HomeMy WebLinkAbout046 of 2025 - Text Amendment - Replacing Public Hearing Requirements for Appeals and Variances with Public Meeting1
SALT LAKE CITY ORDINANCE
No. _____ of 2025
(Amending Title 21A of the Salt Lake City Code to remove public hearing requirements for land
use appeals and variances)
An ordinance amending the text of Title 21A of the Salt Lake City Code pertaining to
public hearing requirements for appeals of land use decisions and variances, pursuant to
PLMPCM2025-00327.
WHEREAS, the 2025 Utah State Legislature adopted HB 368, codified at Utah Code
Section 10-9a-701(5), which prohibits the city from having a public hearing in connection with
land use appeals and variances; and
WHEREAS, on April 23, 2025, the Salt Lake City Planning Commission (“Planning
Commission”) held a public hearing on a proposed ordinance amending Salt Lake City’s land
use regulations pertaining to public hearing requirements for land use appeals and variances
(Petition No. PLMPCM2025-00327); and
WHEREAS, at its April 23, 2025 meeting, the Planning Commission voted in favor of
forwarding a positive recommendation to the Salt Lake City Council (“City Council”) on said
petition; and
WHEREAS, after a public hearing on this matter the City Council determined that
adopting this ordinance is in the city’s best interests.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending the text of Subsection 21A.16.030 G. That Subsection
21A.16.030 G of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
G. Notice Required:
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1. Public Meeting: Appeals are based on evidence in the record. Therefore,
testimony at the appeal meeting shall be limited to the appellant and the respondent.
a. Upon receipt of an appeal, the planning director shall coordinate
with the appellant and respondent to schedule a date for the public meeting. The
date shall be far enough in advance to provide all parties adequate time to respond
to the appeal. Notification of the date, time and place of the meeting shall be
given to the appellant and respondent a minimum of twelve (12) calendar days in
advance of the meeting.
b. The city shall send notice of the public meeting following the
notice procedure for a public hearing found in 21A.10 of this title.
SECTION 2. Amending the text of Subsection 21A.16.030 H. That Subsection
21A.16.030 H of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
H. Time Limitation: All appeals shall be heard within one hundred eighty (180) days
of the filing of the appeal unless more time is agreed to by the appellant, the respondent, and the
city. Appeals not heard within this time frame will be considered void and withdrawn by the
appellant.
SECTION 3. Amending the text of Subsection 21A.16.030 I. That Subsection
21A.16.030 I of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
I. Standard of Review:
1. The standard of review for an appeal of an administrative decision 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. For appeals of administrative decisions, written comments may be
submitted by 5:00 p.m. the day prior to the public meeting.
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.
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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.
SECTION 4. Amending the text of Subsection 21A.16.030 K. That Subsection
21A.16.030 K of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
K. 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, refer the
matter back to the decision making body, or may modify the administrative decision. A decision
shall become effective on the date the decision is rendered.
SECTION 5. Amending the text of Subsection 21A.18.040 C. That Subsection
21A.18.040 C of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
C. Public Meeting: Upon receipt of a complete application for a variance, the appeals
hearing officer shall hold a public meeting with notice provided in accordance with the noticing
procedure for a public hearing found in 21A.10 of this title. Written comments may be submitted
by 5:00 p.m. the day prior to the public meeting.
SECTION 6. Effective Date. This ordinance shall become effective on the date of its
first publication.
Passed by the City Council of Salt Lake City, Utah this _____ day of ___________, 2025.
______________________________
CHAIRPERSON
ATTEST AND COUNTERSIGN:
______________________________
CITY RECORDER
Transmitted to Mayor on _______________________.
Mayor’s Action: _______Approved. _______Vetoed.
______________________________
MAYOR
1st July
Chris Wharton (Jul 17, 2025 10:59 MDT)
July 17, 2025
Erin Mendenhall (Jul 17, 2025 13:14 MDT)
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______________________________
CITY RECORDER
(SEAL)
Bill No. ________ of 2025.
Published: ______________.
Ordinance on public hearing requirements in
land use appeals (final)
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date: ___________________________
By: ____________________________
Courtney Lords, Senior City Attorney
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Courtney Lords (Jul 16, 2025 16:09 MDT)
7/16/257/17/2025
Ordinance 46 of 2025 - Zoning Text Amendment
for Public Hearing Requirements for Appeals
and Variances
Final Audit Report 2025-07-17
Created:2025-07-16
By:STEPHANIE ELLIOTT (STEPHANIE.ELLIOTT@slc.gov)
Status:Signed
Transaction ID:CBJCHBCAABAA_ia_Htw43sUS2piWpWgWxoNAdBc0xIN9
"Ordinance 46 of 2025 - Zoning Text Amendment for Public Hea
ring Requirements for Appeals and Variances" History
Document created by STEPHANIE ELLIOTT (STEPHANIE.ELLIOTT@slc.gov)
2025-07-16 - 8:09:38 PM GMT
Document emailed to Courtney Lords (Courtney.Lords@slc.gov) for signature
2025-07-16 - 8:29:54 PM GMT
Email viewed by Courtney Lords (Courtney.Lords@slc.gov)
2025-07-16 - 10:09:16 PM GMT
Document e-signed by Courtney Lords (Courtney.Lords@slc.gov)
Signature Date: 2025-07-16 - 10:09:35 PM GMT - Time Source: server
Document emailed to Chris Wharton (chris.wharton@slc.gov) for signature
2025-07-16 - 10:09:36 PM GMT
Email viewed by Chris Wharton (chris.wharton@slc.gov)
2025-07-17 - 6:04:29 AM GMT
Document e-signed by Chris Wharton (chris.wharton@slc.gov)
Signature Date: 2025-07-17 - 4:59:14 PM GMT - Time Source: server
Document emailed to Erin Mendenhall (erin.mendenhall@slc.gov) for signature
2025-07-17 - 4:59:16 PM GMT
Email viewed by Erin Mendenhall (erin.mendenhall@slc.gov)
2025-07-17 - 7:14:12 PM GMT
Document e-signed by Erin Mendenhall (erin.mendenhall@slc.gov)
Signature Date: 2025-07-17 - 7:14:28 PM GMT - Time Source: server
Document emailed to Keith Reynolds (Keith.Reynolds@slc.gov) for signature
2025-07-17 - 7:14:30 PM GMT
Email viewed by Keith Reynolds (Keith.Reynolds@slc.gov)
2025-07-17 - 8:06:08 PM GMT
Document e-signed by Keith Reynolds (Keith.Reynolds@slc.gov)
Signature Date: 2025-07-17 - 8:07:47 PM GMT - Time Source: server
Agreement completed.
2025-07-17 - 8:07:47 PM GMT