Updated Ordinance - 11/7/20231
SALT LAKE CITY ORDINANCE
No. _____ of 202_
(An ordinance amending various sections of Title 21A of the Salt Lake City Code
pertaining to the H Historic Preservation Overlay District and
amending the consolidated fee schedule.)
An ordinance amending various sections of Title 21A of the Salt Lake City Code and the
consolidated fee schedule pursuant to Petition No. PLNPCM2023-00123 pertaining to the H
Historic Preservation Overlay District.
WHEREAS, on May 4, 2023, the Salt Lake City Historic Landmark Commission
(“Landmark Commission”) held a public hearing to consider a petition submitted by Mayor Erin
Mendenhall (“Applicant”) (Petition No. PLNPCM2023-00123) to amend various sections of
Title 21A of the Salt Lake City Code pertaining to the H Historic Preservation Overlay District;
and
WHEREAS, at its May 4, 2023 meeting, the Landmark Commission voted in favor of
transmitting a positive recommendation to the Salt Lake City Planning Commission (“Planning
Commission”) and the Salt Lake City Council (“City Council”) on said petition; and
WHEREAS, on May 24, 2023 the Planning Commission held a public hearing on said
petition; and
WHEREAS, at its May 24, 2023 meeting, the Planning Commission voted in favor of
transmitting a positive recommendation to the City Council on said petition; and
WHEREAS, after a public hearing on this matter the city council has determined that
adopting this ordinance is in the city’s best interests.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
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SECTION 1. Amending the text of Salt Lake City Code Section 21A.06.040. That
Section 21A.06.040 of the Salt Lake City Code (Zoning: Decision Making Bodies and Officials:
Appeals Hearing Officer) shall be, and hereby is amended to read as follows:
21A.06.040: APPEALS HEARING OFFICER:
A. Creation: The position of appeals hearing officer is created pursuant to the enabling
authority granted by the Municipal Land Use, Development, and Management Act,
Section 10-9a-701 of the Utah Code.
B. Jurisdiction and Authority: The appeals hearing officer shall have the following powers
and duties in connection with the implementation of this title:
1. Hear and decide appeals from any administrative decision made by the zoning
administrator in the administration or the enforcement of this title pursuant to the
procedures and standards set forth in Chapter 21A.16, “Appeals of Administrative
Decisions”, of this title;
2. Authorize variances from the terms of this title pursuant to the procedures and
standards set forth in Chapter 21A.18, “Variances”, of this title;
3. Hear and decide appeals of any decision made by the historic landmark commission,
or the planning director in the case of administrative decisions, pursuant to the
procedures and standards set forth in Section 21A.34.020, “H Historic Preservation
Overlay District”, of this title;
4. Hear and decide appeals from decisions made by the planning commission
concerning subdivisions or subdivision amendments pursuant to the procedures and
standards set forth in title 20, “Subdivisions and Condominiums”, of this code; and
5. Hear and decide appeals from administrative decisions made by the planning
commission pursuant to the procedures and standards set forth in this title.
C. Qualifications: The appeals hearing officer shall be appointed by the mayor with the
advice and consent of the city council. The mayor may appoint more than one appeals
hearing officer, but only one appeals hearing officer shall consider and decide upon any
matter properly presented for appeals hearing officer review. The appeals hearing officer
may serve a maximum of two (2) consecutive full terms of five (5) years each. The
appeals hearing officer shall either be law trained or have significant experience with
land use laws and the requirements and operations of administrative hearing processes.
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D. Conflict of Interest: The appeals hearing officer shall not participate in any appeal in
which the appeals hearing officer has a conflict of interest prohibited by Title 2, Chapter
2.44 of this code.
E. Removal of The Appeals Hearing Officer: The appeals hearing officer may be removed
by the mayor for violation of this title or any policies and procedures adopted by the
planning director following receipt by the mayor of a written complaint filed against the
appeals hearing officer. If requested by the appeals hearing officer, the mayor shall
provide the appeals hearing officer with a public hearing conducted by a hearing officer
appointed by the mayor.
SECTION 2. Amending the text of Salt Lake City Code Section 21A.06.050. That
Section 21A.06.050 of the Salt Lake City Code (Zoning: Decision Making Bodies and Officials:
Historic Landmark Commission) shall be, and hereby is amended to read as follows:
21A.06.050: HISTORIC LANDMARK COMMISSION:
A. General Provisions: The provisions of Title 2, Chapter 2.07 of this code shall apply to the
historic landmark commission except as otherwise set forth in this section.
B. Creation: The historic landmark commission was created pursuant to the enabling
authority granted by the Historic District Act, Section 11-18-1 et seq., of the Utah Code
(repealed), and continues under the authority of Utah Code Section 10-8-85.9 and the
Land Use Development and Management Act, Utah Code Chapter 10-9a.
C. Jurisdiction and Authority: The historic landmark commission shall:
1. Review and approve or deny an application for a certificate of appropriateness
pursuant to the provisions of Chapter 21A.34 of this title;
2. Participate in public education programs to increase public awareness of the value of
historic, architectural and cultural preservation; Communicate the benefits of historic
preservation for the education, prosperity, and general welfare of residents, visitors
and tourists;
3. Review and approve or deny applications for the demolition of contributing principal
structures in the H Historic Preservation Overlay District pursuant to Chapter
21A.34 of this title;
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4. Review designations, amendments to and boundaries of a local historic district,
thematic designation and landmark sites, and make a recommendation to the planning
commission and the city council;
5. Make recommendations on applications for zoning amendments involving properties
within the H Historic Preservation Overlay District when requested by the applicant,
planning director, planning commission or the city council;
6. Review and approve or deny certain modifications to dimensional standards for
properties located within an H Historic Preservation Overlay District. This authority
is also granted to the planning director or designee for applications within the H
Historic Preservation Overlay District that are eligible for an administrative decision
by the planning director or zoning administrator. The certain modifications to zoning
district specific development standards are listed as follows and are in addition to any
modification authorized elsewhere in this title:
a. Overall building and accessory structure height;
b. Building and accessory structure wall height;
c. Accessory structure square footage;
d. Fence and retaining wall height;
e. Signs pursuant to Section 21A.46.070 of this title; and
f. Any modification to bulk and lot regulations, except density, of the underlying
zoning district where it is found that the proposal complies with the applicable
standards identified in Section 21A.34.020 and is compatible with the surrounding
historic structures;
7. Make recommendations to the planning commission in connection with the
preparation of the general plan of the city;
8. Make recommendations to the city council on design guidelines, policies and
ordinances that may encourage preservation of buildings and related structures of
historical and architectural significance;
9. Review historic resource surveys for designations and all subsequent updates and
make recommendations to the planning commission and the city council;
10. Review National Register of Historic Places nominations or amendments and make a
recommendation to the Utah Board of State History; and
11. Recommend to the city council development of incentive programs, either public or
private, to encourage the preservation of the city’s historic resources.
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D. Membership: The historic landmark commission shall consist of not less than seven (7)
nor more than eleven (11) voting members appointed in a manner providing balanced
geographic, professional, neighborhood and community interests representation. In
situations where a member resigns or is removed as prescribed in this code and adopted
policies and procedures and as a result, the number of members drops to less than seven
(7), the commission may still function until a 7th member is appointed. Appointment to a
position created by any vacancy shall not be included in the determination of any
person’s eligibility to serve two (2) consecutive full terms.
E. Qualifications of Members: Each voting member shall be a resident of the city interested
in preservation and knowledgeable about the heritage of the city. Members shall be
selected so as to ideally provide representation from the following groups of experts and
interested parties whenever a qualified candidate exists:
1. At least two (2) architects, and
2. Residents at large possessing preservation related experience in archaeology,
architecture, architectural history, construction, history, folk studies, law, public
history, real estate, real estate appraisal, or urban planning.
F. Meetings: The historic landmark commission shall meet at least once per month or as
needed.
G. Commission Action: A simple majority of the voting members present at a meeting at
which a quorum is present shall be required for any action taken.
H. Public Hearings: The historic landmark commission shall schedule and give public notice
of all public hearings pursuant to the provisions of Chapter 21A.10 of this title.
I. Removal of a Member: Any member of the historic landmark commission may be
removed by the mayor for violation of this title or any policies and procedures adopted by
the historic landmark commission following receipt by the mayor of a written complaint
filed against the member.
J. Policies and Procedures: The historic landmark commission shall adopt policies and
procedures for the conduct of its meetings, the processing of applications and for any
other purposes considered necessary for its proper functioning.
SECTION 3. Amending the text of Salt Lake City Code Subsection 21A.10.020.B. That
Subsection 21A.010.020.B of the Salt Lake City Code (Zoning: General Application and Public
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Hearing Procedures: Public Hearing Noticing Requirements: Special Noticing Requirements for
Administrative Approvals) shall be, and hereby is amended to read as follows:
B. Special Noticing Requirements for Administrative Approvals:
1. Notice of Application for Design Review:
a. Notification: At least twelve (12) days before a land use decision is made for an
administrative design review application as authorized in Chapter 21A.59 of this
title, the planning director shall provide written notice to the following:
(1) All owners and identifiable tenants of the subject property, land abutting the
subject property, and land located directly across the street from the subject
property. In identifying the owners and tenants of the land the city shall use
the Salt Lake City geographic information system records.
(2) Recognized community organization(s) in which the subject property is
located.
b. Contents of the Notice of Application: The notice shall generally describe the
subject matter of the application, where the public may review the application, the
expected date when the planning director will authorize a final land use decision,
and the procedures to appeal the land use decision.
c. End of Notification Period: If the planning director receives comments identifying
concerns related to the design review application not complying with the
requirements of Chapter 21A.59, the planning director may refer the matter to the
planning commission for their review and decision on the application.
2. Notice of Application for Demolition of a Noncontributing Principal Structure Within
An H Historic Preservation Overlay District: Prior to the approval of a certificate of
appropriateness for demolition of a noncontributing principal structure, the city shall
provide written notice by first class mail a minimum of twelve (12) calendar days in
advance of the requested action to all owners of the land and tenants of abutting
properties and those properties across the street from the subject property as shown
on the Salt Lake City geographic information system records.
a. Contents of the Notice of Application: The mailing notice shall generally describe
the subject property, include a vicinity map, include a photograph of the
noncontributing structure, date of construction, historic status from the most
recent historic survey on file or from a historic status determination, where the
application can be inspected by the public, and the date when the planning
director will issue a certificate of appropriateness for demolition.
3. Notice of Application for TSA Development Reviews: Prior to the approval of a
development review score as authorized in Section 21A.26.078 of this title, the
planning director shall provide written notice by first class mail a minimum of twelve
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(12) days in advance of the requested action to all abutting properties and those
properties located across the street from the subject property, and to all property
owners and tenants of the land subject to the application, as shown on the Salt Lake
City geographic information system records.
a. Contents of the Mailing Notice of Application: The notice for mailing shall
generally describe the subject matter of the application, the place where such
application may be inspected by the public, the date when the planning director
will authorize a final administrative decision, and include the procedures to appeal
an administrative decision set forth in Chapter 21A.16 of this title.
SECTION 4. Amending the text of Salt Lake City Code Section 21A.34.020. That
Section 21A.34.020 of the Salt Lake City Code (Zoning: Overlay Districts: H Historic
Preservation Overlay District) shall be, and hereby is amended to read as follows:
21A.34.020: H HISTORIC PRESERVATION OVERLAY DISTRICT:
A. Purpose Statement
B. Applicability
C. Local Historic Designation, Amendments or Revocation
D. Historic Status Determination
E. Certificate of Appropriateness Required
F. Procedures for Issuance of a Certificate of Appropriateness
G. Standards for Alteration of a Landmark Site, Contributing Structure or New
Construction of an Accessory Structure
H. Standards for New Construction or Alteration of a Noncontributing Structure
I. Standards for Relocation
J. Standards for Demolition of a Landmark Site
K. Standards for Demolition of a Contributing Principal Building
L. Economic Hardship Determination
M. Reconstruction of a Carriage House on a Landmark Site
A. Purpose Statement:
In order to contribute to the welfare, prosperity and education of the people of Salt Lake City,
the purpose of the H Historic Preservation Overlay District is to:
1. Provide the means to protect and preserve areas of the city and individual structures
and sites having historic, architectural or cultural significance;
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2. Provide the means to manage alterations to historic structures to encourage beneficial
use and viability of the building while protecting an individual building’s contributing
status.
3. Encourage new development and redevelopment of properties that is compatible with
the character of existing development of historic districts or individual landmarks;
4. Abate the destruction and demolition of historic structures;
5. Implement adopted plans of the city related to historic preservation;
6. Foster civic pride in the history of Salt Lake City;
7. Protect and enhance the attraction of the city’s historic landmarks and districts for
tourists and visitors;
8. Foster economic development consistent with historic preservation; and
9. Encourage social, economic and environmental sustainability.
B. Applicability: All properties located within the boundaries of a local historic district, part
of a thematic designation, or designated as a landmark site are subject to the requirements
of this chapter.
1. Applicable Standards: The applicable standards of this chapter are determined by the
historic status rating of the property, either contributing or noncontributing, as
identified in the most recent historic resource survey on file with the Salt Lake City
Planning Division or a historic status determination issued in accordance with
Subsection 21A.34.020.D.
C. Local Historic Designation, Amendments, or Revocation: Local Historic Designation,
Adjustment, Expansion, or Revocation of a Landmark Site, Local Historic District or
Thematic Designation shall follow the applicable procedures and standards in Chapter
21A.51 Local Historic Designation and Amendments.
D. Historic Status Determination:
1. Purpose: Historic status determinations are to address the historic status of individual
structures within a local historic district on a case-by-case basis through robust review
of documentation in order to render a timely decision on the historic status for
circumstances outlined below.
2. Applicability: Historic status determinations may be rendered for properties within an
existing local historic district using the considerations in Subsection 21A.34.020.D.7
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to determine whether they are contributing or noncontributing to the local historic
district for the following:
a. Unrated Properties: Properties that were inadvertently missed in a survey or not
given a historic status rating;
b. Incorrectly Rated Properties: Properties that may have been given an incorrect
status rating in a survey;
3. Authority: Historic status determinations shall be made by the zoning administrator in
the form of an administrative interpretation.
4. Persons Entitled to Seek Historic Status Determinations: Application for a historic
status determination may be made by the owner of the subject property or the owner’s
authorized agent. The planning director may also initiate a petition for a historic
status determination.
5. Limitations: A historic status determination shall not:
a. Change the boundaries of the local historic district;
b. Be issued for landmark sites;
c. Be issued for structures that are not within period of significance in an adopted
historic resource survey.
6. Application for Historic Status Determination: An administrative interpretation
application may be made to the zoning administrator on a form provided, which shall
include at least the following information, unless deemed unnecessary by the zoning
administrator:
a. The applicant’s name, address, telephone number, e-mail address and interest in
the subject property. The owner’s name, address and telephone number, if
different than the applicant, and the owner’s signed consent to the filing of the
application;
b. The street address, legal description and tax number of the subject property;
c. Current and historic photographs;
d. Any historic resource surveys and reports on record in the Planning Division or
the Utah State Historic Preservation Office;
e. Description of any alterations to the structure and the date of approval for any
alterations;
f. The historic status rating the applicant believes to be correct. When the request is
to change the historic status rating, the applicant shall state in the application the
reason(s) the existing historic rating is incorrect and why it should be changed
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based on the considerations in Subsection 21A.34.020.D.7, or provide an
intensive level historic resource survey conducted in accordance with the Utah
State Preservation Office standards for building surveys addressing the
considerations in Subsection 21A.34.020.D.7 for analysis by the zoning
administrator.
g. Any other information the zoning administrator deems necessary for a full and
proper consideration of the particular application.
7. Considerations for Historic Status Determinations: A historic status determination
may include the following considerations:
a. Whether alterations that have occurred are generally reversible.
b. Whether the building contributes to an understanding of a period of significance
of a neighborhood, community, or area.
c. Whether or not the building retains historic integrity in terms of location, design,
setting, materials, workmanship, feeling and association as defined in Section
21A.62.040. The analysis shall take into consideration how the building reflects
the historical or architectural merits of the overall local historic district in which
the resource is located. When analyzing historic integrity of a building as part of a
local historic district, the collective historic value of the buildings and structures
in a local historic district taken together may be greater than the historic value of
each individual building or structure in a district.
8. Decision: Written findings documenting the historic status determination shall be sent
to the applicant and members of the historic landmark commission and kept on file in
city records.
9. Updating Records: If the historic status determination is different than the property’s
historic rating in the most recent historic resource survey, the determination will
stand, and the city’s applicable historic resource survey(s) will be updated to reflect
the determination.
10. Appeal of Decision: Any person adversely affected by a final decision made by the
zoning administrator interpreting a provision of this title may appeal to the appeals
hearing officer in accordance with the provisions of Chapter 21A.16 of this title.
E. Certificate of Appropriateness Required: No alteration in the exterior appearance of a
structure, site, or object affecting a property within the H Historic Preservation Overlay
District shall be made until an application for a certificate of appropriateness is approved
by the historic landmark commission, or administratively by the planning director, as
applicable, pursuant to Subsection F of this section.
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1. A certificate of appropriateness shall be required for all of the following:
a. Any exterior alteration to the property or any structure on the property unless
specifically exempted under Subsection 21A.34.020.E.2;
b. New Construction;
c. Relocation of a structure or object on the same site or to another site;
d. Demolition;
2. Exemptions: The following are exempt from obtaining a Certificate of
Appropriateness:
a. Installation of storm windows;
b. Landscaping that:
(1) Complies with the standards of this title;
(2) Does not include a wall fence or grade changes; and
(3) Is not an attribute that is a character defining feature of the property or
streetscape;
c. Painting of surfaces that does not include unpainted stone, brick or cement;
d. Plaques, boxes, and other similar objects that measure 18 inches or less in any
dimension, contain no electrical components, and are attached to exterior finish
material or mounted through mortar joints when on a masonry wall;
e. Electrical, gas, or water meters or outlets, including electric vehicle charging
outlets, that are in a location that is not visible from the public right of way;
f. Heating, ventilation and air conditioning systems that do not require new conduit
and are not visible from the public right of way; and
g. Solar energy collection systems meeting the priority locations outlined in
Subsections 21A.40.190.B.3.a through 21A.40.190.B.3.c.
F. Procedure for Issuance of Certificate of Appropriateness:
1. Administrative Authority: The following may be decided by the planning director or
designee:
a. Minor alteration of or addition to a landmark site or contributing building or
structure;
b. Alteration of or addition to a noncontributing building or structure;
c. Partial demolition of either a landmark site or a contributing principal building or
structure;
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d. Demolition of an accessory building or structure; and
e. Demolition of a noncontributing building or structure.
2. Historic Landmark Commission Authority: The following shall only be decided by
the historic landmark commission:
a. Substantial alteration or addition to a landmark site or contributing site, building,
and/or structure;
b. New construction of principal building in the H Historic Preservation Overlay
District;
c. Relocation of landmark site or contributing principal building;
d. Demolition of landmark site or contributing principal building;
e. Economic hardship determination;
f. Reconstruction of a carriage house on a landmark site; and
g. Applications referred by the planning director.
3. Submission of Application: An application for a certificate of appropriateness shall be
made on an application form prepared by the zoning administrator and accompanied
by applicable fees as noted in the Salt Lake City consolidated fee schedule. The
applicant shall also be responsible for payment of all mailing fees established for
required public noticing.
a. General Application Requirements: A complete application shall include the
following unless deemed unnecessary by the zoning administrator:
(1) The applicant’s name, address, telephone number, e-mail address and interest
in the subject property;
(2) The owner’s name, address and telephone number, if different than the
applicant, and the owner’s signed consent to the filing of the application;
(3) The street address and legal description of the subject property;
(4) A narrative including a complete description of the project and how it meets
review standards with citation of supporting adopted city design guidelines;
(5) Current and historic photographs of the property
(6) A site plan or drawing drawn to a scale which includes the following
information: property lines, lot dimensions, topography, adjacent streets,
alleys and walkways, landscaping and buffers, existing and proposed
buildings and structures, lot coverage, grade changes, parking spaces, trash
receptacles, drainage features, proposed setbacks and other details required for
project evaluation;
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(7) Elevation drawings and details for all impacted facades;
(8) Illustrative photos and or samples of all proposed façade materials;
(9) Building, wall, and window section drawings;
(10) Any further information or documentation as the zoning administrator deems
necessary in order to fully consider and analyze the application.
b. New Construction Application Requirements: In addition to the general
application requirements listed above, applications for new construction of a
primary structure shall include the following unless deemed unnecessary by the
zoning administrator:
(1) A context plan showing property lines, building footprints, front yard
setbacks, adjacent streets and alleys, historic district boundaries,
contributing/noncontributing structures and landmark sites;
(2) A streetscape study which includes height measurements for each primary
structure on the block face;
(3) Renderings that show the new construction in relation to neighboring
buildings; and
(4) Renderings that show the new construction from the pedestrian perspective.
4. Notice: Applications for a certificate of appropriateness are subject to the notification
requirements of Chapter 2.60 of this code. An application for a certificate of
appropriateness for demolition of a noncontributing building or structure shall require
notice pursuant to Chapter 21A.10 of this title. The applicant shall be responsible for
payment of all fees established for providing the public notice required by Chapters
2.60 and 21A.10 of this title.
5. Standards for Approval: Applications for a certificate of appropriateness shall be
reviewed according to the standards set forth in Subsections G through M of this
section, whichever are applicable.
6. Administrative Decisions: The planning director or designee shall approve,
conditionally approve, or deny the application for a certificate of appropriateness
based upon written findings of fact. The decision of the planning director or designee
shall become effective upon issuance of the certificate of appropriateness.
a. Referral of Application to Historic Landmark Commission: The planning director
or designee may refer any application to the historic landmark commission due to
the complexity of the application, the significance of change to the structure or
site, or the need for consultation for expertise regarding architectural or other
preservation issues.
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7. Historic Landmark Commission Decisions: The historic landmark commission shall
hold a public hearing to review the application in accordance with the standards and
procedures set forth in Chapter 21A.10 of this title. The historic landmark
commission shall approve, conditionally approve, or deny the application based upon
written findings of fact. The decision of the historic landmark commission shall
become effective at the time the decision is made. Following a decision from the
historic landmark commission to approve a certificate of appropriateness, the
planning director or designee shall issue a certificate of appropriateness after all
conditions of approval are met except for demolition of contributing principal
buildings and landmark sites as outlined in Subsection 21A.34.020.F.8.
8. Requirements for Certificate of Appropriateness for Demolition: The certificate of
appropriateness for demolition of a contributing principal building or landmark site
shall not be issued until the following criteria is satisfied:
a. The appeal period associated with the approval has expired.
b. The landmark commission has granted approval for a new building that will
replace the landmark site or contributing principal building to be demolished. The
requirement for replacing the contributing principal building or landmark site with
a new building may be waived by the historic landmark commission if a new
development or redevelopment plan that includes the principal building to be
demolished is approved by the historic landmark commission.
c. The certificate of appropriateness for demolition shall be issued simultaneously
with the certificate of appropriateness and building permits for the replacement
building.
9. Revocation of the Designation of a Landmark Site: If a landmark site is approved for
demolition, the property shall not be removed from the H Historic Preservation
Overlay District until the building has been demolished and revocation of the
designation of a landmark site has been approved in accordance with Section
21A.51.050, Local Historic Amendments Process.
10. Exceptions of Certificate of Appropriateness for Demolition of Hazardous Buildings:
A hazardous building shall be exempt from the provisions governing demolition if the
building official determines, in writing, that the building currently is an imminent
hazard to public safety. Prior to the issuance of a demolition permit, the building
official shall notify the planning director for consultation and of the final decision.
11. Expiration of Approvals: No certificate of appropriateness shall be valid for a period
of longer than one (1) year unless a building permit has been issued or complete
building plans have been submitted to the Salt Lake City Division of Building
Services and Licensing within that period and is thereafter diligently pursued to
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completion; or unless a longer time is requested and granted by the historic landmark
commission, or in the case of an administrative approval, by the planning director or
designee. Any request for a time extension shall be required not less than thirty (30)
days prior to the one (1) year time period.
12. Appeal of Decisions: Any person adversely affected by a final decision of the historic
landmark commission, or in the case of administrative decisions, the planning
director or designee, may file an appeal in accordance with the provisions of Chapter
21A.16 of this title.
G. Standards for Alteration of a Landmark Site or Contributing Structure Including New
Construction of an Accessory Structure: In considering an application for a certificate of
appropriateness for alteration of a landmark site or contributing structure, or new
construction of an accessory structure associated with a landmark site or contributing
structure, the historic landmark commission, or the planning director, for administrative
decisions, shall, using the adopted design guidelines as a key basis for evaluation, find
that the project substantially complies with all of the following standards:
1. A property shall be used for its historic purpose or be used for a purpose that requires
minimal change to the defining characteristics of the building and its site and
environment;
2. The historic character of a property shall be retained and preserved. The removal of
historic materials or alteration of features and spaces that characterize a property shall
be avoided;
3. All sites, structures and objects shall be recognized as products of their own time.
Alterations that have no historical basis and which seek to create a false sense of
history or architecture are not allowed;
4. Alterations or additions that have acquired historic significance in their own right
shall be retained and preserved;
5. Distinctive features, finishes and construction techniques or examples of
craftsmanship that characterize a historic property shall be preserved;
6. Deteriorated architectural features shall be repaired rather than replaced wherever
feasible. In the event replacement is necessary, the new material should match the
material being replaced in composition, design, texture and other visual qualities.
Repair or replacement of missing architectural features should be based on accurate
duplications of features, substantiated by historic, physical or pictorial evidence rather
than on conjectural designs or the availability of different architectural elements from
other structures or objects;
7. Chemical or physical treatments, such as sandblasting, that cause damage to historic
materials shall not be used. The surface cleaning of structures, if appropriate, shall be
undertaken using the gentlest means possible;
8. Contemporary design for alterations and additions to existing properties shall not be
discouraged when such alterations and additions do not destroy significant cultural,
historical, architectural or archaeological material, and such design is compatible with
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the size, scale, color, material and character of the property, neighborhood or
environment;
9. Additions or alterations to structures and objects shall be done in such a manner that
if such additions or alterations were to be removed in the future, the essential form
and integrity of the structure would be unimpaired. The new work shall be
differentiated from the old and shall be compatible in massing, size, scale and
architectural features to protect the historic integrity of the property and its
environment;
10. Certain building materials are prohibited:
a. Aluminum, asbestos, or vinyl cladding; and when applied directly to an original
or historic material.
b. Vinyl fencing.
11. Any new sign and any change in the appearance of any existing sign located on a
landmark site or within the H Historic Preservation Overlay District, which is visible
from any public way or open space shall be consistent with the historic character of the
landmark site or H Historic Preservation Overlay District and shall comply with the
standards outlined in Chapter 21A.46 of this title.
H. Standards for New Construction or Alteration of a Noncontributing Structure: In
considering an application for a certificate of appropriateness involving new construction
of a principal building, or alterations of noncontributing structures, the historic landmark
commission, or planning director when the application involves the alteration of a
noncontributing structure, shall using the adopted design guidelines as a key basis for
evaluation, determine whether the project substantially complies with each of the
following standards that pertain to the application to ensure that the proposed project fits
into the established context in ways that respect and contribute to the evolution of Salt
Lake City’s architectural and cultural traditions:
1. Settlement Patterns and Neighborhood Character:
a. Block and Street Patterns: The design of the project preserves and reflects the
historic block, street, and alley patterns that give the district its unique character.
Changes to the block and street pattern may be considered when advocated by an
adopted city plan.
b. Lot and Site Patterns: The design of the project preserves the pattern of lot and
building site sizes that create the urban character of the historic context and the
block face. Changes to the lot and site pattern may be considered when advocated
by an adopted city plan.
c. The Public Realm: The project relates to adjacent streets and engages with
sidewalks in a manner that reflects the character of the historic context and the
block face. Projects should maintain the depth of yard and height of principal
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elevation of those existing on the block face in order to support consistency in the
definition of public and semi-public spaces.
d. Building Placement: Buildings are placed such that the project maintains and
reflects the historic pattern of setbacks and building depth established within the
historic context and the block face. Buildings should maintain the setback
demonstrated by existing buildings of that type constructed in the district or site’s
period of significance.
e. Building Orientation: The building is designed such that principal entrances and
pathways are oriented such that they address the street in the pattern established in
the historic context and the block face.
2. Site Access, Parking, and Services:
a. Site Access: The design of the project allows for site access that is similar, in
form and function, with patterns common in the historic context and the block
face.
(1) Pedestrian: Safe pedestrian access is provided through architecturally
highlighted entrances and walkways, consistent with patterns common in the
historic context and the block face.
(2) Vehicular: Vehicular access is located in the least obtrusive manner possible.
Where possible, garage doors and parking should be located to the rear or to
the side of the building.
b. Site and Building Services and Utilities: Utilities and site/building services (such
as HVAC systems, venting fans, and dumpsters) are located such that they are to
the rear of the building or on the roof and screened from public spaces and public
properties.
3. Landscape and Lighting:
a. Grading of Land: The site’s landscape, such as grading and retaining walls,
addresses the public way in a manner that reflects the character of the historic
context and the block face.
b. Landscape Structures: Landscape structures, such as arbors, walls, fences, address
the public way in a manner that reflects the character of the historic context and
the block face.
c. Lighting: Where appropriate lighting is used to enhance significant elements of
the design and reflects the character of the historic context and the block face.
4. Building Form and Scale:
a. Character of the Street Block: The design of the building reflects the historic
character of the street facade in terms of scale, composition, and modeling.
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(1) Height: The height of the project reflects the character of the historic context
and the block face. Projects taller than those existing on the block face step
back their upper floors to present a base that is in scale with the historic
context and the block face.
(2) Width: The width of the project reflects the character of the historic context
and the block face. Projects wider than those existing on the block face
modulate the facade to express a series of volumes in scale with the historic
context and the block face.
(3) Massing: The shape, form, and proportion of buildings, reflects the character
of the historic context and the block face.
(4) Roof Forms: The building incorporates roof shapes that reflect forms found in
the historic context and the block face.
5. Building Character:
a. Facade Articulation and Proportion: The design of the project reflects patterns of
articulation and proportion established in the historic context and the block face.
As appropriate, facade articulations reflect those typical of other buildings on the
block face. These articulations are of similar dimension to those found elsewhere
in the context, but have a depth of not less than twelve inches (12”).
(1) Rhythm of Openings: The facades are designed to reflect the rhythm of
openings (doors, windows, recessed balconies, etc.) established in the historic
context and the block face.
(2) Proportion and Scale of Openings: The facades are designed using openings
(doors, windows, recessed balconies, etc.) of similar proportion and scale to
that established in the historic context and the block face.
(3) Ratio of Wall to Openings: Facades are designed to reflect the ratio of wall to
openings (doors, windows, recessed balconies, etc.) established in the historic
context and the block face.
(4) Balconies, Porches, and External Stairs: The project, as appropriate,
incorporates entrances, balconies, porches, stairways, and other projections
that reflect patterns established in the historic context and the block face.
6. Building Materials, Elements and Detailing:
a. Materials: Building facades, other than windows and doors, incorporate no less
than eighty percent (80%) durable material such as, but not limited to, wood,
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brick, masonry, textured or patterned concrete and/or cut stone. These materials
reflect those found elsewhere in the district and/or setting in terms of scale and
character.
b. Materials on Street-Facing Facades: The following materials are not considered to
be appropriate and are prohibited for use on facades which face a public street:
vinyl siding and aluminum siding.
c. Windows: Windows and other openings are incorporated in a manner that reflects
patterns, materials, profile, and detailing established in the district and/or setting.
d. Architectural Elements and Details: The design of the building features
architectural elements and details that reflect those characteristic of the district
and/or setting.
7. Signage Location: Locations for signage are provided such that they are an integral
part of the site and architectural design and are complementary to the principal
structure.
I. Standards for Relocation of Landmark Site or Contributing Structure: In considering an
application for a certificate of appropriateness for relocation of a landmark site or a
contributing structure, the historic landmark commission shall find that the project
substantially complies with the following standards:
1. The proposed relocation will abate demolition of the structure;
2. The proposed relocation will not diminish the overall physical integrity of the district
or diminish the historical associations used to define the boundaries of the district;
3. The proposed relocation will not diminish the historical or architectural significance
of the structure;
4. The proposed relocation will not have a detrimental effect on the structural soundness
of the building or structure;
5. A professional building mover will move the building and protect it while being
stored; and
6. A financial guarantee to ensure the rehabilitation of the structure once the relocation
has occurred is provided to the city. The financial guarantee shall be in a form
approved by the city attorney, in an amount determined by the planning director
sufficient to cover the estimated cost to rehabilitate the structure as approved by the
historic landmark commission and restore the grade and landscape the property from
which the structure was removed in the event the land is to be left vacant once the
relocation of the structure occurs.
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J. Standards for Demolition of Landmark Site: In considering an application for a certificate
of appropriateness for demolition of a landmark site, the historic landmark commission
shall only approve the application upon finding that the project fully complies with one of
the following standards:
1. The demolition is required to alleviate a threat to public health and safety pursuant to
Subsection 21A.34.020.F.10; or
2. A determination of economic hardship has been granted by the historic landmark
commission pursuant to the provisions of Subsection 21A.34.020.L.
K. Standards for Demolition of a Contributing Principal Building: When considering a
request for approval of a certificate of appropriateness for demolition of a contributing
principal building, the historic landmark commission shall determine whether the request
substantially complies with the following standards:
1. The historic integrity of the site as defined in Section 21A.62.040 is no longer evident
and the site no longer meets the definition of a contributing building or structure in
Section 21A.62.040;
2. The streetscape within the context of the H Historic Preservation Overlay District
would not be negatively materially affected if the contributing principal building were
to be demolished;
3. The demolition would not create a material adverse effect on the concentration of
historic resources used to define the boundaries or maintain the integrity of the
district;
4. The base zoning of the site does not permit land uses that would allow the adaptive
reuse of the contributing principal building;
5. The contributing principal building has not suffered from willful neglect, as
evidenced by the following:
a. Willful or negligent acts that have caused significant deterioration of the
structural integrity of the contributing principal building to the point that the
building fails to substantially conform to applicable standards of the state
construction code,
b. Failure to perform routine and appropriate maintenance and repairs to maintain
the structural integrity of the contributing principal building, or
c. Failure to secure and board the contributing principal building, if vacant, per
Section 18.64.045 of this code.
L. Economic Hardship Determination: Upon denial of a certificate of appropriateness for
demolition of a contributing principal building by the historic landmark commission, the
owner and/or owner’s representative will have one year from the end of the appeal period
as described in Chapter 21A.16 of this title, to submit an application for determination of
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economic hardship. In the case of a landmark site, an application for determination of
economic hardship shall be submitted at the same time as an application for demolition of
a landmark site to meet the standard of Subsection 21A.34.020.J.2 of this section.
1. Application for Determination of Economic Hardship: An application for a
determination of economic hardship shall be made on a form provided by the zoning
administrator and accompanied by applicable fees as noted in the Salt Lake City
consolidated fee schedule.
2. Evidence for Determination of Economic Hardship: The burden of proof is on the
owner or owner’s representative to provide sufficient evidence to demonstrate an
economic hardship. Any finding in support of economic hardship shall be based
solely on the hardship of the property. Evidence may include, but is not limited to:
a. Physical condition of the property at time of purchase and the applicant’s plans
for the property at time of purchase.
b. The current level of economic return on the property as considered in relation to
the following:
(1) The amount paid for the property, the date of purchase, and party from whom
purchased, including a description of the relationship, if any, between
applicant, and the person from whom the property was purchased;
(2) The annual gross and net income, if any, from the property for the previous
three (3) years; itemized operating and maintenance expenses for the previous
three (3) years; and depreciation deduction and annual cash flow before and
after debt service, if any, for the previous three (3) years;
(3) Real estate taxes for the previous three (3) years by the Salt Lake County
Assessor;
(4) An appraisal, no older than six (6) months at the time of application for
determination of economic hardship conducted by an MAI certified appraiser
licensed within the State of Utah. Also all appraisals obtained within the
previous three (3) years by the owner or applicant in connection with the
purchase, financing or ownership of the property;
(5) The fair market value of the property taking into consideration the H Historic
Preservation Overlay District; and
(6) For non-residential or multifamily properties, any state or federal income tax
returns on or relating to the property for the previous three (3) years.
c. The marketability of the property for sale or lease, as determined by any listing of
the property for sale or lease, and price asked and offers received, if any, within
the previous two (2) years. This determination can include testimony and relevant
documents regarding:
(1) Any real estate broker or firm engaged to sell or lease the property;
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(2) Reasonableness of the price in terms of fair market value or rent sought by the
applicant; and
(3) Any advertisements placed for the sale or rental of the property.
d. The feasibility of alternative uses for the property as considered in relation to the
following:
(1) Report from a licensed engineer or architect with demonstrated experience in
rehabilitation of older buildings as to the structural soundness of any building
on the property;
(2) An estimate of the cost of the proposed construction or alteration, including
the cost of demolition and removal, and potential cost savings for reuse of
materials;
(3) The estimated market values of the property in current condition, after
completion of the demolition; and after renovation of the existing property for
continued use; and
(4) The testimony of a professional with demonstrated experience in
rehabilitation of older buildings as to the economic feasibility of rehabilitation
or reuse of the existing building on the property. An experienced professional
may include, but is not limited to, an architect, developer, real estate
consultant, appraiser, or any other professional experienced in preservation or
rehabilitation of older buildings and licensed within the State of Utah.
e. Economic incentives and/or funding available to the applicant through federal,
state, city, or private programs.
f. Description of past and current use.
g. An itemized report that identifies what is deficient if the building does not meet
minimum city building code standards or violations of this code and whether any
exceptions within Chapter 12 Historic Buildings of the IEBC, or its successor,
could be used to resolve those deficiencies.
h. Consideration of map amendment, conditional use, or other land use processes to
alleviate hardship.
3. Procedure for Determination of Economic Hardship:
a. Appointment of Qualified Expert: The planning director shall appoint a qualified
expert to evaluate the application and provide advice and/or testimony to the
historic landmark commission concerning the value of the property and whether
or not the denial of demolition could result in an economic hardship.
(1) The extent of the Authority: The planning director’s appointed qualified
expert is limited to rendering advice and testimony to the historic landmark
commission and has no decision-making capacity.
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(2) The planning director’s appointed qualified expert shall have considerable and
demonstrated experience in appraising, renovating, or restoring historic
properties, real estate development, economics, accounting, finance and/or
law.
(3) The historic landmark commission may also consider other expert testimony
upon reviewing the evidence presented by the applicant or receiving the
advice/testimony of the planning director’s appointed qualified expert as
necessary.
b. Review of Evidence: The historic landmark commission shall hold a public
hearing in accordance with the standards and procedures set forth in Chapter
21A.10 of this title to consider the evidence submitted, and the advice and
testimony of the planning director’s appointed qualified expert.
c. Finding of Economic Hardship: If after reviewing all of the evidence presented by
the applicant and the advice/testimony of the planning director’s appointed
qualified expert, and if the historic landmark commission finds that the applicant
has presented sufficient information supporting a determination of economic
hardship, then the historic landmark commission shall approve the demolition. In
order to show that all beneficial or economically viable use cannot be obtained,
the historic landmark commission must find that all of the following are met:
(1) The contributing principal building or landmark site cannot be economically
used or rented at a reasonable rate of return in its present condition or if
rehabilitated;
(2) The contributing principal building or landmark site cannot be put to any
reasonable beneficial use in its present condition or if rehabilitated; and
(3) Bona fide efforts during the previous year to sell or lease the contributing
principal building or landmark site at a reasonable price have been
unsuccessful.
d. Certificate of Appropriateness for Demolition: If the historic landmark
commission finds an economic hardship, a certificate of appropriateness for
demolition shall be issued in accordance with Subsection 21A.34.020.F.8.
e. Denial of Economic Hardship: If the historic landmark commission does not find
an economic hardship, then the application for a certificate of appropriateness for
demolition shall be denied. No further economic hardship determination
applications may be considered for the subject property for three (3) years from
the date of the final decision of the historic landmark commission. The historic
landmark commission may waive this restriction if the historic landmark
commission finds there are circumstances sufficient to warrant a new hearing
other than the re-sale of the property or those caused by the negligence or
intentional acts of the owner.
M. Reconstruction of a Carriage House on a Landmark Site:
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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;
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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 Section 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.
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SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.40.190.B. That
Subsection 21A.40.190.B of the Salt Lake City Code (Zoning: Accessory Uses, Buildings and
Structures: Small Solar Energy Collection Systems: Small Solar Energy Collection Systems and
Historic Preservation Overlay Districts or Landmark Sites) shall be, and hereby is amended to
read as follows:
B. Small Solar Energy Collection Systems and Historic Preservation Overlay Districts:
1. General: In addition to meeting the standards set forth in this section, all applications to
install a small solar energy collection system within the Historic Preservation Overlay
District shall obtain a certificate of appropriateness in accordance with Section
21A.34.020 prior to installation. Small solar energy collection systems shall be allowed
in accordance with the location priorities detailed in Subsection B.3 of this section. If
there is any conflict between the provisions of this Subsection B, and any other
requirements of this section, the provisions of this Subsection B shall take precedence.
2. Installation Standards: The small solar energy collection system shall be installed in a
location and manner on the building or lot that is least visible and obtrusive and in such a
way that causes the least impact to the historic integrity and character of the historic
building, structure, site or district while maintaining efficient operation of the solar
device. The system must be installed in such a manner that it can be removed and not
damage the historic building, structure, or site it is associated with.
3. Small Solar Energy Collection System Location Priorities: In approving appropriate
locations and manner of installation, consideration shall include the following locations
in the priority order they are set forth below. The method of installation shall be the least
visible from a public right-of-way, not including alleys, and most compatible with the
character defining features of the historic building, structure, or site.
a. Rear yard in a location not readily visible from a public right-of-way.
b. On accessory buildings or structures in a location not readily visible from a public
right-of-way.
c. In a side yard in a location not readily visible from a public right-of-way.
d. On the principal building in a location not readily visible from a public right-of-
way.
e. On the principal building in a location that may be visible from a public right-of-
way, but not on the structure’s front facade.
f. On the front facade of the principal building in a location most compatible with
the character defining features of the structure.
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SECTION 6. Amending the text of Salt Lake City Code Section 21A.50.020. That
Section 21A.50.020 of the Salt Lake City Code (Zoning: Amendments: Authority) shall be, and
hereby is amended to read as follows:
21A.50.020: AUTHORITY:
The text of this title and the zoning map may be amended by the passage of an ordinance
adopted by the city council in accordance with the procedures set forth in this chapter.
Applications related to H Historic Preservation Overlay District or Landmark Sites are
subject to the procedures in Chapter 21A.51, Local Historic Designations and Amendments.
SECTION 7. Amending the text of Salt Lake City Code Section 21A.50.030. That
Section 21A.50.030 of the Salt Lake City Code (Zoning: Amendments: Initiation) shall be, and
hereby is amended to read as follows:
21A.50.030: INITIATION:
Amendments to the text of this title or to the zoning map may be initiated by filing an
application for an amendment addressed to the planning commission. Applications for
amendments may be initiated by the mayor, the city council, the planning commission, or the
owner of the property included in the application, or the property owner’s authorized agent.
Applications related to the Homeless Resource Center Overlay shall be initiated as provided
in Chapter 21A.34 of this title.
SECTION 8. Amending the text of Salt Lake City Code Subsection 21A.50.040.B That
Section 21A.50.030.B of the Salt Lake City Code (Zoning: Amendments: Procedure: Fees) shall
be, and hereby is amended to read as follows:
B. Fees: The application shall be accompanied by the applicable fees shown on the Salt
Lake City consolidated fee schedule. The applicant shall also be responsible for payment
of all fees established for providing the public notice required by Chapter 21A.10 of this
title. Application and noticing fees filed by the city council, planning commission or the
mayor shall not be required. Application and noticing fees filed to establish a character
conservation district shall not be required.
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SECTION 9. Amending the text of Salt Lake City Code Section 21A.50.060 That
Section 21A.50.060 of the Salt Lake City Code (Zoning: Amendments: Limitation on
Amendments) shall be, and hereby is amended to read as follows:
21A.50.060: LIMITATION ON AMENDMENTS:
A. No application for an amendment to this title shall be considered by the city council or
the planning commission within one year of the withdrawal by the applicant or final
decision of the city council upon a prior application covering substantially the same
subject or substantially the same property.
B. This determination shall be made by the zoning administrator upon receipt of an
application pursuant to Section 21A.50.030 of this chapter. This provision shall not
restrict the mayor, the city council or the planning commission from proposing any text
amendment or change in the boundaries of any of the districts in this title at any time.
SECTION 10. Adopting a new Chapter 21A.51 of Salt Lake City Code 21A. Chapter 21A of
the Salt Lake City Code (Local Historic Designation and Amendments) shall be and hereby is
amended to include a new Chapter 21A.51 Local Historic Designation and Amendments and shall
read as follows:
Chapter 21A.51
LOCAL HISTORIC DESIGNATON & AMENDMENTS
21A.51.010: Purpose Statement
21A.51.020: Authority
21A.51.030: Local Historic Designation Process
21A.51.040: Local Historic Designation Criteria
21A.51.050: Existing Local Historic Amendment Process
21A.51.060: Existing Local Historic Amendment Criteria
21A.51.070: Limitations
21A.51.080: Historic Resource Surveys
21A.51.090: Appeal of Decision
21A.51.010: PURPOSE STATEMENT:
The purpose of this chapter is to provide standards and procedures for making amendments
to the zoning map related to the H Historic Preservation Overlay District. The H Historic
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Preservation Overlay District applies to all properties within the boundaries of a local historic
district, part of a thematic designation, or a landmark site.
21A.51.020: AUTHORITY:
A. Authority: Pursuant to the procedures and standards in this chapter and the standards for
general amendments in Section 21A.50.050, the city council may amend the zoning map
and apply the H Historic Preservation Overlay District by the passage of an ordinance
and:
1. Designate a landmark site;
2. Designate as a local historic district;
3. Designate as a thematic designation;
4. Amend designations to add or remove features or property to or from a landmark site,
local historic district or thematic designation;
5. Revoke designation of a landmark site;
6. Adopt comprehensive historic resource surveys and associated reports for new
landmark sites, local historic districts or thematic designations; and
7. Adopt updates to historic resource surveys and associated reports for existing local
historic districts or thematic designations in accordance with the provisions in Section
21A.51.080.
21A.51.030: LOCAL HISTORIC DESIGNATION PROCESS:
Salt Lake City will consider the local designation of a landmark site, local historic district or
thematic designation in order to protect the best examples of historic resources which
represent significant elements of the city’s prehistory, history, development patterns or
architecture. Local designation must be in the best interest of the city and achieve a
reasonable balance between private property rights and the public interest in preserving the
city’s cultural, historic, and architectural heritage.
A. Process for Designation of a Local Historic District or Thematic Designation:
1. Procedures Required Before an Application Can be Submitted: Prior to the submittal
of an application for the designation or amendment local historic district or thematic
designation, and prior to gathering any signatures for an application, the following
steps must be completed:
a. Pre-application Conference: A potential applicant shall attend a pre-application
conference with the planning director or designee. The purpose of this meeting is
to discuss the merits of the proposed designation and the amendment processes as
outlined in this section.
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b. Notification to Affected Property Owners: Following the preapplication
conference outlined in Subsection A.1.a of this section, the city shall send by first
class mail a neutral informational pamphlet to owners of record for each property
potentially affected by a forthcoming application. The informational pamphlet
shall be mailed after a potential applicant submits to the city a finalized proposed
boundary of an area to be included in the H Historic Preservation Overlay
District. The informational pamphlet shall contain, at a minimum, a description of
the process to create a local historic district or thematic designation and will also
list the pros and cons of a local historic district or thematic designation. Once the
city sends the informational pamphlet, gathering of property owner signatures
may begin per Subsection A.2 of this section. The informational pamphlet sent
shall remain valid for ninety (90) days. If an application is not filed with the city
within ninety (90) days after the date that the informational pamphlet was mailed,
the city shall close its file on the matter. Any subsequent proposal must begin the
application process again.
2. Application:
a. Parties Entitled to Submit Application: The mayor or the city council, by a
majority vote, may initiate a petition to consider designation of a local historic
district or thematic designation. A property owner submitting such application
shall demonstrate, in writing, support of more than thirty three percent (33%) of
the property owners of lots or parcels within the proposed boundaries of an area to
be included in the H Historic Preservation Overlay District.
(1) For purposes of this subsection, a lot or parcel of real property may not be
included in the calculation of the required percentage unless the application is
signed by property owners representing at least fifty percent (50%) of the
interest in that lot or parcel.
(2) Each lot or parcel of real property may only be counted once toward the thirty
three percent (33%), regardless of the number of owner signatures obtained
for that lot or parcel.
(3) Signatures obtained to demonstrate support of more than thirty three percent
(33%) of the property owners within the boundary of the proposed local
historic district or thematic designation must be gathered within a period of
ninety (90) days as counted between the date that the informational pamphlet
was mailed as required per Subsection 21A.51.030.A.1.b and the date of the
last required signature.
b. Submittal Requirements: An application shall be made to the zoning administrator
on a form or forms provided by the office of the zoning administrator, which shall
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include at least the following information unless deemed unnecessary by the
zoning administrator:
(1) Information demonstrating the procedures in Subsections 21A.51.030.A.1.a
and 21A.51.030.A.1.b have been followed;
(2) Information demonstrating the requirements in Subsection 21A.51.030.A.2.a
have been met;
(3) Street addresses and parcel numbers of all properties included in the proposed
local designation;
(4) Photos of all properties included in the proposed designation;
(5) Narrative demonstrating compliance with the standards and considerations in
Section 21A.51.040; and
(6) Any other information the zoning administrator deems necessary for
consideration of a particular application.
c. Fees: Application and noticing fees for designation of a local historic district or
thematic designation shall not be required.
3. Notice of Designation Application Letter: Following the receipt by the city of an
application for the designation of a local historic district or thematic designation, the
city shall send a notice of designation application letter to owner(s) of record for each
property affected by said application along with a second copy of the informational
pamphlet described in Subsection 21A.51.030.A.1.b. In the event that no application
is received following the ninety (90) day period of property owner signature
gathering, the city will send a letter to property owner(s) of record stating that no
application has been filed, and that the city has closed its file on the matter.
4. Planning Director Report to the City Council: Following the receipt by the city of an
application for the designation to a local historic district or thematic designation and
following mailing of the notice of designation application letter described in
Subsection 21A.51.030.A.3, the planning director shall submit a report based on the
following considerations to the city council:
a. Whether a current historic survey meeting the standards prescribed by the State
Historic Preservation Office is available for the landmark site or the area proposed
for a local historic district or thematic designation. If a suitable survey is not
available, the report shall propose a strategy to gather the needed survey data.
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b. The city administration will determine the priority of the petition and determine
whether there is sufficient funding and staff resources available to allow the
planning division to complete a community outreach process, historic resource
analysis and to provide ongoing administration of the new local historic district or
thematic designation if the designation is approved by the city council. If
sufficient funding is not available, the report shall include a proposed budget.
c. Whether the proposed designation is generally consistent with the purposes, goals,
objectives and policies of the city as stated through its various adopted planning
documents.
d. Whether the proposed designation would generally be in the public interest.
e. Whether there is probable cause to believe that the proposed landmark site, local
historic district or thematic designation may be eligible for designation consistent
with the purposes and designation criteria in Section 21A.51.040 and the zoning
map amendment criteria in Section 21A.50.050, “Standards for General
Amendments”, of this title.
f. Verification that a neutral informational pamphlet was sent per Subsection
21A.51.030.A.3 of this section to all property owners within a proposed local
historic district following the preapplication process outlined in Subsections
21A.51.030.A.1.a and 21A.51.030.A.1.b.
5. Notification to Recognized Community Organizations: Notification to recognized
community organizations shall be provided as set forth in Section 2.60.050 of this
code.
6. Property Owner Meeting: Following the submission of the planning director’s report
and acceptance of the report by the city council, the planning division will conduct a
community outreach process to inform the owners of property within the proposed
boundaries of the proposed local historic district or thematic designation about the
following:
a. The designation process, including determining the level of property owner
support, the public hearing process, and final decision-making process by the city
council; and
b. Zoning ordinance requirements affecting properties located within the H Historic
Preservation Overlay District, adopted design guidelines, the design review
process for alterations and new construction, the demolition process and the
economic hardship process.
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7. Open House: The planning division will conduct an open house pursuant to Section
2.60.050.
8. Public Hearings: A public hearing shall be held with both the historic landmark
commission and the planning commission in accordance with the standards and
procedures set forth in Chapter 21A.10, “General Application and Public Hearing
Procedures”, of this title. The historic landmark commission and planning
commission shall recommend approval or denial of the proposal or the approval of
some modification of the proposal.
9. Property Owner Opinion Balloting:
a. Following the completion of the historic landmark commission and planning
commission public hearings, the city will deliver property owner opinion ballots
via first class mail to property owners of record within the boundary of the
proposed local historic district or thematic designation. The property owner
opinion ballot is a nonbinding opinion poll to inform the city council of property
owner interest regarding the designation of a local historic district. Each
individual property in the proposed designation boundary, regardless of the
number of owners having interest in any given property, will receive one property
owner opinion ballot.
(1) A property owner is eligible to vote regardless of whether or not the property
owner is an individual, a private entity, or a public entity;
(2) The city shall count no more than one property owner opinion ballot for:
(a) Each parcel within the boundaries of the proposed local historic district or
area; or
(b) If the parcel contains a condominium project, each unit within the
boundaries of the proposed local historic district or area; and
(c) If a parcel or unit has more than one owner of record, the city shall count
a property owner opinion ballot for the parcel or unit only if the property
owner opinion ballot reflects the vote of the property owners who own at
least fifty percent (50%) interest in the parcel or unit.
b. Property owners of record will have thirty (30) days from the postmark date of the
property owner opinion ballot to submit a response to the city indicating the
property owner’s support or nonsupport of the proposed designation.
c. A letter shall be mailed to all property owners within the proposed local historic
district or thematic designation whose property owner opinion ballot has not been
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received by the city within fifteen (15) days from the original postmark date. This
follow up letter will encourage the property owners to submit a property owner
opinion ballot prior to the thirty (30) day deadline date set by the mailing of the
first property owner opinion ballot.
10. Notification of Property Owner Opinion Balloting Results: Following the public
opinion balloting for the proposed designation, the city will send notice of the results
to all property owners within the proposed local historic district or thematic
designation.
11. City Council Consideration: Following the transmittal of the recommendations of the
historic landmark commission and the planning commission and the results of the
property owner opinion ballot process, the city council shall hold a public hearing to
consider the designation of a local historic district or thematic designation in
accordance with the standards and procedures set forth in Chapter 21A.10, “General
Application and Public Hearing Procedures”, of this title and the following:
a. If the property owner opinion ballots returned equals at least two-thirds (2/3) of the
total number of returned property owner support ballots and represents more than
fifty percent (50%) of the parcels and units (in the case of a condominium) within
the proposed local historic district, area, or thematic designation, the city council
may designate a local historic district or a thematic district by a simple majority
vote.
b. If the number of property owner opinion ballots received does not meet the
threshold identified in Subsection 21A.51.030.A.11.a the city council may only
designate a local historic district, area, or a thematic district by an affirmative vote
of two-thirds (2/3) of the members of the city council.
c. If the number of property owner opinion ballots received in support and in
opposition is equal, the city council may only designate a local historic district or
a thematic district by a super majority vote.
B. Process for Designation of a Landmark Site:
1. Application:
a. Parties Entitled to Submit Application: Any owner of property proposed for a
landmark site, the mayor or the city council, by majority vote, may initiate a
petition to consider the designation of a landmark site.
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b. Submittal Requirements: Applications for landmark sites shall provide at least all
of the information in Subsection 21A.51.030.A.2.b unless deemed unnecessary by
the zoning administrator.
c. Fees: Application and noticing fees for designation of a landmark site shall not be
required.
2. Notification to Community Organizations: Notification to recognized community
organizations shall be provided as set forth in Section 2.60.050 of this code.
3. Public Hearings: A public hearing shall be held with both the historic landmark
commission and the planning commission in accordance with the standards and
procedures set forth in Chapter 21A.10, “General Application and Public Hearing
Procedures”, of this title. The historic landmark commission and planning
commission shall recommend approval or denial of the proposal or the approval of
some modification of the proposal and the recommendation will be submitted to the
city council.
4. City Council Consideration: Following the transmittal of the recommendations of the
historic landmark commission and the planning commission, the city council shall
hold a public hearing to consider the designation of a landmark site in accordance
with the standards and procedures set forth in Chapter 21A.10, “General Application
and Public Hearing Procedures”, of this title. The city council may, by a majority
vote, designate a landmark site.
C. City Council Decision: Following city council designation of a landmark site, local
historic district or thematic designation, all of the properties located within the
boundaries of the local historic district, landmark site, or thematic designation will be
subject to the H Historic Preservation Overlay District and subject to the provisions of
Section 21A.34.020. The zoning regulations will go into effect on the date of the
publication of the ordinance unless otherwise noted on the adopted ordinance.
1. Designation Adoption: Designation of a landmark site, local historic district or
thematic designation includes adoption of the historic survey and associated report
submitted for the designation. Historic resource surveys may be updated pursuant to
the provisions in Section 21A.51.080 or Subsection 21A.34.020.D.
2. Notice of Designation: Within thirty (30) days following the designation of a
landmark site, local historic district or thematic designation, the city shall provide
notice of the action to all owners of property within the boundaries of the H Historic
Preservation Overlay District. In addition, a notice shall be recorded in the office of
the Salt Lake County Recorder for all lots or parcels within the area added to the H
Historic Preservation Overlay District.
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21A.51.040: LOCAL HISTORIC DESIGNATION CRITERIA:
A. Standards for the Designation of a Landmark Site, Local Historic District or Thematic
Designation: The proposed landmark site, local historic district, or thematic designation
shall be evaluated according to the following:
1. Significance in local, regional, state or national history, architecture, engineering or
culture, associated with at least one of the following:
a. Events that have made significant contribution to the important patterns of
history, or
b. Lives of persons significant in the history of the city, region, state, or nation, or
c. The distinctive characteristics of a type, period of significance, or method of
construction; or the work of a notable architect or master craftsman, or
d. Information important in the understanding of the prehistory or history of Salt
Lake City; and
2. Historic integrity in terms of location, design, setting, materials, workmanship,
feeling and association as defined in Section 21A.62.040. When analyzing historic
integrity, the collective historic value of the buildings and structures in a local historic
district taken together may be greater than the historic value of each individual
building or structure in a district.
3. The proposed landmark site, local historic district or thematic designation is listed, or
is eligible to be listed on the National Register of Historic Places;
4. The proposed designation contains notable examples of elements of the city’s history,
development patterns or architecture not typically found in other local historic
districts within Salt Lake City;
5. The designation is generally consistent with adopted planning policies; and
6. The designation would be in the overall public interest.
B. Factors to Consider: The following factors may be considered by the historic landmark
commission and the city council to help determine whether the proposed designation of a
landmark site, local historic district or thematic designation meets the criteria listed
above:
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1. Sites are of an age that allows insight into whether a property is sufficiently important
in the overall history of the community as identified in one or more periods of
significance in a historic survey report. Typically, this is at least fifty (50) years but
could be less if the property has exceptional importance.
2. Whether the proposed local historic district or thematic designation contains
examples of elements of the city’s history, development patterns and/or architecture
that may not already be protected by other local historic districts within the city.
3. Whether designation of the proposed local historic district or thematic designation
would add important knowledge that advances the understanding of the city’s history,
development patterns and/or architecture.
4. Whether approximately seventy five percent (75%) of the structures within the
proposed boundaries are rated as contributing structures by the most recent applicable
historic survey and those relate to identified significance and periods of significance.
C. Boundaries of a Proposed Landmark Site: When applying the evaluation criteria in
Subsection 21A.51.040.A, the boundaries of a landmark site shall be drawn to ensure that
historical associations, that best enhance the integrity of the site comprise the boundaries.
D. Boundaries of a Proposed Local Historic District: When applying the evaluation criteria
in Subsection 21A.51.040.A, the boundaries shall be drawn to ensure the local historic
district:
1. Contains a significant density of documented sites, buildings, structures or features
rated as contributing structures in a recent historic survey;
2. Coincides with documented historic boundaries such as early roadways, canals,
subdivision plats or property lines;
3. Coincides with logical physical or manmade features and reflect recognized
neighborhood boundaries; and
4. Contains noncontributing resources or vacant land only where necessary to create
appropriate boundaries to meet the criteria in Subsections 21A.51.040.A and
21A.51.040.D.
E. Boundaries of a Proposed Thematic Designation: When applying the evaluation criteria
of this section, the boundaries shall be drawn to ensure the thematic designation contains
a collection of sites, buildings, structures, or features that are associated by historical,
architectural, or aesthetic characteristics and contribute to the historic preservation goals
of Salt Lake City by protecting historical, architectural, or aesthetic interest or value.
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21A.51.050: EXISTING LOCAL HISTORIC AMENDMENT PROCESS:
A. Applicability: Existing Local Historic Amendments applies to the following:
1. Expanding the boundaries of an existing landmark site, local historic district, or adding
additional properties to an existing thematic designation;
2. Reducing the boundaries of an existing landmark site, local historic district, or
removing properties from an existing thematic designation; and
3. Revocation of the designation of a landmark site.
B. Process for Amendments to Existing Local Historic Districts and Thematic Designations:
1. Boundary Expansion: The process for expanding the boundaries of an existing local
historic district or adding properties to a thematic designation shall be the same as
outlined in Subsection 21A.51.030.A except that the following shall only apply to the
properties being added into the proposed expanded boundary and do not apply to
those properties already designated in a local historic district or thematic designation
and already subject to the H Historic Preservation Overlay District:
a. The notification to affected property owners described in Subsection
21A.51.030.A.1.b;
b. The application submittal requirements for demonstrating support of 33% of the
property owners described in Subsection 21A.51.030.A.2;
c. The property owner meeting described in Subsection 21A.51.030.A.6;
d. The opinion ballot described in Subsection 21A.51.030.A.9;
e. Notification of property owner opinion balloting results in Subsection
21A.51.030.A.10; and
f. City council consideration opinion ballot thresholds described in Subsection
21A.51.030.A.11.
2. Boundary Reduction: The process for reducing the boundaries of an existing local
historic district or removing properties from a thematic designation shall be the same
as outlined in Subsection 21A.51.030.A except that:
a. The requirements described in Subsection 21A.51.050.B.1.a through f, shall only
apply to those properties proposed to be removed from the local historic district or
thematic designation and do not apply to those properties already designated in a
local historic district or thematic designation and already subject to the H Historic
Preservation Overlay District.
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b. Fees: The application shall be accompanied by the applicable fees shown on the
Salt Lake City consolidated fee schedule. The applicant shall also be responsible
for payment of all fees established for providing the public notice required by
Chapter 21A.10 of this title. Applications filed by the city council, planning
commission or the mayor shall not be required.
C. Amendments to Existing Landmark Sites:
1. Boundary Expansion or Reduction or Revocation: The process for expanding or
reducing the boundaries of an existing landmark site or the revocation of the
designation of a landmark site shall follow the steps outlined in Subsection
21A.51.030.B in addition to:
a. Fees: Applications for reducing the boundaries of a landmark site or for the
revocation of the designation of a landmark site shall be accompanied by the
applicable fees shown on the Salt Lake City consolidated fee schedule. The
applicant shall also be responsible for payment of all fees established for
providing the public notice required by Chapter 21A.10 of this title. Applications
filed by the city council, planning commission or the mayor shall not be required.
21A.51.060: EXISTING LOCAL HISTORIC AMENDMENT CRITERIA:
A. Expansion: A proposed expansion of the boundaries of an existing landmark site, local
historic district, or the addition of properties to a thematic designation shall be considered
utilizing the provisions of Subsections 21A.51.040.A through E and provided that new
information indicates that the inclusion of additional properties would better convey the
historical and architectural integrity of the landmark site, local historic district or
thematic designation.
B. Reduction: A proposed reduction of the boundaries of an existing landmark site, local
historic district or the removal of properties from a thematic designation shall
demonstrate the properties have no longer met the criteria in Subsection 21A.51.040.A
for inclusion within the landmark site, local historic district or thematic designation. The
qualities that caused them to be originally included have been lost or destroyed, or such
qualities were lost subsequent to the historic landmark commission recommendation and
adoption of the designation.
C. Revocation of the Designation of a Landmark Site: A proposal for revocation of a
landmark site shall demonstrate the property no longer meets the criteria in Subsection
21A.51.040.A for which it was originally designated.
21A.51.070: LIMITATIONS:
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A. If a local historic district or thematic designation proposal fails in accordance with the
voting procedures set forth in Subsection 21A.51.030.A.9, a resident may not initiate the
creation of a local historic district or thematic designation that includes more than fifty
percent (50%) of the same property as the failed local historic district or thematic
designation proposal for four (4) years after the day on which the property owner opinion
ballots for the vote were due.
1. This determination shall be made by the zoning administrator upon receipt of an
application pursuant to Section 21A.51.030 of this chapter. This provision shall not
restrict the mayor or the city council from initiating a petition at any time for a new
local historic district or thematic designation, or to amend the boundaries of a local
historic district or the removal or addition of properties in a thematic designation.
21A.51.080: HISTORIC RESOURCE SURVEYS
A. Existing Historic Resource Surveys: Any historic resource survey that was conducted for
the city prior to the amendment of this chapter shall be utilized by the planning director
and the historic landmark commission in applying provisions of Section 21A.34.020 the
H Historic Preservation Overlay District. Any subsequent adoption of a historic resource
survey will be done by ordinance in accordance with the provisions in this chapter and
will supersede previous surveys.
B. Updates to Historic Resource Surveys:
1. Applicability: The city aims to update historic resource surveys on a periodic basis as
recommended by the National Park Service. Updates to surveys are for land use
purposes to determine periods of significance, to determine historic status of
individual properties, to update the national register, and to keep archival records on
historic properties. Updates to a historic resource survey for existing local historic
district is subject to the following:
a. The standards of the H Historic Preservation Overlay apply to those properties
within an adopted local historic district. Any other properties evaluated in a
historic resource survey outside the boundary of a designated local district or
thematic designation will not be subject to the land use regulations associated
with historic status designations in the H Historic Preservation Overlay District.
b. An updated historic resource survey maintains the boundaries of a local historic or
the properties within a thematic designation but may update the historic status of
properties within the adopted H Historic Preservation Overlay District.
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c. Historic Status Determinations: Instances where the historic status of an
individual property within a local historic district is in question, the zoning
administrator will use the provisions of Subsection 21A.34.020.D to make a
timely determination.
d. Any properties changing status from the most recent historic resource survey shall
be specifically identified in the updated survey and their period of significance
and historic status listed.
2. Process for Updating Historic Resource Surveys:
a. Public Hearings: A public hearing shall be held with both the historic landmark
commission and the planning commission in accordance with the standards and
procedures set forth in Chapter 21A.10, “General Application and Public Hearing
Procedures”, of this title. The historic landmark commission and planning
commission shall recommend approval or denial of the updated historic resource
survey or the approval of some modification of the updated historic resource
survey and the recommendation will be submitted to the city council.
b. City Council: Following the transmittal of the historic landmark commission’s
recommendation, the city council shall hold a public hearing to consider adopting
the updated historic survey in accordance with the procedures set forth in Chapter
21A.10, “General Application and Public Hearing Procedures”, of this title. The
city council may, by a majority vote, adopt the updated historic resource survey.
In deciding to adopt an updated historic resource survey, the city council may
consider the following in their decision making:
(1) Any benefit or impact that extending the period of significance would have on
the local district or thematic designation and the city;
(2) Any new period of significance in the updated survey is identified and
associated with at least one of the following:
(a) Events that have made significant contribution to the important patterns of
history, or
(b) Lives of persons significant in the history of the city, region, state, or
nation, or
(c) The distinctive characteristics of a type, period of significance or method
of construction; or the work of a notable architect or master craftsman, or
(d) Information important in the understanding of the prehistory or history of
Salt Lake City; and
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(3) Any properties within a new period of significance will be assessed for
aspects of integrity in terms of location, design, setting, materials,
workmanship, feeling and association as defined by the National Park Service
Aspects of integrity. When analyzing integrity, the collective historic value of
the buildings and structures in a local historic district taken together may be
greater than the historic value of each individual building or structure in a
district. If integrity is intact, the property is denoted as contributing in the
updated survey;
(4) Any notable examples of elements of the city’s history, development patterns
or architecture not typically found in other local historic districts within Salt
Lake City are specifically identified for any new periods of significance in the
updated survey;
(5) The historic survey update would be in the overall public interest.
C. City Council Action: If an updated historic resource survey is adopted by the city council,
the updated historic resource survey including any updated historic status designations
shall be used when applying provisions of the H Historic Preservation Overlay District in
Section 21A.34.020. The decision to update a historic resource survey will go into effect
on the date of the publication of the related ordinance unless otherwise noted on the
adopted ordinance.
21A.51.090: APPEAL OF DECISION:
Any party adversely affected by the decision of the city council may, within thirty (30) days
after such decision, file a petition for review to the District Court pursuant to the Municipal
Land Use Development and Management Act, Section 10-9a-801, of the Utah Code.
SECTION 11. Amending the Text of Salt Lake City Code Section 21A.60.020. That Section
21A.60.020 of the Salt Lake City Code (Zoning: List of Terms: List of Defined Terms) shall be and
hereby is amended to add the following terms in the list of defined terms to be inserted into that list
in alphabetical order:
Contributing Structure
Noncontributing Structure
Demolition (as it applies to properties within the H Historic Preservation Overlay District)
Demolition, Partial (as it applies to properties within the H Historic Preservation Overlay
District)
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Historic Design Guidelines
Historic Integrity
Economic Hardship
Historic Resource Survey
Landmark Site
Local Historic District
Period of Significance
Thematic Designation
Willful Neglect
SECTION 12. Amending the Text of Salt Lake City Code Section 21A.62.040. That
Section 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms) shall
be and hereby is amended to add the following definitions, which shall be inserted in
alphabetical order and shall read as follows:
CONTRIBUTING STRUCTURE: A structure or site within the H historic preservation
overlay district that has been determined through the process outlined in Section
21A.51.040, or an adopted historic resource survey, or Subsection 21A.34.020.D, to
generally retain historic integrity. When analyzing historic integrity of a building as part
of a local historic district, the collective historic value of the buildings and structures in a
local historic district taken together may be greater than the historic value of each
individual building or structure in a district. A contributing structure generally has its
major character defining features intact and although minor alterations may have
occurred, they are generally reversible.
DEMOLITION (AS IT APPLIES TO PROPERTIES WITHIN THE H HISTORIC
PRESERVATION OVERLAY DISTRICT): Any act or process which destroys a structure,
object or property within the H Historic Preservation Overlay District or a landmark site.
(See definition of demolition, partial.)
DEMOLITION, PARTIAL (AS IT APPLIES TO PROPERTIES WITHIN THE H
HISTORIC PRESERVATION OVERLAY DISTRICT): Partial demolition includes any act
which destroys a portion of a structure consisting of not more than twenty five percent (25%)
of the floor area of the structure, and where the portion of the structure to be demolished is
not readily visible from the street. Partial demolition also includes the demolition or removal
of additions or materials not of the historic period on any exterior elevation exceeding twenty
five percent (25%) when the demolition is part of an act of restoring original historic
elements of a structure and/or restoring a structure to its historical mass and size.
ECONOMIC HARDSHIP: Denial of a property owner of all reasonable beneficial or
economically viable use of a property without just compensation.
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HISTORIC DESIGN GUIDELINES: The historic design guidelines provide guidance in
determining the suitability and architectural compatibility of proposed maintenance, repair,
alteration or new construction while at the same time, allowing for reasonable changes that
meet current needs of properties located within the H Historic Preservation Overlay District.
For architects, designers, contractors and property owners, they provide guidance in planning
and designing future projects. For city staff and the historic landmark commission, they
provide guidance for the interpretation of the zoning ordinance standards. Design guidelines
are officially adopted by city council.
HISTORIC INTEGRITY: The ability of a property to convey its historical associations or
attributes. As defined by the National Park Service, the following aspects or qualities, in
various combinations, define historic integrity:
Location- Location is the place where the historic property was constructed or the
place where a historic event occurred.
Design: Design is the combination of elements that create the form, plan, space,
structure, and style of a property.
Setting: Setting is the physical environment of a historic property.
Materials: Materials are the physical elements that were combined or deposited
during a particular period of time and in a particular pattern or configuration to form a
historic property.
Workmanship: Workmanship is the physical evidence of the crafts of a particular
culture or people during any given period in history.
Feeling: Feeling is a property’s expression of the aesthetic or historic sense of a
particular period of time.
Association: Association is the direct link between an important historic event or
person and a historic property.
HISTORIC RESOURCE SURVEY: A systematic resource for identifying and evaluating the
quantity and quality of historic resources for land use planning purposes following the
guidelines and forms of the Utah State Historic Preservation Office. Historic resource
surveys shall be prepared by a qualified professional meeting the minimum professional
qualifications defined by the U.S. National Park Service in the fields of history, archeology,
architectural history, architecture, or historic architecture.
LANDMARK SITE: Any historic site that has been designated in accordance with
Subsection 21A.51.030.B or any site on the Salt Lake City Register of Cultural Resources. A
landmark site includes an individual building, structure or feature or an integrated group of
buildings, structures or features on a single site. Such sites are of exceptional importance to
the city, state, region or nation and impart high artistic, historic or cultural values. A
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landmark site clearly conveys a sense of time and place and enables the public to interpret the
historic character of the site. Landmark sites are subject to the regulations of Section
21A.34.020, the H Historic Preservation Overlay District.
LOCAL HISTORIC DISTRICT: A contiguous geographically definable area with a
minimum district size of one “block face”, as defined in Section 21A.62.040, designated by
the city council pursuant to the provisions in Subsection 21A.51.030.A, which contains
buildings, structures, sites, objects, landscape features, archaeological sites and works of art,
or a combination thereof, that contributes to the historic preservation goals of Salt Lake City.
All properties within a local historic district are subject to the regulations of Section
21A.34.020 the H Historic Preservation Overlay District.
NONCONTRIBUTING STRUCTURE: A structure or site within the H Historic
Preservation Overlay District that has been determined noncontributing through the
process outlined in Section 21A.51.040, or an adopted historic resource survey, or
Subsection 21A.34.020.D, and does not retain historic integrity. The major character
defining features have been so altered as to make the historic form, materials or details
indistinguishable and such alterations are irreversible. Noncontributing structures may
also include those rated out of period, and therefore, they are not representative of a
period of significance as identified in an adopted historic resource survey.
PERIOD OF SIGNIFICANCE: The period of significance is the period when the historic
events associated with a local historic district, thematic designation, or landmark site
occurred. This period must reflect the dates associated with the property or site, or in the case
of a district, the collection of properties within the district. A period of significance may be
thousands of years (in the case of an archeological property), several years, or even a few
days, depending on the duration of the event. There may be multiple periods of significance
associated with a local historic district, thematic designation, or landmark site.
THEMATIC DESIGNATION: A collection of individual sites, buildings, structures, or
features designated by City Council pursuant to the provisions in Subsection 21A.51.030.A,
which are contained in two (2) or more geographically separate areas that are united together
by historical, architectural, or aesthetic characteristics and contribute to the historic
preservation goals of Salt Lake City by protecting historical, architectural, or aesthetic
interest or value. All properties within a thematic designation are subject to the regulations of
Section 21A.34.020 the H Historic Preservation Overlay District.
WILLFUL NEGLECT: The intentional absence of routine maintenance and repair of a
building over time.
SECTION 13. Amending the Consolidated Fee Schedule. That the section of the
Salt Lake City consolidated fee schedule titled, “Zoning Fees” shall be and hereby is amended to
read as follows:
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ZONING FEES
For question regarding Zoning fees contact: 801.535.7700
Service Fee Additional Information Section
Determination of Nonconforming Use $214 21A.38.025.4
Administrative Interpretation $71 Plus $61 per hour for research after the first hour 21A.12.040.A.6
Alley Vacation/Closure $285 Fee waiver available if adequate signatures are obtained.
See also fee for required public notices (21A.10.010.E) 14.52.030. A.5
Alternative Parking
Residential $428 21A.52.040 .A.3
Nonresidential $785 21A.52.040 .A.3
Amendments
Master plan
$1,070 Plus $121 per acre in excess of one acre. See also fee for
required public notices (10.9a.204).
Utah Code
10.9A.510
Zoning map amendment $1,142 Plus $121 per acre in excess of one acre. See also fee for
required public notices (21A.10.010.E). 21A.50.040.B
Zoning text amendment $1,142 See also fee for required public notices (21A.10.010.E) 21A.50.040.B
Annexation
$1,427
See also fee for required public notices (21A.10.010.E) Utah Code 10.2.401.5
Appeal of a Decision
Administrative decision $285 See also fee for required public notices (21A.10.010.E) 21A.16.030.B
Historic Landmark Commission $285 See also fee for required public notices (21A.10.010.E) 21A.16.030.B
Planning Commission $285 See also fee for required public notices (21A.10.010.E) 21A.16.030.B
Appearance Before the Zoning Enforcement Hearing Office
First scheduled hearing No charge 21A.20.90
Second scheduled hearing $71 21A.20.90
Billboard Construction or Demolition including the
demolition of a non-conforming billboard $285 21A.46.160.D.3 & 21A.46.160.L.2
Conditional Building and Site Design Review $856 Plus $121 per acre in excess of one acre. See also fee for
required public notices (21A.10.010.E). 21A.59.070.B
Conditional Use $856 See also fee for required public notices (21.A.10.010.E). 21A.54.060.C
Condominium
Preliminary $571 Plus $37 per unit. See also fee for required public notices
(21.A.10.010.E). 20.56.40.B
Final $428 Plus $24 per unit. 20.56.40.B
Declaration of Surplus Real Property $428 2.58.040
Historic Landmarks Commission Review (Application)
Major Alterations of a principal building $100 See also fee for required public notices (21A.10.010.E) 21A.34.020
New construction of a principal building $2,982 See also fee for required public notices (21A.10.010.E) 21A.34.020
Demolition of a contributing principal building $2,406 See also fee for required public notices (21A.10.010.E) 21A.34.020
Relocation of a contributing principal building $303 See also fee for required public notices (21A.10.010.E) 21A.34.020
Reduction to boundaries of the H Historic Pres. $2,999 See also fee for required public notices (21A.10.010 E) 21A.51.050
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Overlay District
Revocation of a Landmark Site $2,999 See also fee for required public notices (21A.10.010 E) 21A.51.050
Economic Hardship $2,050 Plus $200/hour up to $20,000. See also fee for required
public notices (21A.10.010.E) 21A.34.020
Home Occupation
Non-conditional No charge Fee could be assessed in future as per ordinance 21A.36.030
Conditional No charge Fee could be assessed in future as per ordinance 21A.36.030
Outdoor Dining
Outdoor Dining Application $30 21A.40.065
Outdoor Dining Permit Fee (1-5 tables) $120 21A.40.065
Outdoor Dining Permit Fee (6 or more tables) $180 21A.40.065
Planned Development $856 Plus $121 per acre in excess of (1) acre. See also fee for
required public notices (21A.10.010.E) 21A.55
Signs
Permit fee for signs
Based on
the adopted
Building
Permit Fee
Schedule
21A.46.030
Plan checking fee $0.13 Of building permit value 21A.46.030
Inspection tag $14 21A.46.030
Site Development Permit $285 Plus $61 per acre in excess of one (1) acre 18.28.040.E
Street Closure $428 See also fee for required public notices. 2.58.040
Subdivision Amendments $428 Plus $121 per lot. See also fee for required public notices
(20.36) 20.04.120
Subdivision Preliminary Plat $428 Plus $121 per lot. See also fee for required public notices
(20.36) 20.04.120
Subdivision Final Plat $856 Plus $121 per lot. 20.04.120
Subdivision Vacations $428 See also fee for required public notices (20.36) 20.04.120
Engineering Review and Inspection Fee
5% of the
1st
$100,000 of
public
improvemen
ts & 2% for
the amount
above
$100,000
20.04.120
Subdivision Lot Line Adjustment $284 20.04.120
Subdivision Consolidating Lots $273 20.04.120
Temporary Uses $285 21A.42.060.B
Zoning Variance $428 See also fee for required public notices (21A.10.010.E) 21A.18.040.B
As per applicable sections of the city and/or state code, a fee will be assessed for required public notices. This may include sending notice by 1st class U.S.
Mail to property owners within a certain radius of the subject property and / or advertising required public hearings in a newspaper of general circulation. A
fee for each required public hearing will be assessed. The noticing fee is authorized through the following sections of the zoning ordinance and state law: Salt
Lake City Code Subsection 21A.10.010.E and Utah Code Section 10-9a-501.
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SECTION 14. Effective Date. This Ordinance shall become effective on the date of its first
publication.
Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________,
202_.
______________________________
CHAIRPERSON
ATTEST AND COUNTERSIGN:
______________________________
CITY RECORDER
Transmitted to Mayor on _______________________.
Mayor’s Action: _______Approved. _______Vetoed.
______________________________
MAYOR
______________________________
CITY RECORDER
(SEAL)
Bill No. ________ of 202_.
Published: ______________.
Ordinance amending H Historic Preservation Overlay District regs (final) 9-26-23
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date:___________________________
By: ____________________________
Paul C. Nielson, Senior City Attorney
September 26, 2023