HomeMy Public PortalAboutORD-CC-2021-05DocuSign Envelope ID: 681A6D25-EFD3-4F89-87D2-4B7651DBE675
CITY OF MOAB, UTAH
ORDINANCE NO. 2021-05
AN ORDINANCE DEFINING THE POINT IN TIME AT WHICH THE CITY OF MOAB
FORMALLY INITIATES PROCEEDINGS TO AMEND ITS LAND USE
REGULATIONS
WHEREAS, state law requires a local government to review an applicant's land use application
under the local ordinance in existence at the time the applicant submits a complete application,
unless the local government can show that an exception to the rule applies. (Utah Code
Annotated § 10-9a-509);
WHEREAS, this rule is known as the "vested rights" rule. See Western Land Equities v. Logan
City, 617 P.2d 388 (Utah 1980) ("[A]n applicant is entitled to [land use application approval] if
his proposed development meets the zoning requirements in existence at the time of his
application...").
WHEREAS, Utah Code §10-9a-509 permits a municipality to deny approval of a complete land
use application submitted within a 180 -day period after a municipality formally initiates
proceedings to amend applicable land use regulations in a manner that would prohibit approval
of the application as submitted;
WHEREAS, Utah Code §10-9a-509 specifically states:
10-9a-509. Applicant's entitlement to land use application approval -- Municipality's
requirements and limitations — Vesting upon submission of development plan and
schedule.
(1) (a) (i) An applicant who has submitted a complete land use application as described in
Subsection (1)(c), including the payment of all application fees, is entitled to
substantive review of the application under the land use regulations:
(A) in effect on the date that the application is complete; and
(B) applicable to the application or to the information shown on the application.
(ii) An applicant is entitled to approval of a land use application if the application
conforms to the requirements of the applicable land use regulations, land use
decisions, and development standards in effect when the applicant submits a
complete application and pays application fees, unless:
(A) the land use authority, on the record, formally finds that a compelling,
countervailing public interest would be jeopardized by approving the
application and specifies the compelling, countervailing public interest in
writing; or
(B) in the manner provided by local ordinance and before the applicant submits the
application, the municipality formally initiates proceedings to amend the
1.
DocuSign Envelope ID: 681 A6D25-EFD3-4F89-87D2-4B7651 DBE675
municipality's land use regulations in a manner that would prohibit approval of
the application as submitted.
(b) The municipality shall process an application without regard to proceedings the
municipality initiated to amend the municipality's ordinances as described in
Subsection (I)(a)(ii)(B) if:
(i) 180 days have passed since the municipality initiated the proceedings; and
(ii) the proceedings have not resulted in an enactment that prohibits approval of the
application as submitted.
(c) A land use application is considered submitted and complete when the applicant
provides the application in a form that complies with the requirements of applicable
ordinances and pays all applicable fees.
WHEREAS, a public hearing was held by Planning Commission on the proposed text
amendment on March 11, 2021 which was duly noticed and included public notice being
published in the February 25, 2021 and March 4, 2021 issues of the Times Independent.
WHEREAS, the City of Moab desires, as permitted by § 10-9a-509(1)(a)(ii)(B) above to define,
by ordinance, the point in time at which the City formally initiates proceedings to amend its
land use regulations.
NOW, THEREFORE BE IT ORDAINED by the Moab City Council that:
1. Section 1- Add a definition to Moab Municipal Code Section 17.06.020 as follows:
"Formally Initiates" as set forth by Utah Code § 10-9a-509 means the earliest of:
a) Publication of a City Planning Commission or City Council agenda in which the
amendment to the land use regulations is the subject of an agenda item, and/or
public hearing, or
b) The effective date of a resolution by the City Council stating that the City has
formally initiated an amendment to the land use regulations and the proposed
language of the amendment(s).
2. Section 2 - Add Moab Municipal Code Section 17.12.190 as follows:
"Formally Initiates" as set forth by Utah Code §10-9a-509 means the earliest of:
a) Publication of a City Planning Commission or City Council agenda in which the
amendment to the land use regulations is the subject of an agenda item, and/or
public hearing, or
2
DocuSign Envelope ID: 681A6D25-EFD3-4F89-87D2-4B7651DBE675
b) The effective date of a resolution by the City Council stating that the City has
formally initiated an amendment to the land use regulations and the proposed
language of the amendment(s).
PASSED by the City Council in a public meeting on March 23, 2021, by the following vote:
MOAB CITY COUNCIL:
Those voting aye: Derasary, Knuteson-Boyd, Jones, Duncan, Guzman -Newton
Those voting nay: None
Those abstaining: None
Those absent: None
OocuSigned by
54DC94144CCE40D_.
Emily Niehaus, Mayor
ATIEST: •..
Sommar Johnson. Clerk/Recorder