CHAPTER 9
ADMINISTRATIVE GUIDELINES PERTAINING TO VESTED PROPERTY RIGHTS

SECTION:

4-9-1: Definitions

4-9-2: Vested Property Right Determinations

4-9-3: Development Moratoriums

4-9-4: Notice Of Pending Ordinance

4-9-5: Authority To Decline Development Application Pending Review

4-9-6: Appeal Of Vested Rights Decisions

4-9-7: Authority Of Board Of Zoning Adjustment

4-9-1: DEFINITIONS:

The following terms shall be defined as indicated for the purpose of this chapter:

COMPLETE APPLICATION: An application containing all documents and information required by ordinance and administrative regulations for the review of a permit, together with all required filing fees.

DEVELOPMENT: The subdivision of land, the construction or design of buildings or other improvements to land, or any other development or use of land for which a permit is required.

DEVELOPMENT APPLICATION: A complete application for a permit that conforms to the zoning, sign, and/or subdivision ordinances in effect on the date of filing of such application.

DEVELOPMENT MORATORIUM: A period of time during which permits will not be issued for proposed development, notwithstanding the proposed development's compliance with existing ordinances and regulations.

DIRECTOR: The director of the community and economic development department of Ogden City, or the manager of the planning division within such department, if so designated by the director.

PENDING ORDINANCE: A proposed change in the ordinances and regulations relating to zoning, subdivisions, or signage, scheduled, or requested to be scheduled, before the planning commission or the city council, and noticed by any of the following methods prior to the filing of a development application:

   A.   Publication of notice, pursuant to section 10-9-303, 304, or 802 of the municipal land use development and management act;

   B.   Actual notice to the affected property owner or applicant, prior to submission of a development application; or

   C.   A notice of pending ordinance, posted at the customer service counter operated by the community and economic development department, located on the second floor of the Ogden municipal building, and complying with the requirements of section 4-9-4 of this chapter.

PERMIT: A permit, approval or authorization issued or granted by the city for an improvement to, or alteration of, real property within the city, including, but not limited to, a building permit, an approved site plan, an approved preliminary subdivision plan, a conditional use permit, or any other similar review process approving development. It is not intended to apply to preapplication reviews or concept reviews that may occur prior to the actual submission of a development application.

VESTED PROPERTY RIGHT: A right to develop property based on the ordinances existing on the date of filing of a development application notwithstanding a change in the regulations, which would otherwise preclude the development.

VESTED RIGHTS DECISION: The denial of a permit or the refusal to process a development application where the applicant is asserting the denial was improper based upon a vested property right.

(Ord. 2003-71, 12-16-2003)

4-9-2: VESTED PROPERTY RIGHT DETERMINATIONS:

   A.   The director may proceed to process a development application in accordance with the zoning, sign, and/or subdivision ordinances in effect on the date of said development application, where the director determines, after consulting with the city attorney, that the development has a vested property right in accordance with Western Land Equities, Inc., v. City of Logan or its successor case law.

   B.   It is the policy of Ogden City that development applications prohibited or subject to additional regulation under a pending ordinance be delayed until final legislative action is taken on the pending ordinance, so long as the proposed legislative action is pursued with due diligence and without unnecessary delay. It is not the intent of this policy to restrict an applicant from conforming a development application to the pending ordinance and the application being approved subject to compliance with the requirements of the pending ordinance if approved and adopted by the city council. This policy shall not apply to an ordinance wherein the city council adopts a saving clause that would have the effect of exempting the development application.

   C.   A property owner, aggrieved by a decision of the director that a vested property right either does not exist or has not been substantiated, may file an application for a final determination to the mayor, under section 4-9-6 of this chapter.

(Ord. 2003-71, 12-16-2003)

4-9-3: DEVELOPMENT MORATORIUMS:

   A.   The city council may, pursuant to section 10-9-404, Utah Code Annotated, impose a development moratorium or other temporary regulation as specified by the terms of the statute.

   B.   A development moratorium or other temporary regulation proposed for adoption by the mayor, the planning commission, or the director, and submitted to the city council for its consideration, shall be considered to be a pending ordinance, if:

      1.   The affected property owner or applicant received actual notice prior to the filing of a development application; or

      2.   A notice of pending ordinance, complying with the requirements of section 4-9-4 of this chapter, was posted at the customer service counter operated by the community and economic development department, located on the second floor of the Ogden municipal building, prior to the filing of a development application.

(Ord. 2003-71, 12-16-2003)