009 of 2018 - An ordinance amending various sections of the Salt Lake City Code pertaining to demolition and new c 0 18-1
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SALT IAKE CITY ORDINANCE.
No. 9 of 2018
(An ordinance amending various sections of the Salt Lake City Code
pertaining to demolition and new construction in the II Iistoric Preservation Overlay District)
An ordinance amending various sections of the Salt Lake City(ode pertaining to demolition
of landmark sites and contributing buildings and structures in the H Historic Preservation Overlay
District pursuant to Petition No.PLNPCM2009-00014 and standards for new construction in the H
Historic Preservation Overlay District pursuant to Petition No.PLNPCM2016-00905.
WHEREAS,the Salt Lake City Historic Landmark Commission held a work session on June
1,2017 and a public hearing on August 3,2017 to consider petitions to amend Chapters 2.60
(Administration and Personnel:Recognized Community Organizations); 18.48(Buildings and
Construction:Dangerous Buildings); 18.64(Buildings and Construction:Demolition);21 A.34
(Zoning:Overlay Districts);and 21A.50(Zoning:Amendments)of the Salt Lake City Code to
modify regulations pertaining to demolition of landmark sites and contributing building and
structures in the H Historic Preservation Overlay District(Petition No.PLNPCM2009-00014)and
regulations pertaining to new construction in the H Historic Preservation Overlay District(Petition
No.PLNPCM2016-00905):and
WHEREAS,at its August 3,2017 meeting,the historic landmark commission voted in favor
of transmitting a positive recommendation to the Salt Lake City Planning Commission and Salt I.ake
City Council on said petitions;and
WHEREAS,the Salt Lake City Planning Commission held public hearings on July 12,2017
and August 23.2017 on said petitions;and
WHEREAS,at its August 23,2017 meeting,the planning commission voted in favor of
transmitting a positive recommendation to the city council on said petitions;and
WHEREAS,after a public hearing on this marter the city council has determined that
adopting this ordinance is in the city's best interests.
NOW,1 IlFRFFORI:,be it ordained by the City Council of Salt Lake City,Utah:
SECTION 1. Amending the text of Suit Luke City Code Section 21A.34.020. That
Section 21A.34.020 of the Salt Lake City(_'ode(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 II Historic Preservation Overlay District is
to:
1. 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:
CONTRIBUTING STRUCTURE:A structure or site within the H Historic Preservation
Overlay District that meets the criteria outlined in subsection C.15 of this section 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
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reversible.Historic materials may have been covered but evidence indicates they are
intact.
DEMOLITION:Any act or process which destroys a structure,object or property within
the H Historic Preservation Overlay District or a landmark site.(See definition of
Demolition,Partial.)
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.
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.
ECONOMIC HARDSHIP:Denial of a property owner of all reasonable beneficial or
economically viable use of a property without just compensation.
HISTORIC RESOURCE SURVEY: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.
1. Reconnaissance level surveys(RLS)are the most basic approach for systematically
documenting and evaluating historic buildings in Utah communities and involves
only a visual evaluation of properties.
2. 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 office's historic site form.
LANDMARK SITE:Any site included on the Salt Lake City register of cultural
resources that meets the criteria outlined in subsection C.15 of this section.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.
LOCAL HISTORIC DISTRICT:A geographically or thematically definable area within
the H Historic Preservation Overlay District designated by the city council pursuant to
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the provisions of this section,which contains buildings,structures,sites,objects,
landscape features,archaeological sites and works of art,or a combination thereof,that
contributes to the historic preservation goals of Salt Lake City.
NEW CONSTRUCTION:The building of a new principal building within the H Historic
Preservation Overlay District or on a landmark site.
NONCONTRIBUTING STRUCTURE:A structure within the H Historic Preservation
Overlay District that does not meet the criteria listed in subsection C.15 of this section.
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.
THEMATIC DESIGNATION:A collection of individual sites,buildings,structures,or
features which are contained in two(2)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.
WILFUL NEGLECT:The intentional absence of routine maintenance and repair of a
building over time.
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 prehistory,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 prehistory 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 Districts or
Thematic Designations:Pursuant to the procedures in this section and the standards
for general amendments in Section 21 A.50.050 of this title 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,
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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"block face".as defined in Section 21 A.62.040 of this title,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(2)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. Preapplication Conference:Prior to the submittal of an application for the designation
or amendment to a landmark site(s),local historic district(s)or thematic
designation(s),and prior to gathering any signatures in support of such an application,
a potential applicant shall attend a preapplication conference with the planning
director or designee.The purpose of this meeting is to discuss the merits of the
proposed designation and the amendment processes as outlined in this section.
4. Notification of Affected Property Owners:Following the preapplication conference
outlined in subsection C.3 of this section and prior to the submittal of an application
for the designation or amendment to a local historic district(s)or thematic
designation(s),the city shall send by first class mail a neutral informational pamphlet
to owners of record for each property potentially affected by a forthcoming
application.The informational pamphlet shall contain,at a minimum,a description of
the process to create a local historic district and will also list the pros and cons of a
local historic district.The informational pamphlet shall be mailed after a potential
applicant submits to the city a finalized proposed boundary of an area to be included
in the H Historic Preservation Overlay District.Once the city sends the informational
pamphlet,property owner signature gathering may begin per subsection C.5.b of this
section.The informational pamphlet sent shall remain valid for ninety(90)days.If an
application is not filed with the city within ninety(90)days after the date that the
informational pamphlet was mailed,the city shall close its file on the matter.Any
subsequent proposal must begin the application process again.
5. 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
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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,in writing,support of more than thirty three percent(33%)of the
property 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.
(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 property owners representing at least fifty percent(50%)of the
interest in that lot or parcel.
(2)Each lot or parcel of real property may only be counted once toward the thirty
three percent(33%),regardless of the number of owner signatures obtained
for that lot or parcel.
(3)Signatures obtained to demonstrate support of more than thirty three percent
(33%)of the property owners within the boundary of the proposed local
historic district or thematic designation must be gathered within a period of
ninety(90)days as counted between the date that the informational pamphlet
was mailed as required per subsection C.4 of this section and the date of the
last required signature.
c. Fees:No application fee will be required for a petition initiated by a property
owner for designation of a property to the H Historic Preservation Overlay
District.
6. Notice of Designation Application Letter:Following the receipt by the city of an
application for the designation or amendment to a local historic district(s)or thematic
designation(s),the city shall send a notice of designation application letter to
owner(s)of record for each property affected by said application along with a second
copy of the informational pamphlet described in subsection C.4 of this section.In the
event that no application is received following the ninety(90)day period of property
owner signature gathering,the city will send a letter to property owner(s)of record
stating that no application has been filed,and that the city has closed its file on the
matter.
7. 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:
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a. Whether a current survey meeting the standards prescribed 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
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 subsection C.15 of this section and
the zoning map amendment criteria in Section 21 A.50.050,"Standards for
General Amendments",of this title.
f. Verification that a neutral informational pamphlet was sent per subsection C.4 of
this section to all property owners within a proposed local historic district
following the presubmittal process outlined in subsection C.3 of this section.
8. Property Owner Meeting: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 property owner
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.
9. Open House:Pollowing the property owner meeting,the planning division will
conduct an open house for the owners of property within the proposed boundaries of
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the local historic district or thematic designation to provide the information described
in subsections C.8.a and C.8.b of this section.
10.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 subsection C.15,"Standards for the Designation of a Landmark Site,
Local Historic District or Thematic Designation",of this section.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 of this title,zoning map
amendments and shall then submit its recommendation to the city council.
11.Property Owner Opinion Balloting:
a. Following the completion of the historic landmark commission and planning
commission public hearings,the city will deliver property owner opinion ballots
via first class mail to property owners of record within the boundary of the
proposed local historic district or thematic designation.The property owner
opinion ballot is a nonbinding opinion poll to inform the city council of property
owner interest regarding the designation of a local historic district.Each
individual property in the proposed designation boundary,regardless of the
number of owners having interest in any given property,will receive one property
owner opinion ballot.
(1)A property owner is eligible to vote regardless of whether or not the property
owner is an individual,a private entity,or a public entity;
(2)The municipality shall count no more than one property owner opinion ballot
for:
(A)Each parcel within the boundaries of the proposed local historic district or
area;or
(B)If the parcel contains a condominium project,each unit within the
boundaries of the proposed local historic district or area;and
(3) If a parcel or unit has more than one owner of record,the municipality shall
count a property owner opinion ballot for the parcel or unit only if the
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property owner opinion ballot reflects the vote of the property owners who
own at least fifty percent(50%)interest in the parcel or unit.
b. Property owners of record will have thirty(30)days from the postmark date of the
property owner opinion ballot to submit a response to the city indicating the
property owner's support or nonsupport of the proposed designation.
c. A letter shall be mailed to all property owners within the proposed local historic
district or thematic designation whose property owner opinion ballot has not been
received by the city within fifteen(15)days from the original postmark date.This
follow up letter will encourage the property owners to submit a property owner
opinion ballot prior to the thirty(30)day deadline date set by the mailing of the
first property owner opinion ballot.
12.Notification of Property Owner Opinion Balloting Results:Following the public
opinion balloting for the proposed designation,the city will send notice of the results
to all property owners within the proposed local historic district,area,or thematic
designation.
13.City Council Consideration:Following the transmittal of the historic landmark
commission and the planning commission recommendations and the results of the
property owner opinion process,the city council shall hold a public hearing to
consider the designation of a landmark site,local historic district or thematic
designation.
a. Designation of a Landmark Site:The city council may,by a majority vote,
designate a landmark site.
b. Designation of a Local Historic District or Thematic Designation:
(1) If the property owner opinion ballots returned equals at least two-thirds(2/s)of
the total number of returned property owner support ballots,and represents
more than fifty percent(50%)of the parcels and units(in the case of a
condominium project)within the proposed local historic district,area,or
thematic designation,the city council may designate a local historic district or
a thematic district by a simple majority vote.
(2) If the number of property owner opinion ballots received does not meet the
threshold identified in subsection C.13.b(1)of this section,the city council
may only designate a local historic district,area,or a thematic district by an
affirmative vote of two-thirds(2/3)of the members of the city council.
(3)If the number of property owner opinion ballots received in support and in
opposition is equal,the city council may only designate a local historic district
or a thematic district by a super majority vote.
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c. Following Designation: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 he subject to the
provisions of this section.The zoning regulations will go into effect on the date of
the publication of the ordinance unless otherwise noted on the adoption ordinance.
14.Notice of Designation:Within thirty(30)days following the designation ofa
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 H Historic
Preservation Overlay District.In addition,a notice shall be recorded in the office of
the county recorder for all lots or parcels within the area added to the II Historic
Preservation Overlay District.
15.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
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f. The designation would be in the overall public interest.
16.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 fifty(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.
17.Boundaries of a Proposed Landmark Site:When applying the evaluation criteria in
subsection C.15 of this section,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.
18.Boundaries of a Proposed Local Historic District:When applying the evaluation
criteria in subsection C.15 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 nonhistoric resources or vacant land only where necessary to create
appropriate boundaries to meet the criteria of subsection C.15 of this section.
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19.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 subsection C of this section.
2. Criteria for Adjusting the Boundaries of an H 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
subsection C.15 of this section: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
subsection C.I 5 of this section.
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
subsections C'.15 through C'.19 of this section.
4. Criteria for the Revocation of the Designation of a Landmark Site:Criteria 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
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b. Additional information indicates that the landmark site does not comply with the
criteria for selection of a landmark site as outlined in subsection C.1 5 of this
section;or
c. Additional information indicates that the landmark site is not of exceptional
importance to the city,state,region or nation.
E. Certificate of Appropriateness Required:After the establishment of an II 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 he 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.
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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. Types of Construction:The following may he approved by administrative
decision:
(1)Minor alteration of or addition to a landmark site or contributing site,building,
and/or structure:
(2)Substantial alteration of or addition to a noncontributing site;
(3)Partial demolition of either a landmark site or a contributing principal building
or structure;
(4)Demolition of an accessory building or structure;
(5)Demolition of a noncontributing building or structure;and
(6)Installation of solar energy collection systems pursuant to Section 21 A.40.190
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 2l 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. Fees:No application fee will be required for a certificate of appropriateness that is
administratively approved.
e. Notice of Application for Demolition of a Noncontributing Building or Structure:
An application for demolition of a noncontributing building or structure shall
require notice for determination of noncontributing sites pursuant to Chapter
21 A.10 of this title.The applicant shall be responsible for payment of all fees
established for providing the public notice required by Chapter 21A.10 of this
title.
f. Standards of Approval:The application shall he reviewed according to the
standards set forth in subsections G and H of this section,whichever is applicable.
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g. 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 H 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.
h. 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 building in the H Historic Preservation
Overlay District,or the need for consultation for expertise regarding architectural,
construction or preservation issues,or if the application does not meet the
standards of review.
2. Historic Landmark Commission:Certain types of construction,demolition and
relocation shall only be approved by the historic landmark commission subject to the
following procedures:
a. Types of Construction:The following shall be reviewed by the historic landmark
commission:
(1)Substantial alteration or addition to a landmark site or contributing site,
building,and/or structure;
(2)New construction of principal building in H Historic Preservation Overlay
District;
(3)Relocation of landmark site or contributing principal building;
(4)Demolition of landmark site or contributing principal building;
(5)Applications for administrative approval referred by the planning director;and
(6)Installation of solar energy collection systems on the front facade of the
principal building in a location most compatible with the character defining
features of the home pursuant to Section 21A.40.190 of this title.
b. Submission of Application:The procedure for an application for a certificate of
appropriateness shall be the same as specified in subsection F.1.b of this section.
c. Fees:The application shall be accompanied by the applicable fees shown on the
Salt Lake City consolidated fee schedule.The applicant shall also be responsible
for payment of all fees established for providing the public notice required by
Chapter 21A.10 of this title.
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d. Materials Submitted With Application:An application shall be made on a form
provided by the planning director and shall be submitted to the planning division
in accordance with subsection F.1.c of this section,however specific requirements
for new construction shall include the following information unless deemed
unnecessary by the zoning administrator;
(I)The applicant's name,address,telephone number,e-mail address and interest
in the subject property;
(2)The owner's name,address and telephone number,if different than the
applicant,and the owner's signed consent to the filing of the application;
(3)The street address and legal description of the subject property;
(4) A narrative including a complete description of the project and how it meets
review standards with citation of supporting adopted city design guidelines;
(5) A context plan showing property lines,building footprints,front yard
setbacks,adjacent streets and alleys,historic district boundaries.
contributing/noncontributing structures and landmark sites;
(6)A streetscape study which includes height measurements for each primary
structure on the block face;
(7)A site plan or drawing drawn to a scale which includes the following
information:property lines,lot dimensions,topography,adjacent streets,
alleys and walkways,landscaping and buffers,existing and proposed
buildings and structures,lot coverage,grade changes,parking spaces,trash
receptacles,drainage features,proposed setbacks and other details required for
project evaluation;
(8) Elevation drawings and details for all facades;
(9)Illustrative photos and/or samples of all proposed facade materials;
(10)Building,wall,and window section drawings;
(1 I)3D models that show the new construction in relation to neighboring
buildings;
(12)3D models that show the new construction from the pedestrian perspective;
and
(13)Any further information or documentation as the zoning administrator deems
necessary in order to fully consider and analyze the application.
e. Notice:Applications for a certificate of appropriateness shall require notice
pursuant to Chapter 21A.10 of this title.
f. Public Hearing:Applications for a certificate of appropriateness shall require a
public hearing pursuant to Chapter 21A.10 of this title.
g. Standards for Approval:The application shall be reviewed according to the
standards set forth in subsections G through K of this section,whichever are
applicable.
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h. Review and Decision by the Historic Landmark Commission:The historic
landmark commission shall make a decision at a regularly scheduled meeting,
following receipt of a completed application.
(1) 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 K 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.
(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 principal buildings 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 made pursuant to
the provisions of Section 21 A.10.030 of this title.
i. Appeal of Historic Landmark Commission Decisions: Any person adversely
affected by a final decision of the historic landmark commission may file an
appeal in accordance with the provisions of Chapter 21A.16 of this title.
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;
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4. Alterations or additions that have acquired historic significance in their own right
shall he 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 he 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
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alteration of a noncontributing structure shall,using the adopted design guidelines as a
key basis for evaluation.determine whether the project substantially complies with each
of the following standards that pertain to the application to ensure that the proposed
project fits into the established context in ways that respect and contribute to the
evolution of Salt Lake City's architectural and cultural traditions:
I. Settlement Patterns and Neighborhood Character:
a. Block and Street Patterns.The design of the project preserves and reflects the
historic block,street,and alley patterns that give the district its unique character.
Changes to the block and street pattern may be considered when advocated by an
adopted city plan.
b. Lot and Site Patterns.The design of the project preserves the pattern of lot and
building site sizes that create the urban character of the historic context and the
block face.Changes to the lot and site pattern may be considered when advocated
by an adopted city plan.
c. The Public Realm.The project relates to adjacent streets and engages with
sidewalks in a manner that reflects the character of the historic context and the
block face.Projects should maintain the depth of yard and height of principal
elevation of those existing on the block face in order to support consistency in the
definition of public and semi-public spaces.
d. Building Placement.Buildings are placed such that the project maintains and
reflects the historic pattern of setbacks and building depth established within the
historic context and the block face.Buildings should maintain the setback
demonstrated by existing buildings of that type constructed in the district or site's
period of significance.
e. Building Orientation.The building is designed such that principal entrances and
pathways are oriented such that they address the street in the pattern established in
the historic context and the block face.
2. Site Access,Parking,and Services:
a. Site Access.The design of the project allows for site access that is similar,in
form and function,with patterns common in the historic context and the block
face.
(l) Pedestrian:Safe pedestrian access is provided through architecturally
highlighted entrances and walkways,consistent with patterns common in the
historic context and the block face.
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(2) Vehicular:Vehicular access is located in the least obtrusive manner possible.
Where possible,garage doors and parking should be located to the rear or to
the side of the building.
b. Site and Building Services and Utilities.Utilities and site/building services(such
as IIVAC systems,venting fans,and dumpsters)arc located such that they arc to
the rear of the building or on the roof and screened from public spaces and public
properties.
3. Landscape and Lighting:
a. Grading of Land.The site's landscape,such as grading and retaining walls,
addresses the public way in a manner that reflects the character of the historic
context and the block face.
b. Landscape Structures.Landscape structures,such as arbors,walls,fences,address
the public way in a manner that reflects the character of the historic context and
the block face.
c. Lighting.Where appropriate lighting is used to enhance significant elements of
the design and reflects the character of the historic context and the block face.
4. Building Form and Scale:
a. Character of the Street Block.The design of the building reflects the historic
character of the street facade in terms of scale,composition,and modeling.
(I) Height:The height of the project reflects the character of the historic context
and the block face.Projects taller than those existing on the block face step
hack their upper floors to present a base that is in scale with the historic
context and the block face.
(2) Width:The width of the project reflects the character of the historic context
and the block face.Projects wider than those existing on the block face
modulate the facade to express a series of volumes in scale with the historic
context and the block face.
(3) Massing:The shape,form,and proportion of buildings,reflects the character
of the historic context and the block face.
(4) Roof Forms:The building incorporates roof shapes that reflect forms found in
the historic context and the block face.
5. Building Character:
a. Facade Articulation and Proportion:The design of the project reflects patterns of
articulation and proportion established in the historic context and the block face.
.As appropriate,facade articulations reflect those typical of other buildings on the
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block face.These articulations are of similar dimension to those found elsewhere
in the context,but have a depth of not less than 12 inches.
(I) Rhythm of Openings:The facades are designed to reflect the rhythm of
openings(doors,windows,recessed balconies,etc.)established in the historic
context and the block face.
(2) Proportion and Scale of Openings:The facades are designed using openings
(doors,windows,recessed balconies,etc.)of similar proportion and scale to
that established in the historic context and the block face.
(3) Ratio of Wall to Openings:Facades are designed to reflect the ratio of wall to
openings(doors,windows,recessed balconies,etc.)established in the historic
context and the block face.
(4) Balconies,Porches,and External Stairs:The project,as appropriate,
incorporates entrances,balconies,porches,stairways,and other projections
that reflect patterns established in the historic context and the block face.
6. Building Materials,Elements and Detailing:
a. Materials.Building facades,other than windows and doors,incorporate no less
than 80%durable material such as,but not limited to,wood,brick,masonry,
textured or patterned concrete and/or cut stone. These materials reflect those
found elsewhere in the district and/or setting in terms of scale and character.
b. Materials on Street-facing Facades.The following materials are not considered to
be appropriate and are prohibited for use on facades which face a public street:
vinyl siding and aluminum siding.
c. Windows.Windows and other openings are incorporated in a manner that reflects
patterns,materials,and detailing established in the district and/or setting.
d. Architectural Elements and Details.The design of the building features
architectural elements and details that reflect those characteristic of the district
and/or setting.
7. Signage Location.Locations for signage are provided such that they are an integral
part of the site and architectural design and are complimentary to the principal
structure.
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;
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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 0 of this section;or
2. A determination of economic hardship has been granted by the historic landmark
commission pursuant to the provisions of subsection L of this section.
K. Standards for Certificate of Appropriateness for Demolition of a Contributing Principal
Building in an H Historic Preservation Overlay District:When considering a request for
approval of a certificate of appropriateness for demolition of a contributing principal
building,the historic landmark commission shall determine whether the request
substantially complies with the following standards:
1. Standards for Approval of a Certificate of Appropriateness for Demolition:
a. The integrity of the site as defined in subsection C.15.b of this section is no longer
evident;
b. The streetscape within the context of the H Historic Preservation Overlay District
would not be negatively materially affected if the contributing principal building
were to be demolished;
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c. The demolition would not create a material adverse effect on the concentration of
historic resources used to define the boundaries or maintain the integrity of the
district;
d. The base zoning of the site does not permit land uses that would allow the
adaptive reuse of the contributing principal building;
e. The contributing principal building has not suffered from wilful neglect,as
evidenced by the following:
(1)Wilful or negligent acts that have caused significant deterioration of the
structural integrity of the contributing principal building to the point that the
building fails to substantially conform to applicable standards of the state
construction code,
(2)Failure to perform routine and appropriate maintenance and repairs to
maintain the structural integrity of the contributing principal building,or
(3)Failure to secure and board the contributing principal building,if vacant,per
Section 18.64.045 of this title.
2. Historic landmark Commission Determination of Compliance With Standards of
Approval:If the historic landmark commission finds that the request for a certificate
of appropriateness for demolition substantially complies with the standards in
subsection K.1 of this section,then the historic landmark commission shall approve
the request for a certificate of appropriateness for demolition. If the historic landmark
commission does not find that the request for a certificate of appropriateness for
demolition substantially complies with the standards in subsection K.l of this section,
then the historic landmark commission shall deny the request for a certificate of
appropriateness for demolition.
L. Economic Hardship Determination:Upon denial of a certificate of appropriateness for
demolition of a contributing principal building by the historic landmark commission,the
owner and/or owner's representative will have one(1)year from the end of the appeal
period as described in Chapter 21A.16 of this title,to submit an application for
determination of economic hardship. In the case of a landmark site,an application for
determination of economic hardship can be submitted at any time as necessary to meet
the standard of subsection J.2 of this section.
1. Application for Determination of Economic Hardship:An application for a
determination of economic hardship shall be made on a form provided by the
planning director and shall be submitted to the planning division.
2. Evidence for Determination of Economic Hardship:The burden of proof is on the
owner or owner's representative to provide sufficient evidence to demonstrate an
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economic hardship.Any finding in support of economic hardship shall be based
solely on the hardship of the property. Evidence may include,but is not limited to:
a. Condition of the property at time of purchase and the applicant's plans for the
property at time of purchase.
b. The 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
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) Real estate taxes for the previous three(3)years by the Salt Lake County
Assessor,
(4) An appraisal,no older than six(6)months at the time of application for
determination of economic hardship conducted by a MAI certified appraiser
licensed within the State of Utah.Also all appraisals obtained within the
previous three(3)years by the owner or applicant in connection with the
purchase,financing or ownership of the property,
(5) The fair market value of the property taking into consideration the H Historic
Preservation Overlay District;
(6) For non-residential or multifamily properties,any state or federal income tax
returns on or relating to the property for the previous three(3)years;
c. The marketability of the property for sale or lease,as determined by 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_
(I) Any real estate broker or firm engaged to sell or lease the property,
(2) Reasonableness of the price in terms of fair market value or rent sought by the
applicant,and
(3) Any advertisements placed for the sale or rental of the property,
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d. The feasibility of alternative uses for the property as considered in relation to the
following:
(I) Report from a licensed engineer or architect with experience in rehabilitation
of older buildings as to the structural soundness of any building on the
property,
(2) An estimate of the cost of the proposed construction or alteration,including
the cost of demolition and removal,and potential cost savings for reuse of
materials,
(3)The estimated market values of the property in current condition,after
completion of the demolition;and after renovation of the existing property for
continued use,and
(4)The testimony of an experienced professional as to the economic feasibility of
rehabilitation or reuse of the existing building on the property. An
experienced professional may include,but is not limited to,an architect,
developer,real estate consultant,appraiser,or any other professional
experienced in preservation or rehabilitation of older buildings and licensed
within the State of Utah.
e. Economic incentives and/or funding available to the applicant through federal,
state,city,or private programs.
f. Description of past and current use.
g. An itemized report that identities what is deficient if the building does not meet
minimum city building code standards or violations of city code.
h. Consideration of map amendment,conditional use,special exception or other land
use processes to alleviate hardship
3. Procedure for Determination of Economic llardship:The planning director shall
appoint a qualified expert to evaluate the application and provide advice and/or
testimony to the historic landmark commission concerning the value of the property
and whether or not the denial of demolition could result in an economic hardship.The
extent of the authority of the planning director's appointed qualified expert is limited
to rendering advice and testimony to the historic landmark commission.The planning
director's appointed qualified expert has no decision making capacity. The planning
director's appointed qualified expert should have considerable and demonstrated
experience in appraising,renovating,or restoring historic properties,real estate
development,economics,accounting,finance and/or law.The historic landmark
commission may also consider other expert testimony upon reviewing the evidence
presented by the applicant or receiving the advice/testimony of the planning director's
appointed qualified expert as necessary.
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a. Review of Evidence:The historic landmark commission shall consider an
application and the advice/testimony of the planning director's appointed
qualified expert for determination of economic hardship after receipt of a
complete application.
b. Finding of Economic Hardship:If after reviewing all of the evidence presented by
the applicant and the advice/testimony of the planning director's appointed
qualified expert,the historic landmark commission finds that the applicant has
presented sufficient information supporting a determination of economic
hardship,then the historic landmark commission shall issue a certificate of
appropriateness for demolition in accordance with subsections M and N of this
subsection.In order to show that all beneficial or economically viable use cannot
be obtained,the historic landmark commission must find that:
(1)For demolition of non-residential or multifamily property:
(a) The contributing principal building currently cannot be economically used
or rented at a reasonable rate of return in its present condition.
(2)For demolition of a residential property(single or two family):
(a) The contributing principal building cannot be put to any beneficial use in
its present condition.
c. Certificate of Appropriateness for Demolition:If the historic landmark
commission finds an economic hardship,a certificate of appropriateness for
demolition shall be valid for one(1)year. Extensions of time for an approved
certificate of appropriateness for demolition shall be subject to Section
21A.10.010.D.
d. Denial of Economic Hardship:If the historic landmark commission does not find
an economic hardship,then the application for a certificate of appropriateness for
demolition shall be denied.No further economic hardship determination
applications may be considered for the subject property for three(3)years from
the date of the final decision of the historic landmark commission.The historic
landmark commission may waive this restriction if the historic landmark
commission finds there are circumstances sufficient to warrant a new hearing
other than the re-sale of the property or those caused by the negligence or
intentional acts of the owner.
e. Any owner adversely affected by a final decision of the historic landmark
commission may appeal the decision in accordance with the provisions of Chapter
21A.16 of this title.The filing of an appeal shall stay the decision of the historic
landmark commission pending the outcome of the appeal.
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M. Requirements for Certificate of Appropriateness for Demolition: No certificate of
appropriateness for demolition shall be issued unless the landmark site or contributing
principal building to he demolished is to be replaced with a new building that meets the
following criteria:
1. The replacement building satisfies all applicable zoning and H Historic Preservation
Overlay District standards for new construction,
2. The certificate of appropriateness for demolition is issued simultaneously with the
appropriate approvals and permits for the replacement building.
3. Submittal of documentation to the planning division of the landmark site or
contributing principal building in a historic district. Documentation shall include
photos of the subject property and a site plan. Documentation may also include
drawings and/or written data if available.
a. Photographs.Digital or print photographs.Views should include:
(1)Exterior views;
(2) Close-ups of significant exterior features;
(3) Views that show the relationship of the primary building to the overall site,
accessory structures and/or site features.
b. Site plan showing the location of the building and site features.
N. Revocation of the Designation of a Landmark Site:If a landmark site is approved for
demolition,the property shall not be removed from the Salt I,ake City Register of
Cultural Resources until the building has been demolished(See subsection D of this
section).
O. Exceptions of Certificate of Appropriateness for Demolition of Hazardous Buildings:A
hazardous building 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.Prior to the issuance of a demolition permit,the building official shall
notify the planning director of the decision.
P. 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,
by the planning director or designee,no certificate of appropriateness shall be valid for a
period of longer than one(1)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 by the planning director or designee.Any request for a time
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extension shall be required not less than thirty(30)days prior to the twelve(12)month
time period.
SECTION 2. Amending the text of Salt Lake('ify Code Subsection 21 A.50.060.B. That
Subsection 21 A.50.060_B of the Salt Lake('in,Code(Zoning:Amendments:Limitation on
Amendments),shall be and hereby is amended to read as follows:
B. In the case of a proposed local historic district or thematic designation per
subsection 21A.34.020.0 of this title,if a local historic district or area proposal fails in
accordance with the voting procedures set forth in subsection 21A.34.020.C.13 of this
title,a resident may not initiate the creation of a local historic district,area,or thematic
designation that includes more than fifty percent(50%)of the same property as the failed
local historic district,area,or thematic designation proposal for four(4)years after the
day on which the property owner opinion ballots for the vote were due.
SECTION 3. Amending the text of Salt Lake City Code Subsection 2.60.050.C. That
Subsection 2.60.050.0 of the Salt Lake City('ode(Administration and Personnel:Recognized
Community Organizations:Responsibilities of City).shall be and hereby is amended to read as
follows:
C. Recognized Community Organization Notification And Response:The city will send a
notice to the applicable recognized community organization chair(s)for the following
types of projects:
Alley vacation
City code amendments
Conditional use
Demolition of contributing principal buildings located within a local historic district or
landmark sites
Major changes to street capacity or travel modes
Major upgrades to public facilities and structures
Master plan amendment or policy amendments to be adopted by the city council
Master plan or policies to be adopted by the city council
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New construction of major public facilities and structures
Planned development
Zoning map amendment
The recognized community organization chair(s)have forty five(45)days to provide
comments,from the date the notice was sent.A public hearing will not be held,nor will a
final decision be made about the project within the forty five(45)day period.Where a
project is within six hundred feet(600')of the boundaries of another recognized
community organization's district,when more than one recognized organization has
requested a presentation of the matter,when the subject property is located west of 2200
West,or when the project is a text amendment to the city code,the city will schedule the
item for an open house and notify the public,including those recognized community
organizations who may be affected by the project or who have specifically requested
notification of the public open house.
SECTION 4. Amending the text of Salt Lake City Code Subsection 18.48.200.D. That
Subsection 18.48.200.D of the Salt Lake City Code(Buildings and Construction:Dangerous
Buildings:Temporary Securing of Buildings: Stays:Stay Process),shall be and hereby is
amended to read as follows:
D. If the director of housing and neighborhood development denies a stay request,the
building owner shall obtain a boarding or demolition permit within seven(7)days or the
city may proceed to board the property pursuant to Section 18.48.110 of this chapter,or
its successor.In addition to the provisions of this section,the issuance of demolition
permits in historic districts and landmark sites are subject to the provisions of
subsection 21A.34.020.K of this code.In the event of a conflict between the provisions of
this subsection and subsection 21A.34.020.K of this code,the latter shall control.
SEC ION 5. Amending the text of Salt Luke Cam;Code Subsection 18.64.040.C. That
Subsection 18.64.040.0 of the Salt Lake City Code(Buildings and Construction:Demolition:
Issuance of Demolition Permit),shall be and hereby is amended to read as follows:
C. 1. Except as otherwise provided in Section 18.64.050 of this chapter,if one or more
dwelling units located in a residential zone,whether or not occupied,will be removed
under a demolition permit,a housing mitigation plan shall be prepared as required
in Chapter 18.97 of this title prior to issuance of the permit.
29
2. If proposed demolition involves a landmark site,a contributing principal building,or
a structure located in a historic preservation overlay district,as provided in
Section 21 A.34.020 of this code,or its successor,a demolition permit shall be issued
only upon compliance with applicable provisions of that section or its successor.
SECTION 6. 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 20th day of March
2018.
CHAIRPERS N
A T D TERSI
TY RECORDER
Transmitted to Mayor on March 22, 2018
Mayor's Action: X. Approved. Vetoed.
Vetoed.
M` 1 jJ iuiPY
yPtCE c74,1...
ITY RECORDER et/r 12.i, _
lti 3 APPROVED AS TO FORM
(SEAL) .;o, = *% Salt Lake City Attorney's Office
\CO , Date. ZB/
Bill No. 9 of 2018. RATV,5��r
By.
Published:
March 29. 2018. Pa IC Niel 'tor Cif),/Wormy
HB ATTY-k63935-v4-Ordinance demolition and new construction in historic districts.docx
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