Legislative Version Ordinance - 11/14/20231
LEGISLATIVE DRAFT
1 SALT LAKE CITY ORDINANCE
2 No. _____ of 202_
3
4 (An ordinance amending various sections of Title 21A of the Salt Lake City Code
5 pertaining to the H Historic Preservation Overlay District and
6 amending the consolidated fee schedule.)
7
8 An ordinance amending various sections of Title 21A of the Salt Lake City Code and the
9 consolidated fee schedule pursuant to Petition No. PLNPCM2023-00123 pertaining to the H
10 Historic Preservation Overlay District.
11 WHEREAS, on May 4, 2023, the Salt Lake City Historic Landmark Commission
12 (“Landmark Commission”) held a public hearing to consider a petition submitted by Mayor Erin
13 Mendenhall (“Applicant”) (Petition No. PLNPCM2023-00123) to amend various sections of
14 Title 21A of the Salt Lake City Code pertaining to the H Historic Preservation Overlay District;
15 and
16 WHEREAS, at its May 4, 2023 meeting, the Landmark Commission voted in favor of
17 transmitting a positive recommendation to the Salt Lake City Planning Commission (“Planning
18 Commission”) and the Salt Lake City Council (“City Council”) on said petition; and
19 WHEREAS, on May 24, 2023 the Planning Commission held a public hearing on said
20 petition; and
21 WHEREAS, at its May 24, 2023 meeting, the Planning Commission voted in favor of
22 transmitting a positive recommendation to the City Council on said petition; and
23 WHEREAS, after a public hearing on this matter the city council has determined that
24 adopting this ordinance is in the city’s best interests.
25 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
2
LEGISLATIVE DRAFT
26 SECTION 1. Amending the text of Salt Lake City Code Section 21A.06.040. That
27 Section 21A.06.040 of the Salt Lake City Code (Zoning: Decision Making Bodies and Officials:
28 Appeals Hearing Officer) shall be, and hereby is amended to read as follows:
29 21A.06.040: APPEALS HEARING OFFICER:
30 A. Creation: The position of Aappeals Hhearing Oofficer is created pursuant to the enabling
31 authority granted by the Municipal Land Use, Development, and Management Act,
32 sSection 10-9a-701 of the Utah Code Annotated.
33
34 B. Jurisdiction aAnd Authority: The Aappeals Hhearing Oofficer shall have the following
35 powers and duties in connection with the implementation of this title:
36
37 1. Hear and decide appeals from any administrative decision made by the Zzoning
38 Aadministrator in the administration or the enforcement of this title pursuant to the
39 procedures and standards set forth in cChapter 21A.16, “Appeals oOf Administrative
40 Decisions”, of this title;
41
42 2. Authorize variances from the terms of this title pursuant to the procedures and
43 standards set forth in cChapter 21A.18, “Variances”, of this title;
44
45 3. Hear and decide appeals of any administrative decision made by the Hhistoric
46 Llandmark Ccommission, or the planning director in the case of administrative
47 decisions, pursuant to the procedures and standards set forth in sSection 21A.34.020,
48 “H Historic Preservation Overlay District”, of this title;
49
50 4. Hear and decide appeals from decisions made by the Pplanning Ccommission
51 concerning subdivisions or subdivision amendments pursuant to the procedures and
52 standards set forth in title 20, “Subdivisions aAnd Condominiums”, of this Ccode;
53 and
54
55 5. Hear and decide appeals from administrative decisions made by the planning
56 commission pursuant to the procedures and standards set forth in this title.
57
58 C. Qualifications: The appeals hearing officer shall be appointed by the mayor with the
59 advice and consent of the city council. The mayor may appoint more than one appeals
60 hearing officer, but only one appeals hearing officer shall consider and decide upon any
61 matter properly presented for appeals hearing officer review. The appeals hearing officer
62 may serve a maximum of two (2) consecutive full terms of five (5) years each. The
63 appeals hearing officer shall either be law trained or have significant experience with
64 land use laws and the requirements and operations of administrative hearing processes.
65
3
LEGISLATIVE DRAFT
66 D. Conflict oOf Interest: The appeals hearing officer shall not participate in any appeal in
67 which the appeals hearing officer has a conflict of interest prohibited by tTitle
68 2, cChapter 2.44 of this code.
69
70 E. Removal oOf The Appeals Hearing Officer: The appeals hearing officer may be removed
71 by the mayor for violation of this title or any policies and procedures adopted by the
72 planning director following receipt by the mayor of a written complaint filed against the
73 appeals hearing officer. If requested by the appeals hearing officer, the mayor shall
74 provide the appeals hearing officer with a public hearing conducted by a hearing officer
75 appointed by the mayor.
76
77 SECTION 2. Amending the text of Salt Lake City Code Section 21A.06.050. That
78 Section 21A.06.050 of the Salt Lake City Code (Zoning: Decision Making Bodies and Officials:
79 Historic Landmark Commission) shall be, and hereby is amended to read as follows:
80 21A.06.050: HISTORIC LANDMARK COMMISSION:
81
82 A. General Provisions: The provisions of tTitle 2, cChapter 2.07 of this code shall apply to
83 the historic landmark commission except as otherwise set forth in this section.
84
85 B. Creation: The historic landmark commission was created pursuant to the enabling
86 authority granted by the hHistoric dDistrict aAct, sSection 11-18-1 et seq., of the Utah
87 Code Annotated, 1953 (repealed), and continues under the authority of Utah Code
88 Section 10-8-85.9 and the lLand uUse dDevelopment and mManagement aAct, Utah
89 cCode cChapter 10-9a.
90
91 C. Jurisdiction Aand Authority: The historic landmark commission shall:
92
93 1. Review and approve or deny an application for a certificate of appropriateness
94 pursuant to the provisions of cChapter 21A.34 of this title;
95
96 2. Participate in public education programs to increase public awareness of the value of
97 historic, architectural and cultural preservation; Communicate the benefits of historic
98 preservation for the education, prosperity, and general welfare of residents, visitors
99 and tourists;
100
101 3. Review and approve or deny applications for the demolition of contributing principal
102 structures in the H hHistoric pPreservation oOverlay dDistrict pursuant to cChapter
103 21A.34 of this title;
104
4
LEGISLATIVE DRAFT
105 4. Review designations, amendments to and boundaries of a local historic district,
106 thematic designation and landmark sites, and make a recommendation Recommend to
107 the planning commission and the city council; the boundaries for the establishment of
108 an H historic preservation overlay district and landmark sites;
109
110 5. Make recommendations when requested by the planning commission, the hearing
111 officer or the city council, as appropriate, on applications for zoning amendments and
112 conditional uses involving properties within the H hHistoric pPreservation oOverlay
113 dDistricts; when requested by the applicant, planning director, planning commission
114 or the city council;
115
116 6. Review and approve or deny certain modifications to dimensional standards for
117 properties located within an H Historic Preservation Overlay District. This authority
118 is also granted to the planning director or designee for applications within the H
119 Historic Preservation Overlay District that are eligible for an administrative approval
120 decision by the planning director or zoning administrator. The certain modifications
121 to zoning district specific development standards are listed as follows and are in
122 addition to any modification authorized elsewhere in this title:
123
124 a. Overall building and accessory structure height;
125 ba. Building and accessory structure wall height;
126 b. Accessory structure wall height;
127 c. Accessory structure square footage;
128 d. Fence and retaining wall height;
129 e. Overall building and accessory structure height;
130 ef. Signs pursuant to sSection 21A.46.070 of this title; and
131 fg. Any modification to bulk and lot regulations, except density, of the underlying
132 zoning district where it is found that the proposal complies with the applicable
133 standards identified in sSection 21A.34.020 and is compatible with the
134 surrounding historic structures.;
135 7. Make recommendations to the planning commission in connection with the
136 preparation of the general plan of the city; and
137
138 8. Make recommendations to the cCity cCouncil on design guidelines, policies and
139 ordinances that may encourage preservation of buildings and related structures of
140 historical and architectural significance.;
141
142 9. Review historic resource surveys for designations and all subsequent updates and
143 make recommendations to the planning commission and the city council;
5
LEGISLATIVE DRAFT
144
145 10. Review National Register of Historic Places nominations or amendments and make a
146 recommendation to the Utah Board of State History; and
147
148 11. Recommend to the city council development of incentive programs, either public or
149 private, to encourage the preservation of the city’s historic resources.
150
151 D. Membership: The Hhistoric Llandmark Ccommission shall consist of not less than seven
152 (7) nor more than eleven (11) voting members appointed in a manner providing balanced
153 geographic, professional, neighborhood and community interests representation. In
154 situations where a member resigns or is removed as prescribed in this code and adopted
155 policies and procedures and as a result, the number of members drops to less than seven
156 (7), the commission may still function until a 7th member is appointed. Appointment to a
157 position created by any vacancy shall not be included in the determination of any
158 person’s eligibility to serve two (2) consecutive full terms.
159
160 E. Qualifications Oof Members: Each voting member shall be a resident of the Ccity
161 interested in preservation and knowledgeable about the heritage of the Ccity. Members
162 shall be selected so as to ideally provide representation from the following groups of
163 experts and interested parties whenever a qualified candidate exists:
164
165 1. At least two (2) architects, and
166
167 2. Citizens Residents at large possessing preservation related experience in archaeology,
168 architecture, architectural history, construction, history, folk studies, law, public
169 history, real estate, real estate appraisal, or urban planning.
170
171 F. Meetings: The Hhistoric Llandmark Ccommission shall meet at least once per month or
172 as needed.
173
174 G. Commission Action: A simple majority of the voting members present at a meeting at
175 which a quorum is present shall be required for any action taken. The decision of the
176 Historic Landmark Commission shall become effective upon the posting of the record of
177 decision.
178
179 H. Public Hearings: The Hhistoric Llandmark Ccommission shall schedule and give public
180 notice of all public hearings pursuant to the provisions of cChapter 21A.10 of this title.
181
182 I. Removal Oof Aa Member: Any member of the Hhistoric Llandmark Ccommission may
183 be removed by the Mmayor for violation of this title or any policies and procedures
184 adopted by the Hhistoric Llandmark Ccommission following receipt by the Mmayor of a
185 written complaint filed against the member.
186
6
LEGISLATIVE DRAFT
187 J.Policies aAnd Procedures: The Hhistoric Llandmark Ccommission shall adopt policies
188 and procedures for the conduct of its meetings, the processing of applications and for any
189 other purposes considered necessary for its proper functioning.
190
191 SECTION 3. Amending the text of Salt Lake City Code Subsection 21A.10.020.B. That
192 Subsection 21A.010.020.B of the Salt Lake City Code (Zoning: General Application and Public
193 Hearing Procedures: Public Hearing Noticing Requirements: Special Noticing Requirements for
194 Administrative Approvals) shall be, and hereby is amended to read as follows:
195 B. Special Noticing Requirements fFor Administrative Approvals:
196
197 1. Notice Oof Application for Design Review:
198
199 a. Notification: At least twelve (12) days before a land use decision is made for an
200 administrative design review application as authorized in Chapter 21A.59 of this
201 title, the planning director shall provide written notice to the following:
202
203 (1) All owners and identifiable tenants of the subject property, land abutting the
204 subject property, and land located directly across the street from the subject
205 property. In identifying the owners and tenants of the land the city shall use
206 the Salt Lake City geographic information system records.
207 (2) Recognized community organization(s) in which the subject property is
208 located.
209
210 b. Contents of the Notice of Application: The notice shall generally describe the
211 subject matter of the application, where the public may review the application, the
212 expected date when the planning director will authorize a final land use decision,
213 and the procedures to appeal the land use decision.
214 c. End of Notification Period: If the planning director receives comments identifying
215 concerns related to the design review application not complying with the
216 requirements of Chapter 21A.59, the planning director may refer the matter to the
217 planning commission for their review and decision on the application.
218
219 2. Notice of Application for Demolition of a Noncontributing Principal Structure Within
220 An H Historic Preservation Overlay District: Prior to the approval of At least twelve
221 (12) days before a land use decision is made on an application for an administrative
222 decision for a certificate of appropriateness for demolition of a noncontributing
223 principal structure, the city shall provide written notice by first class mail a minimum
224 of twelve (12) calendar days in advance of the requested action of the request to
225 demolish the structure and to identify that a determination has been made that the
226 building has been identified as a noncontributing building. This notice will be sent to
227 all owners of the land and tenants, of abutting properties and those properties across
228 the street from the subject property within eighty-five feet (85') of the land subject to
7
LEGISLATIVE DRAFT
229 the application as shown on the Salt Lake City geographic information system
230 records. At the end of the twelve (12) day notice period, the planning director shall
231 either issue a certificate of appropriateness for demolition or refer the application to
232 the historic landmark commission.
233
234 a. Contents of the Notice of Application: The mailing notice shall generally describe
235 the subject property, include a vicinity map, include a photograph of the
236 noncontributing structure, date of construction, historic status from the most
237 recent historic survey on file or from a historic status determination, where the
238 application can be inspected by the public, and the date when the planning
239 director will issue a certificate of appropriateness for demolition.
240
241 3. Notice Of Application For Special Exceptions: Prior to the approval of an
242 administrative decision for special exceptions as authorized in chapter 21A.52 of this
243 title, the Planning Director shall provide written notice by first class mail a minimum
244 of twelve (12) days in advance of the requested action to all abutting properties and
245 those properties located across the street from the subject property, and to all property
246 owners and tenants of the land subject to the application, as shown on the Salt Lake
247 City geographic information system records.
248 a. Contents Of The Mailing Notice Of Application: The notice for mailing shall
249 generally describe the subject matter of the application, the place where such
250 application may be inspected by the public, the date when the Planning Director
251 will authorize a final administrative decision, and include the procedures to appeal
252 an administrative decision set forth in chapter 21A.16 of this title.
253
254 3. Notice oOf Application fFor TSA Development Reviews: Prior to the approval of a
255 development review score as authorized in Section 21A.26.078 of this title, the
256 planning director shall provide written notice by first class mail a minimum of twelve
257 (12) days in advance of the requested action to all abutting properties and those
258 properties located across the street from the subject property, and to all property
259 owners and tenants of the land subject to the application, as shown on the Salt Lake
260 City geographic information system records.
261 a. Contents oOf tThe Mailing Notice oOf Application: The notice for mailing shall
262 generally describe the subject matter of the application, the place where such
263 application may be inspected by the public, the date when the planning director
264 will authorize a final administrative decision, and include the procedures to appeal
265 an administrative decision set forth in Chapter 21A.16 of this title.
266
8
LEGISLATIVE DRAFT
267 SECTION 4. Amending the text of Salt Lake City Code Section 21A.34.020. That
268 Section 21A.34.020 of the Salt Lake City Code (Zoning: Overlay Districts: H Historic
269 Preservation Overlay District) shall be, and hereby is amended to read as follows:
270 21A.34.020: H HISTORIC PRESERVATION OVERLAY DISTRICT:
271
272 A. Purpose Statement
273 B. Applicability
274 C. Local Historic Designation, Amendments or Revocation
275 D. Historic Status Determination
276 E. Certificate of Appropriateness Required
277 F. Procedures for Issuance of a Certificate of Appropriateness
278 G. Standards for Alteration of a Landmark Site, Contributing Structure or New
279 Construction of an Accessory Structure
280 H. Standards for New Construction or Alteration of a Noncontributing Structure
281 I. Standards for Relocation
282 J. Standards for Demolition of a Landmark Site
283 K. Standards for Demolition of a Contributing Principal Building
284 L. Economic Hardship Determination
285 M. Reconstruction of a Carriage House on a Landmark Site
286
287
288 A. Purpose Statement:
289
290 In order to contribute to the welfare, prosperity and education of the people of Salt Lake City,
291 the purpose of the H Historic Preservation Overlay District is to:
292
293 1. Provide the means to protect and preserve areas of the Ccity and individual structures
294 and sites having historic, architectural or cultural significance;
295
296 2. Provide the means to manage alterations to historic structures to encourage beneficial
297 use and viability of the building while protecting an individual building’s contributing
298 status.
299
300 32. Encourage new development, and redevelopment and the subdivision of properties
301 lots in Historic Districts that is compatible with the character of existing development
302 of Hhistoric Ddistricts or individual landmarks;
303
304 43. Abate the destruction and demolition of historic structures;
305
306 54. Implement adopted plans of the Ccity related to historic preservation;
307
308 65. Foster civic pride in the history of Salt Lake City;
9
LEGISLATIVE DRAFT
309
310 76. Protect and enhance the attraction of the Ccity’s historic landmarks and districts for
311 tourists and visitors;
312
313 87. Foster economic development consistent with historic preservation; and
314
315 98. Encourage social, economic and environmental sustainability.
316
317 B. Definitions:
318 CONTRIBUTING STRUCTURE: A structure or site within the H Historic Preservation
319 Overlay District that meets the criteria outlined in subsection C15 of this section and is of
320 moderate importance to the City, State, region or Nation because it imparts artistic, historic
321 or cultural values. A contributing structure has its major character defining features intact and
322 although minor alterations may have occurred they are generally reversible. Historic
323 materials may have been covered but evidence indicates they are intact.
324 DEMOLITION: Any act or process which destroys a structure, object or property within the
325 H Historic Preservation Overlay District or a landmark site. (See definition of demolition,
326 partial.)
327 DEMOLITION, PARTIAL: Partial demolition includes any act which destroys a portion of a
328 structure consisting of not more than twenty five percent (25%) of the floor area of the
329 structure, and where the portion of the structure to be demolished is not readily visible from
330 the street. Partial demolition also includes the demolition or removal of additions or materials
331 not of the historic period on any exterior elevation exceeding twenty five percent (25%)
332 when the demolition is part of an act of restoring original historic elements of a structure
333 and/or restoring a structure to its historical mass and size.
334 DESIGN GUIDELINES: The design guidelines provide guidance in determining the
335 suitability and architectural compatibility of proposed maintenance, repair, alteration or new
336 construction while at the same time, allowing for reasonable changes that meet current needs
337 of properties located within the Historic Preservation Overlay District. For architects,
338 designers, contractors and property owners, they provide guidance in planning and designing
339 future projects. For City staff and the Historic Landmark Commission, they provide guidance
340 for the interpretation of the zoning ordinance standards. Design guidelines are officially
341 adopted by City Council.
342 ECONOMIC HARDSHIP: Denial of a property owner of all reasonable beneficial or
343 economically viable use of a property without just compensation.
344 HISTORIC RESOURCE SURVEY: A systematic resource for identifying and evaluating the
345 quantity and quality of historic resources for land use planning purposes following the
346 guidelines and forms of the Utah State Historic Preservation Office.
347 1. Reconnaissance level surveys (RLS) are the most basic approach for systematically
348 documenting and evaluating historic buildings in Utah communities and involves
349 only a visual evaluation of properties.
10
LEGISLATIVE DRAFT
350 2. Intensive level surveys (ILS) include in depth research involving research on the
351 property and its owners, documentation of the property’s physical appearance and
352 completion of the Utah State Historic Office’s historic site form.
353 LANDMARK SITE: Any site included on the Salt Lake City Register of Cultural Resources
354 that meets the criteria outlined in subsection C15 of this section. Such sites are of exceptional
355 importance to the City, State, region or Nation and impart high artistic, historic or cultural
356 values. A landmark site clearly conveys a sense of time and place and enables the public to
357 interpret the historic character of the site.
358 LOCAL HISTORIC DISTRICT: A geographically or thematically definable area within the
359 H Historic Preservation Overlay District designated by the City Council pursuant to the
360 provisions of this section, which contains buildings, structures, sites, objects, landscape
361 features, archaeological sites and works of art, or a combination thereof, that contributes to
362 the historic preservation goals of Salt Lake City.
363 NEW CONSTRUCTION: The building of a new principal building within the H Historic
364 Preservation Overlay District or on a landmark site.
365 NONCONTRIBUTING STRUCTURE: A structure within the H Historic Preservation
366 Overlay District that does not meet the criteria listed in subsection C15 of this section. The
367 major character defining features have been so altered as to make the original and/or historic
368 form, materials and details indistinguishable and alterations are irreversible. Noncontributing
369 structures may also include those which are less than fifty (50) years old.
370 THEMATIC DESIGNATION: A collection of individual sites, buildings, structures, or
371 features which are contained in two (2) or more geographically separate areas that are united
372 together by historical, architectural, or aesthetic characteristics and contribute to the historic
373 preservation goals of Salt Lake City by protecting historical, architectural, or aesthetic
374 interest or value.
375 WILLFUL NEGLECT: The intentional absence of routine maintenance and repair of a
376 building over time.
377 B. Applicability: All properties located within the boundaries of a local historic district, part
378 of a thematic designation, or designated as a landmark site are subject to the requirements
379 of this chapter.
380
381 1. Applicable Standards: The applicable standards of this chapter are determined by the
382 historic status rating of the property, either contributing or noncontributing, as
383 identified in the most recent historic resource survey on file with the Salt Lake City
384 Planning Division or a historic status determination issued in accordance with
385 Subsection 21A.34.020.D.
386
387 C. Local Historic Designation, Amendments, or Revocation: Local Historic Designation,
388 Adjustment, Expansion, or Revocation oOf aA Landmark Site, Local Historic District
389 oOr Thematic Designation shall follow the applicable procedures and standards in
11
LEGISLATIVE DRAFT
390 Chapter 21A.51 Local Historic Designation and Amendments.; H Historic Preservation
391 Overlay District:
392
393 1. Intent: Salt Lake City will consider the designation of a landmark site, or thematic
394 designation in order to protect the best examples of historic resources which represent
395 significant elements of the City’s prehistory, history, development patterns or
396 architecture. Designation of a local historic district must be in the best interest of the
397 City and achieve a reasonable balance between private property rights and the public
398 interest in preserving the City’s cultural, historic, and architectural heritage. The City
399 Council shall determine that designation of a landmark site, local historic district or
400 thematic designation is the best method of preserving a unique element of history
401 important to understanding the prehistory or history of the area encompassed by the
402 current Salt Lake City corporate boundaries.
403 2. City Council May Designate Or Amend Landmark Sites, Local Historic Districts Or
404 Thematic Designations: Pursuant to the procedures in this section and the standards
405 for general amendments in section 21A.50.050 of this title the City Council may by
406 ordinance apply the H Historic Preservation Overlay District and:
407 a. Designate as a landmark site an individual building, structure or feature or an
408 integrated group of buildings, structures or features on a single lot or site having
409 exceptional importance to the City, State, region or Nation and impart high
410 artistic, historic or cultural values. A landmark site clearly conveys a sense of
411 time and place and enables the public to interpret the historic character of the site;
412 b. Designate as a local historic district a contiguous area with a minimum district
413 size of one “block face”, as defined in section 21A.62.040 of this title, containing
414 a number of sites, buildings, structures or features that contribute to the historic
415 preservation goals of Salt Lake City by protecting historical, architectural, or
416 aesthetic interest or value and constituting a distinct section of the City;
417 c. Designate as a thematic designation a collection of sites, buildings, structures, or
418 features which are contained in two (2) or more geographically separate areas that
419 are united together by historical, architectural, or aesthetic characteristics and
420 contribute to the historic preservation goals of Salt Lake City by protecting
421 historical, architectural, or aesthetic interest or value; and
422 d. Amend designations to add or remove features or property to or from a landmark
423 site, local historic district or thematic designation.
424 3. Preapplication Conference: Prior to the submittal of an application for the designation
425 or amendment to a landmark site(s), local historic district(s) or thematic
426 designation(s), and prior to gathering any signatures in support of such an application,
427 a potential applicant shall attend a preapplication conference with the Planning
428 Director or designee. The purpose of this meeting is to discuss the merits of the
429 proposed designation and the amendment processes as outlined in this section.
430 4. Notification Of Affected Property Owners: Following the preapplication conference
431 outlined in subsection C3 of this section and prior to the submittal of an application
12
LEGISLATIVE DRAFT
432 for the designation or amendment to a local historic district(s) or thematic
433 designation(s), the City shall send by first class mail a neutral informational pamphlet
434 to owners of record for each property potentially affected by a forthcoming
435 application. The informational pamphlet shall contain, at a minimum, a description of
436 the process to create a local historic district and will also list the pros and cons of a
437 local historic district. The informational pamphlet shall be mailed after a potential
438 applicant submits to the City a finalized proposed boundary of an area to be included
439 in the H Historic Preservation Overlay District. Once the City sends the informational
440 pamphlet, property owner signature gathering may begin per subsection C5b of this
441 section. The informational pamphlet sent shall remain valid for ninety (90) days. If an
442 application is not filed with the City within ninety (90) days after the date that the
443 informational pamphlet was mailed, the City shall close its file on the matter. Any
444 subsequent proposal must begin the application process again.
445 5. Petition Initiation For Designation Of A Landmark Site, Local Historic District Or
446 Thematic Designation:
447 a. Petition Initiation For H Historic Preservation Overlay District; Landmark Site:
448 Any owner of property proposed for a landmark site, the Mayor or the City
449 Council, by majority vote, may initiate a petition to consider the designation of a
450 landmark site.
451 b. Petition Initiation For H Historic Preservation Overlay District; Local Historic
452 District Or Thematic Designation: A property owner initiating such a petition
453 shall demonstrate, in writing, support of more than thirty three percent (33%) of
454 the property owners of lots or parcels within the proposed boundaries of an area to
455 be included in the H Historic Preservation Overlay District. The Mayor or the
456 City Council, by a majority vote, may initiate a petition to consider designation of
457 a local historic district or thematic designation.
458 (1) For purposes of this subsection, a lot or parcel of real property may not be
459 included in the calculation of the required percentage unless the application is
460 signed by property owners representing at least fifty percent (50%) of the
461 interest in that lot or parcel.
462 (2) Each lot or parcel of real property may only be counted once toward the
463 thirty three percent (33%), regardless of the number of owner signatures
464 obtained for that lot or parcel.
465 (3) Signatures obtained to demonstrate support of more than thirty three percent
466 (33%) of the property owners within the boundary of the proposed local
467 historic district or thematic designation must be gathered within a period of
468 ninety (90) days as counted between the date that the informational pamphlet
469 was mailed as required per subsection C4 of this section and the date of the
470 last required signature.
471 c. Fees: No application fee will be required for a petition initiated by a property
472 owner for designation of a property to the H Historic Preservation Overlay
473 District.
13
LEGISLATIVE DRAFT
474 6. Notice Of Designation Application Letter: Following the receipt by the City of an
475 application for the designation or amendment to a local historic district(s) or thematic
476 designation(s), the City shall send a notice of designation application letter to
477 owner(s) of record for each property affected by said application along with a second
478 copy of the informational pamphlet described in subsection C4 of this section. In the
479 event that no application is received following the ninety (90) day period of property
480 owner signature gathering, the City will send a letter to property owner(s) of record
481 stating that no application has been filed, and that the City has closed its file on the
482 matter.
483 7. Planning Director Report To The City Council: Following the initiation of a petition
484 to designate a landmark site or a local historic district or thematic designation, the
485 Planning Director shall submit a report based on the following considerations to the
486 City Council:
487 a. Whether a current survey meeting the standards prescribed by the State Historic
488 Preservation Office is available for the landmark site or the area proposed for a
489 local historic district or thematic designation. If a suitable survey is not available,
490 the report shall propose a strategy to gather the needed survey data.
491 b. The City administration will determine the priority of the petition and determine
492 whether there is sufficient funding and staff resources available to allow the
493 Planning Division to complete a community outreach process, historic resource
494 analysis and to provide ongoing administration of the new landmark site, local
495 historic district or thematic designation if the designation is approved by the City
496 Council. If sufficient funding is not available, the report shall include a proposed
497 budget.
498 c. Whether the proposed designation is generally consistent with the purposes, goals,
499 objectives and policies of the City as stated through its various adopted planning
500 documents.
501 d. Whether the proposed designation would generally be in the public interest.
502 e. Whether there is probable cause to believe that the proposed landmark site, local
503 historic district or thematic designation may be eligible for designation consistent
504 with the purposes and designation criteria in subsection C15 of this section and
505 the zoning map amendment criteria in section 21A.50.050, “Standards For
506 General Amendments”, of this title.
507 f. Verification that a neutral informational pamphlet was sent per subsection C4 of
508 this section to all property owners within a proposed local historic district
509 following the presubmittal process outlined in subsection C3 of this section.
510 8. Property Owner Meeting: Following the submission of the Planning Director’s report
511 and acceptance of the report by the City Council, the Planning Division will conduct
512 a community outreach process to inform the owners of property within the proposed
513 boundaries of the proposed landmark site, local historic district or thematic
514 designation about the following:
14
LEGISLATIVE DRAFT
515 a. The designation process, including determining the level of property owner
516 support, the public hearing process, and final decision making process by the City
517 Council; and
518 b. Zoning ordinance requirements affecting properties located within the H Historic
519 Preservation Overlay District, adopted design guidelines, the design review
520 process for alterations and new construction, the demolition process and the
521 economic hardship process.
522 9. Open House: Following the property owner meeting, the Planning Division will
523 conduct an open house for the owners of property within the proposed boundaries of
524 the local historic district or thematic designation to provide the information described
525 in subsections C8a and C8b of this section.
526 10. Public Hearing Process:
527 a. Historic Landmark Commission Consideration: Following the initiation of a
528 petition to designate a landmark site or a local historic district, the Historic
529 Landmark Commission shall hold a public hearing and review the request by
530 applying subsection C15, “Standards For The Designation Of A Landmark Site,
531 Local Historic District Or Thematic Designation”, of this section. Following the
532 public hearing, the Historic Landmark Commission shall recommend approval,
533 approval with modifications or denial of the proposed designation and shall then
534 submit its recommendation to the Planning Commission and the City Council.
535 b. Planning Commission Consideration: Following action by the Historic Landmark
536 Commission, the Planning Commission shall hold a public hearing and shall
537 recommend approval, approval with modifications or denial of the proposed
538 designation based on the standards of section 21A.50.050 of this title, zoning map
539 amendments and shall then submit its recommendation to the City Council.
540 11. Property Owner Opinion Balloting:
541 a. Following the completion of the Historic Landmark Commission and Planning
542 Commission public hearings, the City will deliver property owner opinion ballots
543 via first class mail to property owners of record within the boundary of the
544 proposed local historic district or thematic designation. The property owner
545 opinion ballot is a nonbinding opinion poll to inform the City Council of property
546 owner interest regarding the designation of a local historic district. Each
547 individual property in the proposed designation boundary, regardless of the
548 number of owners having interest in any given property, will receive one property
549 owner opinion ballot.
550 (1) A property owner is eligible to vote regardless of whether or not the property
551 owner is an individual, a private entity, or a public entity;
552 (2) The Municipality shall count no more than one property owner opinion ballot
553 for:
554 (A) Each parcel within the boundaries of the proposed local historic district
555 or area; or
15
LEGISLATIVE DRAFT
556 (B) If the parcel contains a condominium project, each unit within the
557 boundaries of the proposed local historic district or area; and
558 (3) If a parcel or unit has more than one owner of record, the Municipality shall
559 count a property owner opinion ballot for the parcel or unit only if the
560 property owner opinion ballot reflects the vote of the property owners who
561 own at least fifty percent (50%) interest in the parcel or unit.
562 b. Property owners of record will have thirty (30) days from the postmark date of the
563 property owner opinion ballot to submit a response to the City indicating the
564 property owner’s support or nonsupport of the proposed designation.
565 c. A letter shall be mailed to all property owners within the proposed local historic
566 district or thematic designation whose property owner opinion ballot has not been
567 received by the City within fifteen (15) days from the original postmark date. This
568 follow up letter will encourage the property owners to submit a property owner
569 opinion ballot prior to the thirty (30) day deadline date set by the mailing of the
570 first property owner opinion ballot.
571 12. Notification Of Property Owner Opinion Balloting Results: Following the public
572 opinion balloting for the proposed designation, the City will send notice of the results
573 to all property owners within the proposed local historic district, area, or thematic
574 designation.
575 13. City Council Consideration: Following the transmittal of the Historic Landmark
576 Commission and the Planning Commission recommendations and the results of the
577 property owner opinion process, the City Council shall hold a public hearing to
578 consider the designation of a landmark site, local historic district or thematic
579 designation.
580 a. Designation Of A Landmark Site: The City Council may, by a majority vote,
581 designate a landmark site.
582 b. Designation Of A Local Historic District Or Thematic Designation:
583 (1) If the property owner opinion ballots returned equals at least two-thirds (2/3)
584 of the total number of returned property owner support ballots, and represents
585 more than fifty percent (50%) of the parcels and units (in the case of a
586 condominium project) within the proposed local historic district, area, or
587 thematic designation, the City Council may designate a local historic district
588 or a thematic district by a simple majority vote.
589
590 (2) If the number of property owner opinion ballots received does not meet the
591 threshold identified in subsection C13b(1) of this section, the City Council
592 may only designate a local historic district, area, or a thematic district by an
593 affirmative vote of two-thirds (2/3) of the members of the City Council.
594 (3) If the number of property owner opinion ballots received in support and in
595 opposition is equal, the City Council may only designate a local historic
596 district or a thematic district by a super majority vote.
16
LEGISLATIVE DRAFT
597 c. Following Designation: Following City Council designation of a landmark site,
598 local historic district or thematic designation, all of the property located within the
599 boundaries of the H Historic Preservation Overlay District shall be subject to the
600 provisions of this section. The zoning regulations will go into effect on the date of
601 the publication of the ordinance unless otherwise noted on the adoption ordinance.
602 14. Notice Of Designation: Within thirty (30) days following the designation of a
603 landmark site, local historic district or thematic designation, the City shall provide
604 notice of the action to all owners of property within the boundaries of the H Historic
605 Preservation Overlay District. In addition, a notice shall be recorded in the Office of
606 the County Recorder for all lots or parcels within the area added to the H Historic
607 Preservation Overlay District.
608 15. Standards For The Designation Of A Landmark Site, Local Historic District Or
609 Thematic Designation: Each lot or parcel of property proposed as a landmark site, for
610 inclusion in a local historic district, or for thematic designation shall be evaluated
611 according to the following:
612 a. Significance in local, regional, State or national history, architecture, engineering
613 or culture, associated with at least one of the following:
614 (1) Events that have made significant contribution to the important patterns of
615 history, or
616 (2) Lives of persons significant in the history of the City, region, State, or
617 Nation, or
618 (3) The distinctive characteristics of a type, period or method of construction; or
619 the work of a notable architect or master craftsman, or
620 (4) Information important in the understanding of the prehistory or history of
621 Salt Lake City; and
622 b. Physical integrity in terms of location, design, setting, materials, workmanship,
623 feeling and association as defined by the National Park Service for the National
624 Register of Historic Places;
625 c. The proposed local historic district or thematic designation is listed, or is eligible
626 to be listed on the National Register of Historic Places;
627 d. The proposed local historic district contains notable examples of elements of the
628 City’s history, development patterns or architecture not typically found in other
629 local historic districts within Salt Lake City;
630 e. The designation is generally consistent with adopted planning policies; and
631 f. The designation would be in the overall public interest.
632 16. Factors To Consider: The following factors may be considered by the Historic
633 Landmark Commission and the City Council to help determine whether the proposed
634 designation of a landmark site, local historic district or thematic designation meets the
635 criteria listed above:
17
LEGISLATIVE DRAFT
636 a. Sites should be of such an age which would allow insight into whether a property
637 is sufficiently important in the overall history of the community. Typically this is
638 at least fifty (50) years but could be less if the property has exceptional
639 importance.
640 b. Whether the proposed local historic district contains examples of elements of the
641 City’s history, development patterns and/or architecture that may not already be
642 protected by other local historic districts within the City.
643 c. Whether designation of the proposed local historic district would add important
644 knowledge that advances the understanding of the City’s history, development
645 patterns and/or architecture.
646 d. Whether approximately seventy five percent (75%) of the structures within the
647 proposed boundaries are rated as contributing structures by the most recent
648 applicable historic survey.
649 17. Boundaries Of A Proposed Landmark Site: When applying the evaluation criteria in
650 subsection C15 of this section, the boundaries of a landmark site shall be drawn to
651 ensure that historical associations, and/or those which best enhance the integrity of
652 the site comprise the boundaries.
653 18. Boundaries Of A Proposed Local Historic District: When applying the evaluation
654 criteria in subsection C15 of this section, the boundaries shall be drawn to ensure the
655 local historic district:
656 a. Contains a significant density of documented sites, buildings, structures or
657 features rated as contributing structures in a recent historic survey;
658 b. Coincides with documented historic boundaries such as early roadways, canals,
659 subdivision plats or property lines;
660 c. Coincides with logical physical or manmade features and reflect recognized
661 neighborhood boundaries; and
662 d. Contains nonhistoric resources or vacant land only where necessary to create
663 appropriate boundaries to meet the criteria of subsection C15 of this section.
664 19. Boundaries Of A Proposed Thematic Designation: When applying the evaluation
665 criteria of this section, the boundaries shall be drawn to ensure the thematic
666 designation contains a collection of sites, buildings, structures, or features that are
667 united together by historical, architectural, or aesthetic characteristics and contribute
668 to the historic preservation goals of Salt Lake City by protecting historical,
669 architectural, or aesthetic interest or value.
670 D. The Adjustment Or Expansion Of Boundaries Of An H Historic Preservation Overlay
671 District And The Revocation Of The Designation Of Landmark Site:
672 1. Procedure: The procedure for the adjustment of boundaries of an H Historic
673 Preservation Overlay District and the revocation of the designation of a landmark site
674 shall be the same as that outlined in subsection C of this section.
18
LEGISLATIVE DRAFT
675 2. Criteria For Adjusting The Boundaries Of An H Historic Preservation Overlay
676 District: Criteria for adjusting the boundaries of an H Historic Preservation Overlay
677 District are as follows:
678 a. The properties have ceased to meet the criteria for inclusion within an H Historic
679 Preservation Overlay District because the qualities which caused them to be
680 originally included have been lost or destroyed, or such qualities were lost
681 subsequent to the Historic Landmark Commission recommendation and adoption
682 of the district;
683 b. Additional information indicates that the properties do not comply with the
684 criteria for selection of the H Historic Preservation Overlay District as outlined in
685 subsection C15 of this section; or
686 c. Additional information indicates that the inclusion of additional properties would
687 better convey the historical and architectural integrity of the H Historic
688 Preservation Overlay District, provided they meet the standards outlined in
689 subsection C15 of this section.
690 3. Criteria For The Expansion Of An Existing Landmark Site, Local Historic District Or
691 Thematic Designation: A proposed expansion of an existing landmark site, local
692 historic district or thematic designation shall be considered utilizing the provisions of
693 subsections C15 through C19 of this section.
694 4. Criteria For The Revocation Of The Designation Of A Landmark Site: Criteria are as
695 follows:
696 a. The property has ceased to meet the criteria for designation as a landmark site
697 because the qualities that caused it to be originally designated have been lost or
698 destroyed or the structure has been demolished; or
699 b. Additional information indicates that the landmark site does not comply with the
700 criteria for selection of a landmark site as outlined in subsection C15 of this
701 section; or
702 c. Additional information indicates that the landmark site is not of exceptional
703 importance to the City, State, region or Nation.
704 D. Historic Status Determination:
705
706 1. Purpose: Historic status determinations are to address the historic status of individual
707 structures within a local historic district on a case-by-case basis through robust review
708 of documentation in order to render a timely decision on the historic status for
709 circumstances outlined below.
710
711 2. Applicability: Historic status determinations may be rendered for properties within an
712 existing local historic district using the considerations in Subsection 21A.34.020.D.7
713 to determine whether they are contributing or noncontributing to the local historic
714 district for the following:
715
19
LEGISLATIVE DRAFT
716 a. Unrated Properties: Properties that were inadvertently missed in a survey or not
717 given a historic status rating;
718
719 b. Incorrectly Rated Properties: Properties that may have been given an incorrect
720 status rating in a survey;
721
722 3. Authority: Historic status determinations shall be made by the zoning administrator in
723 the form of an administrative interpretation.
724
725 4. Persons Entitled to Seek Historic Status Determinations: Application for a historic
726 status determination may be made by the owner of the subject property or the owner’s
727 authorized agent. The planning director may also initiate a petition for a historic
728 status determination.
729
730 5. Limitations: A historic status determination shall not:
731
732 a. Change the boundaries of the local historic district;
733 b. Be issued for landmark sites;
734 c. Be issued for structures that are not within period of significance in an adopted
735 historic resource survey.
736
737 6. Application for Historic Status Determination: An administrative interpretation
738 application may be made to the zoning administrator on a form provided, which shall
739 include at least the following information, unless deemed unnecessary by the zoning
740 administrator:
741
742 a. The applicant’s name, address, telephone number, e-mail address and interest in
743 the subject property. The owner’s name, address and telephone number, if
744 different than the applicant, and the owner’s signed consent to the filing of the
745 application;
746 b. The street address, legal description and tax number of the subject property;
747 c. Current and historic photographs;
748 d. Any historic resource surveys and reports on record in the Planning Division or
749 the Utah State Historic Preservation Office;
750 e. Description of any alterations to the structure and the date of approval for any
751 alterations;
752 f. The historic status rating the applicant believes to be correct. When the request is
753 to change the historic status rating, the applicant shall state in the application the
754 reason(s) the existing historic rating is incorrect and why it should be changed
755 based on the considerations in Subsection 21A.34.020.D.7, or provide an
756 intensive level historic resource survey conducted in accordance with the Utah
757 State Preservation Office standards for building surveys addressing the
20
LEGISLATIVE DRAFT
758 considerations in Subsection 21A.34.020.D.7 for analysis by the zoning
759 administrator.
760
761 g. Any other information the zoning administrator deems necessary for a full and
762 proper consideration of the particular application.
763
764 7. Considerations for Historic Status Determinations: A historic status determination
765 may include the following considerations:
766
767 a. Whether alterations that have occurred are generally reversible.
768 b. Whether the building contributes to an understanding of a period of significance
769 of a neighborhood, community, or area.
770 c. Whether or not the building retains historic integrity in terms of location, design,
771 setting, materials, workmanship, feeling and association as defined in Section
772 21A.62.040. The analysis shall take into consideration how the building reflects
773 the historical or architectural merits of the overall local historic district in which
774 the resource is located. When analyzing historic integrity of a building as part of a
775 local historic district, the collective historic value of the buildings and structures
776 in a local historic district taken together may be greater than the historic value of
777 each individual building or structure in a district.
778 8. Decision: Written findings documenting the historic status determination shall be sent
779 to the applicant and members of the historic landmark commission and kept on file in
780 city records.
781
782 9. Updating Records: If the historic status determination is different than the property’s
783 historic rating in the most recent historic resource survey, the determination will
784 stand, and the city’s applicable historic resource survey(s) will be updated to reflect
785 the determination.
786
787 10. Appeal of Decision: Any person adversely affected by a final decision made by the
788 zoning administrator interpreting a provision of this title may appeal to the appeals
789 hearing officer in accordance with the provisions of Chapter 21A.16 of this title.
790
791 E. Certificate oOf Appropriateness Required: After the establishment of an H Historic
792 Preservation Overlay District, or the designation of a landmark site, nNo alteration in the
793 exterior appearance of a structure, site, or object or work of art affecting the landmark
794 site or a property within the H Historic Preservation Overlay District shall be made or
795 permitted to be made unless or until the an application for a certificate of appropriateness
796 is has been submitted to, and approved by, the Hhistoric Llandmark Ccommission, or
797 administratively by the Pplanning Ddirector, as applicable, pursuant to sSubsection F of
798 this section. Certificates of appropriateness shall be required for:
799
21
LEGISLATIVE DRAFT
800 1. A certificate of appropriateness shall be required for all of the following:
801 a1. Any exterior alteration to the property or any structure on the property unless
802 specifically exempted under Subsection 21A.34.020.E.2; construction needing a
803 building permit;
804 b2. New construction; Removal and replacement or alteration of architectural
805 detailing, such as porch columns, railing, window moldings, cornices and siding;
806 c3. Relocation of a structure or object on the same site or to another site;
807 d4. Demolition; Construction of additions or decks;
808 5. Alteration or construction of accessory structures, such as garages, etc.;
809 6. Alterations to windows and doors, including replacement or changes in fenestration
810 patterns;
811 7. Construction or alteration of porches;
812 8. Masonry work including, but not limited to, tuckpointing, sandblasting, painting and
813 chemical cleaning;
814 9. The construction or alterations of site features including, but not limited to, fencing,
815 walls, paving and grading;
816 10. Installation or alteration of any exterior sign;
817 11. Any demolition;
818 12. New construction; and
819 13. Installation of an awning over a window or door.
820 2. Exemptions: The following are exempt from obtaining a Certificate of
821 Appropriateness:
822
823 a. Installation of storm windows;
824 b. Landscaping that:
825
826 (1) Complies with the standards of this title;
827 (2) Does not include a wall fence or grade changes; and
828 (3) Is not an attribute that is a character defining feature of the property or
829 streetscape;
830
831 c. Painting of surfaces that does not include unpainted stone, brick or cement;
832
833 d. Plaques, boxes, and other similar objects that measure 18 inches or less in any
834 dimension, contain no electrical components, and are attached to exterior finish
835 material or mounted through mortar joints when on a masonry wall;
836
22
LEGISLATIVE DRAFT
837 e. Electrical, gas, or water meters or outlets, including electric vehicle charging
838 outlets, that are in a location that is not visible from the public right of way;
839
840 f. Heating, ventilation and air conditioning systems that do not require new conduit
841 and are not visible from the public right of way; and
842
843 g. Solar energy collection systems meeting the priority locations outlined in
844 Subsections 21A.40.190.B.3.a through 21A.40.190.B.3.c.
845
846 F. Procedure Ffor Issuance oOf Certificate oOf Appropriateness:
847
848 1. Administrative Authority Decision: The following may be decided by the planning
849 director or designee: Certain types of construction or demolition may be approved
850 administratively subject to the following procedures:
851 a. Types Of Construction: The following may be approved by administrative
852 decision:
853 a. (1)Minor alteration of or addition to a landmark site or contributing site, building,
854 and/or structure;
855 b. (2)Alteration of or addition to a noncontributing site building or structure;
856 c. (3)Partial demolition of either a landmark site or a contributing principal building
857 or structure;
858 d. (4) Demolition of an accessory building or structure; and
859 e. (5) Demolition of a noncontributing building or structure.; and
860 (6) Installation of solar energy collection systems pursuant to
861 section 21A.40.190 of this title.
862 b. Submission Of Application: An application for a certificate of appropriateness
863 shall be made on a form prepared by the Planning Director or designee, and shall
864 be submitted to the Planning Division. The Planning Director shall make a
865 determination of completeness pursuant to chapter 21A.10 of this title., and shall
866 forward the application for review and decision.
867 c. Materials Submitted With Application: The application shall include photographs,
868 construction drawings, and other documentation such as an architectural or
869 massing model, window frame sections, and samples and any further information
870 or documentation as the Zoning Administrator deems necessary in order to fully
871 consider and analyze the application. deemed necessary to consider the
872 application properly and completely.
873 d. Fees: No application fee will be required for a certificate of appropriateness that is
874 administratively approved.
875 e. Notice Of Application For Demolition Of A Noncontributing Building Or
876 Structure: An application for demolition of a noncontributing building or structure
23
LEGISLATIVE DRAFT
877 shall require notice for determination of noncontributing sites pursuant to chapter
878 21A.10 of this title. The applicant shall be responsible for payment of all fees
879 established for providing the public notice required by chapter 21A.10 of this title.
880 f. Standards Of Approval: The application shall be reviewed according to the
881 standards set forth in subsections G and H of this section, whichever is applicable.
882 g. Review And Decision By The Planning Director: On the basis of written findings
883 of fact, the Planning Director or the Planning Director’s designee shall either
884 approve, or conditionally approve, the certificate of appropriateness based on the
885 standards in subsections G and H of this section, whichever is applicable, within
886 thirty (30) days following receipt of a completed application. The decision of the
887 Planning Director shall become effective at the time the decision is made.
888 h. Referral Of Application By Planning Director To Historic Landmark
889 Commission: The Planning Director may refer any application to the Historic
890 Landmark Commission due to the complexity of the application, the significance
891 of change to the landmark site or contributing building in the H Historic
892 Preservation Overlay District, or the need for consultation for expertise regarding
893 architectural, construction or preservation issues, or if the application does not
894 meet the standards of review.
895 2. Historic Landmark Commission Authority: The following Certain types of
896 construction, demolition and relocation shall only be decided approved by the
897 Hhistoric Llandmark Ccommission subject to the following procedures:
898
899 a. Types Of Construction: The following shall be reviewed by the Historic
900 Landmark Commission:
901 a. (1)Substantial alteration or addition to a landmark site or contributing site,
902 building, and/or structure;
903 b. (2) New construction of principal building in the H Historic Preservation Overlay
904 District;
905 c. (3) Relocation of landmark site or contributing principal building;
906 d. (4) Demolition of landmark site or contributing principal building;
907 e. Economic hardship determination;
908 f. Reconstruction of a carriage house on a landmark site; and
909 g. (5) Applications for administrative approval referred by the Pplanning Ddirector.;
910 and
911 (6) Installation of solar energy collection systems on the front facade of the
912 principal building in a location most compatible with the character defining
913 features of the home pursuant to section 21A.40.190 of this title.
914 (7) Reconstruction of a carriage house on a landmark site.
915
916 3b. Submission oOf Application: An application for a certificate of appropriateness shall
917 be made on an application form prepared by the zoning administrator and
24
LEGISLATIVE DRAFT
918 accompanied by applicable fees as noted in the Salt Lake City consolidated fee
919 schedule. The applicant shall also be responsible for payment of all mailing fees
920 established for required public noticing. the Planning Director or designee, and shall
921 be submitted to the Planning Division. The Planning Director shall make a
922 determination of completeness pursuant to chapter 21A.10 of this title., and shall
923 forward the application for review and decision. The procedure for an application for
924 a certificate of appropriateness shall be the same as specified in subsection F1b of this
925 section.
926 a. General Application Requirements: A complete application shall include the
927 following unless deemed unnecessary by the zoning administrator:
928
929 (1) The applicant’s name, address, telephone number, e-mail address and interest
930 in the subject property;
931
932 (2) The owner’s name, address and telephone number, if different than the
933 applicant, and the owner’s signed consent to the filing of the application;
934
935 (3) The street address and legal description of the subject property;
936
937 (4) A narrative including a complete description of the project and how it meets
938 review standards with citation of supporting adopted city design guidelines;
939
940 (5) Current and historic photographs of the property
941
942 (6) A site plan or drawing drawn to a scale which includes the following
943 information: property lines, lot dimensions, topography, adjacent streets,
944 alleys and walkways, landscaping and buffers, existing and proposed
945 buildings and structures, lot coverage, grade changes, parking spaces, trash
946 receptacles, drainage features, proposed setbacks and other details required for
947 project evaluation;
948
949 (7) Elevation drawings and details for all impacted facades;
950
951 (8) Illustrative photos and or samples of all proposed façade materials;
952
953 (9) Building, wall, and window section drawings;
954
955 (10) Any further information or documentation as the zoning administrator deems
956 necessary in order to fully consider and analyze the application.
957
958 b. New Construction Application Requirements: In addition to the general
959 application requirements listed above, applications for new construction of a
960 primary structure shall include the following unless deemed unnecessary by the
961 zoning administrator:
25
LEGISLATIVE DRAFT
962 c. Fees: The application shall be accompanied by the applicable fees shown on the
963 Salt Lake City consolidated fee schedule. The applicant shall also be responsible
964 for payment of all fees established for providing the public notice required
965 by chapter 21A.10 of this title.
966 d. Materials Submitted With Application: An application shall be made on a form
967 provided by the Planning Director and shall be submitted to the Planning Division
968 in accordance with subsection F1c of this section, however specific requirements
969 for new construction shall include the following information unless deemed
970 unnecessary by the Zoning Administrator:
971 (1) The applicant’s name, address, telephone number, e-mail address and interest
972 in the subject property;
973 (2) The owner’s name, address and telephone number, if different than the
974 applicant, and the owner’s signed consent to the filing of the application;
975 (3) The street address and legal description of the subject property;
976 (4) A narrative including a complete description of the project and how it meets
977 review standards with citation of supporting adopted City design guidelines;
978 (1) (5)A context plan showing property lines, building footprints, front yard
979 setbacks, adjacent streets and alleys, historic district boundaries,
980 contributing/noncontributing structures and landmark sites;
981
982 (2) (6) A streetscape study which includes height measurements for each primary
983 structure on the block face;
984 (7) A site plan or drawing drawn to a scale which includes the following
985 information: property lines, lot dimensions, topography, adjacent streets,
986 alleys and walkways, landscaping and buffers, existing and proposed
987 buildings and structures, lot coverage, grade changes, parking spaces, trash
988 receptacles, drainage features, proposed setbacks and other details required for
989 project evaluation;
990 (8) Elevation drawings and details for all facades;
991 (9) Illustrative photos and/or samples of all proposed facade materials;
992 (10) Building, wall, and window section drawings;
993 (3) (11) Renderings 3D models that show the new construction in relation to
994 neighboring buildings; and
995 (4) (12) Renderings 3D models that show the new construction from the
996 pedestrian perspective.; and
997 (13) Any further information or documentation as the Zoning Administrator
998 deems necessary in order to fully consider and analyze the application.
999 4e. Notice: Applications for a certificate of appropriateness are subject to the notification
1000 requirements of Chapter 2.60 of this code. shall require notice pursuant to chapter
26
LEGISLATIVE DRAFT
1001 21A.10 of this title. An application for a certificate of appropriateness for demolition
1002 of a noncontributing building or structure shall require notice pursuant to Chapter
1003 21A.10 of this title. The applicant shall be responsible for payment of all fees
1004 established for providing the public notice required by Chapters 2.60 and 21A.10 of
1005 this title.
1006 f. Public Hearing: Applications for a certificate of appropriateness shall require a
1007 public hearing pursuant to chapter 21A.10 of this title.
1008 5g. Standards fFor Approval: The Aapplications for a certificate of appropriateness shall
1009 be reviewed according to the standards set forth in sSubsections G through KM of
1010 this section, whichever are applicable.
1011 6. Administrative Decisions: The planning director or designee shall approve,
1012 conditionally approve, or deny the application for a certificate of appropriateness
1013 based upon written findings of fact. The decision of the planning director or designee
1014 shall become effective upon issuance of the certificate of appropriateness.
1015 a. Referral of Application to Historic Landmark Commission: The planning director
1016 or designee may refer any application to the historic landmark commission due to
1017 the complexity of the application, the significance of change to the structure or
1018 site, or the need for consultation for expertise regarding architectural or other
1019 preservation issues.
1020 7h. Review And Decision By The Historic Landmark Commission Decisions: The
1021 Hhistoric Llandmark Ccommission shall hold a public hearing to review the
1022 application in accordance with the standards and procedures set forth in Chapter
1023 21A.10 of this title. make a decision at a regularly scheduled meeting, following
1024 receipt of a completed application. The historic landmark commission shall approve,
1025 conditionally approve, or deny the application based upon written findings of fact.
1026 The decision of the historic landmark commission shall become effective at the time
1027 the decision is made. Following a decision from the historic landmark commission to
1028 approve a certificate of appropriateness, the planning director or designee shall issue
1029 a certificate of appropriateness after all conditions of approval are met except for
1030 demolition of contributing principal buildings and landmark sites as outlined in
1031 Subsection 21A.34.020.F.8.
1032
1033 8. Requirements for Certificate of Appropriateness for Demolition: The certificate of
1034 appropriateness for demolition of a contributing principal building or landmark site
1035 shall not be issued until the following criteria is satisfied:
1036
1037 a. The appeal period associated with the approval has expired.
1038
1039 b. The landmark commission has granted approval for a new building that will
1040 replace the landmark site or contributing principal building to be demolished. The
1041 requirement for replacing the contributing principal building or landmark site with
1042 a new building may be waived by the historic landmark commission if a new
27
LEGISLATIVE DRAFT
1043 development or redevelopment plan that includes the principal building to be
1044 demolished is approved by the historic landmark commission.
1045
1046 c. The certificate of appropriateness for demolition shall be issued simultaneously
1047 with the certificate of appropriateness and building permits for the replacement
1048 building.
1049
1050 9. Revocation of the Designation of a Landmark Site: If a landmark site is approved for
1051 demolition, the property shall not be removed from the H Historic Preservation
1052 Overlay District until the building has been demolished and revocation of the
1053 designation of a landmark site has been approved in accordance with Section
1054 21A.51.050, Local Historic Amendments Process.
1055
1056 10. Exceptions of Certificate of Appropriateness for Demolition of Hazardous Buildings:
1057 A hazardous building shall be exempt from the provisions governing demolition if the
1058 building official determines, in writing, that the building currently is an imminent
1059 hazard to public safety. Prior to the issuance of a demolition permit, the building
1060 official shall notify the planning director for consultation and of the final decision.
1061
1062 11. Expiration of Approvals: No certificate of appropriateness shall be valid for a period
1063 of longer than one (1) year unless a building permit has been issued or complete
1064 building plans have been submitted to the Salt Lake City Division of Building
1065 Services and Licensing within that period and is thereafter diligently pursued to
1066 completion; or unless a longer time is requested and granted by the historic landmark
1067 commission, or in the case of an administrative approval, by the planning director or
1068 designee. Any request for a time extension shall be required not less than thirty (30)
1069 days prior to the one (1) year time period.
1070
1071 (1) After reviewing all materials submitted for the case, the recommendation of
1072 the Planning Division and conducting a field inspection, if necessary, the
1073 Historic Landmark Commission shall make written findings of fact based on
1074 the standards of approval as outlined in this subsection F through subsection K
1075 of this section, whichever are applicable.
1076 (2) On the basis of its written findings of fact the Historic Landmark
1077 Commission shall either approve, deny or conditionally approve the certificate
1078 of appropriateness.
1079 (3) The decision of the Historic Landmark Commission shall become effective at
1080 the time the decision is made. Demolition permits for landmark sites or
1081 contributing principal buildings shall not be issued until the appeal period has
1082 expired.
28
LEGISLATIVE DRAFT
1083 (4) Written notice of the decision of the Historic Landmark Commission on the
1084 application, including a copy of the findings of fact, shall be made pursuant to
1085 the provisions of section 21A.10.030 of this title.
1086 12i. Appeal oOf Historic Landmark Commission Decisions: Any person adversely
1087 affected by a final decision of the Hhistoric Llandmark Ccommission, or in the case
1088 of administrative decisions, the planning director or designee, may file an appeal in
1089 accordance with the provisions of cChapter 21A.16 of this title.
1090 G. Standards fFor Certificate Of Appropriateness For Alteration oOf aA Landmark Site oOr
1091 Contributing Structure Including New Construction oOf aAn Accessory Structure: In
1092 considering an application for a certificate of appropriateness for alteration of a landmark
1093 site or contributing structure, or new construction of an accessory structure associated
1094 with a landmark site or contributing structure, the Hhistoric Llandmark Ccommission, or
1095 the Pplanning Ddirector, for administrative decisions, shall, using the adopted design
1096 guidelines as a key basis for evaluation, find that the project substantially complies with
1097 all of the following general standards: that pertain to the application and that the decision
1098 is in the best interest of the City:
1099
1100 1. A property shall be used for its historic purpose or be used for a purpose that requires
1101 minimal change to the defining characteristics of the building and its site and
1102 environment;
1103 2. The historic character of a property shall be retained and preserved. The removal of
1104 historic materials or alteration of features and spaces that characterize a property shall
1105 be avoided;
1106 3. All sites, structures and objects shall be recognized as products of their own time.
1107 Alterations that have no historical basis and which seek to create a false sense of
1108 history or architecture are not allowed;
1109 4. Alterations or additions that have acquired historic significance in their own right
1110 shall be retained and preserved;
1111 5. Distinctive features, finishes and construction techniques or examples of
1112 craftsmanship that characterize a historic property shall be preserved;
1113 6. Deteriorated architectural features shall be repaired rather than replaced wherever
1114 feasible. In the event replacement is necessary, the new material should match the
1115 material being replaced in composition, design, texture and other visual qualities.
1116 Repair or replacement of missing architectural features should be based on accurate
1117 duplications of features, substantiated by historic, physical or pictorial evidence rather
1118 than on conjectural designs or the availability of different architectural elements from
1119 other structures or objects;
1120 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic
1121 materials shall not be used. The surface cleaning of structures, if appropriate, shall be
1122 undertaken using the gentlest means possible;
1123 8. Contemporary design for alterations and additions to existing properties shall not be
1124 discouraged when such alterations and additions do not destroy significant cultural,
1125 historical, architectural or archaeological material, and such design is compatible with
29
LEGISLATIVE DRAFT
1126 the size, scale, color, material and character of the property, neighborhood or
1127 environment;
1128 9. Additions or alterations to structures and objects shall be done in such a manner that
1129 if such additions or alterations were to be removed in the future, the essential form
1130 and integrity of the structure would be unimpaired. The new work shall be
1131 differentiated from the old and shall be compatible in massing, size, scale and
1132 architectural features to protect the historic integrity of the property and its
1133 environment;
1134 10. Certain building materials are prohibited including the following:
1135 a. Aluminum, asbestos, or vinyl cladding; and when applied directly to an original
1136 or historic material.
1137 b. Vinyl fencing.
1138
1139 11. Any new sign and any change in the appearance of any existing sign located on a
1140 landmark site or within the H Historic Preservation Overlay District, which is visible
1141 from any public way or open space shall be consistent with the historic character of the
1142 landmark site or H Historic Preservation Overlay District and shall comply with the
1143 standards outlined in cChapter 21A.46 of this title.
1144
1145 H. Standards fFor Certificate Of Appropriateness Involving New Construction oOr
1146 Alteration oOf aA Noncontributing Structure: In considering an application for a
1147 certificate of appropriateness involving new construction of a principal building, or
1148 alterations of noncontributing structures, the Hhistoric Llandmark Ccommission, or
1149 Pplanning Ddirector when the application involves the alteration of a noncontributing
1150 structure, shall, using the adopted design guidelines as a key basis for evaluation,
1151 determine whether the project substantially complies with each of the following standards
1152 that pertain to the application to ensure that the proposed project fits into the established
1153 context in ways that respect and contribute to the evolution of Salt Lake City’s
1154 architectural and cultural traditions:
1155
1156 1. Settlement Patterns aAnd Neighborhood Character:
1157
1158 a. Block aAnd Street Patterns: The design of the project preserves and reflects the
1159 historic block, street, and alley patterns that give the district its unique character.
1160 Changes to the block and street pattern may be considered when advocated by an
1161 adopted Ccity plan.
1162 b. Lot aAnd Site Patterns: The design of the project preserves the pattern of lot and
1163 building site sizes that create the urban character of the historic context and the
1164 block face. Changes to the lot and site pattern may be considered when advocated
1165 by an adopted Ccity plan.
1166 c. The Public Realm: The project relates to adjacent streets and engages with
1167 sidewalks in a manner that reflects the character of the historic context and the
1168 block face. Projects should maintain the depth of yard and height of principal
30
LEGISLATIVE DRAFT
1169 elevation of those existing on the block face in order to support consistency in the
1170 definition of public and semi-public spaces.
1171 d. Building Placement: Buildings are placed such that the project maintains and
1172 reflects the historic pattern of setbacks and building depth established within the
1173 historic context and the block face. Buildings should maintain the setback
1174 demonstrated by existing buildings of that type constructed in the district or site’s
1175 period of significance.
1176 e. Building Orientation: The building is designed such that principal entrances and
1177 pathways are oriented such that they address the street in the pattern established in
1178 the historic context and the block face.
1179
1180 2. Site Access, Parking, aAnd Services:
1181 a. Site Access: The design of the project allows for site access that is similar, in
1182 form and function, with patterns common in the historic context and the block
1183 face.
1184
1185 (1) Pedestrian: Safe pedestrian access is provided through architecturally
1186 highlighted entrances and walkways, consistent with patterns common in the
1187 historic context and the block face.
1188 (2) Vehicular: Vehicular access is located in the least obtrusive manner possible.
1189 Where possible, garage doors and parking should be located to the rear or to
1190 the side of the building.
1191
1192 b. Site aAnd Building Services aAnd Utilities: Utilities and site/building services
1193 (such as HVAC systems, venting fans, and dumpsters) are located such that they
1194 are to the rear of the building or on the roof and screened from public spaces and
1195 public properties.
1196
1197 3. Landscape aAnd Lighting:
1198 a. Grading oOf Land: The site’s landscape, such as grading and retaining walls,
1199 addresses the public way in a manner that reflects the character of the historic
1200 context and the block face.
1201 b. Landscape Structures: Landscape structures, such as arbors, walls, fences, address
1202 the public way in a manner that reflects the character of the historic context and
1203 the block face.
1204 c. Lighting: Where appropriate lighting is used to enhance significant elements of
1205 the design and reflects the character of the historic context and the block face.
1206
1207 4. Building Form aAnd Scale:
1208 a. Character oOf Tthe Street Block: The design of the building reflects the historic
1209 character of the street facade in terms of scale, composition, and modeling.
1210
31
LEGISLATIVE DRAFT
1211 (1) Height: The height of the project reflects the character of the historic context
1212 and the block face. Projects taller than those existing on the block face step
1213 back their upper floors to present a base that is in scale with the historic
1214 context and the block face.
1215
1216 (2) Width: The width of the project reflects the character of the historic context
1217 and the block face. Projects wider than those existing on the block face
1218 modulate the facade to express a series of volumes in scale with the historic
1219 context and the block face.
1220
1221 (3) Massing: The shape, form, and proportion of buildings, reflects the character
1222 of the historic context and the block face.
1223
1224 (4) Roof Forms: The building incorporates roof shapes that reflect forms found in
1225 the historic context and the block face.
1226
1227 5. Building Character:
1228 a. Facade Articulation aAnd Proportion: The design of the project reflects patterns
1229 of articulation and proportion established in the historic context and the block
1230 face. As appropriate, facade articulations reflect those typical of other buildings
1231 on the block face. These articulations are of similar dimension to those found
1232 elsewhere in the context, but have a depth of not less than twelve inches (12”).
1233
1234 (1) Rhythm oOf Openings: The facades are designed to reflect the rhythm of
1235 openings (doors, windows, recessed balconies, etc.) established in the historic
1236 context and the block face.
1237
1238 (2) Proportion aAnd Scale oOf Openings: The facades are designed using
1239 openings (doors, windows, recessed balconies, etc.) of similar proportion and
1240 scale to that established in the historic context and the block face.
1241
1242 (3) Ratio oOf Wall tTo Openings: Facades are designed to reflect the ratio of wall
1243 to openings (doors, windows, recessed balconies, etc.) established in the
1244 historic context and the block face.
1245
1246 (4) Balconies, Porches, aAnd External Stairs: The project, as appropriate,
1247 incorporates entrances, balconies, porches, stairways, and other projections
1248 that reflect patterns established in the historic context and the block face.
1249
1250 6. Building Materials, Elements aAnd Detailing:
1251 a. Materials: Building facades, other than windows and doors, incorporate no less
1252 than eighty percent (80%) durable material such as, but not limited to, wood,
32
LEGISLATIVE DRAFT
1253 brick, masonry, textured or patterned concrete and/or cut stone. These materials
1254 reflect those found elsewhere in the district and/or setting in terms of scale and
1255 character.
1256 b. Materials Oon Street-Facing Facades: The following materials are not considered
1257 to be appropriate and are prohibited for use on facades which face a public street:
1258 vinyl siding and aluminum siding.
1259 c. Windows: Windows and other openings are incorporated in a manner that reflects
1260 patterns, materials, profile, and detailing established in the district and/or setting.
1261 d. Architectural Elements aAnd Details: The design of the building features
1262 architectural elements and details that reflect those characteristic of the district
1263 and/or setting.
1264
1265 7. Signage Location: Locations for signage are provided such that they are an integral
1266 part of the site and architectural design and are complementary to the principal
1267 structure.
1268
1269 I. Standards fFor Certificate Of Appropriateness For Relocation oOf Landmark Site oOr
1270 Contributing Structure: In considering an application for a certificate of appropriateness
1271 for relocation of a landmark site or a contributing structure, the Hhistoric Llandmark
1272 Ccommission shall find that the project substantially complies with the following
1273 standards:
1274
1275 1. The proposed relocation will abate demolition of the structure;
1276
1277 2. The proposed relocation will not diminish the overall physical integrity of the district
1278 or diminish the historical associations used to define the boundaries of the district;
1279
1280 3. The proposed relocation will not diminish the historical or architectural significance
1281 of the structure;
1282
1283 4. The proposed relocation will not have a detrimental effect on the structural soundness
1284 of the building or structure;
1285
1286 5. A professional building mover will move the building and protect it while being
1287 stored; and
1288
1289 6. A financial guarantee to ensure the rehabilitation of the structure once the relocation
1290 has occurred is provided to the Ccity. The financial guarantee shall be in a form
1291 approved by the Ccity Aattorney, in an amount determined by the Pplanning
1292 Ddirector sufficient to cover the estimated cost to rehabilitate the structure as
1293 approved by the Hhistoric Llandmark Ccommission and restore the grade and
1294 landscape the property from which the structure was removed in the event the land is
1295 to be left vacant once the relocation of the structure occurs.
1296
33
LEGISLATIVE DRAFT
1297 J. Standards fFor Certificate Of Appropriateness For Demolition oOf Landmark Site: In
1298 considering an application for a certificate of appropriateness for demolition of a
1299 landmark site, the Hhistoric Llandmark Ccommission shall only approve the application
1300 upon finding that the project fully complies with one of the following standards:
1301
1302 1. The demolition is required to alleviate a threat to public health and safety pursuant to
1303 sSubsection 21A.34.020.F.10 O of this section; or
1304
1305 2. A determination of economic hardship has been granted by the Hhistoric Llandmark
1306 Ccommission pursuant to the provisions of sSubsection 21A.34.020.L of this section.
1307
1308 K. Standards fFor Certificate Of Appropriateness For Demolition oOf aA Contributing
1309 Principal Building In An H Historic Preservation Overlay District: When considering a
1310 request for approval of a certificate of appropriateness for demolition of a contributing
1311 principal building, the Hhistoric Llandmark Ccommission shall determine whether the
1312 request substantially complies with the following standards:
1313
1314 1. Standards For Approval Of A Certificate Of Appropriateness For Demolition:
1315 1a. The historic integrity of the site as defined in subsection Section 21A.62.040 C15b of
1316 this section is no longer evident and the site no longer meets the definition of a
1317 contributing building or structure in Section 21A.62.040;
1318 2b.The streetscape within the context of the H Historic Preservation Overlay District
1319 would not be negatively materially affected if the contributing principal building were
1320 to be demolished;
1321 3c. The demolition would not create a material adverse effect on the concentration of
1322 historic resources used to define the boundaries or maintain the integrity of the
1323 district;
1324 4d.The base zoning of the site does not permit land uses that would allow the adaptive
1325 reuse of the contributing principal building;
1326 5e. The contributing principal building has not suffered from willful wilful neglect, as
1327 evidenced by the following:
1328 a. (1)WillfulWilful or negligent acts that have caused significant deterioration of the
1329 structural integrity of the contributing principal building to the point that the
1330 building fails to substantially conform to applicable standards of the Sstate
1331 Cconstruction Ccode,
1332 b. (2)Failure to perform routine and appropriate maintenance and repairs to maintain
1333 the structural integrity of the contributing principal building, or
1334 c. (3)Failure to secure and board the contributing principal building, if vacant, per
1335 sSection 18.64.045 of this Ccode.
34
LEGISLATIVE DRAFT
1336 2. Historic Landmark Commission Determination Of Compliance With Standards Of
1337 Approval: If the Historic Landmark Commission finds that the request for a
1338 certificate of appropriateness for demolition substantially complies with the standards
1339 in subsection K1 of this section, then the Historic Landmark Commission shall
1340 approve the request for a certificate of appropriateness for demolition. If the Historic
1341 Landmark Commission does not find that the request for a certificate of
1342 appropriateness for demolition substantially complies with the standards in subsection
1343 K1 of this section, then the Historic Landmark Commission shall deny the request for
1344 a certificate of appropriateness for demolition.
1345 L. Economic Hardship Determination: Upon denial of a certificate of appropriateness for
1346 demolition of a contributing principal building by the Hhistoric Llandmark Ccommission,
1347 the owner and/or owner’s representative will have one year from the end of the appeal
1348 period as described in cChapter 21A.16 of this title, to submit an application for
1349 determination of economic hardship. In the case of a landmark site, an application for
1350 determination of economic hardship shall can be submitted at any the same time as an
1351 application for demolition of a landmark site necessary to meet the standard of
1352 sSubsection 21A.34.020.J.2 of this section.
1353
1354 1. Application fFor Determination oOf Economic Hardship: An application for a
1355 determination of economic hardship shall be made on a form provided by the zoning
1356 administrator and accompanied by applicable fees as noted in the Salt Lake City
1357 consolidated fee schedule. Planning Director and shall be submitted to the Planning
1358 Division.
1359
1360 2. Evidence fFor Determination oOf Economic Hardship: The burden of proof is on the
1361 owner or owner’s representative to provide sufficient evidence to demonstrate an
1362 economic hardship. Any finding in support of economic hardship shall be based
1363 solely on the hardship of the property. Evidence may include, but is not limited to:
1364
1365 a. Physical cCondition of the property at time of purchase and the applicant’s plans
1366 for the property at time of purchase.
1367 b. The current level of economic return on the property as considered in relation to
1368 the following:
1369
1370 (1) The amount paid for the property, the date of purchase, and party from whom
1371 purchased, including a description of the relationship, if any, between
1372 applicant, and the person from whom the property was purchased,;
1373 (2) The annual gross and net income, if any, from the property for the previous
1374 three (3) years; itemized operating and maintenance expenses for the previous
1375 three (3) years; and depreciation deduction and annual cash flow before and
1376 after debt service, if any, for the previous three (3) years,;
1377
35
LEGISLATIVE DRAFT
1378 (3) Real Eestate Ttaxes for the previous three (3) years by the Salt Lake County
1379 Assessor,;
1380 (4) An appraisal, no older than six (6) months at the time of application for
1381 determination of economic hardship conducted by an MAI certified appraiser
1382 licensed within the State of Utah. Also all appraisals obtained within the
1383 previous three (3) years by the owner or applicant in connection with the
1384 purchase, financing or ownership of the property,;
1385 (5) The fair market value of the property taking into consideration the H Historic
1386 Preservation Overlay District,; and
1387 (6) For non-residential or multifamily properties, any Sstate or Ffederal Iincome
1388 Ttax returns on or relating to the property for the previous three (3) years.
1389
1390 c. The marketability of the property for sale or lease, as determined by any listing of
1391 the property for sale or lease, and price asked and offers received, if any, within
1392 the previous two (2) years. This determination can include testimony and relevant
1393 documents regarding:
1394
1395 (1) Any real estate broker or firm engaged to sell or lease the property,;
1396 (2) Reasonableness of the price in terms of fair market value or rent sought by the
1397 applicant,; and
1398 (3) Any advertisements placed for the sale or rental of the property.
1399
1400 d. The feasibility of alternative uses for the property as considered in relation to the
1401 following:
1402
1403 (1) Report from a licensed engineer or architect with demonstrated experience in
1404 rehabilitation of older buildings as to the structural soundness of any building
1405 on the property,;
1406 (2) An estimate of the cost of the proposed construction or alteration, including
1407 the cost of demolition and removal, and potential cost savings for reuse of
1408 materials,;
1409 (3) The estimated market values of the property in current condition, after
1410 completion of the demolition; and after renovation of the existing property for
1411 continued use,; and
1412 (4) The testimony of an experienced professional with demonstrated experience
1413 in rehabilitation of older buildings as to the economic feasibility of
1414 rehabilitation or reuse of the existing building on the property. An experienced
1415 professional may include, but is not limited to, an architect, developer, real
1416 estate consultant, appraiser, or any other professional experienced in
1417 preservation or rehabilitation of older buildings and licensed within the State
1418 of Utah.
1419
36
LEGISLATIVE DRAFT
1420 e. Economic incentives and/or funding available to the applicant through Ffederal,
1421 Sstate, Ccity, or private programs.
1422 f. Description of past and current use.
1423 g. An itemized report that identifies what is deficient if the building does not meet
1424 minimum Ccity Bbuilding Ccode standards or violations of this Ccode and
1425 whether any exceptions within Chapter 12 Historic Buildings of the IEBC, or its
1426 successor, could be used to resolve those deficiencies.
1427 h. Consideration of map amendment, conditional use, special exception or other land
1428 use processes to alleviate hardship.
1429
1430 3. Procedure fFor Determination oOf Economic Hardship: The Planning Director shall
1431 appoint a qualified expert to evaluate the application and provide advice and/or
1432 testimony to the Historic Landmark Commission concerning the value of the property
1433 and whether or not the denial of demolition could result in an economic hardship. The
1434 extent of the authority of the Planning Director’s appointed qualified expert is limited
1435 to rendering advice and testimony to the Historic Landmark Commission. The
1436 Planning Director’s appointed qualified expert has no decision-making capacity. The
1437 Planning Director’s appointed qualified expert should have considerable and
1438 demonstrated experience in appraising, renovating, or restoring historic properties,
1439 real estate development, economics, accounting, finance and/or law. The Historic
1440 Landmark Commission may also consider other expert testimony upon reviewing the
1441 evidence presented by the applicant or receiving the advice/testimony of the Planning
1442 Director’s appointed qualified expert as necessary.
1443
1444 a. Appointment of Qualified Expert: The planning director shall appoint a qualified
1445 expert to evaluate the application and provide advice and/or testimony to the
1446 historic landmark commission concerning the value of the property and whether
1447 or not the denial of demolition could result in an economic hardship.
1448
1449 (1) The extent of the Authority: The planning director’s appointed qualified
1450 expert is limited to rendering advice and testimony to the historic landmark
1451 commission and has no decision-making capacity.
1452 (2) The planning director’s appointed qualified expert shall have considerable and
1453 demonstrated experience in appraising, renovating, or restoring historic
1454 properties, real estate development, economics, accounting, finance and/or
1455 law.
1456 (3) The historic landmark commission may also consider other expert testimony
1457 upon reviewing the evidence presented by the applicant or receiving the
1458 advice/testimony of the planning director’s appointed qualified expert as
1459 necessary.
1460
1461 ba. Review Oof Evidence: The Hhistoric Llandmark Ccommission shall hold a public
1462 hearing in accordance with the standards and procedures set forth in Chapter
37
LEGISLATIVE DRAFT
1463 21A.10 of this title shall to consider the evidence submitted, an application and
1464 the advice and /testimony of the Pplanning Ddirector’s appointed qualified expert.
1465 for determination of economic hardship after receipt of a complete application.
1466
1467 cb. Finding Oof Economic Hardship: If after reviewing all of the evidence presented by
1468 the applicant and the advice/testimony of the Pplanning Ddirector’s appointed
1469 qualified expert, and if the Hhistoric Llandmark Ccommission finds that the applicant
1470 has presented sufficient information supporting a determination of economic
1471 hardship, then the Hhistoric Llandmark Ccommission shall approve the issue a
1472 certificate of appropriateness for demolition. in accordance with subsections M and N
1473 of this section. In order to show that all beneficial or economically viable use cannot
1474 be obtained, the Hhistoric Llandmark Ccommission must find that all of the following
1475 are met:
1476
1477 (1) The contributing principal building or landmark site cannot be economically
1478 used or rented at a reasonable rate of return in its present condition or if
1479 rehabilitated;
1480 (2) The contributing principal building or landmark site cannot be put to any
1481 reasonable beneficial use in its present condition or if rehabilitated; and
1482 (3) Bona fide efforts during the previous year to sell or lease the contributing
1483 principal building or landmark site at a reasonable price have been
1484 unsuccessful.
1485
1486 (1) For demolition of non-residential or multifamily property:
1487
1488 (A)The contributing principal building or landmark site currently cannot be
1489 economically used or rented at a reasonable rate of return in its present
1490 condition.
1491
1492 (2) For demolition of a residential property (single or two family):
1493
1494 (A)The contributing principal building or landmark site cannot be put to any
1495 beneficial use in its present condition.
1496 dc. Certificate oOf Appropriateness fFor Demolition: If the Hhistoric Llandmark
1497 Ccommission finds an economic hardship, a certificate of appropriateness for
1498 demolition shall be issued in accordance with Subsection 21A.34.020.F.8. valid
1499 for one year. Extensions of time for an approved certificate of appropriateness for
1500 demolition associated with economic hardship shall be subject to
1501 subsection 21A.10.010D of this title.
1502 ed. Denial Oof Economic Hardship: If the Hhistoric Llandmark Ccommission does
1503 not find an economic hardship, then the application for a certificate of
1504 appropriateness for demolition shall be denied. No further economic hardship
1505 determination applications may be considered for the subject property for three
1506 (3) years from the date of the final decision of the Hhistoric Llandmark
1507 Ccommission. The Hhistoric Llandmark Ccommission may waive this restriction
38
LEGISLATIVE DRAFT
1508 if the Hhistoric Llandmark Ccommission finds there are circumstances sufficient
1509 to warrant a new hearing other than the re-sale of the property or those caused by
1510 the negligence or intentional acts of the owner.
1511
1512 e. Appeal: Any owner adversely affected by a final decision of the Historic
1513 Landmark Commission may appeal the decision in accordance with the provisions
1514 of chapter 21A.16 of this title.
1515 M. Reconstruction of a Carriage House on a Landmark Site:
1516 1. Applicability: The reconstruction of a historic carriage house is allowed if the
1517 following criteria are satisfied:
1518
1519 a. The property and address are a landmark site. For the purpose of this section, any
1520 site that has been further subdivided since the construction of the last principal
1521 building on the site shall be considered part of the landmark site.
1522 b. Documentation has been provided that indicates a carriage house associated with
1523 the historic period of the landmark site existed on the site. Documentation may
1524 include any property related record, prior survey, photographs, site plans, or
1525 similar records. It is the responsibility of the applicant to provide the necessary
1526 documentation and justification for the proposed dimensions and details of the
1527 carriage house that is proposed to be reconstructed. Documentation shall provide
1528 sufficient detail to estimate the approximate details of the carriage house,
1529 including:
1530
1531 (1) The approximate location of the carriage house on the site and estimated
1532 setbacks;
1533 (2) The approximate footprint shape and size;
1534 (3) The approximate shape, slope, and details of the roof of the structure proposed
1535 to be reconstructed;
1536 (4) The approximate height of the structure in feet, based on the scale of existing
1537 buildings or structures that are also visible in historic documentation or the
1538 dimensions of the historic building materials, if available. The approximate
1539 height shall include wall height and roof height; and
1540 (5) The location, arrangement, size, and details of any window or door, including
1541 carriage entries.
1542
1543 2. Application Requirements: An application to reconstruct a historic carriage house
1544 shall be considered an application for new construction and include all the application
1545 requirements for new construction in this section and documentation requirements in
1546 Subsection 1.b above.
1547 3. Approval Standards: An application to reconstruct a historic carriage house shall be
1548 subject to the following standards. An application shall be approved if the following
1549 standards are complied with:
1550
39
LEGISLATIVE DRAFT
1551 a. Reconstruction shall only be used to depict vanished or non-surviving portion of a
1552 property when documentary and physical evidence is available to permit accurate
1553 reconstruction with minimal conjecture;
1554 b. Reconstruction will include measures to preserve any remaining historic
1555 materials, features, and spatial relationships;
1556 c. Reconstruction will be based on the accurate duplication of historic features and
1557 elements substantiated by documentary or physical evidence rather than on
1558 conjectural designs or the availability of different features from other historic
1559 properties. A reconstructed property will re-create the appearance of the non-
1560 surviving historic property in materials, design, color, and texture;
1561 d. Proposed designs that were never executed historically will not be constructed or
1562 considered;
1563 e. The proposed carriage house shall match the footprint size, shape, and location on
1564 the property based on the historic documentation provided by the applicant.
1565 Historic documentation shall be used to approximate the location and dimensions
1566 of the structure;
1567 f. The proposed carriage house shall match the approximate roof shape of the
1568 original carriage house;
1569 g. The entryways into the house, including reconstructed entryways for carriages,
1570 shall approximately match historic entryways commonly found on carriage
1571 houses from the same era as the original carriage house; and
1572 h. Impacts to adjacent properties, including but not limited to solar access, noise,
1573 light trespass, refuse storage, and mechanical equipment locations, parking
1574 locations, have been mitigate or can be mitigated through the site layout,
1575 appropriate buffering, and/or building designs.
1576
1577 4. Complying With Additional Codes: An application approved under this section shall
1578 comply with all applicable codes, regulations and engineering standards that have
1579 been adopted by the State of Utah or the city.
1580 5. Subdivision Prohibited: Further subdivision of the property after approval of a
1581 reconstruction under this section is prohibited and portions of Section 21A.38.060
1582 authorizing subdivisions of lots with more than two principal buildings shall not be
1583 applicable.
1584 6. Allowed Uses After Reconstruction: The following uses shall be allowed in a
1585 reconstructed carriage house approved under this section:
1586
1587 a. A single family dwelling, regardless of lot area, lot width or street frontage;
1588 b. Any accessory use authorized in the underlying zoning district or overlay district;
1589 or
1590 c. Accessory dwelling units subject to the applicable regulations for accessory
1591 dwelling units.
1592
1593 7. Modifications Authorized: In considering a proposal to reconstruct a carriage house
1594 under this section, the historic landmark commission may modify the following standards
1595 upon finding that the proposal complies with the applicable standards:
1596
40
LEGISLATIVE DRAFT
1597 a. Minimum lot area when the lot does not contain the minimum lot area for an
1598 additional dwelling unit;
1599 b. Modifications to Sections 21A.36.010 and 21A.36.020; and
1600 c. Any authorized modification identified in Section 21A.06.050.
1601
1602 8. Updated Intensive Level Survey Required: If approved, the applicant shall provide the
1603 city and updated intensive level survey to document the changes to the site.
1604
1605 M. Requirements For Certificate Of Appropriateness For Demolition: No certificate of
1606 appropriateness for demolition shall be issued unless the landmark site or contributing
1607 principal building to be demolished is to be replaced with a new building that meets the
1608 following criteria.
1609
1610 1. The replacement building satisfies all applicable zoning and H Historic Preservation
1611 Overlay District standards for new construction.
1612 2. The certificate of appropriateness for demolition is issued simultaneously with the
1613 appropriate approvals and permits for the replacement building.
1614 3. Submittal of documentation to the Planning Division of the landmark site or
1615 contributing principal building in a historic district. Documentation shall include
1616 photos of the subject property and a site plan. Documentation may also include
1617 drawings and/or written data if available.
1618
1619 a. Photographs. Digital or print photographs. Views should include:
1620 (1) Exterior views;
1621 (2) Close-ups of significant exterior features;
1622 (3) Views that show the relationship of the primary building to the overall site,
1623 accessory structures and/or site features.
1624
1625 b. Site plan showing the location of the building and site features.
1626
1627 N. Revocation Of The Designation Of A Landmark Site: If a landmark site is approved for
1628 demolition, the property shall not be removed from the Salt Lake City Register of
1629 Cultural Resources (see subsection D of this section).
1630
1631 O. Exceptions Of Certificate Of Appropriateness For Demolition Of Hazardous Buildings: A
1632 hazardous building shall be exempt from the provisions governing demolition if the
1633 building official determines, in writing, that the building currently is an imminent hazard
1634 to public safety. Prior to the issuance of a demolition permit, the building official shall
1635 notify the Planning Director of the decision.
1636
1637 P. Expiration Of Approvals: Subject to an extension of time granted by the Historic
1638 Landmark Commission, or in the case of an administratively approved certificate of
1639 appropriateness, by the Planning Director or designee, no certificate of appropriateness
41
LEGISLATIVE DRAFT
1640 shall be valid for a period of longer than one year unless a building permit has been
1641 issued or complete building plans have been submitted to the Division of Building
1642 Services and Licensing within that period and is thereafter diligently pursued to
1643 completion, or unless a longer time is requested and granted by the Historic Landmark
1644 Commission, or in the case of an administrative approval, by the Planning Director or
1645 designee. Any request for a time extension shall be required not less than thirty (30) days
1646 prior to the twelve (12) month time period.
1647
1648 Q. Reconstruction of a Carriage House in the H Historic Preservation Overlay District:
1649 1. Applicability: The reconstruction of a historic carriage house is allowed if the
1650 following criteria are satisfied:
1651
1652 a. The property and address are a landmark site. For the purpose of this section, any
1653 site that has been further subdivided since the construction of the last principal
1654 building on the site shall be considered part of the landmark site.
1655 b. Documentation has been provided that indicates a carriage house associated with
1656 the historic period of the landmark site existed on the site. Documentation may
1657 include any property related record, prior survey, photographs, site plans, or
1658 similar records. It is the responsibility of the applicant to provide the necessary
1659 documentation and justification for the proposed dimensions and details of the
1660 carriage house that is proposed to be reconstructed. Documentation shall provide
1661 sufficient detail to estimate the approximate details of the carriage house,
1662 including:
1663
1664 (1) The approximate location of the carriage house on the site and estimated
1665 setbacks;
1666 (2) The approximate footprint shape and size;
1667 (3) The approximate shape, slope, and details of the roof of the structure proposed
1668 to be reconstructed;
1669 (4) The approximate height of the structure in feet, based on the scale of existing
1670 buildings or structures that are also visible in historic documentation or the
1671 dimensions of the historic building materials, if available. The approximate
1672 height shall include wall height and roof height; and
1673 (5) The location, arrangement, size, and details of any window or door, including
1674 carriage entries.
1675
1676 2. Application Requirements: An application to reconstruct a historic carriage house
1677 shall be considered an application for new construction and include all the application
1678 requirements for new construction in this section and documentation requirements in
1679 Subsection 1.b above.
1680 3. Approval Standards: An application to reconstruct a historic carriage house shall be
1681 subject to the following standards. An application shall be approved if the following
1682 standards are complied with:
1683
42
LEGISLATIVE DRAFT
1684 a. Reconstruction shall only be used to depict vanished or non-surviving portion of a
1685 property when documentary and physical evidence is available to permit accurate
1686 reconstruction with minimal conjecture;
1687 b. Reconstruction will include measures to preserve any remaining historic
1688 materials, features, and spatial relationships;
1689 c. Reconstruction will be based on the accurate duplication of historic features and
1690 elements substantiated by documentary or physical evidence rather than on
1691 conjectural designs or the availability of different features from other historic
1692 properties. A reconstructed property will re-create the appearance of the non-
1693 surviving historic property in materials, design, color, and texture;
1694 d. Proposed designs that were never executed historically will not be constructed or
1695 considered;
1696 e. The proposed carriage house shall match the footprint size, shape, and location on
1697 the property based on the historic documentation provided by the applicant.
1698 Historic documentation shall be used to approximate the location and dimensions
1699 of the structure;
1700 f. The proposed carriage house shall match the approximate roof shape of the
1701 original carriage house;
1702 g. The entryways into the house, including reconstructed entryways for carriages,
1703 shall approximately match historic entryways commonly found on carriage
1704 houses from the same era as the original carriage house; and
1705 h. Impacts to adjacent properties, including but not limited to solar access, noise,
1706 light trespass, refuse storage, and mechanical equipment locations, parking
1707 locations, have been mitigate or can be mitigated through the site layout,
1708 appropriate buffering, and/or building designs.
1709
1710 4. Complying With Additional Codes: An application approved under this section shall
1711 comply with all applicable codes, regulations and engineering standards that have
1712 been adopted by the State of Utah or the city.
1713 5. Subdivision Prohibited: Further subdivision of the property after approval of a
1714 reconstruction under this section is prohibited and portions of Section 21A.38.060
1715 authorizing subdivisions of lots with more than two principal buildings shall not be
1716 applicable.
1717 6. Allowed Uses After Reconstruction: The following uses shall be allowed in a
1718 reconstructed carriage house approved under this section:
1719
1720 a. A single family dwelling, regardless of lot area, lot width or street frontage;
1721 b. Any accessory use authorized in the underlying zoning district or overlay district; or
1722 c. Accessory dwelling units subject to the applicable regulations for accessory dwelling
1723 units.
1724
1725 7. Modifications Authorized: In considering a proposal to reconstruct a carriage house
1726 under this section, the historic landmark commission may modify the following standards
1727 upon finding that the proposal complies with the applicable standards:
1728
43
LEGISLATIVE DRAFT
1729 a. Minimum lot area when the lot does not contain the minimum lot area for an
1730 additional dwelling unit;
1731 b. Modifications to Sections 21A.36.010 and 21A.36.020; and
1732 c. Any authorized modification identified in 21A.06.050.
1733
1734 8. Updated Intensive Level Survey Required: If approved, the applicant shall provide the
1735 city and updated intensive level survey to document the changes to the site.
1736
1737 SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.40.190.B. That
1738 Subsection 21A.40.190.B of the Salt Lake City Code (Zoning: Accessory Uses, Buildings and
1739 Structures: Small Solar Energy Collection Systems: Small Solar Energy Collection Systems and
1740 Historic Preservation Overlay Districts or Landmark Sites) shall be, and hereby is amended to
1741 read as follows:
1742 B. Small Solar Energy Collection Systems aAnd Historic Preservation Overlay Districts Or
1743 Landmark Sites:
1744
1745 1. General: In addition to meeting the standards set forth in this section, all applications to
1746 install a small solar energy collection system within the Historic Preservation Overlay
1747 District shall obtain a certificate of appropriateness in accordance with Section
1748 21A.34.020 prior to installation. Small solar energy collection systems shall be allowed
1749 in accordance with the location priorities detailed in sSubsection B.3 of this section. If
1750 there is any conflict between the provisions of this sSubsection B, and any other
1751 requirements of this section, the provisions of this sSubsection B shall take precedence.
1752 2. Installation Standards: The small solar energy collection system shall be installed in a
1753 location and manner on the building or lot that is least visible and obtrusive and in such a
1754 way that causes the least impact to the historic integrity and character of the historic
1755 building, structure, site or district while maintaining efficient operation of the solar
1756 device. The system must be installed in such a manner that it can be removed and not
1757 damage the historic building, structure, or site it is associated with.
1758 3. Small Solar Energy Collection System Location Priorities: In approving appropriate
1759 locations and manner of installation, consideration shall include the following locations
1760 in the priority order they are set forth below. The method of installation approved shall be
1761 the least visible from a public right-of-way, not including alleys, and most compatible
1762 with the character defining features of the historic building, structure, or site. Systems
1763 proposed for locations in subsections B3a through B3e of this section, may be reviewed
1764 administratively as set forth in subsection 21A.34.020F1, “Administrative Decision”, of
1765 this title. Systems proposed for locations in subsection B3f of this section, shall be
1766 reviewed by the Historic Landmark Commission in accordance with the procedures set
1767 forth in subsection 21A.34.020F2, “Historic Landmark Commission”, of this title.
44
LEGISLATIVE DRAFT
1768
1769 a. Rear yard in a location not readily visible from a public right-of-way.
1770 b. On accessory buildings or structures in a location not readily visible from a public
1771 right-of-way.
1772 c. In a side yard in a location not readily visible from a public right-of-way.
1773 d. On the principal building in a location not readily visible from a public right-of-
1774 way.
1775 e. On the principal building in a location that may be visible from a public right-of-
1776 way, but not on the structure’s front facade.
1777 f. On the front facade of the principal building in a location most compatible with
1778 the character defining features of the structure.
1779
1780 SECTION 6. Amending the text of Salt Lake City Code Section 21A.50.020. That
1781 Section 21A.50.020 of the Salt Lake City Code (Zoning: Amendments: Authority) shall be, and
1782 hereby is amended to read as follows:
1783 21A.50.020: AUTHORITY:
1784
1785 The text of this title and the zoning map may be amended by the passage of an ordinance
1786 adopted by the city council in accordance with the procedures set forth in this chapter.
1787 Applications related to H Historic Preservation Overlay District or Landmark Sites are
1788 subject to the procedures in Chapter 21A.51, Local Historic Designations and Amendments.
1789
1790 SECTION 7. Amending the text of Salt Lake City Code Section 21A.50.030. That
1791 Section 21A.50.030 of the Salt Lake City Code (Zoning: Amendments: Initiation) shall be, and
1792 hereby is amended to read as follows:
1793 21A.50.030: INITIATION:
1794
1795 Amendments to the text of this title or to the zoning map may be initiated by filing an
1796 application for an amendment addressed to the planning commission. Applications for
1797 amendments may be initiated by the mayor, the city council, the planning commission, or the
1798 owner of the property included in the application, or the property owner’s authorized agent.
1799 Applications related to H Historic Preservation Overlay Districts or landmark sites or the
1800 Homeless Resource Center Overlay shall be initiated as provided in Chapter 21A.34 of this
1801 title.
1802
45
LEGISLATIVE DRAFT
1803 SECTION 8. Amending the text of Salt Lake City Code Subsection 21A.50.040.B That
1804 Section 21A.50.030.B of the Salt Lake City Code (Zoning: Amendments: Procedure: Fees) shall
1805 be, and hereby is amended to read as follows:
1806 B. Fees: The application shall be accompanied by the applicable fees shown on the Salt
1807 Lake City consolidated fee schedule. The applicant shall also be responsible for payment
1808 of all fees established for providing the public notice required by cChapter 21A.10 of this
1809 title. Application and noticing fees filed by the city council, planning commission or the
1810 mayor shall not be required. Application and noticing fees filed for designation within an
1811 H historic preservation overlay district or to establish a character conservation district
1812 shall not be required.
1813
1814
1815 SECTION 9. Amending the text of Salt Lake City Code Section 21A.50.060 That
1816 Section 21A.50.060 of the Salt Lake City Code (Zoning: Amendments: Limitation on
1817 Amendments) shall be, and hereby is amended to read as follows:
1818 21A.50.060: LIMITATION ON AMENDMENTS:
1819
1820 A. No application for an amendment to this title shall be considered by the Ccity Ccouncil
1821 or the Pplanning Ccommission within one year of the withdrawal by the applicant or final
1822 decision of the Ccity Ccouncil upon a prior application covering substantially the same
1823 subject or substantially the same property.
1824 B. In the case of a proposed local historic district or thematic designation per section
1825 21A.50.060 of this chapter, if a local historic district or area proposal fails in accordance
1826 with the voting procedures set forth in section 21A.50.060.A11, a resident may not
1827 initiate the creation of a local historic district, area, or thematic designation that includes
1828 more than fifty percent (50%) of the same property as the failed local historic district,
1829 area, or thematic designation proposal for four (4) years after the day on which the
1830 property owner opinion ballots for the vote were due.
1831 BC. This determination shall be made by the Zzoning Aadministrator upon receipt of an
1832 application pursuant to sSection 21A.50.030 of this chapter. This provision shall not
1833 restrict the Mmayor, the Ccity Ccouncil or the Pplanning Ccommission from proposing
1834 any text amendment or change in the boundaries of any of the districts in this title at any
1835 time.
1836
46
LEGISLATIVE DRAFT
1837 SECTION 10. Adopting a new Chapter 21A.51 of Salt Lake City Code 21A. Chapter 21A of
1838 the Salt Lake City Code (Local Historic Designation and Amendments) shall be and hereby is
1839 amended to include a new Chapter 21A.51 Local Historic Designation and Amendments and shall
1840 read as follows:
1841 Chapter 21A.51
1842 LOCAL HISTORIC DESIGNATON & AMENDMENTS
1843 21A.51.010: Purpose Statement
1844 21A.51.020: Authority
1845 21A.51.030: Local Historic Designation Process
1846 21A.51.040: Local Historic Designation Criteria
1847 21A.51.050: Existing Local Historic Amendment Process
1848 21A.51.060: Existing Local Historic Amendment Criteria
1849 21A.51.070: Limitations
1850 21A.51.080: Historic Resource Surveys
1851 21A.51.090: Appeal of Decision
1852
1853 21A.51.010: PURPOSE STATEMENT:
1854 The purpose of this chapter is to provide standards and procedures for making amendments
1855 to the zoning map related to the H Historic Preservation Overlay District. The H Historic
1856 Preservation Overlay District applies to all properties within the boundaries of a local historic
1857 district, part of a thematic designation, or a landmark site.
1858 21A.51.020: AUTHORITY:
1859 A. Authority: Pursuant to the procedures and standards in this chapter and the standards for
1860 general amendments in Section 21A.50.050, the city council may amend the zoning map
1861 and apply the H Historic Preservation Overlay District by the passage of an ordinance
1862 and:
1863
1864 1. Designate a landmark site;
1865 2. Designate as a local historic district;
1866 3. Designate as a thematic designation;
1867 4. Amend designations to add or remove features or property to or from a landmark site,
1868 local historic district or thematic designation;
1869 5. Revoke designation of a landmark site;
1870 6. Adopt comprehensive historic resource surveys and associated reports for new
1871 landmark sites, local historic districts or thematic designations; and
1872
47
LEGISLATIVE DRAFT
1873 7. Adopt updates to historic resource surveys and associated reports for existing local
1874 historic districts or thematic designations in accordance with the provisions in Section
1875 21A.51.080.
1876
1877 21A.51.030: LOCAL HISTORIC DESIGNATION PROCESS:
1878 Salt Lake City will consider the local designation of a landmark site, local historic district or
1879 thematic designation in order to protect the best examples of historic resources which
1880 represent significant elements of the city’s prehistory, history, development patterns or
1881 architecture. Local designation must be in the best interest of the city and achieve a
1882 reasonable balance between private property rights and the public interest in preserving the
1883 city’s cultural, historic, and architectural heritage.
1884 A. Process for Designation of a Local Historic District or Thematic Designation:
1885
1886 1. Procedures Required Before an Application Can be Submitted: Prior to the submittal
1887 of an application for the designation or amendment local historic district or thematic
1888 designation, and prior to gathering any signatures for an application, the following
1889 steps must be completed:
1890
1891 a. Pre-application Conference: A potential applicant shall attend a pre-application
1892 conference with the planning director or designee. The purpose of this meeting is
1893 to discuss the merits of the proposed designation and the amendment processes as
1894 outlined in this section.
1895
1896 b. Notification to Affected Property Owners: Following the preapplication
1897 conference outlined in Subsection A.1.a of this section, the city shall send by first
1898 class mail a neutral informational pamphlet to owners of record for each property
1899 potentially affected by a forthcoming application. The informational pamphlet
1900 shall be mailed after a potential applicant submits to the city a finalized proposed
1901 boundary of an area to be included in the H Historic Preservation Overlay
1902 District. The informational pamphlet shall contain, at a minimum, a description of
1903 the process to create a local historic district or thematic designation and will also
1904 list the pros and cons of a local historic district or thematic designation. Once the
1905 city sends the informational pamphlet, gathering of property owner signatures
1906 may begin per Subsection A.2 of this section. The informational pamphlet sent
1907 shall remain valid for ninety (90) days. If an application is not filed with the city
1908 within ninety (90) days after the date that the informational pamphlet was mailed,
1909 the city shall close its file on the matter. Any subsequent proposal must begin the
1910 application process again.
1911
1912 2. Application:
1913
48
LEGISLATIVE DRAFT
1914 a. Parties Entitled to Submit Application: The mayor or the city council, by a
1915 majority vote, may initiate a petition to consider designation of a local historic
1916 district or thematic designation. A property owner submitting such application
1917 shall demonstrate, in writing, support of more than thirty three percent (33%) of
1918 the property owners of lots or parcels within the proposed boundaries of an area to
1919 be included in the H Historic Preservation Overlay District.
1920
1921 (1) For purposes of this subsection, a lot or parcel of real property may not be
1922 included in the calculation of the required percentage unless the application is
1923 signed by property owners representing at least fifty percent (50%) of the
1924 interest in that lot or parcel.
1925
1926 (2) Each lot or parcel of real property may only be counted once toward the thirty
1927 three percent (33%), regardless of the number of owner signatures obtained
1928 for that lot or parcel.
1929
1930 (3) Signatures obtained to demonstrate support of more than thirty three percent
1931 (33%) of the property owners within the boundary of the proposed local
1932 historic district or thematic designation must be gathered within a period of
1933 ninety (90) days as counted between the date that the informational pamphlet
1934 was mailed as required per Subsection 21A.51.030.A.1.b and the date of the
1935 last required signature.
1936
1937 b. Submittal Requirements: An application shall be made to the zoning administrator
1938 on a form or forms provided by the office of the zoning administrator, which shall
1939 include at least the following information unless deemed unnecessary by the
1940 zoning administrator:
1941
1942 (1) Information demonstrating the procedures in Subsections 21A.51.030.A.1.a
1943 and 21A.51.030.A.1.b have been followed;
1944
1945 (2) Information demonstrating the requirements in Subsection 21A.51.030.A.2.a
1946 have been met;
1947
1948 (3) Street addresses and parcel numbers of all properties included in the proposed
1949 local designation;
1950
1951 (4) Photos of all properties included in the proposed designation;
1952
1953 (5) Narrative demonstrating compliance with the standards and considerations in
1954 Section 21A.51.040; and
1955
49
LEGISLATIVE DRAFT
1956 (6) Any other information the zoning administrator deems necessary for
1957 consideration of a particular application.
1958
1959 c. Fees: Application and noticing fees for designation of a local historic district or
1960 thematic designation shall not be required.
1961
1962 3. Notice of Designation Application Letter: Following the receipt by the city of an
1963 application for the designation of a local historic district or thematic designation, the
1964 city shall send a notice of designation application letter to owner(s) of record for each
1965 property affected by said application along with a second copy of the informational
1966 pamphlet described in Subsection 21A.51.030.A.1.b. In the event that no application
1967 is received following the ninety (90) day period of property owner signature
1968 gathering, the city will send a letter to property owner(s) of record stating that no
1969 application has been filed, and that the city has closed its file on the matter.
1970
1971 4. Planning Director Report to the City Council: Following the receipt by the city of an
1972 application for the designation to a local historic district or thematic designation and
1973 following mailing of the notice of designation application letter described in
1974 Subsection 21A.51.030.A.3, the planning director shall submit a report based on the
1975 following considerations to the city council:
1976
1977 a. Whether a current historic survey meeting the standards prescribed by the State
1978 Historic Preservation Office is available for the landmark site or the area proposed
1979 for a local historic district or thematic designation. If a suitable survey is not
1980 available, the report shall propose a strategy to gather the needed survey data.
1981
1982 b. The city administration will determine the priority of the petition and determine
1983 whether there is sufficient funding and staff resources available to allow the
1984 planning division to complete a community outreach process, historic resource
1985 analysis and to provide ongoing administration of the new local historic district or
1986 thematic designation if the designation is approved by the city council. If
1987 sufficient funding is not available, the report shall include a proposed budget.
1988
1989 c. Whether the proposed designation is generally consistent with the purposes, goals,
1990 objectives and policies of the city as stated through its various adopted planning
1991 documents.
1992
1993 d. Whether the proposed designation would generally be in the public interest.
1994
1995 e. Whether there is probable cause to believe that the proposed landmark site, local
1996 historic district or thematic designation may be eligible for designation consistent
1997 with the purposes and designation criteria in Section 21A.51.040 and the zoning
1998 map amendment criteria in Section 21A.50.050, “Standards for General
1999 Amendments”, of this title.
50
LEGISLATIVE DRAFT
2000
2001 f. Verification that a neutral informational pamphlet was sent per Subsection
2002 21A.51.030.A.3 of this section to all property owners within a proposed local
2003 historic district following the preapplication process outlined in Subsections
2004 21A.51.030.A.1.a and 21A.51.030.A.1.b.
2005
2006 5.Notification to Recognized Community Organizations: Notification to recognized
2007 community organizations shall be provided as set forth in Section 2.60.050 of this
2008 code.
2009
2010 6. Property Owner Meeting: Following the submission of the planning director’s report
2011 and acceptance of the report by the city council, the planning division will conduct a
2012 community outreach process to inform the owners of property within the proposed
2013 boundaries of the proposed local historic district or thematic designation about the
2014 following:
2015
2016 a. The designation process, including determining the level of property owner
2017 support, the public hearing process, and final decision-making process by the city
2018 council; and
2019
2020 b. Zoning ordinance requirements affecting properties located within the H Historic
2021 Preservation Overlay District, adopted design guidelines, the design review
2022 process for alterations and new construction, the demolition process and the
2023 economic hardship process.
2024
2025 7. Open House: The planning division will conduct an open house pursuant to Section
2026 2.60.050.
2027
2028 8. Public Hearings: A public hearing shall be held with both the historic landmark
2029 commission and the planning commission in accordance with the standards and
2030 procedures set forth in Chapter 21A.10, “General Application and Public Hearing
2031 Procedures”, of this title. The historic landmark commission and planning
2032 commission shall recommend approval or denial of the proposal or the approval of
2033 some modification of the proposal.
2034
2035 9. Property Owner Opinion Balloting:
2036
2037 a. Following the completion of the historic landmark commission and planning
2038 commission public hearings, the city will deliver property owner opinion ballots
2039 via first class mail to property owners of record within the boundary of the
2040 proposed local historic district or thematic designation. The property owner
2041 opinion ballot is a nonbinding opinion poll to inform the city council of property
2042 owner interest regarding the designation of a local historic district. Each
2043 individual property in the proposed designation boundary, regardless of the
51
LEGISLATIVE DRAFT
2044 number of owners having interest in any given property, will receive one property
2045 owner opinion ballot.
2046
2047 (1) A property owner is eligible to vote regardless of whether or not the property
2048 owner is an individual, a private entity, or a public entity;
2049
2050 (2) The city shall count no more than one property owner opinion ballot for:
2051
2052 (a) Each parcel within the boundaries of the proposed local historic district or
2053 area; or
2054
2055 (b) If the parcel contains a condominium project, each unit within the
2056 boundaries of the proposed local historic district or area; and
2057 (c) If a parcel or unit has more than one owner of record, the city shall count
2058 a property owner opinion ballot for the parcel or unit only if the property
2059 owner opinion ballot reflects the vote of the property owners who own at
2060 least fifty percent (50%) interest in the parcel or unit.
2061 b. Property owners of record will have thirty (30) days from the postmark date of the
2062 property owner opinion ballot to submit a response to the city indicating the
2063 property owner’s support or nonsupport of the proposed designation.
2064
2065 c. A letter shall be mailed to all property owners within the proposed local historic
2066 district or thematic designation whose property owner opinion ballot has not been
2067 received by the city within fifteen (15) days from the original postmark date. This
2068 follow up letter will encourage the property owners to submit a property owner
2069 opinion ballot prior to the thirty (30) day deadline date set by the mailing of the
2070 first property owner opinion ballot.
2071
2072 10. Notification of Property Owner Opinion Balloting Results: Following the public
2073 opinion balloting for the proposed designation, the city will send notice of the results
2074 to all property owners within the proposed local historic district or thematic
2075 designation.
2076
2077 11. City Council Consideration: Following the transmittal of the recommendations of the
2078 historic landmark commission and the planning commission and the results of the
2079 property owner opinion ballot process, the city council shall hold a public hearing to
2080 consider the designation of a local historic district or thematic designation in
2081 accordance with the standards and procedures set forth in Chapter 21A.10, “General
2082 Application and Public Hearing Procedures”, of this title and the following:
2083
2084
52
LEGISLATIVE DRAFT
2085 a. If the property owner opinion ballots returned equals at least two-thirds (2/3) of the
2086 total number of returned property owner support ballots and represents more than
2087 fifty percent (50%) of the parcels and units (in the case of a condominium) within
2088 the proposed local historic district, area, or thematic designation, the city council
2089 may designate a local historic district or a thematic district by a simple majority
2090 vote.
2091
2092 b. If the number of property owner opinion ballots received does not meet the
2093 threshold identified in Subsection 21A.51.030.A.11.a the city council may only
2094 designate a local historic district, area, or a thematic district by an affirmative vote
2095 of two-thirds (2/3) of the members of the city council.
2096
2097 c. If the number of property owner opinion ballots received in support and in
2098 opposition is equal, the city council may only designate a local historic district or
2099 a thematic district by a super majority vote.
2100
2101 B. Process for Designation of a Landmark Site:
2102
2103 1. Application:
2104
2105 a. Parties Entitled to Submit Application: Any owner of property proposed for a
2106 landmark site, the mayor or the city council, by majority vote, may initiate a
2107 petition to consider the designation of a landmark site.
2108
2109 b. Submittal Requirements: Applications for landmark sites shall provide at least all
2110 of the information in Subsection 21A.51.030.A.2.b unless deemed unnecessary by
2111 the zoning administrator.
2112
2113 c. Fees: Application and noticing fees for designation of a landmark site shall not be
2114 required.
2115
2116 2.Notification to Community Organizations: Notification to recognized community
2117 organizations shall be provided as set forth in Section 2.60.050 of this code.
2118
2119 3. Public Hearings: A public hearing shall be held with both the historic landmark
2120 commission and the planning commission in accordance with the standards and
2121 procedures set forth in Chapter 21A.10, “General Application and Public Hearing
2122 Procedures”, of this title. The historic landmark commission and planning
2123 commission shall recommend approval or denial of the proposal or the approval of
2124 some modification of the proposal and the recommendation will be submitted to the
2125 city council.
2126
53
LEGISLATIVE DRAFT
2127 4. City Council Consideration: Following the transmittal of the recommendations of the
2128 historic landmark commission and the planning commission, the city council shall
2129 hold a public hearing to consider the designation of a landmark site in accordance
2130 with the standards and procedures set forth in Chapter 21A.10, “General Application
2131 and Public Hearing Procedures”, of this title. The city council may, by a majority
2132 vote, designate a landmark site.
2133
2134 C. City Council Decision: Following city council designation of a landmark site, local
2135 historic district or thematic designation, all of the properties located within the
2136 boundaries of the local historic district, landmark site, or thematic designation will be
2137 subject to the H Historic Preservation Overlay District and subject to the provisions of
2138 Section 21A.34.020. The zoning regulations will go into effect on the date of the
2139 publication of the ordinance unless otherwise noted on the adopted ordinance.
2140
2141 1. Designation Adoption: Designation of a landmark site, local historic district or
2142 thematic designation includes adoption of the historic survey and associated report
2143 submitted for the designation. Historic resource surveys may be updated pursuant to
2144 the provisions in Section 21A.51.080 or Subsection 21A.34.020.D.
2145
2146 2. Notice of Designation: Within thirty (30) days following the designation of a
2147 landmark site, local historic district or thematic designation, the city shall provide
2148 notice of the action to all owners of property within the boundaries of the H Historic
2149 Preservation Overlay District. In addition, a notice shall be recorded in the office of
2150 the Salt Lake County Recorder for all lots or parcels within the area added to the H
2151 Historic Preservation Overlay District.
2152
2153 21A.51.040: LOCAL HISTORIC DESIGNATION CRITERIA:
2154 A. Standards for the Designation of a Landmark Site, Local Historic District or Thematic
2155 Designation: The proposed landmark site, local historic district, or thematic designation
2156 shall be evaluated according to the following:
2157
2158 1. Significance in local, regional, state or national history, architecture, engineering or
2159 culture, associated with at least one of the following:
2160
2161 a. Events that have made significant contribution to the important patterns of
2162 history, or
2163
2164 b. Lives of persons significant in the history of the city, region, state, or nation, or
2165
2166 c. The distinctive characteristics of a type, period of significance, or method of
2167 construction; or the work of a notable architect or master craftsman, or
2168
54
LEGISLATIVE DRAFT
2169 d. Information important in the understanding of the prehistory or history of Salt
2170 Lake City; and
2171
2172 2. Historic integrity in terms of location, design, setting, materials, workmanship,
2173 feeling and association as defined in Section 21A.62.040. When analyzing historic
2174 integrity, the collective historic value of the buildings and structures in a local historic
2175 district taken together may be greater than the historic value of each individual
2176 building or structure in a district.
2177
2178 3. The proposed landmark site, local historic district or thematic designation is listed, or
2179 is eligible to be listed on the National Register of Historic Places;
2180
2181 4. The proposed designation contains notable examples of elements of the city’s history,
2182 development patterns or architecture not typically found in other local historic
2183 districts within Salt Lake City;
2184
2185 5. The designation is generally consistent with adopted planning policies; and
2186
2187 6. The designation would be in the overall public interest.
2188
2189 B. Factors to Consider: The following factors may be considered by the historic landmark
2190 commission and the city council to help determine whether the proposed designation of a
2191 landmark site, local historic district or thematic designation meets the criteria listed
2192 above:
2193
2194 1. Sites are of an age that allows insight into whether a property is sufficiently important
2195 in the overall history of the community as identified in one or more periods of
2196 significance in a historic survey report. Typically, this is at least fifty (50) years but
2197 could be less if the property has exceptional importance.
2198
2199 2. Whether the proposed local historic district or thematic designation contains
2200 examples of elements of the city’s history, development patterns and/or architecture
2201 that may not already be protected by other local historic districts within the city.
2202
2203 3. Whether designation of the proposed local historic district or thematic designation
2204 would add important knowledge that advances the understanding of the city’s history,
2205 development patterns and/or architecture.
2206
2207 4. Whether approximately seventy five percent (75%) of the structures within the
2208 proposed boundaries are rated as contributing structures by the most recent applicable
2209 historic survey and those relate to identified significance and periods of significance.
2210
55
LEGISLATIVE DRAFT
2211 C. Boundaries of a Proposed Landmark Site: When applying the evaluation criteria in
2212 Subsection 21A.51.040.A, the boundaries of a landmark site shall be drawn to ensure that
2213 historical associations, that best enhance the integrity of the site comprise the boundaries.
2214
2215 D. Boundaries of a Proposed Local Historic District: When applying the evaluation criteria
2216 in Subsection 21A.51.040.A, the boundaries shall be drawn to ensure the local historic
2217 district:
2218
2219 1. Contains a significant density of documented sites, buildings, structures or features
2220 rated as contributing structures in a recent historic survey;
2221
2222 2. Coincides with documented historic boundaries such as early roadways, canals,
2223 subdivision plats or property lines;
2224
2225 3. Coincides with logical physical or manmade features and reflect recognized
2226 neighborhood boundaries; and
2227
2228 4. Contains noncontributing resources or vacant land only where necessary to create
2229 appropriate boundaries to meet the criteria in Subsections 21A.51.040.A and
2230 21A.51.040.D.
2231
2232 E. Boundaries of a Proposed Thematic Designation: When applying the evaluation criteria
2233 of this section, the boundaries shall be drawn to ensure the thematic designation contains
2234 a collection of sites, buildings, structures, or features that are associated by historical,
2235 architectural, or aesthetic characteristics and contribute to the historic preservation goals
2236 of Salt Lake City by protecting historical, architectural, or aesthetic interest or value.
2237
2238 21A.51.050: EXISTING LOCAL HISTORIC AMENDMENT PROCESS:
2239 A. Applicability: Existing Local Historic Amendments applies to the following:
2240
2241 1. Expanding the boundaries of an existing landmark site, local historic district, or adding
2242 additional properties to an existing thematic designation;
2243 2. Reducing the boundaries of an existing landmark site, local historic district, or
2244 removing properties from an existing thematic designation; and
2245 3. Revocation of the designation of a landmark site.
2246
2247 B. Process for Amendments to Existing Local Historic Districts and Thematic Designations:
2248
2249 1. Boundary Expansion: The process for expanding the boundaries of an existing local
2250 historic district or adding properties to a thematic designation shall be the same as
2251 outlined in Subsection 21A.51.030.A except that the following shall only apply to the
2252 properties being added into the proposed expanded boundary and do not apply to
56
LEGISLATIVE DRAFT
2253 those properties already designated in a local historic district or thematic designation
2254 and already subject to the H Historic Preservation Overlay District:
2255
2256 a. The notification to affected property owners described in Subsection
2257 21A.51.030.A.1.b;
2258
2259 b. The application submittal requirements for demonstrating support of 33% of the
2260 property owners described in Subsection 21A.51.030.A.2;
2261
2262 c. The property owner meeting described in Subsection 21A.51.030.A.6;
2263
2264 d. The opinion ballot described in Subsection 21A.51.030.A.9;
2265
2266 e. Notification of property owner opinion balloting results in Subsection
2267 21A.51.030.A.10; and
2268
2269 f. City council consideration opinion ballot thresholds described in Subsection
2270 21A.51.030.A.11.
2271
2272 2. Boundary Reduction: The process for reducing the boundaries of an existing local
2273 historic district or removing properties from a thematic designation shall be the same
2274 as outlined in Subsection 21A.51.030.A except that:
2275
2276 a. The requirements described in Subsection 21A.51.050.B.1.a through f, shall only
2277 apply to those properties proposed to be removed from the local historic district or
2278 thematic designation and do not apply to those properties already designated in a
2279 local historic district or thematic designation and already subject to the H Historic
2280 Preservation Overlay District.
2281
2282 b. Fees: The application shall be accompanied by the applicable fees shown on the
2283 Salt Lake City consolidated fee schedule. The applicant shall also be responsible
2284 for payment of all fees established for providing the public notice required by
2285 Chapter 21A.10 of this title. Applications filed by the city council, planning
2286 commission or the mayor shall not be required.
2287
2288 C. Amendments to Existing Landmark Sites:
2289
2290 1. Boundary Expansion or Reduction or Revocation: The process for expanding or
2291 reducing the boundaries of an existing landmark site or the revocation of the
2292 designation of a landmark site shall follow the steps outlined in Subsection
2293 21A.51.030.B in addition to:
2294
2295 a. Fees: Applications for reducing the boundaries of a landmark site or for the
2296 revocation of the designation of a landmark site shall be accompanied by the
57
LEGISLATIVE DRAFT
2297 applicable fees shown on the Salt Lake City consolidated fee schedule. The
2298 applicant shall also be responsible for payment of all fees established for
2299 providing the public notice required by Chapter 21A.10 of this title. Applications
2300 filed by the city council, planning commission or the mayor shall not be required.
2301
2302 21A.51.060: EXISTING LOCAL HISTORIC AMENDMENT CRITERIA:
2303
2304 A. Expansion: A proposed expansion of the boundaries of an existing landmark site, local
2305 historic district, or the addition of properties to a thematic designation shall be considered
2306 utilizing the provisions of Subsections 21A.51.040.A through E and provided that new
2307 information indicates that the inclusion of additional properties would better convey the
2308 historical and architectural integrity of the landmark site, local historic district or
2309 thematic designation.
2310
2311 B. Reduction: A proposed reduction of the boundaries of an existing landmark site, local
2312 historic district or the removal of properties from a thematic designation shall
2313 demonstrate the properties have no longer met the criteria in Subsection 21A.51.040.A
2314 for inclusion within the landmark site, local historic district or thematic designation. The
2315 qualities that caused them to be originally included have been lost or destroyed, or such
2316 qualities were lost subsequent to the historic landmark commission recommendation and
2317 adoption of the designation.
2318
2319 C. Revocation of the Designation of a Landmark Site: A proposal for revocation of a
2320 landmark site shall demonstrate the property no longer meets the criteria in Subsection
2321 21A.51.040.A for which it was originally designated.
2322
2323 21A.51.070: LIMITATIONS:
2324
2325 A. If a local historic district or thematic designation proposal fails in accordance with the
2326 voting procedures set forth in Subsection 21A.51.030.A.9, a resident may not initiate the
2327 creation of a local historic district or thematic designation that includes more than fifty
2328 percent (50%) of the same property as the failed local historic district or thematic
2329 designation proposal for four (4) years after the day on which the property owner opinion
2330 ballots for the vote were due.
2331 1. This determination shall be made by the zoning administrator upon receipt of an
2332 application pursuant to Section 21A.51.030 of this chapter. This provision shall not
2333 restrict the mayor or the city council from initiating a petition at any time for a new
2334 local historic district or thematic designation, or to amend the boundaries of a local
2335 historic district or the removal or addition of properties in a thematic designation.
2336
2337 21A.51.080: HISTORIC RESOURCE SURVEYS
2338
58
LEGISLATIVE DRAFT
2339 A. Existing Historic Resource Surveys: Any historic resource survey that was conducted for
2340 the city prior to the amendment of this chapter shall be utilized by the planning director
2341 and the historic landmark commission in applying provisions of Section 21A.34.020 the
2342 H Historic Preservation Overlay District. Any subsequent adoption of a historic resource
2343 survey will be done by ordinance in accordance with the provisions in this chapter and
2344 will supersede previous surveys.
2345
2346 B. Updates to Historic Resource Surveys:
2347
2348 1. Applicability: The city aims to update historic resource surveys on a periodic basis as
2349 recommended by the National Park Service. Updates to surveys are for land use
2350 purposes to determine periods of significance, to determine historic status of
2351 individual properties, to update the national register, and to keep archival records on
2352 historic properties. Updates to a historic resource survey for existing local historic
2353 district is subject to the following:
2354
2355 a. The standards of the H Historic Preservation Overlay apply to those properties
2356 within an adopted local historic district. Any other properties evaluated in a
2357 historic resource survey outside the boundary of a designated local district or
2358 thematic designation will not be subject to the land use regulations associated
2359 with historic status designations in the H Historic Preservation Overlay District.
2360
2361 b. An updated historic resource survey maintains the boundaries of a local historic or
2362 the properties within a thematic designation but may update the historic status of
2363 properties within the adopted H Historic Preservation Overlay District.
2364
2365 c. Historic Status Determinations: Instances where the historic status of an
2366 individual property within a local historic district is in question, the zoning
2367 administrator will use the provisions of Subsection 21A.34.020.D to make a
2368 timely determination.
2369
2370 d. Any properties changing status from the most recent historic resource survey shall
2371 be specifically identified in the updated survey and their period of significance
2372 and historic status listed.
2373
2374 2. Process for Updating Historic Resource Surveys:
2375
2376 a. Public Hearings: A public hearing shall be held with both the historic landmark
2377 commission and the planning commission in accordance with the standards and
2378 procedures set forth in Chapter 21A.10, “General Application and Public Hearing
2379 Procedures”, of this title. The historic landmark commission and planning
2380 commission shall recommend approval or denial of the updated historic resource
59
LEGISLATIVE DRAFT
2381 survey or the approval of some modification of the updated historic resource
2382 survey and the recommendation will be submitted to the city council.
2383
2384 b. City Council: Following the transmittal of the historic landmark commission’s
2385 recommendation, the city council shall hold a public hearing to consider adopting
2386 the updated historic survey in accordance with the procedures set forth in Chapter
2387 21A.10, “General Application and Public Hearing Procedures”, of this title. The
2388 city council may, by a majority vote, adopt the updated historic resource survey.
2389 In deciding to adopt an updated historic resource survey, the city council may
2390 consider the following in their decision making:
2391
2392 (1) Any benefit or impact that extending the period of significance would have on
2393 the local district or thematic designation and the city;
2394
2395 (2) Any new period of significance in the updated survey is identified and
2396 associated with at least one of the following:
2397
2398 (a) Events that have made significant contribution to the important patterns of
2399 history, or
2400 (b) Lives of persons significant in the history of the city, region, state, or
2401 nation, or
2402 (c) The distinctive characteristics of a type, period of significance or method
2403 of construction; or the work of a notable architect or master craftsman, or
2404 (d) Information important in the understanding of the prehistory or history of
2405 Salt Lake City; and
2406 (3) Any properties within a new period of significance will be assessed for
2407 aspects of integrity in terms of location, design, setting, materials,
2408 workmanship, feeling and association as defined by the National Park Service
2409 Aspects of integrity. When analyzing integrity, the collective historic value of
2410 the buildings and structures in a local historic district taken together may be
2411 greater than the historic value of each individual building or structure in a
2412 district. If integrity is intact, the property is denoted as contributing in the
2413 updated survey;
2414
2415 (4) Any notable examples of elements of the city’s history, development patterns
2416 or architecture not typically found in other local historic districts within Salt
2417 Lake City are specifically identified for any new periods of significance in the
2418 updated survey;
2419
2420 (5) The historic survey update would be in the overall public interest.
60
LEGISLATIVE DRAFT
2421
2422 C. City Council Action: If an updated historic resource survey is adopted by the city council,
2423 the updated historic resource survey including any updated historic status designations
2424 shall be used when applying provisions of the H Historic Preservation Overlay District in
2425 Section 21A.34.020. The decision to update a historic resource survey will go into effect
2426 on the date of the publication of the related ordinance unless otherwise noted on the
2427 adopted ordinance.
2428
2429
2430 21A.51.090: APPEAL OF DECISION:
2431
2432 Any party adversely affected by the decision of the city council may, within thirty (30) days
2433 after such decision, file a petition for review to the District Court pursuant to the Municipal
2434 Land Use Development and Management Act, Section 10-9a-801, of the Utah Code.
2435
2436 SECTION 11. Amending the Text of Salt Lake City Code Section 21A.60.020. That Section
2437 21A.60.020 of the Salt Lake City Code (Zoning: List of Terms: List of Defined Terms) shall be and
2438 hereby is amended to add the following terms in the list of defined terms to be inserted into that list
2439 in alphabetical order:
2440 Contributing Structure
2441 Noncontributing Structure
2442 Demolition (as it applies to properties within the H Historic Preservation Overlay District)
2443 Demolition, Partial (as it applies to properties within the H Historic Preservation Overlay
2444 District)
2445 Historic Design Guidelines
2446 Historic Integrity
2447 Economic Hardship
2448 Historic Resource Survey
2449 Landmark Site
2450 Local Historic District
2451 Period of Significance
2452 Thematic Designation
2453 Willful Neglect
2454
2455 SECTION 12. Amending the Text of Salt Lake City Code Section 21A.62.040. That
2456 Section 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms) shall
61
LEGISLATIVE DRAFT
2457 be and hereby is amended to add the following definitions, which shall be inserted in
2458 alphabetical order and shall read as follows:
2459
2460 CONTRIBUTING STRUCTURE: A structure or site within the H historic preservation
2461 overlay district that has been determined through the process outlined in Section
2462 21A.51.040, or an adopted historic resource survey, or Subsection 21A.34.020.D, to
2463 generally retain historic integrity. When analyzing historic integrity of a building as part
2464 of a local historic district, the collective historic value of the buildings and structures in a
2465 local historic district taken together may be greater than the historic value of each
2466 individual building or structure in a district. A contributing structure generally has its
2467 major character defining features intact and although minor alterations may have
2468 occurred, they are generally reversible.
2469
2470 DEMOLITION (AS IT APPLIES TO PROPERTIES WITHIN THE H HISTORIC
2471 PRESERVATION OVERLAY DISTRICT): Any act or process which destroys a structure,
2472 object or property within the H Historic Preservation Overlay District or a landmark site.
2473 (See definition of demolition, partial.)
2474
2475 DEMOLITION, PARTIAL (AS IT APPLIES TO PROPERTIES WITHIN THE H
2476 HISTORIC PRESERVATION OVERLAY DISTRICT): Partial demolition includes any act
2477 which destroys a portion of a structure consisting of not more than twenty five percent (25%)
2478 of the floor area of the structure, and where the portion of the structure to be demolished is
2479 not readily visible from the street. Partial demolition also includes the demolition or removal
2480 of additions or materials not of the historic period on any exterior elevation exceeding twenty
2481 five percent (25%) when the demolition is part of an act of restoring original historic
2482 elements of a structure and/or restoring a structure to its historical mass and size.
2483
2484 ECONOMIC HARDSHIP: Denial of a property owner of all reasonable beneficial or
2485 economically viable use of a property without just compensation.
2486
2487 HISTORIC DESIGN GUIDELINES: The historic design guidelines provide guidance in
2488 determining the suitability and architectural compatibility of proposed maintenance, repair,
2489 alteration or new construction while at the same time, allowing for reasonable changes that
2490 meet current needs of properties located within the H Historic Preservation Overlay District.
2491 For architects, designers, contractors and property owners, they provide guidance in planning
2492 and designing future projects. For city staff and the historic landmark commission, they
2493 provide guidance for the interpretation of the zoning ordinance standards. Design guidelines
2494 are officially adopted by city council.
2495
2496 HISTORIC INTEGRITY: The ability of a property to convey its historical associations or
2497 attributes. As defined by the National Park Service, the following aspects or qualities, in
2498 various combinations, define historic integrity:
2499 Location- Location is the place where the historic property was constructed or the
2500 place where a historic event occurred.
62
LEGISLATIVE DRAFT
2501
2502 Design: Design is the combination of elements that create the form, plan, space,
2503 structure, and style of a property.
2504
2505 Setting: Setting is the physical environment of a historic property.
2506
2507 Materials: Materials are the physical elements that were combined or deposited
2508 during a particular period of time and in a particular pattern or configuration to form a
2509 historic property.
2510
2511 Workmanship: Workmanship is the physical evidence of the crafts of a particular
2512 culture or people during any given period in history.
2513
2514 Feeling: Feeling is a property’s expression of the aesthetic or historic sense of a
2515 particular period of time.
2516
2517 Association: Association is the direct link between an important historic event or
2518 person and a historic property.
2519
2520 HISTORIC RESOURCE SURVEY: A systematic resource for identifying and evaluating the
2521 quantity and quality of historic resources for land use planning purposes following the
2522 guidelines and forms of the Utah State Historic Preservation Office. Historic resource
2523 surveys shall be prepared by a qualified professional meeting the minimum professional
2524 qualifications defined by the U.S. National Park Service in the fields of history, archeology,
2525 architectural history, architecture, or historic architecture.
2526
2527 LANDMARK SITE: Any historic site that has been designated in accordance with
2528 Subsection 21A.51.030.B or any site on the Salt Lake City Register of Cultural Resources. A
2529 landmark site includes an individual building, structure or feature or an integrated group of
2530 buildings, structures or features on a single site. Such sites are of exceptional importance to
2531 the city, state, region or nation and impart high artistic, historic or cultural values. A
2532 landmark site clearly conveys a sense of time and place and enables the public to interpret the
2533 historic character of the site. Landmark sites are subject to the regulations of Section
2534 21A.34.020, the H Historic Preservation Overlay District.
2535
2536 LOCAL HISTORIC DISTRICT: A contiguous geographically definable area with a
2537 minimum district size of one “block face”, as defined in Section 21A.62.040, designated by
2538 the city council pursuant to the provisions in Subsection 21A.51.030.A, which contains
2539 buildings, structures, sites, objects, landscape features, archaeological sites and works of art,
2540 or a combination thereof, that contributes to the historic preservation goals of Salt Lake City.
2541 All properties within a local historic district are subject to the regulations of Section
2542 21A.34.020 the H Historic Preservation Overlay District.
2543
2544 NONCONTRIBUTING STRUCTURE: A structure or site within the H Historic
2545 Preservation Overlay District that has been determined noncontributing through the
2546 process outlined in Section 21A.51.040, or an adopted historic resource survey, or
63
LEGISLATIVE DRAFT
2547 Subsection 21A.34.020.D, and does not retain historic integrity. The major character
2548 defining features have been so altered as to make the historic form, materials or details
2549 indistinguishable and such alterations are irreversible. Noncontributing structures may
2550 also include those rated out of period, and therefore, they are not representative of a
2551 period of significance as identified in an adopted historic resource survey.
2552 PERIOD OF SIGNIFICANCE: The period of significance is the period when the historic
2553 events associated with a local historic district, thematic designation, or landmark site
2554 occurred. This period must reflect the dates associated with the property or site, or in the case
2555 of a district, the collection of properties within the district. A period of significance may be
2556 thousands of years (in the case of an archeological property), several years, or even a few
2557 days, depending on the duration of the event. There may be multiple periods of significance
2558 associated with a local historic district, thematic designation, or landmark site.
2559 THEMATIC DESIGNATION: A collection of individual sites, buildings, structures, or
2560 features designated by City Council pursuant to the provisions in Subsection 21A.51.030.A,
2561 which are contained in two (2) or more geographically separate areas that are united together
2562 by historical, architectural, or aesthetic characteristics and contribute to the historic
2563 preservation goals of Salt Lake City by protecting historical, architectural, or aesthetic
2564 interest or value. All properties within a thematic designation are subject to the regulations of
2565 Section 21A.34.020 the H Historic Preservation Overlay District.
2566
2567 WILLFUL NEGLECT: The intentional absence of routine maintenance and repair of a
2568 building over time.
2569
2570 SECTION 13. Amending the Consolidated Fee Schedule. That the section of the Salt
2571 Lake City consolidated fee schedule titled, “Zoning Fees” shall be and hereby is amended to read
2572 as follows:
ZONING FEES
For question regarding Zoning fees contact: 801.535.7700
Service Fee Additional Information Section
Determination of Nonconforming Use $214 21A.38.025.4
Administrative Interpretation $71 Plus $61 per hour for research after the first hour 21A.12.040.A.6
Alley Vacation/Closure $285 Fee waiver available if adequate signatures are obtained.
See also fee for required public notices (21A.10.010.E)14.52.030. A.5
Alternative Parking
Residential $428 21A.52.040 .A.3
Nonresidential $785 21A.52.040 .A.3
Amendments
Master plan $1,070 Plus $121 per acre in excess of one acre. See also fee for
required public notices (10.9a.204).
Utah Code
Annoted
10.9A.510
64
LEGISLATIVE DRAFT
Zoning map amendment $1,142 Plus $121 per acre in excess of one acre. See also fee for
required public notices (21A.10.010.E).21A.50.040.B
Zoning text amendment $1,142 See also fee for required public notices (21A.10.010.E)21A.50.040.B
Annexation $1,427 See also fee for required public notices (21A.10.010.E)Utah Code Annoted 10.2.401.5
Appeal of a Decision
Administrative decision $285 See also fee for required public notices (21A.10.010.E)21A.16.030.B
Historic Landmark Commission $285 See also fee for required public notices (21A.10.010.E)21A.16.030.B
Planning Commission $285 See also fee for required public notices (21A.10.010.E)21A.16.030.B
Appearance Before the Zoning Enforcement Hearing Office
First scheduled hearing No charge 21A.20.90
Second scheduled hearing $71 21A.20.90
Billboard Construction or Demolition including the
demolition of a non-conforming billboard $285 21A.46.160.D.3 & 21A.46.160.L.2
Conditional Building and Site Design Review $856 Plus $121 per acre in excess of one acre. See also fee for
required public notices (21A.10.010.E).21A.59.070.B
Conditional Use $856 See also fee for required public notices (21.A.10.010.E).21A.54.060.C
Condominium
Preliminary $571 Plus $37 per unit. See also fee for required public notices
(21.A.10.010.E).20.56.40.B
Final $428 Plus $24 per unit.20.56.40.B
Declaration of Surplus Real Property $428 2.58.040
Historic Landmarks Commission Review (Application)
Major Alterations of a principal building $36
$100
See also fee for required public notices (21A.10.010.E)21A.34.020
New construction of a principal building $285
$2,982
See also fee for required public notices (21A.10.010.E)21A.34.020
Demolition of a contributing principal building $571
$2,406
See also fee for required public notices (21A.10.010.E)21A.34.020
Relocation of a contributing principal building $285
$303
See also fee for required public notices (21A.10.010.E)21A.34.020
Reduction to boundaries of the H Historic Pres.
Overlay District $2,999 See also fee for required public notices (21A.10.010 E)21A.51.050
Revocation of a Landmark Site $2,999 See also fee for required public notices (21A.10.010 E)21A.51.050
Economic Hardship $2,050 Plus $200/hour up to $20,000. See also fee for required
public notices (21A.10.010.E)21A.34.020
Home Occupation
Non-conditional No charge Fee could be assessed in future as per ordinance 21A.36.030
Conditional No charge Fee could be assessed in future as per ordinance 21A.36.030
Outdoor Dining
Outdoor Dining Application $30 21A.40.065
Outdoor Dining Permit Fee (1-5 tables)$120 21A.40.065
Outdoor Dining Permit Fee (6 or more tables)$180 21A.40.065
Planned Development $856 Plus $121 per acre in excess of (1) acre. See also fee for
required public notices (21A.10.010.E)21A.55
Signs
65
LEGISLATIVE DRAFT
Permit fee for signs
Based on
the adopted
Building
Permit Fee
Schedule
21A.46.030
Plan checking fee $0.13 Of building permit value 21A.46.030
Inspection tag $14 21A.46.030
Site Development Permit $285 Plus $61 per acre in excess of one (1) acre 18.28.040.E
Special Exception $285
For historic structures, see Section 21A.34.020 and
21A.46.070V. See also fee for required public notices
21A.10.010.E)
21A.52.040.A.3
Street Closure $428 See also fee for required public notices.2.58.040
Subdivision Amendments $428 Plus $121 per lot. See also fee for required public notices
(20.36)20.04.120
Subdivision Preliminary Plat $428 Plus $121 per lot. See also fee for required public notices
(20.36)20.04.120
Subdivision Final Plat $856 Plus $121 per lot.20.04.120
Subdivision Vacations $428 See also fee for required public notices (20.36)20.04.120
Engineering Review and Inspection Fee
5% of the
1st
$100,000 of
public
improvemen
ts & 2% for
the amount
above
$100,000
20.04.120
Subdivision Lot Line Adjustment $284 20.04.120
Subdivision Consolidating Lots $273 20.04.120
Temporary Uses $285 21A.42.060.B
Zoning Variance $428 See also fee for required public notices (21A.10.010.E)21A.18.040.B
As per applicable sections of the Ccity and / or Sstate Ccode, a fee will be assessed for required public notices. This may include sending notice by 1st class
U.S. Mail to property owners within a certain radius of the subject property and / or advertising required public hearings in a newspaper of general circulation.
A fee for each required public hearing will be assessed. The noticing fee is authorized through the following sections of the Zzoning Oordinance and Sstate
Llaw: Salt Lake City Code Subsection 21A.10.010.E and Utah State Code Annotated 10.9a.204 Section 10-9a-501. and 510
2573
2574
2575 SECTION 14. Effective Date. This Ordinance shall become effective on the date of its
2576 first publication.
2577 Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________,
2578 202_.
2579 ______________________________
2580 CHAIRPERSON
2581 ATTEST AND COUNTERSIGN:
2582
2583 ______________________________
66
LEGISLATIVE DRAFT
2584 CITY RECORDER
2585
2586 Transmitted to Mayor on _______________________.
2587
2588
2589 Mayor’s Action: _______Approved. _______Vetoed.
2590
2591 ______________________________
2592 MAYOR
2593 ______________________________
2594 CITY RECORDER
2595 (SEAL)
2596
2597 Bill No. ________ of 202_.
2598 Published: ______________.2599 Ordinance amending H Historic Preservation Overlay District regs (legislative) 9-26-23