlet shall contain, at a minimum, a description of
1726 the process to create a local historic district or thematic designation and will also
1727 list the pros and cons of a local historic district or thematic designation. Once the
1728 city sends the informational pamphlet, gathering of property owner signatures
1729 may begin per Subsection A.2 of this section. The informational pamphlet sent
1730 shall remain valid for ninety (90) days. If an application is not filed with the city
1731 within ninety (90) days after the date that the informational pamphlet was mailed,
1732 the city shall close its file on the matter. Any subsequent proposal must begin
1733 application process again.
1734
1735 2. Application:
1736
43
LEGISLATIVE DRAFT
1737
a. Parties Entitled to Submit Application: The mayor or the city council, by a
1738
majority vote, may initiate a petition to consider designation of a local historic
1739
district or thematic designation. A property owner submitting such uch application
1740
shall demonstrate, in writing, support of more than thi . three percent (33%) of
1741
the property owners of lots or parcels within the proposed boundaries of an area to
1742
be included in the H Historic Preservation Overlay District.
1743
1744
For purposes of this subsection, a lot or parcel of real property may not be
1745
included in the calculation of the required percentage unless the application is
1746
signed by_property owners representing at least fifty percent (50%) of the
1747
interest in that lot or parcel.
1748
1749
(2) Each lot or parcel of real property may only be counted once toward the thirty
1750
three percent (33%), regardless of the number of owner signatures obtained
1751
for that lot or parcel.
1752
1753
Qj Signatures obtained to demonstrate support of more than thi . three percent
1754
(33%) of the property owners within the boundary of the proposed local
1755
historic district or thematic designation must be gathered within a period of
1756
ninety (90) dgys as counted between the date that the informational pamphlet
1757
was mailed as required per Subsection 21A.51.030.A. Lb and the date of the
1758
last required signature.
1759
1760
b. Submittal Requirements: An application shall be made to the zoning administrator
1761
on a form or forms provided by the office of the zoning administrator, which shall
1762
include at least the following information unless deemed unnecessary by the
1763
zoning_ administrator:
1764
1765
(1) Information demonstrating the procedures in Subsections 21 A.51.030.A.1.a
1766
and 21A.51.030.A.Lb have been followed;
1767
1768
Information demonstratingthe he requirements in Subsection 21A.51.030.A.2.a
1769
have been met;
1770
1771
(3) Street addresses and parcel numbers of all properties included in the proposed
1772
local designation, _
1773
1774
(4) Photos of all properties included in the proposed designation;
1775
1776
(5) Narrative demonstrating compliance with the standards and considerations in
1777
Section 21A.51.040: and
LEGISLATIVE DRAFT
1779 Any other information the zoning administrator deems necessary for
1780 consideration of a particular application.
1781
1782 c. Fees: Application and noticing fees for designation of a local historic district or
1783 thematic designation shall not be required.
1784
1785 3. Notice of Designation Application Letter: Following the receipt by the ci . of an
1786 application for the designation of a local historic district or thematic designation, the
1787 city shall send a notice of designation application letter to owner(s) of record for each
1788 property affected b said along with a second copy of the informational
1789 pamphlet described in Subsection 21A.51.030.A. Lb. In the event that no application
1790 is received following the ninety (90) day period of property owner signature
1791 gathering, the he city will send a letter to property owner(s) of record statingthat hat no
1792 application has been filed. and that the citv has closed its file on the matter.
yLIC�'
1794
4. Planning Director Report to the City Council: Following the receipt by the ci of an
1795
.
application for the designation to a local historic district or thematic designation and
1796
following mailing of the notice of designation application letter described in
1797
Subsection 21A.51.030.A.3, the planning director shall submit a report based on the
1798
following considerations to the city council:
1799
1800
a. Whether a current historic survey meeting the standards prescribed by the State
1801
Historic Preservation Office is available for the landmark site or the area proposed
1802
for a local historic district or thematic designation. If a suitable survey. is not
1803
available, the report shall propose a strategy gather the needed survey data.
1804
1805
b. The city administration will determine the priority of the petition and determine
1806
whether there is sufficient funding and staff resources available to allow the
1807
planning division to complete a community outreach process, historic resource
1808
analysis and to provide ongoing administration of the new local historic district or
1809
thematic designation if the designation is approved by the city council. If
1810
sufficient funding is not available, the report shall include a proposed budget.
1811
1812
c. Whether the proposed designation is _ generally consistent with the purposes, goals,
1813
objectives and policies of the city as stated through its various adopted planning
1814
documents.
1815
1816
d. Whether the proposed designation would generally be in the public interest.
1817
1818
e. Whether there is probable cause to believe that the proposed landmark site, local
1819
historic district or thematic designation may be eligible for designation consistent
1820
with the purposes and designation criteria in Section 21A.51.040 and the zoning
1821
map amendment criteria in Section 21A.50.050, "Standards for General
1822
Amendments". of this title.
45
LEGISLATIVE DRAFT
1823
1824 f. Verification that a neutral informational pamphlet was sent per Subsection
1825 21A.51.030.A.3 of this section to all property owners within a proposed local
1826 historic district following the preapplication process outlined in Subsections
1827 21A.51.030.A. La and 21A.51.030.A. Lb.
1829
5. Notification to Recognized Community Organizations: Notification to reco-nized
1830
community organizations shall be provided as set forth in Section 2.60.050 of this
1831
code.
1832
1833
6. Property Owner Meeting: Following the submission of the planning director's report
1834
and acceptance of the report by the city council, the planning division will conduct a
1835
community outreach process to inform the owners of property within the proposed
1836
boundaries of the proposed local historic district or thematic designation about the
1837
following:
1838
1839
a. The designation process, including determining the level of property owner
1840
support, the public hearing process, and final decision -making process by the city
1841
council; and
1842
1843
b. Zoning ordinance requirements affecting, properties located within the H Historic
1844
Preservation Overlay District, adopted design guidelines, the design review
1845
process for alterations and new construction, the demolition process and the
1846
economic hardship process.
1847
1848
7. Open House: The planning division will conduct an open house pursuant to Section
1849
2.60.050.
1850
1851
8. Public Hearings: A public hearing shall be held with both the historic landmark
1852
commission and the planning commission in accordance with the standards and
1853
procedures set forth in Chapter 2IA. 10, "General Application and Public Hearing
1854
Procedures", of this title. The historic landmark commission and planning
1855
commission shall recommend approval or denial of the proposal or the approval of
1856
some modification of the proposal.
1857
1858
9. Property Owner Opinion Balloting:
1859
1860
a. Following the completion of the historic landmark commission and planning
1861
commission public hearings, the city will deliver property owner opinion ballots
1862
via first class mail to property owners of record within the boundary of the
1863
proposed local historic district or thematic designation. The property owner
1864
opinion ballot is a nonbinding opinion poll to inform the city council of property
1865
owner interest re ag rding the designation of a local historic district. Each
1866
individual property in the proposed designation boundary, regardless of the
wo
LEGISLATIVE DRAFT
1867
number of owners having interest in any given property, will receive one propertX
1868
owner opinion ballot.
1869
1870
(1) A property owner is eligible to vote regardless of whether or not the property
1871
owner is an individual, a private entity, or a public entity
1872
1873
The city shall count no more than one property owner opinion ballot for:
1874
1875
(a) Each parcel within the boundaries of the proposed local historic district or
1876
area; or
1877
1878
(b) If the parcel contains a condominium project, each unit within the
1879
boundaries of the proposed local historic district or area; and
1880 (c) If a parcel or unit has more than one owner of record, the city shall count
1881 a property owner opinion ballot for the parcel or unit only, i�propertX
1882 owner opinion ballot reflects the vote of the property owners who own at
1883 least fifty percent(50%) interest in the parcel or unit.
1884
b. Property owners of record will have thigy (30) days from the postmark date of the
1885
property owner opinion ballot to submit a response to the city indicating the
1886
property owner's support or nonsupport of the proposed designation.
1887
1888
c. A letter shall be mailed to all property owners within the proposed local historic
1889
district or thematic designation whose property owner opinion ballot has not been
1890
received by the city within fifteen (15) days from the original postmark date. This
1891
follow up letter will encourage the property owners to submit a property owner
1892
opinion ballot prior to the thirty (30) dqy deadline date set by the mailingof f the
1893
first property owner opinion ballot.
1894
1895
10. Notification of Property Owner Opinion Balloting Results: Following the public
1896
opinion balloting for the proposed designation, the city will send notice of the results
1897
to all property owners within the proposed local historic district or thematic
1898
designation.
1899
1900
11. City Council Consideration: Following_ the transmittal of the recommendations of the
1901
historic landmark commission and the planning commission and the results of the
1902
property owner opinion ballot process, the city council shall hold a public hearing to
1903
consider the designation of a local historic district or thematic designation in
1904
accordance with the standards and procedures set forth in Chapter 2IA. 10, "General
1905
Annlication and Public Hearing Procedures". of this title and the following:
1906
1907
47
LEGISLATIVE DRAFT
1908
a. If the property owner opinion ballots returned equals at least two-thirds (2/3) of the
1909
total number of returned property owner support ballots and represents more than
1910
fifty percent ,50%, of the parcels and units (in the case of a condominium) within
1911
the proposed local historic district, area, or thematic designation, the city council
1912
may designate a local historic district or a thematic district by a simple majority
1913
vote.
1914
1915
b. If the number of property owner opinion ballots received does not meet the
1916
threshold identified in Subsection 21A.51.030.A.I La the city council may on1X
1917
designate a local historic district, area, or a thematic district by an affirmative vote
1918
of two-thirds (2/3) of the members of the city council.
1919
1920
c. If the number of property owner opinion ballots received in support and in
1921
opposition is equal, the city council may only designate a local historic district or
1922
a thematic district by a surer maioritv vote.
1923
1924 B. Process for Designation of a Landmark Site:
1925
1926 1. Application:
1927
1928 a. Parties Entitled to Submit Application: Any owner of property proposed for a
1929 landmark site, the mayor or the city council, by majority vote, may initiate a
1930 petition to consider the designation of a landmark site.
1931
1932 b. Submittal Requirements: Applications for landmark sites shall provide at least all
1933 of the information in Subsection 21A.51.030.A.2.b unless deemed unnecessM by
1934 the zoning administrator.
1935
1936 c. Fees: Application and noticing fees for designation of a landmark site shall not be
1937 required.
1938
1939 2. Notification to Community Organizations: Notification to recognized community
1940 organizations shall be provided as set forth in Section 2.60.050 of this code.
1941
1942 3. Public Hearings: A public hearing shall be held with both the historic landmark
1943 commission and the planning commission in accordance with the standards and
1944 procedures set forth in Chapter 21A.10, "General Application and Public Hearing
1945 Procedures", of this title. The historic landmark commission and planning
1946 commission shall recommend approval or denial of the proposal or the approval of
1947 some modification of the proposal and the recommendation will be submitted to the
1948 city council.
1949
LEGISLATIVE DRAFT
1950 4. City Council Consideration: Following_ the transmittal of the recommendations of the
1951 historic landmark commission and the planning commission, the city council shall
1952 hold a public hearing to consider the designation of a landmark site in accordance
1953 with the standards and procedures set forth in Chapter 21A.10, "General Application
1954 and Public Hearing Procedures", of this title. The city council may, bamajoritX
1955 vote, designate a landmark site.
1956
1957 C. City Council Decision: Following city council designation of a landmark site, local
1958 historic district or thematic designation, all of the properties located within the
1959 boundaries of the local historic district, landmark site, or thematic designation will be
1960 subject to the H Historic Preservation Overlay District and subject to the provisions of
1961 Section 21A.34.020. The zoning regulations will go into effect on the date of the
1962 publication of the ordinance unless otherwise noted on the adopted ordinance.
1963
1964 1. Designation Adoption: Designation of a landmark site, local historic district or
1965 thematic designation includes adoption of the historic survey and associated report
1966 submitted for the designation. Historic resource surveys may be updated pursuant to
1967 the provisions in Section 21A.51.080 or Subsection 21A.34.020.D.
1968
1969 2. Notice of Designation: Within thirty (30) days following the designation of a
1970 landmark site, local historic district or thematic designation, the city, shall
1971 notice of the action to all owners of property within the boundaries of the H Historic
1972 Preservation Overlay District. In addition, a notice shall be recorded in the office of
1973 the Salt Lake County Recorder for all lots or parcels within the area added to the H
1974 Historic Preservation Overlay District.
1975
1976 21A.51.040: LOCAL HISTORIC DESIGNATION CRITERIA:
1977 A. Standards for the Designation of a Landmark Site, Local Historic District or Thematic
1978 Designation: The proposed landmark site, local historic district, or thematic designation
1979 shall be evaluated according to the following_
1980
1981 1. Significance in local, regional, state or national history, architecture, engineering or
1982 culture, associated with at least one of the following:
1983
1984 a. Events that have made significant contribution to the important patterns of
1985 history, or
1986
1987 b. Lives of persons significant in the history of the city, region, state, or nation, or
1988
1989 c. The distinctive characteristics of a type, period of significance, or method of
1990 construction: or the work of a notable architect or master craftsman. or
1991
EM
LEGISLATIVE DRAFT
1992
d. Information important in the understanding of f the prehistory or history of Salt
1993
Lake Ci . ; and
1994
1995
2.
Historic integrity in terms of location, design, setting, materials, workmanship,
1996
feeling and association as defined in Section 21A.62.040. When analyzing historic
1997
integrity, the collective historic value of the buildings and structures in a local historic
1998
district taken together may be greater than the historic value of each individual
1999
building_ or structure in a district.
2000
2001
3.
The proposed landmark site, local historic district or thematic designation is listed, or
2002
is eligible to be listed on the National Register of Historic Places;
2003
2004
4.
The proposed designation contains notable examples of elements of the city's history;
2005
development patterns or architecture not typically found in other local historic
2006
districts within Salt Lake City;
2007
2008
5.
The designation is generally consistent with adopted planning policies, and
2009
2010
6.
The designation would be in the overall public interest.
2011
2012
B. Factors to Consider: The following factors may be considered by the historic landmark
2013
commission and the city council to help determine whether the proposed designation of a
2014
landmark site, local historic district or thematic designation meets the criteria listed
2015
above:
2016
2017
1.
Sites are of an age that allows insight into whether a property is sufficiently portant
2018
in the overall history of the community as identified in one or more periods of
2019
significance in a historic survey report. Typically, this is at least fift (50) years but
2020
could be less if the property has exceptional importance.
2021
2022
2.
Whether the proposed local historic district or thematic designation contains
2023
examples of elements of the city's history, development patterns and/or architecture
2024
that may not already be protected by other local historic districts within the city.
2025
2026
3.
Whether designation of the proposed local historic district or thematic designation
2027
would add important knowledge that advances the understanding of the city's history,
2028
development patterns and/or architecture.
2029
2030
4.
Whether approximately seventy five percent (75%) of the structures within the
2031
proposed boundaries are rated as contributing structures by the most recent applicable
2032
historic survev and those relate to identified significance and periods of significance.
2033
50
LEGISLATIVE DRAFT
2034 C. Boundaries of a Proposed Landmark Site: When applying the evaluation criteria in
2035 Subsection 21A.51.040.A, the boundaries of a landmark site shall be drawn to ensure that
2036 historical associations, that best enhance the integrity of the site comprise the boundaries.
2037
2038 D. Boundaries of a Proposed Local Historic District: When applying the evaluation criteria
2039 in Subsection 21A.51.040.A, the boundaries shall be drawn to ensure the local historic
2040 district:
2041
2042 1. Contains a significant density of documented sites, buildings, structures or features
2043 rated as contributing structures in a recent historic survey
2044
2045 2. Coincides with documented historic boundaries such as early roadways, canals,
2046 subdivision plats or grope . lines;
2047
2048 3. Coincides with logical physical or manmade features and reflect recognized
2049 neighborhood boundaries; and
2050
2051 4. Contains noncontributing resources or vacant land only where necessary to create
2052 appropriate boundaries to meet the criteria in Subsections 21A.51.040.A and
2053 21A.51.040.D.
2054
2055 E. Boundaries of a Proposed Thematic Designation: When applying the evaluation criteria
2056 of this section, the boundaries shall be drawn to ensure the thematic designation contains
2057 a collection of sites, buildings, structures, or features that are associated by historical,
2058 architectural, or aesthetic characteristics and contribute to the historic preservation _goals
2059 of Salt Lake Citv by motectina historical. architectural. or aesthetic interest or value.
go, E
2061 21A.51.050: EXISTING LOCAL HISTORIC AMENDMENT PROCESS:
2062
A. Applicability:
Existing Local Historic Amendments applies to the following_
2063
2064
1.
Expanding the boundaries of an existing landmark site, local historic district, or adding
2065
additional properties to an existing thematic designation,
2066
2.
Reducing the boundaries of an existing landmark site, local historic district, or
2067
removing properties from an existing thematic designation; and
2068
3.
Revocation of the designation of a landmark site.
2069
2070
B. Process for Amendments to Existing_ Local Historic Districts and Thematic Designations:
2071
2072
1.
ocal
Boundary Expansion: The process for expanding the boundaries of an existinglocal
2073
historic district or adding properties to a thematic designation shall be the same as
2074
outlined in Subsection 21A.51.030.A except that the following shall only apply to the
2075
properties being added into the proposed expanded boundary and do not apply to
51
LEGISLATIVE DRAFT
2076
those properties already designated in a local historic district or thematic desi nation
2077
and already subject to the H Historic Preservation Overlay District:
2078
2079
a. The notification to affected property owners described in Subsection
2080
21A.51.030.A.1.b;
2081
2082
b. The application submittal requirements for demonstrating support of 33% of the
2083
property owners described in Subsection 21A.51.030.A.2;
2084
2085
c. The property owner meeting described in Subsection 21A.51.030.A.6;
2086
2087
d. The opinion ballot described in Subsection 21A.51.030.A.9;
2088
2089
e. Notification of property owner opinion balloting results in Subsection
2090
21A.51.030.A.10; and
2091
2092
f. City council consideration opinion ballot thresholds described in Subsection
2093
21A.51.030.A.11.
2094
2. Boundary Reduction: The process for reducing the boundaries of an existinglocal
ocal
2095
historic district or removing properties from a thematic designation shall be the same
2096
as outlined in Subsection 21A.51.030.A except that:
2097
2098
a. The requirements described in Subsection 21A.51.050.B. La through f, shall on1X
2099
apply to those properties proposed to be removed from the local historic district or
2100
thematic designation and do not apply to those properties already designated in a
2101
local historic district or thematic designation and already subject to the H Historic
2102
Preservation Overlav District.
WIM,
2104 b. Fees: The application shall be accompanied b t�pplicable fees shown on the
2105 Salt Lake City consolidated fee schedule. The applicant shall also be responsible
2106 for payment of all fees established for providing the public notice required bX
2107 Chapter 21A.10 of this title. Applications filed by the city council, planning
2108 commission or the mayor shall not be required.
2109
2110 C. Amendments to Existing Landmark Sites:
2111
2112 1. Boundary Expansion or Reduction or Revocation: The process for expanding or
2113 reducing the boundaries of an existing landmark site or the revocation of the
2114 designation of a landmark site shall follow the steps outlined in Subsection
2115 21A.51.030.B in addition to:
2116
2117 a. Fees: Applications for reducing the boundaries of a landmark site or for the
2118 revocation of the designation of a landmark site shall be accompanied by the
2119 applicable fees shown on the Salt Lake City consolidated fee schedule. The
52
LEGISLATIVE DRAFT
2120 applicant shall also be responsible for payment of all fees established for
2121 providing the public notice required by Chqpter 21A.10 of this title. Applications
2122 filed by the city council, planning commission or the mayor shall not be required.
2123
2124 21A.51.060: EXISTING LOCAL HISTORIC AMENDMENT CRITERIA:
2125
2126 A. Expansion: A proposed expansion of the boundaries of an existing landmark site, local
2127 historic district, or the addition of properties to a thematic designation shall be considered
2128 utilizing the provisions of Subsections 2IA. 51.040.A through E and provided that new
2129 information indicates that the inclusion of additional properties would better convey the
2130 historical and architectural integrity of the landmark site, local historic district or
2131 thematic designation.
2132
2133 B. Reduction: A proposed reduction of the boundaries of an existing landmark site, local
2134 historic district or the removal of properties from a thematic designation shall
2135 demonstrate the properties have no longer met the criteria in Subsection 21A.51.040.A
2136 for inclusion within the landmark site, local historic district or thematic designation. The
2137 qualities that caused them to be originally included have been lost or destroyed, or such
2138 qualities were lost subsequent to the historic landmark commission recommendation and
2139 adoption of the designation.
2140
2141 C. Revocation of the Designation of a Landmark Site: A proposal for revocation of a
2142 landmark site shall demonstrate the property no longer meets the criteria in Subsection
2143 21A.51.040.A for which it was originally designated.
2144
2145 21A.51.070: LIMITATIONS:
2146
2147 A. If a local historic district or thematic designation proposal fails in accordance with the
2148 voting procedures set forth in Subsection 21A.51.030.A.9, a resident may not initiate the
2149 creation of a local historic district or thematic designation that includes more than fiftX
2150 percent (50%) of the same property as the failed local historic district or thematic
2151 designation proposal for four (4) years after the day on which the property owner opinion
2152 ballots for the vote were due.
2153 1. This determination shall be made by the zoning administrator upon receipt of an
2154 application pursuant to Section 21A.51.030 of this chapter. This provision shall not
2155 restrict the mayor or the city council from initiating a petition at any time for a new
2156 local historic district or thematic designation, or to amend the boundaries of a local
2157 historic district or the removal or addition of properties in a thematic designation. _
2158
2159 21A.51.080: HISTORIC RESOURCE SURVEYS
2160
53
LEGISLATIVE DRAFT
2161 A. Existing Historic Resource Survey historic resource survey that was conducted for
2162 the city prior to the amendment of this chapter shall be utilized by the planning director
2163 and the historic landmark commission in apply ingprovisions of Section 21A.34.020 the
2164 H Historic Preservation Overlay District. Any subsequent adoption of a historic resource
2165 survey will be done by ordinance in accordance with the provisions in this chapter and
2166 will supersede previous survey
2167
2168 B. Updates to Historic Resource Survey
2169
2170 1. Applicability: The city aims to update historic resource surveys on a periodic basis as
2171 recommended by the National Park Service. Updates to surveys are for land use
2172 purposes to determine periods of significance, to determine historic status of
2173 individual properties, to update the national register, and to keep archival records on
2174 historic properties. Updates to a historic resource survey for existing local historic
2175 district is subject to the following_:
2176
2177 a. The standards of the H Historic Preservation Overlaygpply to those properties
2178 within an adopted local historic district. An., o�properties evaluated in a
2179 historic resource survey outside the boundary of a designated local district or
2180 thematic designation will not be subject to the land use regulations associated
2181 with historic status designations in the H Historic Preservation Overlay District.
2182
2183 b. An updated historic resource survey maintains the boundaries of a local historic or
2184
the properties within a thematic designation but may update the historic status of
2185
properties within the adopted H Historic Preservation Overlay District.
2186
2187
c. Historic Status Determinations: Instances where the historic status of an
2188
individual property within a local historic district is in question, the zoning
2189
administrator will use the provisions of Subsection 21A.34.020.D to make a
2190
timely determination.
2191
2192
d. Any properties changing status from the most recent historic resource survey shall
2193
be specifically identified in the updated survey and their period of significance
2194
and historic status listed.
2195
2196
2. Process for Updating Historic Resource Survey
2197
2198
a. Public Hearings: A public hearing shall be held with both the historic landmark
2199
commission and the planning commission in accordance with the standards and
2200
procedures set forth in Chapter 2IA. 10, "General Application and Public Hearing
2201
Procedures", of this title. The historic landmark commission and planning
2202
commission shall recommend approval or denial of the updated historic resource
54
LEGISLATIVE DRAFT
2203
survey or the approval of some modification of the updated historic resource
2204
survey and the recommendation will be submitted to the city council.
2205
2206
b. City Council: Following the transmittal of the historic landmark commission's
2207
recommendation, the city council shall hold a public hearing to consider adopting
2208
the updated historic survey in accordance with the procedures set forth in Chapter
2209
2IA. 10, "General Application and Public Hearing Procedures", of this title. The
2210
city council may, by a majority vote, adopt the updated historic resource survey_
2211
In deciding _ to o adopt an updated historic resource survey, the city council may
2212
consider the following in their decision making_
2213
2214
Any benefit or impact that extending the period of significance would have on
2215
the local district or thematic designation and the city;.
2216
2217
(2) Anyperiod of significance in the updated survey is identified and
2218
associated with at least one of the following:
2219
2220
(a) Events that have made significant contribution to the important patterns of
2221
history, or
2222 (b) Lives of persons significant in the history of the city, region, state, or
2223 nation, or
2224 (c) The distinctive characteristics of a type, period of significance or method
2225 of construction; or the work of a notable architect or master craftsman, or
2226 (d) Information important in the understanding _ of f the prehistory or history of
2227 Salt Lake City, and
2228
(3)
Any properties within a new period of significance will be assessed for
2229
aspects of integrity in terms of location, design, setting, materials,
2230
workmanship, feeling and association as defined by the National Park Service
2231
Aspects of integrity. When analog integrity, the collective historic value of
2232
the buildings and structures in a local historic district taken together may be
2233
greater than the historic value of each individual building or structure in a
2234
district. If integrity is intact, the property is denoted as contributingin n the
2235
updated survey;
2236
2237
(4)
Any notable examples of elements of the city's history, development patterns
2238
or architecture not typically found in other local historic districts within Salt
2239
Lake City are specifically identified for anyperiods of significance in the
2240
updated survey;
2241
2242
(5)
The historic survey update would be in the overall public interest.
55
LEGISLATIVE DRAFT
2243
2244 C. City Council Action: If an updated historic resource survey is adopted by the city council,
2245 the updated historic resource survey including any updated historic status designations
2246 shall be used when applying provisions of the H Historic Preservation Overlay District in
2247 Section 21A.34.020. The decision to update a historic resource survev will ao into effect
2248 on the date of the publication of the related ordinance unless otherwise noted on the
2249 adopted ordinance.
2250
2251
2252 21A.51.090: APPEAL OF DECISION:
2253
2254 Any party adversely affected by the decision of the city council may, within thin.) days
2255 after such decision, file a petition for review to the District Court pursuant to the Municipal
2256 Land Use Development and Management Act, Section 10-9a-801, of the Utah Code.
2257
2258 SECTION 11. Amending the Text of Salt Lake City Code Section 21A.60.020. That Section
2259 21A.60.020 of the Salt Lake City Code (Zoning: List of Terms: List of Defined Terms) shall be and
2260 hereby is amended to add the following terms in the list of defined terms to be inserted into that list
2261 in alphabetical order:
2262 Contributing Structure
2263 Noncontributing Structure
2264 Demolition (as it applies to properties within the H Historic Preservation Overlay District)
2265 Demolition, Partial (as it applies to properties within the H Historic Preservation Overlay
2266 District
2267 Historic Design Guidelines
2268 Historic Integrity
2269 Economic Hardship
2270 Historic Resource Survey
2271 Landmark Site
2272 Local Historic District
2273 Period of Significance
2274 Thematic Designation
2275 Willful Neglect
2276
2277 SECTION 12. Amending the Text of Salt Lake City Code Section 21A.62.040. That
2278 Section 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms) shall
56
LEGISLATIVE DRAFT
2279 be and hereby is amended to add the following definitions, which shall be inserted in
2280 alphabetical order and shall read as follows:
2281
2282 CONTRIBUTING STRUCTURE: A structure or site within the H historic preservation
2283 overlay district that has been determined through the process outlined in Section
2284 21A.51.040, or an adopted historic resource survey, or Subsection 21A.34.020.D, to
2285 _ generally retain historic integrity. When analog historic integrity of a building as part
2286 of a local historic district, the collective historic value of the buildings and structures in a
2287 local historic district taken together may be greater than the historic value of each
2288 individual building or structure in a district. A contributing structure generally has its
2289 major character defining features intact and although minor alterations may have
2290 occurred, they are generally reversible.
2291
2292 DEMOLITION (AS IT APPLIES TO PROPERTIES WITHIN THE H HISTORIC
2293 PRESERVATION OVERLAY DISTRICT): ALiy act or process which destroys a structure,
2294 object t or property within the H Historic Preservation Overlay District or a landmark site.
2295 (See definition of demolition, partial.)
2296
2297 DEMOLITION, PARTIAL (AS IT APPLIES TO PROPERTIES WITHIN THE H
2298 HISTORIC PRESERVATION OVERLAY DISTRICT): Partial demolition includes any act
2299 which destroys portion of a structure consisting of not more than twenty five percent (25%)
2300 of the floor area of the structure, and where the portion of the structure to be demolished is
2301 not readily visible from the street. Partial demolition also includes the demolition or removal
2302 of additions or materials not of the historic period on any exterior elevation exceedingtwep1y
2303 five percent (25%) when the demolition is part of an act of restoring original historic
2304 elements of a structure and/or restoring a structure to its historical mass and size.
2305
2306 ECONOMIC HARDSHIP: Denial of a property owner of all reasonable beneficial or
2307 economicallv viable use of a property without iust compensation.
f/ 1:
2309 HISTORIC DESIGN GUIDELINES: The historic design guidelines provide guidance in
2310 determining the suitability and architectural compatibility of proposed maintenance, repair,
2311 alteration or new construction while at the same time, allowing for reasonable changes
2312 meet current needs of properties located within the H Historic Preservation Overlay District.
2313 For architects, designers, contractors and property owners, they provide guidance in planning
2314 and designing future projects. For city staff and the historic landmark commission, they
2315 provide guidance for the interpretation of the zoning ordinance standards. Design guidelines
2316 are officially adopted by city council.
2317
2318 HISTORIC INTEGRITY: The abilityproperty to convey its historical associations or
2319 attributes. As defined by the National Park Service, the following aspects or qualities, in
2320 various combinations, define historic integrity:
2321 Location- Location is the place where the historic property was constructed or the
2322 place where a historic event occurred.
57
LEGISLATIVE DRAFT
2323
2324 Design: Design is the combination of elements that create the form, plan, space,
2325 structure, ands . le of a property.
2326
2327 Setting: Settingiphysical environment of a historic property.
2328
2329 Materials: Materials are the physical elements that were combined or deposited
2330 during a particular period of time and in a particular pattern or configuration to form a
2331 historic property.
2332
2333 Workmanship: Workmanship is the physical evidence of the crafts of a particular
2334 culture or people during and given period in histor.
2335
2336 Feeling: Feeling is a property's expression of the aesthetic or historic sense of a
2337 particular period of time.
2338
2339 Association: Association is the direct link between an important historic event or
2340 person and a historic property.
2341
2342 HISTORIC RESOURCE SURVEY: A systematic resource for identifying and evaluating the
2343 quantity and quality of historic resources for land use planningspurposes following the
2344 guidelines and forms of the Utah State Historic Preservation Office. Historic resource
2345 surveys shall be prepared by qualified professional meeting the minimum professional
2346 qualifications defined by the U.S. National Park Service in the fields of history, archeology,
2347 architectural historv. architecture. or historic architecture.
2348
2349 LANDMARK SITE: Any historic site that has been designated in accordance with
2350 Subsection 21A.51.030.B or any site on the Salt Lake City Register of Cultural Resources. A
2351 landmark site includes an individual building, structure or feature or an integratedgroup of
2352 buildings, structures or features on a single site. Such sites are of exceptional importance to
2353 the city, state, region or nation and impart high artistic, historic or cultural values. A
2354 landmark site clearly conveys a sense of time and place and enables the public to interpret the
2355 historic character of the site. Landmark sites are subject to the regulations of Section
2356 21A.34.020, the H Historic Preservation Overlay District.
2357
2358 LOCAL HISTORIC DISTRICT: A contiguous geographically definable area with a
2359 minimum district size of one "block face", as defined in Section 21A.62.040, designated bX
2360 the city council pursuant to the provisions in Subsection 21A.51.030.A, which contains
2361 buildings, structures, sites, objects, landscape features, archaeological sites and works of art,
2362 or a combination thereof, that contributes to the historic preservation goals of Salt Lake City.
2363 All properties within a local historic district are subject to the regulations of Section
2364 21A.34.020 the H Historic Preservation Overlay District.
2365
2366 NONCONTRIBUTING STRUCTURE: A structure or site within the H Historic
2367 Preservation Overlay District that has been determined noncontributing through hrough the
2368 process outlined in Section 21A.51.040, or an adopted historic resource survey, or
LEGISLATIVE DRAFT
2369 Subsection 21A.34.020.D, and does not retain historic integrity. The major character
2370 defining features have been so altered as to make the historic form, materials or details
2371 indistinguishable and such alterations are irreversible. Noncontributing structures may
2372 also include those rated out of period, and therefore, they are not representative of a
2373 period of significance as identified in an adopted historic resource survey_
2374 PERIOD OF SIGNIFICANCE: The period of significance is the period when the historic
2375 events associated with a local historic district, thematic designation, or landmark site
2376 occurred. This period must reflect the dates associated with the property or site, or in the case
2377 of a district, the collection of properties within the district. A period of significance may be
2378 thousands of years in the case of an archeological property), several years, or even a few
2379 days, depending on the duration of the event. There may be multiple periods of significance
2380 associated with a local historic district, thematic designation, or landmark site.
2381 THEMATIC DESIGNATION: A collection of individual sites, buildings, structures, or
2382 features designated by City Council pursuant to the provisions in Subsection 21A.51.030.A,
2383 which are contained in two (2) or more geographically separate areas that are united to eg ther
2384 by historical, architectural, or aesthetic characteristics and contribute to the historic
2385 preservation goals of Salt Lake City by protecting historical, architectural, or aesthetic
2386 interest or value. All properties within a thematic designation are subject to the regulations of
2387 Section 21A.34.020 the H Historic Preservation Overlay District.
2388
2389 WILLFUL NEGLECT: The intentional absence of routine maintenance and repair of a
2390 building over time.
2391
2392 SECTION 13. Amending the Consolidated Fee Schedule. That the section of the Salt
2393 Lake City consolidated fee schedule titled, "Zoning Fees" shall be and hereby is amended to read
2394 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
AlleyVacation Closure
$285
Fee waiver available if adequate signatures are obtained.
14.52.030. A.5
See also fee for required public notices (21A.10.010.E)
Alternative Parking
Residential
$428
21A.52.040 .A.3
Nonresidential
$785
21A.52.040 .A.3
Amendments
F
Utah Code
Master plan
$1,070 Plus $121 per acre in excess of one acre. See also fee for
Annoted
required public notices (10.9a.204).
10.9A.510
59
LEGISLATIVE DRAFT
Zoning map amendment
$1,142
Plus $121 per acre in excess of one acre. See also fee for
21A.50.040.13
required public notices (21A.10.010.E).
Zoning text amendment
$1,142
See also fee for required public notices (21A.10.010.E)
21A.50.040.13
Utah Code
Annexation
$1,427
See also fee for required public notices (21A.10.010.E)
Annoted
10.2.401.5
Appeal of a Decision
Administrative decision
$285
See also fee for required public notices (21A.10.010.E)
21A.16.030.13
Historic Landmark Commission
$285
See also fee for required public notices (21A.10.010.E)
21A.16.030.13
Planning Commission
$285
See also fee for required public notices (21A.10.010.E)
21A.16.030.13
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 $285 21A.46.160.D.3 &
demolition of a non -conforming billboard 21A.46.160.L.2
Conditional Buildingand Site Design Review Plus $121 per acre in excess of one acre. See also fee for
g $856 21A.59.070.B
required public notices (21A.10.010.E).
Conditional Use $856 See also fee for required public notices (21.A.10.010.E). 21A.54.060.0
Condominium
Prelimina Plus $37 per unit. See also fee for required public notices
ry $571 20.56.40.E
(21.A.10.010.E).
Final
$428
Plus $24 per unit.
20.56.40.13
Declaration of Surplus Real Property
$428
2.58.040
Historic Landmarks Commission Review (Application)
Major Alterations of a principal building
$36
See also fee for required public notices (21A.10.010.E)
21A.34.020
100
$285
21A.34.020
_
New construction of a principal building
See also fee for required public notices (21A.10.010.E)
2 882
Demolition of a contributing principal building
$574
See also fee for required public notices (21A.10.010.E)
21A.34.020
2 406
$285
21A.34.020
Relocation of a contributing principal building
See also fee for required public notices (21A.10.010.E)
303
Reduction to boundaries of the H Historic Pres.
$2.999
See also fee for required public notices (2iA.io.oio E)
2iA.5i.o5o
Overla District
Revocation of a Landmark Site
$2.999
See also fee for required public notices (21A.1o.oio E)
RIA3. .050
Economic Hardship
2 0 o
Plus $200/hour up to $20,000. See also fee for required
2iAsa.o2o
public notices (21A.1o.oio.E)
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
I 21A.40.065
Outdoor Dining Permit Fee (6 or more tables)
$180
I 21A.40.065
Planned Development Plus $121 per acre in excess of (1) acre. See also fee for
p $856 21A.55
required public notices (21A.10.010.E)
Signs
LEGISLATIVE DRAFT
Based on
Permit fee for signs
the adopted
21A.46.030
Building
Permit Fee
Schedule
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 Emeeptilen
'l i AZ1T1 52 pTpT7
1 A I /l 0111 E)
2
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
20.04.120
(20.36)
Subdivision Preliminary Plat
$428
Plus $121 per lot. See also fee for required public notices
20.04.120
(20.36)
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
5% of the
st
Engineering Review and Inspection Fee
$1001 00 of
20.04.120
public
improvemen
is & 2% for
the amount
above
$100,000
Subdivision Lot Line Adjustment
$284
20.04.120
Subdivision Consolidating Lots
$273
20.04.120
Temporary Uses
$285
I 21A.42.060.B
Zoning Variance
$428
See also fee for required public notices (21A.10.010.E)
I 21A.18.040.13
As per applicable sections of the Ccity and / or Sstate Gcode, 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 Aordinance and Sstate
Claw: Salt Lake City Code Subsection 21A.10.010.E and Utah State Code Annetated 110.9a.201 Section 10-9a-501. and 510
2395
2396
2397 SECTION 14. Effective Date. This Ordinance shall become effective on the date of its
2398 first publication.
2399
2400 2023.
2401
2402
2403
2404
2405
Passed by the City Council of Salt Lake City, Utah, this day of ,
ATTEST AND COUNTERSIGN:
61
CHAIRPERSON
LEGISLATIVE DRAFT
2406 CITY RECORDER
2407
2408 Transmitted to Mayor on
2409
2410
2411 Mayor's Action: Approved.
2412
2413
2414 MAYOR
2415
2416 CITY RECORDER
2417 (SEAL)
2418
2419 Bill No. of 2023.
2420 Published:
2421 Ordinance amending H Historic Preservation Overlay District regs (legislative) 6.29.23
Vetoed.
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 listsery
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 listsery
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 am..t�psongslcgov.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
y +MEMORANDUM
Neeabmhaods Dka-t ; Fr Too Plannoxg Dat-dx
From I y, DEPW�PIMFHng DiTK-'bor
DatE;'�3 201�3
Fla IuAkbLbPebhmtDAmmaTEd in+he Z=g C"ImmoLLb update ffie H ffid a P>navabon
Ova*
The Plante Division is requesting that a tent amendment be initiated to primarily update the H
Historic Presenation Overlay zoning district subchapter wtthin the zoning ordinance.
The purpose of this is to wort is tenfold; to make the ordinance easier to use for applicants, property
owmerR staff} and the Historic Landmark Com mu=n in its admiiaistratiom During so u?M add dar&
to existing presses asisA as create new processes to strengthen our con rr„zUon of historic
districts andhuddings -h3thin Salt Lake City.
The amendment supports the City's adopted policies related to maiatai� pla= that pro Ade a
foundation for the city to affirm ow past by reinforcement and presen-ation of dktrict character
through a Rur% adoption process that is robust in its remew and transparent to the public. Part of
this effort is to create a survey adoption prowm that w-iIl aid in understanding of the his4orie value of
our districts but also of indnridual buildings. Ln the end, the amendment helps the city balance the
need for presmati,on with flexibft for chafe in growth when the situation arises.
TIm amendment is intended to do the following:
■ Clardy and reorganim the chapter so repetition is removed and process steps are clear,
■ Adds the ab hly to deny a C&tiwate of Appropriateness at an adTMni<strat -we leM when
ut.�l are not met as a amli miag measure for the Historic Landman Commission's
time.
■ Adds jurisdiction & authority language to reflect duties that arent ourrently lysted:
a. Review-ing local hiEtoncdistrict an,endmmnts.
b_ RevieK ofNabonal REDstu nominations/amendments whi&its a Cer� LoralCTmrt.
duty.
c. Recommend to the City Council de,,,elopment of inc.a prams.
d- Any other needed language not currenth refl del
■ Adds language to local historic district standarL/factors to record, consider and finally adopt
periods of sign& nce as part of a kcal historic di`9trid designation. Adds process to have
Cd—_yCounal adopt accompanying hiishorinc survey.
■ Oreates a new process for City Council adoption of and amendments to historic resource
sur4 s -which is currently absent from the code. Allows the admiuistratiionto use emstmg
sunTys until new sums are condac:ted> reviewed and adopted by Couna
& LT Loam CRY CORPDRADm
4E1 SOUTH 3TALTE 3TREEr, ROOM 406 VVWW SLC.GO1
PO BCIX 145j!�0 SALT LAKE CTTY, LFF &111-0'54M TEL 831 -Mrr= =AX *0133E-617i
■ Creates a new process and factors to consider historic soNey property status changes in aty
records, ie. Coatribjti.ag or noncoatribjtigg states.
■ Moves definitions to the Definition chapter of the zoning ordinance,
• Amends several demons to be clearer and to reflect the nett- created processes,
specifically contribu buildings, landmark sites, noncontributing buildings and any other
ulentified definition that needs clar .
• Moves the local historic designation process, vdach is an amendment process, to the map
amendment chapter of the ordinance.
• Adds in the ability to renew an solar panels at an administrate level. Currently, the Historic
Landmark Commission is required to m ievr solar panel on the front facade of a budding.
■ Amy other one t�n� in language needed to cla*, current processes, practices: polies to
aid in adnrciniv¢tratioaof the H Historic Presen-AoaO�wlay.
As part of the process, the Plante Di;isba-%lllfoDowthe Cit3' afttioaprocess for zoningted
amendments, wh" includes citizen input and public hearings with the Historic Landmark
Commission, Phuu ing Conimi cion and City- Council, Changes -%3Dbe made to Tithe 21A; Zoning
Ordinance but other chapters w-Am the city code may also be changed if identified as necessary.
This memo include; a signature block to initiate the petition if that is the decided course of action. If
the decided course of action is to not initiate the application, the signature block can remain blank
Please notify the Pl,�n� Dim -non when the memoir signed orifthe decision is made to not initiate
the petition.
Please contact me at :3$5-2i4- = or michaela,ok tavaslcgoy.com if you ha -,we any. gaesUoas. Thank
V ou ,
Concurrence to initiate the zoning feat amexd<yne n f p?t fi un as noted -above.
Enn� nFsl� }n 0/0/0
Erin MendeE&Al. Mayer )sate
* Pao 2
5) PUBLIC COMMENT RECEIVED AFTER
PUBLICATION OF THE STAFF REPORT
From: cindy Cromer
To: Thompson. Amv
Subject: (EXTERNAL) comment to the Planning Commission re the Ordinance for Historic Preservation
Date: Wednesday, May 24, 2023 3:35:14 PM
Caution: This is an external email. Please be cautious when clicking links or opening
attachments.
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.
H Historic Preservation Overlay Text Amendment Proposal
Thompson, Amy <Amy.Thompson@slcgov.com>
Mon 3/13/2023 4:12 PM
To: Central City 3 t, >
5 1 attachments (739 KB)
Ordinance Combined -March 10, 2023.pdf;
Hi Cindy,
This is a courtesy email related to the draft for changes to the H Historic Preservation Overlay District —
I know this is one you will be particularly interested in, so I wanted to get it to you as early as possible. I
just started the 45-day notice period for recognized organizations today and the virtual open house with
all this info will be posted next Monday. I've attached the draft for your review and comments. I've added
a few comments within the PDF that explain what's happening (ie: this is new, this is being moved, etc.).
This proposed text amendment is intended to do the following:
-Clarify and reorganize chapter 21A.34.020 (the H Historic Preservation Overlay) so repetition is
removed, and process steps are clear;
-Adds the ability for the Planning Director to deny a Certificate of Appropriateness when standards are
not met as a streamlining measure for the Historic Landmark Commission's time;
-Adds jurisdiction & authority language to reflect duties that aren't currently listed;
-Adds process to have City Council adopt accompanying historic survey for local historic designations
and subsequent survey updates;
-Creates a new process and considerations for historic status determinations (ie: whether the structure is
contributing or noncontributing) for individual properties within local historic districts in certain
circumstances;
-Moves the process and standards for local historic amendments and designation from
chapter2z.A..34.020 to a new chapter— 21A.51— Local Historic Designation and Amendments;
-Moves definitions from 21A.34.020 to the Definition chapter of the zoning ordinance — 21A.62;
-Amends several definitions to be clearer and to reflect the newly created processes, specifically
contributing buildings, landmark sites, noncontributing buildings and any other identified definition
that needs clarity;
-Adds in the ability to review all solar panels at an administrative level. Currently, the Historic
Landmark Commission is required to review solar panels on the front facade of a building;
-Any other fine tuning in language needed to clarify current processes, practices and policies to aid in
administration of the H Historic Preservation Overlay.
Please reach out if you have any questions or comments. Thanks!
, V K4F_
v �
V. K
�841
AMY THOMPSON (ShejHei•)
Planning Manager
PLANNING DIVISION SALT LAKE CITY CORPORATION
phone: (801) 535-7281
Email: Amy.Ttinm son &slcgov.com
WWWSLC.GOV/PLANNING WWW_SLC.GOV
comment to the HLC re Preservation Ordinance, 5/4
cindy Cromer
Tue 5723/2023 7:18 AM
To: cindy cromer <I >
Amy-1 have typed my remarks on the proposed ordinance which were hand-written when I delivered
them to the Landmarks Commission on 5/4/23. Please forward them to the Planning Commission. I will
have additional remarks Wednesday night for the Planning Commission since the remarks below were
obviously not sufficient to get the Landmark Commissioners' attention on 5/4.
Sincerely, cindy c.
I grew up in the South. When you enter by the front door, you leave by the front door, thanking the
hosts on your way out. What the City is doing by establishing a process to change contributory status
without a public process amounts to going in the front door and slipping out the back door without
saying a word.
When Amy Thompson thoughtfully sent me information about the project ❑n March 13, she wrote
(highlighted on the next page), "Adds process to have City Council adopt accompanying historic survey
for local historic designations and subsequent survey updates." What this says to me is that surveys will
be ordinances under this proposal although I believe historic districts and the designations of
contributory and noncontributory are already ordinances. They are clearly functioning as land use
regulations. How else would the City be regulating changes? Through what authority? If a property
owner wants to change the status, then the change affects land use. Reversing the public process which
occurs during the survey cannot occur administratively, as the proposal suggests.
Even if you don't buy my argument about leaving through the back door, or my argument about land use
regulation, you can certainly understand that if an abutting property owner is intent on demolition and
wants to change the status of his/her building, I need to know to protect my own investment because
the reality is increased risk of trespass, fire, vacancy, and vandalism. I have been tracking fires in the
Central City and Bryant neighborhoods for 40 years. I have a right to know when the City changes the
ground rules around my investments without a public process.