073 of 2012 - Adopting 21A.35; pertaining to character conservation districts 0 12-1
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SALT LAKE CITY ORDINANCE
No. 73 of 2012
(An ordinance adopting chapter 21A.35 and amending section 21A.62.040 of the
Salt Lake City Code pertaining to character conservation districts)
An ordinance adopting chapter 21A.35 (Zoning: Character Conservation Districts) and
amending section 21A.62.040 (Zoning: Definitions: Definitions of Terms) of the Salt Lake City
Code pertaining to character conservation districts pursuant to Petition No. PLNPCM2011-00473 to
establish the framework for creating character conservation districts.
WHEREAS, the Salt Lake City' Planning Commission ("planning commission") held public
hearings on November 9, 2011 and November 30, 2011 to consider a request made by Salt Lake City
Mayor Ralph Becker (petition no. PLNPCM2011-00473) to adopt a new chapter 21A.35 (Zoning:
Character Conservation Districts) and amend section 21A.62.040 (Zoning: Definitions: Definitions
of Terms) of the Salt Lake City Code to create the regulatory framework of character conservation
districts, a zoning tool not previously utilized in Salt Lake City; and
WHEREAS, at its November 30, 2011 hearing, the planning commission voted in favor of
recommending to the City Council of Salt Lake City ("city council") that the city council adopt and
amend the sections of Title 21A of the Salt Lake City Code identified herein; 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. Adopting chapter 21A.35 of Salt Lake City Code. That Title 21Aof the Salt
Lake City Code (Zoning), shall be, and hereby is, amended to adopt chapter 21A.35 (Zoning:
Character Conservation Districts), which shall read as follows:
Chapter 21A.35
CCD - Character Conservation Districts
21A.35.010 Purpose.
The city recognizes the substantial aesthetic, environmental and economic importance of
its neighborhoods and commercial districts. The purpose of this chapter is to establish
policies, regulations and standards to protect neighborhood character and to ensure that
development in a character conservation district is compatible and enhances the quality
and character of Salt Lake City. The intent of this chapter is to promote the general
welfare of the public of the city through the protection, conservation, preservation,
enhancement, perpetuation and use of structures, site and areas that are characteristic to
each of the unique areas of Salt Lake City.
Specific purposes of character conservation districts for residential neighborhoods and
commercial districts are as follows:
1. 'I'o protect and strengthen desirable and unique physical features, design
characteristics, and recognized identity and charm.
2. To promote and provide for economic revitalization.
3. To protect and enhance the livability of the city.
4. To reduce conflict and prevent blighting caused by incompatible and insensitive
development and to promote new compatible development.
5. To stabilize property values.
6. To provide residents and property owners with a planning tool for future
development.
7. To promote and retain affordable housing.
8. To encourage and strengthen civic pride.
21A.35.020 Applicability.
The regulations set forth in this chapter shall apply to properties located within the
boundaries designated as a character conservation district on the Salt Lake City Zoning
Map. In the case of conflict between the character conservation district standards and
other requirements contained in other chapters of the zoning ordinance, the standards of
the character conservation district shall prevail.
21A.35.030 General Provisions.
1. Each character conservation district must be established by a separate character
conservation district ordinance. The city council shall approve a character
conservation district ordinance in accordance with this chapter.
2. If the planning director determines that, due to the sensitivity of the area, or due to the
nature of the proposed regulations for the area, a special administrative procedure
needs to be established for the review of proposed work in a character conservation
district, such a procedure may be incorporated into the character conservation district
ordinance before it is approved by the city council.
3. Administrative review of projects subject to adopted character conservation district
standards: Following administrative review of an application subject to the standards
of an adopted character conservation district, staff shall approve, conditionally
approve or refer the application to the historic landmark commission for
consideration.
21A.35.040 Request for a Feasibility Study.
1. An application for a character conservation district feasibility study may be filed with
the planning director on an application form furnished by the planning division. The
following are those who are authorized to submit an application:
a. The mayor;
b. A majority of the city council; or
c. Property owners with 15% support of the property owners within the proposed
district. A property owner or owners would have six months to collect signatures and
submit an application to the city. The six month time period begins when the first
signature is obtained. There is no fee for the application.
2. An application for a character conservation feasibility study prepared by the proposed
district area or their authorized agent must include the following:
a. A list of the names, site address and mailing address of all property owners in the
area of request.
b. A list of all neighborhood associations or other organizations representing the
interests of property owners in the area of request. This list should include
information as to the number of members and the officers' names, mailing
addresses, and phone numbers.
c. A statement of justification. This statement should:
(i) identify the factors which make the area of request eligible for character
conservation district classification as per the determination of eligibility in this
chapter; and
(ii) explain in detail how and why such a classification would be in the best
interest of the city as a whole.
d. A written description of the character defining features of the area as seen from
the public right-of-way. Character defining features may include, but are not
limited to, architecture or architectural features, mass and scale of buildings,
streetscape, building orientation, landscaping, types of signs, sidewalk
improvements, public art, or other items that contribute to the overall character of
the area. Photographs of the area to be considered as a character conservation
district should also be included for reference.
21A.35.050 Review of Feasibility Study and Initiation of an Application.
1. When a character conservation district feasibility study is initiated in accordance with
this chapter, the planning director shall determine the eligibility of the area for
character conservation district classification in accordance with this subsection.
2. The planning director's determination of eligibility must be based on a consideration
of the standards in this subsection. The boundaries or designated area for a character
conservation district shall satisfy all of the following criteria:
a. The area must contain at least one block face (as defined in this title) for all
character conservation districts proposed in residential zoning districts.
b. Commercial areas should contain one block face when feasible and must contain
all properties located at the intersecting corners of streets that are proposed to be
included in the character conservation district boundary.
c. The area must be either "stable" or'`stabilizing" as those terms are defined in this
title.
d. The area must contain significant character defining features as defined in this
title.
e. The area must have a distinctive atmosphere or character which can be identified
and conserved by protecting or enhancing its character defining features.
3. If the planning director upon the advice of the historic landmark commission
determines that the area is not eligible for character conservation district
classification, the planning director shall notify the applicant of this fact in writing.
Notice shall be mailed to the address shown on the application. The decision of the
planning director that an area is not eligible for character conservation district
classification may be appealed in accordance with chapter 21A.16.
4. An appeal under this chapter is made in accordance with chapter 21A.16. The request
must be filed within 10 days of the date written notice is given to the applicant of the
planning director's decision. In considering the appeal, the sole issue shall be
whether or not the planning director erred in their determination of eligibility, and, in
this connection, the commission shall consider the same standards that were required
to be considered by the planning director in making their determination.
5. If it is determined by the final appeal authority that the area is not eligible for
character conservation district classification, no further applications for character
conservation district classification may be considered for the area of request for one
year from the date of its decision.
6. If the planning director determines that the area is eligible for character conservation
district classification, the planning director shall prepare a statement of the estimated
financial cost to prepare the district plan and design standards.
7. After the planning director determines that an area is eligible for character
conservation district classification, notice of the pending request will be sent to all
those affected by the proposed character conservation district in accordance with the
requirements for mailing notice of a proposed zoning map amendment as outlined in
chapter 21 A.10.
a. Within 30 days of the postmark of the notice, each property owner will have an
option to notify the planning division in writing if the property owner or owners
object or wish to opt out as part of the proposed character conservation district.
b. In the event that a simple majority of the property owners choose to opt-out of the
proposed character conservation district area, then the proposed request shall not
move forward and a subsequent request cannot be considered for one year.
c. For the purposes of this subsection, one vote will be counted for each property.
8. The estimated financial cost and the results of the notification as outlined above shall
be presented to the city council member whose district encompasses the proposed
character conservation district. A petition for a zoning map amendment shall be
initiated with no fee subject to the following:
a. A funding source for the preparation of the plan and design standards is
identified; and
b. A majority of the city council supports the application.
9. If the petition is approved by a majority of the city council, then the planning director
shall notify all owners of property within the boundaries of the character conservation
district that the petitions for the character conservation district has been initiated.
21A.35.060 District Plan and Design Standards Formulation and Review.
1. If the area is determined to be eligible for character conservation district classification
pursuant to this chapter, the planning director shall schedule a public meeting for the
purpose of informing property owners in the proposed district of the nature of the
pending request. The planning director shall send mailed notice of the time and place
of the meeting in accordance with chapter 21 A.10 of this title.
2. The planning division shall prepare a draft district plan and design standards for the
proposed district based on the information and character defining features found in
the feasibility study with input from owners and residents of the proposed character
conservation district.
3. The draft district plan and design standards must include at a minimum (or note the
inapplicability), the following elements governing the physical characteristics and
features of all property (public or private) within the proposed character conservation
district:
a. Building height and number of stories.
b. Building size and massing.
c. Lot size and lot coverage.
d. Front and side yard setbacks.
e. Roof line and pitch.
f. Parking and hardscape covering.
4. In addition, the draft district plan and design standards may include, but are not
limited to, the following elements:
a. Building orientation
b. General site planning (primary or accessory structures).
c. Density.
d. Demolition.
e. Floor area ratio.
f. Signage.
g. Garage (residential or commercial) entrance location.
h. Entrance and street lighting.
i. Driveway, curbs, curb cuts and sidewalks.
j. Utility boxes and trash receptacles.
k. Street furniture.
1. Building relocation.
m. Right-of-way designs that exceed current city standards.
5. Once the draft plan and design standards are developed, a public hearing before the
planning commission will be scheduled to receive public comment regarding the plan.
The planning director shall send written notice of the public hearing in accordance
with chapter 21A.10.
21A.35.070 Character Conservation District Plan and Design Standards Ordinance
Review.
1. A staff report evaluating the application for establishment of the character
conservation district shall be prepared by the planning division.
2. The historic landmark commission shall schedule a hold a public hearing on the
application in accordance with the standards and procedures for conduct of the public
hearing set forth in chapter 21A.10 of this title.
3. The planning commission shall schedule and hold a public hearing on the application
in accordance with the standards and procedures for conduct of the public hearing set
forth in chapter 21A.10 of this title.
4. Following the public hearing, the planning commission shall recommend approval or
denial of the proposed amendment or the approval of some modification of the
amendment and shall then submit its recommendation to the city council.
5. Prior to the city council public hearing, support for the character conservation district
shall be measured by the following process:
a. A vote of all affected property owners shall be taken following the public
hearings with the historic landmark commission and planning commission.
b. The planning division shall send ballots to each property owner within the
boundaries of the character conservation district requesting that each property
indicate whether or not they support the designation of the proposed character
conservation district.
c. To ensure all property owners receive notice, the planning division shall follow-
up with a written certified mailing for properties who have not responded to the
original 30-day notice.
d. There shall be one vote per property and the results of the vote shall be based on
the number of votes received.
6. The city council shall schedule and hold a public hearing to consider the proposed
amendment in accordance with the standards and procedures for conduct of the public
hearing set forth in chapter 21A.10 of this title.
7. At the public hearing, the city council may adopt the proposed creation of a character
conservation district, adopt the proposed character conservation district with
modifications, or deny the proposed character conservation district. However, no
additional land may be added to the boundaries of the character conservation district,
without new notice and hearing.
8. Designation of the character conservation district:
a. If the number of ballots received in support exceed the number of ballots in
opposition, the City Council may designate a character conservation district by
simply majority vote.
b. If the number of ballots received in support do not exceed the number of ballots in
opposition. the City council may only designate a character conservation district
by a super majority vote.
9. Amendments to the character conservation district boundaries or standards shall be
processed in the same manner as a new application according to the process in the
chapter.
21A.35.080 Character Conservation District Standards.
A decision to create a character conservation district is a matter committed to the
legislative discretion of the city council and is not controlled by any one standard.
A. In making its decision concerned creation of a character conservation district, the city
council should consider the following factors:
1. The proposed character conservation district is an established area with shared
distinguishing characteristics, which may include architecture, geography,
development, services, and interests.
2. The proposed character conservation district is a logical neighborhood unit with a
closely settled development pattern on similar sized parcels.
21A.35.090 Adjustment or Repeal of a Character Conservation District.
The procedure to repeal or adjust the boundaries of a character conservation district shall
be the same as that outlined for the designation of a character conservation district.
SECTION 2. Amending section 21A.62.040 of Salt Lake City Code. That section
21 A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms), shall be, and
hereby is, amended to add the definitions of"BLOCK", "CHARACTER DEFINING
FEATURES", "CHARACTER CONSERVATION DISTRICT FEASIBILITY STUDY",
"CONSENSUS", "DISTRICT PLAN AND DESIGN STANDARDS". "STABLE",
"STABILIZING", and "STREETSCAPE". The codifier is instructed to amend section
21A.62.040 only to the extent of adding these definitions, which definitions shall be inserted
into that section in alphabetical order and which definitions shall individually read as follows:
"BLOCK" means an area or bounded by a public alley or street on all sides.
"CHARACTER DEFINING FEATURES" may include, but are not limited to,
architecture or architectural features, mass and scale of buildings, streetscape, building
orientation, landscaping or other items that contribute to the overall character of the area.
"CHARACTER CONSERVATION DISTRICT FEASIBILITY STUDY" means a study
conducted by the proposed district area or their authorized agent to determine whether or
not a particular area of the city is eligible for character conservation district classification.
The study is typically a summary report or white paper developed for the proposed
character conservation district and there is no specific format.
"CONSENSUS" means general agreement characterized by the absence of sustained and
substantial opposition to issues by the concerned interests and by a process that involves
seeking to take into account the views of all parties concerned and to reconcile any
conflicting arguments. Consensus does not imply unanimity.
"DISTRICT PLAN AND DESIGN STANDARDS" means proposed design standards
and provide for review of site plans in character conservation districts, to ensure that the
character and distinctive features of these districts are maintained and reinforced by new
construction.
"STABLE" means that the area is expected to remain substantially the same with
continued maintenance of the property. While some changes in structures, land uses, and
densities may occur, all such changes are expected to be compatible with surrounding
development and in accordance with the adopted master plan policies and adopted zoning
regulations. Other items that can determine the stability of an area include, but are not
limited to the following: property values, number of demolition or building permits
issued.
"STABILIZING" means that the area is expected to become stable through continued
reinvestment, maintenance, or remodeling.
"STREETSCAPE" means all public rights-of-way, all front yards to the plane of the front
of the house, and on corner lots, all side yards to the plane of the side of the house.
SECTION 3. 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. ^-
HAIRPERSON
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Transmitted to Mayor on November 13, 2012
Mayor's Action: X Approved. Vetoed.
MAYOR
CITY RECORDER
(SEAL) APPROVED AS TO FORM
Salt Lake City Attorney's Office
Date CS �
Bill No. 73 of 2012. By:
Published: November 20, 2012 P( e4LL
.Nielsonior City Anorney
H13 ATTY-N21131-v6-Ordinance character conservation districts.DOC