074 of 2012 - Amending Title 21A; providing clarity & efficiency relating to the Historic Preservation Overlay zon 0 12-1
0 12-10
SALT LAKE CITY ORDINANCE
No. 74 of 2012
(An ordinance amending certain land use provisions of
"Title 21A (Zoning) of the Salt Lake City Code)
An ordinance amending certain sections of Title 21A (Zoning) of the Salt Lake City Code
pursuant to Petition No. PLNPCM20 1 1-00470 to provide additional clarity and efficiency in land
use regulation concerning historic preservation.
WHEREAS, the Salt Lake City Historic Landmark Commission ('`IIistoric Landmark
Commission") held public hearings on October 6, 2011 and November 3, 2011 to consider a
request made by Salt Lake City Mayor Ralph Becker (Petition No. PLNPCM2011-00470) to
amend the text of certain sections of Title 21A (Zoning) of the Salt Lake City Code to provide
further clarity and efficiency in land use regulation pertaining to historic preservation; and
WHEREAS, the Salt Lake City Planning Commission ('`Planning Commission") held a
public hearing on October 26, 2011 to consider that petition; and
WHEREAS, at its November 3, 2011 hearing, the Historic Landmark Commission voted
to make certain recommendations to the Planning Commission on this petition; and
WHEREAS, at its October 26, 2011 hearing, the Planning Commission voted in favor of
recommending to the City Council of Salt bake City ("City Council") that the City Council
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. Amending text of Stilt Lake City Code section 21A.06.050. That section
21A.06.050 of the Salt Lake City Code (Zoning: Decision Making Bodies and Officials: Historic
Landmark Commission), shall be, and hereby is, amended to read as follows:
21A.06.050: HISTORIC LANDMARK COMMISSION:
A. Creation: The historic landmark commission is created pursuant to the enabling
authority granted by the historic district act, section 11-18-1 et seq., of the Utah Code
Annotated, 1953.
B. Jurisdiction and Authority: the historic landmark commission shall:
1. Review and approve or deny an application for a certificate of appropriateness
pursuant to the provisions of chapter 21A.34 of this title;
2. Participate in public education programs to increase public awareness of the value
of historic, architectural and cultural preservation;
3. Review and approve or deny applications for the demolition of structures in the H
historic preservation overlay district pursuant to chapter 21A.34 of this title;
4. Recommend to the planning commission the boundaries for the establishment of
an II historic preservation overlay district and landmark sites;
5. Make recommendations when requested by the planning commission, the hearing
officer or the city council, as appropriate, on applications for zoning amendments
and conditional uses involving H historic preservation overlay districts and
landmark sites;
6. Review and approve or deny certain special exceptions for properties located
within an H historic preservation overlay district. The certain special exceptions
are listed as follows:
a. Building wall height;
b. Accessory structure wall height;
c. Accessory structure square footage;
d. Fence height;
e. Overall building and accessory structure height;
f. Signs pursuant to 21A.46.070;_and
g. Any modification to bulk and lot regulations of the underlying zoning district
where it is found that the underlying zoning would not be compatible with the
historic district and/or landmark site.
7. Make recommendations to the planning commission in connection with the
preparation of the general plan of the city; and
8. Make recommendations to the city council on policies and ordinances that may
encourage preservation of buildings and related structures of historical and
architectural significance.
C. Membership: The historic landmark commission shall consist of not less than seven
(7) nor more than eleven (11) voting members appointed by the mayor, with the
advice and consent of the city council in a manner providing balanced geographic,
professional, neighborhood and community interests representation. Voting members
of the commission may serve a maximum of two (2) consecutive full terms of four (4)
years each. The mayor shall appoint a new commission member to fill any vacancy
that might arise and such appointment shall not be included in the determination of
any person's eligibility to serve two (2) consecutive full terms.
D. Qualifications of Members: Each voting member shall be a resident of the city
interested in preservation and knowledgeable about the heritage of the city. Members
shall be selected so as to ideally provide representation from the following groups of
experts and interested parties whenever a qualified candidate exists:
1. At least two architects, and
2. Citizens at large possessing preservation-related experience in archeology,
architecture, architectural history, construction, history, folk-studies, law, public
history, real estate, real estate appraisal, or urban planning.
F. Officers: The historic landmark commission shall annually elect a chair and a vice
chair who shall serve for a term of one year each. The chair or vice chair may be
elected to serve consecutive terms in the same office. The secretary of the historic
landmark commission shall be designated by the planning director.
F. Meetings: 1'he historic landmark commission shall meet at least once per month or as
needed.
G. Record of Proceedings: The proceedings of each meeting and public hearing shall be
recorded on audio equipment. Records of confidential executive sessions shall be kept
in compliance with the Utah State Government Records Access and Management Act
(GRAMA). The historic landmark commission shall keep written minutes of its
proceedings and records of all of its examinations and official actions.
11. Quorum and Vote: No business shall be conducted at a meeting of the historic
landmark commission without a quorum. A majority of the voting members of the
historic landmark commission constitutes a quorum. All actions of the historic
landmark commission shall be represented by a vote of the membership. A simple
majority of the voting members present at a meeting at which a quorum is present
shall be required for any action taken. The decision of the historic landmark
commission shall become effective upon the posting of the record of decision.
I. Public Hearings: The historic landmark commission shall schedule and give public
notice of all public hearings pursuant to the provisions of chapter 21A.10 of this title.
J. Removal of a Member: Any member of the historic landmark commission may be
removed by the mayor for violation of this title or any policies and procedures
adopted by the historic landmark commission following receipt by the mayor of a
written complaint filed against the member.
K. Policies and Procedures: The historic landmark commission shall adopt policies and
procedures for the conduct of its meetings, the processing of applications and for any
other purposes considered necessary for its proper functioning.
SECTION 2. Amending text of Salt Luke City Code section 21A.06.050. That section
21A.34.020 of the Salt Luke City Code (Zoning: Overlay Districts: H Historic Preservation
Overlay District), shall be, and hereby is, amended to read as follows:
21A.34.020: H HISTORIC PRESERVATION OVERLAY DISTRICT:
A. Purpose Statement: In order to contribute to the welfare, prosperity and education of
the people of Salt Lake City, the purpose of the H historic preservation overlay
district is to:
I. Provide the means to protect and preserve areas of the city and individual
structures and sites having historic, architectural or cultural significance;
2. Encourage new development, redevelopment and the subdivision of lots in
historic districts that is compatible with the character of existing development of
historic districts or individual landmarks;
3. Abate the destruction and demolition of historic structures;
4. Implement adopted plans of the city related to historic preservation;
5. Foster civic pride in the history of Salt Lake City;
6. Protect and enhance the attraction of the city's historic landmarks and districts for
tourists and visitors;
7. Foster economic development consistent with historic preservation; and
8. Encourage social, economic and environmental sustainability.
B. Definitions:
1. Local Historic District: A geographically or thematically definable area within the
II I Iistoric 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 II
Historic Preservation Overlay District that does not meet the criteria listed in
subsection 21A.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
21A.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: 'l'he 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 II 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
Ilistoric 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.
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 21 A.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 H 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 II 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
21 A.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. Historic 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 21A.50.050, Zoning
Map Amendments and shall then submit its recommendation to the city
council.
c. Cit) 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 H 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 II
Historic Preservation Overlay District.
10. Standards for the Designation of a Landmark Site, Local Historic 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 Historic 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.
h. 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 I Iistoric 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.
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 21A.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 11
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 II historic preservation overlay district as outlined
in section 21 A.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 21A.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 2l A.34.020.0 10 thru 14.
4. Criteria for the Revocation of the Designation of a Landmark Site 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 21 A.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.
E. C'ertificate of Appropriateness Required: After the establishment of an H historic
preservation overlay district, or the designation of a landmark site, no alteration in the
exterior appearance of a structure, site, object or work of art affecting the landmark
site or a property within the H historic preservation overlay district shall be made or
permitted to be made unless or until the application for a certificate of
appropriateness has been submitted to, and approved by, the historic landmark
commission, or administratively by the planning director, as applicable, pursuant to
subsection F of this section. Certificates of appropriateness shall be required for:
1. Any construction needing a building permit;
2. Removal and replacement or alteration of architectural detailing, such as porch
columns, railing, window moldings, cornices and siding;
3. Relocation of a structure or object on the same site or to another site;
4. Construction of additions or decks;
5. Alteration or construction of accessory structures, such as garages, etc.;
6. Alterations to windows and doors, including replacement or changes in
fenestration patterns;
7. Construction or alteration of porches;
8. Masonry work including, but not limited to, tuckpointing, sandblasting and
chemical cleaning;
9. The construction or alterations of site features including, but not limited to,
fencing. walls, paving and grading;
10. Installation or alteration of any exterior sign;
11. Any demolition;
12. New construction; and
13. Installation of an awning over a window or door.
F. Procedure for Issuance of Certificate of Appropriateness:
1. Administrative Decision: Certain types of construction or demolition may be
approved administratively subject to the following procedures:
a. The following may be approved by administrative decision:
(1 ) Minor alteration of or addition to a landmark site or contributing site
and/or structure;
(2) Substantial alteration of or addition to a noncontributing site;
(3) Partial demolition of either a landmark site or a contributing structure;
(4) Demolition of an accessory structure:
(5) Demolition of a noncontributing structure; and
(6) Installation of solar energy collection systems that are not readily visible
from a public right of way, as described in and pursuant to chapter 21A.40
of this title.
b. Submission of Application: An application for a certificate of appropriateness
shall be made on a form prepared by the planning director or designee, and
shall be submitted to the planning division. The planning director shall make a
determination of completeness pursuant to chapter 21 A.10 of this title, and
shall forward the application for review and decision.
c. Materials submitted with application: The application shall include
photographs, construction drawings, and other documentation such as an
architectural or massing model, window frame sections and samples deemed
necessary to consider the application properly and completely.
d. Notice for Application for Demolition of a Noncontributing Structure: An
application for demolition of a noncontributing structure shall require notice
for determination of noncontributing sites pursuant to chapter 21A.10 of this
title.
e. Standards for Approval: The application shall be reviewed according to the
standards set forth in subsections G and H of this section, whichever is
applicable.
f. Review and Decision by the Planning Director: On the basis of written
findings of fact, the planning director or the planning director's designee shall
either approve or conditionally approve the certificate of appropriateness
based on the standards in subsections G and II of this section, whichever is
applicable, within thirty (30) days following receipt of a completed
application. The decision of the planning director shall become effective at the
time the decision is made.
g. Referral of Application by Planning Director to Historic Landmark
Commission: The planning director may refer any application to the historic
landmark commission due to the complexity of the application, the
significance of change to the landmark site or contributing structure in the H
historic preservation overlay district, or the need for consultation for expertise
regarding architectural, construction or preservation issues.
2. Historic Landmark Commission: Certain types of construction, demolition and
relocation shall only be allowed to be approved by the historic landmark
commission subject to the following procedures:
a. The following shall be reviewed by the historic landmark commission:
(1) Substantial alteration or addition to a landmark site or contributing
structure/site;
(2) New construction of principal building in H historic preservation overlay
district;
(3) Relocation of landmark site or contributing site;
(4) Demolition of landmark site or contributing site;
(5) Applications for administrative approval referred by the planning director;
(6) Installation of solar energy collection systems that may be readily visible
from a public right of way, as described in and pursuant to chapter 21A.40
of this title: and
b. Submission of Application: The procedure for an application for a certificate
of appropriateness shall be the same as specified in subsection F1 b of this
section.
c. Materials Submitted with Application: The requirements for the materials to
be submitted upon application for a certificate of appropriateness shall be the
same as specified in subsection Flc of this section. Applications for a
certificate of appropriateness for demolition shall also submit a reuse plan for
the property.
d. Notice: Applications for a certificate of appropriateness shall require notice
pursuant to chapter 21A.10 of this title.
e. Public Hearing: Applications for a certificate of appropriateness shall require
a public hearing pursuant to chapter 21A.10 of this title.
f. Standards for Approval: The application shall be reviewed according to the
standards set forth in subsections G through L of this section, whichever are
applicable.
g. Review and Decision by The Historic Landmark Commission: The historic
landmark commission shall make a decision at a regularly scheduled meeting,
within sixty (60) days following receipt of a completed application, except
that a review and decision on an application for a certificate of
appropriateness for demolition of a landmark site or contributing structure
declaring an economic hardship shall be made within one hundred twenty
(120) days following receipt of a completed application.
(I) After reviewing all materials submitted for the case, the recommendation
of the planning division and conducting a field inspection, if necessary,
the historic landmark commission shall make written findings of fact
based on the standards of approval as outlined in this subsection F through
subsection L of this section. whichever are applicable.
(2) On the basis of its written findings of fact the historic landmark
commission shall either approve, deny or conditionally approve the
certificate of appropriateness. A decision on an application for a certificate
of appropriateness for demolition of a contributing structure may be
deferred for up to one year pursuant to subsections L and M of this
section.
(3) The decision of the historic landmark commission shall become effective
at the time the decision is made. Demolition permits for landmark sites or
contributing structures shall not be issued until the appeal period has
expired.
(4) Written notice of the decision of the historic landmark commission on the
application, including a copy of the findings of fact, shall be sent by first
class mail to the applicant within ten (10) working days following the
historic landmark commission's decision.
h. Appeal of Historic Landmark Commission Decision to Appeals Hearing
Officer: The applicant, any owner of abutting property or of property located
within the same H historic preservation overlay district, any recognized or
registered organization pursuant to title 2, chapter 2.62 of this code, the Utah
State Historical Society or the Utah Heritage Foundation, aggrieved by the
historic landmark commission's decision, may object to the decision by filing
a written appeal with the appeals hearing officer within ten (10) calendar days
following the date on which a record of decision is issued. The filing of the
appeal shall stay the decision of the historic landmark commission pending
the outcome of the appeal, except that the filing of the appeal shall not stay the
decision of the historic landmark commission if such decision defers a
demolition request for up to one year pursuant to the provisions of subsections
L and M of this section.
i. Review by City Attorney: Following the filing of an appeal to the appeals
hearing officer of a decision of the historic landmark commission to deny or
defer a certificate of appropriateness for demolition, the planning director
shall secure an opinion of the city attorney evaluating whether the denial or
deferral of a decision of the demolition would result in an unconstitutional
taking of property without just compensation under the Utah and United
States constitutions or othervvise violate any applicable constitutional
provision, law, ordinance or regulation.
j. Appeal of Appeals Hearing Officer Decision to District Court: Any party
aggrieved by the decision of the appeals hearing officer may file a petition for
review with the district court within thirty (30) days following the decision of
the appeals hearing officer. The filing of an appeal of the appeals hearing
officer decision shall stay the decision of the appeals hearing officer pending
the outcome of the appeal, except that the filing of the appeal shall not stay the
decision of the appeals hearing officer if such decision defers a demolition
request for up to one year pursuant to the provisions of subsections L and M
of this section.
G. Standards for Certificate of Appropriateness for Alteration of a Landmark Site or
Contributing Structure including new construction of an accessory structure: In
considering an application for a certificate of appropriateness for alteration of a
landmark site or contributing structure, the historic landmark commission, or the
planning director, for administrative decisions, shall find that the project substantially
complies with all of the following general standards that pertain to the application and
that the decision is in the best interest of the city:
1. A property shall be used for its historic purpose or be used for a purpose that
requires minimal change to the defining characteristics of the building and its site
and environment;
2. The historic character of a property shall be retained and preserved. The removal
of historic materials or alteration of features and spaces that characterize a
property shall be avoided;
3. All sites, structures and objects shall be recognized as products of their own time.
Alterations that have no historical basis and which seek to create a false sense of
history or architecture are not allowed;
4. Alterations or additions that have acquired historic significance in their own right
shall be retained and preserved;
5. Distinctive features, finishes and construction techniques or examples of
craftsmanship that characterize a historic property shall be preserved;
6. Deteriorated architectural features shall be repaired rather than replaced wherever
feasible. In the event replacement is necessary, the new material should match the
material being replaced in composition, design, texture and other visual qualities.
Repair or replacement of missing architectural features should be based on
accurate duplications of features, substantiated by historic, physical or pictorial
evidence rather than on conjectural designs or the availability of different
architectural elements from other structures or objects;
7. Chemical or physical treatments, such as sandblasting, that cause damage to
historic materials shall not be used. The surface cleaning of structures, if
appropriate. shall be undertaken using the gentlest means possible;
8. Contemporary design for alterations and additions to existing properties shall not
be discouraged when such alterations and additions do not destroy significant
cultural, historical, architectural or archaeological material, and such design is
compatible with the size, scale, color, material and character of the property,
neighborhood or environment:
9. Additions or alterations to structures and objects shall be done in such a manner
that if such additions or alterations were to be removed in the future, the essential
form and integrity of the structure would be unimpaired. The new work shall be
differentiated from the old and shall be compatible in massing, size, scale and
architectural features to protect the historic integrity of the property and its
environment;
10. Certain building materials are prohibited including the following:
a. Aluminum, asbestos, or vinyl cladding when applied directly to an original or
historic material.
11. Any new sign and any change in the appearance of any existing sign located on a
landmark site or within the II historic preservation overlay district, which is
visible from any public way or open space shall be consistent with the historic
character of the landmark site or H historic preservation overlay district and shall
comply with the standards outlined in chapter 21A.46 of this title;
II. Standards for Certificate of Appropriateness Involving New Construction or
Alteration of a Noncontributing Structure: In considering an application for a
certificate of appropriateness involving new construction, or alterations of
noncontributing structures, the historic landmark commission, or planning director
when the application involves the alteration of a noncontributing structure, shall
determine whether the project substantially complies with all of the following
standards that pertain to the application, is visually compatible with surrounding
structures and streetscape and is in the best interest of the city:
1. Scale and Form:
a. Height and Width: The proposed height and width shall be visually
compatible with surrounding structures and streetscape;
b. Proportion of Principal Facades: The relationship of the width to the height of
the principal elevations shall be in scale with surrounding structures and
streetscape;
c. Roof Shape: The roof shape of a structure shall be visually compatible with
the surrounding structures and streetscape: and
d. Scale of a Structure: The size and mass of the structures shall be visually
compatible with the size and mass of surrounding structure and streetscape.
2. Composition of Principal Facades:
a. Proportion of Openings: The relationship of the width to the height of
windows and doors of the structure shall be visually compatible with
surrounding structures and streetscape;
b. Rhythm of Solids to Voids in Facades: The relationship of solids to voids in
the facade of the structure shall be visually compatible with surrounding
structures and streetscape;
c. Rhythm of Entrance Porch and other Projections: The relationship of
entrances and other projections to sidewalks shall be visually compatible with
surrounding structures and streetscape; and
d. Relationship of Materials: The relationship of the color and texture of
materials (other than paint color) of the facade shall be visually compatible
with the predominant materials used in surrounding structures and streetscape.
3. Relationship to Street:
a. Walls of Continuity: Facades and site structures, such as walls, fences and
landscape masses, shall, when it is characteristic of the area, form continuity
along a street to ensure visual compatibility with the structures, public ways
and places to which such elements are visually related;
b. Rhythm of Spacing and Structures on Streets: The relationship of a structure
or object to the open space between it and adjoining structures or objects shall
be visually compatible with the structures, objects, public ways and places to
which it is visually related;
c. Directional Expression of Principal Elevation: A structure shall be visually
compatible with the structures, public ways and places to which it is visually
related in its orientation toward the street; and
d. Streetscape; Pedestrian Improvements: Streetscape and pedestrian
improvements and any change in its appearance shall be compatible to the
historic character of the landmark site or H historic preservation overlay
district.
4. Subdivision of Lots: The planning director shall review subdivision plats
proposed for property within an H historic preservation overlay district or of a
landmark site and may require changes to ensure the proposed subdivision will be
compatible with the historic character of the district and/or site(s).
I. Standards for Certificate of Appropriateness for Relocation of Landmark Site or
Contributing Structure: In considering an application for a certificate of
appropriateness for relocation of a landmark site or a contributing structure, the
historic landmark commission shall find that the project substantially complies with
the following standards:
1. The proposed relocation will abate demolition of the structure;
2. The proposed relocation will not diminish the overall physical integrity of the
district or diminish the historical associations used to define the boundaries of the
district;
3. The proposed relocation will not diminish the historical or architectural
significance of the structure;
4. The proposed relocation will not have a detrimental effect on the structural
soundness of the building or structure;
5. A professional building mover will move the building and protect it while being
stored; and
6. A financial guarantee to ensure the rehabilitation of the structure once the
relocation has occurred is provided to the city. The financial guarantee shall be in
a form approved by the city attorney, in an amount determined by the planning
director sufficient to cover the estimated cost to rehabilitate the structure as
approved by the historic landmark commission and restore the grade and
landscape the property from which the structure was removed in the event the
land is to be left vacant once the relocation of the structure occurs.
J. Standards for Certificate of Appropriateness for Demolition of Landmark Site: In
considering an application for a certificate of appropriateness for demolition of a
landmark site, the historic landmark commission shall only approve the application
upon finding that the project fully complies with one of the following standards:
1. The demolition is required to alleviate a threat to public health and safety
pursuant to subsection Q of this section; or
2. The demolition is required to rectify a condition of economic hardship, as defined
and determined pursuant to the provisions of subsection K of this section.
K. Definition and Determination of Economic Hardship: The determination of economic
hardship shall require the applicant to provide evidence sufficient to demonstrate that
the application of the standards and regulations of this section deprives the applicant
of all reasonable economic use or return on the subject property.
1. Application for Determination of Economic Hardship: An application for a
determination of economic hardship shall be made on a form prepared by the
planning director and shall be submitted to the planning division. The application
must include photographs, information pertaining to the historic significance of
the landmark site and all information necessary to make findings on the
standards for determination of economic hardship.
2. Standards for Determination of Economic Hardship: The historic landmark
commission shall apply the following standards and make findings concerning
economic hardship:
a. The applicant's knowledge of the landmark designation at the time of
acquisition, or whether the property was designated subsequent to acquisition;
b. "I'he current level of economic return on the property as considered in relation
to the following:
(1 ) The amount paid for the property, the date of purchase, and party from
whom purchased, including a description of the relationship, if any,
between the owner of record or applicant, and the person from whom the
property was purchased,
(2) The annual gross and net income, if any, from the property for the
previous three (3) years: itemized operating and maintenance expenses for
the previous three (3) years; and depreciation deduction and annual cash
flow before and after debt service, if any, for the previous three (3) years,
(3) Remaining balance on any mortgage or other financing secured by the
property and annual debt service, if any, during the previous three (3)
years,
(4) Real estate taxes for the previous four (4) years and assessed value of the
property according to the two (2) most recent assessed valuations by the
Salt Lake County assessor,
(5) All appraisals obtained within the previous two (2) years by the owner or
applicant in connection with the purchase, financing or ownership of the
property,
(6) The fair market value of the property immediately prior to its designation
as a landmark site and the fair market value of the property as a landmark
site at the time the application is filed,
(7) Form of ownership or operation of the property, i.e., sole proprietorship,
for profit corporation or not for profit corporation, limited partnership,
joint venture, etc., and
(8) Any state or federal income tax returns on or relating to the property for
the previous two (2) years;
c. The marketability of the property for sale or lease, considered in relation to
any listing of the property for sale or lease, and price asked and offers
received, if any, within the previous two (2) years. This determination can
include testimony and relevant documents regarding:
(1) Any real estate broker or firm engaged to sell or lease the property,
(2) Reasonableness of the price or rent sought by the applicant, and
(3) Any advertisements placed for the sale or rent of the property;
d. The infeasibility of alternative uses that can earn a reasonable economic return
for the property as considered in relation to the following:
(I ) A report from a licensed engineer or architect with experience in
rehabilitation as to the structural soundness of any structures on the
property and their suitability for rehabilitation,
(2) Estimate of the cost of the proposed construction, alteration, demolition or
removal, and an estimate of any additional cost that would be incurred to
comply with the decision of the historic landmark commission concerning
the appropriateness of proposed alterations,
(3) Estimated market value of the property in the current condition after
completion of the demolition and proposed new construction; and after
renovation of the existing property for continued use. and
(4) The testimony of an architect, developer, real estate consultant, appraiser,
or other professional experienced in rehabilitation as to the economic
feasibility of rehabilitation or reuse of the existing structure on the
property;
e. Economic incentives and/or funding available to the applicant through federal,
state, city, or private programs.
3. Procedure for Determination of Economic Hardship: The historic landmark
commission shall establish a three (3) person economic review panel. This panel
shall be comprised of three (3) real estate and redevelopment experts
knowledgeable in real estate economics in general, and more specifically, in the
economics of renovation, redevelopment and other aspects of rehabilitation. The
panel shall consist of one person selected by the historic landmark commission,
one person selected by the applicant, and one person selected by the first two (2)
appointees. If the first two (2) appointees cannot agree on a third person within
thirty (30) days of the date of the initial public hearing, the third appointee shall
be selected by the mayor within five (5) days after the expiration of the thirty (30)
day period.
a. Review of Evidence: All of the evidence and documentation presented to the
historic landmark commission shall be made available to and reviewed by the
economic review panel. The economic review panel shall convene a meeting
complying with the open meetings act to review the evidence of economic
hardship in relation to the standards set forth in subsection K2 of this section.
The economic review panel may, at its discretion, convene a public hearing to
receive testimony by any interested party; provided, that notice for such public
hearing shall be in accordance with chapter 21A.10.
b. Report of Economic Review Panel: Within forty five (45) days after the
economic review panel is established, the panel shall complete an evaluation
of economic hardship, applying the standards set forth in subsection K2 of this
section and shall forward a written report with its findings of fact and
conclusions to the historic landmark commission.
c. Historic Landmark Commission Determination of Economic Hardship: At the
next regular historic landmark commission meeting following receipt of the
report of the economic review panel, the historic landmark commission shall
reconvene its public hearing to take final action on the application.
(1) Finding of Economic Hardship: If after reviewing all of the evidence, the
historic landmark commission finds that the application of the standards
set forth in subsection K2 of this section results in economic hardship,
then the historic landmark commission shall issue a certificate of
appropriateness for demolition.
(2) Denial of Economic Hardship: If the historic landmark commission finds
that the application of the standards set forth in subsection K2 of this
section does not result in economic hardship then the certificate of
appropriateness for demolition shall be denied.
(3) Consistency with The Economic Review Panel Report: The historic
landmark commission decision shall be consistent with the conclusions
reached by the economic review panel unless, based on all of the evidence
and documentation presented to the historic landmark commission, the
historic landmark commission finds by a vote of three-fourths (3/4)
majority of a quorum present that the economic review panel acted in an
arbitrary manner, or that its report was based on an erroneous finding of a
material fact.
I_. Standards for Certificate of Appropriateness for Demolition of a Contributing
Structure in an H 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 21A.34.020.C.10.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 II 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:
(1) 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.
2. Historic Landmark Commission Determination of Compliance with Standards of
Approval: The historic landmark commission shall make a decision based upon
compliance with the requisite number of standards in subsection L1 of this section
as set forth below.
a. Approval of Certificate of Appropriateness for Demolition: Upon making
findings that at least six (6) of the standards are met, the historic landmark
commission shall approve the certificate of appropriateness for demolition.
b. Denial of Certificate of Appropriateness for Demolition: Upon making
findings that two (2) or less of the standards are met, the historic landmark
commission shall deny the certificate of appropriateness for demolition.
c. Deferral of Decision for up to One Year: Upon making findings that three (3)
to five (5) of the standards are met, the historic landmark commission shall
defer a decision for up to one year during which the applicant must conduct a
bona fide effort to preserve the site pursuant to subsection M of this section.
M. Bona Fide Preservation Effort: Upon the decision of the historic landmark
commission to defer the decision of a certificate of appropriateness for demolition for
up to one year, the applicant must undertake bona fide efforts to preserve the
structure. The one year period shall begin only when the bona fide effort has
commenced. A bona fide effort shall consist of all of the following actions:
I. Marketing the property for sale or lease;
2. Filing an application for alternative funding sources for preservation, such as
federal or state preservation tax credits, Utah Heritage Foundation revolving fund
loans, redevelopment agency loans, etc.;
3. Filing an application for alternative uses if available or feasible, such as
conditional uses, special exceptions, etc.; and
4. Obtaining written statements from licensed building contractors or architects
detailing the actual costs to rehabilitate the property.
N. Final Decision for Certificate of Appropriateness for Demolition Following One Year
Deferral: Upon the completion of the one year period and if the applicant provides
evidence of a bona tide preservation effort, the historic landmark commission shall
make a final decision for the certificate of appropriateness for demolition pursuant to
subsection F2 of this section. The historic landmark commission shall approve the
certificate of appropriateness for demolition and approve, approve with modifications
or deny the certificate of appropriateness for the reuse plan for new construction
pursuant to subsection 1-'2, H or I' of this section.
O. Recordation Requirement for Approved Certificate of Appropriateness for
Demolition: Upon approval of a certificate of appropriateness for demolition of a
landmark site or a contributing structure, the historic landmark commission shall
require the applicant to provide archival quality photographs, plans or elevation
drawings, as available, necessary to record the structure(s) being demolished for the
purpose of providing documentation to State Archives.
P. Revievr of Postdemolition Plan for New Construction or Landscape Plan and Bond
Requirements for Approved Certificate of Appropriateness for Demolition: Prior to
approval of any certificate of appropriateness for demolition the historic landmark
commission shall review the postdemolition plans to assure that the plans comply
with the standards of subsection H of this section. If the postdemolition plan is to
landscape the site, a bond shall be required to ensure the completion of the landscape
plan approved by the historic landmark commission. The design standards and
guidelines for the landscape plan are provided in chapter 21A.48 of this title.
1. The bond shall be issued in a form approved by the city attorney. The bond shall
be in an amount determined by the building official and shall be sufficient to
cover the estimated cost, to: a) restore the grade as required by title 18 of this
code; b) install an automatic sprinkling system; and c) revegetate and landscape as
per the approved plan.
2. The bond shall require installation of landscaping and sprinklers within six (6)
months, unless the owner has obtained a building permit and commenced
construction of a building or structure on the site.
Q. Exceptions of Certificate of Appropriateness for Demolition of Hazardous Structures:
A hazardous structure shall be exempt from the provisions governing demolition if
the building official determines, in writing, that the building currently is an imminent
hazard to public safety. Hazardous structures demolished under this section shall
comply with subsection P of this section. Prior to the issuance of a demolition permit,
the building official shall notify the planning director of the decision.
R. Expiration of Approvals: Subject to an extension of time granted by the Historic
Landmark Commission, or in the case of an administratively approved Certificate of
Appropriateness, the Planning Director or designee, no Certificate of Appropriateness
shall be valid for a period of longer than one year unless a building permit has been
issued or complete building plans have been submitted to the division of building
services and licensing within that period and is thereafter diligently pursued to
completion, or unless a longer time is requested and granted by the Historic
Landmark Commission or in the case of an administrative approval the Planning
Director or designee. Any request for a time extension shall be required not less than
thirty (30) days prior to the twelve (12) month time period.
SECTION 3. Amending text of Salt Lake City Code section 21A.50.030. That section
21A.50.030 of the Salt Lake City Code (Zoning: Amendments: Initiation), shall be, and hereby
is, amended to read as follows:
21 A.50.030: INITIATION:
Amendments to the text of this title or to the zoning map may be initiated by filing an
application for an amendment addressed to the planning commission. Applications for
amendments may be initiated by the mayor, a city council member, a planning
commissioner, or the owner of the property included in the application, or the property
owner's authorized agent. Applications related to H historic preservation overlay districts
or landmark sites shall be initiated as provided in chapter 21A.34 of this title.
SECTION 4. 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 13th day of November
2012.
CH ERS N
ATT S-T1 CO ERSIGN: ct yam,
C Y RECORDER ' p 411.41411
i rry
p r il• y1GY.
X. �.1��1�•�'I ..l'k
Cp'hpO
RAT
�
Transmitted to Mayor on November 20, 2012
Mayor's Action: y Approved. Vetoed.
MAYOR
l `
ECORDER APPROVED AS TO FORM
Salt Lake City Attorney's Office
(SEAL) Dater �f, 2oi 3
By !ilr
Pat C.Niels , enior City Attorney
Bill No. 74 of 2012.
Published: November 29,- 2012
H B_ATTY-tt 20677-v8-Ordinancc_fine_tuning_h isloric_preservat ion.DOC