Moratorium And Restrictions Regarding The Operation Of Gravel Pits
16.06.010 Temporary Moratorium And Restrictions Regarding The Operation Of Gravel Pits
Findings of Countervailing Interest. Pursuant to Section 10-9a-504(1)(a), Utah Code Annotated, the Municipal Council expressly finds that there are potential irreparable and adverse effects of allowing development prohibited in this ordinance within the boundaries of the Perry City while the City completes an ordinance and regulation review and conducts public meetings regarding the operation of a gravel pit, mining, reclamation and related activities is not in the best interest of the City and constitutes a compelling, countervailing public interest sufficient to justify a six-month prohibition regarding such grading and exposed wall surfaces.
Balancing of Public versus Private Interests.The Municipal Council further finds that any harm to private interest is de minimis and outweighed by the City's obligation to protect the health, safety and welfare of residents in the City. The City Council finds that no developments, the plans for which were not submitted prior to 8:00 a.m. on December 19, 2016 in full compliance with existing zoning regulations, have any right to develop under those existing regulations. Further, any development plan applications submitted prior to 8:00 a.m. on December 19, 2016 which have been disapproved by the City due to incompleteness, inaccuracies or non-compliance are specifically determined to have no vested right to develop under existing regulations and Ute City shall not accept any re-submittals of these disapproved applications except in accordance with the terms of this ordinance.
These temporary zoning and building regulations are hereby adopted for all zones related to gravel, mining and related activities as set for in Chapter 15.31 of the Code of Perry City, Utah, for a period not to exceed 6 months.