21A.34.020: H HISTORIC PRESERVATION OVERLAY DISTRICT:
   A.   Purpose Statement: In order to contribute to the welfare, prosperity and education of the people of Salt Lake City, the purpose of the H Historic Preservation Overlay District is to:
      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 C15 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 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 C15 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 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 C15 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.
   WILLFUL 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 21A.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, 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 21A.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 C3 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 C5b 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 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 C4 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 C4 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:
         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 C15 of this section and the zoning map amendment criteria in section 21A.50.050, "Standards For General Amendments", of this title.
         f.   Verification that a neutral informational pamphlet was sent per subsection C4 of this section to all property owners within a proposed local historic district following the presubmittal process outlined in subsection C3 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: Following the property owner meeting, the Planning Division will conduct an open house for the owners of property within the proposed boundaries of the local historic district or thematic designation to provide the information described in subsections C8a and C8b 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 C15, "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 21A.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 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 (2/3) 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 C13b(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.
         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 be 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 of a landmark site, local historic district or thematic designation, the City shall provide notice of the action to all owners of property within the boundaries of the 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 H 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
         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 C15 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 C15 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 C15 of this section.
      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 C15 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 C15 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 C15 through C19 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
         b.   Additional information indicates that the landmark site does not comply with the criteria for selection of a landmark site as outlined in subsection C15 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 H Historic Preservation Overlay District, or the designation of a landmark site, no alteration in the exterior appearance of a structure, site, object or work of art affecting the landmark site or a property within the H Historic Preservation Overlay District shall be made or permitted to be made unless or until the application for a certificate of appropriateness has been submitted to, and approved by, the Historic Landmark Commission, or administratively by the Planning Director, as applicable, pursuant to subsection F of this section. Certificates of appropriateness shall be required for:
      1.   Any construction needing a building permit;
      2.   Removal and replacement or alteration of architectural detailing, such as porch columns, railing, window moldings, cornices and siding;
      3.   Relocation of a structure or object on the same site or to another site;
      4.   Construction of additions or decks;
      5.   Alteration or construction of accessory structures, such as garages, etc.;
      6.   Alterations to windows and doors, including replacement or changes in fenestration patterns;
      7.   Construction or alteration of porches;
      8.   Masonry work including, but not limited to, tuckpointing, sandblasting and chemical cleaning;
      9.   The construction or alterations of site features including, but not limited to, fencing, walls, paving and grading;
      10.   Installation or alteration of any exterior sign;
      11.   Any demolition;
      12.   New construction; and
      13.   Installation of an awning over a window or door.
   F.   Procedure For Issuance Of Certificate Of Appropriateness:
      1.   Administrative Decision: Certain types of construction or demolition may be approved administratively subject to the following procedures:
         a.   Types Of Construction: The following may be 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 21A.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 21A.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 21A.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 be reviewed according to the standards set forth in subsections G and H of this section, whichever is applicable.
         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 F1b 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.
         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 F1c of this section, however specific requirements for new construction shall include the following information unless deemed unnecessary by the Zoning Administrator:
            (1)   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;
            (11)   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.
         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 21A.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;
      4.   Alterations or additions that have acquired historic significance in their own right shall be retained and preserved;
      5.   Distinctive features, finishes and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved;
      6.   Deteriorated architectural features shall be repaired rather than replaced wherever feasible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other structures or objects;
      7.   Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible;
      8.   Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant cultural, historical, architectural or archaeological material, and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment;
      9.   Additions or alterations to structures and objects shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired. The new work shall be differentiated from the old and shall be compatible in massing, size, scale and architectural features to protect the historic integrity of the property and its environment;
      10.   Certain building materials are prohibited including the following:
         a.   Aluminum, asbestos, or vinyl cladding when applied directly to an original or historic material.
      11.   Any new sign and any change in the appearance of any existing sign located on a landmark site or within the H 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.
   H.   Standards For Certificate Of Appropriateness Involving New Construction Or Alteration Of A Noncontributing Structure: In considering an application for a certificate of appropriateness involving new construction, or alterations of noncontributing structures, the Historic Landmark Commission, or Planning Director when the application involves the alteration of a noncontributing structure shall, 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:
      1.   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.
            (1)   Pedestrian: Safe pedestrian access is provided through architecturally highlighted entrances and walkways, consistent with patterns common in the historic context and the block face.
            (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 HVAC systems, venting fans, and dumpsters) are located such that they are 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.
            (1)   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 back 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 block face. These articulations are of similar dimension to those found elsewhere in the context, but have a depth of not less than twelve inches (12").
            (1)   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 eighty percent (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 complementary 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;
      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 O 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 C15b 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;
         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 Code.
      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 K1 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 K1 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 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 J2 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 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 an 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:
            (1)   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.
         d.   The feasibility of alternative uses for the property as considered in relation to the following:
            (1)   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 identifies what is deficient if the building does not meet minimum City Building Code standards or violations of this Code.
         h.   Consideration of map amendment, conditional use, special exception or other land use processes to alleviate hardship.
      3.   Procedure For Determination Of Economic Hardship: 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.
         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 section. 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 year. Extensions of time for an approved certificate of appropriateness for demolition shall be subject to subsection 21A.10.010D of this title.
         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.   Appeal: 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.
   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 be 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 Lake 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 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 extension shall be required not less than thirty (30) days prior to the twelve (12) month time period. (Ord. 48-21, 2021: Ord. 9-18, 2018)