A. The purpose of this title is to implement the goals and policies of the county general plan. This title contains standards, provisions and requirements intended to protect the health, safety and welfare of the citizens of the county by ensuring that neighbors, adjacent and neighboring properties are protected from potential negative impacts in the development and use of land and resources. It is the intent of this title to provide a means of ensuring predictability and consistency in the use of land and individual properties, and to guide and direct the development of land.
B. These purposes are met by:
1. Providing the means of implementing the various policies and other provisions of the county general plan;
2. Generally directing and guiding land development so more intense development is located in areas of the county having the necessary services and facilities sufficient to meet the demands of the proposed development;
3. Promoting the public health, safety and general welfare by regulating the location and use of buildings, structures and land for residential, commercial and other specified uses;
4. Protecting landowners from potential adverse impacts from adjoining uses; and
5. Directing and managing, through the establishment of use districts, the type, distribution and intensity of activity. (1998 Code § 17.00.020)
A. No building may be erected and no existing building shall be altered or enlarged, nor shall any land, building or premises be used, designed or intended to be used for any purpose or in any manner other than allowed by this title.
B. The provisions of this title shall apply to all lands within the unincorporated area of the county, as indicated on the county official zoning district map, accompanying and incorporated herein by reference.
C. The provisions of this title shall be held to be the minimum requirements necessary to protect the public health, safety and welfare of the citizens of the county. Additional requirements may be imposed by the zoning administrator, board of adjustment, planning commission or county commission to more fully ensure the public health, safety and welfare of the residents of the county are protected. The county is authorized to enter upon any land at reasonable times to make examinations and surveys pertinent to the preparation of its general plan and land use ordinances and the enforcement thereof.
D. If a use, activity or practice is not specifically prohibited by this title, such use, activity or practice shall be considered to be permitted. (Ord. 12-306, 11-19-2012)
A. No construction shall occur except pursuant to a validly issued, unexpired and unrevoked building permit. The permittee shall proceed only in accordance with the approved building permit and any approved conditions. Additionally, no utility company shall hook up service without said building permit being issued.
B. For any construction exempt from the requirement for a building permit, as allowed by state law, including agricultural buildings, the building official may require the submission of documents that may be necessary to ensure compliance with the provisions of state law and this title. (1998 Code § 17.00.040)
A certificate of occupancy shall be required before any structure or premises, or part thereof, hereafter erected, changed, converted, moved, altered or enlarged wholly or in part, may be used or occupied. No certificate of occupancy shall be issued permitting the use or occupation of any such structure or premises unless:
A. The construction pursuant to such permit as reflected in the approved building has been fully completed and accomplished; and
B. Payments of all applicable fees, charges and other requirements have been made and any conditions for the establishment of the use or structure have been met. (1998 Code § 17.00.050)
Notes
| 1 | 1. See title 7, chapter 1, article I of this code. |
A. The following properties, uses and structures shall, to the extent provided by law, be exempt from the provisions of this title:
1. Properties owned and operated by the state or the federal government.
2. Properties owned or held in trust for the Ute Indian Tribe.
3. School districts to the extent provided by Utah Code Annotated section 17-27a-305.
B. Where state or federal law requires that the agency take steps to comply with all applicable local regulations, this exemption shall not be construed to abrogate that requirement. (1998 Code § 17.00.060)
A. Application: A proposed amendment to this title and map may be initiated by any property owner, any person residing in the county, any business owner, the county commission, planning commission, board of adjustment or the county staff by filing an application for zoning ordinance and map amendment.
B. Notice Of Public Hearings And Public Meetings:
1. The county shall give:
a. Notice of the date, time, and place of the first public hearing to consider the adoption or modification of a land use ordinance; and
b. Notice of each public meeting on the subject.
2. Each notice of a public hearing under subsection B1a of this section shall be:
a. Mailed to each affected entity at least ten (10) calendar days before the public hearing;
b. Posted:
(1) In at least three (3) public locations within the county; or
(2) On the county's official website; and
c. Published:
(1) In a newspaper of general circulation in the area at least ten (10) calendar days before the public hearing; and
(2) On the Utah public notice website at least ten (10) calendar days before the public hearing; or
(3) Mailed at least ten (10) days before the public hearing to:
(A) Each property owner whose land is directly affected by the land use ordinance change; and
(B) Each adjacent property owner within three hundred feet (300') of the boundary of the rezone area.
3. Each notice of a public meeting under subsection B1b of this section shall be at least twenty four (24) hours before the meeting and shall be posted:
a. In at least three (3) public locations within the county; or
b. On the county's official website.
4. a. If the county plans to hold a public hearing in accordance with section 17-27a-502 of the Utah code to adopt a zoning map or map amendment, the county shall send a courtesy notice to each owner of private real property whose property is located entirely or partially within the proposed map at least ten (10) days prior to the scheduled day of the public hearing.
b. The notice shall:
(1) Identify with specificity each owner of record of real property that will be affected by the proposed zoning map or map amendments;
(2) State the current zone in which the real property is located;
(3) State the proposed new zone for the real property;
(4) Provide information regarding or a reference to the proposed regulations, prohibitions, and permitted uses that the property will be subject to if the zoning map or map amendment is adopted;
(5) State that the owner of real property may no later than ten (10) days after the day of the first public hearing file a written objection to the inclusion of the owner's property in the proposed zoning map or map amendment;
(6) State the address where the property owner should file the protest;
(7) Notify the property owner that each written objection filed with the county will be provided to the municipal legislative body; and
(8) State the location, date, and time of the public hearing described in section 17-27a-502 of the Utah code.
c. If a county mails notice to a property owner in accordance with subsection B2c(3) of this section for a public hearing on a zoning map or map amendment, the notice required in this subsection B4 may be included in or part of the notice described in subsection B2c(3) of this section rather than sent separately.
5. The planning commission shall consider all written objections received during their public hearing process and forward a copy of all such objections to the county commissioners.
6. The county commission is designated as the land use authority for zoning text or map amendments. The commission shall consider the proposed zoning ordinance text or map amendment and the recommendation of the planning commission pursuant to the procedures established by this section and Utah Code Annotated. The county commission may approve the amendment, revise the proposed amendment and approve the proposed amendment as revised, or reject the proposed amendment. There is no minimum area or diversity of ownership requirement for a zone designation. Neither the size of a zoning district nor the number of landowners within the district may be used as evidence of the illegality of a zoning district or the invalidity of a county decision.
C. Criteria For Approval: In considering a proposed amendment to the zoning ordinance and map, the applicant shall identify, and the planning staff, planning commission and the county commission shall consider, the following factors:
1. The overall community benefit of the proposed amendment;
2. Consistency with the goals and policies of the general plan;
3. Compatibility with the neighborhood;
4. What changes have occurred in the neighborhood since the zoning ordinance and map or latest amendment was enacted;
5. Whether a change in the use for the affected properties will unduly affect the uses of adjoining properties; and
6. Consider the interest of the applicant.
D. Effect Of Amendment: An amendment to the zoning ordinance and map shall not authorize the development of land. After an amendment has been approved by the county commission, no development shall occur until the required development permits and licenses have been issued by the county. (Ord. 13-314, 7-8-2013)