RESPONSIBLE CITY AGENCY: Planning Division/Division of Building and Licensing Services
KEYWORDS: Permit, development, building, vested, moratorium.
1. General
1.1 Permit applications for development within Salt Lake City which substantially comply with existing development ordinances and regulations will generally be approved and issued under the existing development ordinances and regulations.
1.2 Permit approval in cases where a zoning change petition has been or may be filed is subject to the considerations of vested rights and moratoria specified in this rule.
1.3 Definitions:
A. Permit: a building permit, subdivision plat, Planned Unit Development plat, or any similar development application.
B. Zoning Change Petition: a request for a zoning change in the ordinances and regulations relating to zoning, subdivisions, or site development properly filed with the Department of Community and Economic Development.
C. Substantial compliance: a permit eligible for approval with only minor or routine modifications, including variances which would normally be granted as a matter of course by the Zoning Administrator.
D. Proposed development: construction or design for which a permit application is submitted.
E. Development moratorium: a period of time during which permits will not be issued for proposed developments, notwithstanding the proposed development’s substantial compliance with existing ordinances and regulations.
F. Vested property right: a right to develop property based on the ordinances existing at the time of the application for development notwithstanding pending changes in the regulations which would preclude the development.
G. Zoning administrator: by authority of State Statute, the Board of Adjustment may delegate its authority to make certain zoning-related decisions to the Zoning Administrator. The items delegated to the Zoning Administrator are non-controversial and have no impact on the character of City neighborhoods.
2. Moratoria
2.1 The Zoning Administrator may decline to grant a development permit for 15 calendar days when a zoning ordinance text or map change is being considered if he/she believes it may seriously threaten an overriding interest of public importance, or threaten the public health, safety or welfare of the City.
2.2 During this 15 day period, the City shall consider the imposition of a moratorium consistent with applicable current land use law.
2.3 Development moratoria should be considered and imposed by legislative action at a public hearing.
2.4 In special circumstances the Mayor may impose an Administrative Moratorium restricting development under any or all existing development ordinances and requirements, if the Mayor finds that the development seriously threatens an overriding interest of public importance, or threatens the public health, safety, or welfare, and that no vesting of development rights has occurred.
2.5 Administrative Moratoria expire upon the date established by the Mayor, enactment by the City Council of an ordinance in response to the Zoning Change Petition, or within six months, whichever comes first.
2.6 The total time of administrative and legislative moratoria related to the same or substantially similar Zoning Change Petitions shall not exceed six months.
3. Appeals
3.1 Property owners whose permits are denied due to an Administrative Moratorium may appeal in writing to the Mayor within 15 days of the permit denial. The appeal should specify the reasons the applicant believes support the granting of the permit.
3.2 The Mayor’s Office will promptly notify the City Council, the Planning Commission, and any affected recognized neighborhood organization of such appeals. These parties may file written comments concerning the appeal within 15 days of its filing.
3.3 The applicant may respond to these comments within seven days. The appeal is then submitted to the Mayor for a decision.
CURRENT REFERENCES: UCA 10-9-101, et seq.
Western Land Equities, Inc. v. City of Logan (758 P.2d 987 -- Utah 1988)
Scherbel v. Salt Lake City Corporation (617 P.2d 388 -- Utah 1980)
Planning Division moratorium procedures
PRE-1995 REFERENCES: City policy 6.07.100
EFFECTIVE DATE: October 1, 1995
DATE APPROVED BY CABINET: September 6, 1995