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031 of 2012 - Correcting erroneous references to the Board of Adjustment and Land Use Appeals Board. 0 12-1 P 11-11 SALT LAKE CITY ORDINANCE No. 31 of 2012 (Correcting erroneous section numbers and references to the board of adjustment and land use appeals board) AN ORDINANCE AMENDING SUBSECTION 21A.34.020.F.2.d AND SECTION 21A.54.070, SALT LAKE CITY CODE, TO CORRECT ERRONEOUS CODE SECTION NUMBERS AND AMENDING SECTIONS 21A.16.20, 21A.36.030, AND 21A.52.120,SALT LAKE CITY CODE, TO CORRECT ERRONEOUS REFERENCES TO THE BOARD OF ADJUSTMENT AND LAND USE APPEALS BOARD. WHEREAS, it is proposed that Subsection 21A.34.020.F.2.d and Section 21A.54.070, Salt Lake City Code, be amended to correct erroneous code section numbers, and WHEREAS, it is further proposed that Sections 21A.16.20, 21A.36.030, and 21A.52.120, Salt Lake City Code, be amended to correct erroneous references to the board of adjustment and land use appeals board, and WHEREAS, the City Council finds adoption of this ordinance reasonably furthers the health, safety, and general welfare of the citizens of Salt Lake City. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Subsection 21A.16.030.K of the Salt Lake City Code shall be, and hereby is, amended to read as follows: K. 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. SECTION 2. Subsection 21A.34.020.F.2.d of the Salt Lake City Code shall be, and hereby is, amended to read as follows: d. Notice: Applications for a certificate of appropriateness shall require notice pursuant the Subsection 21 A.10.020 of this title. SECTION 3. Section 21A.54.070,Salt Lake City Code, shall be, and hereby is, amended to read as follows: 21A.54.070: SEQUENCE OF APPROVAL OF APPLICATIONS FOR BOTH A CONDITIONAL USE AND A VARIANCE: Whenever the applicant indicates pursuant to Subsection 21A.54.060 of this chapter that a variance will be necessary in connection with the proposed conditional use (other than a planned development), the applicant shall at the time of filing the application for a conditional use, file an application for a variance with the appeals hearing officer. A. Combined Review: Upon the filing of a combined application for a conditional use and a variance, at the initiation of the planning commission or the appeals hearing officer, the commission and the officer may hold a joint session to consider the conditional use and the variance applications simultaneously. B. Actions by Planning Commission and Appeals Hearing Officer: Regardless of whether the planning commission and appeals hearing officer conduct their respective reviews in a combined session or separately, the appeals hearing officer shall not take any action on the application for a variance until the planning commission shall first act to recommend approval or disapproval of the application for the conditional use. SECTION 4. Chapter 21A.16.020, Salt Lake City Code, shall be, and hereby is, amended to read as follows: 21A.16.020: PARTIES ENTITLED TO APPEAL: An applicant or any other person or entity adversely affected by a decision administering or interpreting this title may appeal to the appeals hearing officer. SECTION 5. Subsection 21A.36.030.K,Salt Lake City Code, shall be, and hereby is, amended to read as follows: K. Appeals: 1. Any termination of a home occupation may be appealed pursuant to the provisions of Title 5, Chapter 5.02 of this code as if the termination were a business license revocation. 2. Any person adversely affected by the denial or issuance of a permit for a home occupation may appeal that decision to the appeals hearing officer pursuant to Chapter 21A.52 of this title. SECTION 6. Section 21A.52.120,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 21 A.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,unless the planning commission takes specific action to stay a decision. SECTION 7. This ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City,Utah this5 tday of June ,2012. H ERSO : ". - y or v 7� S,'? CESTI .RE ORDER %(yK .t '*'$ Transmitted to Mayor on 6-7-2012 �A\i E'ORA S... Mayor's Action: X Approved. Vetoed. iti/,: I� MAYOR CORD :W Ciry-3.*, APPROVED AS TO FORM '' Date Z)Z i�'Y i: r)) 7a l l. ��. <4 ,% : By J/ ( jtLILI17Ir �- �v M1\vRSr , nORA"W (SEAL) Bill No. 3( of 2012. Published: (,e-K(p - ?v(7_. Land Use Authority correction ordinance(clean 05-21-12).doc