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Planning commission recommends code update for city rights-of-way; adds review factors and new disposition methods
Summary
The Planning Commission unanimously recommended that City Council adopt proposed changes to city code (section 14‑52) governing disposition of city-owned rights-of-way, expanding review factors and adding two disposition methods (land exchange and simple closure for public or private uses).
The Salt Lake City Planning Commission voted unanimously to forward a proposed text amendment to City Council that updates section 14‑52 governing disposition of city-owned rights-of-way (alleys, streets and other city-owned strips of land). The changes add review factors, clarify definitions and create two additional disposition methods.
Planning staff (Ben) said the amendment keeps the existing intent — ensure public access and utility maintenance — while adding four new factors for consideration: impact on the general plan, impact on property access, public-utility needs and size considerations (for example whether a right-of-way is wide enough for a vehicle to access). The draft also modifies the “lack of use” factor to exclude illegally built structures from counting unless they can be documented as existing before a referenced cutoff date.
Staff proposed adding two new disposition methods: exchange of land (where a property owner offers other land of public benefit in exchange) and a “simple closure” for public or private uses (such as a park or community garden). The draft also clarifies that streets and other city rights-of-way — not only alleys — are subject to the chapter, and it allows an administrative approval path when no city departments or members of the public object during the 45-day notice period.
Commission discussion focused on whether public utilities can block closures (staff: yes; utilities may record legally binding agreements to preserve access), how applicants are notified if staff intends to process a closure administratively, and the appropriate cutoff date for grandfathering older structures. A commissioner proposed and the commission accepted an amendment to change the grandfathering reference date from 2000 to April 12, 1995. The motion to recommend the amendment to council, with that change, passed unanimously.
What’s next: The commission’s recommendation, including the 1995 date amendment, will go to City Council for final action. Staff said notice, departmental review and possible public hearings remain part of the council process.
