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Updated Ordinance - 8/8/2023SALT LAKE CITY ORDINANCE No. _____ of 2023 (An ordinance amending various sections of the Salt Lake City Code pertaining to carriage houses in the H Historic Preservation Overlay District) An ordinance amending various sections of the Salt Lake City Code pursuant to Petition No. PLNPCM2020-00106 pertaining to carriage houses in the H Historic Preservation Overlay District. WHEREAS, the Salt Lake City Historic Landmark Commission (“Historic Landmark Commission”) held a public hearing on July 16, 2020 to consider a petition submitted by Stephen Pace (Petition No. PLNPCM2020-00106) to amend various sections of the Salt Lake City Code to create regulations regarding reconstruction of carriage houses in the H Historic Preservation Overlay District; and WHEREAS, at its July 16, 2020 meeting the Historic Landmark Commission voted in favor of transmitting a negative recommendation to the Salt Lake City Planning Commission (“Planning Commission”) and Salt Lake City Council (“City Council”); and WHEREAS, the Planning Commission held a public hearing on February 23, 2022 to consider said petition; and WHEREAS, at its February 23, 2022 meeting, the Planning Commission voted in favor of transmitting a negative recommendation to the City Council on said petition; and WHEREAS, following a public hearing on this matter the City Council has determined that adopting this ordinance is in the city’s best interests. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Amending Subsection 21A.34.020.F.2.a of the Salt Lake City Code. That Subsection 21A.34.020.F.2.a of the Salt Lake City Code (Zoning: Overlay Districts: H Historic Preservation Overlay District: Procedure for Issuance of Certificate of Appropriateness: Historic Landmark Commission: Types of Construction) shall be, and hereby is amended to read as follows: a. Types of Construction: The following shall be reviewed by the historic landmark commission: (1) Substantial alteration or addition to a landmark site or contributing site, building, and/or structure; (2) New construction of principal building in H Historic Preservation Overlay District; (3) Relocation of landmark site or contributing principal building; (4) Demolition of landmark site or contributing principal building; (5) Applications for administrative approval referred by the planning director; (6) Installation of solar energy collection systems on the front facade of the principal building in a location most compatible with the character defining features of the home pursuant to Section 21A.40.190 of this title; and (7) Reconstruction of a carriage house on a landmark site. SECTION 2. Adopting Subsection 21A.34.020.Q of the Salt Lake City Code. That Section 21A.34.020 of the Salt Lake City Code (Zoning: Overlay Districts: H Historic Preservation Overlay District) shall be, and hereby is amended to add a new Subsection 21A.34.020.Q, which shall read as follows: Q. Reconstruction of a Carriage House in the H Historic Preservation Overlay District: 1. Applicability: The reconstruction of a historic carriage house is allowed if the following criteria are satisfied: a. The property and address are a landmark site. For the purpose of this section, any site that has been further subdivided since the construction of the last principal building on the site shall be considered part of the landmark site. b. Documentation has been provided that indicates a carriage house associated with the historic period of the landmark site existed on the site. Documentation may include any property related record, prior survey, photographs, site plans, or similar records. It is the responsibility of the applicant to provide the necessary documentation and justification for the proposed dimensions and details of the carriage house that is proposed to be reconstructed. Documentation shall provide sufficient detail to estimate the approximate details of the carriage house, including: (1) The approximate location of the carriage house on the site and estimated setbacks; (2) The approximate footprint shape and size; (3) The approximate shape, slope, and details of the roof of the structure proposed to be reconstructed; (4) The approximate height of the structure in feet, based on the scale of existing buildings or structures that are also visible in historic documentation or the dimensions of the historic building materials, if available. The approximate height shall include wall height and roof height; and (5) The location, arrangement, size, and details of any window or door, including carriage entries. 2. Application Requirements: An application to reconstruct a historic carriage house shall be considered an application for new construction and include all the application requirements for new construction in this section and documentation requirements in Subsection 1.b above. 3. Approval Standards: An application to reconstruct a historic carriage house shall be subject to the following standards. An application shall be approved if the following standards are complied with: a. Reconstruction shall only be used to depict vanished or non-surviving portion of a property when documentary and physical evidence is available to permit accurate reconstruction with minimal conjecture; b. Reconstruction will include measures to preserve any remaining historic materials, features, and spatial relationships; c. Reconstruction will be based on the accurate duplication of historic features and elements substantiated by documentary or physical evidence rather than on conjectural designs or the availability of different features from other historic properties. A reconstructed property will re-create the appearance of the non- surviving historic property in materials, design, color, and texture; d. Proposed designs that were never executed historically will not be constructed or considered; e. The proposed carriage house shall match the footprint size, shape, and location on the property based on the historic documentation provided by the applicant. Historic documentation shall be used to approximate the location and dimensions of the structure; f. The proposed carriage house shall match the approximate roof shape of the original carriage house; g. The entryways into the house, including reconstructed entryways for carriages, shall approximately match historic entryways commonly found on carriage houses from the same era as the original carriage house; and h. Impacts to adjacent properties, including but not limited to solar access, noise, light trespass, refuse storage, and mechanical equipment locations, parking locations, have been mitigate or can be mitigated through the site layout, appropriate buffering, and/or building designs. 4. Complying With Additional Codes: An application approved under this section shall comply with all applicable codes, regulations and engineering standards that have been adopted by the State of Utah or the city. 5. Subdivision Prohibited: Further subdivision of the property after approval of a reconstruction under this section is prohibited and portions of Section 21A.38.060 authorizing subdivisions of lots with more than two principal buildings shall not be applicable. 6. Allowed Uses After Reconstruction: The following uses shall be allowed in a reconstructed carriage house approved under this section: a. A single family dwelling, regardless of lot area, lot width or street frontage; b. Any accessory use authorized in the underlying zoning district or overlay district; or c. Accessory dwelling units subject to the applicable regulations for accessory dwelling units. 7. Modifications Authorized: In considering a proposal to reconstruct a carriage house under this section, the historic landmark commission may modify the following standards upon finding that the proposal complies with the applicable standards: a. Minimum lot area when the lot does not contain the minimum lot area for an additional dwelling unit; b. Modifications to Sections 21A.36.010 and 21A.36.020; and c. Any authorized modification identified in 21A.06.050. 8. Updated Intensive Level Survey Required: If approved, the applicant shall provide the city and updated intensive level survey to document the changes to the site. SECTION 3. Amending the Text of Salt Lake City Code Section 21A.62.040. That Section 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms) shall be and hereby is amended to add the definition of “CARRIAGE HOUSE”, which definition shall be inserted in alphabetical order and shall read as follows: CARRIAGE HOUSE: A physically detached, secondary structure originally constructed to house horse-drawn vehicles and related equipment, or horses, or used to store grain or shelter animals; all related to serving the private transportation needs of the owner/residents of the primary structure located on the same or adjacent property. Some examples incorporate a hay loft, second story or half-story, or open interior space, and may have provided housing for people who worked or provided service to the site. SECTION 4. Effective Date. This ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 2023. ______________________________ CHAIRPERSON ATTEST AND COUNTERSIGN: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor’s Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2023. Ordinance adopting carriage house reconstruction regs (final) APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:__________________________________ By: ___________________________________ Paul C. Nielson, Senior City Attorney August 1, 2023