06/26/2024 - Policies & Procedures SALT LAKE CITYAPPEALS HEARING OFFICER
POLICIES AND PROCEDURES
A. General Provisions
1. Hearing Officer: One or more individuals shall be appointed to act as an Appeals
Hearing Officer for Land Use Appeals as provided in Section 21A.06.040 of the Salt
Lake City Code and shall act as the Land Use Appeal Authority required by Utah Code
Section 10-9a-701. Such Appeals Hearing Officer(s)shall also act as the hearing officer
as provided in Salt Lake City Code Section 18.98.090 and Utah Code Section 11-36a-
703 for impact fee appeals. Only one hearing officer shall hear and decide any one
appeal or petition.
2. Legislative Matters. The Appeals Hearing Officer shall not hear any appeal of a
legislative decision or any other decision made by the City Council.
3. Duty to Exhaust. Each adversely affected person who wishes to challenge a local
administrative land use decision or impact fee shall, before going to court, timely and
specifically challenge the local land use decision in accordance with the provisions of
the Salt Lake City Code.
4. Other Law Controls. Where these policies and procedures conflict with existing
statutes or ordinances, the statute or ordinance shall take precedence.
5. Compensation. The Appeals Hearing Officer shall be paid per agreement with the
City.
B. Conflicts of Interest & Exparte Communication
1. Conflicts of Interest. The Appeals Hearing Officer shall not participate in any appeal
or other matter in which the Appeals Hearing Officer has a conflict of interest
prohibited by Chapter 2.44 of the Salt Lake City Code or by the Rules of Professional
Conduct governing attorneys in the State of Utah if applicable. When an Appeals
Hearing Officer reasonably believes that he or she may have an actual, apparent, or
reasonably foreseeable conflict of interest on any matter that may come before the
Appeals Hearing Officer, he or she shall explain the apparent conflict to the City
Attorney and recues her or himself from hearing the matter. When a conflict of interest
arises, another appointed Appeals Hearing Officer will be selected to hear such matter.
2. Exparte Communication. The Appeals Hearing Officer shall not discuss or exchange
any communication regarding the merits of the appeal outside of a public meeting.
Policies and Procedures—Salt Lake Appeals Hearing Officer
May 21,2024 Page 1
C. Procedures Prior to Hearing.
1. Initial Notification to Appeals Hearing Officer. Once an application has been
submitted that will be heard by the Appeals Hearing Officer, the Planning Division
staff will notify the Appeals Hearing Officer of the matter prior to scheduling the matter
for a public meeting.
2. Scheduling matters for the Appeals Hearing Officer meeting. Planning Division
staff will work with the appellant, applicant(in the case where someone other than the
original applicant is appealing the matter) and the Appeals Hearing Officer, to find a
date that works for all involved in the matter. Typically the Appeals Hearing Officer
meeting will be held on the third Thursday of the month. However, if all parties are
able to meet at a time during the regular work week that works better for all involved
and still affords the time for proper noticing of the meeting, other dates can be arranged
in order to ensure a timely meeting.
Once the matter is scheduled, the meeting can be postponed by the Appeals Hearing
Officer if an appellant or their representative or applicant or their representative has a
scheduling conflict and cannot attend the meeting, by mutual agreement of all parties,
or for other good cause as determined by the Appeals Hearing Officer. However, the
meeting time should not be delayed more than once, especially if the matter is being
appealed by someone other than the applicant or the matter is an enforcement item and
the delay could be construed as a tactic to delay a project from commencing or
enforcement action from taking place. Except in case of emergency, requests to
postpone a matter must be submitted no later than 7 days in advance of the scheduled
meeting.
3. Provision of Contact Information: Absent a showing that such a requirement is
prejudicial to any party, the applicant or person bringing an appeal, a designated
member of the Planning Staff,applicable City Attorney and any other interested person
who desires notice over and above that required by the local ordinances with regard to
a specific application or appeal shall provide the Planning Division with an email
address or other means of contact.
a. This email address will be used to notify the parties of the information required for
the meeting and the process to be followed at the meeting in addition to exchange
documents, discuss scheduling, procedures, or any other information about the
process of the appeal or application review before and after any hearing on the
matter.
Policies and Procedures—Salt Lake Appeals Hearing Officer
May 21,2024 Page 2
b. Any such emailed messages are public documents and subject to the Government
Records Access Management Act (GRAMA).
4. Notification of Public Meetings:Notice of all items scheduled for an Appeals Hearing
Officer meeting shall be provided to the appropriate parties prior to the meeting
consistent with Salt Lake City zoning ordinance and Utah State statute. Where the
meeting is a public hearing, notices should be sent as per Chapter 21A.10 of the Salt
Lake City zoning ordinance (General Application and Public Hearing Procedures).
For appeals of impact fees, noticing shall be consistent with Section 18.98.090 of the
Salt Lake City Code.
a. Notice of Appeals Hearing Officer Meetings: Copies of decisions and/or staff
reports shall be posted on the City's website by Planning Division staff assigned to
the meeting and thus made available to members of the public.
5. Staff Report: All issues presented to the Appeals Hearing Officer for consideration
shall be accompanied by a Staff Report outlining the issue and providing background
information and facts. For land use appeals, the staff report may be prepared by the
Planning Division or Attorney's Office (generally referred to as a brief).
a. Staff reports shall address the portion of the Salt Lake City Code affected and how
the decision fits within the guidelines of the ordinance.
b. Staff reports should be as concise as possible,while allowing for adequate coverage
of the subject matter.
c. Staff reports may include a recommendation for action by the Appeals Hearing
Officer.
d. Staff reports shall be made available to the Appeals Hearing Officer, appellant or
applicant or any other interested party at least six calendar days before a meeting is
held on the issue which is the subject of the appeal.
e. Staff reports shall be considered a public document and shall be made available for
public view and posted on the City's website at least six calendar days before the
public meeting. Any notice provided of meetings by the Appeals Hearing Officer
shall include a statement that the staff report for each matter to be heard is available
online, along with the web address where the staff reports are posted.
6. Submission of Written Materials:
a. Commission Decisions: Appeals of commission decisions are considered "on the
record" reviews and no new information may be presented that was not made
available to the commission prior to the commission's decision. Written materials
submitted regarding an appeal of a commission decision may only be submitted by
the appellant, applicant (if different than the appellant), or the city. Any such
submissions by the appellant or applicant (if different than the appellant) must be
Policies and Procedures—Salt Lake Appeals Hearing Officer
May 21,2024 Page 3
submitted to the Planning Division no later than fourteen calendar days prior to a
meeting in order for the materials to be analyzed and incorporated into the staff
report. Except for proposed findings of fact and conclusions of law,no submissions
may be made after this time unless requested by the Appeals Hearing Officer.
b. Administrative Land Use Decisions/Impact Fee AppealsNariances: Any
written materials submitted by the public or interested parties for the Appeals
Hearing Officer's review must be submitted to the Planning Division fourteen days
prior to the scheduled hearing in order to allow time to incorporate the material into
the published staff report. Except for proposed findings of fact and conclusions of
law, no submissions may be made after this time unless requested by the Appeals
Hearing Officer.
c. General guidelines:
i. Written materials submitted should be concise.
ii. No later than two business days after a matter is heard, unless otherwise
directed by the Appeals Hearing Officer, any party to a matter, including
the Planning Division, may submit proposed findings of fact and
conclusions of law for adoption by the Appeals Hearing Officer.
D. Meetings by the Appeals Hearing Officer.
1. Place: All meetings of the Appeals Hearing Officer shall be held virtually only. A link
to the meeting shall be included in the agenda for each Appeals Hearing Officer
meeting posted on the Planning Division website. A meeting may be adjourned and
rescheduled by the Appeals Hearing Officer in order to afford due process to the
interested parties.
2. Field Trips: On those occasions when site inspections are deemed advisable,field trips
may be conducted by the Appeals Hearing Officer and notice of the time and place of
the field trip shall be provided to the parties and others who receive notice of the
meeting.
a. The parties shall be allowed at the sites of the field trip.
b. Field trips shall be for the purpose of gathering information, not for the discussion
of the project or decisions.
Policies and Procedures—Salt Lake Appeals Hearing Officer
May 21,2024 Page 4
E. Procedure at Meetings:
1. Due Process. The Appeals Hearing Officer shall act in a quasi-judicial manner and
ensure that those appearing before them are afforded due process, which includes the
following:
a. The right to notice a meeting where the matter is to be considered.
b. The right of parties to be heard in a meaningful manner to be heard on the matter,
as provided in Section 21A.16.
c. The right to review and comment upon any evidence that may be the basis for a
decision as provided in Section 21A.16.
d. The right to a fair and an unbiased decision-maker.
2. Who May Appear.
a. Where the matter is identified as a public hearing,the public may appear before the
Appeals Hearing Officer and make comments related to the matter.
b. Where the matter is an appeal of a decision by the Historic Landmark Commission
or Planning Commission, the Appeals Hearing Officer shall allow only the
appellant, applicant, where the appellant is not the applicant, Planning Division
staff, and representatives of the foregoing to make comment related to the matter.
The public may attend the meeting but cannot comment on the matter.
c. Where the matter is an appeal of an impact fee, the Appeals Hearing Officer shall
conduct the meeting as per Salt Lake City Code Section 18.98.090, Challenges and
Appeals.
3. Order of Consideration of Items: The following procedure will normally be
observed; however, it may be rearranged by the Appeals Hearing Officer for individual
items if necessary for the expeditious conduct of business and in the interest of fairness:
a. Appeals of Historic Landmark Commission or Planning Commission Decision:
1) Item introduction by Appeals Hearing Officer.
2) Presentation and recommendation by the person bringing the appeal who bears
the burden of proof. The person bringing the appeal shall generally have a total
of 30 minutes to make arguments and responses during the meeting.
3) Presentation and recommendation by the Planning Staff, City Attorney or other
person responding to the appeal. The Planning Staff, City Attorney and / or
other person responding to the appeal shall generally have a total of 30 minutes
to make arguments and responses during the meeting.
b. Appeals of Administrative Decisions or applications for Variances
Policies and Procedures—Salt Lake Appeals Hearing Officer
May 21,2024 Page 5
1) Because Appeals of Administrative Decisions or Variances are public hearings,
they shall not be heard before 5:00 p.m.
2) Item introduction by Appeals Hearing Officer.
3) Presentation and recommendation by the person bringing the appeal or
application for a variance.
4) Presentation and recommendation by the Planning Staff and/or City Attorney.
5) Comments and argument by others. Where the matter is identified in the zoning
ordinance as a public hearing others may make comments. There shall be a two
minute maximum per individual's presentation/ comments, unless the Appeals
Hearing Officer authorizes additional time.
6) When a public hearing is held, the person bringing the appeal and the Planning
Staff should be given opportunity to respond to comments made by any other
person.
a. The Appeals Hearing Officer has the authority to allow additional time to
ensure enough time to sufficiently understand the matter at hand.
F. Standard of Review
1. Record Review. Where the Appeals Hearing Officer hears a matter brought on appeal
from the Planning Commission or the Historic Landmark Commission,the appeal shall
be based on the record of the decision provided by the Planning Commission or Historic
Landmark Commission as per Chapter 21A.16 of the Salt Lake City Zoning Ordinance.
a. The person appealing a decision of the Planning Commission or the Historic
Landmark Commission shall have the burden to prove that the decision was
erroneous.
b. The Appeals Hearing Officer shall review the decision appealed on a standard of
correctness, and shall presume that the decision was correct.
c. The Appeals Hearing Officer shall uphold the decision which is the subject of the
appeal unless it is demonstrated that the decision is not supported by substantial
evidence in the record or violates a law, statute, or ordinance in effect when the
decision was made.
d. No new evidence shall be heard by the Appeals Hearing Officer unless such
evidence was improperly excluded from consideration in the decision which has
been appealed.
e. A record review shall not involve the provision of new facts to the Appeals Hearing
Officer and the person bringing the appeal or the person's representative shall
restrict the information provided to an explanation of how the decision was not
supported by substantial evidence in the record or was otherwise illegal.
Policies and Procedures—Salt Lake Appeals Hearing Officer
May 21,2024 Page 6
2. De Novo Review. Where the Appeals Hearing Officer hears a matter brought on appeal
from a decision by the Planning Division staff or any other administrative matter not
previously decided by the Planning Commission or Historic Landmark Commission,
or hears a variance request, the matter shall be heard de novo, which means that the
item shall be newly considered and shall not be decided based on the facts or law
previously reviewed.
a. The person bringing the appeal or variance request and others providing evidence
and comment on matters heard de novo should not presume that any information
available to any person who reviewed the matter previously is before the Appeals
Hearing Officer and shall have a duty to provide to the Appeals Hearing Officer
any information that is to be considered by the Appeals Hearing Officer.
b. A public hearing will be conducted.
3. Subject Matter Specific Standards. Appeals procedures and standards of review set
forth in Chapter 21A.16(or as to impact fee appeals Section 18.98.090) shall supersede
and apply to matters before the Appeals Hearing Officer specific to variances,
nonconforming/noncomplying structures, appeals of planning commission decisions
concerning subdivision amendments, or any other matter involving the administrative
application, administration, or enforcement of the Salt Lake City zoning code.
G. Procedure: Decision
1. Completion of Evidence and Comments. After hearing the presentations and
comments of those appearing before the Appeals Hearing Officer,the Appeals Hearing
Officer may continue the matter and leave the record open for more submittals by the
parties or others; take the matter under advisement; or announce a decision.
2. Rendering a Decision. A decision may reverse or affirm, wholly or in part, or may
modify the decision subject to the appeal. The Appeals Hearing Officer may also
remand the matter back to the original decisionmaker, Planning Commission or
Historic Landmark Commission, with specific instructions to address any portion of
the matter that may be missing from the record. On Variances, the Appeals Hearing
Officer is the decision making authority.
a. A Record of Decision of any matter shall be prepared which sets forth the facts and
law upon which the decision is made.
b. The date of the decision shall be the date that it is rendered.
c. The decision generally should be made within 10 days of the meeting.
d. Notification of the decision shall be sent to all parties to the appeal as provided by
the Salt Lake City Code. If parties agree, notification of the decision may be sent
Policies and Procedures—Salt Lake Appeals Hearing Officer
May 21,2024 Page 7
via email as per procedures (3.c Contact Information). Within 24 hours of the
decision, the City will post the decision to the City's webpage.
3. Stay of Decisions. The Appeals Hearing Officer may stay the issuance of any permits
or approvals of development activity that was the subject of the appeal only if the
Appeals Hearing Officer determines there is a compelling, countervailing public
interest in doing so. Upon such finding, the Appeals Hearing Officer may stay the
matter during the period in which the decision may be appealed to the district court,
and,if a petition for review is filed with the district court,during pendency of the matter
before the court.
L Reconsideration of Decisions.
1. Not Required: The Appeals Hearing Officer is not required to reconsider a matter.
2. Request for Reconsideration: The person seeking reconsideration must submit to
the Appeals Hearing Officer evidence which supports claims that the decision warrants
reconsideration.
a. All parties shall be notified of and may comment on a request for reconsideration.
b. A request for reconsideration can be made based on proof of a substantial change
in the law, facts, evidence, or conditions relating to the decision.
c. A request for reconsideration does not alter appeal deadlines to district court.
d. The Appeals Hearing Officer may consider a request for reconsideration on written
submissions only or hold another meeting to consider the request. If another
meeting is scheduled, the notification procedures required by Part C shall be
complied with. After receiving all comments regarding the reconsideration request,
the Appeals Hearing Officer shall determine whether or not there appears to have
been a substantial change in the law, facts, evidence, or conditions relating to the
application which would warrant reconsideration. If the Appeals Hearing Officer
determines that reconsideration is appropriate, then he/she shall render a revised
decision accordingly.
3. Reconsideration by the Appeals Hearing Officer. Without receiving a request, the
Appeals Hearing Officer may also voluntarily reconsider any decision within 10 days
of making the decision where the Appeals Hearing Officer believes the decision may
have been made in error. Any appeal deadline shall commence on the date any new
decision is issued pursuant to this provision.
Policies and Procedures—Salt Lake Appeals Hearing Officer
May 21,2024 Page 8
J. Suspension or Alteration of Rules
1. Approval Required. No standing rules,policies,or procedures of the Appeals Hearing
Officer shall be altered, amended, suspended, or rescinded without the approval of the
Planning Director.
2. Notice Required. Any proposed change in the standing rules, policies, or procedures
shall be posted on the Appeals Hearing Officer website. Notice of any proposed
changes shall also be provided to those who have requested notice of changes in the
website, the Planning Director, the Mayor, and the City Council Chair.
L. Records
1. Record of Proceedings. The Planning Division shall make an audio recording of and
also prepare a written summary of the proceedings of the Appeals Hearing Officer. For
each matter before an Appeals Hearing Officer the Planning Division shall keep and
maintain a permanent record file of all associated documents, recordings and papers
considered by the Appeals Hearing Officer and decisions issued thereby.
2. Permanent Record. These policies and procedures and all subsequent amendments
shall be recorded by the Planning Division in the permanent records of the Appeals
Hearing Officer and the current policies and procedures shall be posted on the City's
website.
Approved by:
Mic elaOktaV(Jun26,202413:38MDT) 06/26/2024
Michaela Oktay,Deputy Planning Director Date
06/26/2024
Blake Thomas,Community&Neighborhoods Director Date
Policies and Procedures—Salt Lake Appeals Hearing Officer
May 21,2024 Page 9
Appeals Hearing Officer Policies & Procedures
Final Audit Report 2024-06-26
Created: 2024-06-26
By: Aubrey Clark(aubrey.clark@slcgov.com)
Status: Signed
Transaction ID: CBJCHBCAABAA84rFjPXVoJh8YKvVT_y7uYcGvq_MzHu
"Appeals Hearing Officer Policies & Procedures" History
Document created by Aubrey Clark (aubrey.clark@slcgov.com)
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t�J Agreement completed.
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