Transmittal - 7/29/2021ERIN MENDENHALL DEPARTMENT of COMMUNITY
Mayor and NEIGHBORHOODS
Blake Thomas
Director
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV
P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005
CITY COUNCIL TRANSMITTAL
________________________ Date Received: _________________
Lisa Shaffer, Chief Administrative Officer Date sent to Council: _________________
______________________________________________________________________________
TO: Salt Lake City Council DATE:
Chris Wharton, Chair
FROM: Blake Thomas, Director, Department of Community & Neighborhoods
__________________________
SUBJECT: PLNPCM2020-00352 Administrative Decision Appeals Text Amendment
STAFF CONTACT: Daniel Echeverria, Senior Planner, 801-535-7165,
daniel.echeverria@slcgov.com
DOCUMENT TYPE: Ordinance
RECOMMENDATION: That the City Council adopt the proposed modifications to Chapter
21A.16 as recommended by the Planning Commission and Attorney’s Office.
BUDGET IMPACT: None
BACKGROUND/DISCUSSION: This proposed ordinance includes changes to the City Zoning
Ordinance pertaining to appeals of administrative land use decisions. The proposal was initiated
by the City Council in May of this year. The changes were initiated due to issues with the code
being identified by the Attorney’s Office in responding to and processing recent “Administrative
Decision” appeals, particularly related to recent appeals regarding billboards.
Administrative decisions are those made by the Planning Commission, Historic Landmark
Commission, or the Zoning Administrator (City Staff) in the administration of the zoning
ordinance. Administrative decisions include decisions on such processes as Planned
Developments, Design Reviews, Subdivisions, Special Exceptions, and Major/Minor Alterations
to historic properties. Administrative decisions also include when City staff is administering the
ordinance by directly issuing decisions on development proposals or permits, or when the Planning
Commission or Historic Landmarks Commission are the decision makers on proposals.
12/4/2020
Lisa Shaffer (Dec 14, 2020 11:15 MST)
12/14/2020
12/14/2020
The proposed amendments would modify City Code to align with State law, related case law, and
make other clarifications to the “Appeals” chapter of the Zoning Ordinance. The amendments
primarily do the following:
• Clarify that the City Appeals Hearing Officer can only make decisions regarding the
interpretation and application of provisions of Salt Lake City Code, not provisions
regarding the interpretation and application of provisions of the Utah State Code, the Utah
Constitution, Utah common law or federal law.
• Modify the list of allowed appellants to the land use applicant, City board or officer, or “an
adversely affected party” to comply with new State Code.
• Eliminate automatic stays of decisions. An appellant would have to specifically request
and justify a “stay” (a hold on further proceedings on a matter) when appealing an
administrative decision.
Other minor, miscellaneous clarifications are included in the code changes for consistency and
enforceability. The details of the code changes can be found in the staff report located in Exhibit
3b.
PUBLIC PROCESS:
• Early notification and online Open House notices were e-mailed out June 18, 2020:
o Notices were e-mailed to all recognized community organizations (community
councils) per City Code 2.60 with a link to the online open house webpage with the
proposed code.
o One community council (Sugar House) requested that staff attend and present the
changes to their Land Use and Zoning Committee.
o Staff attended the Sugar House meeting over video conference, reviewed the
proposal, and answered questions.
o No formal input was received from any community councils.
o No public comments were received.
• The Planning Commission held a public hearing on the proposal on October 14, 2020:
o A public hearing notice was published in the newspaper, posted on City and State
websites, and sent out on the Planning Division notification listserv on September 30,
2020.
o No members of the public spoke at the public hearing.
o Planning Commission members asked the City Attorney’s Office staff technical
questions about the ordinance.
o The Planning Commission passed a unanimous recommendation that the City Council
approve the ordinance.
EXHIBITS:
1) Chronology
2) Notice of City Council Hearing
3) Planning Commission
a) Newspaper Notice
b) Staff Report
c) Agenda and Minutes
d) Presentation Slides
4) Original Petition
SALT LAKE CITY ORDINANCE
No. _____ of 2020
(An ordinance amending Chapter 21A.16 of the Salt Lake City Code
pertaining to Appeals of Administrative Decisions)
An ordinance amending Chapter 21A.16 of the Salt Lake City Code pertaining to Appeals of
Administrative Decisions, pursuant to petition number PLNPCM2020-00352
WHEREAS, the Salt Lake City Planning Commission held a public hearing on October 14, 2020 to
consider a request made by the Salt Lake City Council (Petition No. PLNPCM2020-00352) to amend
Chapter 21A.16 of the Salt Lake City Code; and
WHEREAS, at its October 14, 2020 hearing, the planning commission voted in favor of forwarding a
positive recommendation to the Salt Lake City Council; and
WHEREAS, after a public hearing on this matter, the city council has determined that adopting this
ordinance is in the city’s best interests,
WHEREAS, Utah Code § 10-9a-701 requires a municipality that adopts a land use ordinance
to establish an appeal authority to hear and decide requests for variances from the terms of the land
use ordinances and appeals from decisions applying the land use ordinances;
WHEREAS, Salt Lake City has adopted a land use ordinance and established such an
appeal authority;
WHEREAS, Utah Code § 10-9a-701 also provides that a municipality may provide that
specified types of land use decisions may be appealed directly to the district court;
WHEREAS, the Salt Lake City Council finds it necessary to clarify, as provided for in
Utah Code § 10 -9a-701, the authority of that appeal authority and to specify the types of land use
decisions that may be appealed directly to district court;
WHEREAS, the Salt Lake City Council finds it is also necessary to clarify the process for
filing appeals with the appeal authority;
WHEREAS, the Salt Lake City Council finds, after holding a public hearing on this matter,
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 Salt Lake City Code Section 21A.16. That chapter
21A.16 Appeals of Administrative Decisions of the Salt Lake City Code shall be and hereby is
amended to read as follows:
Chapter 21A.16
APPEALS OF ADMINISTRATIVE DECISIONS
21A.16.010: Authority
21A.16.020: Parties Entitled to Appeal
21A.16.030: Procedure
21A.16.040: Appeal of Decision
21A.16.050: Stay of Decision
21A.16.010: AUTHORITY:
A. Title 21A Appeals, Applications and Determinations: As described in section 21A.06.040 of
this title, the appeals hearing officer shall hear and decide or make determinations regarding:
1. Appeals alleging an error in any administrative decision made by the zoning
administrator, the planning commission or the historic landmark commission involving
the application, administration, enforcement or compliance with Title 21A of this code;
2. Appeals from decisions made by the planning commission concerning subdivisions or
subdivision amendments pursuant to the procedures and standards set forth in Title 20 of
this code;
3. Applications for variances as per chapter 21A.18 of this title;
4. The existence, expansion or modification of nonconforming uses and noncomplying
structures pursuant to the procedures and standards set forth in chapter 21A.38,
“Nonconforming Uses and Noncomplying Structures”, of this title; and
5. Any other matter involving application, administration or enforcement of this code where
specifically authorized by a provision of this code.
B. State and Federal Law: The appeals hearing officer shall not hear and decide or make
determinations regarding any of the following:
1. Appeals alleging an error in the application, administration, enforcement or compliance
with a provision of state or federal law, including but not limited to provisions of state
and federal statutes, state and federal constitutions and state and federal common law;
2. Appeals alleging a violation of state law or federal law, including but not limited to
provisions of state and federal statutes, state and federal constitutions and state and
federal common law;
3. Appeals requesting legal or equitable remedies available under state or federal law.
An appeal seeking the determinations identified in this subsection must be made directly to
the district court, as provided for in Utah code section 10-9a-701(4)(e) or its successor.
C. Requirement to Disclose: An appeal that alleges one or more claims that the hearing officer
has authority to hear and decide must include every theory of relief that can be presented in
district court, including theories the hearing officer does not have authority to hear and
decide.
D. Mixed Appeals: When an appeal alleges one or more claims that the hearing officer has
authority to hear and decide and one or more claims that the hearing officer does not have
authority to hear and decide, the appeals hearing officer shall hear and decide only the claims
the hearing officer has the authority to hear and decide. The claims the hearing officer does
not have authority to hear and decide may be brought in district court on conclusion and
exhaustion of all remedies available for the claims the hearing officer has authority to hear
and decide.
21A.16.020: PARTIES ENTITLED TO APPEAL:
An applicant, a board or officer of the municipality, or an adversely affected party, as that term is
defined by Utah code section 10-9a-103 or its successor, may appeal to the appeals hearing
officer.
21A.16.030: PROCEDURE:
Appeals of administrative decisions by the zoning administrator, historic landmark commission
or planning commission shall be taken in accordance with the following procedures:
A. Form: The appeal shall be filed using an application form provided by the zoning
administrator. To be considered complete, the application must include all information
required on the application, including but not limited to identification of the decision
appealed, the alleged error made in connection with the decision being appealed, and the
reasons the appellant claims the decision to be in error. Incomplete applications will not be
accepted.
B. Filing: The application must be submitted as indicated on the form by the applicable
deadline, together with all applicable fees.
C. Time for Filing an Appeal: The deadlines for filing a complete application for appeal are:
1. Administrative decisions made by the zoning administrator: ten (10) days;
2. Planning commission decisions: ten (10) days;
3. Historic landmark commission: thirty (30) days for appeals filed by the applicant, ten
(10) days for appeals filed by any other party entitled to appeal.
D. Fees: The application shall be accompanied by the following fees:
1. The applicable fees shown on the Salt Lake City consolidated fee schedule; and
2. The fees established for providing the public notice required by chapter 21A.10 of this
title.
All fees are due at the time of filing the appeal. An appeal will not be considered complete
until all applicable fees are paid.
E. No Automatic Stay: Filing an appeal with a hearing officer does not stay the decision
appealed, unless a provision of this code specifically states otherwise.
F. Requesting a Stay: The hearing officer may grant a request filed by the Appellant,
Respondent, or any other party to the appeal, to stay a decision of the zoning administrator,
planning commission or historic landmark commission for a specified period of time or until
the appeals hearing officer issues a decision, if the requesting party can show a stay is
necessary to prevent substantial harm to the requesting party. No request is required, if a
provision of this code imposes an automatic stay on the filing of an appeal with a hearing
officer.
G. Notice Required:
1. Public Hearing: Upon receipt of an appeal of an administrative decision by the zoning
administrator, the appeals hearing officer shall schedule and hold a public hearing in
accordance with the standards and procedures for conduct of the public hearing set forth
in chapter 21A.10 of this title.
2. Public Meeting: Appeals from a decision of the historic landmark commission or
planning commission 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 of a decision by the historic landmark commission or
planning commission, the appeals hearing officer shall schedule a public meeting to
hear arguments by the appellant and respondent. 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 give e-mail notification, or other form of notification chosen by the
appeals hearing officer a minimum of twelve (12) calendar days in advance of the
hearing to any organization entitled to receive notice pursuant to Title 2, chapter 2.60
of this code.
H. Time Limitation: All appeals shall be heard within one hundred eighty (180) days of the
filing of the appeal. Appeals not heard within this time frame will be considered void and
withdrawn by the appellant.
I. Standard of Review:
1. The standard of review for an appeal, other than as provided in subsection I2 of this
section, 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.
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.
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.
J. Burden of Proof: The appellant has the burden of proving the decision appealed is incorrect.
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, or may
modify the administrative decision. A decision shall become effective on the date the
decision is rendered.
L. Notification of Decision: Notification of the decision of the appeals hearing officer shall be
sent to all parties to the appeal within ten (10) days of the decision.
M. Record of Proceedings: The proceedings of each appeal hearing shall be recorded.
Recordings shall be retained by the planning division for a period that is consistent with city
retention policies and any applicable retention requirement set forth in state law.
N. Policies and Procedures: The planning director shall adopt policies and procedures,
consistent with the provisions of this section, for processing appeals, the conduct of an appeal
hearing, and for any other purpose considered necessary to properly consider an appeal.
O. Matters Delayed: For all matters delayed by the appeals hearing officer, any subsequent
written materials shall be submitted a minimum of fourteen (14) days prior to the rescheduled
meeting date.
21A.16.040: APPEAL OF DECISION:
Any person adversely affected by a final decision made by the appeals hearing officer may file a
petition for review of the decision with the district court within thirty (30) days after the decision
is rendered.
21A.16.050: STAY OF DECISION:
The filing of a petition in district court does not stay the final decision of the appeals hearing
officer. A final decision of an appeals hearing officer may be stayed as provided for under Utah
code section 10-9a-801(9)(b) or its successor.
SECTION 2. Amending the Text of Salt Lake City Code Section 21A.18.120. That section
21A.18.120 Stay of Decision of the Salt Lake City Code shall be and hereby is amended to read as
follows:
21A.18.120: STAY OF DECISION:
A final decision of an appeals hearing officer may be stayed as provided for in section 21A.16.050
or its successor.
SECTION 3. Amending the Text of Salt Lake City Code Section 21A.34.020L.3(e). That
section 21A.34.020L.3(e) Appeal of Decision, of the Salt Lake City Code shall be and hereby is
amended to read as follows:
21A.34.020L.3(e)
Appeal: Any owner adversely affected by a final decision of the Historic Landmark Commission
may appeal the decision in accordance with the provisions of chapter 21A.16 of this title.
SECTION 4. Amending the Text of Salt Lake City Code Section 21A.52.120 Appeal of
Decision. That section 21A.52.120 Appeal of Decision, of the Salt Lake City Code shall be and
hereby is amended to read as follows:
21A.52.120: APPEAL OF DECISION:
A. Any party aggrieved by a decision of the planning director may appeal the decision to the
planning commission pursuant to the provisions in chapter 21A.16 of this title.
B. Any party aggrieved by a decision of the planning commission on an application for a
special exception may file an appeal to the appeals hearing officer within ten (10) days of the
date of the decision. The filing of the appeal shall not stay the decision of the planning
commission pending the outcome of the appeal, except as provided for under section
21A.160.30F.
SECTION 5. Amending the Text of Salt Lake City Code Section 21A.54.160 Appeal of
Planning Commission Decision. That section 21A.54.160 Appeal of Planning Commission
Decision, of the Salt Lake City Code shall be and hereby is amended to read as follows:
21A.54.160: APPEAL OF PLANNING COMMISSION DECISION:
Any person adversely affected by a final decision of the planning commission on an application for a
conditional use may appeal to the appeals hearing officer in accordance with the provisions of chapter
21A.16 of this title. The filing of the appeal shall not stay the decision of the planning commission
pending the outcome of the appeal, except as provided for under section 21A16.030F of this title.
SECTION 6. Amending the Text of Salt Lake City Code Section 21A.55.070 Appeal of
the Planning Commission Decision. That section 21A.55.070 Appeal of the Planning Commission
Decision, of the Salt Lake City Code shall be and hereby is amended to read as follows:
21A.55.070: APPEAL OF THE PLANNING COMMISSION DECISION:
Any person adversely affected by a final decision of the Planning Commission on an application
for a planned development may appeal to the Appeals Hearing Officer in accordance with the
provisions of chapter 21A.16 of this title. The filing of the appeal shall not stay the decision of
the Planning Commission pending the outcome of the appeal, except as provided for under
section 21A.16.030F of this title.
SECTION 7. Effective Date. This ordinance shall become effective on the date of its
passage.
Passed by the City Council of Salt Lake City, Utah, this ____ day of _________, 2020.
______________________________
CHAIRPERSON
ATTEST AND COUNTERSIGN:
______________________________
CITY RECORDER
Transmitted to Mayor on _______________________.
Mayor’s Action: _______Approved. _______Vetoed.
______________________________
MAYOR
______________________________
CITY RECORDER
(SEAL)
Bill No. ________ of 2020.
Published: ______________.
Approved As To Form
Salt Lake City Attorney’s Office
By: _________________________
Katherine Lewis, City Attorney
Date: ______________________ November 3, 2020
LEGISLATIVE DRAFT
SALT LAKE CITY ORDINANCE 1
No. _____ of 2020 2
(An ordinance amending Chapter 21A.16 of the Salt Lake City Code 3
pertaining to Appeals of Administrative Decisions) 4
5
An ordinance amending Chapter 21A.16 of the Salt Lake City Code pertaining to Appeals of 6
Administrative Decisions, pursuant to petition number PLNPCM2020-00352 7
WHEREAS, the Salt Lake City Planning Commission held a public hearing on October 14, 2020 to 8
consider a request made by the Salt Lake City Council (Petition No. PLNPCM2020-00352) to amend 9
Chapter 21A.16 of the Salt Lake City Code; and 10
WHEREAS, at its October 14, 2020 hearing, the planning commission voted in favor of forwarding a 11
positive recommendation to the Salt Lake City Council; and 12
WHEREAS, after a public hearing on this matter, the city council has determined that adopting this 13
ordinance is in the city’s best interests, 14
WHEREAS, Utah Code § 10-9a-701 requires a municipality that adopts a land use ordinance 15
to establish an appeal authority to hear and decide requests for variances from the terms of the land 16
use ordinances and appeals from decisions applying the land use ordinances; 17
WHEREAS, Salt Lake City has adopted a land use ordinance and established such an 18
appeal authority; 19
WHEREAS, Utah Code § 10-9a-701 also provides that a municipality may provide that 20
specified types of land use decisions may be appealed directly to the district court; 21
WHEREAS, the Salt Lake City Council finds it necessary to clarify, as provided for in 22
Utah Code § 10 -9a-701, the authority of that appeal authority and to specify the types of land use 23
decisions that may be appealed directly to district court; 24
LEGISLATIVE DRAFT
WHEREAS, the Salt Lake City Council finds it is also necessary to clarify the process for 25
filing appeals with the appeal authority; 26
WHEREAS, the Salt Lake City Council finds, after holding a public hearing on this matter, 27
that adopting this ordinance is in the City’s best interests. 28
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 29
SECTION 1. Amending the Text of Salt Lake City Code Section 21A.16. That chapter 30
21A.16 Appeals of Administrative Decisions of the Salt Lake City Code shall be and hereby is 31
amended to read as follows: 32
Chapter 21A.16 33
APPEALS OF ADMINISTRATIVE DECISIONS 34
35
21A.16.010: Authority 36
21A.16.020: Parties Entitled To to Appeal 37
21A.16.030: Procedure 38
21A.16.040: Appeal Of of Decision 39
21A.16.050: Stay Of of Decision 40
41
21A.16.010: AUTHORITY: 42
43
A. Title 21A Appeals, Applications and Determinations: As described in section 21A.06.040 of 44
this title, the Aappeals Hhearing Oofficer shall hear and decide or make determinations 45
regarding: 46
47
1. Aappeals alleging an error in any administrative decision made by the zZoning 48
aAdministrator, or the Administrative Hearing Officer in the administration or 49
enforcement of this title, as well as administrative decisions of the Pplanning 50
Ccommission or the historic landmark commission involving the application, 51
administration, enforcement or compliance with Title 21A of this code;. 52
53
2. Appeals from decisions made by the planning commission concerning subdivisions or 54
subdivision amendments pursuant to the procedures and standards set forth in Title 20 of 55
this code; 56
57
3. Applications for variances as per chapter 21A.18 of this title; 58
59
4. The existence, expansion or modification of nonconforming uses and noncomplying 60
structures pursuant to the procedures and standards set forth in chapter 21A.38, 61
“Nonconforming Uses and Noncomplying Structures”, of this title; and 62
LEGISLATIVE DRAFT
63
5. Any other matter involving application, administration or enforcement of this code where 64
specifically authorized by a provision of this code. 65
66
B. State and Federal Law: The aAppeals hHearing oOfficer may shall not hear and decide or 67
make determinations regarding any of the following: 68
69
1. Aappeals alleging an error in the application, administrative decisions made by the 70
Historic Landmark Commission pursuant to section 21A.16.020 of this chapter. 71
administration, enforcement or compliance with a provision of state or federal law, 72
including but not limited to provisions of state and federal statutes, state and federal 73
constitutions and state and federal common law; 74
75
2. Appeals alleging a violation of state law or federal law, including but not limited to 76
provisions of state and federal statutes, state and federal constitutions and state and 77
federal common law; 78
79
3. Appeals requesting legal or equitable remedies available under state or federal law. 80
81
An appeal seeking the determinations identified in this subsection must be made directly to 82
the district court, as provided for in Utah code section 10-9a-701(4)(e) or its successor. 83
84
C. Requirement to Disclose: An appeal that alleges one or more claims that the hearing officer 85
has authority to hear and decide must include every theory of relief that can be presented in 86
district court, including theories the hearing officer does not have authority to hear and 87
decide. 88
89
D. Mixed Appeals: When an appeal alleges one or more claims that the hearing officer has 90
authority to hear and decide and one or more claims that the hearing officer does not have 91
authority to hear and decide, the appeals hearing officer shall hear and decide only the claims 92
the hearing officer has the authority to hear and decide. The claims the hearing officer does 93
not have authority to hear and decide may be brought in district court on conclusion and 94
exhaustion of all remedies available for the claims the hearing officer has authority to hear 95
and decide. 96
In addition, the Appeals Hearing Officer shall hear and decide applications for variances as per 97
chapter 21A.18 of this title and shall make determinations regarding the existence, expansion or 98
modification of nonconforming uses and noncomplying structures pursuant to the procedures and 99
standards set forth in chapter 21A.38, "Nonconforming Uses And Noncomplying Structures", of 100
this title. 101
As described in section 21A.06.080 of this title, the Historic Preservation Appeal Authority may 102
hear and decide appeals alleging an error in administrative decisions of the Historic Landmark 103
Commission pursuant to section 21A.16.020 of this chapter. 104
105
21A.16.020: PARTIES ENTITLED TO APPEAL: 106
107
LEGISLATIVE DRAFT
An applicant, a board or officer of the municipality, or any other person or entityan adversely 108
affected party, as that term is defined by Utah code section 10-9a-103 or its successor, by a 109
decision administering or interpreting this title may appeal to the aAppeals hHearing oOfficer. 110
For decisions made by the Historic Landmark Commission, the applicant may appeal to either 111
the Historic Preservation Appeal Authority or the Appeals Hearing Officer. 112
113
21A.16.030: PROCEDURE: 114
115
Appeals of administrative decisions by the zZoning aAdministrator, hHistoric lLandmark 116
cCommission or pPlanning cCommission shall be taken in accordance with the following 117
procedures: 118
119
A. Form: The appeal shall be filed using an application form provided by the zoning 120
administrator. To be considered complete, the application must include all information 121
required on the application, including but not limited to identification of the decision 122
appealed, the alleged error made in connection with the decision being appealed, and the 123
reasons the appellant claims the decision to be in error. Incomplete applications will not be 124
accepted. 125
126
B. Filing: The application must be submitted as indicated on the form by the applicable 127
deadline, together with all applicable fees. 128
129
AC. Time for Filing Of an Appeal: The deadlines for filing a complete application for appeal 130
are:All appeals shall specify the decision appealed, the alleged error made in connection with 131
the decision being appealed, and the reasons the appellant claims the decision to be in error, 132
including every theory of relief that can be presented in District Court. The deadlines for 133
filing an appeal are as indicated below: 134
135
1. Administrative decisions made by the zZoning aAdministrator: tTen (10) days;. 136
137
2. Planning cCommission decisions: tTen (10) days;. 138
139
3. Historic lLandmark cCommission: tThirty (30) days for appeals filed by the applicant, 140
ten (10) days for appeals filed by any other party entitled to appeal. 141
142
BD. Fees: The application shall be accompanied by the applicable following fees: 143
144
1. The applicable fees shown on the Salt Lake City consolidated fee schedule; and 145
146
2. . The applicant shall also be responsible for payment of allThe fees established for 147
providing the public notice required by chapter chapter 21A.10 of this title. 148
149
All fees are due at the time of filing the appeal. An appeal will not be considered complete 150
until all applicable fees are paid. 151
152
LEGISLATIVE DRAFT
CE. No Automatic Stay: Filing an appeal with a hearing officer does not stay the decision 153
appealed, unless a provision of this code specifically states otherwise. Stay Of Proceedings: 154
An appeal to the Appeals Hearing Officer or Historic Preservation Appeal Authority shall 155
stay all further proceedings concerning the matter about which the appealed order, 156
requirement, decision, determination, or interpretation was made unless the Zoning 157
Administrator certifies in writing to the Appeals Hearing Officer or Historic Preservation 158
Appeal Authority, after the appeal has been filed, that a stay would, in the Zoning 159
Administrator's opinion, be against the best interest of the City. 160
161
F. Requesting a Stay: The hearing officer may grant a request filed by the Appellant, 162
Respondent, or any other party to the appeal, to stay a decision of the zoning administrator, 163
planning commission or historic landmark commission for a specified period of time or until 164
the appeals hearing officer issues a decision, if the requesting party can show a stay is 165
necessary to prevent substantial harm to the requesting party. No request is required, if a 166
provision of this code imposes an automatic stay on the filing of an appeal with a hearing 167
officer. 168
169
DG. Notice Required: 170
171
1. Public Hearing: Upon receipt of an appeal of an administrative decision by the zZoning 172
aAdministrator, the aAppeals hHearing oOfficer shall schedule and hold a public hearing 173
in accordance with the standards and procedures for conduct of the public hearing set 174
forth in chapter 21A.10 of this title. 175
176
2. Public Meeting: Appeals from a decision of the hHistoric lLandmark cCommission or 177
pPlanning cCommission are based on evidence in the record. Therefore, testimony at the 178
appeal meeting shall be limited to the appellant and the respondent. 179
180
a. Upon receipt of an appeal of a decision by the hHistoric lLandmark cCommission or 181
pPlanning cCommission, the aAppeals hHearing oOfficer or Historic Preservation 182
Appeal Authority shall schedule a public meeting to hear arguments by the appellant 183
and respondent. Notification of the date, time and place of the meeting shall be given 184
to the appellant and respondent a minimum of twelve (12) calendar days in advance 185
of the meeting. 186
187
b. The cCity shall give e-mail notification, or other form of notification chosen by the 188
aAppeals hHearing oOfficer or Historic Preservation Appeal Authority, a minimum 189
of twelve (12) calendar days in advance of the hearing to any organization entitled to 190
receive notice pursuant to title Title 2, chapter chapter 2.60 of this cCode. 191
192
3H. Time Limitation: All appeals shall be heard within one hundred eighty (180) days of the 193
filing of the appeal. Appeals not heard within this time frame will be considered void and 194
withdrawn by the appellant. 195
196
EI. Standard oOf Review: 197
198
LEGISLATIVE DRAFT
1. The standard of review for an appeal, other than as provided in subsection E2 I2 of this 199
section, shall be de novo. The aAppeals hHearing oOfficer or Historic Preservation Appeal 200
Authority shall review the matter appealed anew, based upon applicable procedures and 201
standards for approval, and shall give no deference to the decision below. 202
203
2. An appeal from a decision of the hHistoric lLandmark cCommission or pPlanning 204
cCommission shall be based on the record made below. 205
206
a. No new evidence shall be heard by the aAppeals hHearing oOfficer or Historic 207
Preservation Appeal Authority unless such evidence was improperly excluded from 208
consideration below. 209
210
b. The aAppeals hHearing oOfficer or Historic Preservation Appeal Authority shall 211
review the decision based upon applicable standards and shall determine its 212
correctness. 213
214
c. The aAppeals hHearing oOfficer or Historic Preservation Appeal Authority shall 215
uphold the decision unless it is not supported by substantial evidence in the record or 216
it violates a law, statute, or ordinance in effect when the decision was made. 217
218
FJ. Burden Oof Proof: The appellant has the burden of proving the decision appealed is 219
incorrect. 220
221
GK. Action bBy tThe Appeals Hearing Officer Or Historic Preservation Appeal Authority: 222
The aAppeals hHearing oOfficer or Historic Preservation Appeal Authority shall render a 223
written decision on the appeal. Such decision may reverse or affirm, wholly or in part, or 224
may modify the administrative decision. A decision shall become effective on the date the 225
decision is rendered. 226
227
HL. Notification oOf Decision: Notification of the decision of the aAppeals hHearing 228
oOfficer or Historic Preservation Appeal Authority shall be sent to all parties to the appeal 229
within ten (10) days of the decision. 230
231
IM. Record oOf Proceedings: The proceedings of each appeal hearing shall be recorded. on 232
audio equipment. The audio Rrecordings of each appeal hearing shall be retainedkept by the 233
planning division for a period that is consistent with city retention policies and any applicable 234
retention requirement set forth in state law. minimum of sixty (60) days. Upon the written 235
request of any interested person, such audio recording shall be kept for a reasonable period of 236
time beyond the sixty (60) day period, as determined by the Appeals Hearing Officer or 237
Historic Preservation Appeal Authority. Copies of the tapes of such hearings may be 238
provided, if requested, at the expense of the requesting party. The Appeals Hearing Officer 239
and Historic Preservation Appeal Authority may have the appeal proceedings 240
contemporaneously transcribed by a court reporter. 241
242
LEGISLATIVE DRAFT
JN. Policies aAnd Procedures: The Pplanning Ddirector shall adopt policies and procedures, 243
consistent with the provisions of this section, for processing appeals, the conduct of an appeal 244
hearing, and for any other purpose considered necessary to properly consider an appeal. 245
246
KO. Matters Delayed: For all matters delayed by the Aappeals Hhearing Oofficer and 247
Historic Preservation Appeal Authority, any subsequent written materials shall be submitted 248
a minimum of fourteen (14) days prior to the rescheduled meeting date. 249
250
21A.16.040: APPEAL OF DECISION: 251
252
Any person adversely affected by a final decision made by the Aappeals Hhearing Oofficer or 253
Historic Preservation Appeal Authority may file a petition for review of the decision with the 254
Ddistrict Ccourt within thirty (30) days after the decision is rendered. 255
256
21A.16.050: STAY OF DECISION: 257
258
The filing of a petition in district court does not stay the final decision of the appeals hearing 259
officer. A final decision of an appeals hearing officer may be stayed as provided for under Utah 260
code section 10-9a-801(9)(b) or its successor. 261
The Appeals Hearing Officer and Historic Preservation Appeal Authority may stay the issuance 262
of any permits or approvals based on its decision for thirty (30) days or until the decision of the 263
District Court in any appeal of the decision. 264
265
SECTION 2. Amending the Text of Salt Lake City Code Section 21A.18.120. That section 266
21A.18.120 Stay of Decision of the Salt Lake City Code shall be and hereby is amended to read as 267
follows: 268
21A.18.120: STAY OF DECISION: 269
270
A final decision of an appeals hearing officer may be stayed as provided for in section 21A.16.050 271
or its successor. The appeals hearing officer may stay the issuance of any permits or approval 272
based on its decision for thirty (30) days or until the decision of the district court in any appeal of 273
the decision. 274
275
276
277
SECTION 3. Amending the Text of Salt Lake City Code Section 21A.34.020L.3(e). That 278
section 21A.34.020L.3(e) Appeal of Decision, of the Salt Lake City Code shall be and hereby is 279
amended to read as follows: 280
Appeal: Any owner adversely affected by a final decision of the Historic Landmark Commission 281
may appeal the decision in accordance with the provisions of chapter 21A.16 of this title. The 282
LEGISLATIVE DRAFT
filing of an appeal shall stay the decision of the Historic Landmark Commission pending the 283
outcome of the appeal. 284
285
SECTION 4. Amending the Text of Salt Lake City Code Section 21A.52.120 Appeal of 286
Decision. That section 21A.52.120 Appeal of Decision, of the Salt Lake City Code shall be and 287
hereby is amended to read as follows: 288
21A.52.120: APPEAL OF DECISION: 289
A. Any party aggrieved by a decision of the planning director may appeal the decision to the 290
planning commission pursuant to the provisions in chapter 21A.16 of this title. 291
B. Any party aggrieved by a decision of the planning commission on an application for a 292
special exception may file an appeal to the appeals hearing officer within ten (10) days of the 293
date of the decision. The filing of the appeal shall not stay the decision of the planning 294
commission pending the outcome of the appeal, except as provided for under section 295
21A.160.30F. unless the planning commission takes specific action to stay a decision. 296
297
298
SECTION 5. Amending the Text of Salt Lake City Code Section 21A.54.160 Appeal of 299
Planning Commission Decision. That section 21A.54.160 Appeal of Planning Commission 300
Decision, of the Salt Lake City Code shall be and hereby is amended to read as follows: 301
21A.54.160: APPEAL OF PLANNING COMMISSION DECISION: 302
Any person adversely affected by a final decision of the planning commission on an application for a 303
conditional use may appeal to the appeals hearing officer in accordance with the provisions of chapter 304
21A.16 of this title. Notwithstanding section 21A.16.030 of this title, tThe filing of the appeal shall not 305
stay the decision of the planning commission pending the outcome of the appeal, except as provided for 306
under section 21A16.030F of this title. unless the planning commission takes specific action to stay a 307
decision. 308
309
SECTION 6. Amending the Text of Salt Lake City Code Section 21A.55.070 Appeal of 310
the Planning Commission Decision. That section 21A.55.070 Appeal of the Planning Commission 311
Decision, of the Salt Lake City Code shall be and hereby is amended to read as follows: 312
21A.55.070: APPEAL OF THE PLANNING COMMISSION DECISION: 313
LEGISLATIVE DRAFT
Any person adversely affected by a final decision of the Planning Commission on an application 314
for a planned development may appeal to the Appeals Hearing Officer in accordance with the 315
provisions of chapter 21A.16 of this title. Notwithstanding section 21A.16.030 of this title, tThe 316
filing of the appeal shall not stay the decision of the Planning Commission pending the outcome 317
of the appeal, except as provided for under section 21A.16.030F of this title. unless the Planning 318
Commission takes specific action to stay a decision. 319
SECTION 7. Effective Date. This ordinance shall become effective on the date of its 320
passage. 321
Passed by the City Council of Salt Lake City, Utah, this ____ day of _________, 2020. 322
323
324
______________________________ 325
CHAIRPERSON 326
327
ATTEST AND COUNTERSIGN: 328
329
330
______________________________ 331
CITY RECORDER 332
333
334
Transmitted to Mayor on _______________________. 335
Mayor’s Action: _______Approved. _______Vetoed. 336
337
______________________________ 338
MAYOR 339
340
______________________________ 341
CITY RECORDER 342
343
344
(SEAL) 345
346
347
Bill No. ________ of 2020. 348
Published: ______________. 349
350
351
Approved As To Form
Salt Lake City Attorney’s Office
By: _________________________
Katherine Lewis, City Attorney
Date: ______________________
TABLE OF CONTENTS
1. CHRONOLOGY
2. NOTICE OF CITY COUNCIL HEARING
3. PLANNING COMMISSION – Oct. 14, 2020
a. Newspaper Notice
b. Staff Report
c. Agenda/Minutes
d. Presentation Slides
4. ORIGINAL PETITION
1. CHRONOLOGY
PROJECT CHRONOLOGY
Petition: PLNPCM2020-00352 Administrative Decision Appeals Text Amendment
May 5, 2020 City Council initiates petition
May 12, 2020 Petition assigned to Daniel Echeverria, Senior Planner
June 8, 2020 Draft ordinance prepared by Attorney’s Office
June 18, 2020 Early notification notices sent to all recognized organizations and
posted on City webpage for public input
July 20, 2020 Staff attends Sugar House Community Council Land Use and
Zoning Committee meeting via web video conference to discuss
proposal
August 3, 2020 Early notification period ends
September 30, 2020 Public hearing notice for Planning Commission meeting published
in newspaper, posted on City/State notice websites, and sent out on
Planning notification listserv.
October 8, 2020 Staff report for the item is published
October 14, 2020 Planning Commission public hearing held. Planning Commission
passes unanimous motion recommending approval of the proposal
2. NOTICE OF CITY COUNCIL HEARING
SALT LAKE CITY CORPORATION SALT LAKE CITY COUNCIL NOTICE OF HEARING NOTICE IS HEREBY GIVEN THAT ON DATE and DATE at 7:00 p.m.
public hearings will be held by the Salt Lake City Council to accept
public comment and consider adopting an ordinance relating to Petition
No. PLNPCM2020-00352.
A proposed ordinance is before the Council to amend the text of Title
21A of the Salt Lake City Code pertaining to appeals of administrative
decisions. Administrative decisions are those made by the Planning
Commission, Historic Landmark Commission, or the Zoning Administrator
in the administration of the zoning ordinance. The proposed amendments
would modify City Code to align with State law, related case law, and
make other clarifications to that code section. The amendments
primarily clarify what matters can be decided by the City's Appeals
Hearing Officer, who can appeal decisions, and when an appeal can
stay a decision. The proposed amendments affect Chapter 21A.16 of the
zoning ordinance. Related provisions of Title 21A-Zoning may be
amended as part of this petition. The changes would apply Citywide.
The Council may consider adopting the ordinance on the same night of
the second public hearing. This meeting will be electronic pursuant
to the Chair’s determination that conducting the meeting at a physical
location may present a substantial risk to the health & safety (due
to the ongoing COVID-19 pandemic) of those who would otherwise be
present at an anchor location, and pursuant to SLC Emergency
Proclamation. If you are interested in participating in the Public
Hearing, please visit the website https://www.slc.gov/council/ to
learn how you can share your comments during the meeting. Comments
may also be provided by calling the 24-Hour comment line at (801)535-
7654 or sending an email to council.comments@slcgov.com. All comments
received through any source are shared with the Council and added to
the public record.
Publish:
3. PLANNING COMMISSION – Oct. 14, 2020
a. Newspaper Notice
The Salt Lake Tribune
Publication Name:
The Salt Lake Tribune
Publication URL:
Publication City and State:
Salt Lake City, UT
Publication County:
Salt Lake
Notice Popular Keyword Category:
Notice Keywords:
plnpcm2020-00352
Notice Authentication Number:
202011250158583150503
3430682078
Notice URL:
Back
Notice Publish Date:
Saturday, October 03, 2020
Notice Content
Notice of Public Hearing On Wednesday, October 14, 2020, the Salt Lake City Planning Commission will hold a public hearing to consider
making recommendations to the City Council regarding the following petitions: 1. Administrative Decision Appeals Text Amendment - The
City Council is requesting amendments to the zoning ordinance regulations regarding appeals of administrative decisions. Administrative
decisions are those made by the Planning Commission, Historic Landmark Commission, or the Zoning Administrator in the administration of
the zoning ordinance. The proposed amendments would modify City Code to align with state law, related case law, and make other
clarifications to that code section. The amendments primarily clarify what matters can be decided by the City's Appeals Hearing Officer, who
can appeal decisions, and when an appeal can stay a decision. The proposed amendments affect Chapter 21A.16 of the zoning ordinance.
Related provisions of Title 21A-Zoning may also be amended as part of this petition. The changes would apply Citywide. (Staff contact: Daniel
Echeverria at (801) 535-7165 or daniel.echeverria@slcgov.com) Case Number PLNPCM2020-00352 The public hearing will begin at 5:30 p.m.
via Webex. To participate go to: http://tiny.cc/slc-pc-10142020 This Meeting will not have an anchor location at the City and County Building.
Commission Members will connect remotely. If you are interested in watching the Planning Commission meetings, they are available on the
following platforms: YouTube: www.youtube.com/slclivemeetings SLCtv Channel 17 Live: www.slctv.com/livestream/SLC tv-Live/2 If you are
interested in participating during the Public Hearing portion of the meeting or provide general comments, email;
planning.comments@slcgov.com. 1300772 UPAXLP
Back
PLANNING COMMISSION – Oct. 14, 2020
b. Staff Report
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 406 www.slcgov.com
PO BOX 145480 SALT LAKE CITY, UT 84114-5480 TEL 801-535-7757 FAX 801-535-6174
PLANNING DIVISION
COMMUNITY & NEIGHORHOOD DEVELOPMENT
Staff Report
To: Salt Lake City Planning Commission
From: Daniel Echeverria, 801-535-7165, daniel.echeverria@slcgov.com
Date: October 8, 2020 (publication)
Re: PLNPCM2020-00352 Administrative Decision Appeals Text Amendment
Zoning Text Amendment
REQUEST:
The City Council is requesting amendments to the zoning ordinance regulations regarding
appeals of administrative decisions. Administrative decisions are those made by the Planning
Commission, Historic Landmark Commission, or the Zoning Administrator in th e
administration of the zoning ordinance. The proposed amendments would modify City Code to
align with State law, related case law, and make other clarifications to that code section. The
amendments primarily clarify what matters can be decided by the City's Appeals Hearing
Officer, who can appeal decisions, and when an appeal can stay a decision. The proposed
amendments affect Chapter 21A.16 of the zoning ordinance. Related provisions of Title 21A-
Zoning may be amended as part of this petition. The changes would apply Citywide.
RECOMMENDATION:
Based on the findings listed in the staff report, Planning Staff recommends that the Planning
Commission forward a favorable recommendation for the text amendment request to the City
Council.
ATTACHMENTS:
A.Proposed Code Text
B.Existing Code Text
C.Analysis of Standards – Zoning Text Amendment
D.Public Process and Comments
E.Department Review Comments
Petition Description
The City Council initiated a petition to amend the Appeals chapter of the zoning ordinance in
May of this year. The changes were initiated due to issues with the code being identified by the
Attorney’s Office in responding to and processing recent “Administrative Decision” appeals.
1 10/8/2020Admin. Decision Appeals Text Amendment
Administrative decisions are those made by the Planning Commission, Historic Landmark
Commission, or the Zoning Administrator in the administration of the zoning ordinance.
Administrative decisions include such items as Planned Developments, Design Review s,
Subdivisions, Special Exceptions, and Major/Minor Alterations. These include when City staff
is administering the ordinance by issuing decisions for these items directly or when the Planning
Commission or Historic Landmarks Commission are the decision makers.
The proposed amendments would modify City Code to align with State law, related case law,
and make other clarifications to that code section. The amendments primarily do the following:
•Clarify what matters can be decided by the City's Appeals Hearing Officer,
•Modify who can appeal decisions to comply with State Code, and
•Modify when an appeal can stay a decision to comply with State Code and case law.
Other minor miscellaneous clarifications are included in the code changes for consistency and
enforceability. The changes are discussed in more detail in the Key Code Changes section below.
Applicable Review Processes and Standards
Review Processes: Zoning Text Amendment
Zoning text amendments are reviewed against four considerations, pertaining to whether
proposed code is consistent with adopted City planning documents, furthers the purposes of the
zoning ordinance, are consistent with other overlay zoning codes, and the extent they
implement best professional practices. Those considerations are addressed in Attachment C.
City Code amendments are ultimately up to the discretion of the City Council and are not
controlled by any one standard.
Community Input
Notification of this proposal was sent out in June to all registered community councils to get
community input and an online open house website was posted with the proposed draft and an
overview of the proposal to get wider input. One community council (Sugar House) responded
with a request to attend their Land Use and Zoning Committee meeting to go over the changes
and staff attended that meeting. No other input has been received from community councils on
the proposal.
KEY CODE CHANGES:
The below sections go over the primary code changes proposed with this amendment.
1.Appeals Hearing Officer Authority Over City and State Code Appeals
2.State Code Updates Narrowing Appellants
3.Stays of Decisions for Appeals
4.Miscellaneous Changes
1.Appeals Hearing Officer Authority Over City and State Code Appeals
Proposed Change:
•Clarify that the City Appeals Hearing Officer can only make decisions regarding the
interpretation and application of provisions of Salt Lake City Code, not provisions
regarding the interpretation and application of provisions of the Utah State Code, the
Utah Constitution, Utah common law or federal law.
2 10/8/2020Admin. Decision Appeals Text Amendment
Utah State Code requires that a municipality that adopts a land use ordinance, shall also
establish one or more appeal authorities to hear and decide the following: (1) requests for
variances under the City’s land use ordinance; (2) appeals from decisions applying the land use
ordinance, and (3) appeals from certain fees imposed by the City, e.g. review of building plans
and hook-up fees. Utah Code § 10-9a-701(1)
Most applications the City receives, and most interpretations it must make on a day-to-day
basis, concern interpretation and application of provisions of the City’s local land use ordinance
(City Code). If an affected person disagrees with the City’s interpretation of a provision of the
City’s local land use ordinance, such as a zoning setback requirement, they can appeal it to the
City’s Appeals Hearing Officer (the local land use appeal authority.)
On occasion, the City will receive an application that requests a land use that is provided for in
Utah Code, not City ordinance. For example, Utah Code provides for relocation of billboards,
where specifically prohibited by the City’s local land use ordinance. These applications require
the City to review the application and determine if the applicant meets the requirement s of a
provision of state law, not City Code. In circumstances where the City has found the applicant
does not meet the requirements of the provision, applicants have sought to appeal these
decisions to the City’s Appeals Hearing Officer. On occasion, the City’s hearing officers, over
the objection of the City, have heard and issued decisions on these appeals.
Neither Salt Lake City Code, nor Utah State Code, permit a City Hearing Officer to make these
decisions. See Utah State Code § 10-9a-701(1) (requiring an appeal authority to hear appeals
from a city’s land use ordinance); Salt Lake City Code 21A.16.010 & 020 (stating hearing officer’s
authority is to hear appeals alleging an error in interpretation, administration or enforcement
of Title 21A of the Salt Lake City Code). These appeals should be made directly to the State’s
district courts.
Thus, to remove any confusion, the amendments to the ordinance make clear the authority of
the City’s hearing officers is limited to reviewing the City’s interpretation and application of
provisions of the Salt Lake City Code, not provisions of State or Federal law.
This clarification of the authority of the City’s Appeals Hearing Officers is specifically provided
for and permitted by the provision of State Code requiring the City to establish a land use appeal
authority. See Utah Code § 10-9a-701(4)(e) (stating a municipality may by ordinance “provide
that specified types of land use decisions may be appealed directly to the district court.)
The changes are shown starting on line 39 of the redline draft in Attachment A.
2.State Code Updates Narrowing Appellants
Proposed Change:
•Modify the list of allowed appellants to the land use applicant, City board or officer, or
“an adversely affected party” to comply with new State Code.
This year the State Legislature with House Bill 388 adopted changes to Utah State Code section
10-9a-7 “Appeal Authority and Variances.” That code section authorizes cities to establish land
use appeal processes. That code section includes provisions that also limit land use appellants
to three entities. The code changes narrowed the list of the entities that can appeal land use
decisions by making the following change to that list of possible appellants (strikethroughs show
deleted text and underlines show new text):
3 10/8/2020Admin. Decision Appeals Text Amendment
The (1) land use applicant, (2) a board or officer of the municipality, or (3) [any person
adversely affected by the land use authority's decision administering or interpreting a
land use ordinance] an adversely affected party may…
The entity defined as “any person adversely affected by the land use authority’s decision” was
revised to the term “adversely affected party.” State Code then defines that term as:
(2) "Adversely affected party" means a person other than a land use applicant who:
(a) owns real property adjoining the property that is the subject of a land use
application or land use decision; or
(b) will suffer a damage different in kind than, or an injury distinct from, that
of the general community as a result of the land use decision.
While still using the term “adversely affected” it narrowly defines it to the two specific
circumstances above in (a) and (b).
The proposed changes to the City’s appeals chapter would revise the list of allowed appellants
to comply with the current State Code allowance. The changes are shown starting on line 80 of
the redline draft in Attachment A.
3. Stays of Decisions for Appeals
Proposed Change:
•Eliminate automatic stays of decisions. An appellant would have to specifically request
and justify a stay.
Currently City Code specifies that a land use decision is automatically stayed upon submission
of an appeal. A “stay” means that the decision is put on hold and no further proceedings can
occur on the matter, pending a decision by the appeal authority on the appeal. For example, if
the Planning Commission approved a development, but it was appealed and a stay was imposed,
the developer couldn’t pull permits or start construction on their proposal. The current City
Code also provides that an automatic stay can be released if the City’s Zoning Administrator (a
member of City Planning staff) certifies in writing to the Appeals Hearing Officer that the stay
would be against the best interest of the City.
The proposal would change the code section to no longer automatically stay a decision and
instead require that an appellant formally request a stay. The appellant would also need to
justify the stay by showing how it would be necessary “to prevent substantial harm” to the
appellant. The Appeals Hearing Officer would then decide on whether to impose a stay. This
change is intended to reflect State Code (10-9a-801(3)(b)) and case law wherein the decision of
the Planning Commission or Historical Landmark Commission (“land use authority”) is to be
initially presumed to be valid by a court or appeal authority in reviewing an appeal. An
automatic stay is contrary to that presumption and so the proposal would eliminate that
automatic stay. Additionally, automatic stays incentivize appeals that have no merit and put
applicants in a difficult position whereby City approvals may be put on hold for up to six months
when there may be no justification for such a stay.
The related changes are shown starting on line 129 of the redline draft in Attachment A. Other
changes are included to other related sections of the code, such as the Planning Commission
and Historic Landmarks Commission sections, to reflect and reference that change starting on
line 231 and continuing to 292 of the redline draft in Attachment A.
4 10/8/2020Admin. Decision Appeals Text Amendment
4.Miscellaneous Changes
Proposed Changes:
•Clarifications to code references and removal of potentially conflicting language
The code includes other minor changes and clarifications to the appeals chapter. These include
removal of potentially conflicting code regarding record keeping. City record keeping
timeframes are imposed by other City Code and State law and the code change reduces the
language to simply refer to those in order to avoid conflicts. These changes begin on line 208 of
the draft code in Attachment A. They also include changes to reflect and reference the current
types of city applications and processes the Appeals Hearing Officer has authority over. Those
changes are in the Authority section, starting on line 16 in Attachment A. Changes clarifying
that there is an application and fee for appeals is included in the “Procedure” section, starting
on line 96 in Attachment A. There are also deletions of the reference to the “Historic
Preservation Appeal Authority” shown in the draft. Those are intended to reflect a recently
adopted ordinance that deleted that entity, which has just not yet been incorporated or
“codified” into the official city zoning text.
DISCUSSION:
The proposed code updates have been reviewed against the Zoning Amendment consideration
criteria in Attachment C. The proposed code changes implement best practices by ensuring the
code is up to date, does not conflict with other applicable State or City Code, and complies with
the City’s zoning purposes by ensuring that City ordinances can be legally administered and
enforced.
Due to these considerations, staff is recommending that the Commission forward a favorable
recommendation on this request to the City Council.
NEXT STEPS:
The Planning Commission can provide a positive or negative recommendation for the proposed
text amendments. The recommendation will be sent to the City Council, who will hold a briefing
and additional public hearing on the proposed text amendments amendment. The City Council
may make modifications to the proposal and approve or decline to approve the proposed zoning
text amendments.
If the text amendments are approved by the City Council, appeals would be subject to the new
City ordinance standards.
5 10/8/2020Admin. Decision Appeals Text Amendment
This attachment includes a “clean” version of the code without strikethroughs and underlines
that show deleted and new text, and a “draft” version that identifies such deletions and new
text with strikethroughs and underlines, respectively.
6 10/8/2020Admin. Decision Appeals Text Amendment
Attachment A: Appeals Chapter Proposed Text – Clean Version
SECTION 1. Amending the Text of Salt Lake City Code Section 21A.16. That chapter
21A.16 Appeals of Administrative Decisions of the Salt Lake City Code shall be and hereby is
amended to read as follows:
Chapter 21A.16
APPEALS OF ADMINISTRATIVE DECISIONS
21A.16.010: Authority
21A.16.020: Parties Entitled to Appeal
21A.16.030: Procedure
21A.16.040: Appeal of Decision
21A.16.050: Stay of Decision
21A.16.010: AUTHORITY:
A.Title 21A Appeals, Applications and Determinations: As described in section 21A.06.040 of
this title, the appeals hearing officer shall hear and decide or make determinations regarding:
1.Appeals alleging an error in any administrative decision made by the zoning
administrator, the planning commission or the historic landmark commission involving
the application, administration, enforcement or compliance with Title 21A of this code;
2.Appeals from decisions made by the planning commission concerning subdivisions or
subdivision amendments pursuant to the procedures and standards set forth in Title 20 of
this code;
3.Applications for variances as per chapter 21A.18 of this title;
4.The existence, expansion or modification of nonconforming uses and noncomplying
structures pursuant to the procedures and standards set forth in chapter 21A.38,
“Nonconforming Uses and Noncomplying Structures”, of this title; and
5.Any other matter involving application, administration or enforcement of this code where
specifically authorized by a provision of this code.
B.State and Federal Law: The appeals hearing officer shall not hear and decide or make
determinations regarding any of the following:
1.Appeals alleging an error in the application, administration, enforcement or compliance
with a provision of state or federal law, including but not limited to provisions of state
and federal statutes, state and federal constitutions and state and federal common law;
7 10/8/2020Admin. Decision Appeals Text Amendment
Attachment A: Appeals Chapter Proposed Text – Clean Version
2.Appeals alleging a violation of state law or federal law, including but not limited to
provisions of state and federal statutes, state and federal constitutions and state and
federal common law;
3.Appeals requesting legal or equitable remedies available under state or federal law.
An appeal seeking the determinations identified in this subsection must be made directly to
the district court, as provided for in Utah code section 10-9a-701(4)(e) or its successor.
C.Requirement to Disclose: An appeal that alleges one or more claims that the hearing officer
has authority to hear and decide must include every theory of relief that can be presented in
district court, including theories the hearing officer does not have authority to hear and
decide.
D.Mixed Appeals: When an appeal alleges one or more claims that the hearing officer has
authority to hear and decide and one or more claims that the hearing officer does not have
authority to hear and decide, the appeals hearing officer shall hear and decide only the claims
the hearing officer has the authority to hear and decide. The claims the hearing officer does
not have authority to hear and decide may be brought in district court on conclusion and
exhaustion of all remedies available for the claims the hearing officer has authority to hear
and decide.
21A.16.020: PARTIES ENTITLED TO APPEAL:
An applicant, a board or officer of the municipality, or an adversely affected party, as that term is
defined by Utah code section 10-9a-103 or its successor, may appeal to the appeals hearing
officer.
21A.16.030: PROCEDURE:
Appeals of administrative decisions by the zoning administrator, historic landmark commission
or planning commission shall be taken in accordance with the following procedures:
A.Form: The appeal shall be filed using an application form provided by the zoning
administrator. To be considered complete, the application must include all information
required on the application, including but not limited to identification of the decision
appealed, the alleged error made in connection with the decision being appealed, and the
reasons the appellant claims the decision to be in error. Incomplete applications will not be
accepted.
B.Filing: The application must be submitted as indicated on the form by the applicable
deadline, together with all applicable fees.
C.Time for Filing an Appeal: The deadlines for filing a complete application for appeal are:
1.Administrative decisions made by the zoning administrator: ten (10) days;
8 10/8/2020Admin. Decision Appeals Text Amendment
Attachment A: Appeals Chapter Proposed Text – Clean Version
2.Planning commission decisions: ten (10) days;
3.Historic landmark commission: thirty (30) days for appeals filed by the applicant, ten
(10) days for appeals filed by any other party entitled to appeal.
D.Fees: The application shall be accompanied by the following fees:
1.The applicable fees shown on the Salt Lake City consolidated fee schedule; and
2.The fees established for providing the public notice required by chapter 21A.10 of this
title.
All fees are due at the time of filing the appeal. An appeal will not be considered complete
until all applicable fees are paid.
E.No Automatic Stay: Filing an appeal with a hearing officer does not stay the decision
appealed, unless a provision of this code specifically states otherwise.
F.Requesting a Stay: The hearing officer may grant a request filed by the Appellant,
Respondent, or any other party to the appeal, to stay a decision of the zoning administrator,
planning commission or historic landmark commission for a specified period of time or until
the appeals hearing officer issues a decision, if the requesting party can show a stay is
necessary to prevent substantial harm to the requesting party. No request is required, if a
provision of this code imposes an automatic stay on the filing of an appeal with a hearing
officer.
G.Notice Required:
1.Public Hearing: Upon receipt of an appeal of an administrative decision by the zoning
administrator, the appeals hearing officer shall schedule and hold a public hearing in
accordance with the standards and procedures for conduct of the public hearing set forth
in chapter 21A.10 of this title.
2.Public Meeting: Appeals from a decision of the historic landmark commission or
planning commission 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 of a decision by the historic landmark commission or
planning commission, the appeals hearing officer shall schedule a public meeting to
hear arguments by the appellant and respondent. 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 give e-mail notification, or other form of notification chosen by the
appeals hearing officer a minimum of twelve (12) calendar days in advance of the
9 10/8/2020Admin. Decision Appeals Text Amendment
Attachment A: Appeals Chapter Proposed Text – Clean Version
hearing to any organization entitled to receive notice pursuant to Title 2, chapter 2.60
of this code.
H.Time Limitation: All appeals shall be heard within one hundred eighty (180) days of the
filing of the appeal. Appeals not heard within this time frame will be considered void and
withdrawn by the appellant.
I.Standard of Review:
1.The standard of review for an appeal, other than as provided in subsection I2 of this
section, 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.
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.
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.
J.Burden of Proof: The appellant has the burden of proving the decision appealed is incorrect.
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, or may
modify the administrative decision. A decision shall become effective on the date the
decision is rendered.
L.Notification of Decision: Notification of the decision of the appeals hearing officer shall be
sent to all parties to the appeal within ten (10) days of the decision.
M.Record of Proceedings: The proceedings of each appeal hearing shall be recorded.
Recordings shall be retained by the planning division for a period that is consistent with city
retention policies and any applicable retention requirement set forth in state law.
N.Policies and Procedures: The planning director shall adopt policies and procedures,
consistent with the provisions of this section, for processing appeals, the conduct of an appeal
hearing, and for any other purpose considered necessary to properly consider an appeal.
10 10/8/2020Admin. Decision Appeals Text Amendment
Attachment A: Appeals Chapter Proposed Text – Clean Version
O.Matters Delayed: For all matters delayed by the appeals hearing officer, any subsequent
written materials shall be submitted a minimum of fourteen (14) days prior to the rescheduled
meeting date.
21A.16.040: APPEAL OF DECISION:
Any person adversely affected by a final decision made by the appeals hearing officer may file a
petition for review of the decision with the district court within thirty (30) days after the decision
is rendered.
21A.16.050: STAY OF DECISION:
The filing of a petition in district court does not stay the final decision of the appeals hearing
officer. A final decision of an appeals hearing officer may be stayed as provided for under Utah
code section 10-9a-801(9)(b) or its successor.
SECTION 2. Amending the Text of Salt Lake City Code Section 21A.18.120. That section
21A.18.120 Stay of Decision of the Salt Lake City Code shall be and hereby is amended to read as
follows:
21A.18.120: STAY OF DECISION:
A final decision of an appeals hearing officer may be stayed as provided for in section 21A.16.050
or its successor.
SECTION 3. Amending the Text of Salt Lake City Code Section 21A.34.020L.3(e). That
section 21A.34.020L.3(e) Appeal of Decision, of the Salt Lake City Code shall be and hereby is
amended to read as follows:
Appeal: Any owner adversely affected by a final decision of the Historic Landmark Commission
may appeal the decision in accordance with the provisions of chapter 21A.16 of this title.
SECTION 4. Amending the Text of Salt Lake City Code Section 21A.52.120 Appeal of
Decision. That section 21A.52.120 Appeal of Decision, of the Salt Lake City Code shall be and
hereby is amended to read as follows:
21A.52.120: APPEAL OF DECISION:
A. Any party aggrieved by a decision of the planning director may appeal the decision to the
planning commission pursuant to the provisions in chapter 21A.16 of this title.
11 10/8/2020Admin. Decision Appeals Text Amendment
Attachment A: Appeals Chapter Proposed Text – Clean Version
B.Any party aggrieved by a decision of the planning commission on an application for a
special exception may file an appeal to the appeals hearing officer within ten (10) days of the
date of the decision. The filing of the appeal shall not stay the decision of the planning
commission pending the outcome of the appeal, except as provided for under section
21A.160.30F.
SECTION 5. Amending the Text of Salt Lake City Code Section 21A.54.160 Appeal of
Planning Commission Decision. That section 21A.54.160 Appeal of Planning Commission
Decision, of the Salt Lake City Code shall be and hereby is amended to read as follows:
21A.54.160: APPEAL OF PLANNING COMMISSION DECISION:
Any person adversely affected by a final decision of the planning commission on an application for a
conditional use may appeal to the appeals hearing officer in accordance with the provisions of chapter
21A.16 of this title. The filing of the appeal shall not stay the decision of the planning commission
pending the outcome of the appeal, except as provided for under section 21A16.030F of this title.
SECTION 6. Amending the Text of Salt Lake City Code Section 21A.55.070 Appeal of
the Planning Commission Decision. That section 21A.55.070 Appeal of the Planning Commission
Decision, of the Salt Lake City Code shall be and hereby is amended to read as follows:
21A.55.070: APPEAL OF THE PLANNING COMMISSION DECISION:
Any person adversely affected by a final decision of the Planning Commission on an application
for a planned development may appeal to the Appeals Hearing Officer in accordance with the
provisions of chapter 21A.16 of this title. The filing of the appeal shall not stay the decision of
the Planning Commission pending the outcome of the appeal, except as provided for under
section 21A.16.030F of this title.
12 10/8/2020Admin. Decision Appeals Text Amendment
Attachment A: Appeals Chapter Proposed Text - Redlined Version
SECTION 1. Amending the Text of Salt Lake City Code Section 21A.16. That chapter 1
21A.16 Appeals of Administrative Decisions of the Salt Lake City Code shall be and hereby is 2
amended to read as follows: 3
Chapter 21A.16 4
APPEALS OF ADMINISTRATIVE DECISIONS 5
6
21A.16.010: Authority 7
21A.16.020: Parties Entitled To to Appeal 8
21A.16.030: Procedure 9
21A.16.040: Appeal Of of Decision 10
21A.16.050: Stay Of of Decision 11
12
13
21A.16.010: AUTHORITY: 14
15
A.Title 21A Appeals, Applications and Determinations: As described in section 21A.06.040 of16
this title, the Aappeals Hhearing Oofficer shall hear and decide or make determinations17
regarding:18
19
1.Aappeals alleging an error in any administrative decision made by the zZoning20
aAdministrator , or the Administrative Hearing Officer in the administration or21
enforcement of this title, as well as administrative decisions of the Pplanning22
Ccommission or the historic landmark commission involving the application,23
administration, enforcement or compliance with Title 21A of this code;.24
25
2.Appeals from decisions made by the planning commission concerning subdivisions or26
subdivision amendments pursuant to the procedures and standards set forth in Title 20 of 27
this code; 28
29
3.Applications for variances as per chapter 21A.18 of this title;30
31
4.The existence, expansion or modification of nonconforming uses and noncomplying32
structures pursuant to the procedures and standards set forth in chapter 21A.38, 33
“Nonconforming Uses and Noncomplying Structures”, of this title; and 34
35
5.Any other matter involving application, administration or enforcement of this code where36
specifically authorized by a provision of this code. 37
38
B.State and Federal Law: The aAppeals hHearing oOfficer may shall not hear and decide or39
make determinations regarding any of the following:40
41
1.Aappeals alleging an error in the application, administrative decisions made by the42
Historic Landmark Commission pursuant to section 21A.16.020 of this chapter.43
13 10/8/2020Admin. Decision Appeals Text Amendment
Attachment A: Appeals Chapter Proposed Text - Redlined Version
administration, enforcement or compliance with a provision of state or federal law, 44
including but not limited to provisions of state and federal statutes, state and federal 45
constitutions and state and federal common law; 46
47
2.Appeals alleging a violation of state law or federal law, including but not limited to48
provisions of state and federal statutes, state and federal constitutions and state and 49
federal common law; 50
51
3.Appeals requesting legal or equitable remedies available under state or federal law.52
53
An appeal seeking the determinations identified in this subsection must be made directly to 54
the district court, as provided for in Utah code section 10-9a-701(4)(e) or its successor. 55
56
C.Requirement to Disclose: An appeal that alleges one or more claims that the hearing officer57
has authority to hear and decide must include every theory of relief that can be presented in 58
district court, including theories the hearing officer does not have authority to hear and 59
decide. 60
61
D.Mixed Appeals: When an appeal alleges one or more claims that the hearing officer has62
authority to hear and decide and one or more claims that the hearing officer does not have 63
authority to hear and decide, the appeals hearing officer shall hear and decide only the claims 64
the hearing officer has the authority to hear and decide. The claims the hearing officer does 65
not have authority to hear and decide may be brought in district court on conclusion and 66
exhaustion of all remedies available for the claims the hearing officer has authority to hear 67
and decide. 68
In addition, the Appeals Hearing Officer shall hear and decide applications for variances as per 69
chapter 21A.18 of this title and shall make determinations regarding the existence, expansion or 70
modification of nonconforming uses and noncomplying structures pursuant to the procedures and 71
standards set forth in chapter 21A.38, "Nonconforming Uses And Noncomplying Structures", of 72
this title. 73
As described in section 21A.06.080 of this title, the Historic Preservation Appeal Authority may 74
hear and decide appeals alleging an error in administrative decisions of the Historic Landmark 75
Commission pursuant to section 21A.16.020 of this chapter. 76
77
21A.16.020: PARTIES ENTITLED TO APPEAL: 78
79
An applicant, a board or officer of the municipality, or any other person or entityan adversely 80
affected party, as that term is defined by Utah code section 10-9a-103 or its successor, by a 81
decision administering or interpreting this title may appeal to the aAppeals hHearing oOfficer. 82
For decisions made by the Historic Landmark Commission, the applicant may appeal to either 83
the Historic Preservation Appeal Authority or the Appeals Hearing Officer. 84
85
86
87
88
89
14 10/8/2020Admin. Decision Appeals Text Amendment
Attachment A: Appeals Chapter Proposed Text - Redlined Version
21A.16.030: PROCEDURE: 90
91
Appeals of administrative decisions by the zZoning aAdministrator, hHistoric lLandmark 92
cCommission or pPlanning cCommission shall be taken in accordance with the following 93
procedures: 94
95
A.Form: The appeal shall be filed using an application form provided by the zoning96
administrator. To be considered complete, the application must include all information 97
required on the application, including but not limited to identification of the decision 98
appealed, the alleged error made in connection with the decision being appealed, and the 99
reasons the appellant claims the decision to be in error. Incomplete applications will not be 100
accepted. 101
102
B.Filing: The application must be submitted as indicated on the form by the applicable103
deadline, together with all applicable fees. 104
105
AC. Time for Filing Of an Appeal: The deadlines for filing a complete application for appeal 106
are:All appeals shall specify the decision appealed, the alleged error made in connection with 107
the decision being appealed, and the reasons the appellant claims the decision to be in error, 108
including every theory of relief that can be presented in District Court. The deadlines for 109
filing an appeal are as indicated below: 110
111
1.Administrative decisions made by the zZoning aAdministrator: tTen (10) days;.112
113
2.Planning cCommission decisions: tTen (10) days;.114
115
3.Historic lLandmark cCommission: tThirty (30) days for appeals filed by the applicant,116
ten (10) days for appeals filed by any other party entitled to appeal.117
118
BD. Fees: The application shall be accompanied by the applicable following fees: 119
120
1.The applicable fees shown on the Salt Lake City consolidated fee schedule; and121
122
2.. The applicant shall also be responsible for payment of allThe fees established for123
providing the public notice required by chapter chapter 21A.10 of this title.124
125
All fees are due at the time of filing the appeal. An appeal will not be considered complete 126
until all applicable fees are paid. 127
128
CE. No Automatic Stay: Filing an appeal with a hearing officer does not stay the decision 129
appealed, unless a provision of this code specifically states otherwise. Stay Of Proceedings: 130
An appeal to the Appeals Hearing Officer or Historic Preservation Appeal Authority shall 131
stay all further proceedings concerning the matter about which the appealed order, 132
requirement, decision, determination, or interpretation was made unless the Zoning 133
Administrator certifies in writing to the Appeals Hearing Officer or Historic Preservation 134
15 10/8/2020Admin. Decision Appeals Text Amendment
Attachment A: Appeals Chapter Proposed Text - Redlined Version
Appeal Authority, after the appeal has been filed, that a stay would, in the Zoning 135
Administrator's opinion, be against the best interest of the City. 136
137
F.Requesting a Stay: The hearing officer may grant a request filed by the Appellant,138
Respondent, or any other party to the appeal, to stay a decision of the zoning administrator,139
planning commission or historic landmark commission for a specified period of time or until140
the appeals hearing officer issues a decision, if the requesting party can show a stay is141
necessary to prevent substantial harm to the requesting party. No request is required, if a142
provision of this code imposes an automatic stay on the filing of an appeal with a hearing143
officer.144
145
DG. Notice Required: 146
147
1.Public Hearing: Upon receipt of an appeal of an administrative decision by the zZoning148
aAdministrator, the aAppeals hHearing oOfficer shall schedule and hold a public hearing149
in accordance with the standards and procedures for conduct of the public hearing set150
forth in chapter 21A.10 of this title.151
152
2.Public Meeting: Appeals from a decision of the hHistoric lLandmark cCommission or153
pPlanning cCommission are based on evidence in the record. Therefore, testimony at the154
appeal meeting shall be limited to the appellant and the respondent.155
156
a.Upon receipt of an appeal of a decision by the hHistoric lLandmark cCommission or157
pPlanning cCommission, the aAppeals hHearing oOfficer or Historic Preservation158
Appeal Authority shall schedule a public meeting to hear arguments by the appellant159
and respondent. Notification of the date, time and place of the meeting shall be given160
to the appellant and respondent a minimum of twelve (12) calendar days in advance161
of the meeting.162
163
b.The cCity shall give e-mail notification, or other form of notification chosen by the164
aAppeals hHearing oOfficer or Historic Preservation Appeal Authority, a minimum165
of twelve (12) calendar days in advance of the hearing to any organization entitled to166
receive notice pursuant to title Title 2, chapter chapter 2.60 of this cCode.167
168
3H. Time Limitation: All appeals shall be heard within one hundred eighty (180) days of the 169
filing of the appeal. Appeals not heard within this time frame will be considered void and 170
withdrawn by the appellant. 171
172
EI. Standard oOf Review: 173
174
1.The standard of review for an appeal, other than as provided in subsection E2 I2 of this175
section, shall be de novo. The aAppeals hHearing oOfficer or Historic Preservation Appeal176
Authority shall review the matter appealed anew, based upon applicable procedures and177
standards for approval, and shall give no deference to the decision below.178
179
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Attachment A: Appeals Chapter Proposed Text - Redlined Version
2.An appeal from a decision of the hHistoric lLandmark cCommission or pPlanning 180
cCommission shall be based on the record made below. 181
182
a.No new evidence shall be heard by the aAppeals hHearing oOfficer or Historic183
Preservation Appeal Authority unless such evidence was improperly excluded from184
consideration below.185
186
b.The aAppeals hHearing oOfficer or Historic Preservation Appeal Authority shall187
review the decision based upon applicable standards and shall determine its188
correctness.189
190
c.The aAppeals hHearing oOfficer or Historic Preservation Appeal Authority shall191
uphold the decision unless it is not supported by substantial evidence in the record or192
it violates a law, statute, or ordinance in effect when the decision was made.193
194
FJ. Burden Oof Proof: The appellant has the burden of proving the decision appealed is 195
incorrect. 196
197
GK. Action bBy tThe Appeals Hearing Officer Or Historic Preservation Appeal Authority: 198
The aAppeals hHearing oOfficer or Historic Preservation Appeal Authority shall render a 199
written decision on the appeal. Such decision may reverse or affirm, wholly or in part, or 200
may modify the administrative decision. A decision shall become effective on the date the 201
decision is rendered. 202
203
HL. Notification oOf Decision: Notification of the decision of the aAppeals hHearing 204
oOfficer or Historic Preservation Appeal Authority shall be sent to all parties to the appeal 205
within ten (10) days of the decision. 206
207
IM. Record oOf Proceedings: The proceedings of each appeal hearing shall be recorded. on 208
audio equipment. The audio Rrecordings of each appeal hearing shall be retainedkept by the 209
planning division for a period that is consistent with city retention policies and any applicable 210
retention requirement set forth in state law. minimum of sixty (60) days. Upon the written 211
request of any interested person, such audio recording shall be kept for a reasonable period of 212
time beyond the sixty (60) day period, as determined by the Appeals Hearing Officer or 213
Historic Preservation Appeal Authority. Copies of the tapes of such hearings may be 214
provided, if requested, at the expense of the requesting party. The Appeals Hearing Officer 215
and Historic Preservation Appeal Authority may have the appeal proceedings 216
contemporaneously transcribed by a court reporter. 217
218
JN. Policies aAnd Procedures: The Pplanning Ddirector shall adopt policies and procedures, 219
consistent with the provisions of this section, for processing appeals, the conduct of an appeal 220
hearing, and for any other purpose considered necessary to properly consider an appeal. 221
222
KO. Matters Delayed: For all matters delayed by the Aappeals Hhearing Oofficer and 223
Historic Preservation Appeal Authority, any subsequent written materials shall be submitted 224
a minimum of fourteen (14) days prior to the rescheduled meeting date. 225
17 10/8/2020Admin. Decision Appeals Text Amendment
Attachment A: Appeals Chapter Proposed Text - Redlined Version
226
227
228
21A.16.040: APPEAL OF DECISION: 229
230
Any person adversely affected by a final decision made by the Aappeals Hhearing Oofficer or 231
Historic Preservation Appeal Authority may file a petition for review of the decision with the 232
Ddistrict Ccourt within thirty (30) days after the decision is rendered. 233
234
21A.16.050: STAY OF DECISION: 235
236
The filing of a petition in district court does not stay the final decision of the appeals hearing 237
officer. A final decision of an appeals hearing officer may be stayed as provided for under Utah 238
code section 10-9a-801(9)(b) or its successor. 239
The Appeals Hearing Officer and Historic Preservation Appeal Authority may stay the issuance 240
of any permits or approvals based on its decision for thirty (30) days or until the decision of the 241
District Court in any appeal of the decision. 242
243
SECTION 2. Amending the Text of Salt Lake City Code Section 21A.18.120. That section 244
21A.18.120 Stay of Decision of the Salt Lake City Code shall be and hereby is amended to read as 245
follows: 246
21A.18.120: STAY OF DECISION: 247
248
A final decision of an appeals hearing officer may be stayed as provided for in section 21A.16.050 249
or its successor. The appeals hearing officer may stay the issuance of any permits or approval 250
based on its decision for thirty (30) days or until the decision of the district court in any appeal of 251
the decision. 252
253
SECTION 3. Amending the Text of Salt Lake City Code Section 21A.34.020L.3(e). That 254
section 21A.34.020L.3(e) Appeal of Decision, of the Salt Lake City Code shall be and hereby is 255
amended to read as follows: 256
Appeal: Any owner adversely affected by a final decision of the Historic Landmark Commission 257
may appeal the decision in accordance with the provisions of chapter 21A.16 of this title. The 258
filing of an appeal shall stay the decision of the Historic Landmark Commission pending the 259
outcome of the appeal. 260
261
18 10/8/2020Admin. Decision Appeals Text Amendment
262
263
264
Attachment A: Appeals Chapter Proposed Text - Redlined Version
SECTION 4. Amending the Text of Salt Lake City Code Section 21A.52.120 Appeal of
Decision. That section 21A.52.120 Appeal of Decision, of the Salt Lake City Code shall be and
hereby is amended to read as follows:
21A.52.120: APPEAL OF DECISION: 265
A. Any party aggrieved by a decision of the planning director may appeal the decision to the266
planning commission pursuant to the provisions in chapter 21A.16 of this title.267
B. Any party aggrieved by a decision of the planning commission on an application for a268
special exception may file an appeal to the appeals hearing officer within ten (10) days of the269
date of the decision. The filing of the appeal shall not stay the decision of the planning270
commission pending the outcome of the appeal, except as provided for under section271
21A.16.030F. unless the planning commission takes specific action to stay a decision.272
273
SECTION 5. Amending the Text of Salt Lake City Code Section 21A.54.160 Appeal of 274
Planning Commission Decision. That section 21A.54.160 Appeal of Planning Commission 275
Decision, of the Salt Lake City Code shall be and hereby is amended to read as follows: 276
21A.54.160: APPEAL OF PLANNING COMMISSION DECISION: 277
Any person adversely affected by a final decision of the planning commission on an application for a 278
conditional use may appeal to the appeals hearing officer in accordance with the provisions of chapter 279
21A.16 of this title. Notwithstanding section 21A.16.030 of this title, tThe filing of the appeal shall not 280
stay the decision of the planning commission pending the outcome of the appeal, except as provided for 281
under section 21A.16.030F of this title. unless the planning commission takes specific action to stay a 282
decision. 283
SECTION 6. Amending the Text of Salt Lake City Code Section 21A.55.070 Appeal of 284
the Planning Commission Decision. That section 21A.55.070 Appeal of the Planning Commission 285
Decision, of the Salt Lake City Code shall be and hereby is amended to read as follows: 286
21A.55.070: APPEAL OF THE PLANNING COMMISSION DECISION: 287
Any person adversely affected by a final decision of the Planning Commission on an application 288
for a planned development may appeal to the Appeals Hearing Officer in accordance with the 289
provisions of chapter 21A.16 of this title. Notwithstanding section 21A.16.030 of this title, tThe 290
filing of the appeal shall not stay the decision of the Planning Commission pending the outcome 291
of the appeal, except as provided for under section 21A.16.030F of this title. unless the Planning 292
Commission takes specific action to stay a decision. 293
19 10/8/2020Admin. Decision Appeals Text Amendment
20 10/8/2020Admin. Decision Appeals Text Amendment
Attachment B: Existing Code Text
CHAPTER 21A.16 APPEALS OF ADMINISTRATIVE DECISIONS
SECTION:
21A.16.010: Authority
21A.16.020: Parties Entitled To Appeal
21A.16.030: Procedure
21A.16.040: Appeal Of Decision
21A.16.050: Stay Of Decision
21A.16.010: AUTHORITY:
As described in Section 21A.06.040 of this title, the appeals hearing officer shall hear and
decide appeals alleging an error in any administrative decision made by the zoning
administrator or the administrative hearing officer in the administration or enforcement of
this title, as well as administrative decisions of the planning commission. The appeals
hearing officer may hear and decide appeals alleging an error in administrative decisions
made by the historic landmark commission pursuant to Section 21A.16.020 of this chapter.
In addition, the appeals hearing officer shall hear and decide applications for variances as
per Chapter 21A.18 of this title and shall make determinations regarding the existence,
expansion or modification of nonconforming uses and noncomplying structures pursuant
to the procedures and standards set forth in Chapter 21A.38, "Nonconforming Uses and
Noncomplying Structures", of this title.
21A.16.020: PARTIES ENTITLED TO APPEAL:
An applicant or any other person or entity adversely affected by a decision administering
or interpreting this title may appeal to the appeals hearing officer.
21A.16.030: PROCEDURE:
Appeals of administrative decisions by the zoning administrator, historic landmark
commission or planning commission shall be taken in accordance with the following
procedures:
A.Filing of Appeal:
All appeals shall specify the decision appealed, the alleged error made in connection
with the decision being appealed, and the reasons the appellant claims the decision
to be in error, including every theory of relief that can be presented in district court.
The deadlines for filing an appeal are as indicated below:
1.Administrative decisions made by the zoning administrator: ten (10) days.
2.Planning commission decisions: ten (10) days.
3.Historic landmark commission: Thirty (30) days for appeals filed by the
applicant, ten (10) days for appeals filed by any other party entitled to appeal.
B.Fees: The application shall be accompanied by the applicable fees shown on the Salt
Lake City consolidated fee schedule. The applicant shall also be responsible for
21 10/8/2020Admin. Decision Appeals Text Amendment
Attachment B: Existing Code Text
payment of all fees established for providing the public notice required by Chapter
21A.10 of this title.
C.Stay of Proceedings:
An appeal to the appeals hearing officer shall stay all further proceedings
concerning the matter about which the appealed order, requirement, decision,
determination, or interpretation was made unless the zoning administrator certifies
in writing to the appeals hearing officer, after the appeal has been filed, that a stay
would, in the zoning administrator's opinion, be against the best interest of the city.
D.Notice Required:
1.Public Hearing: Upon receipt of an appeal of an administrative decision by
the zoning administrator, the appeals hearing officer shall schedule and hold
a public hearing in accordance with the standards and procedures for
conduct of the public hearing set forth in Chapter 21A.10 of this title.
2.Public Meeting: Appeals from a decision of the historic landmark
commission or planning commission 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 of a decision by the historic landmark
commission or planning commission, the appeals hearing officer shall
schedule a public meeting to hear arguments by the appellant and
respondent. 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 give e-mail notification, or other form of notification chosen
by the appeals hearing officer, a minimum of twelve (12) calendar days in
advance of the hearing to any organization entitled to receive notice
pursuant to Title 2, Chapter 2.60 of this code.
3.Time Limitation: All appeals shall be heard within one hundred eighty
(180) days of the filing of the appeal. Appeals not heard within this time
frame will be considered void and withdrawn by the appellant.
E.Standard of Review:
1.The standard of review for an appeal, other than as provided in Subsection E.2
of this section, 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.
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.
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.
22 10/8/2020Admin. Decision Appeals Text Amendment
Attachment B: Existing Code Text
F.Burden of Proof: The appellant has the burden of proving the decision appealed is
incorrect.
G.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, or may modify the administrative
decision. A decision shall become effective on the date the decision is rendered.
H.Notification of Decision:
Notification of the decision of the appeals hearing officer shall be sent to all parties
to the appeal within ten (10) days of the decision.
I.Record of Proceedings:
The proceedings of each appeal hearing shall be recorded on audio equipment. The
audio recording of each appeal hearing shall be kept for a minimum of sixty (60)
days. Upon the written request of any interested person, such audio recording shall
be kept for a reasonable period of time beyond the sixty (60) day period, as
determined by the appeals hearing officer. Copies of the tapes of such hearings may
be provided, if requested, at the expense of the requesting party. The appeals
hearing officer may have the appeal proceedings contemporaneously transcribed by
a court reporter.
J.Policies and Procedures:
The planning director shall adopt policies and procedures, consistent with the
provisions of this section, for processing appeals, the conduct of an appeal hearing,
and for any other purpose considered necessary to properly consider an appeal.
K.Matters Delayed:
For all matters delayed by the appeals hearing officer, any subsequent written
materials shall be submitted a minimum of fourteen (14) days prior to the
rescheduled meeting date.
21A.16.040: APPEAL OF DECISION:
Any person adversely affected by a final decision made by the appeals hearing officer may
file a petition for review of the decision with the district court within thirty (30) days after
the decision is rendered.
21A.16.050: STAY OF DECISION:
The appeals hearing officer may stay the issuance of any permits or approvals based on its
decision for thirty (30) days or until the decision of the district court in any appeal of the
decision.
23 10/8/2020Admin. Decision Appeals Text Amendment
ZONING TEXT AMENDMENT
21A.50.050: A decision to amend the text of this title or the zoning map by general amendment
is a matter committed to the legislative discretion of the city council and is not controlled by any
one standard. In making a decision to amend the zoning map, the City Council should consider
the following:
CONSIDERATION FINDING RATIONALE
1.Whether a proposed
text amendment is
consistent with the
purposes, goals,
objectives, and policies
of the City as stated
through its various
adopted planning
documents;
The proposed
amendments are
generally
consistent with
the goals and
policies the
City’s plans.
None of the existing adopted Salt Lake City master plans
specifically address the proposed amendments.
However, the changes clarify the code and remove
conflicts to ensure that the ordinance is enforceable.
Master Plan provisions involving land use are
implemented through the zoning ordinance and so an
enforceable zoning ordinance is consistent with the City’s
Master Plans. The proposed amendments to the Zoning
Ordinance relating to the appeals process will clarify
processes and reduce legal issues with the code, which
supports implementation of the City’s adopted plans and
policies.
2.Whether a proposed
text amendment furthers
the specific purpose
statements of the zoning
ordinance;
The proposal
generally
furthers the
specific purpose
statements of
the zoning
ordinance by
ensuring their
enforcement and
administration.
The purpose of the zoning ordinance is to “promote the
health, safety, morals, convenience, order, prosperity and
welfare of the present and future inhabitants of Salt Lake
City, to implement the adopted plans of the City, and
carry out the purposes of the Municipal Land Use
Development and Management Act (State Code). The
proposed amendments reduce conflicts between City and
State Code, better allowing enforcement and
administration of the City’s zoning ordinance. The
proposed changes maintain conformity with the general
purpose statements of the zoning ordinance and ensure
that the code can be legally administered and enforced to
further those ordinance purposes.
3.Whether a proposed
text amendment is
consistent with the
purposes and provisions
of any applicable overlay
zoning districts which
may impose additional
standards; and
The proposal is
consistent with
and does not
impact the
enforceability of
any existing
appeal process
references in any
zoning overlays.
The proposed amendments will impact appeals relating
to all sections of the zoning ordinance, including any
overlays. Various overlays reference the appeals process
in the affected code sections. Those references will remain
in place and will continue to be enforceable.
4.The extent to which
a proposed text
amendment implements
best current,
The proposed
changes
eliminate legal
conflicts,
The proposed changes eliminate legal conflicts in the
code, allowing for better enforceability and
administration of City Code provisions. Legal,
enforceable code is a best professional practice in urban
24 10/8/2020Admin. Decision Appeals Text Amendment
professional practices of
urban planning and
design.
improve
enforceability
and
administration
of City Code,
and so
implement best
professional
practices.
planning. The regulation changes do not pertain to
professional practices of design.
25 10/8/2020Admin. Decision Appeals Text Amendment
Public Notice, Meetings, Comments
The following is a list of public meetings that have been held, and other public input
opportunities, related to the proposal:
•Early notification/online Open House notices e-mailed out June 18, 2020
o Notices were e-mailed to all recognized community organizations (community
councils) per City Code 2.60 with a link to the online open house webpage
o One community council (Sugar House) requested that staff attend and present
the changes to their Land Use and Zoning Committee
▪Staff attended the meeting over video conference, reviewed the proposal,
and answered questions.
o No formal input was received from any community councils.
o No public comments were received.
Notice of the public hearing for the proposal included:
•Public hearing notice published to newspaper September 30, 2020
•Public notice posted on City and State websites and Planning Division listserv on
September 30, 2020
26 10/8/2020Admin. Decision Appeals Text Amendment
Planning Staff Note: This text amendment generally does not impact most other City
departments and so other departments did not provide any concerns. Appeals can be submitted
regarding building permits issued by Building Services; however, Building Services did not have
any concerns with the changes.
27 10/8/2020Admin. Decision Appeals Text Amendment
PLANNING COMMISSION – Oct. 14, 2020
c. Agenda/Minutes
SALT LAKE CITY PLANNING COMMISSION MEETING AGENDA
This meeting will be an electronic meeting pursuant to the
Salt Lake City Emergency Proclamation
October 14, 2020, at 5:30 p.m.
(The order of the items may change at the Commission’s discretion)
This Meeting will not have an anchor location at the City and County Building. Commission Members will connect
remotely. We want to make sure everyone interested in the Planning Commission meetings can still access the meetings
how they feel most comfortable. If you are interested in watching the Planning Commission meetings, they are available on
the following platforms:
• YouTube: www.youtube.com/slclivemeetings
• SLCtv Channel 17 Live: www.slctv.com/livestream/SLCtv-Live/2
If you are interested in participating during the Public Hearing portion of the meeting or provide general comments, email;
planning.comments@slcgov.com or connect with us on Webex at:
• http://tiny.cc/slc-pc-10142020
Instructions for using Webex will be provided on our website at SLC.GOV/Planning
PLANNING COMMISSION MEETING WILL BEGIN AT 5:30 PM
APPROVAL OF MINUTES FOR SEPTEMBER 23, 2020
REPORT OF THE CHAIR AND VICE CHAIR
REPORT OF THE DIRECTOR
1. Union Pacific Hotel Time Extension Request - Mark Sanford, project representative, is requesting a one-
year time extension for the Union Pacific Hotel Planned Development and Conditional Building and Site Design
Review, located at 2 S. 400 West. The applicant has indicated that additional time is needed to finalize
financing for the proposed hotel project. The Planned Development and Conditional Building and Site Design
Review was approved by the Planning Commission on November 14, 2018 for an 8-story, 225-room hotel to
be located on the west side of the existing Union Pacific Railroad Station. All new construction in the Gateway-
Mixed Use zoning district must be reviewed as a planned development. The subject property is located within
Council District 4, represented by Ana Valdemoros. (Staff contact: Kelsey Lindquist at (385) 226-7227
or kelsey.lindquist@slcgov.com) Case numbers PLNSUB2018-00617 & PLNSUB2018-00618
2. Edison House Conditional Use Time Extension Request - Bubba Holdings, LLC, applicant, request a one-
year time extension for the Edison House Conditional Use at 335 South 200 West. The Planning Commission
approved the conditional use on October 9, 2019. The project is a 3-story structure that would house a
membership-based social club. In the D-3 Downtown Warehouse/Residential District, a Conditional Use review
is required if a structure is 3 or more stories in height and contains commercial uses but no residential uses.
Indoor and Outdoor Bar Establishments are also subject to a Conditional Use review in this zone. Building
permit plans have been submitted but the applicant needs additional time to solve technical issues resulting
from the permit plan review. The property is located within Council District 4, represented by Ana Valdemoros.
(Staff contact: Wayne Mills at (801) 535-7282 or wayne.mills@slcgov.com) Case number PLNPCM2019-
00671
PUBLIC HEARINGS
1. Height & Grade Change Special Exceptions at approximately 333 N Federal Heights Circle - Scott and
Jennifer Huntsman, the property owners, are requesting special exception approval to construct a new
single-family detached structure that exceeds the maximum permitted building and wall height and maximum
allowable grade changes in the FR-3/12,000 Foothills Residential District. The subject property is located at
333 N Federal Heights Circle and is currently vacant. The proposed structure will exceed the height limit of
28’ by 2’-8" at two points on the rear and middle of the structure. The requested grade changes in the
rear yard will exceed the permitted 4 feet in the setback area and 6 feet in the buildable area. The subject
property is located in the FR-3/12,000 (Foothills Residential) zoning district and within Council District 3,
represented by Chris Wharton (Staff contact: Kristina Gilmore at (801) 535-7780 or
kristina.gilmore@slcgov.com) Case number PLNPCM2020-00639
2. 800 South & State Street Design Review at approximately 754 S. State Street - Aabir Malik, an applicant
with Colmena Group, is requesting Design Review approval to develop a portion of the former Sears property
into an 11-story, 120 foot tall, mixed-use development consisting of ground floor retail and 360 multi-family
residential units on the upper floors. The applicant is requesting Design Review approval to allow for
additional building height, modification to the spacing of building entrances and to exceed the maximum
street facing facade length. The project site is located in the D-2 (Downtown Support) zoning district and is
located within Council District 4, represented by Ana Valdemoros (Staff contact: Nannette Larsen at (801)
535-7645 or nannette.larsen@slcgov.com) Case number PLNPCM2020-00439
3. Kozo House Apartments Design Review at approximately 157 & 175 North 600 West, & 613, 621, 625,
& 633 West 200 North – A request by David Clayton for Design Review approval to develop a 312-unit
mixed use building on six parcels located at 157 North 600 West, 175 North 600 West, 613 West 200 North,
621 West 200 North, 625 West 200 North, and 633 West 200 North. These properties are located in the TSA-
UC-T Zoning District. The applicant is requesting Design Review approval to allow the proposed building to
exceed the maximum street facing façade length and to modify the spacing of building entrances. The project
is located within Council District 3, represented by Chris Wharton (Staff contact: Caitlyn Miller at (385) 315 -
8115 or caitlyn.miller@slcgov.com) Case number PLNPCM2020-00258
4. West End Rezone at approximately 715 W Genesee Ave - A request by Maximilian Coreth, property
owner, to rezone the parcel located at approximately 715 W Genesee Avenue and a portion of a city owned
public alley at approximately 740 W 900 South. The properties are currently zoned Light Manufacturing (M-
1) and the request is to rezone them to Residential Mixed Use (R-MU). The purpose of the requested rezone
is to accommodate a future multi-family residential development on a portion of the subject site. The property
is zoned M-1 (Light Manufacturing) and is located within Council District 2, represented by Andrew Johnston
(Staff contact: Chris Earl at (801) 535-7932 or christopher.earl@slcgov.com) Case number PLNPCM2020-
00268
5. Administrative Decision Appeals Text Amendment - The City Council is requesting amendments to the
zoning ordinance regulations regarding appeals of administrative decisions. Administrative decisions are
those made by the Planning Commission, Historic Landmark Commission, or the Zoning Administrator in the
administration of the zoning ordinance. The proposed amendments would modify City Code to align with
state law, related case law, and make other clarifications to that code section. The amendments primarily
clarify what matters can be decided by the City's Appeals Hearing Officer, who can appeal decisions, and
when an appeal can stay a decision. The proposed amendments affect Chapter 21A.16 of the zoning
ordinance. Related provisions of Title 21A-Zoning may also be amended as part of this petition. The changes
would apply Citywide. (Staff contact: Daniel Echeverria at (801) 535-7165 or
daniel.echeverria@slcgov.com) Case Number PLNPCM2020-00352
For Planning Commission agendas, staff reports, and minutes, visit the Planning Division’s website at slc.gov/planning/public-meetings.
Staff Reports will be posted the Friday prior to the meeting and minutes will be posted two days after they are ratified, which usually
occurs at the next regularly scheduled meeting of the Planning Commission.
Salt Lake City Planning Commission October 14, 2020 Page 1
SALT LAKE CITY PLANNING COMMISSION MEETING EXCERPT
This meeting was held electronically pursuant to the
Salt Lake City Emergency Proclamation
Wednesday, October 14, 2020
A roll is being kept of all who attended the Planning Commission Meeting. The meeting was called to
order at 5:56:09 PM. Audio recordings of the Planning Commission meetings are retained for a period
of time.
Present for the Planning Commission meeting were: Chairperson, Adrienne Bell; Vice Chairperson,
Brenda Scheer; Commissioners; Maurine Bachman, Amy Barry, Jon Lee, Matt Lyon, Andres Paredes,
Sara Urquhart, and Crystal Young-Otterstrom. Commissioner Carolynn Hoskins was excused.
Planning Staff members present at the meeting were: Nick Norris, Planning Director; Michaela Oktay,
Planning Deputy Director; Paul Neilson, Attorney; Kelsey Lindquist, Senior Planner; Wayne Mills,
Planning Manager; Kristina Gilmore, Principal Planner; Nannette Larsen, Principal Planner; Caitlyn Miller,
Principal Planner; Chris Earl, Associate Planner; Daniel Echeverria, Senior Planner; and Marlene
Rankins, Administrative Secretary.
-------------------------------------------
8:43:00 PM
Administrative Decision Appeals Text Amendment - The City Council is requesting amendments
to the zoning ordinance regulations regarding appeals of administrative decisions. Administrative
decisions are those made by the Planning Commission, Historic Landmark Commission, or the Zoning
Administrator in the administration of the zoning ordinance. The proposed amendments would modify
City Code to align with state law, related case law, and make other clarifications to that code section. The
amendments primarily clarify what matters can be decided by the City's Appeals Hearing Officer, who
can appeal decisions, and when an appeal can stay a decision. The proposed amendments affect
Chapter 21A.16 of the zoning ordinance. Related provisions of Title 21A-Zoning may also be amended
as part of this petition. The changes would apply Citywide. (Staff contact: Daniel Echeverria at (801)
535-7165 or daniel.echeverria@slcgov.com) Case Number PLNPCM2020-00352
Daniel Echeverria, Senior Planner, reviewed the petition as outlined in the Staff Report (located in the
case file). He stated Staff recommended that the Planning Commission forward a positive
recommendation to the City Council.
The Commission and Staff discussed the following:
• Clarification on who oversees the hearing officer to determine whether the property analyzing City
code issues versus State code issues
• Clarification on the difference between applying State law and interpreting it
PUBLIC HEARING 8:54:33 PM
Chairperson Bell opened the Public Hearing; seeing no one wished to speak; Chairperson Bell closed
the Public Hearing.
MOTION 8:55:33 PM
Commissioner Scheer stated, based on the information in the staff report, the information
presented, and the input received during the public hearing, I move that the Planning Commission
Salt Lake City Planning Commission October 14, 2020 Page 2
recommend that the City Council approve the proposed text amendment, PLNPCM2020-00352
Administrative Decision Appeals Text Amendment.
Commissioner Bachman seconded the motion. Commissioners Bachman, Barry, Lee, Lyon,
Paredes, Scheer, Urquhart, and Young-Otterstrom voted “Aye”. The motion passed unanimously.
The meeting adjourned at 8:57:50 PM
PLANNING COMMISSION – Oct. 14, 2020
d. Presentation Slides
Salt Lake City
Planning Commission
October 14, 2020
Administrative Decision Appeals
Zoning Text Amendment
Planning Commission
Admin. Appeals Text Amendment
Appeals Chapter 21A.16
•Regulates appeals of administrative decisions
Decisions by:
•Planning Commission
•Historic Landmarks Commission
•Other Administrative decisions
•Zoning Administrator/Planning Director/Staff
•Appeals heard by an appointed Appeals
Hearing Officer
•Technical changes to Appeals chapter
•Comply with recent state code and case law
Planning Commission
Admin. Appeals Text Amendment
•Clarify authority of Appeals Hearing Officer
•Authority over City code appeals only, not state code
•Align allowed appellant definition with State Code
•(2) "Adversely affected party" means a person other than a land use applicant
who:
(a) owns real property adjoining the property that is the subject of a land use
application or land use decision; or
(b) will suffer a damage different in kind than, or an injury distinct from, that of
the general community as a result of the land use decision.
•Stays of decisions with appeals
•Appeals will not automatically stay decisions
•Appeals Hearing Officer would decide on stay requests from
appellants
•Appellant must demonstrate potential substantial harm
•Other wording, clarification changes
4. ORIGINAL PETITION
City Council Announcements
May 5, 2020
For Your Information
A. Billboard Ordinance Amendments 6:13:46 PM
In October 2019, the Salt Lake City Attorney's Office let the Council know about
areas of the City's zoning ordinances pertaining to billboards that need updating
to be in line with state law. Those changes include:
• amending the zoning code to remove the City billboard bank
• clarify the scope of administrative land use appeals
The City Council may wish to initiate a petition requesting those amendments be
made. The Attorney’s Office would work with other City departments to process
those changes and then transmit them to the Council for final consideration.
➢ If the Council supports this text amendment, it may officially be initiated
during tonight’s (May 5) formal meeting. Cindy Gust-Jenson, Executive
Council Director, said the ordinance needed to be updated to adhere to
State law. She said in order for this to go through the proper procedure, it
would be best if the request was made by the Council. She said it was
scheduled for action tonight during the formal meeting unless objections
were raised. Councilmember Dugan asked if this would increase the
chance for more billboards. Ms. Gust-Jenson said no. Council Members
had no objections.