Administrative Appeals Text Amendment

Administrative Appeals Text Amendment

The Planning Division has received a petition from the City Council to amend the zoning ordinance regulations regarding appeals of administrative decisions to better comply with state law.  The Sugar House Community Council has been asked to gather input from the community regarding these changes.

Consideration Criteria for a Zoning Text Amendment Request

This proposal is required to go before the Planning Commission for a recommendation and the City Council for a final decision. Both bodies will hold public hearings. For your reference, the following are criteria that the Planning Commission and City Council will use to make their recommendation and decision, respectively. The City’s technical staff will review the proposal against adopted City policies and regulations and develop a recommendation to the Planning Commission. Input from your organization may be more general in nature, but we recommend that you also consider the below City ordinance consideration criteria for zoning map amendments (21A.50.050):

1. Whether a proposed text amendment is consistent with the purposes, goals, objectives, and policies of the City as stated through its various adopted planning documents;

2. Whether a proposed text amendment furthers the specific purpose statements of the zoning ordinance;

3. Whether a proposed text amendment is consistent with the purposes and provisions of any applicable overlay zoning districts which may impose additional standards; and

4. The extent to which a proposed text amendment implements best current, professional practices of urban planning and design.

Here is the Draft showing changes in redlined text to the City Code section (21A.16)

1. Redlined Draft Ordinance Amending Admin Decisions Appeals

This is a clean draft (not showing redlined changes) of the proposed City Code (21A.16)

2. Clean Draft Ordinance Amending Admin Decision Appeals

Administrative decisions are those made by the Planning Commission, Historic Landmark Commission, or the Zoning Administrator in the administration of the zoning ordinance. State law recently changed with House Bill 388, making modifications to who has the right to appeal such decisions. Additionally, recent case law has clarified the scope of appeals allowed to be decided by the City’s Appeals Hearing Officer. The proposed amendments would modify City Code to align with state law, related case law, and make other clarifications to that code section. The amendments primarily clarify what matters can be decided by the City’s Appeals Hearing Officer, who can appeal decisions, and when an appeal can stay a decision.

Please read the proposed code and provide our comments here:

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Judi Short
judi.short@gmail.com