Transmittal - 3/25/2024ERIN MENDENHALL DEPARTMENT of COMMUNITY
Mayor and NEIGHBORHOODS
Blake Thomas
Director
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV
P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005
CITY COUNCIL TRANSMITTAL
________________________ Date Received: _________________
Rachel Otto, Chief of Staff Date sent to Council: _________________
______________________________________________________________________________
TO: Salt Lake City Council DATE: 3/21/2024
Victoria Petro, Chair
FROM: Blake Thomas, Director, Department of Community & Neighborhoods
__________________________
SUBJECT: Zoning text amendment related to enforcement on work done with a Certificate of
Appropriateness
STAFF CONTACT: Mayara Lima, Planning Manager-Zoning Administrator,
Mayara.lima@slcgov.com, 801-535-6141
DOCUMENT TYPE: Ordinance
RECOMMENDATION: That the City Council adopt the changes to the zoning ordinance as
recommended by the Planning Commission.
BUDGET IMPACT: None
BACKGROUND/DISCUSSION: This city-initiated petition is intended to address unlawful
construction and demolition activities in the City’s local historic districts. The purpose of this
amendment is to protect historic resources, which includes designated local historic districts and
local landmark sites. The amendment adds enforcement tools to prevent and counter potential
code violations. It establishes a clear process to remedy alterations or any demolitions that occur
without approval. The proposed changes will affect Chapter 21A.34.020 (H Historic Preservation
Overlay District) and related provisions of Title 21A-Zoning.
Issue: A Certificate of Appropriateness (COA) is required prior to performing any exterior work
on a property located within the historic overlay. The COA is the main tool the city has to
ensure the work is appropriate, meets standards/design guidelines and ultimately will not damage
rachel otto (Mar 25, 2024 16:32 MDT)03/25/2024
03/25/2024
the historic integrity of a historic resource. When work is done without such review, it puts
historic resources at risk of losing their status or worse.
The city’s zoning and building code enforcement is equipped to address work without permits
but currently lacks the necessary tools or fines to account for the illegal demolition or permanent
damage of historic resources. Unlike typical code violations that can be reversed through
replacement, repair or maintenance, once all or part of a historic building is removed, its value is
lost permanently. No replica can recreate the original materials, craftsmanship, and cultural value
that provide authenticity and historical context to the individual resource. Because of the higher
risk, enforcement of violations in the historic overlay requires a more tailored approach.
Proposal: Based on research of current enforcement limitations and tools used in other cities, the
proposal includes the following changes to the Zoning Ordinance:
1. Create an enforcement subsection within the historic overlay (21A.34.020):
The subsection would reference the enforcement chapter in the Zoning Code (21A.20) and
lists additional consequences for work conducted in violation of the historic overlay
provisions.
2. Prohibit redevelopment of a property when a principal building is demolished without
approval unless the proposal is for reconstruction:
A contributing principal building or landmark site demolished without a COA would require
reconstruction. A certificate of noncompliance would be issued and recorded against the
property following the violation to prevent redevelopment for 25 years unless the applicant
proposes to reconstruct the demolished structure.
3. Establish a reconstruction process:
The reconstruction would have to follow specific standards to ensure the new building is true
to the size, proportions, and features of the original structure. The applicant would be
required to sign a legally binding restrictive covenant to acknowledge the reconstruction,
prohibit future demolition and major alterations for 25 years and ensure that the terms are
carried with the land. This process would be consolidated with the recently adopted standards
for reconstruction of carriage houses in landmark sites.
4. Prohibit a property owner from requesting a change of status based on a violation:
The city would require that any work done without a COA be undone if retroactive approval
is not possible. In the case of an irreversible alteration, a request to administratively change
the historic status from contributing to noncontributing based on work done without a COA
would be rejected. That is, regardless of the alterations, the structure will still be reviewed as
a contributing. This restriction would limit the property owner from further harmful
alterations or a full demolition. A change of status would still be possible through a district
survey update, subject to Council approval.
5. Clarify that self-imposed conditions are not eligible for Economic Hardship:
Language added to the Economic Hardship process would disqualify requests for demolition
of a contributing building based on a hardship that is related to owner’s financial ability to
rehabilitate a property, lack of due diligence, or self-imposed conditions, such as demolition
by neglect, intentional destabilization of the structure or enforcement of a violation.
6. Coordinate with other city code sections that relate to reconstruction and enforcement:
Other sections would be amended to allow nonconforming use and noncomplying structures
to be restored in case of reconstruction (21A.38) and to create a reconstruction definition
(21A.62.040).
PUBLIC PROCESS:
Public Input:
• October 3, 2023: All Salt Lake City recognized organizations were sent the required 45-
day notice for the proposed text amendment.
• October 10, 2023: An online open house webpage was posted to provide additional
information on the petition.
• October 23, 2023: The planning division sent out public outreach to stakeholders.
Commission Briefing:
Staff presented preliminary draft proposal to Historic Landmark and Planning Commissions to
introduce the request, gather feedback, identify key issues, and answer questions.
• November 2, 2023: Historic Landmark Commission
• November 8, 2023: Planning Commission
Their concerns were discussed in the meetings and several topics/questions were outlined and
addressed in detail in Key Consideration #4 of the PC Staff Report.
Public Hearings:
• January 4, 2024: Historic Landmark Commission
Following the public hearing, the Historic Landmark Commission voted unanimously to
forward a positive recommendation to City Council with the following modifications:
o That the 25-year period prohibiting redevelopment and the demolition of the
reconstructed structure be increased to 50 years.
o That staff explore a fee, similar to the boarded building fee, for a property that is
left vacant and not reconstructed.
The agenda, minutes, and staff report are bookmarked below for reference.
• January 10, 2024: Planning Commission
Following the public hearing, the Planning Commission voted to forward a positive
recommendation to City Council to adopt the ordinance as proposed. The Planning
Commission did not agree with the modifications recommended by the Historic
Landmark Commission. The agenda, minutes, and staff report are bookmarked below for
reference.
Historic Landmark Commission (HLC) and Planning Commission (PC) Records
a) HLC Agenda of January 4, 2024 (Click to Access)
b) HLC Minutes of January 4, 2024 (Click to Access)
c) HLC Staff Report of January 4, 2024 (Click to Access)
d) PC Agenda of January 10, 2024 (Click to Access)
e) PC Minutes of January 10, 2024 (Click to Access)
f) PC Staff Report of January 10, 2024 (Click to Access)
EXHIBITS:
1) Ordinance
2) Project Chronology
3) Notice of City Council Public Hearing
4) Public Comment Received after the Planning Commission Staff Report was Published
1. ORDINANCE
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LEGISLATIVE DRAFT
SALT LAKE CITY ORDINANCE 1
No. _____ of 2024 2
3
(An ordinance amending various sections of Title 21A of the Salt Lake City Code 4
pertaining to penalties for work done without a certificate of appropriateness.) 5
6
An ordinance amending various sections of Title 21A of the Salt Lake City Code pursuant 7
to Petition No. PLNPCM2023-00336 pertaining to the creation of penalties for work done 8
without a certificate of appropriateness. 9
WHEREAS, on January 4, 2024, the Salt Lake City Historic Landmark Commission 10
(“Landmark Commission”) held a public hearing to consider a petition submitted by Mayor Erin 11
Mendenhall to amend various sections of Title 21A of the Salt Lake City Code pertaining to the 12
creation of penalties for work done without a certificate of appropriateness pursuant to Petition 13
No. PLNPCM2023-00336; and 14
WHEREAS, at its January 4, 2024 meeting, the Landmark Commission voted in favor of 15
transmitting a positive recommendation with modifications to the Salt Lake City Planning 16
Commission (“Planning Commission”) and the Salt Lake City Council (“City Council”) on said 17
petition; and 18
WHEREAS, on January 10, 2024 the Planning Commission held a public hearing on said 19
petition; and 20
WHEREAS, at its January 10, 2024 meeting, the Planning Commission voted in favor of 21
transmitting a positive recommendation to the City Council on said petition; and 22
WHEREAS, after a public hearing on this matter the City Council has determined that 23
adopting this ordinance is in the city’s best interests. 24
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 25
26
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LEGISLATIVE DRAFT
27
SECTION 1. Amending the text of Section 21A.34.020. That the list of subsections in 28
Section 21A.34.020 of the Salt Lake City Code (Zoning: Overlay Districts: H Historic 29
Preservation Overlay District) shall be, and hereby is amended as follows, with no other 30
revisions to Section 21A.34.020: 31
21A.34.020: H HISTORIC PRESERVATION OVERLAY DISTRICT: 32
33
A. Purpose Statement 34
B. Applicability 35
C. Local Historic Designation, Amendments or Revocation 36
D. Historic Status Determination 37
E. Certificate of Appropriateness Required 38
F. Procedures for Issuance of a Certificate of Appropriateness 39
G. Standards for Alteration of a Landmark Site, Contributing Structure or New Construction 40
of an Accessory Structure 41
H. Standards for New Construction or Alteration of a Noncontributing Structure 42
I. Standards for Relocation 43
J. Standards for Demolition of a Landmark Site 44
K. Standards for Demolition of a Contributing Principal Building 45
L. Economic Hardship Determination 46
M. Reconstruction of a Carriage House on a Landmark Site 47
N. Enforcement 48
49
SECTION 2. Amending the text of Subsection 21A.34.020.E.1. That Subsection 50
21A.34.020.E of the Salt Lake City Code (Zoning: Overlay Districts: H Historic Preservation 51
Overlay District: Certificate of Appropriateness Required) shall be, and hereby is amended to 52
read as follows: 53
1. A certificate of appropriateness shall be required for all of the following: 54
a. Any exterior alteration to the property or any structure on the property unless 55
specifically exempted under Subsection 21A.34.020.E.2; 56
b. New Cconstruction; 57
c. Relocation of a structure or object on the same site or to another site; 58
d. Demolition; and 59
e. Reconstruction 60
61
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SECTION 3. Amending the text of Subsection 21A.34.020.F.2. That Subsection 62
21A.34.020.F.2 of the Salt Lake City Code (Zoning: Overlay Districts: H Historic Preservation 63
Overlay District: Procedure for Issuance of Certificate of Appropriateness) shall be, and hereby 64
is amended to read as follows: 65
2. Historic Landmark Commission Authority: The following shall only be decided by 66
the historic landmark commission: 67
a. Substantial alteration or addition to a landmark site or contributing site, building, 68
and/or structure; 69
b. New construction of a principal building in the H Historic Preservation Overlay 70
District; 71
c. Relocation of a landmark site or contributing principal building; 72
d. Demolition of a landmark site or contributing principal building; 73
e. Economic hardship determination; 74
f. Reconstruction of a carriage house on a landmark site; and 75
g. Applications referred by the planning director. 76
77
SECTION 4. Enacting the text of Subsection 21A.34.020.F.3.c. That a new Subsection 78
21A.34.020.F.3.c of the Salt Lake City Code (Zoning: Overlay Districts: H Historic Preservation 79
Overlay District: Procedure for Issuance of Certificate of Appropriateness: Submission of 80
Application) is hereby enacted as follows: 81
c. Reconstruction Application Requirements: In addition to the general application 82
requirements listed above, applications for reconstruction shall include drawings 83
and photographs of the original structure that justify the dimensions and details of 84
the proposed structure. The applicant shall provide documentation that indicates 85
the original structure’s approximate: 86
(1) Location on the site and the estimated setbacks. 87
(2) Building footprint, including shape and size. 88
(3) Roof shape, slope and details. 89
(4) Building height, including wall height and roof height. 90
(5) Openings, including location, arrangement, size and details of any window or 91
door openings. For reconstruction of carriage house, include carriage entries. 92
(6) Exterior building materials. 93
94
SECTION 5. Amending the text of Subsection 21A.34.020.F.6. That Subsection 95
21A.34.020.F.6 of the Salt Lake City Code (Zoning: Overlay Districts: H Historic Preservation 96
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Overlay District: Procedure for Issuance of Certificate of Appropriateness) shall be, and hereby 97
is amended to read as follows: 98
6. Administrative Decisions: The planning director or designee shall approve, 99
conditionally approve, or deny the application for a certificate of appropriateness based 100
upon written findings of fact. The decision of the planning director or designee shall 101
become effective upon issuance of the certificate of appropriateness or of the findings 102
and order in the case of an administrative denial. 103
104
SECTION 6. Amending the text of Subsection 21A.34.020.L.3.c. That Subsection 105
21A.34.020.L.3.c of the Salt Lake City Code (Zoning: Overlay Districts: H Historic Preservation 106
Overlay District: Economic Hardship Determination: Procedure for Determination of Economic 107
Hardship) shall be, and hereby is amended to read as follows: 108
c. Finding of Economic Hardship: If after reviewing all of the evidence presented by 109
the applicant and the advice/testimony of the planning director’s appointed 110
qualified expert, and if the historic landmark commission finds that the applicant 111
has presented sufficient information supporting a determination of economic 112
hardship, then the historic landmark commission shall approve the demolition. In 113
order to show that all beneficial or economically viable use cannot be obtained, the 114
historic landmark commission must find that all of the following are met: 115
(1) The contributing principal building or landmark site cannot be economically 116
used or rented at a reasonable rate of return in its present condition or if 117
rehabilitated; 118
(2) The contributing principal building or landmark site cannot be put to any 119
reasonable beneficial use in its present condition, or if rehabilitated; and 120
(3) Bona fide efforts during the previous year to sell or lease the contributing 121
principal building or landmark site at a reasonable price have been 122
unsuccessful.; and 123
(4) The hardship is not a mere reduction in economic value of the property, is not 124
caused by the owner’s financial ability to rehabilitate a property, is not caused 125
by the owner’s lack of due diligence to rehabilitate a property, or by any other 126
self-imposed condition, such as demolition by neglect, intentional 127
destabilization of the structure or a violation outlined in 21A.34.020.N.3. 128
129
SECTION 7. Amending the text of Subsection 21A.34.020.M. That Subsection 130
21A.34.020.M of the Salt Lake City Code (Zoning: Overlay Districts: H Historic Preservation 131
Overlay District) shall be, and hereby is amended to read as follows: 132
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M. Reconstruction of a Carriage House on a Landmark Site: 133
1. Applicability: The reconstruction of a historic carriage house is allowed if the 134
following criteria are satisfied: 135
a. Reconstruction after demolition without a certificate of appropriateness: If a 136
landmark site or contributing structure is demolished without a certificate of 137
appropriateness, an application for reconstruction will be considered in 138
accordance with the provisions of this Subsection. 139
140
b. Reconstruction of a carriage house on a landmark site: An application for the 141
reconstruction of a historic carriage house is allowed subject to the provision of 142
this Subsection and if the following criteria are satisfied: 143
a.(1) The carriage house is located on property and address are a landmark site. 144
For the purpose of this section, any site that has been further subdivided since 145
the construction of the last principal building on the site shall be considered 146
part of the landmark site. 147
148
b.(2) Documentation has been provided that indicates a carriage house associated 149
with the historic period of the landmark site existed on the site. 150
Documentation may include any property related record, prior survey, 151
photographs, site plans, or similar records. It is the responsibility of the 152
applicant to provide the necessary documentation and justification for the 153
proposed dimensions and details of the carriage house that is proposed to be 154
reconstructed. Documentation shall provide sufficient detail to estimate the 155
approximate details of the carriage house., including: 156
157
(1) The approximate location of the carriage house on the site and estimated 158
setbacks; 159
(2) The approximate footprint shape and size; 160
(3) The approximate shape, slope, and details of the roof of the structure proposed 161
to be reconstructed; 162
(4) The approximate height of the structure in feet, based on the scale of existing 163
buildings or structures that are also visible in historic documentation or the 164
dimensions of the historic building materials, if available. The approximate 165
height shall include wall height and roof height; and 166
(5) The location, arrangement, size, and details of any window or door, including 167
carriage entries. 168
169
2. Application Requirements: An application to reconstruct a historic carriage house 170
shall be considered an application for new construction and include all the application 171
requirements for new construction in this section and documentation requirements in 172
Subsection 1.b above. Modifications authorized: The following modifications are 173
authorized for reconstruction in accordance with this Subsection: 174
a. Density: The qualifying provisions for density found in the minimum lot area and 175
lot width tables of the zoning district do not apply to the proposed reconstruction, 176
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and in the RMF-30 zoning district, the minimum lot size per dwelling unit does 177
not apply. 178
b. Multiple buildings on a single parcel: If the reconstruction results in multiple 179
buildings on a single parcel, the buildings are allowed without each building 180
having street frontage. 181
182
3. Compliance with additional codes: An application for reconstruction shall comply 183
with all applicable codes, regulations and engineering standards that have been 184
adopted by the State of Utah or the city. 185
186
4. Approval Standards: In considering an application for a certificate of appropriateness 187
involving reconstruction, the historic landmark commission shall grant the certificate 188
if it finds the project complies with all of the following standards An application to 189
reconstruct a historic carriage house shall be subject to the following standards. An 190
application shall be approved if the following standards are complied with: 191
192
a. Reconstruction shall only be used to depicts only vanished or non-surviving 193
portion of a property when documentary and physical evidence is available to 194
permit accurate reconstruction with minimal conjecture;. 195
b. Reconstruction will and includes measures to preserve any remaining historic 196
materials, features, and spatial relationships;. 197
c.b. The Rreconstruction will be based on the is an accurate duplication of historic 198
features and elements substantiated by documentary or physical evidence. When 199
evidence is not available, rather than on conjectural designs may be allowed if 200
supported by research of similar structures of the same era as the original 201
structure. or the availability of different features from other historic properties. A 202
reconstructed property will re-create the appearance of the non-surviving historic 203
property in materials, design, color, and texture; 204
dc. Proposed dDesigns that were never executed historically will not be 205
allowed.constructed or considered; 206
d. The proposed structure replicates the size, shape, location, orientation, material and 207
design of the original structure. 208
e. The proposed structure replicates character defining features and details of the 209
original structure. 210
e. The proposed carriage house shall match the footprint size, shape, and location on 211
the property based on the historic documentation provided by the applicant. 212
Historic documentation shall be used to approximate the location and dimensions 213
of the structure; 214
f. The the carriage house shall match the approximate roof shape of the original 215
carriage house; 216
g. The entryways into the house, including reconstructed entryways for carriages, 217
shall approximately match historic entryways commonly found on carriage 218
houses from the same era as the original carriage house; and 219
h. Impacts to adjacent properties, including but not limited to solar access, noise, light 220
trespass, refuse storage, and mechanical equipment locations, parking locations, 221
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have been mitigate or can be mitigated through the site layout, appropriate 222
buffering, and/or building designs. 223
224
4. Complying With Additional Codes: An application approved under this section shall 225
comply with all applicable codes, regulations and engineering standards that have 226
been adopted by the State of Utah or the city. 227
228
5. Additional requirements for reconstruction of a carriage house on a landmark site: 229
a. Subdivision Prohibited: Further subdivision of the property after approval of a 230
reconstruction under this section is prohibited and portions of Section 21A.38.060 231
authorizing subdivisions of lots with more than two principal buildings shall not 232
be applicable. 233
b. Updated Intensive Level Survey: If reconstruction is approved, the applicant shall 234
provide the city an updated intensive level survey to document the changes to the 235
landmark site. 236
c. 6.Allowed Uses After Reconstruction: The following uses shall be allowed in a 237
reconstructed carriage house approved under this section: 238
a(1). A single-family dwelling, regardless of lot area, lot width or street 239
frontage; 240
b(2). Any accessory use authorized in the underlying zoning district or 241
overlay district; or 242
c(3). Accessory dwelling units subject to the applicable regulations for 243
accessory dwelling units. 244
245
6. Restrictive covenant for reconstruction after demolition: In the case of a reconstruction after 246
demolition without a certificate of appropriateness, the property owner shall enter into a 247
legally binding restrictive covenant, the form of which shall be approved by the city 248
attorney. The restrictive covenant shall be recorded on the property with the Salt Lake 249
County Recorder prior to issuance of a certificate of appropriateness for the reconstruction 250
required pursuant to 21A.34.020.N.3. The restrictive covenant shall, without limitation: 251
a. Acknowledge the required reconstruction; 252
b. Prohibit demolition and major alterations to the reconstructed structure for 25 253
years from the date of the issuance of the certificate of occupancy, transferrable to 254
any future property owner; 255
c. Identify the nature of the approval and any conditions thereof; 256
d. Require compliance with all applicable regulations; and 257
e. Identify the city’s remedies for any violation of the covenant. 258
259
7. Historic status for reconstruction after demolition: Following reconstruction, the 260
zoning administrator shall issue a historic status determination in accordance with 261
section 21A.34.020.D, indicating the historic status of the reconstructed structure as 262
noncontributing. Any future historic resource survey or status determination shall 263
evaluate the reconstructed structure on its own merits. Modifications Authorized: In 264
considering a proposal to reconstruct a carriage house under this section, the historic 265
landmark commission may modify the following standards upon finding that the 266
proposal complies with the applicable standards: 267
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268
a. Minimum lot area when the lot does not contain the minimum lot area for an 269
additional dwelling unit; 270
b. Modifications to Sections 21A.36.010 and 21A.36.020; and 271
c. Any authorized modification identified in Section 21A.06.050. 272
273
8. Updated Intensive Level Survey Required: If approved, the applicant shall provide 274
the city and updated intensive level survey to document the changes to the site. 275
276
SECTION 8. Enacting the text of Subsection 21A.34.020.N. That a new Subsection 277
21A.34.020.N of the Salt Lake City Code (Zoning: Overlay Districts: H Historic Preservation 278
Overlay District) is hereby enacted as follows: 279
280
N. Enforcement: Any property on which work is done without a certificate of appropriateness 281
when such is required under 21A.34.020, shall be subject to the enforcement process 282
established in Section 21A.20. As applicable, the city shall have the following additional 283
remedies as set forth below: 284
285
1. Any work done in violation of this chapter, and which does not comply with or 286
cannot be made to comply with the standards of this chapter shall be undone. The 287
structure or site shall be restored to its condition prior to such unlawful alteration to 288
the greatest extent possible without further damage. 289
2. A request for historic status determination as outlined in 21A.34.020.D to change 290
the status from contributing to noncontributing based on work done without a 291
certificate of appropriateness shall be rejected. 292
3. In the case of demolition of a contributing principal structure or local landmark site 293
without a certificate of appropriateness, a certificate of noncompliance will be 294
issued and recorded against the property prohibiting redevelopment for 25 years 295
unless the proposed redevelopment is for reconstruction as permitted by 296
21A.34.020.M. 297
298
SECTION 9. Amending the text of Subsection 21A.38.040.H.5. That Subsection 299
21A.38.040.H.5 of the Salt Lake City Code (Zoning: Nonconforming Uses and Noncomplying 300
Structures: Nonconforming Uses: Modifications to Nonconforming Uses) shall be, and hereby is 301
amended to read as follows: 302
5. Deterioration Oor Destruction Oof Structure Wwith Aa Nonconforming Use: 303
Restoration of a deteriorated, damaged or destroyed structure and continuance of a 304
nonconforming use shall be subject to the following: 305
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a. If a building or structure that contains a nonconforming use is allowed to 306
deteriorate to a condition that the structure is rendered uninhabitable as 307
determined by the building official and is not repaired or restored within one year 308
after written notice to the property owner that the structure is uninhabitable, the 309
nonconforming use will cease to be legal. 310
b. If a building or structure that contains a nonconforming use is voluntarily razed, 311
or is required by law to be razed, the nonconforming use shall not be resumed. 312
c. If a property owner has voluntarily demolished seventy five percent (75%) or 313
more of the perimeter wall length and area dimensions of the exterior walls and/or 314
total floor area of a structure, the structure shall not be restored. 315
d. A nonconforming use may be restored when reconstruction is approved according 316
to the provisions of 21A.34.020.M.1.a. 317
d. e. If a building or structure that contains a nonconforming use is involuntarily 318
destroyed in whole or in part due to fire or other calamity and the structure or use 319
has not been abandoned, the nonconforming use may be resumed and the building 320
or structure may be restored to the condition prior to the destruction, provided 321
such work is reasonably pursued in a time frame determined by the building 322
official after such calamity. 323
324
SECTION 10. Amending the text of Subsection 21A.38.050.G. That Subsection 325
21A.38.040.G of the Salt Lake City Code (Zoning: Nonconforming Uses and Noncomplying 326
Structures: Noncomplying Structures) shall be, and hereby is amended to read as follows: 327
G. Deterioration, Damage Oor Destruction Oof Noncomplying Structure: Restoration of a 328
deteriorated, damaged or destroyed noncomplying structure shall be subject to the 329
following: 330
1. If a noncomplying structure is allowed to deteriorate to a condition that the structure 331
is rendered uninhabitable as determined by the building official and is not repaired or 332
restored within one year after written notice to the property owner that the structure is 333
uninhabitable, the noncomplying structure status will be lost and requires either 334
complete demolition or compliance with the standards of the zoning district in which 335
the structure is located. 336
2. If a property owner or authorized representative voluntarily demolishes a 337
noncomplying structure or the noncomplying structure is required by law to be razed, 338
the structure shall not be restored unless it is restored to comply with the regulations 339
of the zone in which it is located. Demolition of a noncomplying structure includes 340
any act or process that destroys or removes seventy five percent (75%) or more of the 341
perimeter wall length and area dimensions of exterior walls and/or total floor area of a 342
structure. 343
3. A noncomplying structure may be restored when reconstruction is approved 344
according to the provisions of 21A.34.020.M.1.a. 345
3. 4. If a noncomplying structure is involuntarily destroyed in whole or in part due to fire 346
or other calamity and the structure or use has not been abandoned, the structure may 347
be restored to its original condition with respect to building footprint, setback, height 348
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and other noncomplying dimensional standards of the zoning district in which the 349
structure is located, provided such work is started within one year, unless a longer 350
time frame is approved by the building official, after such calamity. 351
352
353
SECTION 11. Amending the text of Section 21A.62.040. That Section 21A.62.040 of the 354
Salt Lake City Code (Zoning: Definitions: Definitions of Terms) shall be and hereby is amended 355
to add the following definitions, which shall be inserted in alphabetical order and shall read as 356
follows: 357
RECONSTRUCTION (AS IT APPLIES TO PROPERTIES WITHIN THE H HISTORIC 358
PRESERVATION OVERLAY DISTRICT): The act or process of depicting, by means of new 359
construction, the form, features, and detailing of a non-surviving site, landscape, building, 360
structure, or object for the purpose of replicating its appearance at a specific period of time and 361
in its historic location. 362
363
SECTION 12. Adopting a “Reconstruction” fee in the Consolidated Fee Schedule. That 364
the section of the Salt Lake City consolidated fee schedule titled, “Zoning Fees: Historic 365
Landmarks Commission Review (Application)” shall be, and hereby is amended to add a new 366
“Reconstruction” fee, which shall read as follows: 367
Service Fee Additional Information Section
Reconstruction $2,982 See also fee for required public notices (21A.10.010 E) 21A.34.020
368
369
SECTION 13. Effective Date. This Ordinance shall become effective on the date of its 370
first publication. 371
372
Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 373
2024. 374
______________________________ 375
CHAIRPERSON 376
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ATTEST AND COUNTERSIGN: 377
378
______________________________ 379
CITY RECORDER 380
381
Transmitted to Mayor on _______________________. 382
383
384
Mayor’s Action: _______Approved. _______Vetoed. 385
386
______________________________ 387
MAYOR 388
______________________________ 389
CITY RECORDER 390
(SEAL) 391
392
Bill No. ________ of 2024. 393
Published: ______________. 394
Ordinance for Work Without a COAv2 395
2. CHRONOLOGY
PROJECT CHRONOLOGY
Petition: PLNPCM2023-00336
May 1, 2023 Mayor signed the petition initiation to address unlawful construction
and demolition activities in the H Historic Preservation Zoning District
Overlay.
May 5, 2023 Petition assigned to Katia Pace, Principal Planner, for processing and
research.
October 3, 2023 Notice emailed to recognized organizations citywide.
October 10, 2023 Proposed code changes posted to the Planning Division’s webpage as
an online open house.
November 1, 2023 Petition re-assigned to Mayara Lima, Planning Manager-Zoning
Administrator.
November 2, 2023 Briefing with the Historic Landmark Commission.
November 8, 2023 Briefing with the Planning Commission.
December 22, 2023 HLC public hearing notice posted on City and State websites and
Planning Division listserv.
December 29, 2023 HLC Staff Report posted online and sent to the Historic Landmark
Commission.
December 29, 2023 PC public hearing notices were posted on City and State websites and
at city library.
January 4, 2024 PC Staff Report posted online and sent to the Planning Commission.
January 4, 2024 HLC held the public hearing and forwarded a positive recommendation
with modifications to City Council.
January 10, 2024 PC held the public hearing and forwarded a positive recommendation
to City Council.
January 11, 2024 Ordinance corrections forwarded to the Attorney’s Office.
March 19, 2024 Ordinance returned from the Attorney’s Office.
March 19, 2024 Transmitted to CAN administration.
3. NOTICE OF PUBLIC HEARING
NOTICE OF PUBLIC HEARING
The Salt Lake City Council is considering Petition PLNPCM2023-00336 – Enforcement on work without a
Certificate of Appropriateness – Mayor Erin Mendenhall has initiated a petition for a zoning text amendment
to address unlawful construction and demolition activities in the H Historic Preservation Zoning District
Overlay. The purpose of the petition is to protect historic resources, which includes designated local historic
districts and local landmark sites. The text changes are aimed at adding enforcement tools to prevent and
counter potential code violations and at establishing a clear process to remedy alterations or demolition that
occur without approval. The proposed changes will affect Chapter 21A.34.020 and related provisions of
Title 21A-Zoning.
As part of their study, the City Council is holding an advertised public hearing to receive comments
regarding the petition. During the hearing, anyone desiring to address the City Council concerning this issue
will be given an opportunity to speak. The Council may consider adopting the ordinance the same night of
the public hearing.
DATE:
PLACE: Electronic and in-person options.
451 South State Street, Roon 326, Salt Lake City, Utah
** This meeting will be held via electronic means, while also providing an in-person opportunity to
attend or participate in the hearing at the City and County Building, located at 451 South State
Street, Room 326, Salt Lake City, Utah. For more information, including Zoom connection
information, please visit www.slc.gov/council/virtual-meetings. Comments may also be provided by
calling the 24-hour comment line at (801) 535-7654 or sending an email to
council.comments@slcgov.com. All comments received through any source are shared with the
Council and added to the public record.
If you have any questions relating to this proposal or would like to review the file, please call Cassie
Younger at 801-535-6211 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, or via e-
mail at mayara.lima@slcgov.com. The application details can be accessed at
https://citizenportal.slcgov.com/, by selecting the “planning” tab and entering the petition number
PLNPCM2023-00336.
The City & County Building is an accessible facility. People with disabilities may make requests for
reasonable accommodation, which may include alternate formats, interpreters, and other auxiliary aids and
services. Please make requests at least two business days in advance. To make a request, please contact
the City Council Office at council.comments@slcgov.com, 801-535-7600, or relay service 711.
4. ADDITIONAL PUBLIC COMMENT
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What we need in addition to this proposal are
‐data on the outcomes of enforcement, including cases before this Commission
‐increased benefits for owners of contributory structures through density bonuses not linked to requirements
for affordable housing
‐implementation of transfer of development rights
‐focus on compatible mass and scale for new construction after examining the relationship between base
zoning and overlay zoning
‐addressing so‐called acts of God such as fires in vacant buildings God does not burn historic buildings.
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