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, 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;
9. Zoning map amendment.
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. 23-23, 2023)