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083 of 1996 - Appeals from Decisions of Historic Landmark Commission and Planning Commission to Land Use Appeals B0 96-1 0 96-42 SALT LAKE CITY ORDINANCE No. 83 of 1996 (Appeals from Decisions of Historic Landmark Commission and Planning Commission to Land Use Appeals Board) AN ORDINANCE AMENDING CHAPTER 21A.06.020 OF THE SALT LAKE CITY CODE RELATING TO THE JURISDICTION AND AUTHORITY OF THE SALT LAKE CITY COUNCIL, CHAPTER 21A.34.020 RELATING TO APPEALS FROM DECISIONS OF THE HISTORIC LANDMARK COMMISSION, AND CHAPTER 21A.54.160 RELATING TO APPEALS FROM DECISIONS OF THE PLANNING COMMISSION. ALSO ENACTING CHAPTER 21A.06.080 OF THE SALT LAKE CITY CODE RELATING TO THE CREATION, JURISDICTION AND AUTHORITY OF THE LAND USE APPEALS BOARD AND CHAPTER 21A.54.170 RELATING TO APPEALS FROM DECISIONS OF THE LAND USE APPEALS BOARD. WHEREAS, under the terms and provisions of the Salt Lake City Code, appeals taken from decisions made by the Historic Landmark Commission and appeals from decisions made by the Planning Commission are currently heard by the City Council; and WHEREAS, the City Council has now determined that these appeals would be more effectively handled before a Land Use Appeals Board; and WHEREAS, the City Council has determined after a public hearing that the interests of appealing parties and the public at large would not be adversely affected by creating a Land Use Appeals Board and allowing that body to decide these appeals. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Chapter 21A.06.020 D, E, F and G shall be and hereby is amended to read as follows: D. Establish a fee schedule for application for a zoning certificate, zoning amendments, and special approvals and any other type of approval required by the provisions of this title; and E. Take such other actions which are legislative in nature and which are not delegated to other bodies which may be desirable and necessary to implement the provisions of this title. SECTION 2. That Section 21A.06.080 shall be and hereby is enacted to read as follows: 21A.06.080 Land Use Appeals Board. A. Creation. The Land Use Appeals Board is created pursuant to the authority granted by the 2 Municipal Land Use Development and Management Act, Section 10-9-407 of the Utah Code Annotated. B. Jurisdiction and Authority. The Land Use Appeals Board shall have the following powers and duties in connection with the implementation of this title: 1. Hear and decide appeals from decisions made by the Historic Landmark Commission pursuant to the procedures and standards set forth in Chapter 21A.34.020 F.2.h.; and 2. Hear and decide appeals from decisions made by the Planning Commission pursuant to the procedures and standards set forth in Chapter 21A.54.160. C. Membership. The Land Use Appeals Board shall consist of three members appointed by the Mayor with the advice and consent of the City Council from among qualified electors of the City in a manner that will provide balanced representation in terms of geographic, professional, neighborhood and community interests. In the selection of members, preference may be given to individuals with legal or land use experience. Members 3 may serve a maximum of two consecutive full terms of three years each. The terms of all members shall be so arranged that the term of one member will expire each year. In addition, the Mayor, with the advice and consent of the City Council, may appoint two alternate members of the Land Use Appeals Board for a term not to exceed three years, to serve in the absence of a member or members of the Land Use Appeals Board. No more than one alternate member shall vote at any meeting of the Land Use Appeals Board at one time. The prior term of an alternate member who subsequently becomes a full time member of the Land Use Appeals Board shall not prevent that member from serving two consecutive terms. Appointments to fill vacancies of members or alternate members shall be only for the unexpired portion of the term. Appointments for partial terms to fill vacancies shall not be included in the determination of any person's eligibility to serve two full consecutive terms. D. Officers. The Land Use Appeals Board shall annually elect a Chair who shall serve for a term of 4 one year. The Secretary of the Land Use Appeals Board shall be designated by the Zoning Administrator. E. Meetings. The Land Use Appeals Board shall meet as necessary to consider and expeditiously resolve pending appeals. F. Record of Proceedings. The proceedings of each meeting and hearing shall be recorded on audio equipment. Records of confidential executive sessions shall be kept in compliance with the Government Records Access and Management Act. The audio recording of each meeting shall be kept for a minimum of sixty days. Upon the written request of any interested person, such audio recording shall be kept for a reasonable period of time beyond the sixty day period as determined by the Land Use Appeals Board. Copies of the tapes of such proceedings may be provided, if requested, at the expense of the requesting party. The Board shall keep written minutes of its proceedings and records of all its examinations and official actions. The Land Use Appeals Board may, at its discretion, have its proceedings contemporaneously transcribed by a court reporter. 5 G. Quorum and Vote. No business shall be conducted at a meeting of the Land Use Appeals Board without a quorum of three members, consisting of either three regular members, or two regular members and one alternate member. A simple majority of the voting members present at a meeting at which a quorum is present shall be required for any action. Decisions of the Land Use Appeals Board shall become effective on the date that the vote is taken. H. Hearings. The Land Use Appeals Board shall schedule and give notice of all hearings pursuant to the provisions of Chapter 21A.34.020 F.2.h. and Chapter 21A.54.160. I. Conflict of Interest. No member of the Land Use Appeals Board shall participate in the hearing or disposition of any matter in which that member has any conflict of interest prohibited by Title 2, Chapter 2.44 of the Salt Lake City Code. The Land Use Appeals Board may, by majority vote of the members present, allow a member otherwise required to leave due to a conflict, to be present if required by special or unusual circumstances. 6 J. Removal of a Member. Any member of the Land Use Appeals Board may be removed by the Mayor for violation of this title or any policies and procedures adopted by the Land Use Appeals Board following receipt by the Mayor of a written complaint filed against the member. If requested by the member, the Mayor shall provide the member with a public hearing conducted by a hearing officer appointed by the Mayor. K. Policies and Procedures. The Land Use Appeals Board shall adopt policies and procedures for the conduct of its meetings, to process appeals, and for any other purposes considered necessary for its proper functioning. L. Compensation. Each member of the Land Use Appeals Board shall be compensated in the amount of $75.00 for each appeal decided by that member. SECTION 3. That the chart entitled "Decision -making Responsibilities Under the Zoning Ordinance," located at the conclusion of Chapter 21A.06 of the Salt Lake City Code, shall be and hereby is amended to reflect the changes enacted in this ordinance. 7 SECTION 4. That Chapter 21A.34.020 F.2.h. of the Salt Lake City Code shall be and hereby is amended to read as follows: h. Appeal of Historic Landmark Commission Decision to Land Use Appeals Board. 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 the Salt Lake City Code, the Utah State Historical Society or the Utah Heritage Foundation, aggrieved by the Historic Landmark Commissions' decision, may object to the decision by filing a written appeal with the Land Use Appeals Board within thirty days following the decision. 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 year pursuant to the provisions of subsections L and M of this section. 8 i. The appeal shall specify any alleged error made by the Historic Landmark Commission. ii. The appeal shall be considered by the Land Use Appeals Board on the record made before the Historic Landmark Commission. No new evidence will be heard by the Land Use Appeals Board unless such evidence was improperly excluded from consideration by the Historic Landmark Commission. iii. The Land Use Appeals Board shall review and decide the appeal according to the standards in subsections G, H, I, J, K and L of this section, whichever are applicable to the appeal. The Land Use Appeals Board may, in its discretion, choose to consider an appeal on the basis of the record of the proceedings before the Historic Landmark Commission: (A) Without any additional hearing; or (B) With a formal hearing allowing both the appellant and the respondent to present oral argument on the evidence in the record. iv. The Land Use Appeals Board shall uphold the decision of the Historic Landmark Commission unless the Land Use Appeals Board determines that a prejudicial 9 procedural error occurred or that the decision of the Historic Landmark Commission was not supported by the findings of fact based upon the applicable standards of approval. v. At least fourteen calendar days in advance of each hearing held before the Land Use Appeals Board the City shall publish a notice of such hearing in a newspaper of general circulation in Salt Lake City and the City will send notice of the hearing by first class mail to the appellant(s), the respondent(s) and to all other parties who attended the hearing before the Historic Landmark Commission. SECTION 5. That Chapter 21A.34.020 F.2.j. shall be and hereby is amended to read as follows: j. Appeal of Land Use Appeals Board Decision to District Court. Any party aggrieved by the decision of the Land Use Appeals Board may appeal that decision to the district court within thirty days following the decision of the Land Use Appeals Board. The filing of an appeal of the Land Use Appeals Board decision shall stay the decision of the Land Use Appeals Board pending the outcome of the appeal, except that the filing of 10 the appeal shall not stay the decision of the Land Use Appeals Board 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 6. That Chapter 21A.54.160 of the Salt Lake City Code shall be and hereby is amended to read as follows: 21A.54.160 Appeal of Planning Commission Decision. Any party aggrieved by a decision of the Planning Commission on an application for a conditional use, including a planned development, may file an appeal to the Land Use Appeals Board within thirty days of the date of the decision. The filing of the appeal shall not stay the decision of the Planning Commission pending the outcome of the appeal, unless the Planning Commission takes specific action to stay a decision. The following provisions shall also apply to any appeal. A. The appeal shall specify any alleged error made by the Planning Commission. B. The appeal shall be considered by the Land Use Appeals Board on the record made before the Planning Commission. No new evidence will be heard by 11 the Land Use Appeals Board unless such evidence was improperly excluded from consideration by the Planning Commission. C. The Land Use Appeals Board shall review and decide the appeal according to the standards in Chapter 21A.54, Conditional Uses. The Land Use Appeals Board may, in its discretion, choose to consider an appeal on the basis of the record of the proceedings before the Planning Commission: 1. Without any additional hearing; or 2. With a formal hearing allowing both the appellant and the respondent to present oral argument on the evidence in the record. D. The Land Use Appeals Board shall uphold the decision of the Planning Commission unless the Land Use Appeals Board finds that a prejudicial procedural error occurred or that the decision of the Planning Commission was not supported by the findings of fact based upon the applicable standards of approval. E. At least fourteen calendar days in advance of each hearing held before the Land Use Appeals Board the City shall publish a notice of such hearing in a 12 newspaper of general circulation in Salt Lake City and the City will send notice of the hearing by first class mail to the appellant(s), the respondent(s) and to all other parties who attended the hearing before the Planning Commission. SECTION 7. That Chapter 21A.54.170 of the Salt Lake City Code shall be and hereby is enacted to read as follows: 21A.54.170 Appeal of Land Use Appeals Board Decision. Any party adversely affected by the decision of the Land Use Appeals Board on appeal from a decision of the Planning Commission may appeal to the district court within thirty days of the date of the Land Use Appeals Board decision. SECTION 8. Effective Date. This Ordinance shall become effective on the date of its first publication. SECTION 9. Pending Appeals. Any appeal from decisions of the Historic Landmark Commission or from decisions of the Planning Commission which has been filed prior to the effective date of this ordinance shall be heard and decided by the City Council. Any appeal from decisions of the Historic Landmark Commission or from decisions of the Planning Commission filed after the effective date of this 13 ordinance shall be heard and decided by the Land Use Appeals Board as set forth herein. Passed by the City Council of Salt Lake City, Utah, this ,) day of j\COVNAclibr , 1996. HAIRPERSON ATTEST AND COUNTERSIGN: CHIEF DEPUTY CITY RECORDER Transmitted to the Mayor on November 5 , 1996 Mayor's Action: XX Approv ATTEST AND COUNTERSIGN: PUTY CITY RECORDER AC EA 4N1: A" a4„ L'No',;f 83 Pub1ie November G:\ORDINA96\21A06020.029 of 21, 1996. 1996 MAYOR Vet APPROVED AG TO 101,:lUl Salt Lake City Attarn4'9 Cc Date BY 1r,,, 14