Hatch v. Boulder Town Council

2001 UT App 55, 21 P.3d 245, 415 Utah Adv. Rep. 11, 2001 Utah App. LEXIS 16, 2001 WL 173509
CourtCourt of Appeals of Utah
DecidedFebruary 23, 2001
Docket20000189-CA
StatusPublished
Cited by5 cases

This text of 2001 UT App 55 (Hatch v. Boulder Town Council) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hatch v. Boulder Town Council, 2001 UT App 55, 21 P.3d 245, 415 Utah Adv. Rep. 11, 2001 Utah App. LEXIS 16, 2001 WL 173509 (Utah Ct. App. 2001).

Opinion

OPINION

BENCH, Judge:

11 Appellants Julian Hatch and Lynne Mitchell appeal from a judgment in favor of Appellees. The trial court determined that: the Town of Boulder's zoning ordinance was not arbitrary, capricious, or illegal; "commercial" designations in the ordinance were legal and not ambiguous; and the Town properly awarded conditional use permits to Appellee Boulder Excavating Company (BEC). Appellants additionally appeal the trial court's consolidation of the trial with the hearing on their Motion for Preliminary In *247 junction, and the award of attorney fees to Appellees, We reverse.

BACKGROUND

T2 Appellants are both residents of the Town of Boulder (the Town). The Boulder Town Council (Town Council), at the recommendation of the Boulder Planning Commission, passed a land-use ordinance in May 1998. The text of the ordinance divides the Town into nine different zoning districts. Additionally, section IV of the ordinance reads as follows: "B. OFFICIAL MAP ADOPTED The official base map is hereby adopted and made part of this ordinance, and districts shall exist and be established on the official base map as adopted and amended from time to time." Boulder, UT Ordinance 39 (May 30, 1998 (amended January 12, 1999)). Appellants contend that no map, which accurately depicted the nine zoning districts, was ever presented when the ordinance was adopted. °

T3 In February 1999, the Town granted conditional use permits to BEC. Appellants appealed the grant of the permits to the Town Council, alleging that the terms and conditions of the zoning ordinance were not met by BEC in obtaining the permits. After the Town Council upheld the grant of the permits to BEC, Appellants filed a petition for preliminary injunction in the Sixth District Court. The petition claimed the actions of the Town in enacting the zoning ordinance and granting the conditional use permits were arbitrary, capricious, and illegal, Appellants also sought a preliminary injunction to prevent BEC from constructing a building on one of the parcels for which BEC had obtained a conditional use permit.

T4 At the hearing on the preliminary injunction, the trial court heard testimony and received evidence from Appellants. Appel-lees presented no evidence, but argued at the conclusion of the hearing. The trial court consolidated the hearing with the trial, ruled in favor of Appellees, and awarded them their attorney fees. This appeal followed.

ISSUE AND STANDARD OF REVIEW

15 The dispositive issue before us is whether the Town complied with enabling legislation in adopting its zoning ordinance. "TWle first review the trial court's factual findings under the 'clearly erroneous' standard. We then review the trial court's legal conclusions for correctness." - Pennington v. Allstate Ins. Co., 973 P.2d 932, 936 (Utah 1998) (quoting Barnard v. Sutliff 846 P.2d 1229, 1235 (Utah 1992).

I. VALIDITY OF THE ZONING ORDINANCE

T6 Appellants claim the zoning ordinance is invalid because the Town did not comply with Utah Code Ann. § 10-9402 (1999) in enacting the zoning ordinance. That section reads, in part:

(1) The planning commission shall prepare and recommend to the legislative body a proposed zoning ordinance, including both the full text of the zoning ordinance and maps, that represents the commission's recommendations for zoning all or any part of the area within the municipality.
(2)(a) The legislative body shall hold a public hearing on the proposed zoning or-dinancee recommended to it by the planning commission.

Id. (emphasis added). Appellants specifically challenge the trial court's finding that there was sufficient evidence to prove the existence of a map representing the content of the ordinance.

A. Strict Compliance with Enabling Statute Required

«17 The authority to regulate land use through zoning ordinances is conferred on municipalities by the state through enabling statutes. See Utah Code Ann. § 10-9-401-409 (1999). As such, "[clities must strictly comply with the statute delegating them the authority to act." Jachimek v. Superior Ct., 169 Ariz. 317, 819 P.2d 487, 489 (1991). Consequently, "[flailure to strictly follow the statutory requirements in enacting the ordinance renders it invalid." Call v. City of West Jordan, 727 P.2d 180, 183 (Utah 1986). See also Schwarz v. City of Glendale, 190 Ariz. 508, 950 P.2d 167, 169 (Ariz.Ct.App.1997) ("Municipalities must strictly follow the statutory procedure to enact a zoning ordi *248 nance."); Stockwell v. City of Ritzville, 34 Wash.App. 526, 663 P.2d 151, 151 (1983) (upholding trial court's determination that "the ordinance was invalidly enacted due to the Council's failure to comply strictly" with the enabling statute).

T 8 In Osborne v. City of Camden, 301 Ark. 420, 784 S.W.2d 596 (1990), the City of Camden enacted a zoning ordinance that consisted only of text, with no map attached, while the state's enabling statute required both text and a map. See id. at 597. An official for the town said they were only being frugal, and that some time later the city planner had drawn up a map containing the boundaries intended in the text of the ordinance. See id. The Arkansas Supreme Court found this ordinance invalid because it did not originally include a map. The supreme court said "[t]he purpose of this provision is to give notice of the city's zoning proposal so that, before adoption, residents may object or make suggestions, and after adoption, land purchasers may acquaint themselves with the zoning restriction." Id. The Arkansas court further stated that compliance with the statute "is mandatory, and failure to comply with it will render a zoning ordinance void." Id.

119 Utah's enabling legislation similarly requires that a map accompany the text of a zoning ordinance when presented to the public and to the municipality's legislative body for approval. See Utah Code Ann. $ 10-9-402. We conclude that this requirement is mandatory rather than directory because "the existence of a map is the essence of the enabling statute." Osborme, 784 S.W.2d at 598. Thus, an ordinance enacted without a map, or with a map that does not accurately "represent[ ] the commission's recommendations for zoning," does not strictly comply with Utah's enabling statute and is, therefore, invalid. Utah Code Ann. § 10-9-402.

B. Evidence of Zoning Map

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2001 UT App 55, 21 P.3d 245, 415 Utah Adv. Rep. 11, 2001 Utah App. LEXIS 16, 2001 WL 173509, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hatch-v-boulder-town-council-utahctapp-2001.