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