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