Removing Public Hearing Requirements for Appeals and Variance as Required by a New State Law
Petition Number: PLNPCM2025-00327
Application Type: Text Amendment
Project Location: Citywide
Zoning District: Not Applicable
Overlay District: Not Applicable
Council District: Citywide
This proposal will remove the public hearing requirement for appeals of administrative land use decisions and variances in accordance with House Bill 368 adopted by the Utah Legislature and signed into law by the Governor. The bill states that cities may not hold public hearings for appeals of land use decisions and applications for variances.
City code currently requires a public hearing for an appeal of a land use decision made by staff. City code does not require a public hearing for appeals of decision made by the Historic Landmark Commission or Planning Commission. City code also requires a public hearing for a variance.
This proposal will remove the requirement for a public hearing but require appeals and variances to be heard at a public meeting. The difference between a public hearing and a public meeting is that a public hearing includes an opportunity for public input while a public meeting does not include public input. This proposal will also add provisions for a notice of the public meeting, mailed 12 days in advance, to be sent to all neighboring property owners and occupants within 300 feet of a project subject to the appeal or variance. Other public meetings will not be impacted by the change and will follow existing public meeting notice requirements. During the 12 notice period written evidence would be accepted up to the day before the hearing and provided to the appeals hearing officer. These changes are necessary to comply with Utah Code. This bill goes into effect on May 7, 2025 and the city must follow the state code requirements starting on May 7th. This proposal is not subject to the 45-day public input period due to the state code requirements going into before the city can adopt the changes necessary to bring the city code into compliance with Utah Code
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Additional Information
Next Steps
- The typical 45-day public input is not applicable to this application because HB 386 will go into effect before the end of the 45-day public input period and the city is required to follow the changes in HB 368 beginning on May 7, 2025. However, public input can be provided in writing or at the Planning Commission public hearing scheduled for April 23, 2025. You may submit written comments to:
- Nick Norris, Planning Director, at nick.norris@slc.gov or 801-535-6173
- The Planning Commission will then hold a public hearing on April 23, 2025 for additional public comments and make a recommendation to the City Council regarding the proposal.
What is the role of the Planning Staff in this process?
Planning Staff processes the application, communicates with the applicant to understand the project, and seeks input from the community.
Public Comments and Questions
We want to hear from you! To submit a comment or question please contact the staff planner via email or leave a voicemail, your questions will be answered within a week after the comment period has ended.
As this is a change that is necessary to comply with recently adopted changes to Utah State Code, the city cannot decide to still hold public hearings. However, the city has flexibility regarding the proposed noticing requirements and public comment period associated with appeals of land use decisions and variances.
Project Planner: Nick Norris, Planning Director
Email: nick.norris@slc.gov
Phone Number: 801.535.6173