Nephi City Zoning Code

The purpose of this chapter is to allow a procedure for recognizing vested development rights under state law, as amendments are made to this title from to time to provide certainty and predictability in the development approval process for affected landowners, to protect the planning process as the city general plan is updated and implemented, and to effectuate the public policy favoring the settlement of disputes.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

In order for any person to claim a vested right under this chapter, the following shall apply:

1. File Claim: Applicant shall file a claim with the administrator outlining all reasons for claiming a vested right.
2. Time Limit To File: Such claim must be filed within sixty (60) days of the effective date of the change or amendment, or the alleged vested right shall be deemed abandoned. A landowner who fails to file within the time frame provided by this section is presumed to have waived or abandon any vested right.
3. Fee: Prior to processing any request for a vested right claim, an appropriate fee, as established by the legislative body, must be paid.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

Upon receipt of a claim for vested rights, the planning commission shall, within thirty (30) days, invite the applicant to a hearing before the planning commission to determine if a vested right exists. Within fourteen (14) days of the hearing, the planning commission shall deliver to the legislative body a written finding concerning said claim. The legislative body shall make a determination upon the claim within thirty (30) days. The legislative body may, but is not required to, hold an additional hearing on the application. In order to approve any vested rights application, the legislative body shall also be required to make a written finding concerning the application. The finding shall be filed with the city recorder with a copy to the administrator and the planning commission. Upon receipt of a copy of the finding, the administrator shall issue a certificate of vested right. Any appeal from the decision of the legislative body shall be to the district court. Such appeal must be filed within thirty (30) days from the date of the decision. 

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021