048 of 2018 - An ordinance amending Chapter 21A.06, Chapter 21A.16, and Section 21A.35.020 of the Salt Lake City C 0 18-1
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SALT LAKE CITY ORDINANCE
No. 48 of 2018
(An ordinance amending Chapter 21A.06, Chapter 21A.16, and Section 21A.35.020
of the Salt Lake City Code pertaining to the appeals process for
decisions made by the Historic Landmark Commission)
An ordinance amending Chapter 21A.06, Chapter 21A.16, and Section 21A.35.020 of the
Salt Lake City Code pertaining to the appeals process for decisions made by the Historic Landmark
Commission pursuant to Petition No. PLNPCM2017-00154.
WHEREAS, during the 2017 General Session of the Utah State Legislature, the Historic
Preservation Amendments (also known as H.B. 30) was signed into law, which clarified the
appeals process for land use applications related to historically significant real property;
WHEREAS, in response to the new state law, Salt Lake City Mayor Jacqueline Biskupski
requested amendments (Petition No. PLNPCM2017-00154) to Chapter 21A.06, Chapter 21A.16,
and Section 21A.34.020, the appeals process for decisions made by the historic preservation
authority of the Salt Lake City zoning ordinance; and
WHEREAS, the Salt Lake City Planning Commission held a public hearing on June 14,
2017, to consider said petition and voted in favor of transmitting a positive recommendation to
the Salt Lake City Council; and
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 of Salt Lake City, Utah:
SECTION 1. Amending the Text of Salt Lake City Code Chapter 21A.06. That Chapter
21A.06 (Decision Making Bodies and Officials) of the Salt Lake City Code shall be and hereby is
amended to read as follows:
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21A.06.080: HISTORIC PRESERVATION APPEAL AUTHORITY:
A. Creation: The position of the historic preservation appeal authority is created pursuant to
the Municipal Land Use Development and Management Act, Section 10-9a-701 of the
Utah Code Annotated. The mayor is the historic preservation appeal authority.
B. Jurisdiction and Authority: The historic preservation appeal authority shall have the
power to hear and decide appeals of administrative decisions made by the historic
landmark commission pursuant to the procedures and standards set forth in
Section 21A.34.020, "H Historic Preservation Overlay District" and Chapter 21A.16
"Appeals of Administrative Decisions" of this title.
C. Conflict of Interest: The historic preservation appeal authority shall not participate in any
appeal in which the historic preservation appeal authority has a conflict of interest
prohibited by Title 2, Chapter 2.44 of this code.
SECTION 2. Amending the Text of Salt Lake City Code Chapter 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:
21 A.16.010: AUTHORITY:
As described in Section 21A.06.040 of this title, the appeals hearing officer shall hear and
decide appeals alleging an error in any administrative decision made by the zoning
administrator or the administrative hearing officer in the administration or enforcement of
this title, as well as administrative decisions of the planning commission. The appeals
hearing officer may hear and decide appeals alleging an error in administrative decisions
made by the historic landmark commission pursuant to Section 21A.16.020.
In addition, the appeals hearing officer shall hear and decide applications for variances as per
Chapter 21 A.18 of this title and shall make determinations regarding 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.
As described in Section 21A.06.080 of this title, the historic preservation appeal authority
may hear and decide appeals alleging an error in administrative decisions of the historic
landmark commission pursuant to Section 21A.16.020.
21A.16.020: PARTIES ENTITLED TO APPEAL:
An applicant or any other person or entity adversely affected by a decision administering or
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interpreting this title may appeal to the appeals hearing officer. For decisions made by the
historic landmark commission, the applicant may appeal to either the historic preservation
appeal authority or 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. Filing of Appeal: All appeals shall specify the decision appealed, the alleged error made
in connection with the decision being appealed, and the reasons the appellant claims the
decision to be in error, including every theory of relief that can be presented in district
court. The deadlines for filing an appeal are as indicated below:
1. Administrative decisions made by the zoning administrator: 10 days.
2. Planning Commission decisions: 10 days.
3. Historic Landmark Commission: 30 days for appeals filed by the applicant, 10 days
for appeals filed by any other party entitled to appeal.
B. 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 21 A.10 of this
title.
C. Stay of Proceedings: An appeal to the appeals hearing officer or historic preservation
appeal authority shall stay all further proceedings concerning the matter about which the
appealed order, requirement, decision, determination, or interpretation was made unless
the zoning administrator certifies in writing to the appeals hearing officer or historic
preservation appeal authority, after the appeal has been filed, that a stay would, in the
zoning administrator's opinion, be against the best interest of the city.
D. Notice Required:
1. Public Hearing: Upon receipt of an appeal of an administrative decision by the zoning
administrator, the appeals hearing officer 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.
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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 or historic preservation appeal
authority 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 or historic preservation appeal authority, 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.
3. 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.
E. Standard of Review:
1. The standard of review for an appeal, other than as provided in subsection E2 of this
section, shall be de novo. The appeals hearing officer or historic preservation appeal
authority 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 or historic
preservation appeal authority unless such evidence was improperly excluded from
consideration below.
b. The appeals hearing officer or historic preservation appeal authority shall review
the decision based upon applicable standards and shall determine its correctness.
c. The appeals hearing officer or historic preservation appeal authority 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.
F. Burden of Proof: The appellant has the burden of proving the decision appealed is
incorrect.
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G. Action by the Appeals Hearing Officer or Historic Preservation Appeal Authority: The
appeals hearing officer or historic preservation appeal authority 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.
H. Notification of Decision: Notification of the decision of the appeals hearing officer or
historic preservation appeal authority shall be sent to all parties to the appeal within ten
(10) days of the decision.
I. Record of Proceedings: The proceedings of each appeal hearing shall be recorded on
audio equipment. The audio recording of each appeal hearing shall be kept for a
minimum of sixty (60) days. Upon the written request of any interested person, such
audio recording shall be kept for a reasonable period of time beyond the sixty(60) day
period, as determined by the appeals hearing officer or historic preservation appeal
authority. Copies of the tapes of such hearings may be provided, if requested, at the
expense of the requesting party. The appeals hearing officer and historic preservation
appeal authority may have the appeal proceedings contemporaneously transcribed by a
court reporter.
J. 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.
K. Matters Delayed: For all matters delayed by the appeals hearing officer and historic
preservation appeal authority, 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 or
historic preservation appeal authority 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 appeals hearing officer and historic preservation appeal authority may stay the issuance
of any permits or approvals based on its decision for thirty (30) days or until the decision of
the district court in any appeal of the decision.
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SECTION 3. Amending the Text of Salt Lake City Code Section 21A.34.020. That Section
21A.34.020 (H Historic Preservation Overlay District) of the Salt Lake City Code shall be and
hereby is amended to read as follows:
21A.34.020: H HISTORIC PRESERVATION OVERLAY DISTRICT:
F. Procedure for Issuance of Certificate of Appropriateness:
2. Historic Landmark Commission: Certain types of construction, demolition and
relocation shall only be allowed to 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
structure/site;
(2) New construction of principal building in H historic preservation overlay
district;
(3) Relocation of landmark site or contributing site;
(4) Demolition of landmark site or contributing site;
(5) Applications for administrative approval referred by the planning director;
and
(6) Installation of solar energy collection systems 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 F lb 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
21 A.10 of this title.
d. Materials Submitted With Application: The requirements for the materials to be
submitted upon application for a certificate of appropriateness shall be the same as
specified in subsection F 1 c of this section. Applications for a certificate of
appropriateness for demolition shall also submit a reuse plan for the property.
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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 21 A.10 of this title.
g. Standards for Approval: The application shall be reviewed according to the standards
set forth in subsections G through L 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, within
sixty(60) days following receipt of a completed application, except that a review and
decision on an application for a certificate of appropriateness for demolition of a
landmark site or declaring an economic hardship shall be made within one hundred
twenty (120) days 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 L 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. A decision on an application for a certificate of
appropriateness for demolition of a contributing structure may be deferred for
up to one year pursuant to subsections L and M of this section.
(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 structures 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 sent to the
applicant within ten (10) working days following the historic landmark
commission's decision.
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.
j. Review By City Attorney: Following the filing of an appeal of a decision of the
historic landmark commission to deny or defer a certificate of appropriateness for
demolition, the planning director shall secure an opinion of the city attorney
evaluating whether the denial or deferral of a decision of the demolition would result
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in an unconstitutional taking of property without just compensation under the Utah
and United States constitutions or otherwise violate any applicable constitutional
provision, law, ordinance or regulation.
SECTION 4. Effective Date. This ordinance shall become effective on the date of its
first publication.
Passed by the City Council of Salt Lake City, Utah, this 4th day of September
2018.
CHAIRPERSON
TERSI . :
CITY RECO ER
Transmitted to Mayor on September 6, 2018
Mayor's Action: 1� Approved. Vetoed.
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YOR e
•. /I�/, / _ ' CIY"h�+�
CITY RECO'0ER ,v \\\ APPROVED AS TO FORM
(SEAL) ` "� � Salt Lake City Attorney's Office
ti"! w ': Date: I/11 it
Bill No. 48 of 2018. `A n� By:
Published:September 19,20.18 ''t212 , ie--' Allison Parks,Assistant City Attorney
HB_ATTY-#65685-v2-Text_Amendment_HLC Appeals.docx
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