Legislative Version Ordinance - 7/29/2021 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
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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
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21A.16.010: AUTHORITY: 42
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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
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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
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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
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3. Applications for variances as per chapter 21A.18 of this title; 58
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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
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5. Any other matter involving application, administration or enforcement of this code where 64
specifically authorized by a provision of this code. 65
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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
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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
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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
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3. Appeals requesting legal or equitable remedies available under state or federal law. 80
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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
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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
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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
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21A.16.020: PARTIES ENTITLED TO APPEAL: 106
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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
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21A.16.030: PROCEDURE: 114
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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
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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
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B. Filing: The application must be submitted as indicated on the form by the applicable 127
deadline, together with all applicable fees. 128
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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
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1. Administrative decisions made by the zZoning aAdministrator: tTen (10) days;. 136
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2. Planning cCommission decisions: tTen (10) days;. 138
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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
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BD. Fees: The application shall be accompanied by the applicable following fees: 143
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1. The applicable fees shown on the Salt Lake City consolidated fee schedule; and 145
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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
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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
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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
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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
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DG. Notice Required: 170
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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
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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
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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
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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
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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
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EI. Standard oOf Review: 197
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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
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2. An appeal from a decision of the hHistoric lLandmark cCommission or pPlanning 204
cCommission shall be based on the record made below. 205
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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
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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
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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
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FJ. Burden Oof Proof: The appellant has the burden of proving the decision appealed is 219
incorrect. 220
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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
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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
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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
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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
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21A.16.040: APPEAL OF DECISION: 251
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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
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21A.16.050: STAY OF DECISION: 257
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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
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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
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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
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filing of an appeal shall stay the decision of the Historic Landmark Commission pending the 283
outcome of the appeal. 284
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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
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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
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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
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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
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______________________________ 325
CHAIRPERSON 326
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ATTEST AND COUNTERSIGN: 328
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______________________________ 331
CITY RECORDER 332
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Transmitted to Mayor on _______________________. 335
Mayor’s Action: _______Approved. _______Vetoed. 336
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______________________________ 338
MAYOR 339
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______________________________ 341
CITY RECORDER 342
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(SEAL) 345
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Bill No. ________ of 2020. 348
Published: ______________. 349
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Approved As To Form
Salt Lake City Attorney’s Office
By: _________________________
Katherine Lewis, City Attorney
Date: ______________________