HomeMy WebLinkAboutLegislative Version Ordinance - 6/30/2025Planning Commission Version
Project Title: Removing public hearing requirements for
appeals of land use decisions and variances as required by
Utah Code.
PLNPCM2025-00327
•Section 1: Amends section 21A.16.030.G to remove the requirement for a public hearing for
appeals of administrative decisions and replace the public hearing with a public meeting. The
modifications include adding noticing requirements for the public meeting.
•Section 2: Amends section 21A.16.030 H by clarifying the timing of the appeals hearing officer
to making a decision provided the appellant, city, and original applicant (if different than the
appellant) agree to a decision in a different timeframe.
•Section 3: Amends section 21A.16.030.I adds provision to submit written evidence for appeals of
administrative decisions.
•Section 4: Amends section 21A.16.030.K clarifies that the appeals hearing office may remand a
proposal back to the commission who made the original decision.
•Section 5: Amending 21A.18.040.C by removing the requirement for a public hearing for a
variance and replacing that with a public meeting, adds noticing requirements for a public
meeting, and provides for a method for written evidence to be submitted prior to the public
meeting.
1 Section 1: Amending section 21A.16.030 G as follows:
2 G. Notice Required:
3 1. Public Hearing: Upon receipt of an appeal of an administrative decision by the zoning
4 administrator, the appeals hearing officer shall schedule and hold a public hearing in accordance with
5 the standards and procedures for conduct of the public hearing set forth in chapter 21A.10 of this title.
6 Public Meeting: Appeals from a decision of the historic landmark commission or planning
7 commission are based on evidence in the record. Therefore, testimony at the appeal meeting shall be
8 limited to the appellant and the respondent.
9 a. Upon receipt of an appeal of a decision by the historic landmark commission or planning
10 commission, the appeals hearing officer planning director shall coordinate with the appellant and
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date: 6/30/25____________________
By: _/s/ Courtney Lords____________
Courtney Lords, Senior City Attorney
Planning Commission Version
11 respondent to schedule a date for the public meeting schedule a public meeting to hear arguments
12 by the appellant and respondent. The date shall be far enough in advance to provide all parties
13 adequate time to respond to the appeal. Notification of the date, time and place of the meeting
14 shall be given to the appellant and respondent a minimum of twelve (12) calendar days in
15 advance of the meeting.
16 b. The city shall send notice of the meeting through e-mail or other method chosen by the
17 appeals hearing officer, a minimum of twelve (12) calendar days in advance of the public meeting
18 to any recognized community organization in which the subject property is located.The city shall
19 send notice of the public meeting following the noticing procedure for a public hearing found in
20 21A.10 of this title.
21 Section 2: Amending section 21A.16.030 H as follows:
22 H. Time Limitation: All appeals shall be heard within one hundred eighty (180) days of the filing of the
23 appeal unless more time is agreed to by the appellant, the respondent, and the city. Appeals not heard
24 within this time frame will be considered void and withdrawn by the appellant.
25 Section 3: Amending section 21A.16.030 I as follows:
26 I. Standard of Review:
27 1. The standard of review for an appeal of an administrative decision , other than as provided in
28 subsection 12 of this section, shall be de novo. The appeals hearing officer shall review the matter
29 appealed anew, based upon applicable procedures and standards for approval, and shall give no
30 deference to the decision below. For appeals of administrative decisions, written comments may be
31 submitted by 5:00 p.m. the day prior to the public meeting.
32 2. An appeal from a decision of the historic landmark commission or planning commission shall be
33 based on the record made below.
34 a. No new evidence shall be heard by the appeals hearing officer unless such evidence was
35 improperly excluded from consideration below.
36 b. The appeals hearing officer shall review the decision based upon applicable standards and
37 shall determine its correctness.
38 c. The appeals hearing officer shall uphold the decision unless it is not supported by substantial
39 evidence in the record or it violates a law, statute, or ordinance in effect when the decision was
40 made.
41 Section 4: Amending section 21A.16.030 K as follows:
42 K. Action by the Appeals Hearing Officer: The appeals hearing officer shall render a written decision on
43 the appeal. Such decision may reverse or affirm, wholly or in part, refer the matter back to the decision
44 making body, or may modify the administrative decision. A decision shall become effective on the date
45 the decision is rendered.
46 Section 5: Amending section 21A.18.040 C as follows:
47 C. HearingPublic Meeting: Upon receipt of a complete application for a variance, the appeals hearing
48 officer shall hold a hearingpublic meeting with notice provided in accordance with the requirements the
Planning Commission Version
49 noticing procedure for a public hearing found in 21A.10 of this title. Written comments may be submitted
50 by 5:00 p.m. the day prior to the public meeting.