048 of 2021 - Administrative Decision Appeals Text Amendment
SALT LAKE CITY ORDINANCE
No. 48 of 2021
(An ordinance amending Chapter 21A.16 of the Salt Lake City Code
pertaining to Appeals of Administrative Decisions)
An ordinance amending Chapter 21A.16 of the Salt Lake City Code pertaining to Appeals of
Administrative Decisions, pursuant to petition number PLNPCM2020 -00352
WHEREAS, the Salt Lake City Planning Commission held a public hearing on October 14, 2020 to
consider a request made b y the Salt Lake City Council (Petition No. PLNPCM2020-00352) to amend
Chapter 21A.16 of the Salt Lake City Code; and
WHEREAS, at its October 14, 2020 hearing, the planning commission voted in favor of forwarding a
positive recommendation to the Salt Lake City Council; and
WHEREAS, after a public hearing on this matter , the city council has determined that adopting this
ordinance is in the city’s best interests,
WHEREAS, Utah Code § 10-9a-701 requires a municipality that adopts a land use ordinance
to establish an appeal authority to hear and decide requests for variances from the terms of the land
use ordinances and appeals from decisions applying the land use ordinances;
WHEREAS, Salt Lake City has adopted a land use ordinance and established such an
appeal authority;
WHEREAS, Utah Code § 10-9a-701 also provides that a municipality may provide that
specified types of land use decisions may be appealed directly to the district court;
WHEREAS, the Salt Lake City Council finds it necessary to clarify, as provided for in
Utah Code § 10 -9a-701, the authority of that appeal authority and to specify the types of land use
decisions that may be appealed directly to district court;
WHEREAS, the Salt Lake City Council finds it is also necessary to clarify the pro cess for
filing appeals with the appeal authority;
WHEREAS, the Salt Lake City Council finds, after holding a public hearing on this matter,
that adopting this ordinance is in the City’s best interests.
NOW, THEREFORE, be it ordained by the City Council o f Salt Lake City, Utah:
SECTION 1. Amending the Text of Salt Lake City Code Section 21A.16. That chapter
21A.16 Appeals of Administrative Decisions of the Salt Lake City Code shall be and hereby is
amended to read as follows:
Chapter 21A.16
APPEALS OF ADMINISTRATIVE DECISIONS
21A.16.010: Authority
21A.16.020: Parties Entitled to Appeal
21A.16.030: Procedure
21A.16.040: Appeal of Decision
21A.16.050: Stay of Decision
21A.16.010: AUTHORITY:
A. Title 21A Appeals, Applications and Determinations: As described in section 21A.06.040 of
this title, the appeals hearing officer shall hear and decide or make determinations regarding:
1. Appeals alleging an error in any administrative decision made by the zoning
administrator, the planning commission or the historic landmark commission involving
the application, administration, enforcement or compliance with Title 21A of this code;
2. Appeals from decisions made by the planning commission concerning subdivisions or
subdivision amendments pursuant to the procedures and standards set forth in Title 20 of
this code;
3. Applications for variances as per chapter 21A.18 of this title;
4. The existence, expansion or modification of nonconforming uses and noncomplying
structures pursuant to the procedures and standards set forth in chapter 21A.38,
“Nonconforming Uses and Noncomplying Structures”, of this title ; and
5. Any other mat ter involving application, administration or enforcement of this code where
specifically authorized by a provision of this code.
B. State and Federal Law: The appeals hearing officer shall not hear and decide or make
determinations regarding any of the following:
1. Appeals alleging an error in the application, administration, enforcement or compliance
with a provision of state or federal law, including but not limited to provisions of state
and federal statutes, state and federal constitutions and state and federal common law ;
2. Appeals alleging a violation of state law or federal law, including but not limited to
provisions of state and federal statutes, state and federal constitutions and state and
federal common law;
3. Appeals requesting legal or equitable remedies available under state or federal law.
An appeal seeking the determinations identified in this subsection must be made directly to
the district court, as provided for in Utah code section 10-9a-701(4)(e) or its successor.
C. Requirement to Disclose: An appeal that alleges one or more claims that the hearing officer
has authority to hear and decide must include every theory of relief that can be presented in
district court, including theories the hearing officer does not have authority to hear and
decide.
D. Mixed Appeals: When an appeal alleges one or more claims that the hearing officer has
authority to hear and decide and one or more claims that the hearing officer does not have
authority to hear and decide, the appeals hearing officer shall hear and decide only the claims
the hearing officer has the authority to hear and decide. The claims the hearing officer does
not have authority to hear and decide may be brought in district court on conclusion and
exhaustion of all remedies available for the claims the hearing officer has authority to hear
and decide.
21A.16.020: PARTIES ENTITLED TO APPEAL:
An applicant , a board or officer of the municipality, or an adversely affected party, as that term is
defined by Utah code section 10-9a-103 or its successor, may appeal to the appeals hearing
officer.
21A.16.030: PROCEDURE:
Appeals of administrative decisions by the zoning administrator, historic landmark commission
or planning commission shall be taken in accordance with the following procedures:
A. Form: The appeal shall be filed using an application form provided by the zoning
administrator. To be considered complete, the application must include all information
required on the application, including but not limited to identification of the decision
appealed, the alleged error made in connection with the decision being a ppealed, and the
reasons the appellant claims the decision to be in error. Incomplete applications will not be
accepted.
B. Filing: The application must be submitted as indicated on the form by the applicable
deadline, together with all applicable fees.
C. Time for Filing an Appeal: The deadlines for filing a complete application for appeal are:
1. Administrative decisions made by the zoning administrator: ten (10) days;
2. Planning commission decisions: ten (10) days;
3. Historic landmark commission: thirty (30) days for appeals filed by the applicant, ten
(10) days for appeals filed by any other party entitled to appeal.
D. Fees: The application shall be accompanied by the following fees:
1. The applicable fees shown on the Salt Lake City consolidated fee schedule ; and
2. The fees established for providing the public notice required by chapter 21A.10 of this
title.
All fees are due at the time of filing the appeal. An appeal will not be considered complete
unt il all applicable fees are paid.
E. No Automatic Stay: Filing an appeal with a hearing officer does not stay the decision
appealed, unless a provision of this code specifically states otherwise.
F. Requesting a Stay: The hearing officer may grant a request filed by the Appellant,
Respondent, or any other party to the appeal, to stay a decision of the zoning administrator,
planning commission or historic landmark commission for a specified period of time or until
the appeals hearing officer issues a decision, if the requesting party can show a stay is
necessary to prevent substantial harm to the requesting party. No request is required, if a
provision of this code imposes an automatic stay on the filing of an appeal with a hearing
officer. If a stay is requested, the hearing officer shall make reasonable efforts to determine
whether a stay is appropriate within 10 days of the appeal being deemed complete. If the
hearing officer does not decide a request for a stay within 10 days of the appeal being
deemed complete, the request shall be presumed denied. No stay will be authorized for
incomplete appeals or appeals filed after the appeal deadline.
G. Notice Required:
1. Public Hearing: Upon receipt of an appeal of an administrative decision by the zoning
administrator, the appeals hearing o fficer shall schedule and hold a public hearing in
accordance with the standards and procedures for conduct of the public hearing set forth
in chapter 21A.10 of this title.
2. Public Meeting: Appeals from a decision of the historic landmark commission or
planning commission are based on evidence in the record. Therefore, testimony at the
appeal meeting shall be limited to the appellant and the respondent.
a. Upon receipt of an appeal of a decision by the historic landmark commission or
planning commission, the appeals hearing officer shall schedule a public meeting to
hear arguments by the appellant and respondent. Notification of the date, time and
place of the meeting shall be given to the appellant and respondent a minimum of
twelve (12) calendar days in advance of the meeting.
b. The city shall give e-mail notification, or other form of notification chosen by the
appeals hearing officer a minimum of twelve (12) calendar days in advance of the
hearing to any organization entitled to receive notice pursuant to Title 2, chapter 2.60
of this code.
H. Time Limitation: All appeals shall be heard within one hundred eighty (180) days of the
filing of the appeal. Appeals not heard within this time frame will be considered void and
withdrawn by the appellant.
I. Standard of Review:
1. The standard of review for an appeal, other than as provided in subsection I2 of this
section, shall be de novo. The appeals hearing o fficer shall review the matter appealed anew,
based upon applicable procedures and standards for approval, and shall give no deference to
the decision below.
2. An appeal from a decision of the historic landmark commission or planning commission
shall be based on the record made below.
a. No new evidence shall be heard by the appeals hearing officer unless such evidence
was improperly excluded from consideration below.
b. The appeals hearing officer shall review the decision based upon applicable standards
and shall determine its correctness.
c. The appeals hearing officer shall uphold the decision unless it is not supported by
substantial evidence in the record or it violates a law, statute, or ordinance in effect
when the decision was made.
J. Burden of Proof: The appellant has the burden of proving the decision appealed is incorrect.
K. Action by the Appeals Hearing Officer: The appeals hearing officer shall render a written
decision on the appeal. Such decision may reverse or affirm, wholly or in part, or may
modify the administrative decision. A decision shall become effective on the date the
decision is rendered.
L. Notification of Decision: Notification of the decision of the appeals hearing officer shall be
sent to all parties to the appeal within ten (10) days of the decision.
M. Record of Proceedings: The proceedings of each appeal hearing shall be recorded.
Recordings shall be retained by the planning division for a period that is consistent with city
retention policies and any applicable retention requirement set forth in state law.
N. Policies and Procedures: The planning director shall adopt policies and procedures,
consistent with the provisions of this section, for processing appeals, the conduct of an appeal
hearing, and for any other purpose considered necessary to properly consider an appeal.
O. Matters Delayed: For all matters delayed by the appeals hearing officer, any subsequent
written materials shall be submitted a minimum of fourteen (14) days prior to the rescheduled
meeting date.
21A.16.040: APPEAL OF DECISION:
Any person adversely affected by a final decision made by the appeals hearing officer may file a
petition for review of the decision with the district court within thirty (30) days after the decision
is rendered.
21A.16.050: STAY OF DECISION:
The filing of a petition in district court does not stay the final decision of the appeals hearing
officer. A final decision of an appeals hearing officer may be stayed as provided for under Utah
code section 10-9a-801(9)(b) or its successor.
SECTION 2. Amending the Text of Salt Lake City Code Section 21A.18.120. That section
21A.18.120 Stay of Decision of the Salt Lake City Code shall be and hereby is amended to read as
follows:
21A.18.120: STAY OF DECISION:
A final decision of an appeals hearing officer may be stayed as provided for in section 21A.16.050
or its successor.
SECTION 3. Amending the Text of Salt Lake City Code Section 21A.34.020L.3(e). That
section 21A.34.020L.3(e) Appeal of Decision, of the Salt Lake City Code shall be and hereby is
amended to read as follows:
21A.34.020L.3(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.
SECTION 4. Amending the Text of Salt Lake City Code Section 21A.52.120 Appeal of
Decision. That section 21A.52.120 Appeal of Decision, of the Salt Lake City Code shall be and
hereby is amended to read as follows:
21A.52.120: APPEAL OF DECISION:
A. Any party aggrieved by a decision of the planning director may appeal the decision to the
planning commission pursuant to the provisions in chapter 21A.16 of this title.
B. Any party aggrieved by a decision of the planning commission on an application for a
special exception may file an appeal to the appeals hearing officer within ten (10) days of the
date of the decision. The filing of the appeal shall not stay the decision of the planning
commission pending the outcome of the appeal, except as provided for under section
21A.160.30F.
SECTION 5. Amending the Text of Salt Lake City Code Section 21A.54.160 Appeal of
Planning Commission Decision. That section 21A.54.160 Appeal of Planning Commission
Decision, of the Salt Lake City Code shall be and hereby is amended to read as follows:
21A.54.160: APPEAL OF PLANNING COMMISSION DECISION:
Any person adversely affected by a final decision of the planning commission on an application for a
conditional use may appeal to the appeals hearing officer in accordance with the provisions of chapter
21A.16 of this title. The filing of the appeal shall not stay the decision of the planning commission
pending the outcome of the appeal, except as provided for under section 21A16.030F of this title.
SECTION 6. Amending the Text of Salt Lake City Code Section 21A.55.070 Appeal of
the Planning Commission Decision. That section 21A.55.070 Appeal of the Planning Commission
Decision, of the Salt Lake City Code shall be and hereby is amended to read as follows:
21A.55.070: APPEAL OF THE PLANNING COMMISSION DECISION:
Any person adversely affected by a final decision of the Planning Commission on an application
for a planned development may appeal to the Appeals Hearing Officer in accordance with the
provisions of chapter 21A.16 of this title. The filing of the appeal shall not stay the decision of
the Planning Commission pending the outcome of the appeal, except as provided for under
section 21A.16.030F of this title.
SECTION 7. Effective Date. This ordinance shall become effective on the date of its
passage.
Passed by the City Council of Salt Lake City, Utah, this 24th day of August, 2021.
______________________________
CHAIRPERSON
ATTEST AND COUNTERSIGN:
______________________________
CITY RECORDER
Transmitted to Mayor on _______________________.
Mayor’s Action: _______Approved. _______Vetoed.
______________________________
MAYOR
______________________________
CITY RECORDER
(SEAL)
Bill No. 48 of 2021.
Published: ______________.
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date:__________________________________
By: ___________________________________
Paul Nielson, Senior City Attorney
Z 20210083
Paul Nielson (Aug 31, 2021 10:22 MDT)
Aug 31, 2021
Amy Fowler (Sep 13, 2021 11:26 MDT)
Sep 13, 2021
Erin Mendenhall (Sep 25, 2021 17:31 MDT)
Cindy Trishman (Sep 27, 2021 15:04 MDT)
Cindy Trishman (Sep 27, 2021 15:04 MDT)
Ordinance 48 of 2021 - Administrative Decision
Appeals Text Amendment
Final Audit Report 2021-09-27
Created:2021-08-31
By:DeeDee Robinson (deedee.robinson@slcgov.com)
Status:Signed
Transaction ID:CBJCHBCAABAAZ7CK_des19YfeDvZyv-kRHOqo_8qh0X9
"Ordinance 48 of 2021 - Administrative Decision Appeals Text A
mendment" History
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