072 of 2012 - Amending section 21A.34.030 pertaining to historic overlay districts 0 12-1
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SALT LAKE CITY ORDINANCE
No. 72 of 2012
(An ordinance amending section 21A.34.020 of the
Salt Lake City Code pertaining to historic overlay districts)
An ordinance amending section 21A.34.020 (Zoning: Overlay Districts: II Historic
Preservation Overlay District) of the Salt Lake City Code pertaining to historic preservation overlay
districts pursuant to Petition No. PLNPCM201 1-00723 to modify the process and adoption criteria
for establishment of new local historic districts and historic landmark sites.
WHEREAS, the Salt Lake City Historic Landmark Commission ("historic landmark
commission") held a public hearing on January 5, 2012 to consider a request made by Salt Lake City
Mayor Ralph Becker (petition no. PLNPCM2011-00723) to amend section 21A.34.020 (Zoning:
Overlay Districts: H Historic Preservation Overlay District) of the Salt Lake City Code to modify the
process and adoption criteria for establishment of new local historic districts and historic landmark
sites in Salt Lake City; and
WHEREAS, at its January 5, 201 lhearing, the historic landmark commission voted in favor
of recommending to the Salt Lake City Planning Commission ("planning commission") and the City
Council of Salt Lake City ("city council") that the city council adopt and amend section 21A.34.020
of the Salt Lake City Code relating to historic district and landmark site designation; and
WHEREAS, the Salt Lake City Planning Commission ('`planning commission") held a public
hearing on January 11, 2012 to consider said petition; and
WHEREAS, at its January 11, 2012 hearing, the planning commission voted in favor of
recommending to the city council that the city council adopt and amend section 21A.34.020 of the
Salt Lake City Code relating to historic district and landmark site designation; and
WHEREAS, the recommendations made by the planning commission and historic landmark
commission contain slight, substantive differences and the city council has considered the
recommendations of both; 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:
SECTION 1. Amending Section 21A.34.020 of the Salt Lake City Code. That the following
subsections of section 21A.34.020 of the Salt Lake City Code (Zoning: Overlay Districts: H Historic
Preservation Overlay District), shall be, and hereby are, amended as follows:
a) Section 21A.34.020.B of the Salt Lake City, ('ode is amended to read as follows:
B. Definitions:
1. Local Historic District:_A geographically or thematically definable area
within the II historic Preservation Overlay District designated by the city
council pursuant to the provisions of this section 21A.34.020, which
contains buildings, structures, sites, objects, landscape features,
archeological sites and works of art, or a combination thereof, that
contributes to the historic preservation goals of Salt Lake City.
2. Contributing Structure: A contributing structure is a structure or site
within the H Historic Preservation Overlay District that meets the criteria
outlined in subsection 21A.34.020.C.10 and is of moderate importance to
the city, state, region or nation because it imparts artistic, historic or
cultural values. A contributing structure has its major character defining
features intact and although minor alterations may have occurred they are
generally reversible. Historic materials may have been covered but
evidence indicates they are intact.
3. Noncontributing Structure: A noncontributing structure is a structure
within the H Historic Preservation Overlay District that does not meet the
criteria listed in subsection 21 A.34.020.C.10. The major character
defining features have been so altered as to make the original and/or
historic form, materials and details indistinguishable and alterations are
irreversible. Noncontributing structures may also include those which are
less than fifty (50) years old.
4. Landmark Site: A landmark site is any site included on the Salt Lake City
register of cultural resources that meets the criteria outlined in subsection
21 A.34.020.C.10. Such sites are of exceptional importance to the city,
state, region or nation and impart high artistic, historic or cultural values.
A landmark site clearly conveys a sense of time and place and enables the
public to interpret the historic character of the site.
5. New Construction: The building of a new principal building within the H
Historic Preservation Overlay District or on a landmark site.
6. Demolition: Any act or process which destroys a structure, object or
property within the H historic Preservation Overlay District or a landmark
site. (See subsection B7 of this section.)
7. Demolition, Partial: Partial demolition includes any act which destroys a
portion of a structure consisting of not more than twenty five percent
(25%) of the floor area of the structure, and where the portion of the
structure to be demolished is not readily visible from the street. Partial
demolition also includes the demolition or removal of additions or
materials not of the historic period on any exterior elevation exceeding
twenty five percent (25%) when the demolition is part of an act of
restoring original historic elements of a structure and/or restoring a
structure to its historical mass and size.
8. Thematic Designation: a collection of individual sites, buildings,
structures, or features which are contained in two or more geographically
separate areas that are united together by historical, architectural, or
aesthetic characteristics and contribute to the historic preservation goals of
Salt Lake City by protecting historical, architectural, or aesthetic interest
or value.
9. Historic Resource Survey: a Historic Resource Survey is a systematic
resource for identifying and evaluating the quantity and quality of historic
resources for land-use planning purposes following the guidelines and
forms of the Utah State Historic Preservation Office.
i. Reconnaissance Level Surveys (RLS) is the most basic approach for
systematically documenting and evaluating historic buildings in Utah
communities and involves only a visual evaluation of properties
ii. Intensive Level Surveys (ILS) include in-depth research involving
research on the property and its owners, documentation of the
property's physical appearance and completion of the Utah State
historic Offices' Historic Site Form.
10. Design Guidelines: The design guidelines provide guidance in determining
the suitability and architectural compatibility of proposed maintenance,
repair, alteration or new construction while at the same time, allowing for
reasonable changes that meet current needs of properties located within
the Historic Preservation Overlay district. For architects, designers,
contractors and property owners, they provide guidance in planning and
designing future projects. For City staff and the historic Landmark
Commission, they provide guidance for the interpretation of the Zoning
Ordinance standards. Design Guidelines are officially adopted by City
Council.
b) Section 21A.34.020.0 of the Salt Lake City Code is amended to read as follows:
C. Designation of a Landmark Site, Local Historic District or Thematic
Designation— H Historic Preservation Overlay District:
1. Intent: Salt Lake City will consider the designation of a landmark site, or
thematic designation in order to protect the best examples of historic
resources which represent significant elements of the city's pre-history,
history, development patterns or architecture. Designation of a local
historic district must be in the best interest of the city and achieve a
reasonable balance between private property rights and the public interest
in preserving the city's cultural, historic, and architectural heritage. The
city council shall determine that designation of a landmark site, local
historic district or thematic designation is the best method of preserving a
unique element of history important to understanding the pre-history or
history of the area encompassed by the current Salt Lake City corporate
boundaries.
2. City Council may Designate or Amend Landmark Sites, Local Historic
District or Thematic Designations: Pursuant to the procedures in this
section and the standards for general amendments in 21A.50.050 the city
council may by ordinance apply the H Historic Preservation Overlay
District and:
a. Designate as a landmark site an individual building, structure or
feature or an integrated group of buildings, structures or features on a
single lot or site having exceptional importance to the city, state,
region or nation and impart high artistic, historic or cultural values. A
landmark site clearly conveys a sense of time and place and enables
the public to interpret the historic character of the site;
b. Designate as a local historic district a contiguous area with a minimum
district size of one (1) block face, as defined in 21A.62.040, containing
a number of sites, buildings, structures or features that contribute to
the historic preservation goals of Salt Lake City by protecting
historical, architectural, or aesthetic interest or value and constituting a
distinct section of the city;
c. Designate as a thematic designation a collection of sites, buildings,
structures, or features which are contained in two or more
geographically separate areas that are united together by historical,
architectural, or aesthetic characteristics and contribute to the historic
preservation goals of Salt Lake City by protecting historical,
architectural, or aesthetic interest or value; and
d. Amend designations to add or remove features or property to or from a
landmark site, local historic district or thematic designation.
3. Petition Initiation for Designation of a Landmark Site, Local Historic
District or Thematic Designation:
a. Petition Initiation for II Historic Preservation Overlay District—
Landmark Site: Any owner of property proposed for a landmark site,
the mayor or the city council, by majority vote, may initiate a petition
to consider the designation of a landmark site.
b. Petition Initiation for H Historic Preservation Overlay District— Local
Historic District or Thematic Designation: A property owner initiating
such a petition shall demonstrate support of fifteen percent (15%) or
more of the owners of lots or parcels within the proposed boundaries
of an area to be included in the H Historic Preservation Overlay
District. The mayor or the city council, by a majority vote, may
initiate a petition to consider designation of a local historic district or
thematic designation. No application fee will be required for a petition
initiated by a property owner.
(1) For purposes of this subsection, a lot or parcel of real property may
not be included in the calculation of the required percentage unless
the application is signed by owners representing a majority of
ownership interest in that lot or parcel.
(2) Each lot or parcel of real property may only be counted once
towards the fifteen percent (15%) minimum, regardless of the
number of owner signatures obtained for that lot or parcel.
(3) Signatures obtained to demonstrate support of fifteen percent
(15%) or more of the property owners within the boundary of the
proposed local historic district or thematic designation must be
gathered within a period of 180 days as counted between the date
of the first signature and the date of the last required signature.
4. Planning Director Report to the City Council: Following the initiation of a
petition to designate a landmark site or a local historic district or thematic
designation, the planning director shall submit a report based on the
following considerations to the city council:
a. Whether a current survey meeting the standards proscribed by the
State Historic Preservation Office is available for the landmark site or
the area proposed for a local historic district or thematic designation.
If a suitable survey is not available, the report shall propose a strategy
to gather the needed survey data.
b. The city administration will determine the priority of the petition and
determine whether there is sufficient funding and staff resources
available to allow the planning division to complete a community
outreach process, historic resource analysis and to provide ongoing
administration of the new landmark site, local historic district or
thematic designation if the designation is approved by the city council.
If sufficient funding is not available, the report shall include a
proposed a budget.
c. Whether the proposed designation is generally consistent with the
purposes, goals, objectives and policies of the city as stated through its
various adopted planning documents.
d. Whether the proposed designation would generally be in the public
interest.
e. Whether there is probable cause to believe that the proposed landmark
site, local historic district or thematic designation may be eligible for
designation consistent with the purposes and designation criteria in
section 21A.34.020.C.10 and the Zoning Map amendment criteria in
section 21A.50.050 Standards for General Amendments.
5. Community Outreach Process: Following the submission of the planning
director's report and acceptance of the report by the city council, the
planning division will conduct a community outreach process to inform
the owners of property within the proposed boundaries of the proposed
landmark site, local historic district or thematic designation about the
following:
a. The designation process, including determining the level of public
support, the public hearing process and final decision making process
by the city council: and
b. Zoning ordinance requirements affecting properties located within the
H Historic Preservation Overlay District, adopted design guidelines,
the design review process for alterations and new construction, the
demolition process and the economic hardship process.
6. Determination — Level of Public Support
a. Following the completion of the historic landmark commission and
planning commission public hearings, the planning division will
deliver a public support ballot to all property owners of record within
the boundary of the proposed local historic district or thematic
designation.
b. Property owners of record will have thirty (30) days from the postmark
date of the public support ballot to submit a response to the planning
division indicating the property owner's support or non-support of the
proposed designation.
c. A certified letter shall be mailed to all property owners within the
proposed local historic district or thematic designation whose public
support ballot has not been received by the planning division within
fifteen (15) days from the original postmark date. This follow-up
letter will encourage the property owners to submit a public support
ballot prior to the thirty (30) day deadline date set by the mailing of the
first public support ballot.
7. Notification of Public Support: Following the determination of the level
of support for the proposed designation, the planning division will send
notice of the results to all property owners within the proposed local
historic district or thematic designation.
8. Public Hearing Process
a. I Iistoric landmark commission consideration: Following the initiation
of a petition to designate a landmark site or a local historic district, the
historic landmark commission shall hold a public hearing and review
the request by applying the Standards for the Designation of a
Landmark Site. Local Historic District or Thematic Designation,
section 21A.34.020.C.10. Following the public hearing, the historic
landmark commission shall recommend approval, approval with
modifications or denial of the proposed designation and shall then
submit its recommendation to the planning commission and the city
council.
b. Planning commission consideration: Following action by the historic
landmark commission, the planning commission shall hold a public
hearing and shall recommend approval, approval with modifications or
denial of the proposed designation based on the standards of section
21 A.50.050, Zoning Map Amendments and shall then submit its
recommendation to the city council.
c. City council consideration: Following the transmittal of the historic
landmark commission and the planning commission recommendations
and the determination of public support process, the city council may
hold a public hearing to consider the designation of a landmark site,
local historic district or thematic designation.
(1 ) Designation of a landmark site: The city council may, by a
majority vote, designate a landmark site.
(2) Designation of a local historic district or thematic designation:
(a) If the number of ballots received in support exceed the number
of ballots received in opposition, the City Council may
designate a local historic district or a thematic district by a
simple majority vote.
(b) If the number of ballots received in support do not exceed the
number of ballots received in opposition, the City Council may
only designate a local historic district or a thematic district by a
super majority vote.
(3) Following city council designation of a landmark site, local
historic district or thematic designation, all of the property located
within the boundaries of the II Historic Preservation Overlay
District shall be subject to the provision of section 21A.34.020.
The zoning regulations will go into effect on the date of the
publication of the ordinance unless otherwise noted on the
adoption ordinance.
9. Notice of Designation: Within 30 days following the designation of a
landmark site, local historic district or thematic designation, the city shall
provide notice of the action to all owners of property within the
boundaries of the II Historic Preservation Overlay District. In addition, a
notice shall be recorded in the office of the county recorder against all lots
or parcels within the area added to the H Historic Preservation Overlay
District.
10. Standards for the Designation of a Landmark Site, Local I Iistoric District
or Thematic Designation: Each lot or parcel of property proposed as a
landmark site, for inclusion in a local historic district. or for thematic
designation shall be evaluated according to the following:
a. Significance in local, regional, state or national history, architecture,
engineering or culture, associated with at least one of the following:
(1) Events that have made significant contribution to the important
patterns of history, or
(2) Lives of persons significant in the history of the city, region, state,
or nation, or
(3) The distinctive characteristics of a type, period or method of
construction; or the work of a notable architect or master
craftsman; or
(4) Information important in the understanding of the prehistory or
history of Salt Lake City; and
b. Physical integrity in terms of location, design, setting, materials,
workmanship, feeling and association as defined by the National Park
Service for the National Register of Ilistoric Places;
c. The proposed local historic district or thematic designation is listed, or
is eligible to be listed on the National Register of Historic Places;
d. The proposed local historic district contains notable examples of
elements of the city's history, development patterns or architecture not
typically found in other local historic districts within Salt Lake City;
e. The designation is generally consistent with adopted planning policies;
and
f. The designation would be in the overall public interest.
11. Factors to Consider: The following factors may be considered by the
historic landmark commission and the city council to help determine
whether the proposed designation of a landmark site, local historic district
or thematic designation meets the criteria listed above:
a. Sites should be of such an age which would allow insight into whether
a property is sufficiently important in the overall history of the
community. Typically this is at least 50 years but could be less if the
property has exceptional importance.
b. Whether the proposed local historic district contains examples of
elements of the city's history, development patterns and/or architecture
that may not already be protected by other local historic districts
within the city.
c. Whether designation of the proposed local historic district would add
important knowledge that advances the understanding of the city's
history, development patterns and/or architecture.
d. Whether approximately seventy-five percent (75%) of the structures
within the proposed boundaries are rated as contributing structures by
the most recent applicable historic survey.
12. Boundaries of a Proposed Landmark Site: When applying the evaluation
criteria in section 21A.34.020.C.10, the boundaries of a landmark site
shall be drawn to ensure that historical associations, and/or those which
best enhance the integrity of the site comprise the boundaries.
13. Boundaries of a Proposed Local Historic District: When applying the
evaluation criteria in section 21A.34.020.C.10 of this section, the
boundaries shall be drawn to ensure the local historic district:
a. Contains a significant density of documented sites, buildings,
structures or features rated as contributing structures in a recent
historic survey:
b. Coincides with documented historic boundaries such as early
roadways, canals, subdivision plats or property lines;
c. Coincides with logical physical or manmade features and reflect
recognized neighborhood boundaries; and
d. Contains non-historic resources or vacant land only where necessary to
create appropriate boundaries to meet the criteria of section
21A.34.020.C.10 of this section.
14. Boundaries of a Proposed Thematic Designation: When applying the
evaluation criteria of this section, the boundaries shall be drawn to ensure
the thematic designation contains a collection of sites, buildings,
structures, or features that are united together by historical, architectural,
or aesthetic characteristics and contribute to the historic preservation goals
of Salt Lake City by protecting historical, architectural, or aesthetic
interest or value.
c) 21A.34.020.D of the Salt Lake City Code is amended to read as follows:
D. The Adjustment or Expansion of Boundaries of an H Historic Preservation
Overlay District and the Revocation of the Designation of Landmark Site:
1. Procedure: The procedure for the adjustment of boundaries of an H
historic preservation overlay district and the revocation of the designation
of a landmark site shall be the same as that outlined in section
21 A.34.020.C.
2. Criteria for Adjusting the Boundaries of an II Historic Preservation
Overlay District: Criteria for adjusting the boundaries of an H historic
preservation overlay district are as follows:
a. The properties have ceased to meet the criteria for inclusion within an
H historic preservation overlay district because the qualities which
caused them to be originally included have been lost or destroyed, or
such qualities were lost subsequent to the historic landmark
commission recommendation and adoption of the district;
b. Additional information indicates that the properties do not comply
with the criteria for selection of the H historic preservation overlay
district as outlined in section 21A.34.020.C.10: or
c. Additional information indicates that the inclusion of additional
properties would better convey the historical and architectural integrity
of the H historic preservation overlay district, provided they meet the
standards outlined in section 21 A.34.020.C.10.
3. Criteria for the Expansion of an existing landmark site, local historic
district or thematic designation: A proposed expansion of an existing
landmark site, local historic district or thematic designation shall be
considered utilizing the provisions of sections 21A.34.020.C10 thru 14.
4. Criteria for the Revocation of the Designation of a Landmark are as
follows:
a. The property has ceased to meet the criteria for designation as a
landmark site because the qualities that caused it to be originally
designated have been lost or destroyed or the structure has been
demolished: or
b. Additional information indicates that the landmark site does not
comply with the criteria for selection of a landmark site as outlined in
21A.34.020.C.10; or
c. Additional information indicates that the landmark site is not of
exceptional importance to the city, state, region or nation.
d) 21 A.34.020.L.1 of the Salt Lake City Code is amended to read as follows:
L. Standards for Certificate of Appropriateness for Demolition of a Contributing
Structure in an II Historic Preservation Overlay District: In considering an
application for a certificate of appropriateness for demolition of a contributing
structure, the historic landmark commission shall determine whether the
project substantially complies with the following standards:
1. Standards for Approval of a Certificate of Appropriateness for
Demolition:
a. The physical integrity of the site as defined in subsection
21 A.34.020.C.l 0.b is no longer evident;
b. The streetscape within the context of the H Historic Preservation
Overlay District would not be negatively affected;
c. The demolition would not adversely affect the H Historic Preservation
Overlay District due to the surrounding noncontributing structures;
d. The base zoning of the site is incompatible with reuse of the structure;
e. The reuse plan is consistent with the standards outlined in subsection
II of this section;
f. The site has not suffered from willful neglect, as evidenced by the
following:
(I) Willful or negligent acts by the owner that deteriorates the
structure,
(2) Failure to perform normal maintenance and repairs,
(3) Failure to diligently solicit and retain tenants, and
(4) Failure to secure and board the structure if vacant; and
g. The denial of a certificate of appropriateness for demolition would
cause an economic hardship as defined and determined pursuant to the
provisions of subsection K of this section.
SECTION 2. Effective Date. This ordinance shall become effective on the date of its
first publication.
Passed by the City Council of Salt Lake City, Utah, this 23rd day of October
2012.
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CIT)' RECORDER t\0 -Y'
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Transmitted to Mayor on November 13, 2012 .
Mayor's Action: )( Approved. _ Vetoed.
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CITY RECORDER APPROVED AS TO FORM
(SEAL) Salt Lake City Attorney's Office
Date:\ U, 1`I, 9._oI�._
Bill No. 72 of 2012. By:
P ul C.Nielson, nior City Aliorney
Published: November 20, 2012
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