HomeMy WebLinkAboutLegislative Version Ordinance - 5/22/2025
Planning Commission Version
Project Title: Removing public hearing requirements for
appeals of land use decisions and variances as required by
Utah Code.
Petition: PLNPCM2025-00327
Version: Planning Commission Draft
Date Prepared: April 2, 2025
Recommended by Planning Commission: Scheduled for April 23, 2025
This proposed ordinance makes the following amendments as necessary to comply with House Bill 368
(HB 368), adopted by the Utah Legislature in 2025 and that goes into effect on May 7. 2025. HB 386
prohibits cities from holding public hearings for appeals of land use decision and variances. The city is
required to adhere to the provisions of Utah Code.
• 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.
Underlined text is new; text with strikethrough is proposed to be deleted. Modifications made as part of
the Planning Commission recommendation are highlighted in yellow. All other text is existing with no
proposed change.
Section 1: Amending section 21A.16.030 G as follows: 1
G. Notice Required: 2
1. Public Hearing: Upon receipt of an appeal of an administrative decision by the zoning 3
administrator, the appeals hearing officer shall schedule and hold a public hearing in accordance with 4
the standards and procedures for conduct of the public hearing set forth in chapter 21A.10 of this title. 5
Public Meeting: Appeals from a decision of the historic landmark commission or planning 6
commission are based on evidence in the record. Therefore, testimony at the appeal meeting shall be 7
limited to the appellant and the respondent. 8
a. Upon receipt of an appeal of a decision by the historic landmark commission or planning 9
commission, the appeals hearing officer planning director shall coordinate with the appellant and 10
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date: 5/19/25____________________
By: _/s/ Courtney Lords____________
Courtney Lords, Senior City Attorney
Planning Commission Version
respondent to schedule a date for the public meeting schedule a public meeting to hear arguments 11
by the appellant and respondent. The date shall be far enough in advance to provide all parties 12
adequate time to respond to the appeal. Notification of the date, time and place of the meeting 13
shall be given to the appellant and respondent a minimum of twelve (12) calendar days in 14
advance of the meeting. 15
b. The city shall send notice of the meeting through e-mail or other method chosen by the 16
appeals hearing officer, a minimum of twelve (12) calendar days in advance of the public meeting 17
to any recognized community organization in which the subject property is located.The city shall 18
send notice of the public meeting following the noticing procedure for a public hearing found in 19
21A.10 of this title. 20
Section 2: Amending section 21A.16.030 H as follows: 21
H. Time Limitation: All appeals shall be heard within one hundred eighty (180) days of the filing of the 22
appeal unless more time is agreed to by the appellant, the respondent, and the city. Appeals not heard 23
within this time frame will be considered void and withdrawn by the appellant. 24
Section 3: Amending section 21A.16.030 I as follows: 25
I. Standard of Review: 26
1. The standard of review for an appeal of an administrative decision , other than as provided in 27
subsection 12 of this section, shall be de novo. The appeals hearing officer shall review the matter 28
appealed anew, based upon applicable procedures and standards for approval, and shall give no 29
deference to the decision below. For appeals of administrative decisions, written comments may be 30
submitted by 5:00 p.m. the day prior to the public meeting. 31
2. An appeal from a decision of the historic landmark commission or planning commission shall be 32
based on the record made below. 33
a. No new evidence shall be heard by the appeals hearing officer unless such evidence was 34
improperly excluded from consideration below. 35
b. The appeals hearing officer shall review the decision based upon applicable standards and 36
shall determine its correctness. 37
c. The appeals hearing officer shall uphold the decision unless it is not supported by substantial 38
evidence in the record or it violates a law, statute, or ordinance in effect when the decision was 39
made. 40
Section 4: Amending section 21A.16.030 K as follows: 41
K. Action by the Appeals Hearing Officer: The appeals hearing officer shall render a written decision on 42
the appeal. Such decision may reverse or affirm, wholly or in part, refer the matter back to the decision 43
making body, or may modify the administrative decision. A decision shall become effective on the date 44
the decision is rendered. 45
Section 5: Amending section 21A.18.040 C as follows: 46
C. HearingPublic Meeting: Upon receipt of a complete application for a variance, the appeals hearing 47
officer shall hold a hearingpublic meeting with notice provided in accordance with the requirements the 48
Planning Commission Version
noticing procedure for a public hearing found in 21A.10 of this title. Written comments may be submitted 49
by 5:00 p.m. the day prior to the public meeting. 50