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Legislative Version Ordinance - 3/25/2024 1 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 2 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 3 LEGISLATIVE DRAFT 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 4 LEGISLATIVE DRAFT 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 5 LEGISLATIVE DRAFT 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 6 LEGISLATIVE DRAFT 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 7 LEGISLATIVE DRAFT 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 8 LEGISLATIVE DRAFT 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 9 LEGISLATIVE DRAFT 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 10 LEGISLATIVE DRAFT 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 11 LEGISLATIVE DRAFT 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