061 of 2012 - Amending Title 21A clarifying the role of the Appeals Hearing Officer 0 12-1
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SALT LAKE CITY ORDINANCE
No. 61 of 2012
(An ordinance amending various sections of Title 21A of the
Salt Lake City Code pertaining to land use appeal authority)
An ordinance amending various sections of Title 21A of the Salt Lake City Code pursuant to
Petition No. PLNPCM2012-00344 to provide additional clarity and efficiency in regulations relating
to the Appeals Hearing Officer regulations.
WHEREAS, the Salt Lake City Planning Commission ("planning commission")held a public
hearing on June 27, 2012 to consider a request made by Salt Lake City Mayor Ralph Becker
(Petition no. PLNPCM2012-00344)to amend the text of Chapters 21A.06 (Zoning: Decision
Making Bodies and Officials); 21A.16 (Zoning: Appeals of Administrative Decisions); and 21A.54
(Zoning: Conditional Uses); and
WHEREAS, at its June 27, 2012 hearing, members of the Planning Commission voted in
favor of recommending to the City Council of Salt Lake City ("city council") that the city council
amend the sections of Title 21A of the Salt Lake City Code identified herein; and
WHEREAS, after a public hearing on this matter the city council has determined that adopting
this ordinance is in the city's best interest.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending text of Salt Lake City Code Section 21A.06.040. That section
21A.06.040 of the Salt Lake City Code (Zoning: Decision Making Bodies and Officials: Appeals
Hearing Officer), shall be, and hereby is, amended to read as follows:
21A.06.040: APPEALS HEARING OFFICER:
A. Creation: The position of appeals hearing officer is created pursuant to the enabling
authority granted by the Municipal Land Use, Development, and Management Act,
Section 10-9a-701 of the Utah Code Annotated.
B. Jurisdiction and Authority: The appeals hearing officer shall have the following
powers and duties in connection with the implementation of this title:
1. Hear and decide appeals from any administrative decision made by the zoning
administrator in the administration or the enforcement of this title pursuant to the
procedures and standards set forth in Chapter 21A.16, "Appeals of Administrative
Decisions", of this title.
2. Authorize variances from the terms of this title pursuant to the procedures and
standards set forth in Chapter 21A.18, "Variances", of this title;
3. Hear and decide appeals of any administrative decision made by the historic
landmark commission pursuant to the procedures and standards set forth in
Section 21A.34.020, "H Historic Preservation Overlay District" of this code;
4. Hear and decide appeals from decisions made by the planning commission
concerning subdivisions or subdivision amendments pursuant to the procedures
and standards set forth in Title 20, "Subdivisions", of this code; and
5. Hear and decide appeals from administrative decisions made by the planning
commission pursuant to the procedures and standards set forth in Title 21A,
"Zoning Ordinance", of this code.
C. Qualifications: The appeals hearing officer shall be appointed by the mayor with the
advice and consent of the city council. The mayor may appoint more than one (1)
appeals hearing officer, but only one hearing officer shall consider and decide upon
any matter properly presented for hearing officer review. The appeals hearing officer
may serve a maximum of two (2) consecutive full terms of five (5) years each. The
appeals hearing officer shall either be law trained or have significant experience with
land use laws and the requirements and operations of administrative hearing
processes.
D. Conflict of Interest: The appeals hearing officer shall not participate in any appeal in
which the hearing officer has a conflict of interest prohibited by Title 2, Chapter 2.44
of this code.
E. Removal of the Hearing Officer: The appeals hearing officer may be removed by the
mayor for violation of this title or any policies and procedures adopted by the
planning director following receipt by the mayor of a written complaint filed against
the appeals hearing officer. If requested by the appeals hearing officer, the mayor
shall provide the appeals hearing officer with a public hearing conducted by a hearing
officer appointed by the mayor.
SECTION 2. Amending text of Salt Lake City Code Section 21A.16.010. That section
21A.16.010 of the Salt Lake City Code (Zoning: Appeals of Administrative Decisions:
Authority), shall be, and hereby is, amended to read as follows:
21A.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 historic landmark commission; and the
planning commission.
In addition, the appeals hearing officer shall hear and decide applications for variances as
per Section 21 A.18.
SECTION 3. Amending text of Salt Lake City Code Section 21A.16.030. That section
21A.16.030 of the Salt Lake City Code (Zoning: Appeals of Administrative Decisions:
Procedure), shall be, and hereby is, amended to read as follows:
21A.16.030: PROCEDURE:
Appeals of administrative decisions by the zoning administrator, historic landmark
commission or planning commission to the appeals hearing officer shall be taken in
accordance with the following procedures:
A. Filing of Appeal: An appeal shall be made in writing within ten (10) days of the
administrative decision by the zoning administrator, historic landmark commission or
planning commission and shall be filed with the zoning administrator. The appeal
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.
B. Fees: Nonrefundable application and hearing fees shown on the Salt Lake City
consolidated fee schedule shall accompany the appeal.
C. Stay of Proceedings: An appeal to the appeals hearing officer 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, 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. 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 21 A.10 of this title.
2. Notice of Appeals of Administrative Decisions of the Historic Landmark
Commission or Planning Commission. 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 2.62 of this code.
E. Standard of Review:
1. The standard of review for an appeal, other than as provided in Subsection 2 of
this Subsection E, shall be de novo. The appeals hearing officer 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.
F. Burden of Proof: The appellant has the burden of proving the decision appealed is
incorrect.
G. 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 by the appeals hearing officer
shall become effective on the date the decision is rendered.
H. Notification of Decision: Notification of the decision of the appeals hearing officer
shall be sent by mail to all parties to the appeal within ten (10) days of the appeals
hearing officer's 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. Copies of the tapes of such
hearings may be provided, if requested, at the expense of the requesting party. The
appeals hearing officer may have the appeal proceedings contemporaneously
transcribed by a court reporter.
J. Appeals: 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.
K. Policies and Procedures: The planning director shall adopt policies and procedures,
consistent with the provisions of this Subsection E, for processing appeals, the
conduct of an appeal hearing, and for any other purpose considered necessary to
properly consider an appeal.
SECTION 4. Amending text of Salt Lake City Code Section 21A.54.070. That section
21A.54.070 of the Salt Lake City Code (Zoning: Conditional Uses: Sequence of Approval of
Applications for Both a Conditional Use and a Variance), 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.A.9 of this chapter
that a variance will be necessary in connection with the proposed conditional use, 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 5. 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 Septemher ,
2012.
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ATTE :ND COUNTERSIGN:
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CIT RECORDER
Transmitted to Mayor on September 6, 2012 •
Mayor's Action: ?C Approved. Vet d.
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CITY RECORDER _�� i
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•....... ..•., ?,�t, APPROVED AS TO FORM
••..71 1,0 Salt Lake City Attorney's Office
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1.`s1�• a:,�' J' . :*I� Date:
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By:
I\*..-0 S�4 i Pau C.Niels ,Sen r City Attorney
Bill No. 61 of 2012. `' ��RA'�.� .
Published: 9-13-12 �
H B_ATTY-l243 98-v2-Ordinance_amending_appeals_heari ng_offi cer_provi s i ons.docx