21A.10.030: PUBLIC HEARING PROCEDURES:

A. Determination Of Completeness Of Application: After receipt of an application, the zoning administrator shall determine whether the application is complete. If the zoning administrator determines that the application is not complete, the zoning administrator shall notify the applicant in writing, specifying the deficiencies of the application, including any additional information which must be supplied and advising the applicant that no further action will be taken by the city on the application until the deficiencies are corrected.

B. Remedy Of Deficiencies: If the applicant fails to correct the specified deficiencies within thirty (30) days of the notification of deficiency, the application for development approval shall be deemed withdrawn and will be returned to the applicant. Application fees shall not be refunded.

C. Extensions Of Time: The zoning administrator, upon written request, may, for good cause shown and without any notice or hearing, grant extensions of any time limit imposed on an applicant or permittee by this title. An extension of time may also be granted by any body acting pursuant to this title unless this title expressly provides otherwise. The total period of time granted by such extension or extensions shall not exceed twice the length of the original period.

D. 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 payment of all fees established for providing the public notice required by section 2lA.10.020 of this chapter, in accordance with the consolidated fee schedule, including costs of mailing, preparation of mailing labels and all other costs relating to notification. (Ord. 23-23, 2023: Ord. 54-14, 2014: Ord. 58-13, 2013)

21A.10.015: PUBLIC ENGAGEMENT:

The purpose of the public engagement process is to inform the public of certain land use projects early in the process, provide a reasonable timeframe for feedback on a proposal, and establish a process to hear from the public prior to making a decision on a particular land use project.

A. Land Use Projects Subject to Public Engagement: The following are considered land use projects for purposes of this chapter and are subject to the public engagement process and requirements herein:

1. Request for an alley/street closure or vacation;

2. Amendments to Title 21A;

3. Conditional use applications;

4. Design review applications that are subject to review by the planning commission as provided in Chapter 21A.59;

5. Applications to demolish one or more landmark sites or contributing structures located within a local historic district;

6. Master plans, including amendments, to be adopted by the city council;

7. Requests for certificates of appropriateness required for new construction of principal structures, except for single family and two family dwellings;

8. Planned development applications that are subject to review by the planning commission as provided in Chapter 21A.55; and

9. Zoning map amendments.

B. Early Notification: The city shall provide notice of a land use project to the stakeholders identified in this subsection. The city shall provide at least forty-five (45) days, from the date the notice is sent, for the recipients of the notice to provide comment on the land use project before a final decision by the land use authority is made or, in the case of legislative matters, a recommendation is forwarded to the city council. No public hearing shall be held sooner than fourteen (14) days after the notice has been sent.

1. Stakeholders. The city will provide written notice of a land use project to the following:

a. Property owners and identifiable tenants within three hundred feet (300') of the subject property utilizing available information from Salt Lake City geographic information system records. City-wide zoning map or text amendments are exempt from this requirement.

b. Chair of the recognized community organization(s) in which the subject property is located and the chair of any other recognized community organization whose boundary is located within three hundred feet (300') of the subject property. In the case of city-wide zoning map or text amendments, the chairs of all recognized community organizations will receive a notice.

c. At the city's discretion, additional stakeholders may be noticed.

2. Content of Notice: The notice will generally describe:

a. The subject matter of the land use project,

b. The location of the land use project, if not city-wide,

c. How or where to obtain further information,

d. How or where to submit comments about the land use project, and

e. Identify the earliest date in which a final decision by the land use authority may be made or, in the case of legislative matters, a recommendation may be forwarded to the City Council and encourage any desired comments prior to that date.

3. Posting of Subject Property: If the land use project pertains to specific individual property, the applicant or petitioner of the land use project shall post a sign giving notice that the city is considering such land use project and direct the public to the city website where more information about the project can be obtained. The applicant or petitioner of the land use project shall post the sign on the subject property within seven (7) calendar days of receiving notice from the zoning administrator that the notices required under subsection 21A.10.015.B have been sent. The zoning administrator shall establish an approved template for the sign, review the proposed sign, and shall ensure that the city website is accurate. Once the sign approved by the zoning administrator is posted at the subject property by the applicant, the applicant or petitioner shall submit to the zoning administrator a time stamped photo or a notarized affidavit, meeting the requirements of Utah Code 78B-18-106, that verifies the sign was posted on the subject property in accordance with this section. An application is not deemed complete until the requisite photo or affidavit has been received by the zoning administrator in addition to all other requirements. The sign shall be posted at the subject property until the date identified in Subsection 21A.10.015.B.2.e. If the sign is removed for any reason prior to the date identified in Subsection 21A.10.015.B.2.e., the applicant or petitioner shall post a new sign as soon as practicable. The sign shall be removed upon final action by the land use authority or, in the case of legislative matters, once the City Council has voted on the land use project.

a. Location: One (1) sign shall be posted for each five hundred feet (500') of frontage, or portion thereof, along a public street. At least one (1) sign shall be posted along each public street. The sign(s) shall be located on the property subject to the application or petition and shall be set back no more than 10 feet from the front property line and shall be visible from the street. Where the land does not have frontage on a public street, signs shall be erected on the nearest street right-of-way with an attached notation indicating generally the direction and distance to the subject property.

4. Exemption from Early Notification Process: The following land use projects are exempt from the requirements set forth in Sections 21A.10.015.B.1-3 and 21A.10.015.C:

a. Amendments to Title 21A necessary to comply with state or federal legislation if the code amendments:

(1) Are subject to an adoption deadline or action date set forth in the legislation;

(2) Are related to funding city-related projects; or

(3) Are necessary for essential city functions.

b. A temporary land use regulation meeting the requirements of Utah Code Section 10-9a-504 or its successor provisions.

c. Amendments to Title 21A proposed to respond to a natural disaster or other emergency situation potentially affecting the safety or well-being of individuals.

d. Amendments to Title 21A to mitigate the city's exposure to liability where prompt action is reasonably necessary, as determined by the City Attorney.

e. Upon request by a land use applicant made pursuant to Utah Code Section 10-9a-509.5 or its successor provisions.

f. Any land use project where an existing federal or state law or regulation sets a deadline which requires a decision or action which would place the requirements of this chapter in direct conflict with the federal or state law.

C. Early Public Engagement Activity. After the city has provided notice as required under Subsection 21A.10.015.B, the city shall schedule and hold an early public engagement activity in accordance with this subsection. Recognized community organization meetings and outreach events are considered early public engagement activities.

1. Recognized Community Organization Meeting

a. If a land use project is located within the boundaries of a particular recognized community organization, the recognized community organization has fourteen (14) days from receiving notice of the land use project to notify the city's planning division as to whether the recognized organization will hold a meeting and provide comments.

b. If the chair of the recognized community organization does not respond to the notice from the city or does not schedule the item for a recognized community meeting within fourteen (14) days of when the notice of the land use project was sent, the city shall schedule the item for an outreach event.

2. Outreach Event:

a. The city may schedule an outreach event to educate, engage, and receive feedback on a land use project from the public. An outreach event will be held for a land use project when:

(1) A recognized community organization chair does not respond within fourteen (14) days of when the notice of the land use project was sent as to whether it wants to review the matter;

(2) The recognized community organization has informed the City that they will not hold a meeting prior to the date identified in 21A.10.015.B.2.e;

(3) The land use project is within six hundred feet (600') of the boundary of another recognized community organization;

(4) The land use project is within an area that has an overlapping boundary with another recognized community organization;

(5) The subject property is located west of 2200 West;

(6) The land use project is a master plan or master plan amendment that impacts multiple recognized organizations; or

(7) The land use project is a text amendment to Title 21A.

b. If the city schedules an outreach event under subsection 21A.10.015.C, the city will provide general public notice by posting notice on a city website. Additionally, the city will send notice of the outreach event specifically to the stakeholders identified in subsection 21A.10.015.B.1. Notices will be sent utilizing available information from Salt Lake City geographic information system records. The notice shall include information detailing the type of outreach event, how to participate, and the time and date of the outreach event. (Ord. 56-24, 2024: Ord. 23-23, 2023)

21A.10.020: PUBLIC HEARING NOTICE REQUIREMENTS:

A. Public Hearing Required: Where a public hearing is required by this Title, the following notice shall be required:

1. Mailing For Public Hearing: At least 12 calendar days before a public hearing, notice by first class mail shall be sent:

a. To all property owners and identifiable tenants located within three hundred feet (300') from the subject property line, or

b. To all property owners and identifiable tenants located within one thousand feet (1000') of the property subject to a land use application for a sexually-oriented business.

2. Notification To Recognized Organizations: At least twelve (12) days before a public hearing, the city shall send an e-mail notification or other form of written notification to any recognized community organization entitled to notice under 21A.10.015.B.1.

3. Contents Of Notice For Public Hearing: Notice for any public hearing required pursuant to this title shall generally describe the subject matter of the application and the date, time and place of the public hearing, and the place where such application or petition may be inspected by the public. The notice shall also advise that interested parties may appear at the public hearing and be heard with respect to the application or petition.

4. Posting For Public Hearing: At least 10 days before a public hearing, the land use applicant or petitioner shall post a sign approved by the zoning administrator at the subject property giving notice of the public hearing. The sign shall provide the date of the hearing and contact information for where any interested party may get more information. Once the sign is posted at the subject property, the applicant or petitioner shall submit to the zoning administrator a time stamped photo or a notarized affidavit, meeting the requirements of Utah Code 78B-18-106, that verifies the property was posted in accordance with this section.

a. Location: One (1) sign shall be posted for each five hundred feet (500') of frontage, or portion thereof, along a public street. At least one (1) sign shall be posted on each public street. The sign(s) shall be located on the property subject to the request or petition and shall be set back no more than ten feet (10') from the front property line and shall be visible from the street. Where the land does not have frontage on a public street, signs shall be erected on the nearest street right- of-way with an attached notation indicating generally the direction and distance to the subject land.

b. Removal: If the sign is removed through no fault of the applicant or petitioner, property owner, or, the city before the hearing, such removal shall not be deemed a failure to comply with the posting requirements or be grounds to challenge the validity of any decision made on the petition or application.

c. Exemption: The posting requirements of subsection 21A.10.020.A.4 shall not apply to applications for amendments involving an H Historic Preservation Overlay District, applications for an administrative certificate of appropriateness or applications for comprehensive rezonings of areas involving multiple parcels of land, including boundaries of a historic district, or for text amendments to this title.

B. Special Noticing Requirements for Administrative Approvals:

1. Notice of Application for Design Review and Planned Development:

a. Notification: At least twelve (12) days before a land use decision is made for an administrative design review application as authorized in Chapter 21A.59 of this title, or an administrative planned development as authorized by Chapter 21A.55 of this title, the planning director shall provide written notice to the following:

(1) All owners and identifiable tenants of the subject property, land abutting the subject property, and land located directly across the street from the subject property. In identifying the owners and tenants of the land the city shall use the Salt Lake City geographic information system records.

(2) Recognized community organization(s) in which the subject property is located.

b. Contents of the Notice of Application: The notice shall generally describe the subject matter of the application, where the public may review the application, the expected date when the planning director will authorize a final land use decision, and the procedures to appeal the land use decision.

c. End of Notification Period: If the planning director receives comments identifying concerns related to the design review application not complying with the requirements of Chapter 21A.59, or the planned development not complying with the requirements of Chapter 21A.55, the planning director may refer the matter to the planning commission for their review and decision on the application.

2. Notice of Application for Demolition of a Noncontributing Principal Structure Within An H Historic Preservation Overlay District: Prior to the approval of a certificate of appropriateness for demolition of a noncontributing principal structure, the city shall provide written notice by first class mail a minimum of twelve (12) calendar days in advance of the requested action to all owners of the land and tenants of abutting properties and those properties across the street from the subject property as shown on the Salt Lake City geographic information system records.

a. Contents of the Notice of Application: The mailing notice shall generally describe the subject property, include a vicinity map, include a photograph of the noncontributing structure, date of construction, historic status from the most recent historic survey on file or from a historic status determination, where the application can be inspected by the public, and the date when the planning director will issue a certificate of appropriateness for demolition.

3. Notice of Application for TSA Development Reviews: Prior to the approval of a development review score as authorized in Section 21A.26.078 of this title, the planning director shall provide written notice by first class mail a minimum of twelve (12) days in advance of the requested action to all abutting properties and those properties located across the street from the subject property, and to all property owners and tenants of the land subject to the application, as shown on the Salt Lake City geographic information system records.

a. Contents of the Mailing Notice of Application: The notice for mailing shall generally describe the subject matter of the application, the place where such application may be inspected by the public, the date when the planning director will authorize a final administrative decision, and include the procedures to appeal an administrative decision set forth in Chapter 21A.16 of this title. (Ord. 56-24, 2024: Ord. 67-23, 2023: Ord. 23-23, 2023: Ord. 14-19, 2019: Ord. 25-17, 2017: Ord. 10-16, 2016: Ord. 58-13, 2013)

21A.10.030: PUBLIC HEARING PROCEDURES:

A public hearing held pursuant to the provisions of this title shall comply with the following procedures:

A. Scheduling The Public Hearing: An application requiring a public hearing shall be scheduled to be heard within a reasonable time in light of the complexity of the application and available staff resources, and by the applicable public notice standards under this title or such time as is mutually agreed upon between the applicant and the decision making body.

B. Examination And Copying Of Application And Other Documents: Upon reasonable request, and during normal business hours, any person may examine an application and materials submitted in support of or in opposition to an application in the appropriate City office. Copies of such materials shall be made available at reasonable cost.

C. Conduct Of Public Hearing:

1. Rights Of All Persons: Any person may appear at a public hearing and submit evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing shall be identified, state an address, and if appearing on behalf of a person or an organization, state the name and mailing address of the person or organization being represented.

2. Exclusion Of Testimony: The body conducting the public hearing may exclude testimony or evidence that it finds to be irrelevant, immaterial, unduly repetitious, or otherwise inadmissible.

3. Proffers Of Testimony: In the event any testimony or evidence is excluded as irrelevant, immaterial or unduly repetitious, the person offering such testimony or evidence shall have an opportunity to offer a proffer in regard to such testimony or evidence for the record. Such proffer shall be made at the public hearing.

4. Continuance Of Public Hearing: The body or officer conducting the public hearing may, upon the body's or officer's own motion, continue the public hearing or meeting to a fixed date, time and place. Two-thirds (2/3) of the voting members present at the hearing or meeting at which a quorum is present shall be required for a continuance, unless it is an administrative hearing. An applicant may request and be granted one continuance; however, all subsequent continuances shall be granted at the discretion of the body or officer conducting the public hearing only upon good cause shown.

D. Withdrawal Of Application: An applicant may withdraw an application at any time prior to the action on the application by the decision making body or officer. Application fees, however, shall not be refundable if a staff report on the application has already been prepared or notice of a public hearing on the application has already been mailed, posted or published pursuant to the provisions of section 21A.10.020 of this chapter.

E. Record Of Public Hearing Or Meeting:

1. Recording Of Public Hearing: Except where required otherwise by statute, the body or officer conducting the public hearing shall record the public hearing by any appropriate means. A copy of the public hearing record may be acquired upon request to the Zoning Administrator and payment of a fee to cover the cost of duplication of the record.

2. The Record: The minutes, tape recordings, all applications, exhibits, papers and reports submitted in any proceeding before the decision making body or officer, and the decision of the decision making body or officer shall constitute the record.

3. Location Of Record And Inspection: All records of decision making bodies or officers shall be public records, open for inspection at the offices of the decision making body or officer during normal business hours and upon reasonable request.

F. General Procedures For Findings And Decisions:

1. General: Action shall be taken in compliance with any time limits established in this title and as promptly as possible in consideration of the interests of the citizens of Salt Lake City and the applicant, and shall include a clear statement of approval, approval with conditions or disapproval.

2. Findings: Except for the City Council, whose decision shall be made by motion or ordinance as appropriate, all decisions shall be in writing and shall include at least the following elements:

a. A summary of the information presented before the decision making body or officer;

b. A summary of all documentary evidence submitted into the record to the decision making body or officer and which the decision making body or officer considered in making the decision;

c. A statement of the general purpose of this title, the specific purpose of the district where the use is or would be located, and the standards relevant to the application;

d. A statement of specific findings of fact or other factors considered, whichever is appropriate, and a statement of the basis upon which such facts were determined, with specific reference to the relevant standards set forth in this title; and

e. A statement of approval, approval with conditions or disapproval.

G. Notification: The record of decision notifying the applicant of the decision of the decision making body or officer shall be sent within ten (10) days of the decision. A copy of the decision shall also be made available to the applicant at the offices of the decision making body or officer during normal business hours, within a reasonable period of time after the decision. The date of the record of decision will begin the permitted time frame for an appeal of the decision making body. (Ord. 69-09 § 5, 2009)

Disclaimer: Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the printed copy. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

Back to Code Library

Previous Doc

Next Doc