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008 of 2012 - Title 21A; pertaining to land use appeal authorities 0 12-1 P 11-11 SALT LAKE CITY ORDINANCE No. 8 of 2012 (An ordinance amending various sections of Title 21 A of the Salt Lake City Code pertaining to land use appeal authorities) An ordinance amending various sections of Title 21 A of the Salt Lake City Code pursuant to Petition No. PLNPCM2011-00312 to eliminate the Salt Lake City Board of Adjustment and the Salt Lake City Land Use Appeals Board as land use appeals authorities, to establish a hearing officer as a land use appeal authority, and to establish the Salt Lake City Planning Commission as the land use authority for conditional uses presently specified to go to the Board of Adjustment. WHEREAS, the Salt Lake City Planning Commission ("Planning Commission") held a public hearing on September 14, 2011 to consider a request made by Salt Lake City Mayor Ralph Becker(petition no. PLNPCM2011-00312) to amend the text of Chapters 2.26 (Administration and Personnel: Urban Forestry); 2.62 (Administration and Personnel: Recognized or Registered Organization Notification Procedures); 2.88 (Administration and Personnel: Land Use Appeals Board); 14.32 (Streets, Sidewalks and Public Places: Construction, Excavation and Obstructions in the Public Right of Way); 18.20 (Buildings and Construction: Permits and Inspections); 18.72 (Buildings and Construction: House Movers and House Moving); 18.76 (Buildings and Construction: Mobile Home Parks); 20.16 (Subdivisions: Preliminary Plats); 20.20 (Subdivisions: Minor Subdivisions); 20.31 (Subdivisions: Subdivision Amendments); 20.32 (Subdivisions: Modifications and Appeals); 21A.02 (Zoning: Title, Authority, Purpose and Applicability); 21A.06 (Zoning: Decision Making Bodies and Officials); 21A.08 (Zoning: Zoning Certificate); 21A.12 (Zoning: Administrative Interpretations); 21A.16 (Zoning: Appeals of Administrative Decisions); 21A.18 (Zoning: Variances); 21A.20 (Zoning: Enforcement); 21A.34 (Zoning: Overlay Districts); 21A.36 (Zoning: General Provisions); 21A.38 (Zoning: Nonconforming Uses and Noncomplying Structures); 21A.42 (Zoning: Temporary Uses); 21A.48 (Zoning: Landscaping and Buffers); 21A.54 (Zoning: Conditional Uses); 21A.55 (Zoning: Planned Developments); 21A.58 (Zoning: Site Plan Review); 21A.59 (Zoning: Conditional Building and Site Design Review); and 21A.62 (Zoning: Definitions) of the Salt Lake City Code; and WHEREAS, at its September 14, 2011 hearing, members of the Planning Commission offered several motions on a recommendation to the Salt Lake City Council ("City Council"), but each vote failed to gain the support of a simple majority of the planning commissioners present; 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 2.26.220. Section 2.26.220 of the Salt Lake City Code (Administration and Personnel: Urban Forestry: Conditional Use Permits), shall be, and hereby is, amended to read as follows: 2.26.220: CONDITIONAL USE PERMITS: Where an application for a conditional use is filed with the planning commission on zoning and the planning commission deems it appropriate, the urban forester shall review the landscape improvement design of any conditional use application and make recommendations to the board. SECTION 2. Amending text of Salt Lake City Code Section 2.62.030.B. Section 2.62.030.B of the Salt Lake City Code (Administration and Personnel: Recognized or Registered Organization Notification Procedures: Required Notices), shall be, and hereby is, amended to read as follows: B. Appeals hearing officer agendas shall be sent to all organizations recognized pursuant to Subsection 2.60.020.0 of this title or its successor. SECTION 3. Amending text of Salt Lake City Code Chapter 2.88. That Chapter 2.88 of the Salt Lake City Code (Administration and Personnel: Land Use Appeals Board), shall be, and hereby is deleted. SECTION 4. Amending text of Salt Lake City Code Section 14.32.350.E. Section 14.32.350.E of the Salt Lake City Code (Streets, Sidewalks and Public Places: Construction, Excavation and Obstructions in the Public Right of Way: Driveway Construction), shall be, and hereby is, amended to read as follows: E. Denial for Dangerous Conditions: Where, in the opinion of the city engineer, upon recommendation of the transportation engineer, it would be dangerous because of traffic, or because a driveway conflicts with any permanent improvements or waterway, the city engineer may refuse to issue the requested driveway permit. Such denial by the city engineer shall be final unless the applicant appeals the matter to the appeals hearing officer. The appeals hearing officer shall have the authority and discretion to either affirm the city engineer's decision or specify the conditions and location upon which a driveway may be permitted. SECTION 5. Amending text of Salt Lake City Code Section 18.20.020.A.2. Section 18.20.020.A.2 of the Salt Lake City Code (Buildings and Construction: Permits and Inspections: Exempt Work Designated), shall be, and hereby is, amended to read as follows: 2. Fences not exceeding height limitations or requiring variances by the appeals hearing officer; SECTION 6. Amending text of Salt Lake City Code Section 18.72.120.C. Section 18.72.120.0 of the Salt Lake City Code (Buildings and Construction: House Movers and House Moving: Permit Issuance Conditions), shall be, and hereby is, amended to read as follows: C. In cases where a nonconforming use is to be converted to a conforming use and in determining architectural harmony with neighboring structures, both the building official and the planning director shall examine the plans submitted, and if in their opinion it is desirable the matter may be referred to the appeals hearing officer for hearing. The decision of the appeals hearing officer shall be final. SECTION 7. Amending text of Salt Lake City Code Section 18.76.020. Section 18.76.020 of the Salt Lake City Code (Buildings and Construction: Mobile Home Parks: Compliance with Zoning Provisions), shall be, and hereby is, amended to read as follows: 18.76.020: COMPLIANCE WITH ZONING PROVISIONS: The appeals hearing officer may permit the use of land in any district for a mobile home park provided that in all cases there is compliance with the conditions in Title 21A of this code. SECTION 8. Amending text of Salt Lake City Code Section 18.76.140. Section 18.76.140 of the Salt Lake City Code (Buildings and Construction: Mobile Home Parks: Recreational Vehicle Area Approved When), shall be, and hereby is, amended to read as follows: 18.76.140: RECREATIONAL VEHICLE AREA APPROVED WHEN: Where the mobile home park has direct access to a major highway, the appeals hearing officer may approve the use of a portion of the park as a recreational vehicle park, provided the same design standards are maintained. SECTION 9. Amending text of Salt Lake City Code Section 20.16.130. Section 20.16.130 of the Salt Lake City Code (Subdivisions: Preliminary Plats: Appeal of Planning Commission Decision), shall be, and hereby is, amended to read as follows: 20.16.130: APPEAL OF PLANNING COMMISSION DECISION: Any person adversely affected by a final decision made by the planning commission under this chapter may appeal to the appeals hearing officer in accordance with the provisions of Chapter 21 A.16 of this code. SECTION 10. Amending text of Salt Lake City Code Section 20.20.090. Section 20.20.090 of the Salt Lake City Code (Subdivisions: Minor Subdivisions: Appeal of Planning Commission Decision), shall be, and hereby is, amended to read as follows: 20.20.090: APPEAL OF PLANNING COMMISSION DECISION: The petitioner, or any person who is aggrieved by a finding of the planning commission concerning the approval of a proposed minor subdivision and who objected to the administrative consideration, may appeal to the appeals hearing officer in accordance with the provisions of Chapter 21A.16 of this code. SECTION 11. Amending text of Salt Lake City Code Section 20.31.320. Section 20.31.320 of the Salt Lake City Code (Subdivisions: Subdivision Amendments: Appeal from Planning Commission Decision), shall be, and hereby is, amended to read as follows: 20.31.320: APPEAL FROM PLANNING COMMISSION DECISION: Any person adversely affected by a final decision made by the planning commission under this chapter may appeal to the appeals hearing officer in accordance with the provisions of Chapter 21A.16 of this code. SECTION 12. Amending text of Salt Lake City Code Section 20.31.330. Section 20.31.330 of the Salt Lake City Code (Subdivisions: Subdivision Amendments: Appeal from Land Use Appeals Board Decision), shall be, and hereby is, amended to read as follows: 20.31.330: APPEALS FROM APPEALS HEARING OFFICER AND CITY COUNCIL DECISIONS: Any person adversely affected by a final decision made by the appeals hearing officer or the city council under this chapter may file a petition for review of the decision with the district court within thirty (30) days after the decision is rendered. SECTION 13. Amending text of Salt Lake City Code Section 20.32.030.B. Section 20.32.030.B of the Salt Lake City Code (Subdivisions: Modifications and Appeals: Appeals), shall be, and hereby is, amended to read as follows: B. Any person adversely affected by a final decision made by the planning commission under Section 20.32.020 of this chapter, concerning modifications to a subdivision involving a planned development, may appeal to the appeals hearing officer in accordance with the provisions of Chapter 21A.16 of this code. SECTION 14. Amending text of Salt Lake City Code Section 21A.02.060. Section 21 A.02.060 of the Salt Lake City Code (Zoning: Title, Authority, Purpose and Applicability: Transition Rules), shall be, and hereby is, amended to read as follows: 21A.02.060: TRANSITION RULES: A. To avoid undue hardship, nothing in this title shall be deemed to require a change in the plans, construction or designated use of any building for which a complete building permit application and appropriate fees were received prior to the effective date hereof, April 12, 1995, or any amendment hereto, unless the permit is allowed to expire. If the applicant allows the permit to expire, the applicant shall be subject to the provisions of this title. If such building permit pertains to a phase of development only, any subsequent phase for which a building permit is required shall comply with the parking and landscaping requirements of this title. B. Any complete application for a development project that has been filed with either the, planning commission, historical landmark commission, or city council shall be allowed to comply with the zoning regulations in effect at the time that the complete application was filed. At the conclusion of the applicable process, an applicant shall file for the appropriate permits and pursue them to completion. If the applicant allows the permit to expire, the applicant shall be subject to the provisions of this title. SECTION 15. Amending text of Salt Lake City Code Section 21A.06.040. Section 21A.06.040 of the Salt Lake City Code (Zoning: Decision Making Bodies and Officials: Board of Adjustment), 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 21 A.16, "Appeals Of Administrative Decisions", of this title with the exception of administrative reviews of certificates of appropriateness which shall be appealed to the historic landmark commission, as set forth in Subsection 21A.06.050.C.3 of this chapter; 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 from decisions made by the historic landmark commission pursuant to the procedures and standards set forth in Subsection 21A.34.020.F.2.h 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 of this code; and 5. Hear and decide appeals from decisions made by the planning commission regarding conditional uses, conditional site plan reviews for sexually oriented businesses, or planned developments pursuant to the procedures and standards set forth in Section 21A.54.160 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 16. Amending text of Salt Lake City Code Section 21A.06.050.C.7. Section 21A.06.050.C.7 of the Salt Lake City Code (Zoning: Decision Making Bodies and Officials: Historic Landmark Commission: Jurisdiction and Authority), shall be, and hereby is, amended to read as follows: 7. Make recommendations when requested by the planning commission or the city council, as appropriate, on applications for zoning amendments, conditional uses and special exceptions involving H historic preservation overlay districts and landmark sites; SECTION 17. Amending text of Salt Lake City Code Section 21A.08.050. Section 21A.08.050 of the Salt Lake City Code (Zoning: Zoning Certificate: Waiver of Requirements), shall be, and hereby is, amended to read as follows: 21A.08.050: WAIVER OF REQUIREMENTS: The zoning administrator shall waive any or all of the submittal requirements of Section 21A.08.040 of this chapter, if information necessary to create a zoning certificate exists in existing city records including, but not limited to, building permit, business licensing, appeals hearing officer records, and board of adjustment records. SECTION 18. Amending text of Salt Lake City Code Section 21A.08.060.D. Section 21A.08.060.D of the Salt Lake City Code (Zoning: Zoning Certificate: Revocation of Zoning Certificate), shall be, and hereby is, amended to read as follows: D. Appeal: Any person adversely affected by a final decision of the zoning administrator to revoke a zoning certificate may appeal to the appeals hearing officer in accordance with the provisions of Chapter 21 A.16 of this title. SECTION 19. Amending text of Salt Lake City Code Section 21A.12.040.D. Section 21A.12.040.D of the Salt Lake City Code (Zoning: Administrative Interpretations: Procedures), shall be, and hereby is, amended to read as follows: D. Appeal: Any person adversely affected by a final decision made by the zoning administrator interpreting a provision of this title may appeal to the appeals hearing officer in accordance with the provisions of Chapter 21 A.16 of this title. SECTION 20. Amending text of Salt Lake City Code Section 21A.12.050. Section 21A.12.050 of the Salt Lake City Code (Zoning: Administrative Interpretations: Standards for Use Interpretations), shall be, and hereby is, amended to read as follows: 21A.12.050: STANDARDS FOR USE INTERPRETATIONS: The following standards shall govern the zoning administrator, and the appeals hearing officer on appeals from the zoning administrator, in issuing use interpretations: A. Any use defined in Chapter 21A.62 of this title, shall be interpreted as defined; B. Any use specifically listed without a "P" or "C" designated in the table of permitted and conditional uses for a district shall not be allowed in that zoning district; C. No use interpretation shall allow a proposed use in a district unless evidence is presented demonstrating that the proposed use will comply with the development standards established for that particular district; D. No use interpretation shall allow any use in a particular district unless such use is substantially similar to the uses allowed in that district and is more similar to such uses than to uses allowed in a less restrictive district; E. If the proposed use is most similar to a conditional use authorized in the district in which it is proposed to be located, any use interpretation allowing such use shall require that it may be approved only as a conditional use pursuant to Chapter 21A.54 of this title; and F. No use interpretation shall permit the establishment of any use that would be inconsistent with the statement of purpose of that zoning district. SECTION 21. Amending text of Salt Lake City Code Section 21A.16.010. 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. SECTION 22. Amending text of Salt Lake City Code Section 21A.16.030. 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 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 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 and Hearing: Upon receipt of an appeal, the appeals hearing officer shall give notice and hold a hearing on the appeal. Notice shall be given as follows: 1. Providing all of the information necessary for notice of an appeal hearing required under this chapter shall be the responsibility of the appellant and shall be in the form established by the appeals hearing officer pursuant to the standards of this subsection. 2. Notice by first class mail shall be provided: a. A minimum of twelve (12) calendar days in advance of the hearing; b. To all owners and tenants of the land subject to the appeal as shown on the Salt Lake City geographic information system records; and c. Within three hundred feet(300') from the periphery of the land subject to the appeal, inclusive of streets and rights-of-way. d. Mailing labels shall be generated by the city when an appeal is filed using Salt Lake City geographic information system records. 3. The city shall give email 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. 4. The notice for any hearing shall generally describe the subject matter of the appeal; the date, time and place of the appeal hearing; and the place where the record of the appeal may be inspected by the public. 5. The land subject to an appeal hearing shall be posted by the city with a sign giving notice of the hearing, providing the date of the hearing including contact information for more information, at least ten (10) calendar days in advance of the hearing. a. One (1) notice shall be posted for each five hundred feet (500') of frontage, or portion thereof, along a public street. At least one (1) sign shall be posted on each public street. Sign(s) shall be located on the land subject to the appeal and shall be set back no more than twenty five feet (25') from the front property line and shall be visible from the street. Where the subject land does not have frontage on a public street, sign(s) shall be erected on the nearest street right-of-way with an attached notation indicating generally the direction and distance to the land subject to the appeal. b. If a sign is removed through no fault of the appellant before the appeal hearing, such removal shall not be deemed a failure to comply with the standards of this subsection or be grounds to challenge the validity of any decision made on the appeal. 6. At least twelve (12) calendar days in advance of the appeal hearing the City shall publish a notice of such hearing in a newspaper of general circulation in Salt Lake City. 7. A hearing pertaining to an appeal from a decision of the historic landmark commission or planning commission shall be limited to the appellant and the respondent who may present legal argument based on evidence in the record. 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 23. Amending text of Salt Lake City Code Section 21A.16.040. Section 21A.16.040 of the Salt Lake City Code (Zoning: Appeals of Administrative Decisions: Appeal of Decision), shall be, and hereby is, amended to read as follows: 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. SECTION 24. Amending text of Salt Lake City Code Section 21A.16.050. Section 21A.16.050 of the Salt Lake City Code (Zoning: Appeals of Administrative Decisions: Stay of Decision), shall be, and hereby is, amended to read as follows: 21A.16.050: STAY OF DECISION: The appeals hearing officer 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. SECTION 25. Amending text of Salt Lake City Code to adopt Subsection 21A.18.020. Section 21A.18.020 of the Salt Lake City Code (Zoning: Variances: Authority), shall be, and hereby is, amended to read as follows: 21A.18.020: AUTHORITY: As described in Section 21A.06.040 of this title, the appeals hearing officer may grant variances from the provisions of this title only in compliance with the procedures set forth in Section 21A.18.040 of this chapter and only in accordance with each of the standards enumerated in Section 21A.18.060 of this chapter. SECTION 26. Amending text of Salt Lake City Code Sections 21A.18.040.0 and 21A.18.040.D. Sections 21A.18.040.0 and 21A.18.040.D of the Salt Lake City Code (Zoning: Variances: Procedures), shall be, and hereby are, amended (the remainder of Section 21A.18.040 is not affected by this amendment)to read as follows: 21A.18.040: PROCEDURES: C. Hearing: Upon receipt of a complete application for a variance, the appeals hearing officer shall hold a hearing with notice in accordance with the requirements of Chapter 21A.10 of this title. D. Action by Appeals Hearing Officer: Upon the close of the hearing the appeals hearing officer shall render its decision, granting, granting with conditions, or denying the variance. SECTION 27. Amending text of Salt Lake City Code Section 21A.18.050. Section 21A.18.050 of the Salt Lake City Code (Zoning: Variances: Prohibited Variances), shall be, and hereby is, amended to read as follows: 21A.18.050: PROHIBITED VARIANCES: The appeals hearing officer shall not grant a variance that: A. Is intended as a temporary measure only; B. Is greater than the minimum variation necessary to relieve the unnecessary hardship demonstrated by the applicant; or C. Authorizes uses not allowed by law (i.e., a "use variance"). SECTION 28. Amending text of Salt Lake City Code Section 21A.18.060. Section 21A.18.060 of the Salt Lake City Code (Zoning: Variances: Standards for Variances), shall be, and hereby is, amended to read as follows: 21A.18.060: STANDARDS FOR VARIANCES: Subject to the prohibitions set forth in Section 21A.18.050 of this chapter, and subject to the other provisions of this chapter, the appeals hearing officer may grant a variance from the terms of this title only if: A. General Standards: 1. Literal enforcement of this title would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of this title; 2. There are special circumstances attached to the property that do not generally apply to other properties in the same zoning district; 3. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same district; 4. The variance will not substantially affect the general plan of the city and will not be contrary to the public interest; and 5. The spirit of this title is observed and substantial justice done. B. Circumstances Peculiar to Property: In determining whether or not enforcement of this title would cause unreasonable hardship under Subsection A of this section, the appeals hearing officer may not find an unreasonable hardship unless: 1. The alleged hardship is related to the size, shape or topography of the property for which the variance is sought; and 2. The alleged hardship comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood. C. Self-Imposed or Economic Hardship: In determining whether or not enforcement of this title would cause unreasonable hardship under Subsection A of this section, the appeals hearing officer may not find an unreasonable hardship if the hardship is self-imposed or economic. D. Special Circumstances: In determining whether or not there are special circumstances attached to the property under Subsection A of this section, the appeals hearing officer may find that special circumstances exist only if: 1. The special circumstances relate to the alleged hardship; and 2. The special circumstances deprive the property of privileges granted to other properties in the same zoning district. SECTION 29. Amending text of Salt Lake City Code Section 21A.18.080. Section 21A.18.080 of the Salt Lake City Code (Zoning: Variances: Conditions on Variances), shall be, and hereby is, amended to read as follows: 21A.18.080: CONDITIONS ON VARIANCES: In authorizing a variance, the appeals hearing officer may impose such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the public interest to mitigate any harmful effects of the variance or that will serve the purpose of the standard or requirement that is waived or modified. The appeals hearing officer may require a guarantee or bond to ensure that the conditions imposed will be followed. These conditions shall be expressly set forth in the appeals hearing officer's motion granting the variance. Violation of any condition or limitation on the grant of a variance shall be a violation of this title and shall constitute grounds for revocation of the variance. SECTION 30. Amending text of Salt Lake City Code Section 21A.18.110. Section 21A.18.110 of the Salt Lake City Code (Zoning: Variances: Appeal of Decision), shall be, and hereby is, amended to read as follows: 21A.18.110: 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. SECTION 31. Amending text of Salt Lake City Code Section 21A.18.120. Section 21A.18.120 of the Salt Lake City Code (Zoning: Variances: Stay of Decision), shall be, and hereby is, amended to read as follows: 21A.18.120: STAY OF DECISION: The appeals hearing officer may stay the issuance of any permits or approval based on its decision for thirty (30) days or until the decision of the district court in any appeal of the decision. SECTION 32. Amending text of Salt Lake City Code Section 21A.20.100. Section 21A.20.100 of the Salt Lake City Code (Zoning: Enforcement: Appeal of Administrative Decision), shall be, and hereby is, amended to read as follows: 21A.20.100: APPEAL OF ADMINISTRATIVE DECISION: The decision of the supervisor of zoning enforcement regarding the existence of a zoning violation shall be deemed an administrative decision which may be appealed to the appeals hearing officer within thirty (30) days of the date of the first notice. SECTION 33. Amending text of Salt Lake City Code Section 21A.34.020.F.2. Section 21A.34.020.F.2 of the Salt Lake City Code (Zoning: Overlay Districts: H Historic Overlay District: Procedure for Issuance of Certificate of Appropriateness), shall be, and hereby is, amended to read as follows: 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 to be Reviewed by the Historic Landmark Commission: (1) Substantial alteration or addition to a landmark site or contributing 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) Appeal of administrative decisions by the applicant. (7) Installation of solar energy collection systems that may be readily visible from a public right of way, as described in and pursuant to Subsection 21A.40.190.B 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.1.b of this section. c. 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. d. Notice: Applications for a certificate of appropriateness shall require notice pursuant to Subsection 21A.10.020.E of this title. e. Public Hearing: Applications for a certificate of appropriateness shall require a public hearing pursuant to Section 21A.10.030 of this title. f. 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. g. 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 contributing structure 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 by first class mail to the applicant within ten (10) working days following the historic landmark commission's decision. h. Appeal of Historic Landmark Commission Decision to Appeals Hearing Officer: The applicant, any owner of abutting property or of property located within the same H historic preservation overlay district, any recognized or registered organization pursuant to title 2, chapter 2.62 of this code, the Utah State Historical Society or the Utah Heritage Foundation, aggrieved by the historic landmark commission's decision, may object to the decision by filing a written appeal with the appeals hearing officer within ten (10) calendar days following the date on which a record of decision is issued. The filing of the appeal shall stay the decision of the historic landmark commission pending the outcome of the appeal, except that the filing of the appeal shall not stay the decision of the historic landmark commission if such decision defers a demolition request for up to one (1) year pursuant to the provisions of Subsections L and M of this section. i. Review by City Attorney: Following the filing of an appeal to the appeals hearing officer 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 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. j. Appeal of Appeals Hearing Officer Decision to District Court: Any party aggrieved by the decision of the appeals hearing officer may file a petition for review with the district court within thirty (30) days following the decision of the appeals hearing officer. The filing of an appeal of the appeals hearing officer decision shall stay the decision of the appeals hearing officer pending the outcome of the appeal, except that the filing of the appeal shall not stay the decision of the appeals hearing officer if such decision defers a demolition request for up to one year pursuant to the provisions of Subsections L and M of this section. SECTION 34. Amending text of Salt Lake City Code Section 21 A.34.060.1.13. Section 21A.34.060.I.13 of the Salt Lake City Code (Zoning: Overlay Districts: Groundwater Source Protection Overlay District: Disputes; Appeals), shall be, and hereby is, amended to read as follows: 13. Disputes; Appeals: a. Persons objecting to the configuration of the recharge area and protection zone map, or the inclusion of specific property within any recharge areas or protection zones, or to the denial of a permit or the conditions attached hereto, or any rulings of the public utilities department under this Subsection I, may appeal to the appeals hearing officer in accordance with the provisions of Chapter 21A.16 of this title. b. The written appeal shall contain: (1) Documentation of compliance, or (2) (A) Response to specific violations cited in the cease and desist order and the remedial actions planned in order to bring the facility into compliance; and (B) A schedule for compliance. c. Upon receipt of the written appeal, the appeals hearing officer shall review the appeal within ten (10) days of its receipt and respond to the appellant. If the appeals hearing officer determines that the written response from the appellant is adequate and noncompliance issues are addressed, the appellant shall be notified by mail and no further action is required. If the appeals hearing officer determines that the appeal response is inadequate, the appellant may request a hearing before the appeals hearing officer. This hearing shall be held within thirty (30) days of receiving the cease and desist order. The cease and desist order shall remain in effect until the hearing is conducted. SECTION 35. Amending text of Salt Lake City Code Section 21A.36.130.C.2.c(3). Section 21A.36.130.C.2.c(3) of the Salt Lake City Code (Zoning: General Provisions: Child Daycare: Child Daycare Center: Prohibitions), shall be, and hereby is, amended to read as follows: (3)No Variances: The planning commission shall not approve a childcare conditional use pursuant to this section if the appeals hearing officer would be required to grant a variance from any zoning condition. SECTION 36. Amending text of Salt Lake City Code Section 21A.38.140. Section 21A.38.140 of the Salt Luke City Code (Zoning: Nonconforming Uses and Noncomplying Structures: Appeal), shall be, and hereby is, amended to read as follows: 21A.38.140: APPEAL: Any person adversely affected by a final decision made by the zoning administrator determining the status of a nonconforming use or noncomplying structure may appeal the decision to the appeals hearing officer in accordance with the provisions of Chapter 21A.16 of this title. SECTION 37. Amending text of Salt Lake City Code Section 21A.38.150. Section 21A.38.150 of the Salt Lake City Code (Zoning: Nonconforming Uses and Noncomplying Structures: Termination by Amortization upon Decision of Board of Adjustment), shall be, and hereby is, amended to read as follows: 21A.38.150: TERMINATION BY AMORTIZATION UPON DECISION OF APPEALS HEARING OFFICER: The appeals hearing officer may require the termination of a nonconforming use, except billboards, under any plan providing a formula establishing a reasonable time period during which the owner can recover or amortize the amount of the owner's investment in the nonconforming use, if any, as determined by the zoning administrator. The appeals hearing officer may initiate a review for amortization of nonconforming uses upon a petition filed by the mayor or city council, in accordance with the following standards and procedures and consistent with the Municipal Land Use, Development, and Management Act, Title 10, Chapter 9, of the Utah Code Annotated and shall mail written notice to the owner and occupant of the property: A. Initiation of Termination Procedure: Appeals hearing officer review of a use determined to be nonconforming pursuant to the provisions of this section, for the purpose of establishing an amortization plan for termination of the use, shall first require a report from the zoning administrator to the appeals hearing officer. The zoning administrator's report shall determine the nonconforming use, provide a history of the site and outline the standards for determining an amortization period. B. Notice to Nonconforming User: Upon receipt of the report of the zoning administrator, recommending the establishment of an amortization plan for a nonconforming use, the appeals hearing officer shall mail the report and plan to the owner and occupant(s) of the nonconforming use, giving notice of the appeals hearing officer's intent to hold a hearing to consider the request in accordance with the standards and procedures set forth in Chapter 21A.10 of this title. C. Appeals Hearing Officer Review: The appeals hearing officer shall hold a noticed hearing within a reasonable time, following the procedures established in chapter 21A.10 of this title, on the request for amortization of the nonconforming use. Upon the conclusion of the hearing, the appeals hearing officer shall determine whether the nonconforming use should be amortized within a definite period of time. D. Standards for Determining Amortization Period: The appeals hearing officer shall determine the appropriate amortization period upon the consideration of evidence presented by the zoning administrator and the owner of the nonconforming use that is sufficient to make findings regarding the following factors: 1. The general character of the area surrounding the nonconforming use; 2. The zoning classification and use(s) of nearby property; 3. The extent to which property values are adversely affected by the nonconforming use; 4. The owner's actual amount of investment in the property on the effective date of nonconformance, less any investment required by other applicable laws and regulations; 5. The amount of loss, if any, that would be suffered by the owner upon termination of the use; and 6. The extent to which the amortization period will further the public health, safety and welfare. E. Appeal: Any person adversely affected by a final decision of 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. SECTION 38. Amending text of Salt Lake City Code Section 21A.42.060.G. Section 21A.42.060.G of the Salt Lake City Code (Zoning: Temporary Uses: Temporary Use Permit Required: Appeal), shall be, and hereby is, amended to read as follows: G. Appeal: Any person adversely affected by a final decision of the zoning administrator may appeal to the appeals hearing officer in accordance with the provisions of Chapter 21A.16 of this title. SECTION 39. Amending text of Salt Lake City Code Section 21A.48.160.G. Section 21A.48.160.G of the Salt Lake City Code (Zoning: Landscaping and Buffers: Appeal), shall be, and hereby is, amended to read as follows: 21A.48.160: APPEAL: Any person adversely affected by a final decision of the zoning administrator on a landscaping or buffer requirement may appeal to the appeals hearing officer in accordance with the provisions of Chapter 21 A.16 of this title. SECTION 40. Amending text of Salt Lake City Code Section 21A.52.050 Section 21A.52.050 of the Salt Lake City Code (Zoning: Special Exceptions: Coordinated Review and Approval of Applications), shall be, and hereby is, amended to read as follows: 21A.52.050: COORDINATED REVIEW AND APPROVAL OF APPLICATIONS: Whenever an application for a special exception requires a variance, the applicant shall indicate that fact on the application and shall first file a variance application with the appeals hearing officer,The special exception shall then be reviewed after a public hearing by the appeals hearing officer on the variance request. SECTION 41. Amending text of Salt Lake City Code Section 21A.54.070. 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 CONDTIONAL 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 (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 42. Amending text of Salt Lake City Code Section 21A.54.160. Section 21A.54.160 of the Salt Lake City Code (Zoning: Conditional Uses: Appeal of Planning Commission Decision), 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. Notwithstanding Subsection 21A.16.030 of this title, 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 43. Amending text of Salt Lake City Code Section 21 A.54_170. Section 21A.54.170 of the Salt Lake City Code (Zoning: Conditional Uses: Appeal of Land Use Appeals Board Decision), shall be, and hereby is, amended to read as follows: 21A.54.170: APPEAL OF APPEALS HEARING OFFICER DECISION: Any person adversely affected by a final decision of the appeals hearing officer on an appeal from a planning commission decision may file a petition for review of the decision with the district court within thirty (30) days after the decision is rendered. SECTION 44. Amending text of Salt Lake City Code Section 21A.55.120. Section 21A.55.120 of the Salt Lake City Code (Zoning: Planned Developments: Appeal of the Planning Commission Decision), shall be, and hereby is, amended to read as follows: 21A.55.120: 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 21 A.16 of this title. Notwithstanding Subsection 21A.16.030 of this title, 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 45. Amending text of Salt Lake City Code Section 21A.56.080. Section 21A.56.080 of the Salt Lake City Code (Zoning: Condominium Approval Procedure: Appeal of Planning Commission Decisions), shall be, and hereby is, amended to read as follows: 21A.56.080: APPEAL OF PLANNING COMMISSION DECISIONS: Any person adversely affected by a final decision of the planning commission may appeal to the appeals hearing officer in accordance with the provisions of Chapter 21A.16 of this title. SECTION 46. Amending text of Salt Lake City Code Section 21A.58.080.C.2. Section 21A.58.080.C.2 of the Salt Lake City Code (Zoning: Site Plan Review: Procedures for Site Plan Review: Submission of Final Site Plan, Landscape Plan and other Plans; Review and Approval: Appeal of Zoning Administrator Decision), shall be, and hereby is, amended to read as follows: 2. Any person adversely affected by a final decision of the zoning administrator on a site plan may appeal to the appeals hearing officer in accordance with the provisions of Chapter 21A.16 of this title. SECTION 47. Amending text of Salt Lake City Code Section 21A.59.070.C.2. Section 21A.59.070.C.2 of the Salt Lake City Code (Zoning: Conditional Building and Site Design Review: Procedures for Design Review: Submission of Final Plans; Review and Approval: Appeal of Planning Commission Decision), shall be, and hereby is, amended to read as follows: 2. Appeal of Planning Commission Decision: Any person adversely affected by a final decision of the planning commission may appeal to the appeals hearing officer in accordance with the provisions of Chapter 21 A.16 of this title. SECTION 48. Amending text of Salt Lake City Code Section 21A.60.020. Section 21A.60.020 of the Salt Lake City Code (Zoning: List of Terms: List of Defined Terms), shall be, and hereby is, amended to omit the term"Board of adjustment" and to add to that list the term "Appeals hearing officer". The codifier is instructed to only amend the two terms identified in this section, such that the term "Board of adjustment" shall no longer appear in Section 21 A.60.020 and that the term "Appeals hearing officer" shall be inserted into the list of defined terms in that section in alphabetical order. SECTION 49. Amending text of Salt Lake City Code Section 21A.62.040. Section 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms), shall be, and hereby is, amended to omit the definition of"BOARD OF ADJUSTMENT" and to add the definition of"APPEALS HEARING OFFICER". The codifier is instructed to only amend the two definitions identified in this section, such that the definition of"BOARD OF ADJUSTMENT" shall no longer appear in Section 21A.62.040 and that the definition of "APPEALS HEARING OFFICER" shall be inserted into the definitions of that section in alphabetical order and shall read as follows: APPEALS HEARING OFFICER: The appeals hearing officer of Salt Lake City, Utah. SECTION 50. Effective Date. This ordinance shall become effective on the date of its first publication. The recorder is instructed to not publish this ordinance until the City Council confirms the appointment of at least one appeals hearing officer. Passed by the City Council of Salt Lake City, Utah, this 7th day of February , 2012. -} HAIRPERSON ATTEST AND COUNTERSIGN: • RECO E a,-�1 ',{,:1 OL , • ;; r T a Transmitted to Mayor on 2-22-2012 . Mayor's Action: X Approved. Vetoed. MA OR TY RECORD -Pike— APPROVED AS TO FORM (SEAL) . '! Date: 2---7---/2.— Bill No. 8 of 2012. 3i 11 ° r By: /,14"6/1" Published: 5 - I - zo(7_ ; ' y, sin;r; it /1 I