PLNZAD2020-00789 - 222 E 4thNovember 9, 2020
CASE# PLNZAD2020-00789
Administrative Interpretation
DECISION AND FINDINGS
BACKGROUND and REQUEST:
The applicant submitted a petition to Salt Lake City to amend the text of the Zoning Ordinance.
The proposal would amend zoning regulations that pertain to Salt Lake City’s Historic
Preservation Overlay District; therefore, the proposal was presented to the Historic Landmark
Commission (HLC) for their consideration prior to forwarding the proposal to the Planning
Commission and the City Council. The City Council is the final decision maker on zoning text
amendments. The HLC reviewed the proposal and voted to forward a negative recommendation
to the Planning Commission and City Council.
The applicant is requesting an Administrative Interpretation to determine if the recommendation
made by the HLC can be appealed. The applicant claims that the HLC made a “decision”;
therefore, the action can be appealed. Note: this is a summarization of the applicant’s claim. The
applicant’s full interpretation application is attached in Attachment A.
DECISION:
The Zoning Administrator finds that the Historic Landmark Commission is not the “land use
authority” on zoning text amendment matters; therefore; recommendations made by the HLC on
these matters cannot be appealed.
FINDINGS:
In Salt Lake City, amending zoning regulations requires review and a recommendation by the
Planning Commission and approval by the City Council. When an amendment affects properties
listed as a Historic Landmark Site or located in a Historic Preservation Overlay District, the
proposal is presented to the HLC for their review and recommendation. In any event, the City
Council is the final decision maker on amendments to zoning regulations.
Although the HLC reviewed the proposed zoning amendment, made a motion and voted on that
motion, they are not the final decision maker. Therefore, the HLC’s decision (recommendation
in this case) is not an appealable action. The following provides the reasoning according to
regulations stated in the Salt Lake City Zoning Ordinance.
Section 21A.16.010 of the Zoning Ordinance states the authority of the Salt Lake City appeals
hearing officer as follows:
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. (emaphasis added)
This section states that the appeals hearing officer may only hear and decide on decisions made
by the HLC when the HLC is making an administrative decision. Section 21A.62.040 of the
Zoning Ordinance defines “administrative decision” as:
Any final order, requirement, decision, determination or interpretation made by a Land
Use Authority in the administration or the enforcement of this title. (emphasis added)
Section 21A.62.040 of the Zoning Ordinance defines “Land Use Authority” as:
The entity identified by this title to decide a land use application.
Again, the subject application is an amendment to zoning regulations. Section 21A.50.020 of the
Zoning Ordinance states the following:
The text of this title and the zoning map may be amended by the passage of an ordinance
adopted by the city council in accordance with the procedures set forth in this chapter.
This states that the City Council is the decision maker regarding zoning amendments; therefore,
the City Council is the land use authority. Since the HLC is not the land use authority in these
matters they are not making an administrative decision; therefore, the appeals hearing officer
cannot hear an appeal on the HLC’s recommendation.
In addition to Salt Lake City zoning regulations, the State of Utah Municipal Land Use and
Development Management Act (MLUDMA) provides guidance on this matter. MLUDMA, Utah
Code Sec. 10-9a-101, et seq., requires cities to appoint at least one appeal authority to hear and
decide appeals of administrative land use decisions. (see Utah Code Sec. 10-9a-701).
MLUDMA makes clear that only land use decisions applying current land use regulations may
be appealed to the appeal authority. (See Utah Code Sec. 10-9a-707(6), providing that, “[o]nly a
decision in which a land use authority has applied a land use regulation to a particular land use
application, person, or parcel may be appealed to an appeal authority.”)
It is important to note how MLUDMA defines “land use decision” and “land use application” in
light of the foregoing. Utah Code Sec. 10-9a-103(30) reads:
“Land use decision” means an administrative decision of a land use authority or appeal
authority regarding:
(a) a land use permit;
(b) a land use application; or
(c) the enforcement of a land use regulation, land use permit, or development
agreement.
Additionally, Utah Code Sec. 10-9a-103(28) provides:
“Land use application”:
(a) means an application that is:
(i) required by a municipality; and
(ii) submitted by a land use applicant to obtain a land use decision; and
(b) does not mean an application to enact, amend, or repeal a land use regulation.
It is clear from the sections of MLUDMA cited above that only “land use decisions” applying
current land use regulations may be appealed to a city’s land use appeal authority.
Recommendations from a historic landmark commission or a planning commission are not
“land use decisions”. Further, a petition to amend existing land use regulations only becomes
appealable after the local legislative authority, in this case the Salt Lake City Council, has
formally acted on that petition. (See Utah Code Sec. 10-9a-801(3)(a) and 10-9a-801(5)).
APPEAL PROCESS:
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. Notice of appeal shall be filed
within ten (10) days of the administrative decision. The appeal shall be filed with the Planning
Division and shall specify the decision appealed and the reasons the appellant claims the decision
to be in error. Applications for appeals are located on the Planning Division website at
http://www.slcgov.com/planning/planning-applications along with information about the
applicable fee. Appeals may be filed in person at the Planning Counter, 451 South State Street,
Room 215 or by mail at Planning Counter PO BOX 145471, Salt Lake City, UT 84114-5471.
NOTICE:
Please be advised that a determination finding a particular use to be a permitted use or a
conditional use shall not authorize the establishment of such use nor the development,
construction, reconstruction, alteration, or moving of any building or structure. It shall merely
authorize the preparation, filing, and processing of applications for any approvals and permits
that may be required by the codes and ordinances of the City including, but not limited to, a zoning
certificate, a building permit, and a certificate of occupancy, subdivision approval, and a site plan
approval.
Dated this 9
th day of November 2020 in Salt Lake City, Utah.
Kelsey Lindquist
Senior Planner
Salt Lake City Planning Division
CC: Nick Norris, Planning Director
Joel Paterson, Zoning Administrator
Wayne Mills, Planning Manager
Greg Mikolash, Development Review Supervisor
Posted to Web
Applicable Recognized Organization
Kelsey Lindquist
ATTACHMENT A