HomeMy WebLinkAboutLegislative Version Ordinance - 3/25/2024LEGISLATIVE DRAFT
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SALT LAKE CITY ORDINANCE
No. of 2024
(An ordinance amending various sections of Title 2 1 A of the Salt Lake City Code
pertaining to penalties for work done without a certificate of appropriateness.)
An ordinance amending various sections of Title 2 1 A of the Salt Lake City Code pursuant
to Petition No. PLNPCM2023-00336 pertaining to the creation of penalties for work done
without a certificate of appropriateness.
WHEREAS, on January 4, 2024, the Salt Lake City Historic Landmark Commission
("Landmark Commission") held a public hearing to consider a petition submitted by Mayor Erin
Mendenhall to amend various sections of Title 2 1 A of the Salt Lake City Code pertaining to the
creation of penalties for work done without a certificate of appropriateness pursuant to Petition
No. PLNPCM2023-00336; and
WHEREAS, at its January 4, 2024 meeting, the Landmark Commission voted in favor of
transmitting a positive recommendation with modifications to the Salt Lake City Planning
Commission ("Planning Commission") and the Salt Lake City Council ("City Council") on said
petition; and
WHEREAS, on January 10, 2024 the Planning Commission held a public hearing on said
petition; and
WHEREAS, at its January 10, 2024 meeting, the Planning Commission voted in favor of
transmitting a positive recommendation to the City Council on said petition; and
WHEREAS, after a public hearing on this matter the City Council has determined that
adopting this ordinance is in the city's best interests.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
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28 SECTION 1. Amending the text of Section 21A.34.020. That the list of subsections in
29 Section 21A.34.020 of the Salt Lake City Code (Zoning: Overlay Districts: H Historic
30 Preservation Overlay District) shall be, and hereby is amended as follows, with no other
31 revisions to Section 21A.34.020:
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21 A.34.020: H HISTORIC PRESERVATION OVERLAY DISTRICT:
A. Purpose Statement
B. Applicability
C. Local Historic Designation, Amendments or Revocation
D. Historic Status Determination
E. Certificate of Appropriateness Required
F. Procedures for Issuance of a Certificate of Appropriateness
G. Standards for Alteration of a Landmark Site, Contributing Structure or New Construction
of an Accessory Structure
H. Standards for New Construction or Alteration of a Noncontributing Structure
I. Standards for Relocation
J. Standards for Demolition of a Landmark Site
K. Standards for Demolition of a Contributing Principal Building
L. Economic Hardship Determination
M. Reconstruction of a r.,....iage House on ., Landmark c:�o
N. Enforcement
SECTION 2. Amending the text of Subsection 21A.34.020.E.1. That Subsection
21A.34.020.E of the Salt Lake City Code (Zoning: Overlay Districts: H Historic Preservation
Overlay District: Certificate of Appropriateness Required) shall be, and hereby is amended to
53 read as follows:
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1. A certificate of appropriateness shall be required for all of the following:
a. Any exterior alteration to the property or any structure on the property unless
specifically exempted under Subsection 21A.34.020.E.2;
b. New Econstruction;
c. Relocation of a structure or object on the same site or to another site;
d. Demolition; and
e. Reconstruction
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62 SECTION 3. Amending the text of Subsection 21A.34.020.F.2. That Subsection
63 21A.34.020.F.2 of the Salt Lake City Code (Zoning: Overlay Districts: H Historic Preservation
64 Overlay District: Procedure for Issuance of Certificate of Appropriateness) shall be, and hereby
65 is amended to read as follows:
66 2. Historic Landmark Commission Authority: The following shall only be decided by
67 the historic landmark commission:
68 a. Substantial alteration or addition to a landmark site or contributing site, building,
69 and/or structure;
70 b. New construction of a principal building in the H Historic Preservation Overlay
71 District;
72 c. Relocation of a landmark site or contributing principal building;
73 d. Demolition of a landmark site or contributing principal building;
74 e. Economic hardship determination;
75 f. Reconstruction of e house on a '.,,,am ar4site; and
76 g. Applications referred by the planning director.
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78 SECTION 4. Enacting the text of Subsection 21A.34.020.F.3.c. That anew Subsection
79 21 A.34.020.F.3.c of the Salt Lake City Code (Zoning: Overlay Districts: H Historic Preservation
80 Overlay District: Procedure for Issuance of Certificate of Appropriateness: Submission of
81 Application) is hereby enacted as follows:
82 c. Reconstruction Application Requirements: In addition to the general application
83 requirements listed above, applications for reconstruction shall include drawings
84 and photographs of the original structure that justify the dimensions and details of
85 the proposed structure. The applicant shall provide documentation that indicates
86 the original structure's approximate:
87 O) Location on the site and the estimated setbacks.
88 Building footprint, including shape and size.
89 Roof shape, slope and details.
90 (41 Building height, including wall height and roof height.
91 Openings, including location, arrangement, size and details of any window or
92 door openings. For reconstruction of carriage house, include carriage entries.
93 Exterior building materials.
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95 SECTION 5. Amending the text of Subsection 21A.34.020.F.6. That Subsection
96 21A.34.020.F.6 of the Salt Lake City Code (Zoning: Overlay Districts: H Historic Preservation
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97 Overlay District: Procedure for Issuance of Certificate of Appropriateness) shall be, and hereby
98 is amended to read as follows:
99 6. Administrative Decisions: The planning director or designee shall approve,
100 conditionally approve, or deny the application for a certificate of appropriateness based
101 upon written findings of fact. The decision of the planning director or designee shall
102 become effective upon issuance of the certificate of appropriateness or of the findings
103 and order in the case of an administrative denial.
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105 SECTION 6. Amending the text of Subsection 21A.34.020.L.3.c. That Subsection
106 21A.34.020.L.3.c of the Salt Lake City Code (Zoning: Overlay Districts: H Historic Preservation
107 Overlay District: Economic Hardship Determination: Procedure for Determination of Economic
108 Hardship) shall be, and hereby is amended to read as follows:
109 c. Finding of Economic Hardship: If after reviewing all of the evidence presented by
110 the applicant and the advice/testimony of the planning director's appointed
III qualified expert, and if the historic landmark commission finds that the applicant
112 has presented sufficient information supporting a determination of economic
113 hardship, then the historic landmark commission shall approve the demolition. In
114 order to show that all beneficial or economically viable use cannot be obtained, the
115 historic landmark commission must find that all of the following are met:
116 (1) The contributing principal building or landmark site cannot be economically
117 used or rented at a reasonable rate of return in its present condition or if
118 rehabilitated;
119 (2) The contributing principal building or landmark site cannot be put to any
120 reasonable beneficial use in its present condition, or if rehabilitated; and
121 (3) Bona fide efforts during the previous year to sell or lease the contributing
122 principal building or landmark site at a reasonable price have been
123 unsuccessful -.Land
124 (4) The hardship is not a mere reduction in economic value of the property, is not
125 caused by the owner's financial ability to rehabilitate a property, is not caused
126 by the owner's lack of due diligence to rehabilitate a property, or by any other
127 self-imposed condition, such as demolition by neglect, intentional
128 destabilization of the structure or a violation outlined in 21A.34.020.N.3.
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130 SECTION 7. Amending the text of Subsection 21A.34.020.M. That Subsection
131 21A.34.020.M of the Salt Lake City Code (Zoning: Overlay Districts: H Historic Preservation
132 Overlay District) shall be, and hereby is amended to read as follows:
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133 M. Reconstruction
134 1. Applicability: The ro ns,..,,etio,, f a hist r-ie eafriage house : allowed if the
136 a. Reconstruction after demolition without a certificate of appropriateness: If a
137 landmark site or contributing structure is demolished without a certificate of
138 appropriateness, an application for reconstruction will be considered in
139 accordance with the provisions of this Subsection.
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141 b. Reconstruction of a carriage house on a landmark site: An application for the
142 reconstruction of a historic carriage house is allowed subject to the provision of
143 this Subsection and if the following criteria are satisfied:
144 a-.Ll) The carriage house is located on a landmark site.
145 For the purpose of this section, any site that has been further subdivided since
146 the construction of the last principal building on the site shall be considered
147 part of the landmark site.
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149 b fQ Documentation has been provided that indicates a carriage house associated
150 with the historic period of the landmark site existed on the site.
151 Documentation may include any property related record, prior survey,
152 photographs, site plans, or similar records. It is the responsibility of the
153 applicant to provide the necessary documentation and justification for the
154 proposed dimensions and details of the carriage house that is proposed to be
155 reconstructed. Documentation shall provide sufficient detail to estimate the
156 approximate details of the carriage house,
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158 (1) The approximate leeation of the ealT-iage house on the site and estimate
159 somas
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and details of the r-eef of the stfuetur-e proposed-
162 to be ro ns,...,eted;
163 , based on the seale of existing
164 buildings or- stmetffes tha are also visible in hister-ie deettmentatie or- the.
165 dimensionsofthe hister-io building materials, f available. The appr-exim�te
166 height shall inelude wall height and r-eef height; a
167 (5) T�oeation, affangement, size, and details of any window Ek ding
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170 2.
171 shall be eensider-ed an applieation for- new eenstmetion and inelude all the applieati
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173 ' Subseetier �.b above -.-Modifications authorized: The following modifications are
174 authorized for reconstruction in accordance with this Subsection:
175 a. Density: The qualifying_ provisions for density found in the minimum lot area and
176 lot width tables of the zoning district do not apply to the proposed reconstruction,
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177 and in the RMF-30 zoning district, the minimum lot size per dwelling unit does
178 not apply.
179 b. Multiple buildings on a single parcel: If the reconstruction results in multiple
180 buildings on a single parcel, the buildings are allowed without each building
181 having street frontage.
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183 3. Compliance with additional codes: An application for reconstruction shall comely
184 with all applicable codes, regulations and engineering standards that have been
185 adopted by the State of Utah or the city.
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187 4. Approval Standards: In considering an application for a certificate of appropriateness
188 involving reconstruction, the historic landmark commission shall grant the certificate
189 if it finds the project complies with all of the following standards An appheation to
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193 a. Reconstruction sly only be used to depicts only vanished or non -surviving
194 portion of a property when a,.,., ,,marry and pb�,sieal e .:denee : available .
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b. Reeenstme ien will and includes measures to preserve any remaining historic
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materials, features, and spatial relationships;,
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Eb. The Rreconstructionwill be Lased on the is an accurate duplication of historic
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features and elements substantiated by documentary or physical evidence. When
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evidence is not available, rather- than on conjectural designs may be allowed if
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supported by research of similar structures of the same era as the original
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structure. or- the availability of different features from thee- hiss r-ie r pe-Flies. A
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propefty in materials, design, eeler-, and te*tufe;
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dc. Proposed-dDesigns that were never executed historically will not be
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allowed.^ stmeted s:der-ed
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d. The proposed structure replicates the size, shape, location, orientation, material and
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design of the original structure.
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e. The proposed structure replicates character defining features and details of the
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orig_ inal structure.
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leeation
, and eft
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the property based o the hiss r-ie d,.,., ment.atio provided by the pl:oant
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Hister-ie doeumentation shall be used to appr-eximate the leeation and dimensions
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of the st.,,,.ttwe.
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fi The the house the the
eaiT-iage shall mateh appr-eximate r-eef shape of original
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house;
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inetuding fof
, rveenstrdeted entryways eai=Fiagesj
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shall approximately Mat i. hist r-ie entF w ays eemma4y found o
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houses ftemthe same era as- the original eafr-iage house; n
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ligh
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225 4. Complying With Additional Codes: An applieation appr-e Ved under- this seefien shall
226 eemply with all appheable eedes,
227 been adopted by the State of or- the eity.
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229 5. Additional requirements for reconstruction of a carriage house on a landmark site:
230 a. Subdivision Prohibited: Further subdivision of the property after approval of a
231 reconstruction under this section is prohibited and portions of Section 21A.38.060
232 authorizing subdivisions of lots with more than two principal buildings shall not
233 be applicable.
234 b. Updated Intensive Level Survey: If reconstruction is approved, the applicant shall
235 provide the city an updated intensive level survey to document the changes to the
236 landmark site.
237 c. 6-.Allowed Uses After Reconstruction: The following uses shall be allowed in a
238 reconstructed carriage house approved under this section:
239 aLll)-. A single-family dwelling, regardless of lot area, lot width or street
240 frontage;
241 b(2)- Any accessory use authorized in the underlying zoning district or
242 overlay district; or
243 e(3). Accessory dwelling units subject to the applicable regulations for
244 accessory dwelling units.
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246 6. Restrictive covenant for reconstruction after demolition: In the case of a reconstruction after
247 demolition without a certificate of appropriateness, the property owner shall enter into a
248 legally binding restrictive covenant, the form of which shall be approved by the city
249 attorney. The restrictive covenant shall be recorded on the property with the Salt Lake
250 County Recorder prior to issuance of a certificate of appropriateness for the reconstruction
251 required pursuant to 21A.34.020.N.3. The restrictive covenant shall, without limitation:
252 a. Acknowledge the required reconstruction;
253 b. Prohibit demolition and major alterations to the reconstructed structure for 25
254 years from the date of the issuance of the certificate of occupancy, transferrable to
255 any future property owner;
256 c. Identify the nature of the approval and any conditions thereof,
257 d. Require compliance with all applicable regulations; and
258 e. Identify the city's remedies for any violation of the covenant.
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260 7. Historic status for reconstruction after demolition: Following reconstruction, the
261 zoning administrator shall issue a historic status determination in accordance with
262 section 21A.34.020.D, indicating the historic status of the reconstructed structure as
263 noncontributing. Any future historic resource survey or status determination shall
264 evaluate the reconstructed structure on its own merits. M di fie ,tions "*,,,rued! In
265 , the histor-ie
266 landmark e . . iay modify the following standards "on finding that the
267 proposal ,lies with the ., rl;,.able standards:
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274 8. Updated Intensive Level Sufvey Required: if approved, the appheant shall pro
275 �sza��szes:��s iiss.�R:s�si o��� ���� �.issii��i �.iuz.aee��� azzu�� cszesymsi szuTzai
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277 SECTION 8. Enacting the text of Subsection 21A.34.020.N. That anew Subsection
278 21A.34.020.N of the Salt Lake City Code (Zoning: Overlay Districts: H Historic Preservation
279 Overlay District) is hereby enacted as follows:
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281 N. Enforcement: Anv nronerty on which work is done without a certificate of appropriateness
282 when such is required under 21A.34.020, shall be subject to the enforcement process
283 established in Section 21A.20. As applicable, the city shall have the following additional
284 remedies as set forth below:
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286 1. Any work done in violation of this chapter, and which does not comply with or
287 cannot be made to comply with the standards of this chapter shall be undone. The
288 structure or site shall be restored to its condition prior to such unlawful alteration to
289 the greatest extent possible without further damage.
290 2. A request for historic status determination as outlined in 21A.34.020.D to change
291 the status from contributing to noncontributing based on work done without a
292 certificate of appropriateness shall be rejected.
293 3. In the case of demolition of a contributing principal structure or local landmark site
294 without a certificate of appropriateness, a certificate of noncompliance will be
295 issued and recorded against the property prohibiting redevelopment for 25 years
296 unless the proposed redevelopment is for reconstruction as permitted by
297 21A.34.020.M.
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299 SECTION 9. Amending the text of Subsection 21A.38.040.H.5. That Subsection
300 21A.38.040.H.5 of the Salt Lake City Code (Zoning: Nonconforming Uses and Noncomplying
301 Structures: Nonconforming Uses: Modifications to Nonconforming Uses) shall be, and hereby is
302 amended to read as follows:
303 5. Deterioration Oor Destruction Oof Structure Wwith Aa Nonconforming Use:
304 Restoration of a deteriorated, damaged or destroyed structure and continuance of a
305 nonconforming use shall be subject to the following:
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306 a. If a building or structure that contains a nonconforming use is allowed to
307 deteriorate to a condition that the structure is rendered uninhabitable as
308 determined by the building official and is not repaired or restored within one year
309 after written notice to the property owner that the structure is uninhabitable, the
310 nonconforming use will cease to be legal.
311 b. If a building or structure that contains a nonconforming use is voluntarily razed,
312 or is required by law to be razed, the nonconforming use shall not be resumed.
313 c. If a property owner has voluntarily demolished seventy five percent (75%) or
314 more of the perimeter wall length and area dimensions of the exterior walls and/or
315 total floor area of a structure, the structure shall not be restored.
316 d. A nonconforming use may be restored when reconstruction is approved according
317 to the provisions of 21A.34.020.M. La.
318 d—.e. If a building or structure that contains a nonconforming use is involuntarily
319 destroyed in whole or in part due to fire or other calamity and the structure or use
320 has not been abandoned, the nonconforming use may be resumed and the building
321 or structure may be restored to the condition prior to the destruction, provided
322 such work is reasonably pursued in a time frame determined by the building
323 official after such calamity.
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325 SECTION 10. Amending the text of Subsection 21A.38.050.G. That Subsection
326 21A.38.040.G of the Salt Lake City Code (Zoning: Nonconforming Uses and Noncomplying
327 Structures: Noncomplying Structures) shall be, and hereby is amended to read as follows:
328 G. Deterioration, Damage Oor Destruction Oof Noncomplying Structure: Restoration of a
329 deteriorated, damaged or destroyed noncomplying structure shall be subject to the
330 following:
331 1. If a noncomplying structure is allowed to deteriorate to a condition that the structure
332 is rendered uninhabitable as determined by the building official and is not repaired or
333 restored within one year after written notice to the property owner that the structure is
334 uninhabitable, the noncomplying structure status will be lost and requires either
335 complete demolition or compliance with the standards of the zoning district in which
336 the structure is located.
337 2. If a property owner or authorized representative voluntarily demolishes a
338 noncomplying structure or the noncomplying structure is required by law to be razed,
339 the structure shall not be restored unless it is restored to comply with the regulations
340 of the zone in which it is located. Demolition of a noncomplying structure includes
341 any act or process that destroys or removes seventy five percent (75%) or more of the
342 perimeter wall length and area dimensions of exterior walls and/or total floor area of a
343 structure.
344 3. A noncomplying structure may be restored when reconstruction is approved
345 accordingto o the provisions of 21A.34.020.M.La.
346 3 4_. If a noncomplying structure is involuntarily destroyed in whole or in part due to fire
347 or other calamity and the structure or use has not been abandoned, the structure may
348 be restored to its original condition with respect to building footprint, setback, height
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349 and other noncomplying dimensional standards of the zoning district in which the
350 structure is located, provided such work is started within one year, unless a longer
351 time frame is approved by the building official, after such calamity.
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354 SECTION 11. Amending the text of Section 21A.62.040. That Section 21A.62.040 of the
355 Salt Lake City Code (Zoning: Definitions: Definitions of Terms) shall be and hereby is amended
356 to add the following definitions, which shall be inserted in alphabetical order and shall read as
357 follows:
358 RECONSTRUCTION (AS IT APPLIES TO PROPERTIES WITHIN THE H HISTORIC
359 PRESERVATION OVERLAY DISTRICT): The act or process of depicting, by means of new
360 construction, the form, features, and detailing of a non -surviving site, landscape, building,
361 structure. or obiect for the purpose of replicating its appearance at a specific period of time and
362 in its historic location.
363
364 SECTION 12. Adopting a "Reconstruction" fee in the Consolidated Fee Schedule. That
365 the section of the Salt Lake City consolidated fee schedule titled, "Zoning Fees: Historic
366 Landmarks Commission Review (Application)" shall be, and hereby is amended to add a new
367 "Reconstruction" fee, which shall read as follows:
Service I Fee I Additional Information I Section
Reconstruction $2,982 See also fee for required public notices (21A.10.010 E) 21A.34.020
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370 SECTION 13. Effective Date. This Ordinance shall become effective on the date of its
371 first publication.
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374 2024.
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Passed by the City Council of Salt Lake City, Utah, this day of
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CHAIRPERSON
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ATTEST AND COUNTERSIGN:
CITY RECORDER
Transmitted to Mayor on
Mayor's Action: Approved. Vetoed.
CITY RECORDER
(SEAL)
Bill No. of 2024.
Published:
Ordinance for Work Without a COAv2
MAYOR
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