HomeMy WebLinkAbout007 of 2026 - Text Amendment - Disposition of Alleys and StreetsSALT LAKE CITY ORDINANCE
No. 7 of 2026
Changes to City Code 14.52 governing the disposition of the City Owned Public Way and
amending 20.16.050 to make the disposition process consistent in the context of subdivision
application.
An ordinance rewriting 14.52 of the Salt Lake City Code to address the disposition of
streets and alleys and amending 20.16.050 of the Salt Lake City Code to make the disposition
process consistent in the context of a subdivision application.
WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a
public hearing on September 24, 2025, to consider proposed changes to City Code initiated by
Mayor Mendenhall to clarify the City’s disposition processes for streets and alleys; and
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. The text of Salt Lake City Code Chapter 14.52.010 through 14.52.050 is
repealed and replaced as provided below in Section 3. Chapter 14.52.060 through 14.52.090 is
added as proposed in Section 3.
SECTION 2. The text of Salt Lake City Code Subsection 20.16.050.B is hereby
amended as follows:
B. A subdivision application that includes closing or vacating a public street or alley
within the public way or vacating an easement that the city has a right to, shall be decided
by the city council after receiving a recommendation from the planning commission or
the planning director if no public hearing by the planning commission is required. The
process shall be in accordance with the requirements of Chapter 21A.10 and shall comply
with all other applicable requirements of 14.52.
SECTION 3. CHAPTER 14.52 DISPOSITION OF CITY OWNED PUBLIC WAY
SECTION:
14.52.010: Purpose
14.52.020: Applicability
14.52.030: Definitions
14.52.040: Application Requirements
14.52.050: Process to Close or Vacate City Owned Streets and Alleys Within the Public
Way
14.52.060: Factors for Closing or Vacating City Owned Streets and Alleys Within the
Public Way
14.52.070: Disposing of Vacated City Owned Streets and Alleys Within the Public Way
14.52.080: Closures
14.52.090: Appeals
14.52.010: PURPOSE:
The purpose of this chapter is to establish a process for the city council to decide if a city
owned street or alley within the public way should be closed or vacated. While the City
expresses a preference for the retention of all public ways, the decision to close or vacate
a city owned public way is at the discretion of the city council.
14.52.020: APPLICABILITY:
A. This chapter applies to any petition to close or vacate a city owned street or alley
within the public way.
B. Petitions that request to close or vacate a public street located within a platted
subdivision are also subject to the subdivision amendment process in Title 20.
14.52.030: DEFINITIONS:
A. The following definitions apply to the terms found in this chapter.
1. Alley: A public way within a block primarily intended for service and access to
abutting property by vehicles. An alley is not designed for general travel and not
used to certify property addresses.
2. City Owned: The public way that is subject to the jurisdiction of Salt Lake
City.
3. Closure: The act of eliminating the thoroughfare nature or passageway access
of the general public to a city owned public way, while retaining public ownership
of the property.
4. Public Way: As cited in City Code 14.32.015, means and includes all public
rights of way and easements, pathways, walkways and sidewalks, public streets,
public roads, public highways, public alleys, and public drainageways including
the surface, subsurface and above surface space, now or hereafter existing as such
within the city. It does not, however, include utility easements not within public
ways of the city.
5. Street: A vehicular way which may also serve for all or part of its width as a
way for pedestrian traffic, whether called street, highway, thoroughfare, parkway,
throughway, road, avenue, boulevard, lane, place, alley, mall or otherwise
designated.
5. Vacation: The act of eliminating, in full or in part, city ownership of a public
way.
14.52.040: APPLICATION REQUIREMENTS:
A. Eligibility to Apply:
1. The mayor may initiate a petition to close or vacate a city owned street or alley
within the public way by signature on a document that includes the purpose for
the closure or vacation and describing the specific location.
2. The city council may initiate a petition to close or vacate a city owned street or
alley within the public way by adopting a legislative intent.
3. A property owner who owns land that abuts a public way may request to close
or vacate a city owned street or alley within the public way by submitting a
petition and all application materials as provided for in this chapter.
B. Petition Requirements:
1. A petition submitted by a property owner that is not the city council or the
mayor shall include the following information:
a. A completed application on a form provided by the planning director.
b. The signatures of at least 75% of the property owners owning property that
abut the portion of the public way that is proposed to be closed or vacated.
c. A written description of the purpose and reasons for the proposed closure or
vacation.
d. A signed affidavit from the applicant that (1) all owners abutting the public
way have received a written notice of the applicant’s desire to close or vacate
the public way, and (2) all operators of utilities located within the bounds of
the public way have received a written notice of the applicant’s desire to close
or vacate the public way.
e. A description of any existing structure that may be located within the public
way, including the address of the abutting property where the structure may be
located.
f. A map of the proposed public way that is subject to the closure or vacation
that includes the dimensions of the approximate width, length, and area of the
proposal.
g. A written explanation of how the proposed closure or vacation aligns with
the factors in 14.52.050.
h. All required fees as outlined in the consolidated fee schedule.
2. If a petition is initiated by the mayor or the city council, then such petition shall
identify the department that will submit to the planning director:
a. The name and address of each owner of record of land that is adjacent to the
public way that is to be closed or vacated or accessed exclusively by or within
300 feet of the public way.
b. Proof of written notice to operators of utilities located within the bounds of
the public way sought to be vacated or closed.
c. The signature of each owner of record identified in subsection 2a that
consents to the vacation or closure.
14.52.050: PROCESS TO CLOSE OR VACATE CITY OWNED STREETS OR
ALLEYS WITHIN THE PUBLIC WAY:
A. Application Submittal: The petition shall be submitted to the planning director
with a copy to the City Engineer. After receiving the petition, the planning director
shall determine if the application is complete. An application may only be deemed
complete if all petition requirements have been submitted and fees paid.
B. Incomplete Applications: A petitioner who fails to provide all the required
information that is necessary to start a comprehensive, substantive review of the
application will be provided with one written notice of missing submittal
requirements. The notice shall itemize each item that is missing, including the citation
from this code and provide a deadline of 30 days to provide the missing information.
If a petitioner fails to submit the information or fails to negotiate a different deadline
to submit the information, the petition may be considered withdrawn and closed.
C. Public Engagement Period: All petitions to close or vacate a city owned street or
alley within the public way shall be subject to the public engagement requirements in
21A.10.
D. Public Hearing: If the planning commission holds a public hearing prior to making
a recommendation on the matter to the city council, notice of the public hearing shall
be subject to the public hearing requirements in 21A.10. Notice shall also be provided
to the Utah Department of Transportation as required in Utah Code 72-5-105(5)(b).
1. A public hearing shall be held by the planning commission if, after review by
the relevant city departments and the general public, any concerns or objections
are raised based on the factors described in 14.52.060.
2. The request is exempt from a public hearing and recommendation from the
planning commission if, after review by the City Engineer, relevant city
departments, and the general public, no concerns or objections are raised related
to the factors described in 14.52.060. In such case, the request shall proceed in
accordance with 14.52.050.E with a recommendation from the planning director.
E. Planning Commission Recommendation: After a public hearing, the planning
commission shall forward a recommendation to the city council regarding the
proposed closure or vacation. The recommendation shall be based on the applicable
factors listed in this chapter and the evidence, or lack of evidence, presented to the
planning commission. The planning commission may recommend approval, approval
with modifications or conditions, or denial of the petition. If the planning commission
does not act within 90 days of the public hearing, the recommendation shall be
considered a denial and forwarded to the city council for decision.
F. City Council Public Hearing: The city council shall hold a public hearing before
deciding on a petition to close or vacate a city owned street or alley within the public
way. The public hearing shall be noticed in the same manner as described in
14.52.040.C. After a public hearing is held, the city council may approve, approve
with modifications or conditions, or deny the petition.
G. Appraisal and Purchase and Sale Agreement: If the City Council approves a
petition to close or vacate a City-owned public way, and payment is required,
petitioner will be required to enter into a purchase and sale agreement and to remit
payment to the City in an amount equal to the fair market value, as determined by
Real Estate Services in accordance with City Code 2.58, adjusted only as authorized
by the City Council. The petitioner may be required to obtain, at the petitioner’s sole
expense, a current appraisal of the property prepared by a qualified third-party
appraiser using a methodology approved by the City.
H. Exceptions:
1. The provisions of this section are not required if the city is closing or vacating a
public way in accordance with Utah Code that exempts the petitioner from the
process herein.
14.52.060: FACTORS FOR CLOSING OR VACATING CITY OWNED STREETS OR
ALLEYS WITHIN THE PUBLIC WAY:
The following factors should be considered when deciding a petition to close or vacate a
city owned street or alley within the public way. A decision to close or vacate a city
owned street or alley within the public way is a matter committed to the legislative
discretion of the city council and is not controlled by any one factor and not all factors
will be applicable to every petition.
A. Lack Of Use: The city's legal interest in the property appears of record or is
reflected on an applicable plat; however, it is evident from an on-site inspection that
the right-of-way does not physically exist for the purpose of providing access. When
determining if lack of use exists, the city should consider:
1. The lack of evidence of physical use. A gate, fence, or other similar obstruction
installed to prevent access to the public way that has been installed without
approval from the city should not be considered evidence of lack of use;
2. Evidence that the public way never functioned to provide access to properties
that abut the public way;
3. The presence of accessory buildings, mature trees, or other similar items that
can be readily identifiable from photographs, aerial or satellite images, or other
records that demonstrate the item has been within the boundaries of the public
way prior to April 12, 1995.
B. Public Safety:
1. The existence of the public way is substantially contributing to crime, unlawful
activity, unsafe conditions, public health problems, or blight in the surrounding
area.
2. A closure or vacation will not have a detrimental impact on the ability to
provide emergency access to the public way or properties abutting the public way;
C. Community Purpose: The petitioners are proposing to convert the purpose of the
alley in favor of a community use, such as a neighborhood play area or garden;
D. Impact on General Plan: The proposed closure or vacation does not negatively
impact connectivity for future development that may occur based on the general plan
as defined in Title 19. For this factor, the following may be considered:
1. The closure or vacation does not impact any future active transportation project
by requiring new drive approaches on a public street that would result in
increased conflict points with the active transportation infrastructure or limits the
ability of the city to install active transportation infrastructure.
2. The closure or vacation reduces the ability to use the city owned public way to
improve overall connectivity in the vicinity based on the scale and intensity of
future land use identified in the general plan.
3. If the public way is specifically identified in the general plan on a map or with
policies that indicate the public way should be used for current or future
connectivity, including a midblock walkway, pedestrian path, trail, service area,
access to parking, or alternative transportation uses.
4. The closure or vacation will not jeopardize the ability to implement any policy,
action, or any aspect of the adopted general plan.
5. The closure or vacation will not result in a dead end or cul-de-sac in area where
street connectivity is identified in a general plan or when continuing the street
promotes access to property for future development identified on the applicable
future land use map.
E. Impact to Property: The proposed closure or vacation will not result in a parcel or
lot being deprived of access or landlocked or impact any development plans or
permits on properties that intend to use the public way for accessing private property.
F. Public Utilities: If the public way is considered essential for the location of future
public utilities, or the public way is required for access to public utility infrastructure,
any necessary reservations that preserve such space and access will be executed and
recorded by the City prior to disposition. The reservation(s) should ensure operations,
maintenance (including replacement or upgrading of the infrastructure), and access to
subsurface, surface and aerial infrastructure. Reservations should also ensure
emergency access to make repairs to any infrastructure within the public way.
G . Dimensions: The existing dimensions of the public way are not necessary to
provide safe and reasonable public access and reducing the size of the public way is
consistent with the other listed factors.
14.52.070: DISPOSING OF VACATED CITY OWNED STREETS OR ALLEYS
WITHIN THE PUBLIC WAY:
A. If a vacation of a city owned street or alley within the public way is approved by
the city council, the area vacated shall be disposed of according to the following:
1. If the public way was created by a recorded subdivision, the vacated public way
shall be split down the centerline with each side of the public way vesting to the
adjoining owner of record.
2. If the public way was created by a recorded subdivision but not all abutting
properties are within the boundaries of the recorded subdivision that the public
way is, the vacated public way shall be consolidated into the abutting properties
that are within the boundaries of the recorded subdivision.
3. If the public way is not part of a recorded subdivision, the vacated public way
shall be split down the centerline with each side of the public way vesting to the
adjoining owner of record except where prescribed by Utah State Code.
4. For vacations proposed by the city, the vacated land may be converted to a
lot(s) or parcel(s) for future development.
5. If the public way is partially vacated, the vacated portion may be combined
with properties on one side of the public way, both sides of the property, or may
create a new lot or parcel.
6. Notwithstanding the above, the area may be disposed of in any other
configuration authorized by Utah law.
B. Payment Required: Payment to the city shall be required prior to the disposition of
the associated vacated. area in the following circumstances:
1. Vacation Adjacent to High Density Residential Properties and Other
Nonresidential Properties: If the public way abuts properties which are designated
as having any other future land use designation other than low density residential
as described in 14.52.070.C.1, the public way will be vacated, subject to payment
to the city of the fair market value of that right of way property, based upon the
value added to the abutting properties.
2. Vacation Adjacent to Mixed Zoning: If a public way abuts both low density
residential properties as defined in 14.52.070.C.1 and any other future land use
designation, those portions which abut the low density residential properties shall
be vacated without requiring payment, and the remainder shall be vacated and
sold for fair market value.
C. Payment Not Required: Payment to the city shall not be required prior to the
disposition of the associated vacated area in the following circumstances:
1. Vacation Adjacent to Low Density Residential Areas: If the public way
property abuts properties which are designated on an adopted future land use map
that is part of the adopted general plan as having a future density of less than 25
dwelling units per acre, the public way will merely be vacated without requiring
payment.
2. Exchanges: The city may agree to a land transfer of the public way area that is
subject to a proposed vacation with other land that serves a public purpose or
provides a public benefit as determined by the city council.
14.52.080: CLOSURES:
A. Public Purpose: The city may choose to close the public way and maintain the use
of the land for another public purpose as authorized by applicable state code.
B. Private Purpose: Closure sought by a private property owner may be subject to a
lease or development agreement to reflect the maintenance responsibilities for the
property.
14.52.090: APPEALS:
Any party aggrieved by a final decision of the city council as to the closure or vacation of
city owned street or alley within the public way may file a petition for review of that
decision with the district court within 30 days after the city council's decision becomes
final.
SECTION 4. Effective Date. This Ordinance shall take effect immediately after it has
been published pursuant to Utah Code § 10-3-711 and § 10-3-713.
Passed by the City Council of Salt Lake City, Utah this 24th day of March, 2026.
______________________________________
Alejandro Puy, Council Chair
ATTEST:
_________________________
Keith Reynolds, City Recorder
Transmitted to Mayor on ____________________________.
Mayor’s Action: _________ Approved. ____________ Vetoed.
_______________________________________
Erin Mendenhall, Mayor
ATTEST:
_________________________
Keith Reynolds, City Recorder
Bill No. 7 of 2026.
Published: __________________
Ordinance Planning ROW Vacation and Closure v.2
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date:
By: ___________________________
Cameron Johnson, Senior City Attorney
Cameron Johnson (Mar 31, 2026 11:40:08 MDT)
Cameron Johnson
03/31/2026
Alejandro Puy (Apr 17, 2026 11:55:51 MDT)
Erin Mendenhall (Apr 24, 2026 14:14:00 MDT)
4
04/24/2026
Ordinance 007 of 2026 - Disposition of Alleys
and Streets
Final Audit Report 2026-04-24
Created:2026-03-27
By:Caitlin Carlino (caitlin.carlino@slc.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAaeCH-eHZ515Fd6ec-OVAd3_3kJ7qilMX
"Ordinance 007 of 2026 - Disposition of Alleys and Streets" Histo
ry
Document created by Caitlin Carlino (caitlin.carlino@slc.gov)
2026-03-27 - 6:41:28 PM GMT
Document emailed to cameron.johnson@slc.gov for signature
2026-03-27 - 6:43:43 PM GMT
Email viewed by cameron.johnson@slc.gov
2026-03-31 - 5:39:24 PM GMT
Signer cameron.johnson@slc.gov entered name at signing as Cameron Johnson
2026-03-31 - 5:40:06 PM GMT
Document e-signed by Cameron Johnson (cameron.johnson@slc.gov)
Signature Date: 2026-03-31 - 5:40:08 PM GMT - Time Source: server
Document emailed to alejandro.puy@slc.gov for signature
2026-03-31 - 5:40:10 PM GMT
Email viewed by alejandro.puy@slc.gov
2026-03-31 - 5:40:14 PM GMT
Email viewed by alejandro.puy@slc.gov
2026-04-08 - 3:51:17 PM GMT
Email viewed by alejandro.puy@slc.gov
2026-04-14 - 7:08:34 AM GMT
Signer alejandro.puy@slc.gov entered name at signing as Alejandro Puy
2026-04-17 - 5:55:49 PM GMT
Document e-signed by Alejandro Puy (alejandro.puy@slc.gov)
Signature Date: 2026-04-17 - 5:55:51 PM GMT - Time Source: server
Document emailed to Erin Mendenhall (erin.mendenhall@slc.gov) for signature
2026-04-17 - 5:55:53 PM GMT
Email viewed by Erin Mendenhall (erin.mendenhall@slc.gov)
2026-04-18 - 3:11:07 AM GMT
Email viewed by Erin Mendenhall (erin.mendenhall@slc.gov)
2026-04-24 - 4:43:24 PM GMT
Document e-signed by Erin Mendenhall (erin.mendenhall@slc.gov)
Signature Date: 2026-04-24 - 8:14:00 PM GMT - Time Source: server
Document emailed to Keith Reynolds (Keith.Reynolds@slc.gov) for signature
2026-04-24 - 8:14:02 PM GMT
Email viewed by Keith Reynolds (Keith.Reynolds@slc.gov)
2026-04-24 - 9:14:07 PM GMT
Document e-signed by Keith Reynolds (Keith.Reynolds@slc.gov)
Signature Date: 2026-04-24 - 9:14:33 PM GMT - Time Source: server
Agreement completed.
2026-04-24 - 9:14:33 PM GMT