Loading...
HomeMy WebLinkAboutLegislative Version Ordinance - 1/13/2026V1 1 Project Title: Disposition of City Owned Rights of Way Amendments Petition No.: PLNPCM2025-00423 Version: Planning Commission Recommended Date Prepared: January 6, 2026 Action by Planning Commission: Recommended 9/24/2025 This proposed ordinance makes the following amendments (for summary purposes only): Rewrites chapter 14.52 to address disposition of streets and alleys Amends Section 20.16.050 to make the disposition process consistent in the context of a subdivision application 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. 1. Amends the list of chapters at the beginning of Title 14 as follows: 1 2 TITLE 14 3 STREETS, SIDEWALKS AND PUBLIC PLACES 4 Accommodation Of Bicyclists And Pedestrians At All City Owned Transportation Facilities In The 5 Public Right-Of-Way 14.06 6 Street And Building Numbering System 14.08 7 Monuments 14.10 8 Street And Sidewalk Use 14.12 9 Sidewalk Use Restrictions 14.20 10 Streets And Sidewalks; Unlawful Acts 14.28 11 Construction, Excavation And Obstructions In The Public Right-Of-Way 14.32 12 News Racks 14.36 13 Sidewalk Entertainers And Artists 14.38 14 Utility Poles And Wires 14.40 15 Railroads 14.44 16 Decorative Street Lighting Program 14.48 17 Disposition Of City Owned AlleysRights of Way 14.52 18 Dedication Of Private Streets To Public Ownership 14.54 19 Wireless Facilities In The Public Way 14.56 20 21 2. Deletes and replaces Chapter 14.52 as follows: 22 23 CHAPTER 14.52 DISPOSITION OF CITY OWNED ALLEYS 24 SECTION: 25 14.52.010: Disposition Of City's Property Interest In Alleys 26 14.52.020: Policy Considerations For Closure, Vacation Or Abandonment Of City Owned Alleys 27 14.52.030: Processing Petitions 28 14.52.040: Method Of Disposition 29 14.52.050: Petition For Review 30 APPROVED AS TO FORM Salt Lake City Attorney’s Office Date: __January 6, 2026__________ By: ___________________________ Katherine D. Pasker, Senior City Attorney V1 2 31 14.52.010: DISPOSITION OF CITY'S PROPERTY INTEREST IN ALLEYS: 32 The City supports the legal disposition of Salt Lake City's real property interests, in whole or in part, with 33 regard to City owned alleys, subject to the substantive and procedural requirements set forth herein. 34 35 14.52.020: POLICY CONSIDERATIONS FOR CLOSURE, VACATION OR ABANDONMENT OF 36 CITY OWNED ALLEYS: 37 The City will not consider disposing of its interest in an alley, in whole or in part, unless it receives a 38 petition in writing which demonstrates that the disposition satisfies at least one of the following policy 39 considerations: 40 A. Lack Of Use: The City's legal interest in the property appears of record or is reflected on an 41 applicable plat; however, it is evident from an on site inspection that the alley does not physically exist or 42 has been materially blocked in a way that renders it unusable as a public right-of-way; 43 B. Public Safety: The existence of the alley is substantially contributing to crime, unlawful activity, 44 unsafe conditions, public health problems, or blight in the surrounding area; 45 C. Urban Design: The continuation of the alley does not serve as a positive urban design element; or 46 D. Community Purpose: The petitioners are proposing to restrict the general public from use of the alley 47 in favor of a community use, such as a neighborhood play area or garden. 48 49 14.52.030: PROCESSING PETITIONS: 50 There will be three (3) phases for processing petitions to dispose of City owned alleys under this section. 51 Those phases include an administrative determination of completeness; a public hearing, including a 52 recommendation from the Planning Commission; and a public hearing before the City Council. 53 A. Administrative Determination Of Completeness: The City administration will determine whether or 54 not the petition is complete according to the following requirements: 55 1. The petition must bear the signatures of no less than seventy five percent (75%) of the neighbors 56 owning property which abuts the subject alley property; 57 2. The petition must identify which policy considerations discussed above support the petition; 58 3. The petition must affirm that written notice has been given to all owners of property located in the 59 block or blocks within which the subject alley property is located; 60 4. A signed statement that the applicant has met with and explained the proposal to the appropriate 61 community organization entitled to receive notice pursuant to title 2, chapter 2.60 of this Code; and 62 5. The appropriate City processing fee shown on the Salt Lake City consolidated fee schedule has 63 been paid. 64 B. Public Hearing And Recommendation From The Planning Commission: Upon receipt of a complete 65 petition, a public hearing shall be scheduled before the Planning Commission to consider the proposed 66 disposition of the City owned alley property. Following the conclusion of the public hearing, the Planning 67 Commission shall make a report and recommendation to the City Council on the proposed disposition of 68 the subject alley property. A positive recommendation should include an analysis of the following factors: 69 1. The City Police Department, Fire Department, Transportation Division, and all other relevant City 70 departments and divisions have no reasonable objection to the proposed disposition of the property; 71 2. The petition meets at least one of the policy considerations stated above; 72 3. Granting the petition will not deny sole access or required off street parking to any property 73 adjacent to the alley; 74 4. Granting the petition will not result in any property being landlocked; 75 5. Granting the petition will not result in a use of the alley property which is otherwise contrary to 76 the policies of the City, including applicable master plans and other adopted statements of policy which 77 address, but which are not limited to, mid block walkways, pedestrian paths, trails, and alternative 78 transportation uses; 79 V1 3 6. No opposing abutting property owner intends to build a garage requiring access from the property, 80 or has made application for a building permit, or if such a permit has been issued, construction has been 81 completed within twelve (12) months of issuance of the building permit; 82 7. The petition furthers the City preference for disposing of an entire alley, rather than a small 83 segment of it; and 84 8. The alley property is not necessary for actual or potential rear access to residences or for accessory 85 uses. 86 C. Public Hearing Before The City Council: Upon receipt of the report and recommendation from the 87 Planning Commission, the City Council will consider the proposed petition for disposition of the subject 88 alley property. After a public hearing to consider the matter, the City Council will make a decision on the 89 proposed petition based upon the factors identified above. 90 91 14.52.040: METHOD OF DISPOSITION: 92 If the City Council grants the petition, the City owned alley property will be disposed of as follows: 93 A. Low Density Residential Areas: If the alley property abuts properties which are zoned for low density 94 residential use, the alley will merely be vacated. For the purposes of this section, "low density residential 95 use" shall mean properties which are zoned for single-family, duplex or twin home residential uses. 96 B. High Density Residential Properties And Other Nonresidential Properties: If the alley abuts properties 97 which are zoned for high density residential use or other nonresidential uses, the alley will be closed and 98 abandoned, subject to payment to the City of the fair market value of that alley property, based upon the 99 value added to the abutting properties. 100 C. Mixed Zoning: If an alley abuts both low density residential properties and either high density 101 residential properties or nonresidential properties, those portions which abut the low density residential 102 properties shall be vacated, and the remainder shall be closed, abandoned and sold for fair market value. 103 104 14.52.050: PETITION FOR REVIEW: 105 Any party aggrieved by the decision of the City Council as to the disposition of City owned alley property 106 may file a petition for review of that decision within thirty (30) days after the City Council's decision 107 becomes final, in the 3rd District Court. 108 109 110 CHAPTER 14.52 DISPOSITION OF CITY OWNED RIGHTS OF WAY 111 SECTION: 112 14.52.010: Purpose 113 14.52.020: Applicability 114 14.52.030: Definitions 115 14.52.040: Application Requirements 116 14.52.050: Process to Close or Vacate City Owned Rights of Way 117 14.52.060: Factors for Closing or Vacating City Owned Rights of Way 118 14.52.070: Disposing of Vacated City Owned Rights of Way 119 14.52.080: Closures 120 14.52.090: Appeals 121 122 123 14.52.010: PURPOSE: 124 125 The purpose of this chapter is to establish a process for the city council to decide if a city owned right of 126 way should be closed or vacated. The decision to close or vacate a city owned right of way is at the 127 discretion of the city council. 128 129 130 V1 4 14.52.020: APPLICABILITY: 131 132 A. This chapter applies to any petition to close or vacate city owned rights of way. 133 134 B. Petitions that request to close or vacate a public street located within a platted subdivision are also 135 subject to the subdivision amendment process in Title 20. 136 137 138 14.52.030: DEFINITIONS: 139 140 A. The following definitions apply to the terms found in this chapter. 141 142 1. Alley: A public way within a block primarily intended for service and access to abutting 143 property by vehicles. An alley is not designed for general travel and not used to certify property 144 addresses. 145 146 2. City Owned: A right of way that is subject to the jurisdiction of Salt Lake City. 147 148 3. Closure: The act of eliminating the thoroughfare nature or passageway access of the general 149 public to a city owned right of way, while retaining public ownership of the property. 150 151 4. Rights of Way: A public thoroughfare, regardless of the name, that is dedicated to the city 152 including streets, alleys, roads, highways, paths, and other land that are owned and managed by a 153 government entity. 154 155 5. Street: A vehicular way which may also serve for all or part of its width as a way for pedestrian 156 traffic, whether called street, highway, thoroughfare, parkway, throughway, road, avenue, 157 boulevard, lane, place, alley, mall or otherwise designated. 158 159 5. Vacation: The act of eliminating, in full or in part, city ownership of a right of way. 160 161 162 14.52.040: APPLICATION REQUIREMENTS: 163 164 A. Eligibility to Apply: 165 166 1. The mayor may initiate a petition to close or vacate a city owned right of way by signature on a 167 document that includes the purpose for the closure or vacation and describing the specific 168 location. 169 170 2. The city council may initiate a petition to close or vacate a city owned right of way by adopting 171 a legislative intent. 172 173 3. A property owner who owns land that abuts a public right of way may request to close or 174 vacate a city owned right of way by submitting a petition and all application materials as provided 175 for in this chapter. 176 177 B. Petition Requirements: 178 179 1. A petition submitted by a property owner that is not the city council or the mayor shall include 180 the following information: 181 V1 5 182 a. A completed application on a form provided by the planning director. 183 184 b. The signatures of at least 75% of the property owners owning property that abut the portion 185 of the right of way that is proposed to be closed or vacated. 186 187 c. A written description of the purpose and reasons for the proposed closure or vacation. 188 189 d. A signed affidavit from the applicant that (1) all owners abutting the right of way have 190 received a written notice of the applicant’s desire to close or vacate the right of way, and (2) 191 all operators of utilities located within the bounds of the right of way have received a written 192 notice of the applicant’s desire to close or vacate the right of way. 193 194 e. A description of any existing structure that may be located within the right of way, 195 including the address of the abutting property where the structure may be located. 196 197 f. A map of the proposed right of way that is subject to the closure or vacation that includes 198 the dimensions of the approximate width, length, and area of the proposal. 199 200 g. A written explanation of how the proposed closure or vacation aligns with the factors in 201 14.52.050. 202 203 h. All required fees as outlined in the consolidated fee schedule. 204 205 2. If a petition is initiated by the mayor or the city council, then such petition shall identify the 206 department that will submit to the planning director: 207 208 a. The name and address of each owner of record of land that is adjacent to the right of way 209 that is to be closed or vacated or accessed exclusively by or within 300 feet of the right of 210 way. 211 212 b. Proof of written notice to operators of utilities located within the bounds of the right of 213 way sought to be vacated or closed. 214 215 c. The signature of each owner of record identified in subsection 2a that consents to the 216 vacation or closure. 217 218 219 14.52.050: PROCESS TO CLOSE OR VACATE CITY OWNED RIGHTS OF WAY: 220 221 A. Application Submittal: The petition shall be submitted to the planning director. After receiving the 222 petition, the planning director shall determine if the application is complete. An application may only 223 be deemed complete if all petition requirements have been submitted and fees paid. 224 225 B. Incomplete Applications: A petitioner who fails to provide all the required information that is 226 necessary to start a comprehensive, substantive review of the application will be provided with one 227 written notice of missing submittal requirements. The notice shall itemize each item that is missing, 228 including the citation from this code and provide a deadline of 30 days to provide the missing 229 information. If a petitioner fails to submit the information or fails to negotiate a different deadline to 230 submit the information, the petition may be considered withdrawn and closed. 231 232 V1 6 C. Public Engagement Period: All petitions to close or vacate a city owned right of way shall be 233 subject to the public engagement requirements in 21A.10. 234 235 D. Public Hearing: If the planning commission holds a public hearing prior to making a 236 recommendation on the matter to the city council, notice of the public hearing shall be subject to the 237 public hearing requirements in 21A.10. Notice shall also be provided to the Utah Department of 238 Transportation as required in Utah Code 72-5-105(5)(b). 239 240 1. A public hearing shall be held by the planning commission if, after review by the relevant city 241 departments and the general public, any concerns or objections are raised based on the factors 242 described in 14.52.060. 243 244 2. The request is exempt from a public hearing and recommendation from the planning 245 commission if, after review by the relevant city departments and the general public, no concerns 246 or objections are raised related to the factors described in 14.52.060. In such case, the request 247 shall proceed in accordance with 14.52.050.E with a recommendation from the planning director. 248 249 E. Planning Commission Recommendation: After a public hearing, the planning commission shall 250 forward a recommendation to the city council regarding the proposed closure or vacation. The 251 recommendation shall be based on the applicable factors listed in this chapter and the evidence, or 252 lack of evidence, presented to the planning commission. The planning commission may recommend 253 approval, approval with modifications or conditions, or denial of the petition. If the planning 254 commission does not act within 90 days of the public hearing, the recommendation shall be 255 considered a denial and forwarded to the city council for decision. 256 257 F. City Council Public Hearing: The city council shall hold a public hearing before deciding on a 258 petition to close or vacate a city owned right of way. The public hearing shall be noticed in the same 259 manner as described in 14.52.040.C. After a public hearing is held, the city council may approve, 260 approve with modifications or conditions, or deny the petition. 261 262 G. Exceptions: 263 264 1. The provisions of this section are not required if the city is closing or vacating a right of way in 265 accordance with Utah Code that exempts the petitioner from the process herein. 266 267 268 14.52.060: FACTORS FOR CLOSING OR VACATING CITY OWNED RIGHTS OF WAY: 269 270 The following factors should be considered when deciding a petition to close or vacate a city owned right 271 of way. A decision to close or vacate a city owned right of way is a matter committed to the legislative 272 discretion of the city council and is not controlled by any one factor and not all factors will be applicable 273 to every petition. 274 275 A. Lack Of Use: The city's legal interest in the property appears of record or is reflected on an 276 applicable plat; however, it is evident from an on site inspection that the right-of-way does not 277 physically exist for the purpose of providing access. When determining if lack of use exists, the city 278 should consider: 279 280 1. The lack of evidence of physical use. A gate, fence, or other similar obstruction installed to 281 prevent access to the right of way that has been installed without approval from the city should 282 not be considered evidence of lack of use; 283 V1 7 284 2. Evidence that the right of way never functioned to provide access to properties that abut the285 right of way; 286 287 3. The presence of accessory buildings, mature trees, or other similar items that can be readily288 identifiable from photographs, aerial or satellite images, or other records that demonstrate the 289 item has been within the boundaries of the right of way prior to April 12, 1995. 290 291 B. Public Safety:292 293 1. The existence of the right of way is substantially contributing to crime, unlawful activity,294 unsafe conditions, public health problems, or blight in the surrounding area. 295 296 2. A closure or vacation will not have a detrimental impact on the ability to provide emergency297 access to the right of way or properties abutting the right of way; 298 299 C. Community Purpose: The petitioners are proposing to convert the purpose of the alley in favor of300 a community use, such as a neighborhood play area or garden; 301 302 D. Impact on General Plan: The proposed closure or vacation does not negatively impact connectivity303 for future development that may occur based on the general plan as defined in Title 19. For this 304 factor, the following may be considered: 305 306 1. The closure or vacation does not impact any future active transportation project by requiring307 new drive approaches on a public street that would result in increased conflict points with the 308 active transportation infrastructure or limits the ability of the city to install active transportation 309 infrastructure. 310 311 2. The closure or vacation reduces the ability to use the city owned right of way to improve312 overall connectivity in the vicinity based on the scale and intensity of future land use identified in 313 the general plan. 314 315 3. If the right of way is specifically identified in the general plan on a map or with policies that316 indicate the right of way should be used for current or future connectivity, including a midblock 317 walkway, pedestrian path, trail, service area, access to parking, or alternative transportation uses. 318 319 4. The closure or vacation will not jeopardize the ability to implement any policy, action, or any320 aspect of the adopted general plan. 321 322 5. The closure or vacation will not result in a dead end or cul-de-sac in area where street323 connectivity is identified in a general plan or when continuing the street promotes access to 324 property for future development identified on the applicable future land use map. 325 326 E. Impact to Property: The proposed closure or vacation will not result in a parcel or lot being327 deprived of access or landlocked or impact any development plans or permits on properties that 328 intend to use the right of way for accessing private property. 329 330 F. Public Utilities: If the right of way is considered essential for the location of future public utilities,331 or the right-of-way is required for access to public utility infrastructure, legally binding agreement(s) 332 that preserve such space and access have or will be provided prior to disposition. The agreement(s) 333 should ensure operations, maintenance (including replacement or upgrading of the infrastructure), and 334 V1 8 access to the infrastructure. Agreements should also ensure emergency access to make repairs to any 335 infrastructure within the right of way. 336 337 G . Dimensions: The existing dimensions of the right of way are not necessary to provide safe and 338 reasonable public access and reducing the size of the right of way is consistent with the other listed 339 factors. 340 341 342 14.52.070: DISPOSING OF VACATED CITY OWNED RIGHTS OF WAY : 343 344 A. If a vacation of a city owned right of way is approved by the city council, the area vacated shall be 345 disposed of according to the following: 346 347 1. If the right of way was created by a recorded subdivision, the vacated right of way shall be split 348 down the centerline with each side of the right of way vesting to the adjoining owner of record. 349 350 2. If the right of way was created by a recorded subdivision but not all abutting properties are 351 within the boundaries of the recorded subdivision that the right of way is, the vacated right of way 352 shall be consolidated into the abutting properties that are within the boundaries of the recorded 353 subdivision. 354 355 3. If the right of way is not part of a recorded subdivision, the vacated right of way shall be split 356 down the centerline with each side of the right of way vesting to the adjoining owner of record 357 except where prescribed by Utah State Code. 358 359 4. For vacations proposed by the city, the vacated land may be converted to a lot(s) or parcel(s) 360 for future development. 361 362 5. If the right of way is partially vacated, the vacated portion may be combined with properties on 363 one side of the right of way, both sides of the property, or may create a new lot or parcel. 364 365 6. Notwithstanding the above, the area may be disposed of in any other configuration authorized 366 by Utah law. 367 368 B. Payment Required: Payment to the city shall be required prior to the disposition of the associated 369 vacated area in the following circumstances: 370 371 1. Vacation Adjacent to High Density Residential Properties and Other Nonresidential Properties: 372 If the right of way abuts properties which are designated as having any other future land use 373 designation other than low density residential as described in 14.52.070.C.1, the right of way will 374 be vacated, subject to payment to the city of the fair market value of that right of way property, 375 based upon the value added to the abutting properties. 376 377 2. Vacation Adjacent to Mixed Zoning: If a right of way abuts both low density residential 378 properties as defined in 14.52.070.C.1 and any other future land use designation, those portions 379 which abut the low density residential properties shall be vacated without requiring payment, and 380 the remainder shall be vacated and sold for fair market value. 381 382 C. Payment Not Required: Payment to the city shall not be required prior to the disposition of the 383 associated vacated area in the following circumstances: 384 385 V1 9 1. Vacation Adjacent to Low Density Residential Areas: If the right of way property abuts386 properties which are designated on an adopted future land use map that is part of the adopted 387 general plan as having a future density of less than 25 dwelling units per acre, the right of way 388 will merely be vacated without requiring payment. 389 390 2. Exchanges: The city may agree to a land transfer of the right of way area that is subject to a391 proposed vacation with other land that serves a public purpose or provides a public benefit as 392 determined by the city council. 393 394 395 14.52.080: CLOSURES: 396 397 A.Public Purpose: The city may choose to close the right of way and maintain the use of the land for398 another public purpose as authorized by applicable state code. 399 400 B. Private Purpose: Closure sought by a private property owner may be subject to a lease or401 development agreement to reflect the maintenance responsibilities for the property. 402 403 404 14.52.090: APPEALS: 405 406 Any party aggrieved by a final decision of the city council as to the closure or vacation of city owned 407 rights of way may file a petition for review of that decision with the district court within 30 days after the 408 city council's decision becomes final. 409 410 411 3. Amends Subsection 20.16.050.B as follows: 412 413 B. A subdivision application that includes closing or vacating a public street, alley, or other right414 of way or vacating an easement that the city has a right to, shall be decided by the city council415 after receiving a recommendation from the planning commission or the planning director if no416 public hearing by the planning commission is required. The process shall be in accordance with417 the requirements of Chapter 21A.10 and shall comply with all other applicable requirements of418 14.52.419 420 4. Effective Date. This ordinance shall become effective on the date of its first publication. 421