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HomeMy Public PortalAboutORD-CC-2008-25fl ORDINANCE #2008-25 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, SECTION 17.06 BY THE ADDITION OF DEFINITIONS FOR A COMPLETE APPLICATION AND DEVELOPMENT APPLICATION WHEREAS, the City Council ("Council") adopted the Moab Municipal Code ("Code") and especially Chapter 17.00.00, also known as "The Zoning Ordinance of Moab City, Utah" in an effort to encourage and facilitate orderly growth and development in the City as well as to promote a more attractive and wholesome environment; and, WHEREAS, from time to time Staff has noticed that there is confusion as to what constitutes a "complete application" and that the Code is lacking a precise definition of "development application" and has asked the Planning Commission to review a request to adopt these terms to improve administration of the Code; and, WHEREAS, the City of Moab Planning Commission ("Commission") in a public hearing held on July 14, 2008, to determine the merits of the change to the Code; and WHEREAS, the Commission found that the proposal would be useful in aiding Planning staff in the day to day administration of the Code; and, WHEREAS the Commission also found that the citizens of Moab would more clearly understand what was expected when applying for development proposals; and, WHEREAS, Council reviewed Ordinance #2008-25 in a regularly scheduled meeting held on July 26, 2008, to hear and decide the merits of the proposed change to Chapter 17.06, Definitions, of the Moab Municipal Code; and, WHEREAS, Council found that the change benefits the Staff as well as Moab residents. NOW, THEREFORE, the Moab City Council hereby amends Chapter 17.06, Definitions, of the Moab Municipal Code with the addition of definitions for Complete Application and Application for Development (Development Applicatio0n) as follows: "Complete Application. An application shall not be considered complete unless and until: (1) all of the required information and submittal materials in the amounts and dimensions required by this code have been submitted to and received by the city department or official specified in this code; and (2) the City Planner or a duly -appointed representative, has certified the application as "complete." The decision of the City Planner with respect to completeness and applicability of submittal requirements shall be final. This requirement pertains to all applications for preliminary and/or final plats of a subdivision, a planned unit development, zoning, rezoning, general development plans, and special use permits where such applications are in anticipation of new surface development, or any other similar land use designation that is used by a local government, but does not include building permit applications. Application for development or Development Application means an application for a preliminary or final plat for a subdivision, a planned unit development, or any other similar land 2 use designation that is used by a local government. "Application for development" includes applications for zoning, rezoning, general development plans, and special use permits where such applications are in anticipation of new surface development, but does not include building permit applications." PASSED AND ADOPTED by action of the Governing Body of the City of Moab in open session this 28`h day of October, 2008. ATTEST: Rachel Ellison Dave Sakrison Moab City Recorder Mayor of Moab City Ordinance #2008-25 Page 2 of 2