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. Provide the means to manage alterations to historic structures to encourage beneficial use and viability of the building while protecting an individual building's contributing status.
3. Encourage new development and redevelopment of properties that is compatible with the character of existing development of historic districts or individual landmarks;
4. Abate the destruction and demolition of historic structures;
5. Implement adopted plans of the city related to historic preservation;
6. Foster civic pride in the history of Salt Lake City;
7. Protect and enhance the attraction of the city's historic landmarks and districts for tourists and visitors;
8. Foster economic development consistent with historic preservation; and
9. Encourage social, economic and environmental sustainability.
B. Applicability: All properties located within the boundaries of a local historic district, part of a thematic designation, or designated as a landmark site are subject to the requirements of this chapter.
1. Applicable Standards: The applicable standards of this chapter are determined by the historic status rating of the property, either contributing or noncontributing, as identified in the most recent historic resource survey on file with the Salt Lake City Planning Division or a historic status determination issued in accordance with Subsection 21A.34.020.D.
C. Local Historic Designation, Amendments, or Revocation: Local Historic Designation, Adjustment, Expansion, or Revocation of a Landmark Site, Local Historic District or Thematic Designation shall follow the applicable procedures and standards in Chapter 21A.51 Local Historic Designation and Amendments.
D. Historic Status Determination:
1. Purpose: Historic status determinations are to address the historic status of individual structures within a local historic district on a case-by-case basis through robust review of documentation in order to render a timely decision on the historic status for circumstances outlined below.
2. Applicability: Historic status determinations may be rendered for properties within an existing local historic district using the considerations in Subsection 21A.34.020.D.7 to determine whether they are contributing or noncontributing to the local historic district for the following:
a. Unrated Properties: Properties that were inadvertently missed in a survey or not given a historic status rating;
b. Incorrectly Rated Properties: Properties that may have been given an incorrect status rating in a survey;
3. Authority: Historic status determinations shall be made by the zoning administrator in the form of an administrative interpretation.
4. Persons Entitled to Seek Historic Status Determinations: Application for a historic status determination may be made by the owner of the subject property or the owner's authorized agent. The planning director may also initiate a petition for a historic status determination.
5. Limitations: A historic status determination shall not:
a. Change the boundaries of the local historic district;
b. Be issued for landmark sites;
c. Be issued for structures that are not within period of significance in an adopted historic resource survey.
6. Application for Historic Status Determination: An administrative interpretation application may be made to the zoning administrator on a form provided, which shall include at least the following information, unless deemed unnecessary by the zoning administrator:
a. The applicant's name, address, telephone number, e-mail address and interest in the subject property. 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;
b. The street address, legal description and tax number of the subject property;
c. Current and historic photographs;
d. Any historic resource surveys and reports on record in the Planning Division or the Utah State Historic Preservation Office;
e. Description of any alterations to the structure and the date of approval for any alterations;
f. The historic status rating the applicant believes to be correct. When the request is to change the historic status rating, the applicant shall state in the application the reason(s) the existing historic rating is incorrect and why it should be changed based on the considerations in Subsection 21A.34.020.D.7, or provide an intensive level historic resource survey conducted in accordance with the Utah State Preservation Office standards for building surveys addressing the considerations in Subsection 21A.34.020.D.7 for analysis by the zoning administrator.
g. Any other information the zoning administrator deems necessary for a full and proper consideration of the particular application.
7. Considerations for Historic Status Determinations: A historic status determination may include the following considerations:
a. Whether alterations that have occurred are generally reversible.
b. Whether the building contributes to an understanding of a period of significance of a neighborhood, community, or area.
c. Whether or not the building retains historic integrity in terms of location, design, setting, materials, workmanship, feeling and association as defined in Section 21A.62.040. The analysis shall take into consideration how the building reflects the historical or architectural merits of the overall local historic district in which the resource is located. When analyzing historic integrity of a building as part of a local historic district, the collective historic value of the buildings and structures in a local historic district taken together may be greater than the historic value of each individual building or structure in a district.
8. Decision: Written findings documenting the historic status determination shall be sent to the applicant and members of the historic landmark commission and kept on file in city records.
9. Updating Records: If the historic status determination is different than the property's historic rating in the most recent historic resource survey, the determination will stand, and the city's applicable historic resource survey(s) will be updated to reflect the determination.
10. Appeal of Decision: Any person adversely affected by a final decision made by the zoning administrator interpreting a provision of this title may appeal to the appeals hearing officer in accordance with the provisions of Chapter 21A.16 of this title.
E. Certificate of Appropriateness Required: No alteration in the exterior appearance of a structure, site, or object affecting a property within the H Historic Preservation Overlay District shall be made until an application for a certificate of appropriateness is approved by the historic landmark commission, or administratively by the planning director, as applicable, pursuant to Subsection F of this section.
1. A certificate of appropriateness shall be required for all of the following:
a. Any exterior alteration to the property or any structure on the property unless specifically exempted under Subsection 21A.34.020.E.2;
b. New construction;
c. Relocation of a structure or object on the same site or to another site;
d. Demolition; and
e. Reconstruction
2. Exemptions: The following are exempt from obtaining a Certificate of Appropriateness:
a. Installation of storm windows;
b. Landscaping that:
(1) Complies with the standards of this title;
(2) Does not include a wall fence or grade changes; and
(3) Is not an attribute that is a character defining feature of the property or streetscape;
c. Painting of surfaces that does not include unpainted stone, brick or cement;
d. Plaques, boxes, and other similar objects that measure 18 inches or less in any dimension, contain no electrical components, and are attached to exterior finish material or mounted through mortar joints when on a masonry wall;
e. Electrical, gas, or water meters or outlets, including electric vehicle charging outlets, that are in a location that is not visible from the public right of way;
f. Heating, ventilation and air conditioning systems that do not require new conduit and are not visible from the public right of way; and
g. Solar energy collection systems meeting the priority locations outlined in Subsections 21A.40.190.B.3.a through 21A.40.190.B.3.c.
F. Procedure for Issuance of Certificate of Appropriateness:
1. Administrative Authority: The following may be decided by the planning director or designee:
a. Minor alteration of or addition to a landmark site or contributing building or structure;
b. Alteration of or addition to a noncontributing building or structure;
c. Partial demolition of either a landmark site or a contributing principal building or structure;
d. Demolition of an accessory building or structure; and
e. Demolition of a noncontributing building or structure.
2. Historic Landmark Commission Authority: The following shall only be decided by the historic landmark commission:
a. Substantial alteration or addition to a landmark site or contributing site, building, and/or structure;
b. New construction of a principal building in the H Historic Preservation Overlay District;
c. Relocation of a landmark site or contributing principal building;
d. Demolition of a landmark site or contributing principal building;
e. Economic hardship determination;
f. Reconstruction; and
g. Applications referred by the planning director.
3. Submission of Application: An application for a certificate of appropriateness shall be made on an application form prepared by the zoning administrator and accompanied by applicable fees as noted in the Salt Lake City consolidated fee schedule. The applicant shall also be responsible for payment of all mailing fees established for required public noticing.
a. General Application Requirements: A complete application shall include the following 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) Current and historic photographs of the property
(6) 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;
(7) Elevation drawings and details for all impacted facades;
(8) Illustrative photos and or samples of all proposed façade materials;
(9) Building, wall, and window section drawings;
(10) Any further information or documentation as the zoning administrator deems necessary in order to fully consider and analyze the application.
b. New Construction Application Requirements: In addition to the general application requirements listed above, applications for new construction of a primary structure shall include the following unless deemed unnecessary by the zoning administrator:
(1) A context plan showing property lines, building footprints, front yard setbacks, adjacent streets and alleys, historic district boundaries, contributing/noncontributing structures and landmark sites;
(2) A streetscape study which includes height measurements for each primary structure on the block face;
(3) Renderings that show the new construction in relation to neighboring buildings; and
(4) Renderings that show the new construction from the pedestrian perspective.
c. Reconstruction Application Requirements: In addition to the general application requirements listed above, applications for reconstruction shall include drawings and photographs of the original structure that justify the dimensions and details of the proposed structure. The applicant shall provide documentation that indicates the original structure's approximate:
(1) Location on the site and the estimated setbacks.
(2) Building footprint, including shape and size.
(3) Roof shape, slope and details.
(4) Building height, including wall height and roof height.
(5) Openings, including location, arrangement, size and details of any window or door openings. For reconstruction of carriage house, include carriage entries.
(6) Exterior building materials.
4. Notice: Applications for a certificate of appropriateness are subject to the notification requirements of Chapter 2.60 of this code. An application for a certificate of appropriateness for demolition of a noncontributing building or structure shall require notice 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 Chapters 2.60 and 21A.10 of this title.
5. Standards for Approval: Applications for a certificate of appropriateness shall be reviewed according to the standards set forth in Subsections G through M of this section, whichever are applicable.
6. Administrative Decisions: The planning director or designee shall approve, conditionally approve, or deny the application for a certificate of appropriateness based upon written findings of fact. The decision of the planning director or designee shall become effective upon issuance of the certificate of appropriateness or of the findings and order in the case of an administrative denial.
a. Referral of Application to Historic Landmark Commission: The planning director or designee may refer any application to the historic landmark commission due to the complexity of the application, the significance of change to the structure or site, or the need for consultation for expertise regarding architectural or other preservation issues.
7. Historic Landmark Commission Decisions: The historic landmark commission shall hold a public hearing to review the application in accordance with the standards and procedures set forth in Chapter 21A.10 of this title. The historic landmark commission shall approve, conditionally approve, or deny the application based upon written findings of fact. The decision of the historic landmark commission shall become effective at the time the decision is made. Following a decision from the historic landmark commission to approve a certificate of appropriateness, the planning director or designee shall issue a certificate of appropriateness after all conditions of approval are met except for demolition of contributing principal buildings and landmark sites as outlined in Subsection 21A.34.020.F.8.
8. Requirements for Certificate of Appropriateness for Demolition: The certificate of appropriateness for demolition of a contributing principal building or landmark site shall not be issued until the following criteria is satisfied:
a. The appeal period associated with the approval has expired.
b. The landmark commission has granted approval for a new building that will replace the landmark site or contributing principal building to be demolished. The requirement for replacing the contributing principal building or landmark site with a new building may be waived by the historic landmark commission if a new development or redevelopment plan that includes the principal building to be demolished is approved by the historic landmark commission.
c. The certificate of appropriateness for demolition shall be issued simultaneously with the certificate of appropriateness and building permits for the replacement building.
9. Revocation of the Designation of a Landmark Site: If a landmark site is approved for demolition, the property shall not be removed from the H Historic Preservation Overlay District until the building has been demolished and revocation of the designation of a landmark site has been approved in accordance with Section 21A.51.050, Local Historic Amendments Process.
10. 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 for consultation and of the final decision.
11. Expiration of Approvals: No certificate of appropriateness shall be valid for a period of longer than one (1) year unless a building permit has been issued or complete building plans have been submitted to the Salt Lake City 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 one (1) year time period.
12. Appeal of Decisions: Any person adversely affected by a final decision of the historic landmark commission, or in the case of administrative decisions, the planning director or designee, may file an appeal in accordance with the provisions of Chapter 21A.16 of this title.
13. Posting Certificate of Appropriateness. After issuance of any applicable building or demolition permit, the applicant shall post the certificate of appropriateness at the subject property. The certificate of appropriateness shall be posted as a sign where it is visible from the public sidewalk during the period of construction activity. Once the sign is posted, the applicant shall submit to the zoning administrator a time stamped photo that verifies the sign was posted in accordance with this subsection. If the sign is removed for any reason during the period of construction, the applicant shall post a new sign.
G. Standards for Alteration of a Landmark Site or Contributing Structure or New Construction of an Accessory Structure: In considering an application for a certificate of appropriateness for alteration of a landmark site or contributing structure, or new construction of an accessory structure associated with a landmark site or contributing structure, the historic landmark commission, or the planning director, for administrative decisions, shall, using the adopted design guidelines as a key basis for evaluation, find that the project substantially complies with all of the following standards:
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:
a. Aluminum, asbestos, or vinyl cladding; and when applied directly to an original or historic material.
b. Vinyl fencing.
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 (12) inches.
(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. 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. Windows: Windows and other openings are incorporated in a manner that reflects patterns, materials, and detailing established in the district and/or setting.
a. Window installation depth: Window reveals shall be a minimum of three inches.
b. Prohibited window material: Vinyl windows are not considered to be historically appropriate nor durable, and are prohibited except when incorporated as part of a development utilizing the affordable housing incentives under Section 21A.52.050.
8. 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 Relocation: 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 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 21A.34.020.F.10; or
2. A determination of economic hardship has been granted by the historic landmark commission pursuant to the provisions of Subsection 21A.34.020.L.
K. Standards for Demolition of a Contributing Principal Building: 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. The historic integrity of the site as defined in Section 21A.62.040 is no longer evident and the site no longer meets the definition of a contributing building or structure in Section 21A.62.040;
2. 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;
3. 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;
4. The base zoning of the site does not permit land uses that would allow the adaptive reuse of the contributing principal building;
5. The contributing principal building has not suffered from willful neglect, as evidenced by the following:
a. Willful 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,
b. Failure to perform routine and appropriate maintenance and repairs to maintain the structural integrity of the contributing principal building, or
c. Failure to secure and board the contributing principal building, if vacant, per Section 18.64.045 of this code.
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 shall be submitted at the same time as an application for demolition of a landmark site to meet the standard of Subsection 21A.34.020.J.2 of this section.
1. Application for Determination of Economic Hardship: An application for a determination of economic hardship shall be made on a form provided by the zoning administrator and accompanied by applicable fees as noted in the Salt Lake City consolidated fee schedule.
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. Physical 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; and
(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 demonstrated 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 a professional with demonstrated experience in rehabilitation of older buildings 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 and whether any exceptions within Chapter 12 Historic Buildings of the IEBC, or its successor, could be used to resolve those deficiencies.
h. Consideration of map amendment, conditional use, or other land use processes to alleviate hardship.
3. Procedure for Determination of Economic Hardship:
a. Appointment of Qualified Expert: 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.
(1) The extent of the Authority: The planning director's appointed qualified expert is limited to rendering advice and testimony to the historic landmark commission and has no decision-making capacity.
(2) The planning director's appointed qualified expert shall have considerable and demonstrated experience in appraising, renovating, or restoring historic properties, real estate development, economics, accounting, finance and/or law.
(3) 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.
b. Review of Evidence: The historic landmark commission shall hold a public hearing in accordance with the standards and procedures set forth in Chapter 21A.10 of this title to consider the evidence submitted, and the advice and testimony of the planning director's appointed qualified expert.
c. 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, and if the historic landmark commission finds that the applicant has presented sufficient information supporting a determination of economic hardship, then the historic landmark commission shall approve the demolition. In order to show that all beneficial or economically viable use cannot be obtained, the historic landmark commission must find that all of the following are met:
(1) The contributing principal building or landmark site cannot be economically used or rented at a reasonable rate of return in its present condition or if rehabilitated;
(2) The contributing principal building or landmark site cannot be put to any reasonable beneficial use in its present condition, or if rehabilitated;
(3) Bona fide efforts during the previous year to sell or lease the contributing principal building or landmark site at a reasonable price have been unsuccessful; and
(4) The hardship is not a mere reduction in economic value of the property, is not caused by the owner's financial ability to rehabilitate a property, is not caused by the owner's lack of due diligence to rehabilitate a property, or by any other self-imposed condition, such as demolition by neglect, intentional destabilization of the structure or a violation outlined in Section 21A.34.020.N.3.
d. Certificate of Appropriateness for Demolition: If the historic landmark commission finds an economic hardship, a certificate of appropriateness for demolition shall be issued in accordance with Subsection 21A.34.020.F.8.
e. 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.
M. Reconstruction:
1. Applicability:
a. Reconstruction after demolition without a certificate of appropriateness: If a landmark site or contributing structure is demolished without a certificate of appropriateness, an application for reconstruction will be considered in accordance with the provisions of this Subsection.
b. Reconstruction of a carriage house on a landmark site: An application for the reconstruction of a historic carriage house is allowed subject to the provision of this Subsection and if the following criteria are satisfied:
(1) The carriage house is located on a landmark site. For the purpose of this section, any site that has been further subdivided since the construction of the last principal building on the site shall be considered part of the landmark site.
(2) Documentation has been provided that indicates a carriage house associated with the historic period of the landmark site existed on the site. Documentation may include any property related record, prior survey, photographs, site plans, or similar records. It is the responsibility of the applicant to provide the necessary documentation and justification for the proposed dimensions and details of the carriage house that is proposed to be reconstructed. Documentation shall provide sufficient detail to estimate the approximate details of the carriage house.
2. Modifications authorized: The following modifications are authorized for reconstruction in accordance with this Subsection:
a. Density: The qualifying provisions for density found in the minimum lot area and lot width tables of the zoning district do not apply to the proposed reconstruction, and in the RMF-30 zoning district, the minimum lot size per dwelling unit does not apply.
b. Multiple buildings on a single parcel: If the reconstruction results in multiple buildings on a single parcel, the buildings are allowed without each building having street frontage.
3. Compliance with additional codes: An application for reconstruction shall comply with all applicable codes, regulations and engineering standards that have been adopted by the State of Utah or the city.
4. Approval Standards: In considering an application for a certificate of appropriateness involving reconstruction, the historic landmark commission shall grant the certificate if it finds the project complies with all of the following standards:
a. Reconstruction depicts only vanished or non-surviving portion of a property and includes measures to preserve any remaining historic materials, features, and spatial relationships.
b. The reconstruction is an accurate duplication of historic features and elements substantiated by documentary or physical evidence. When evidence is not available, conjectural designs may be allowed if supported by research of similar structures of the same era as the original structure.
c. Designs that were never executed historically will not be allowed.
d. The proposed structure replicates the size, shape, location, orientation, material and design of the original structure.
e. The proposed structure replicates character defining features and details of the original structure.
5. Additional requirements for reconstruction of a carriage house on a landmark site:
a. Subdivision Prohibited: Further subdivision of the property after approval of a reconstruction under this section is prohibited and portions of Section 21A.38.060 authorizing subdivisions of lots with more than two principal buildings shall not be applicable.
b. Updated Intensive Level Survey: If reconstruction is approved, the applicant shall provide the city an updated intensive level survey to document the changes to the landmark site.
c. Allowed Uses After Reconstruction: The following uses shall be allowed in a reconstructed carriage house approved under this section:
(1) A single-family dwelling, regardless of lot area, lot width or street frontage;
(2) Any accessory use authorized in the underlying zoning district or overlay district; or
(3) Accessory dwelling units subject to the applicable regulations for accessory dwelling units.
6. Restrictive covenant for reconstruction after demolition: In the case of a reconstruction after demolition without a certificate of appropriateness, the property owner shall enter into a legally binding restrictive covenant, the form of which shall be approved by the city attorney. The restrictive covenant shall be recorded on the property with the Salt Lake County Recorder prior to issuance of a certificate of appropriateness for the reconstruction required pursuant to Section 21A.34.020.N.3. The restrictive covenant shall, without limitation:
a. Acknowledge the required reconstruction;
b. Prohibit demolition and major alterations to the reconstructed structure for 25 years from the date of the issuance of the certificate of occupancy, transferrable to any future property owner;
c. Identify the nature of the approval and any conditions thereof;
d. Require compliance with all applicable regulations; and
e. Identify the city's remedies for any violation of the covenant.
7. Historic status for reconstruction after demolition: Following reconstruction, the zoning administrator shall issue a historic status determination in accordance with Section 21A.34.020.D, indicating the historic status of the reconstructed structure as noncontributing. Any future historic resource survey or status determination shall evaluate the reconstructed structure on its own merits.
N. Enforcement: Any property on which work is done without a certificate of appropriateness when such is required under Section 21A.34.020, shall be subject to the enforcement process established in Section 21A.20. As applicable, the city shall have the following additional remedies as set forth below:
1. Any work done in violation of this chapter, and which does not comply with or cannot be made to comply with the standards of this chapter shall be undone. The structure or site shall be restored to its condition prior to such unlawful alteration to the greatest extent possible without further damage.
2. A request for historic status determination as outlined in Section 21A.34.020.D to change the status from contributing to noncontributing based on work done without a certificate of appropriateness shall be rejected.
3. In the case of demolition of a contributing principal structure or local landmark site without a certificate of appropriateness, a certificate of noncompliance will be issued and recorded against the property prohibiting redevelopment for 25 years unless the proposed redevelopment is for reconstruction as permitted by Section 21A.34.020.M. (Ord. 34-24, 2024: Ord. 22-24, 2024: Ord. 67-23, 2023: Ord. 45-23, 2023: Ord. 48-21, 2021: Ord. 9-18, 2018)