069 of 2009 - To provide additional clarity & efficiency in land use regulation regarding notice & appeals 0 09-1
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SALT LAKE CITY ORDINANCE
No. 69 of 2009
(An Ordinance Amending Certain Provisions of Titles
21A (Zoning) of the Salt Lake City Code)
An ordinance amending certain sections of Title 21A (Zoning) of the Salt Lake City Code
pursuant to Petition No. PLNPCM2009-00106 to provide additional clarity and efficiency in land
use regulation regarding notice and appeals.
WHEREAS, the Salt Lake City Planning Commission ("Planning Commission") held a
public hearing on March 25, 2009 to consider a request made by Salt Lake City Mayor Ralph
Becker(petition no. PLNPCM2009-00106) to amend the text of certain sections of Title 21A
(Zoning) of the Salt Lake City Code to provide additional clarity and efficiency in land use
regulation regarding notice and appeals.
WHEREAS, at its March 25, 2009 hearing, the Planning Commission voted in favor of
recommending to the City Council that the City Council amend certain sections of Title 21A
(Zoning) of the Salt Lake City Code; and
WHEREAS, after a public hearing on this matter the City Council has determined that
the following 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 text of Salt Lake City Code section 21A.06.030. That section
21A.06.030.G of the Salt Lake City Code (Planning Commission), shall be, and hereby is,
amended to read as follows:
G. Quorum and Vote. No business shall be conducted at a meeting of the planning
commission without at least a quorum of six voting members. All actions of the
planning commission shall be represented by a vote of the membership. A simple
majority of the voting members present at the meeting at which a quorum is present
shall be required for any action taken. The decision of the planning commission shall
become effective upon the posting of the Record of Decision.
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SECTION 2. Amending text of Salt Lake City Code section 21A.06.040. That section
21A.06.040 of the Salt Lake City Code (Board of adjustment), shall be, and hereby is, amended
to read as follows:
21A.06.040 Board of adjustment.
A. Creation. The board of adjustment is created pursuant to the enabling authority granted by
the Municipal Land Use Development and Management Act, Section 10-9a-701 of the
Utah Code Annotated.
B. Jurisdiction and Authority. The board of adjustment shall have the following powers and
duties in connection with the implementation of this title:
1. Hear and decide appeals from any administrative decision made by the zoning
administrator in the administration or the enforcement of this title pursuant to the
procedures and standards set forth in this Part II, Chapter 21 A.16, Appeals of
Administrative Decisions, with the exception of administrative reviews of Certificates of
Appropriateness which shall be appealed to the Historic Landmark Commission, as set
forth in Chapter 21A.06.050(C)(4);
2. Authorize variances from the teinis of this title pursuant to the procedures and
standards set forth in this Part II, Chapter 21A.18, Variances;
3. Authorize special exceptions to the terms of this title pursuant to the procedures and
standards set forth in Part V, Chapter 21A.52, Special Exceptions;
4. Make detetininations regarding the existence, expansion or modification of
nonconforming uses and noncomplying structures pursuant to the procedures and
standards set forth in Part IV, Chapter 21A.38, Nonconforming Uses and Noncomplying
Structures.
C. Membership. The board of adjustment shall consist of five 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. Members may serve a maximum of
two consecutive full terms of five 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 alternate members of the board of
adjustment for a term not to exceed five years, to serve in the absence of a member or
members of the board of adjustment. No more than two alternate members shall vote at
any meeting of the board of adjustment at one time. The prior term of an alternate
member who subsequently becomes a full-time member of the board of adjustment shall
not prevent that member from serving two consecutive terms. Appointments to fill
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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 board of adjustment shall annually elect a chair and a vice-chair who shall
serve for a term of one year each. The chair or the vice-chair may be elected to serve
consecutive terms in the same office. The secretary of the board of adjustment shall be
designated by the zoning administrator.
E. Meetings. The board of adjustment shall meet at least once a month.
F. Record of Proceedings. The proceedings of each meeting and public 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 board of adjustment.
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 of its examinations and official actions. The board of adjustment may, at its
discretion, have its proceedings contemporaneously transcribed by a court reporter.
G. Quorum and Vote. No business shall be conducted at a meeting of the board of adjustment
without a quorum of at least three members, consisting of either three regular members,
or one regular member and up to two alternate members. A simple majority of the voting
members present at a meeting at which a quorum is present shall be required for any
action except a decision on appeal to reverse an order, requirement, decision or
determination of any administrative official or agency or to decide in favor of an
appellant. In such case, a concurring vote of three members of the board of adjustment
shall be necessary. Decisions of the board of adjustment shall become effective upon the
posting of the Record of Decision.
H. Public Hearings. The board of adjustment shall schedule and give public notice of all
public hearings pursuant to the provisions of this Part II, Chapter 21 A.10, General
Application and Public Hearing Procedures.
I. Conflict of Interest. No member of the board of adjustment 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 board of adjustment 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.
J. Removal of a Member. Any member of the board of adjustment may be removed by the
mayor for violation of this title or any policies and procedures adopted by the board of
adjustment following receipt by the mayor of a written complaint filed against the
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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 board of adjustment shall adopt policies and procedures for
the conduct of its meetings, the processing of applications and for any other purposes
considered necessary for its proper functioning.
SECTION 3. Amending text of Salt Lake City Code section 21A.06.050. That section
21A.06.050.I of the Salt Lake City Code (Historic landmark commission), shall be, and hereby
is, amended to read as follows:
I. Quorum And Vote: No business shall be conducted at a meeting of the historic
landmark commission without a quorum. A majority of the voting members of the
historic landmark commission constitutes a quorum. All actions of the historic landmark
commission shall be represented by a vote of the membership. A simple majority of the
voting members present at a meeting at which a quorum is present shall be required for
any action taken. The decision of the historic landmark commission shall become
effective upon the posting of the Record of Decision.
SECTION 4. Amending text of Salt Lake City Code section 21 A.10.020. That section
21 A.10.010 of the Salt Lake City Code (Public Hearing Notice Requirements), shall be, and
hereby is, amended to read as follows:
21A.10.020 Public Hearing Notice Requirements:
Providing all of the information necessary for notice of all public hearings required under
this title shall be the responsibility of the applicant and shall be in the form established by
the zoning administrator and subject to the approval of the zoning administrator pursuant
to the standards of this section.
A. Special Exception Permits, Variances and Appeals Of Zoning Administrator
Decisions: The board of adjustment shall hold at least one public hearing to review,
consider and approve, approve with conditions, or deny an application for a special
exception or for a variance, or to consider an appeal from a decision of the zoning
administrator. Such hearing shall be held after the following public notification:
1. Mailing: Notice by first class mail shall be provided a minimum of twelve (12)
calendar days in advance of the public hearing to all owners and tenants of the land,
as shown on the Salt Lake City Geographic Information System records, included in
the application for a special exception, variance, or an appeal of a decision by the
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zoning administrator, as well as to all owners of land and tenants, as shown on the
Salt Lake City Geographic Information System records, within eighty five feet (85')
or three hundred feet (300') if the proposal involves construction of a new principal
building of the periphery of the land subject to the application for a special exception
for a variance, or an appeal of a decision by the zoning administrator. Notice shall be
given to each individual property owner and tenant if an affected property is held in
condominium.
2. Posting: The land subject to an application shall be posted by the city with a sign
giving notice of the public hearing at least ten (10) calendar days in advance of the
public hearing.
a. Location: One notice shall be posted for each five hundred feet (500') of
frontage, or portion thereof, along a public street. At least one sign shall be posted
on each public street. The sign(s) shall be located on the property subject to the
request or petition and shall be set back no more than twenty five feet (25') from
the front property line and shall be visible from the street. Where the land does not
have frontage on a public street, signs shall be erected on the nearest street right of
way with an attached notation indicating generally the direction and distance to the
land subject to the application.
b. Removal: If the sign is removed through no fault of the applicant before the
hearing, such removal shall not be deemed a failure to comply with the standards,
or be grounds to challenge the validity of any decision made on the application.
3. Notification To Recognized And Registered Organizations: The city shall give
notification a minimum of twelve (12) calendar days in advance of the public hearing
to any organization which is entitled to receive notice pursuant to chapter 2.62 of this
code.
B. Conditional Uses: The planning commission, or administrative hearing officer when
applicable, shall hold at least one public hearing to review, consider and approve,
approve with conditions or deny an application for a conditional use after the
following public notification:
1. Mailing: Notice by first class mail shall be provided a minimum of twelve (12)
calendar days in advance of the public hearing, to all owners of the land, as shown on
the Salt Lake City Geographic Information System records, included in the
application for a conditional use, as well as to all owners of land and tenants, as
shown on the Salt Lake City Geographic Information System records, within three
hundred feet (300') of the periphery of the land subject to the application for a
conditional use. Notice shall be given to each individual property owner and tenant if
an affected property is held in condominium ownership.
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2. Posting: The land subject to an application shall be posted by the city with a sign
giving notice of the public hearing at least ten (10) calendar days in advance of the
public hearing.
a. Location: One notice shall be posted for each five hundred feet (500') of
frontage, or portion thereof, along a public street. At least one sign shall be posted
on each public street. The sign(s) shall be located on the property subject to the
request or petition and shall be set back no more than twenty five feet (25') from
the front property line and shall be visible from the street. Where the land does not
have frontage on a public street, signs shall be erected on the nearest street right of
way with an attached notation indicating generally the direction and distance to the
land subject to the application.
b. Removal: If the sign is removed through no fault of the applicant before the
hearing, such removal shall not be deemed a failure to comply with the standards,
or be grounds to challenge the validity of any decision made on the application.
3. Notification To Recognized And Registered Organizations: The city shall give
notification a minimum of twelve (12) calendar days in advance of the public hearing
by first class mail to any organization which is entitled to receive notice pursuant to
chapter 2.62 of this code.
C. Conditional Building And Site Design Review: The planning commission shall
consider requests for conditional building and site design review at a public hearing if
there is an expression of interest after providing notice as follows:
1. Notification: The city shall provide written notice a minimum of twelve (12) days
in advance of the requested action to all owners of the land and tenants subject to the
application, as shown on the Salt Lake City Geographic Information System records
included in the application, as well as to the planning commission and to all owners
of land and tenants as shown on the Salt Lake City Geographic Information System
records adjacent to and contiguous with the land subject to the application. At the end
of the twelve (12) day notice period, if there are requests for a public hearing, the
planning commission will schedule a public hearing and consider the issue; if there
are no requests for a public hearing, the planning commission may authorize the
planning director to decide the issue administratively.
2. Notification to Recognized and Registered Organizations:_The city shall also
provide notification to any organization which is entitled to receive notice pursuant to
chapter 2.62 of this code.
3. Posting: The land subject to the application shall be posted by the city with a sign
giving notice of the pending action at least ten (10) calendar days in advance of the
public hearing.
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a. Location: One notice shall be posted for each five hundred feet (500') of
frontage, or portion thereof, along a public street. At least one sign shall be posted
on each public street. The sign(s) shall be located on the property subject to the
request or petition and shall be set back no more than twenty five feet (25') from
the front property line and shall be visible from the street. Where the land does not
have frontage on a public street, signs shall be erected on the nearest street right of
way with an attached notation indicating generally the direction and distance to the
land subject to the application.
b. Removal: If the sign is removed through no fault of the applicant before the
hearing, such removal shall not be deemed a failure to comply with the standards,
or be grounds to challenge the validity of any decision made on the application.
4. Public Hearing: If the planning commission holds a public hearing, the city shall
provide written notice a minimum of twelve (12) calendar days in advance of the
public hearing to all owners of the land and tenants subject to the application, as
shown on the Salt Lake City Geographic Information System records included in the
application, as well as to the planning commission and to all owners of land and
tenants as shown on the Salt Lake City Geographic Information System records
adjacent to and contiguous with the land subject to the application. The city shall also
provide notification to any organization which is entitled to receive notice pursuant to
chapter 2.62 of this code. The land subject to the application shall be posted by the
city with a sign giving notice of the pending action at least ten (10) calendar days in
advance of the public hearing.
In the event that the city and applicant are aware of advanced interest in the project.
The applicant may request to forgo the time frame for determining interest and
request a public hearing with the planning commission.
D. Amendments to the Zoning Map Or The Text Of This Title: The planning
commission, the city council and the historic landmark commission where applicable,
shall each hold at least one public hearing on an application for an amendment to the
text of this title or the zoning map. At its public hearing, the planning commission,
and the historic landmark commission where applicable, shall review, consider and
recommend to the city council that the council adopt, modify or reject the proposed
amendment. At its public hearing, the city council shall adopt, modify or reject the
proposed amendment. Public notification shall be provided as follows:
1. Publication (First Public Hearing): At least twelve (12) calendar days in advance
of the first public hearing on an application for an amendment to the text of this title
or the zoning map, the city shall publish a notice of such public hearing in a
newspaper of general circulation in Salt Lake City.
2. Mailing: Notice by first class mail shall be provided a minimum of twelve (12)
calendar days in advance of the public hearing(s) before the planning commission,
city council and the historic landmark commission, where applicable, to all owners of
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the land and tenants as shown on the Salt Lake City Geographic Information System
records, included in the application for a zoning map amendment as well as to all
owners of land and tenants, as shown on the Salt Lake City Geographic Information
System records, within three hundred feet (300') of the periphery of the land subject
to the application for an amendment to the zoning map. Notice for amendments to the
text of this title shall not require a mailing of notice to property owners. Required
notice for a zoning map amendment shall be given to each individual property owner
and tenants if an affected property is held in condominium ownership.
3. Posting: The property(ies) subject to an application for an amendment to the
zoning map shall be posted by the city with a notice on a sign of the planning
commission or historic landmark commission at least ten (10) calendar days in
advance of the public hearings.
a. Location: One notice shall be posted for each five hundred feet (500') of
frontage, or portion thereof, along a public street. At least one sign shall be posted
on each public street. The sign(s) shall be located on the property subject to the
request or petition and shall be set back no more than twenty five feet (25') from
the front property line and shall be visible from the street. If the owner of the
property is not the applicant and the owner objects to the petition, then the sign
may be placed on the public right of way in front of the property. Where the land
does not have frontage on a public street, signs shall be erected on the nearest street
right of way with an attached notation indicating generally the direction and
distance to the land subject to the application.
b. Removal: If the sign is removed through no fault of the applicant before the
hearing, such removal shall not be deemed a failure to comply with the standards,
or be grounds to challenge the validity of any decision made on the application.
c. Exemption: This posting requirement shall not apply to applications for
amendments involving an H historic preservation overlay district, applications for a
certificate of appropriateness or applications for comprehensive rezonings of areas
involving multiple parcels of land.
4. Notification To Recognized And Registered Organizations: The city shall give
notification a minimum of twelve (12) calendar days in advance of the public hearing
to any organization which is entitled to receive notice pursuant to chapter 2.62 of this
code.
E. Certificates Of Appropriateness For Landmark Sites Or Contributing Structures
Located Within An H Historic Preservation Overlay District: The historic
landmark commission shall hold at least one public hearing to review, consider and
approve, approve with conditions, or deny an application for a certificate of
appropriateness for alteration, new construction, relocation or demolition of a
landmark site or contributing structure(s) located in the H historic preservation
overlay district. No such public hearing shall be required in the event the application
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is to be administratively approved subject to subsection 21A.34.020.F.1 of this title.
Where a public hearing is required, such hearing shall be held after the following
public notification:
1. Mailing: Notice by first class mail shall be provided a minimum of twelve (12)
calendar days in advance of the public hearing, or determination of noncontributing
status involving demolition, to all owners of the land and tenants, as shown on the
Salt Lake City Geographic Information System records, included in the application
for certificates of appropriateness for new construction, relocation and demolition, as
well as to all owners of land and tenants, as shown on the Salt Lake City Geographic
Information System records, within eighty five feet (85') for certificates of
appropriateness for alterations and three hundred feet (300') for certificates of
appropriateness for new construction, relocation and demolition of the periphery of
the land subject to the application of a landmark site or contributing structure(s) in the
H historic preservation overlay district. Notice shall be given to each individual
property owner and tenants if an affected property is held in condominium ownership.
2. Posting: The land subject to an application for demolition, or relocation of a
landmark site or contributing structure(s) located in the H historic preservation
overlay district shall be posted by the city with a notice on a sign of the public
hearing at least ten (10) calendar days in advance of the public hearing.
a. Location: One notice shall be posted for each five hundred feet (500') of
frontage, or portion thereof, along a public street. At least one sign shall be posted
on each public street. The sign(s) shall be located on the property subject to the
request or petition and shall be set back no more than twenty five feet(25') from
the front property line and shall be visible from the street. Where the land does not
have frontage on a public street, signs shall be erected on the nearest street right of
way with an attached notation indicating generally the direction and distance to the
land subject to the application.
b. Removal: If the sign is removed through no fault of the applicant before the
hearing, such removal shall not be deemed a failure to comply with the standards,
or be grounds to challenge the validity of any decision made on the application.
3. Notification To Recognized And Registered Organizations: The city shall give
notification a minimum of twelve (12) calendar days in advance of the public hearing
by first class mail to any organization which is entitled to receive notice pursuant to
chapter 2.62 of this code.
F. Determination Of Noncontributing Status Within An H Historic Preservation
Overlay District: Prior to the approval of an administrative decision for a certificate
of appropriateness for demolition of a noncontributing structure, the planning director
shall provide written notice of the determination of noncontributing status of the
property to all owners of the land and tenants, as shown on the Salt Lake City
Geographic Information System records, included in the application for determination
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of noncontributing status, as well as to the historic landmark commission and to all
owners of land and tenants as shown on the Salt Lake City Geographic Information
System records within eighty five feet(85') of the land subject to the application. At
the end of the twelve (12) day notice period, the planning director shall either issue a
certificate of appropriateness for demolition or refer the application to the historic
landmark commission.
G. Contents Of Notice For Mailing: The notice for mailing for any public hearing
required pursuant to subsections A through E of this section shall state the substance
of the application and the date, time and place of the public hearing, and the place
where such application may be inspected by the public. The notice shall also advise
that interested parties may appear at the public hearing and be heard with respect to
the application.
SECTION 5. Amending text of Salt Lake City Code section 21 A.10.030. That section
21 A.10.030 of the Salt Lake City Code (Public Hearing Procedures), shall be, and hereby is,
amended to read as follows:
21 A.10.030 Public Hearing Procedures:
A public hearing held pursuant to the provisions of this Title shall comply with the following
procedures:
A. Scheduling The Public Hearing: An application requiring a public hearing shall be
scheduled to be heard within a reasonable time in light of the complexity of the
application and available staff resources, and by the applicable public notice standards
under this Title or such time as is mutually agreed upon between the applicant and the
decision-making body.
B. Examination And Copying Of Application And Other Documents: Upon reasonable
request, and during normal business hours, any person may examine an application and
materials submitted in support of or in opposition to an application in the appropriate City
office. Copies of such materials shall be made available at reasonable cost.
C. Conduct Of Public Hearing:
1. Rights Of All Persons: Any person may appear at a public hearing and submit
evidence, either individually or as a representative of a person or an organization. Each
person who appears at a public hearing shall be identified, state an address, and if
appearing on behalf of a person or an organization, state the name and mailing address of
the person or organization being represented.
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2. Exclusion Of Testimony: The body conducting the public hearing may exclude
testimony or evidence that it finds to be irrelevant, immaterial, unduly repetitious, or
otherwise inadmissible.
3. Proffers Of Testimony: In the event any testimony or evidence is excluded as
irrelevant, immaterial or unduly repetitious, the person offering such testimony or
evidence shall have an opportunity to offer a proffer in regard to such testimony or
evidence for the record. Such proffer shall be made at the public hearing.
4. Continuance Of Public Hearing: The body or officer conducting the public hearing
may, upon the body's or officer's own motion, continue the public hearing or meeting to a
fixed date, time and place. Two-thirds (2/3) of the voting members present at the hearing
or meeting at which a quorum is present shall be required for a continuance, unless it is
an administrative hearing. An applicant may request and be granted one continuance;
however, all subsequent continuances shall be granted at the discretion of the body or
officer conducting the public hearing only upon good cause shown.
D. Withdrawal Of Application: An applicant may withdraw an application at any time prior
to the action on the application by the decision-making body or officer. Application fees,
however, shall not be refundable if a staff report on the application has already been
prepared or notice of a public hearing on the application has already been mailed, posted
or published pursuant to the provisions of Section 21A.10.020 of this Chapter.
E. Record Of Public Hearing Or Meeting:
1. Recording Of Public Hearing: Except where required otherwise by statute, the body
or officer conducting the public hearing shall record the public hearing by any
appropriate means. A copy of the public hearing record may be acquired upon request to
the Zoning Administrator and payment of a fee to cover the cost of duplication of the
record.
2. The Record: The minutes, tape recordings, all applications, exhibits, papers and
reports submitted in any proceeding before the decision-making body or officer, and the
decision of the decision-making body or officer shall constitute the record.
3. Location Of Record And Inspection: All records of decision-making bodies or
officers shall be public records, open for inspection at the offices of the decision-making
body or officer during normal business hours and upon reasonable request.
F. General Procedures For Findings And Decisions:
1. General: Action shall be taken in compliance with any time limits established in this
Title and as promptly as possible in consideration of the interests of the citizens of Salt
Lake City and the applicant, and shall include a clear statement of approval, approval
with conditions or disapproval.
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2. Findings: Except for the City Council, whose decision shall be made by motion or
ordinance as appropriate, all decisions, shall be in writing and shall include at least the
following elements:
a. A summary of the information presented before the decision-making body or officer;
b. A summary of all documentary evidence submitted into the record to the decision-
making body or officer and which the decision-making body or officer considered in
making the decision;
c. A statement of the general purpose of this Title, the specific purpose of the district
where the use is or would be located, and the standards relevant to the application;
d. A statement of specific findings of fact or other factors considered, whichever is
appropriate, and a statement of the basis upon which such facts were determined, with
specific reference to the relevant standards set forth in this Title; and
e. A statement of approval, approval with conditions or disapproval.
G. Notification: The Record of Decision notifying the applicant of the decision of the
decision-making body or officer shall be sent within ten (10) days of the decision. A copy
of the decision shall also be made available to the applicant at the offices of the decision-
making body or officer during normal business hours, within a reasonable period of time
after the decision. The date of the Record of Decision will begin the permitted timeframe
for an appeal of the decision-making body.
SECTION 6. Amending text of Salt Lake City Code section 21A.34.020.F.1.h. That
section 21A.34.020.F.1.h of the Salt Lake City Code (Appeal of Administrative Decision to
Historic Landmark Commission), shall be, and hereby is, amended to read as follows:
h. Appeal Of Administrative Decision To Historic Landmark Commission: The
applicant, if aggrieved by the administrative decision, may appeal the decision to
the historic landmark commission within ten (10)_days following the date on
which a Record of Decision is issued. Once an appeal of an administrative
decision has been filed, the procedure shall be as outlined in subsection F2 of this
section.
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SECTION 7. Amending text of Salt Lake City Code section 21A.34.020.F.2.h. That
section 21A.34.020.F.2.h of the Salt Lake City Code (Appeal of Historic Landmark Commission
Decision to Land Use Appeals Board), 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 this code, the Utah
State Historical Society or the Utah Heritage Foundation, aggrieved by the
historic landmark commission's decision, may object to the decision by filing
a written appeal with the land use appeals board within ten (10) days
following the date on which a Record of Decision is issued. 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.
SECTION 8. Amending text of Salt Lake City Code section 21A.54.150.N. That
section 21A.54.150.N of the Salt Lake City Code (Planned Developments: Appeal of Planning
Commission Decision), shall be, and hereby is, amended to read as follows:
N. Appeal Of The Planning Commission Decision: Any party aggrieved by the
decision of the planning commission on appeal of the planning director's
refusal to certify a final development plan, may file an appeal to the land use
appeals board. Such appeal must be filed within ten (10) days from the date
on which a Record of Decision is issued.
SECTION 9. Amending text of Salt Lake City Code section 21A.54.155. That section
21A.54.155.0 of the Salt Lake City Code (Administrative Consideration Of Conditional Uses),
shall be, and hereby is, amended to read as follows:
C. Appeals:
I. Objection To Administrative Consideration: The petitioner or any person who
objects to the planning director or designee administratively considering the
conditional use request may request a hearing before the planning commission by
filing a written notice at any time prior to the planning director's scheduled
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administrative hearing on the conditional use request. If no such objections are
received by the city prior to the planning director's administrative hearing, any
objections to such administrative consideration will be deemed waived. The notice
shall specify all reasons for the objection to the administrative hearing. Upon receipt
of such an objection, the matter will be forwarded to the Salt Lake City planning
commission for consideration and decision.
2. Appeal Of Administrative Consideration: Any person aggrieved by the
decision made by the planning director or designee at an administrative hearing may
appeal that decision to the Salt Lake City planning commission by filing notice of an
appeal within ten (10) calendar_days after the planning director's administrative
hearing. The notice of appeal shall specify, in detail, the reason(s) for the appeal.
Reasons for the appeal shall be based upon procedural error or compliance with the
standards for conditional uses listed in section 21A.54.080 of this chapter or any
specific standards listed in this title that regulate the particular use.
SECTION 10. Amending text of Salt Lake City Code section 21A.54.160. That section
21A.54.160 of the Salt Lake City Code (Appeal of Planning Commission Decision), 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 ten (10) days of the date on which a Record of
Decision is issued. 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.
SECTION 11. Amending text of Salt Lake City Code section 21A.59.070.C.2. That
section 21A.59.070.C.2 of the Salt Lake City Code (Conditional Building and Site Design
Review: Appeal of Planning Commission Decision), shall be, and hereby is, amended to read as
follows:
2. Appeal Of Planning Commission Decision: Any appeal of the planning
commission decision shall be made to the land use appeals board, pursuant to
chapter 2.88 of this title within ten (10) days of the date on which a Record of
Decision is issued.
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SECTION 14. 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 1 day of December
2009.
CHA " '•' So
ATTEST AND COUNTERSIGN:
CITY RECOMRDER`�// 44PE-eA� '' e://4
�S
Transmitted to Mayor on 12-18-09
Mayor's Action: / Approved. Vetoed.
MAY
C Y RE ORDE APPROVED AS TO FORM
f�wgw
1Ty r�T4#t Salt Lake City Attorney's Office
Date: I ,
(SEAL)
By:
69 'a aul C. Ni ,Senior City Attorney
Bill No. of 2009.
Published: 12-31-09
H B_A TTY-»8 I I 1-v7-Ord -_Amend ing_Title21 A_re-_notice_and_appeals.DOC
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