Moab City Zoning Code
17.72 Administration
and Enforcement
17.72.010 Building permit required – Application.
No person, firm or corporation shall commence to construct, alter or move a building or structure, or make a change in use of any land within the territory shown on the zone map which has been adopted as a part of this title without first submitting an application and obtaining a permit therefor from the Zoning Administrator or other authorized officer. A permit shall also be required for the moving and/or improvement of moved-in homes, demountable homes, manufactured homes and similar movable structures. (Ord. 19-13 § 16, 2019; Ord. 5-80, 1980; prior code § 27-25-1)
17.72.020 Plans required.
All applications for building permits shall be accompanied by plans which have been drawn to scale showing the actual dimensions of the lot to be built upon, the size and location of existing buildings and as required, the location and layout of off-street parking and a planting plan showing how the premises will be landscaped. A careful record of such application shall be kept in the office of the Zoning Administrator for a period of five years from the date of receipt thereof. (Prior code § 27-25-2)
17.72.030 Permit compliance.
From the time of the effective date of the ordinance codified in this title, permits shall not be granted for the construction or alteration of any building or structure or for the moving of a building or structure onto a lot or for the change in use of any land, building or structure, if such construction, alteration, moving or change in use would be a violation of any of the provisions of this title, nor shall any sewer or water service line or electric utilities be installed to serve the premises if such use would be in violation of this title. (Prior code § 27-25-3)
17.72.040 License compliance.
No license shall be issued by an official or employee vested with the duty and authority to issue licenses which would not be in conformance with the provisions of this title. Any license so issued shall be null and void. (Prior code § 27-25-4)
17.72.050 Permit required – Fee.
No building or structure shall be constructed, reconstructed, altered or moved to the extent of one hundred dollars or more in replaceable value nor shall the use of any land be changed, except after the issuance of a permit for the same by the Zoning Administrator or other authorized officer. (Prior code § 27-25-5)
17.72.060 Application – Construction and use compliance.
Building permits or certificates of zoning compliance issued on the basis of plans and specifications approved by the Zoning Administrator authorizes only the use, arrangement and construction set forth in such approved plans and application, and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed to be a violation of this title. (Prior code § 27-25-6)
17.72.070 Certificate of zoning compliance required.
A. It is unlawful to use or occupy or permit the use or occupancy of any building or premises, or to change the occupancy of any building or premises until a certificate of zoning compliance is issued by the Zoning Administrator, stating that the proposed use of the building or land conforms to the requirements of this title. No nonconforming structure or use shall be changed or extended until a certificate of zoning compliance has been issued by the Zoning Administrator. The certificate of zoning compliance shall state specifically wherein the nonconforming use differs with the provisions of this title.
B. The Zoning Administrator may permit the occupancy of a building prior to the completion of all required work, provided a cash-only bond is posted with the City Recorder in the amount itemized in the Master Fee Schedule, Chapter 3.50.
1. The construction costs for the completion of the remaining improvements shall be less than ten thousand dollars and shall not include ADA accessibility requirements, potable water and sanitary sewer, or health and safety requirements found in the building code or other ordinances adopted by the City.
2. Types of improvements that may be bonded under this section include but are not limited to: building trim, landscaping, curb, gutter and sidewalk, or replacement of concrete that was damaged during construction.
3. The estimated cost of the remaining improvements and a schedule for completion shall be established in an improvements agreement that must be approved by City Council.
4. The agreement must contain at a minimum:
a. A description of the work to be completed.
b. Reasons for the incompletion of items.
c. Estimates of the construction costs and the additional costs listed above.
d. Contain a reference to the building permit number.
e. An expected date of completion.
f. Actions to be taken or penalties for failure to complete the improvements on time.
5. If necessary items remain unfinished at the end of the agreed time period, the City Manager may grant an extension. The extension shall not exceed a reasonable period of time to allow the contractor/developer to complete those remaining items listed in the improvements agreement.
6. The City Manager shall have the authority to release the bond if the improvements are satisfactorily completed. All public improvements shall be warranted by the developer/contractor for a period of one year from the date of final inspection by city staff. If the improvements are not completed to the satisfaction of the City or incomplete at the time of expiration of the agreement, the City Manager shall cause the work to be completed and use the bond to satisfy the incurred costs.
The Zoning Administrator shall maintain a record of all certificates of zoning compliance for a period of five years and a copy shall be furnished upon request to any applicant. (Ord. 19-29 (part), 2019; Ord. 13-08, 2013: prior code § 27-25-7)
17.72.080 Zoning Administrator – Appointment.
The building inspector appointed under the provisions of the building code is designated as the Zoning Administrator. The building inspector shall be charged with the administration and enforcement of this title. The governing body may also appoint other officers to assist in the administration and enforcement of this title. (Prior code § 27-25-8)
17.72.090 Zoning Administrator – Powers and duties.
A. It shall be the duty of the Zoning Administrator to inspect or cause to be inspected all building in the course of construction or repair. He shall enforce all of the provisions of this title, entering actions in the courts when necessary; and his failure to do so shall not legalize any act in violation of such provisions.
B. Upon appeal to the hearing officer of any matters on which the hearing officer is required to pass, the Zoning Administrator shall forthwith transmit all papers, records and other pertinent data pertaining to the appeal to the hearing officer as required by the terms of this title. The Zoning Administrator shall also refer matters to the Planning Commission and governing body as set forth in this title. (Ord. 19-13 § 17, 2019; prior code § 27-25-9)
17.72.100 Matrix of advisory, land use authority, and appeal bodies.
A. The appeal authority is authorized to hear and decide the following appeals, which are designated by the term AA in the column labeled “Appeal Body.” As used in this matrix, PC means Planning Commission; CC means City Council; DC means district court; BC means the boundary commission; and NA means not applicable.
Application/Action | Advisory Body | Land Use Authority | Appeal Body | Required Public Hearing |
|---|---|---|---|---|
Zone Change | Planning Commission (PC) | City Council (CC) | District Court (DC) | Yes, PC |
Land Use Map Amendment or Text Amendment | PC | CC | DC | Yes, PC |
General Plan Amendment | CC | CC | DC | Yes, PC |
Annexation | PC | CC | Boundary Commission/DC | Yes, CC |
Pre-Annexation Agreement | NA | CC | DC | No |
Conditional Use | PC | CC | DC | No |
Site Plan Tier I | NA | Staff | AA | No |
Site Plan Tier II | Staff | PC | AA | No |
Master Planned Development Prelim. MPD | PC | CC | AA | Yes, PC |
Master Planned Development Final MPD | PC | CC | AA | No |
Zoning Code Interpretation | NA | Zoning Administrator | AA | No |
Nonconforming Use | NA | Zoning Administrator | AA | No |
Variances | Zoning Administrator | AA | DC | No |
Floodplain Ordinance | NA | Zoning Administrator | AA | No |
Hillside Ordinance | PC | CC | AA | No |
Planned Unit Development | PC | CC | AA | Yes, PC |
Subdivision, Less than Five Lots | Staff | PC | AA | No |
Subdivision, Five Lots or More | PC | CC | AA | Yes, PC |
Home Occupation | NA | Zoning Administrator | AA | No |
Accessory Use or Structure | NA | Zoning Administrator | AA | No |
Accessory Dwelling Unit | NA | Zoning Administrator | AA | No |
Geologic Hazard Determination | Staff | Same as for the Underlying Application | Expert Panel per Section 17.72.230. | No |
B. In the event of any conflict between the designation of the applicable appeal authority in this section and the terms of any other provision of the Moab Municipal Code, the terms of this section shall control.
C. Where the appeal authority is not designated as the appellate body, review shall be obtained by filing an action in the district court. (Ord. 18-01 (part), 2018; Ord. 17-23 (part), 2017)
17.72.110 Reserved.
Editor’s note: See editor’s notes at Section 17.72.100.
17.72.120 Hearing officer to serve as appeal authority.
A. The appeal authority shall be comprised of a single hearing officer appointed by the Mayor with the advice and consent of the City Council. The person appointed to serve as the hearing officer shall be a person with: (1) knowledge of the Moab Municipal Code and zoning matters, generally; and (2) knowledge of adjudicatory hearing procedures and the due process rights of land use applicants and other hearing participants.
B. The hearing officer shall be paid for services performed pursuant to a contract and at such rates as shall be approved by the City Council. The hearing officer shall serve for a term of four years from the date of appointment. (Ord. 17-23 (part), 2017)
Editor’s note: See editor’s notes at Section 17.72.100.
17.72.130 Jurisdiction.
A. As a condition precedent to obtaining judicial review, each adversely affected party shall challenge the decision of the applicable land use authority by filing an appeal under this chapter. The appeal authority shall have jurisdiction to hear and decide only the following:
1. Appeals of decisions interpreting this title (zoning), Title 16 (subdivisions), and Chapter 15.40 (floodplain matters) as shown in the appeal matrix in Section 17.72.100.
B. In any appeal where a party claims that the land use authority reached a decision in violation of state or federal laws, as opposed to provisions of the Moab Municipal Code, the appeal authority shall not have jurisdiction to decide the matter, and review shall be obtained before the district court. (Ord. 17-23 (part), 2017)
Editor’s note: See editor’s notes at Section 17.72.100.
17.72.140 Notice of appeal and appeal fee.
A. Any person adversely affected by a decision which is within the jurisdiction of the appeal authority may appeal under this chapter. An appeal shall be commenced by filing a written notice of appeal and paying the applicable fee, as set by the Council from time to time. The City must receive the notice of appeal and appeal fee no later than thirty calendar days from the date of the decision by the City which is the subject of the appeal.
B. An untimely appeal shall be dismissed with prejudice. (Ord. 17-23 (part), 2017)
Editor’s note: See editor’s notes at Section 17.72.100.
17.72.150 Conduct of hearings.
A. All hearings shall be conducted in a quasi-judicial manner and be recorded at the expense of the City. The hearing officer shall conduct and regulate the course of the hearing, administer oaths, and obtain full disclosure of relevant facts so as to afford all the parties reasonable opportunity to present their positions. Any interested party may offer evidence in the form of live testimony or by providing documentary or other forms of evidence. The Utah Rules of Evidence shall not apply; however, the hearing officer has discretion to exclude from consideration any evidence which is deemed to be immaterial, irrelevant, or unreliable. The hearing officer may not exclude evidence solely because it is hearsay.
Additionally, the hearing officer has discretion to weigh the credibility and demeanor of witnesses who provide sworn testimony where the appeal centers on disputed issues of fact.
B. Hearings shall be scheduled with reasonable promptness and timely notice, depending on the scope of the issues subject to review. The hearing officer may issue subpoenas or other orders to compel production of necessary evidence.
C. Any interested party may appear individually or be represented by an attorney to testify, present evidence, and comment on the issues.
D. The appealing party has the burden of proof to show that the decision or order of the City was unlawful, arbitrary, or capricious.
E. All hearings shall be open to all parties.
F. Within a reasonable time after the close of the quasi-judicial hearing, the decision of the appeal authority shall be signed and in writing, and shall contain findings of fact and conclusions of law; notice of any right of administrative or judicial review available to the parties; and the time limits for filing an appeal or requesting a review. The appeal authority may affirm the decision, in whole or in part; reverse the decision, in whole or in part; or modify the decision as is warranted by the law and the evidence. (Ord. 22-09 § 1, 2022; Ord. 17-23 (part), 2017)
Editor’s note: See editor’s notes at Section 17.72.100.
17.72.160 Stay of decision.
The filing of an appeal under this chapter does not stay the decision that is the subject of the appeal. To obtain a stay the appealing party must separately file a written request for stay with the appeal authority, which must show that the appealing party will suffer irreparable harm if the stay is not granted. The request for stay should be accompanied by the evidence, documents, or other information the appellant relies upon in support of its request for stay. (Ord. 17-23 (part), 2017)
Editor’s note: See editor’s notes at Section 17.72.100.
17.72.170 Exhaustion of administrative remedies – District court review.
A. If a matter is within the jurisdiction of the appeal authority, the interested party must exhaust all of its administrative remedies by seeking review and a decision by the appeal authority prior to seeking review by the district court. Every theory of relief predicated upon the interpretation of the Moab Municipal Code must first have been presented to the appeal authority to be preserved for review by the district court.
B. A party wishing to appeal the final decision of the appeal authority must commence an action in the district court no later than thirty calendar days from the date of the final written decision by the appeal authority. A judicial action which is not commenced within that time shall be dismissed with prejudice.
C. Review by the district court shall be based solely on the record before the appeal authority. The appeal authority shall promptly transmit the record of its proceedings, including the transcript of the recorded hearing, all exhibits and other evidence, and all orders entered in the proceeding. The cost of preparing the transcript shall be paid by the appellant prior to transmittal of the record to the district court.
D. In any district court proceeding under this chapter the appealing party has the burden of proof to show that the decision of the appeal authority was arbitrary, capricious, or illegal. (Ord. 17-23 (part), 2017)
Editor’s note: See editor’s notes at Section 17.72.100.
17.72.180 Variance.
Any person or entity desiring a waiver or modification of the requirements of the zoning ordinance as applied to a parcel of property that he/she owns, leases, or in which he/she holds some other beneficial interest may apply to the appeal authority for a variance from the terms of the zoning ordinance. (Ord. 10-06, 2010)
Editor’s note: See editor’s note at Section 17.72.100.
17.72.190 Standards.
A. The appeal authority may grant a variance only if each of the following conditions is met:
1. Literal enforcement of the zoning ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the zoning ordinance;
2. There are special circumstances attached to the property that do not generally apply to other properties in the same district;
3. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same district;
4. The variance will not substantially affect the General Plan and will not be contrary to the public interest; and
5. The spirit of the zoning ordinance is observed and substantial justice done.
B. In determining whether or not enforcement of the zoning ordinance would cause unreasonable hardship under subsection A of this section, the appeal authority may not find an unreasonable hardship unless the alleged hardship:
1. Is located on or associated with the property for which the variance is sought; and
2. Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
C. In determining whether or not enforcement of the zoning ordinance would cause unreasonable hardship under subsection A of this section, the appeal authority may not find an unreasonable hardship if the hardship is self-imposed or economic.
D. In determining whether or not there are special circumstances attached to the property under subsection A of this section, the appeal authority may find that special circumstances exist only if the special circumstances:
1. Relate to the hardship complained of; and
2. Deprive the property of privileges granted to other properties in the same district.
E. The applicant shall bear the burden of proving all of the conditions justifying a variance have been met.
F. Variances run with the land.
G. The appeal authority may not grant use variances.
H. In granting a variance, the appeal authority may impose additional requirements on the applicant that will:
1. Mitigate any harmful affects of the variance; or
2. Serve the purpose of the standard or requirement that is waived or modified. (Ord. 10-06, 2010)
Editor’s note: See editor’s note at Section 17.72.100.
17.72.200 Building permits.
The building official shall not issue any building permit for any building, construction or repair of any building unless such fully conforms to all zoning regulations or ordinances of this municipality in effect at the time of application. No permit shall be issued for any building or structure or part thereof on any land located between the mapped lines of any street as shown on any official street map adopted by the governing body. (Ord. 10-06, 2010)
Editor’s note: See editor’s note at Section 17.72.100.
17.72.210 Notice to council of variance or building permit application.
Before any application for a variance or building permit is heard by the appeal authority, the appeal authority shall give the Moab City Council at least fifteen days notice of any hearing to consider the application. (Ord. 10-06, 2010)
Editor’s note: See editor’s note at Section 17.72.100.
17.72.220 Zone boundary adjustment.
Where a zone boundary line divides a lot in a single ownership at the time of the passage of this chapter, the Board may permit a use authorized on either portion of such lot to extend not more than fifty feet into the other portion of the lot. (Ord. 10-06, 2010)
Editor’s note: See editor’s note at Section 17.72.100.
17.72.230 Appeal of geologic hazard decisions – Panel of experts.
A. An applicant who has appealed a decision of the land use authority administering or interpreting the municipality’s geologic hazard ordinance may request the municipality to assemble a panel of qualified experts to serve as the appeal authority for purposes of determining the technical aspects of the appeal.
B. If an applicant makes a request as described above, the municipality shall assemble the panel described below consisting of, unless otherwise agreed by the applicant and municipality:
1. One expert designated by the municipality;
2. One expert designated by the applicant; and
3. One expert chosen jointly by the municipality’s designated expert and the applicant’s designated expert.
C. A member of the panel assembled by the municipality under subsection (B)(2) of this section may not be associated with the application that is the subject of the appeal.
D. The applicant shall pay:
1. One-half of the cost of the panel; and
2. The municipality’s published appeal fee. (Ord. 10-06, 2010)
Editor’s note: See editor’s note at Section 17.72.100.
17.72.240 District Court review of appeal authority decision.
A. Any person adversely affected by any decision of the appeal authority may petition the district court for a review of the decision.
B. In the petition, the plaintiff may only allege that decision was arbitrary, capricious, or illegal.
C.
1. The petition is barred unless it is filed within thirty days after the appeal authority’s decision is final.
2.
a. The time under subsection (C)(1) of this section to file a petition is tolled from the date a property owner files a request for arbitration of a constitutional taking issue with the private property ombudsman under Section 63-34-13 Utah Code Annotated (1953 as amended) until thirty days after:
i. The arbitrator issues a final award; or
ii. the private property ombudsman issues a written statement under Section 63-34-13(4)(b) Utah Code Annotated declining to arbitrate or to appoint an arbitrator.
b. A tolling under subsection (C)(2)(a) of this section operates only as to the specific constitutional taking issues that are the subject of the request for arbitration filed with the private property ombudsman by a property owner.
c. A request for arbitration filed with the private property ombudsman after the time under subsection (C)(1) of this section to file a petition has expired does not affect the time to file a petition.
D.
1. The appeal authority shall transmit to the district court the record of its proceedings including its minutes, findings, orders and, if available, a true and correct transcript of its proceedings.
2. If the proceeding was taped, a transcript of that tape recording is a true and correct transcript for purposes of this subsection.
E.
1.
a. If there is a record, the district court’s review is limited to the record provided by the appeal authority.
b. The court may not accept or consider any evidence outside the appeal authority’s record unless that evidence was offered to the appeal authority and the court determines that it was improperly excluded by the appeal authority.
2. If there is no record, the court may call witnesses and take evidence.
F. The court shall affirm the decision of the appeal authority if the decision is supported by substantial evidence in the record.
G.
1. The filing of a petition does not stay the decision of the appeal authority.
2.
a. Before filing a petition under this section or a request for mediation or arbitration of a constitutional taking issue under Section 63-34-13 Utah Code Annotated (1953 edition), the aggrieved party may petition the appeal authority to stay its decision.
b. Upon receipt of a petition to stay, the appeal authority may order its decision stayed pending district court review if the appeal authority finds it to be in the best interest of the City.
c. After a petition is filed under this section or a request for mediation or arbitration of a constitutional taking issue is filed under Section 63-34-13 Utah Code Annotated (1953 edition), the petitioner may seek an injunction from the district court staying the appeal authority’s decision. (Ord. 10-06, 2010)
Editor’s note: See editor’s note at Section 17.72.100.
17.72.250 Planning Commission – Powers and duties.
The Planning Commission shall have the following powers and duties with respect to this title:
A. The Planning Commission shall hear and decide requests for amendments to this title. The Planning Commission may also act on its own initiative in considering and recommending amendments to this title. Before a favorable recommendation is given, however, it must be shown that:
1. The amendment will not be contrary to the land use plan;
2. The amendment will not militate against the fulfillment of any other provisions of the comprehensive plan;
3. The amendment will not decrease nor adversely affect the health, safety, convenience, morals, or general welfare of the public;
4. The amendment will more fully carry out the intent and purpose of this title;
5. That, balancing the interest of the petitioner with the interest of the public, both interests will be served better by adopting such an amendment.
In considering a request for an amendment to the zoning ordinance or map, the Planning Commission may submit a recommendation for or against the request or it may recommend an alternate amendment.
B. To review, approve, disapprove or approve subject to modifications, requests for permits to construct large-scale developments.
C. Any other duty imposed on the Planning Commission under the terms of this title. (Prior code § 27-25-22)
17.72.260 Powers and duties of governing body.
The governing body may amend, change or modify any provision of the zoning ordinance or map, provided:
A. The proposed amendment or amendments have been submitted to the Planning Commission for its recommendations. Unless the Planning Commission submits its recommendations within sixty days from receipt of the proposed amendment, the governing body may assume an affirmative recommendation;
B. The governing body has held a public hearing on the proposed amendment at least fifteen days’ prior notice, the time and place of which has been published in a newspaper of general circulation in the municipality;
C. The amendment will not be contrary to the comprehensive plan;
D. The amendment will more fully carry out the intent and purpose of the comprehensive plan and this title;
No material change in or departure from the recommendation of the Planning Commission can be made after such public hearing, unless the change or departure is submitted to the Planning Commission for their consideration and recommendations. Upon receiving the reconsidered recommendations of the Planning Commission, the governing body may overrule the Planning Commission. (Prior code § 27-25-23)