Salt Lake City City Zoning Code
PART II
ADMINISTRATION AND ENFORCEMENT
CHAPTER 21A.14 ROUTINE AND UNCONTESTED MATTERS
(Rep. by Ord. 73-11, 2011)
21A.06.010: SUMMARY OF AUTHORITY:
The City decision making bodies and officials described in this chapter, without limitation upon such authority as each may possess by law, have responsibility for implementing and administering this title in the manner described in sections 21A.06.020 through 21A.06.090 of this chapter. Other City departments also have specific responsibilities related to this title and are identified in the appropriate sections. (Ord. 56-18, 2018: Ord. 48-18, 2018: Ord. 26-95 § 2(3-1), 1995)
21A.06.020: CITY COUNCIL; JURISDICTION AND AUTHORITY:
The City Council has the following powers and duties in connection with the implementation of this title:
A. Adopt, amend or reject a proposed general plan for all or part of the area within the City;
B. Initiate amendments to the text of this title and to the zoning map pursuant to the provisions of section 21A.50.020 of this title;
C. Consider and adopt, reject or modify amendments to the text of this title and to the zoning map pursuant to the provisions of sections 21A.50.030 and 21A.50.040 of this title;
D. Establish a fee schedule for applications for a zoning certificate, zoning amendments, special approvals and any other type of approval required by the provisions of this title; and
E. Take such other actions which are legislative in nature and which are not delegated to other bodies which may be desirable and necessary to implement the provisions of this title. (Ord. 83-96 § 1, 1996: Ord. 26-95 § 2(3-2), 1995)
21A.06.030: PLANNING COMMISSION:
A. General Provisions: The provisions of title 2, chapter 2.07 of this Code shall apply to the Planning Commission except as otherwise set forth in this section.
B. Creation: The Planning Commission is created pursuant to the enabling authority granted by the Municipal Land Use Development and Management Act of the Utah Code.
C. Jurisdiction And Authority: The Planning Commission shall have the following powers and duties in connection with the implementation of this title:
1. Prepare and recommend to the City Council for adoption, a comprehensive, general plan and amendments to the general plan for the present and future needs of the City and the growth and development of the land within the City or any part of the City;
2. Make comprehensive surveys and studies of the existing conditions and trends of growth and of the probable future requirements of the City and its residents as part of the preparation of the general plan;
3. Initiate amendments to the text of this title and to the zoning map pursuant to the provisions of chapter 21A.50 of this title;
4. Review, evaluate and make recommendations to the City Council on proposed amendments to this title pursuant to the procedures and standards set forth in chapter 21A.50 of this title;
5. Review, hear and decide applications for conditional uses, including planned developments, pursuant to the procedures and standards set forth in chapters 21A.54, "Conditional Uses", 21A.55, "Planned Developments", and 21A.59, "Design Review", of this title;
6. Hear and decide appeals from administrative hearing decisions of the Planning Director;
7. Hear and decide applications for subdivision amendments and approvals pursuant to the Municipal Land Use Development and Management Act, title 10, chapter 9a of the Utah Code; and
8. Authorize special exceptions to the terms of this title pursuant to the procedures and standards set forth in chapter 21A.52, "Special Exceptions", of this title.
D. Membership: The Planning Commission shall consist of least five (5) and up to eleven (11) voting members, appointed from among qualified electors of the City in a manner providing balanced geographic, professional, neighborhood and community interests representation.
1. The Director of the Planning Division (or the Planning Director's designated representative) shall serve as an ex officio member without vote.
2. Appointment to a position created by any vacancy shall not be included in the determination of any person's eligibility to serve two (2) consecutive full terms.
E. Meetings: The Planning Commission shall meet at least once each month.
F. Commission Action: A simple majority of the voting members present at the meeting at which a quorum is present shall be required for any action taken. The decision of the Planning Commission shall become effective upon the posting of the record of decision.
G. Public Hearings: The Planning Commission shall schedule and give public notice of all public hearings pursuant to the provisions of chapter 21A.10, "General Application And Public Hearing Procedures", of this title.
H. Conflicts Of Interest: The Planning Commission may, by majority vote of the members present, allow a member, otherwise required to leave due to a conflict, to be present if required by special or unusual circumstances.
I. Removal Of A Member: Any member of the Planning Commission may be removed by the Mayor for violation of this title or any policies and procedures adopted by the Planning Commission following receipt by the Mayor of a written complaint filed against the member. If requested by the member, the Mayor shall provide the member with a public hearing conducted by a Hearing Officer appointed by the Mayor.
J. Policies And Procedures: The Planning Commission shall adopt policies and procedures for the conduct of its meetings, the processing of applications and for any other purposes considered necessary for its proper functioning. (Ord. 40-24, 2024: Ord. 14-19, 2019: Ord. 10-16, 2016: Ord. 56-14, 2014)
21A.06.040: APPEALS HEARING OFFICER:
A. Creation: The position of appeals hearing officer is created pursuant to the enabling authority granted by the Municipal Land Use, Development, and Management Act, Section 10-9a-701 of the Utah Code.
B. Jurisdiction and Authority: The appeals hearing officer shall have the following powers and duties in connection with the implementation of this title:
1. Hear and decide appeals from any administrative decision made by the zoning administrator in the administration or the enforcement of this title pursuant to the procedures and standards set forth in Chapter 21A.16, "Appeals of Administrative Decisions", of this title;
2. Authorize variances from the terms of this title pursuant to the procedures and standards set forth in Chapter 21A.18, "Variances", of this title;
3. Hear and decide appeals of any decision made by the historic landmark commission, or the planning director in the case of administrative decisions, pursuant to the procedures and standards set forth in Section 21A.34.020, "H Historic Preservation Overlay District", of this title;
4. Hear and decide appeals from decisions made by the planning commission concerning subdivisions or subdivision amendments pursuant to the procedures and standards set forth in title 20, "Subdivisions and Condominiums", of this code; and
5. Hear and decide appeals from administrative decisions made by the planning commission pursuant to the procedures and standards set forth in this title.
C. Qualifications: The appeals hearing officer shall be appointed by the mayor with the advice and consent of the city council. The mayor may appoint more than one appeals hearing officer, but only one appeals hearing officer shall consider and decide upon any matter properly presented for appeals hearing officer review. The appeals hearing officer shall be appointed to a term of five (5) years and may serve continuous consecutive terms upon reappointment. The appeals hearing officer shall either be law trained or have significant experience with land use laws and the requirements and operations of administrative hearing processes.
D. Conflict of Interest: The appeals hearing officer shall not participate in any appeal in which the appeals hearing officer has a conflict of interest prohibited by Title 2, Chapter 2.44 of this code.
E. Removal of The Appeals Hearing Officer: The appeals hearing officer may be removed by the mayor for violation of this title or any policies and procedures adopted by the planning director following receipt by the mayor of a written complaint filed against the appeals hearing officer. If requested by the appeals hearing officer, the mayor shall provide the appeals hearing officer with a public hearing conducted by a hearing officer appointed by the mayor. (Ord. 40-24, 2024: Ord. 67-23, 2023: Ord. 7-14, 2014: Ord. 61-12, 2012)
21A.06.050: HISTORIC LANDMARK COMMISSION:
A. General Provisions: The provisions of Title 2, Chapter 2.07 of this code shall apply to the historic landmark commission except as otherwise set forth in this section.
B. Creation: The historic landmark commission was created pursuant to the enabling authority granted by the Historic District Act, Section 11-18-1 et seq., of the Utah Code (repealed), and continues under the authority of Utah Code Section 10-8-85.9 and the Land Use Development and Management Act, Utah Code Chapter 10-9a.
C. Jurisdiction and Authority: The historic landmark commission shall:
1. Review and approve or deny an application for a certificate of appropriateness pursuant to the provisions of Chapter 21A.34 of this title;
2. Participate in public education programs to increase public awareness of the value of historic, architectural and cultural preservation; Communicate the benefits of historic preservation for the education, prosperity, and general welfare of residents, visitors and tourists;
3. Review and approve or deny applications for the demolition of contributing principal structures in the H Historic Preservation Overlay District pursuant to Chapter 21A.34 of this title;
4. Review designations, amendments to and boundaries of a local historic district, thematic designation and landmark sites, and make a recommendation to the planning commission and the city council;
5. Make recommendations on applications for zoning amendments involving properties within the H Historic Preservation Overlay District when requested by the applicant, planning director, planning commission or the city council;
6. Review and approve or deny certain modifications to dimensional standards for properties located within an H Historic Preservation Overlay District. This authority is also granted to the planning director or designee for applications within the H Historic Preservation Overlay District that are eligible for an administrative decision by the planning director or zoning administrator. The certain modifications to zoning district specific development standards are listed as follows and are in addition to any modification authorized elsewhere in this title:
a. Overall building and accessory structure height;
b. Building and accessory structure wall height;
c. Accessory structure square footage;
d. Fence and retaining wall height;
e. Signs pursuant to Section 21A.46.070 of this title; and
f. Any modification to bulk and lot regulations, except density, of the underlying zoning district where it is found that the proposal complies with the applicable standards identified in Section 21A.34.020 and is compatible with the surrounding historic structures;
7. Make recommendations to the planning commission in connection with the preparation of the general plan of the city;
8. Make recommendations to the city council on design guidelines, policies and ordinances that may encourage preservation of buildings and related structures of historical and architectural significance;
9. Review historic resource surveys for designations and all subsequent updates and make recommendations to the planning commission and the city council;
10. Review National Register of Historic Places nominations or amendments and make a recommendation to the Utah Board of State History; and
11. Recommend to the city council development of incentive programs, either public or private, to encourage the preservation of the city's historic resources.
D. Membership: The historic landmark commission shall consist of at least five (5) and up to eleven (11) voting members appointed in a manner providing balanced geographic, professional, neighborhood and community interests representation.
1. The planning director (or the planning director's designated representative) shall serve as an ex officio member without vote.
2. Appointment to a position created by any vacancy shall not be included in the determination of any person's eligibility to serve two (2) consecutive full terms.
E. Qualifications of Members: Each voting member shall be a resident of the city interested in preservation and knowledgeable about the heritage of the city. Members shall be selected so as to ideally provide representation from the following groups of experts and interested parties whenever a qualified candidate exists:
1. At least two (2) architects, and
2. Residents at large possessing preservation related experience in archaeology, architecture, architectural history, construction, history, folk studies, law, public history, real estate, real estate appraisal, or urban planning.
F. Meetings: The historic landmark commission shall meet at least once per month or as needed.
G. Commission Action: A simple majority of the voting members present at a meeting at which a quorum is present shall be required for any action taken.
H. Public Hearings: The historic landmark commission shall schedule and give public notice of all public hearings pursuant to the provisions of Chapter 21A.10 of this title.
I. Removal of a Member: Any member of the historic landmark commission may be removed by the mayor for violation of this title or any policies and procedures adopted by the historic landmark commission following receipt by the mayor of a written complaint filed against the member.
J. Policies and Procedures: The historic landmark commission shall adopt policies and procedures for the conduct of its meetings, the processing of applications and for any other purposes considered necessary for its proper functioning. (Ord. 40-24, 2024: Ord. 67-23, 2023: Ord. 64-21, 2021: Ord. 56-14, 2014)
21A.06.060: ZONING ADMINISTRATOR:
Primary responsibility for administering and enforcing this title shall be delegated to the planning official. Except as otherwise specifically provided in this title, the Director may designate a staff person or staff persons in the division to carry out these responsibilities. The staff person(s) to whom such administrative and enforcement functions are assigned shall be referred to in this title as the "Zoning Administrator". (Ord. 61-11, 2011)
21A.06.070: DEVELOPMENT REVIEW TEAM (DRT):
The development review team shall consist of a designated representative from all City departments and/or divisions involved in the development review/approval process, including, but not limited to, the Department of Community and Neighborhoods, the Department of Public Services, the Police Department, the Fire Department and the Department of Public Utilities, and shall be responsible for advising the Zoning Administrator in the Zoning Administrator's administration of the site plan review process pursuant to the provisions of chapter 21A.58 of this title. (Ord. 49-16, 2016)
21A.06.090: FINES HEARING OFFICER:
A. Creation: The position of fines hearing officer is created pursuant to the enabling authority granted by the Municipal Land Use, Development, and Management Act, Section 10-9a-701 of the Utah Code.
B. Jurisdiction And Authority: The fines hearing officer shall have the powers and duties set forth in Chapter 21A.20 of this title and Subsections 18.48.100.E and 18.48.100.F.
C. Qualifications: The fines hearing officer shall be appointed by the mayor with the advice and consent of the city council. The mayor may appoint more than one fines hearing officer, but only one fines hearing officer shall consider and decide upon any matter properly presented for fines hearing officer review pursuant to Chapter 21A.20 of this title or Subsections 18.48.100.E and 18.48.100.F as the case may be. The fines hearing officer may serve terms of four (4) years each, which may be renewed at the mayor's discretion. The fines hearing officer shall either be law trained or have significant experience with the requirements and operations of administrative hearing processes.
D. Conflict Of Interest: The fines hearing officer shall not participate in any appeal in which the fines hearing officer has a conflict of interest prohibited by Title 2, Chapter 2.44 of this code.
E. Removal of The Fines Hearing Officer: The fines hearing officer may be removed by the mayor for violation of this title, any relevant policies and procedures or any relevant provision of state law following receipt by the mayor of a written complaint filed against the fines hearing officer. If requested by the fines hearing officer, the mayor shall provide the fines hearing officer with a public hearing conducted by a hearing officer appointed by the mayor. (Ord. 53-20, 2020: Ord. 56-18, 2018)
21A.08.010: PURPOSE STATEMENT:
The zoning certificate serves two (2) general purposes. First, it provides a means to document the review of plans for conformance with this title. Second, because the certificate must be filed along with all other applications submitted in connection with a specific development proposal, it provides an ongoing record of actions taken with respect to the authorized use of a particular parcel or site. Because the certificate serves as a vehicle for routine plan review by the zoning administrator prior to special reviews by other decision making bodies, it avoids needless special reviews of incomplete plans. (Ord. 62-09 § 10, 2009)
21A.08.020: AUTHORITY TO ISSUE ZONING CERTIFICATE:
The zoning administrator shall have authority to issue zoning certificates, but only in accordance with the provisions of this chapter. (Ord. 62-09 § 10, 2009)
21A.08.030: ZONING CERTIFICATE REQUIREMENT:
Except as otherwise expressly required herein upon April 12, 1995, a zoning certificate shall be required for the following:
A. Building Permit: Any new principal building development activity requiring a building permit.
B. Change Of Land Use Type: Any change of land use type.
C. Increased Parking Or Landscaping Requirements: Any modification to a property or development that requires an increase in parking or landscaping requirements. (Ord. 62-09 § 10, 2009)
21A.08.040: APPLICATION FOR ZONING CERTIFICATE:
Application for a zoning certificate may be made only by the owner of the property or building or the property owner's authorized agent for which the zoning certificate is sought. The application shall be made to the zoning administrator on a form or forms provided by the office of the zoning administrator. A record of all zoning certificates issued shall be kept on file in the office of the zoning administrator.
A. Application Requirements For Building Permits Or Change In Land Use Type: Each application for a zoning certificate for any new principal building permit, an increased parking requirement, an increased landscaping requirement or change of land use type shall be accompanied by the following:
1. A statement describing:
a. The type of structure containing the use, if any,
b. The exact nature of the most recent use of such structure or lot,
c. The exact nature of the proposed use of the structure or lot, and
d. The number of off street parking and loading spaces currently provided on the zoning lot;
2. A site plan, drawn to scale and fully dimensioned, including:
a. The topography, actual shape and dimensions of the lots to be built upon or used,
b. The exact size and location on the lot of the existing and proposed buildings, structures, and accessory buildings,
c. The existing and intended use of each building or part of a building,
d. The number of dwelling units the building is designed to accommodate,
e. The number and location of off street parking stalls to be provided,
f. The location and design of loading docks and facilities, and
g. Such other information with regard to the lot and neighboring lots as may be necessary for the enforcement of this title. (Ord. 62-09 § 10, 2009)
21A.08.050: WAIVER OF REQUIREMENTS:
The zoning administrator shall waive any or all of the submittal requirements of section 21A.08.040 of this chapter, if information necessary to create a zoning certificate exists in existing city records including, but not limited to, building permit, business licensing, appeals hearing officer records, and board of adjustment records. (Ord. 8-12, 2012)
21A.08.060: REVOCATION OF ZONING CERTIFICATE:
A. Authority: A zoning certificate may be revoked by the zoning administrator in accordance with the provisions of this section, if the recipient of the certificate fails to develop or maintain the property in accordance with the plans submitted, the requirements of this title, or any additional requirements lawfully imposed in connection with the issuance of the zoning certificate.
B. Notice: Before a zoning certificate may be revoked, written notice of the decision to revoke shall be given to the certificate holder. The notice shall inform the certificate holder of the grounds for the revocation and advise the certificate holder that the revocation shall be effective thirty (30) days from the date of the notice unless before the revocation date, the certificate holder either: 1) demonstrates to the satisfaction of the zoning administrator compliance with the requirements of the zoning certificate; or 2) files an appeal of the zoning administrator's decision to revoke pursuant to subsection D of this section.
C. Effect Of Revocation: No person may continue to make use of land or buildings in the manner authorized by any zoning certificate after such certificate has been revoked in accordance with this section.
D. Appeal: Any person adversely affected by a final decision of the zoning administrator to revoke a zoning certificate may appeal to the appeals hearing officer in accordance with the provisions of chapter 21A.16 of this title. (Ord. 8-12, 2012: Ord. 26-95 § 2(4-6), 1995)
21A.10.010: GENERAL APPLICATION PROCEDURES:
All applications required by the provisions of this title shall be processed in accordance with the following 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. General Plan and zoning amendments identified in Subsection 21A.10.020.A that do not require mailed notice are exempt from the written notice 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. 47A-25, 2025: 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 twelve (12) calendar days before a public hearing, 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.
c. Mailed notice is not required for early notification requirements in Section 21A.10.015, city initiated map amendments, or for text amendments unless the text amendment has a designated geographic area. For the purpose of determining if mailed notice is required, the following shall be used to determine if an amendment has a designated geographic area:
(1) Text amendments submitted by property owners that identify specific properties are considered to have a designated geographic area.
(2) Text amendments that modify land use regulations of multiple zoning districts are not considered to have a designated geographic area.
(3) Text amendments that modify land use regulations that apply generally to properties in the city, regardless of the underlying zoning district, do not have a designated geographic area. This includes amendments to process requirements, amendments to the regulations related to the administration or enforcement of this title, changes to names of zoning districts names that necessitate changing the names of zoning districts on the zoning map, and other similar types of text amendments.
(4) Any petition or application that would be categorized as ministerial in Utah Code 10-9a are not considered to have a designated geographic area.
(5) General Plan, whether new or amended. and zoning map amendments that are initiated by the city pursuant to Chapter 21A.50 are not considered to have a designated geographic area.
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. (Ord. 47A-25, 2025: 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)
21A.12.010: PURPOSE STATEMENT:
The interpretation authority established by this chapter is intended to recognize that the provisions of this title, though detailed and extensive, cannot, as a practical matter, address every specific situation to which these provisions may have to be applied. Many of these situations can be resolved or clarified by interpreting the specific provisions of this title in light of the general and specific purposes for which those provisions were enacted. This interpretation authority is administrative rather than legislative. It is intended only to allow authoritative application of the provisions of this title to specific cases. It is not intended to add to or change the essential content of this title. (Ord. 26-95 § 2(6-1), 1995)
21A.12.020: SCOPE OF ZONING ADMINISTRATOR AUTHORITY:
The zoning administrator, subject to the procedures, standards and limitations of this chapter, may render interpretations, including use interpretations, of the provisions of this title and of any rule or regulation issued pursuant to it. (Ord. 26-95 § 2(6-2), 1995)
21A.12.030: PERSONS ENTITLED TO SEEK INTERPRETATIONS:
Applications for interpretations may be filed only by a property owner having need for an interpretation or by the property owner's authorized agent. (Ord. 26-95 § 2(6-3), 1995)
21A.12.040: PROCEDURES:
A. Application: An application for an interpretation of this title shall be filed on a form provided by the zoning administrator and shall contain at least the following information:
1. Provisions: The specific provision or provisions of this title for which an interpretation is sought;
2. Facts: The facts of the specific situation giving rise to the request for an interpretation;
3. Interpretation: The precise interpretation claimed by the applicant to be correct;
4. Statement: When a use interpretation is sought, a statement of what use permitted under the current zoning classification of the property that the applicant claims either includes the proposed use, or is most similar to the proposed use; and
5. Evidence: When a use interpretation is sought, documents, statements, and other evidence demonstrating that the proposed use will comply with all use limitations established for the district in which it is proposed to be located.
6. Fees: Nonrefundable fees shown on the Salt Lake City consolidated fee schedule shall accompany the application.
B. Action On Application: The zoning administrator shall send the zoning administrator's written interpretation to the applicant stating any specific precedent or other reasons, or analysis upon which the determination is based.
C. Records: A record of decisions on all applications for interpretations of this title shall be kept on file in the office of the zoning administrator.
D. Appeal: Any person adversely affected by a final decision made by the zoning administrator interpreting a provision of this title may appeal to the appeals hearing officer in accordance with the provisions of chapter 21A.16 of this title. (Ord. 23-23, 2023: Ord. 8-12, 2012: Ord. 62-11, 2011: Ord. 24-11, 2011)
21A.12.050: STANDARDS FOR USE INTERPRETATIONS:
The following standards shall govern the zoning administrator, and the appeals hearing officer on appeals from the zoning administrator, in issuing use interpretations:
A. Any use defined in chapter 21A.62 of this title, shall be interpreted as defined;
B. Any use specifically listed without a "P" or "C" designated in the table of permitted and conditional uses for a district shall not be allowed in that zoning district;
C. No use interpretation shall allow a proposed use in a district unless evidence is presented demonstrating that the proposed use will comply with the development standards established for that particular district;
D. No use interpretation shall allow any use in a particular district unless such use is substantially similar to the uses allowed in that district and is more similar to such uses than to uses allowed in a less restrictive district;
E. If the proposed use is most similar to a conditional use authorized in the district in which it is proposed to be located, any use interpretation allowing such use shall require that it may be approved only as a conditional use pursuant to chapter 21A.54 of this title; and
F. No use interpretation shall permit the establishment of any use that would be inconsistent with the statement of purpose of that zoning district. (Ord. 8-12, 2012)
21A.12.060: EFFECT OF USE INTERPRETATIONS:
A use interpretation 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, a certificate of occupancy, subdivision approval, and site plan approval. (Ord. 26-95 § 2(6-6), 1995)
21A.12.070: LIMITATIONS ON USE INTERPRETATIONS:
A use interpretation finding a particular use to be a permitted use or a conditional use in a particular district shall be deemed to authorize only that particular use in the district and such use interpretation shall not be deemed to authorize any other allegedly similar use for which a separate use interpretation has not been issued. (Ord. 26-95 § 2(6-7), 1995)
21A.16.010: AUTHORITY:
A. Title 21A Appeals, Applications and Determinations: As described in section 21A.06.040 of this title, the appeals hearing officer shall hear and decide or make determinations regarding:
1. Appeals alleging an error in any administrative decision made by the zoning administrator, the planning commission or the historic landmark commission involving the application, administration, enforcement or compliance with Title 21A of this code;
2. Appeals from decisions made by the planning commission concerning subdivisions or subdivision amendments pursuant to the procedures and standards set forth in Title 20 of this code;
3. Applications for variances as per chapter 21A.18 of this title;
4. The existence, expansion or modification of nonconforming uses and noncomplying structures pursuant to the procedures and standards set forth in chapter 21A.38, "Nonconforming Uses and Noncomplying Structures", of this title; and
5. Any other matter involving application, administration or enforcement of this code where specifically authorized by a provision of this code.
B. State and Federal Law: The appeals hearing officer shall not hear and decide or make determinations regarding any of the following:
1. Appeals alleging an error in the application, administration, enforcement or compliance with a provision of state or federal law, including but not limited to provisions of state and federal statutes, state and federal constitutions and state and federal common law;
2. Appeals alleging a violation of state law or federal law, including but not limited to provisions of state and federal statutes, state and federal constitutions and state and federal common law;
3. Appeals requesting legal or equitable remedies available under state or federal law.
An appeal seeking the determinations identified in this subsection must be made directly to the district court, as provided for in Utah code section 10-9a-701(4)(e) or its successor.
C. Requirement to Disclose: An appeal that alleges one or more claims that the hearing officer has authority to hear and decide must include every theory of relief that can be presented in district court, including theories the hearing officer does not have authority to hear and decide.
D. Mixed Appeals: When an appeal alleges one or more claims that the hearing officer has authority to hear and decide and one or more claims that the hearing officer does not have authority to hear and decide, the appeals hearing officer shall hear and decide only the claims the hearing officer has the authority to hear and decide. The claims the hearing officer does not have authority to hear and decide may be brought in district court on conclusion and exhaustion of all remedies available for the claims the hearing officer has authority to hear and decide. (Ord. 48-21, 2021: Ord. 5-20, 2020)
21A.16.020: PARTIES ENTITLED TO APPEAL:
An applicant, a board or officer of the municipality, or an adversely affected party, as that term is defined by Utah code section 10-9a-103 or its successor, may appeal to the appeals hearing officer. (Ord. 48-21, 2021: Ord. 5-20, 2020)
21A.16.030: PROCEDURE:
Appeals of administrative decisions by the zoning administrator, historic landmark commission or planning commission shall be taken in accordance with the following procedures:
A. Form: The appeal shall be filed using an application form provided by the zoning administrator. To be considered complete, the application must include all information required on the application, including but not limited to identification of the decision appealed, the alleged error made in connection with the decision being appealed, and the reasons the appellant claims the decision to be in error. Incomplete applications will not be accepted.
B. Filing: The application must be submitted as indicated on the form by the applicable deadline, together with all applicable fees.
C. Time for Filing an Appeal: The deadlines for filing a complete application for appeal are:
1. Administrative decisions made by the zoning administrator: ten (10) days;
2. Planning commission decisions: ten (10) days;
3. Historic landmark commission: thirty (30) days for appeals filed by the applicant, ten (10) days for appeals filed by any other party entitled to appeal.
D. Fees: The application shall be accompanied by the following fees:
1. The applicable fees shown on the Salt Lake City consolidated fee schedule; and
2. The fees established for providing the public notice required by chapter 21A.10 of this title.
All fees are due at the time of filing the appeal. An appeal will not be considered complete until all applicable fees are paid.
E. No Automatic Stay: Filing an appeal with a hearing officer does not stay the decision appealed, unless a provision of this code specifically states otherwise.
F. Requesting a Stay: The hearing officer may grant a request filed by the Appellant, Respondent, or any other party to the appeal, to stay a decision of the zoning administrator, planning commission or historic landmark commission for a specified period of time or until the appeals hearing officer issues a decision, if the requesting party can show a stay is necessary to prevent substantial harm to the requesting party. No request is required, if a provision of this code imposes an automatic stay on the filing of an appeal with a hearing officer. If a stay is requested, the hearing officer shall make reasonable efforts to determine whether a stay is appropriate within ten (10) days of the appeal being deemed complete. If the hearing officer does not decide a request for a stay within ten (10) days of the appeal being deemed complete, the request shall be presumed denied. No stay will be authorized for incomplete appeals or appeals filed after the appeal deadline.
G. Notice Required:
1. Public Meeting: Appeals are based on evidence in the record. Therefore, testimony at the appeal meeting shall be limited to the appellant and the respondent.
a. Upon receipt of an appeal, the planning director shall coordinate with the appellant and respondent to schedule a date for the public meeting. The date shall be far enough in advance to provide all parties adequate time to respond to the appeal. Notification of the date, time and place of the meeting shall be given to the appellant and respondent a minimum of twelve (12) calendar days in advance of the meeting.
b. The city shall send notice of the public meeting following the notice procedure for a public hearing found in chapter 21A.10 of this title.
H. Time Limitation: All appeals shall be heard within one hundred eighty (180) days of the filing of the appeal unless more time is agreed to by the appellant, the respondent, and the city. Appeals not heard within this time frame will be considered void and withdrawn by the appellant.
I. Standard of Review:
1. The standard of review for an appeal of an administrative decision shall be de novo. The appeals hearing officer shall review the matter appealed anew, based upon applicable procedures and standards for approval, and shall give no deference to the decision below. For appeals of administrative decisions, written comments may be submitted by 5:00 p.m. the day prior to the public meeting.
2. An appeal from a decision of the historic landmark commission or planning commission shall be based on the record made below.
a. No new evidence shall be heard by the appeals hearing officer unless such evidence was improperly excluded from consideration below.
b. The appeals hearing officer shall review the decision based upon applicable standards and shall determine its correctness.
c. The appeals hearing officer shall uphold the decision unless it is not supported by substantial evidence in the record or it violates a law, statute, or ordinance in effect when the decision was made.
J. Burden of Proof: The appellant has the burden of proving the decision appealed is incorrect.
K. Action by the Appeals Hearing Officer: The appeals hearing officer shall render a written decision on the appeal. Such decision may reverse or affirm, wholly or in part, refer the matter back to the decision marking body, or may modify the administrative decision. A decision shall become effective on the date the decision is rendered.
L. Notification of Decision: Notification of the decision of the appeals hearing officer shall be sent to all parties to the appeal within ten (10) days of the decision.
M. Record of Proceedings: The proceedings of each appeal hearing shall be recorded. Recordings shall be retained by the planning division for a period that is consistent with city retention policies and any applicable retention requirement set forth in state law.
N. Policies and Procedures: The planning director shall adopt policies and procedures, consistent with the provisions of this section, for processing appeals, the conduct of an appeal hearing, and for any other purpose considered necessary to properly consider an appeal.
O. Matters Delayed: For all matters delayed by the appeals hearing officer, any subsequent written materials shall be submitted a minimum of fourteen (14) days prior to the rescheduled meeting date. (Ord. 46-25, 2025: Ord. 23-23, 2023: Ord. 48-21, 2021: Ord. 5-20, 2020)
21A.16.040: APPEAL OF DECISION:
Any person adversely affected by a final decision made by the appeals hearing officer may file a petition for review of the decision with the district court within thirty (30) days after the decision is rendered. (Ord. 48-21, 2021: Ord. 5-20, 2020)
21A.16.050: STAY OF DECISION:
The filing of a petition in district court does not stay the final decision of the appeals hearing officer. A final decision of an appeals hearing officer may be stayed as provided for under Utah code section 10-9a-801(9)(b) or its successor. (Ord. 48-21, 2021: Ord. 5-20, 2020)
21A.18.010: PURPOSE STATEMENT:
The variance procedures are intended to provide a narrowly circumscribed means by which relief may be granted from unforeseen particular applications of this title that create unreasonable hardships. When such hardships may be more appropriately remedied, if at all, pursuant to other provisions of this title, the variance procedure is inappropriate. (Ord. 26-95 § 2(9-1), 1995)
21A.18.020: AUTHORITY:
As described in section 21A.06.040 of this title, the appeals hearing officer may grant variances from the provisions of this title only in compliance with the procedures set forth in section 21A.18.040 of this chapter and only in accordance with each of the standards enumerated in section 21A.18.060 of this chapter. (Ord. 8-12, 2012)
21A.18.030: PARTIES ENTITLED TO SEEK VARIANCES:
Applications for variances may be filed by an owner of the property affected or by the property owner's authorized agent. All applications for variances shall be filed on forms approved by the zoning administrator. (Ord. 26-95 § 2(9-3), 1995)
21A.18.040: PROCEDURES:
A. Application: An application for a variance shall be filed with the zoning administrator and shall include the following items and information unless determined inapplicable by the zoning administrator:
1. Written Information:
a. The property owner's name and address and the owner's signed consent to the filing of the application;
b. The applicant's name and address, if different than the owner, and the applicant's interest in the subject property;
c. The names and addresses of all professional consultants, if any, advising the applicant with respect to the application;
d. The address and legal description of the subject property;
e. Sidwell map numbers identifying the property; and
f. Noticing and posting requirements shall be met as specified in chapter 21A.10 of this title.
2. Graphic Information:
a. A site plan drawn to scale identifying all property lines, structures, including primary and accessory structures, fences, right of way, and their respective distances from the property lines;
b. An elevation drawing to scale showing all elevations of existing and proposed structures;
c. When the variance involves building height a streetscape plan showing the height of the buildings on both sides of the street to the nearest intersection;
d. When the variance involves grade changes, a topographical drawing prepared by a licensed surveyor shall be included. The existing topography shall be shown in dashed lines at two foot (2') intervals and the proposed grade shall be shown in solid lines at two foot (2') intervals. All retaining walls shall be identified and the height shall be shown on the plan relative to the proposed grades. Retaining walls shall be designed by a structural engineer licensed to practice in the state; and
e. When a variance request involves required yard setbacks or height or grade changes a complete landscape plan shall be provided. Plans shall show landscape design and identify all species and caliper of proposed plants.
3. Variance Information:
a. The specific feature or features of the proposed use, construction or development that require a variance;
b. The specific provision of this title from which the variance is sought and the precise variance being sought;
c. A statement of the characteristics of the subject property that prevent compliance with the provisions of this title and result in unnecessary hardship;
d. A statement of the minimum variation of the provisions of this title that would be necessary to permit the proposed use, construction or development;
e. An explanation of how the application satisfies each standard set forth in section 21A.18.060 of this chapter; and
f. Any other information identified by the zoning administrator to be pertinent to the requested variance.
B. 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 chapter 21A.10 of this title.
C. Public Meeting: Upon receipt of a complete application for a variance, the appeals hearing officer shall hold a public meeting with notice provided in accordance with the noticing procedure for a public hearing found in chapter 21A.10 of this title. Written comments may be submitted by 5:00 p.m. the day prior to the public meeting.
D. Action By Appeals Hearing Officer: Upon the close of the hearing the appeals hearing officer shall render its decision, granting, granting with conditions, or denying the variance. (Ord. 46-25, 2025: Ord. 10-24, 2024: Ord. 10-16, 2016)
21A.18.050: PROHIBITED VARIANCES:
The appeals hearing officer shall not grant a variance that:
A. Is intended as a temporary measure only;
B. Is greater than the minimum variation necessary to relieve the unnecessary hardship demonstrated by the applicant; or
C. Authorizes uses not allowed by law (i.e., a "use variance"). (Ord. 8-12, 2012)
21A.18.060: STANDARDS FOR VARIANCES:
Subject to the prohibitions set forth in section 21A.18.050 of this chapter, and subject to the other provisions of this chapter, the appeals hearing officer may grant a variance from the terms of this title only if:
A. General Standards:
1. Literal enforcement of this title would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of this title;
2. There are special circumstances attached to the property that do not generally apply to other properties in the same zoning district;
3. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same district;
4. The variance will not substantially affect the general plan of the city and will not be contrary to the public interest; and
5. The spirit of this title is observed and substantial justice done.
B. Circumstances Peculiar To Property: In determining whether or not enforcement of this title would cause unreasonable hardship under subsection A of this section, the appeals hearing officer may not find an unreasonable hardship unless:
1. The alleged hardship is related to the size, shape or topography of the property for which the variance is sought; and
2. The alleged hardship comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
C. Self-Imposed Or Economic Hardship: In determining whether or not enforcement of this title would cause unreasonable hardship under subsection A of this section, the appeals hearing officer may not find an unreasonable hardship if the hardship is self- imposed or economic.
D. Special Circumstances: In determining whether or not there are special circumstances attached to the property under subsection A of this section, the appeals hearing officer may find that special circumstances exist only if:
1. The special circumstances relate to the alleged hardship; and
2. The special circumstances deprive the property of privileges granted to other properties in the same zoning district. (Ord. 8-12, 2012)
21A.18.070: VARIANCE LESS THAN REQUESTED:
A variance less than or different than that requested may be authorized when the record supports the applicant's right to some relief but not to the relief requested. (Ord. 26-95 § 2(9-7), 1995)
21A.18.080: CONDITIONS ON VARIANCES:
In authorizing a variance, the appeals hearing officer may impose such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the public interest to mitigate any harmful effects of the variance or that will serve the purpose of the standard or requirement that is waived or modified. The appeals hearing officer may require a guarantee or bond to ensure that the conditions imposed will be followed. These conditions shall be expressly set forth in the appeals hearing officer's motion granting the variance. Violation of any condition or limitation on the grant of a variance shall be a violation of this title and shall constitute grounds for revocation of the variance. (Ord. 8-12, 2012)
21A.18.090: EFFECT OF GRANTING A VARIANCE:
The granting of a variance shall not authorize the establishment or extension of any use, nor the development, construction, reconstruction, alteration or moving of any building or structure but shall merely authorize the preparation, filing and processing of applications for any permits and approval that may be required by the regulations of the city, including, but not limited to, a zoning certificate, a building permit, a certificate of occupancy, subdivision approval, and site plan approval. (Ord. 26-95 § 2(9-9), 1995)
21A.18.100: LIMITATIONS ON VARIANCES:
Subject to an extension of time granted upon application to the planning director no variance shall be valid for a period longer than one year unless a building permit is issued or complete building plans have been submitted to the division of building services and licensing within that period. The planning director may grant an extension of a variance for up to one additional year when the applicant is able to demonstrate no change in circumstance that would result in an unmitigated impact. Extension requests must be submitted prior to the expiration of the variance. (Ord. 11-10 § 4, 2010)
21A.18.110: APPEAL OF DECISION:
Any person adversely affected by a final decision made by the appeals hearing officer may file a petition for review of the decision with the district court within thirty (30) days after the decision is rendered. (Ord. 8-12, 2012)
21A.18.120: STAY OF DECISION:
A final decision of an appeals hearing officer may be stayed as provided for in section 21A.16.050 or its successor. (Ord. 48-21, 2021: Ord. 8-12, 2012)
21A.20.010: RESERVED:
21A.20.020: COMPLAINTS REGARDING VIOLATIONS:
A civil enforcement officer may investigate any complaint alleging a violation of this title and take such action as is warranted in accordance with the procedures set forth in this chapter. (Ord. 91-24, 2024: Ord. 56-18, 2018)
21A.20.030: PROCEDURES UPON DISCOVERY OF VIOLATIONS:
A. If the civil enforcement officer finds that any provision of this title is being violated, the civil enforcement officer may provide a written warning notice to the property owner and any other person determined to be responsible for such violation. The written notice shall indicate the nature of the violation and order the action necessary to correct it. Additional written notices may be provided at the civil enforcement officer's discretion.
B. The written warning notice shall state what action the building services division intends to take if the violation is not corrected. The written notice shall include information regarding the established warning period for the indicated violations and shall serve to start any warning periods provided in this chapter.
C. Such written warning notice issued by the civil enforcement officer, if issued, shall be deemed delivered when:
1. A copy of the written notice is posted on the property where said violation(s) occur, and
2. The written notice is either:
a. Mailed certified mail or using any reputable mail tracking service that is capable of confirming delivery to the property owner at the last known address appearing on the records of the Salt Lake County Recorder and any other person determined to be responsible for such violation, at their last known address, or
b. Personally served upon the property owner and any other person determined to be responsible for such violation.
D. In cases when delay in enforcement would seriously threaten the effective enforcement of this title, or pose a danger to the public health, safety or welfare, the civil enforcement officer may seek enforcement without issuing a warning notice and may proceed directly to issuing a notice and order as set forth in Subpart E.
E. Upon discovery of a violation of this title, or if the violation remains uncorrected after expiration of the warning period set forth in the warning notice, if issued, the civil enforcement officer may issue a notice and order.
1. The written notice and order shall state:
a. The name and address, if known, of the responsible party;
b. The date and location of each violation;
c. The code sections violated;
d. That the violations must be corrected;
e. Provide a specific date by which the enforcement official orders that the violations be corrected by;
f. The amount of the civil fine to accrue for each violation, or other enforcement action that the enforcement official intends to pursue, if the violation is not corrected by the date specified;
g. Identification of the right to and procedure to appeal; and
h. The signature of the enforcement official.
2. The enforcement official shall serve the notice and order on the responsible party by:
a. Posting a copy of the written notice and order on the noncompliant property, and
b. By mailing the notice and order through certified mail or reputable mail tracking service that is capable of confirming delivery. If the responsible party is the property owner of record, then mailing shall be to the last known address appearing on the records of the Salt Lake County Recorder. If the responsible party is any other person or entity other than the owner of record, then mailing shall be to the last known address of the responsible party on file with the city.
c. Notwithstanding the foregoing, personal service upon the responsible party shall be sufficient to meet the notice and order service requirements of this Subsection 21A.20.030.E.2.b.
F. Following the issuance of a notice and order, any responsible party shall correct the violations specified in the notice and order. Upon correction of the violations specified in the notice and order, the responsible party shall contact the enforcement official identified in the notice and order to request an inspection of the property.
G. If one or more violations are not corrected by the deadline specified in the notice and order, civil fines shall accrue at the rate set forth in Section 21A.20.040. Accumulation of civil fines for violations, but not the obligation for payment of civil fines already accrued, shall stop upon correction of the violation(s) once confirmed through an inspection requested pursuant to Subsection E.
H. The responsible party shall have the right to contest the notice and order at an administrative hearing in accordance with Chapter 21A.16. Failure to timely request an administrative hearing and pay the administrative hearing fee set forth in the Salt Lake City consolidated fee schedule shall constitute a waiver of the right to a hearing and a waiver of the right to appeal.
I. Upon expiration of the citation period set forth in a notice and order, and where the violation(s) remain uncorrected, the city may record on the noncompliant property with the Salt Lake County Recorder's Office a notice of noncompliance. The recordation of a notice of noncompliance shall not be deemed an encumbrance on the noncompliant property but shall merely place interested parties on notice of any continuing violation of this title at the noncompliant property. If a notice of noncompliance has been recorded and the enforcement official later determines that all violations identified in the notice of noncompliance have been corrected, the enforcement official shall issue a notice of compliance by recording the notice of compliance on the property with the Salt Lake County Recorder's Office. Recordation of the notice of compliance shall have the effect of canceling the recorded notice of noncompliance.
J. If the city files an action for injunctive relief seeking abatement of one or more violations and the district court authorizes the abatement of one or more violations and the city incurs costs and the costs are not paid, a lien or garnishment may be placed to recover the costs and may be considered an encumbrance on the property. (Ord. 91-24, 2024: Ord. 56-18, 2018)
21A.20.040: CIVIL FINES:
A. General: If the violations are not corrected by the citation deadline, civil fines shall accrue at $50 a day per violation for those properties legally used for purposes that are solely residential uses, and $200 a day per violation for those properties used for purposes that are not residential uses. Fines for violations pertaining to use of a dwelling unit shall be per dwelling unit.
B. Affordable housing incentives per 21A.52.050: If the violation(s) are not corrected by the citation deadline, civil fines shall accrue at the rate set in the Consolidated Fee Schedule per day per violation. If the violation(s) include renting an affordable rental unit in excess of the approved rental rate then an additional monthly fine shall accrue that is the difference between the market rate of the unit and the approved rental rate that is agreed to by the applicant at the time of approval for a project using the incentives.
C. Failure to obtain certificate of appropriateness per 21A.34.020: For development or any building activity on properties subject to Section 21A.34.020 without a certificate of appropriateness, if such violation is not corrected by the citation deadline, civil fines shall accrue at $50 per day, except that the fine shall be $250 per day for full or partial demolition of a contributing structure without a certificate of appropriateness and $500 per day for full or partial demolition of a landmark site without a certificate of appropriateness. (Ord. 91-24, 2024: Ord. 22-24, 2024: Ord. 74-23, 2023: Ord. 56-18, 2018)
21A.20.050: DAILY VIOLATIONS:
Each day a violation continues after the citation deadline shall be considered a separate offense and give rise to a separate civil fine. Accumulation of civil fines for violations, but not the obligation for payment of civil fines already accrued, shall stop upon correction of the violation. (Ord. 91-24, 2024: Ord. 56-18, 2018)
21A.20.060: COMPLIANCE:
The city may use such lawful means as are available to obtain compliance with the provisions of this title and to collect the civil fines that accrue as a result of the violation of the provisions of this title, including a legal action to obtain one or more of the following: an injunction, an order of mandamus, an order requiring the property owner or occupant to abate the violations, an order permitting the city to enter the property to abate the violations, and a judgment in the amount of the civil fines accrued for the violation, including costs and attorney fees. The city has sole discretion over which remedy or combination of remedies it may choose to pursue.
Violations of the provisions of this title or failure to comply with any of its requirements are punishable as a Class C misdemeanor upon conviction. (Ord. 91- 24, 2024: Ord. 56-18, 2018)
21A.20.070: RECURRING VIOLATIONS:
In the case where a violation, which had been corrected, reoccurs at the same property within 6 months of the initial correction and is due to the actions or inactions of the same person or property owner as the prior violation(s), the building services division may begin enforcement of said recurring violation by sending by certified mail or reputable mail tracking service that is capable of confirming delivery a notice and order in the form described in Subsection 21A.20.030.E of this chapter. Civil fines set forth in Section 21A.20.040 of this chapter will begin accruing if the violation is not remedied within 10 calendar days of the citation deadline contained in that notice. (Ord. 91-24, 2024: Ord. 56-18, 2018)
21A.20.080: APPEALING CIVIL FINES TO A FINES HEARING OFFICER:
A. Powers and Duties of Fines Hearing Officer: The fines hearing officer, appointed pursuant to Section 21A.06.090 of this title, may hear and decide appeals of civil fines imposed pursuant to this chapter. As set forth in this section, the fines hearing officer may reduce civil fines and approve civil fine payment schedules.
B. Right to Appear: Any person receiving a notice of violation may appear before a fines hearing officer to appeal the amount of the civil fine imposed by submitting a civil fine appeal on a form provided by the building services division. However, no party may appear before a fines hearing officer until violations from which the civil fines stemmed have been corrected and a notice of compliance has been issued. Appeals to a fines hearing officer contesting the amount of the civil fine imposed, must be filed within 30 days from the date of the notice of compliance.
C. Responsibility: Commencement of any action to remove or reduce civil fines shall not relieve the responsibility of any person cited to correct the violation or make payment of subsequently accrued civil fines nor shall it require the city to reissue any of the notices required by this chapter.
D. Reduction of Civil Fine: Civil fines may be reduced at the discretion of the fines hearing officer after the violation is corrected from which the civil fines stemmed and if any of the following conditions exist:
1. The violation pertains to landscaping, in which case the time for payment and correction of landscaping violations may be abated from October 15 through the next April 1, or such other times as caused by weather conditions adverse to successful landscaping;
2. Strict compliance with the notice and order would have caused an imminent and irreparable injury to persons or property;
3. The violation and inability to correct the same were both caused by a force majeure event such as war, act of nature, strike or civil disturbance;
4. A change in the actual ownership of the property was recorded with the Salt Lake County Recorder's Office after the first or second notice was issued and the new property owner is not related by blood, marriage or common ownership to the prior owner; or
5. Such other mitigating circumstances as determined by the fines hearing officer.
E. Payment Schedule: At the request of a person subject to civil fines governed by this chapter, the fines hearing officer may approve a payment schedule for the delayed or periodic payment of the applicable civil fine to accommodate the person's unique circumstances or ability to pay.
F. Failure to Submit Payment on Payment Schedule: If a payment schedule has been developed by the fines hearing officer, the failure by a person owing civil fines to submit any two (2) payments as scheduled shall cause the entire amount of the original civil fine to become immediately due. (Ord. 91-24, 2024: Ord. 56-18, 2018)
21A.20.090: NOTICE OF CITY'S INTENT TO ABATE ZONING VIOLATIONS:
A. If the city obtains a court order permitting entry on the property for the purpose of abating zoning violations, the building services division shall provide written notice of that order to the property owner of record at the address on file with the Salt Lake County Recorder.
B. The notice shall: 1) identify the property owner of record according to the records of the Salt Lake County Recorder, 2) describe the property and the violations the court order permits the building services division to enter the property to abate, 3) attach a copy of the court order, and (4) inform the property owner when the abatement is scheduled to occur.
C. Notice may be delivered in person, or by certified mail, or by reputable mail tracking service that is capable of confirming delivery, if mailed to the last known address of the property owner according to the records of the Salt Lake County Recorder. (Ord. 91-24, 2024: Ord. 56-18, 2018)
21A.20.100: COLLECTION OF THE COSTS OF ABATEMENT:
A. If the building services division or an agent thereof enters a property to abate a violation pursuant to a court order, as set forth in Section 21A.20.090 of this chapter, the building services division may collect the cost of that abatement, by filing a property tax lien, as set forth in this section.
B. Upon completion of abatement work, the building services division shall prepare an itemized statement of costs and mail it to the property owner by certified mail or by any reputable mail tracking service that is capable of confirming delivery, demanding payment within 30 days of the date the statement is post marked.
C. The itemized statement of costs shall:
1. Include:
a. The address of the property at issue;
b. An itemized list of all expenses incurred by the building services division, including administrative costs;
c. A demand for payment; and
d. The address where payment is to be made;
2. Notify the property owner:
a. That failure to timely pay the expenses described in the itemized statement may result in a lien on the property in accordance with this chapter and Utah Code section 10-11-4 or its successor;
b. That the property owner may file a written objection to all or part of the statement within 20 days of the date the statement is postmarked; and
c. Where the property owner may file the objection, including the name of the office and the mailing address.
D. The itemized statement of costs described in subsection C of this section shall be deemed delivered when mailed by certified mail or by any reputable mail tracking service that is capable of confirming delivery addressed to the last known address of the property owner, according to the records of the Salt Lake County Recorder.
E. If the property owner files a timely objection, the building services division will schedule a hearing in accordance with title 52, chapter 4 of the Utah Code (Open and Public Meetings Act), and will mail or deliver to the property owner prior to the hearing a notice stating the date, time, and location of the hearing.
F. At the hearing described in subsection E of this section, a fines hearing officer shall review and determine the actual cost of abatement incurred by the building services division in abating the property, including administrative costs. The property owner must pay any amount the fines hearing officer determines is due and owing to the Salt Lake City Treasurer at the address provided in the statement of costs within 30 days of the date of the hearing.
G. If the property owner fails to make payment of the amount set forth in the itemized statement within 30 days of the date of the mailing of that statement, or to file a timely objection, then the building services division may certify the past due costs and expenses to the Salt Lake County Treasurer and the Treasurer will proceed as set forth in Utah Code section 10-11-4 or its successor.
H. If the property owner files a timely objection but fails to make payment of any amount found due and owing under subsection F of this section within 30 days of the date of the hearing, the building services division may certify the past due costs and expense to the Salt Lake County Treasurer and the Treasurer will proceed as set forth in Utah Code section 10-11-4.
I. After entry by the Treasurer of the County, as set forth in subsections G and H of this section the amount entered shall be a nonrecurring notice charge as defined in Utah Code 11-60-102, is a lien on the property, and shall be collected by the Salt Lake County Treasurer at the time of the payment of general taxes.
J. Notwithstanding any other provision in this chapter to the contrary, where the property owner presents evidence demonstrating financial hardship to the satisfaction of the building services division, the building services division may waive some or all administrative fees and the actual costs incurred in abating the property if the property abated is the property owner's principal place of residence. (Ord. 91-24, 2024: Ord. 56-18, 2018)