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Monroe City Zoning Code

13.12 Vested

Rights

13.12.0 Vested Rights

  1. In conjunction with §10-9a-509 of Utah State Code (as amended), an applicant is entitled to approval of a land use application if the application conforms to the requirements of the City's zoning map and applicable land use ordinance in effect when a complete application is submitted and all fees have been paid, unless:
  2. the governing body, on the record, finds that a compelling, countervailing public interest would be jeopardized by approving the application; or
  3. in the manner provided by local ordinance and before the application is submitted, the municipality has formally initiated proceedings to amend its ordinances in a manner that would prohibit approval of the application as submitted.
  4. The City shall process an application without regard to proceedings initiated to amend the municipality's ordinances if:
  5. 180 days have passed since the proceedings were initiated: and
  6. The proceedings have not resulted in an enactment that prohibits the approval of the application as submitted.
  7. An application for a land-use approval is considered submitted and complete when the application is provided in a form that complies with the requirements of applicable ordinances and all applicable fees have been paid.
  8. The continuing validity of approval of a land-use application is conditioned upon the applicant proceeding after approval to implement the approval with reasonable diligence.
  9. The City shall not impose on a holder of an issued land use permit a requirement that is not expressed:
  10. in the land use permit or in documents on which the land use permit is based; or
  11. in the City's ordinances.
  12. The City will not withhold the issuance of a certificate of occupancy because of an applicant's failure to comply with a requirement that is not expressed:
  13. in the building permit or in documents on which the building permit is based; or
  14. in the City's ordinances.
  15. The City is bound by the terms and standards of applicable land use ordinances and shall comply with mandatory provisions of those ordinances.

HISTORY:

Ord. 3-1-2024, 4/9/2024