(A) Land in an agriculture protection area shall be protected as provided in U.C.A. Title 17, Chapter 41, Part 4.
(B) Local regulations of general applicability, enacted after land is added to an agricultural protection area, shall apply to land in an agriculture protection area, and shall be presumed to bear a direct relationship to public health or safety, and to not unreasonably restrict farm structures or farm practices. If a property owner seeks to be exempt from local regulations of general applicability, the property owner shall bear the burden of proving beyond a reasonable doubt that the regulation does not bear a direct relationship to public health or safety, and that it unreasonably restricts farm structures or farm practices, using the statement outlined in division (E) below.
(C) Local regulations, including zoning regulations, that only effect the A Zone or land in agriculture protection areas, which are enacted after land is added to an agricultural protection area, are presumed to be applicable to land in agriculture protection areas. If a property owner seeks to be exempt from such local land use regulations, including zoning regulations, the property owner shall bear the burden of proving by a preponderance of the evidence that they are exempt from the regulation under U.C.A. Title 17, Chapter 41, Part 4, using the statement outlined in division (E) below.
(D) Land within an agriculture protection area that is changed from A-1 to another zoning designation shall be presumed to remain subject to the zoning designation in effect when the land was added to an agriculture protection area. The property owner shall follow the statement outlined in division (E) below to let the land use authority know of the exemption, and then the land use authority shall bear the burden of proving by the preponderance of the evidence that the land is subject to the new zoning designation at issue. If the A Zone is dissolved or called by another name, the land shall be considered part of the zoning designation which is functionally the closest to the A Zone, and the property owner may seek exemption from individual local regulations, including zoning regulations, using the procedure outlined in division (E) below.
(E) If a property owner desires to have a local law, ordinance or regulation, including a zoning regulation or zoning designation, not apply to land in the agricultural protection area because its applicability is limited by U.C.A. Title 17, Chapter 41, Part 4, the property owner shall submit a statement with any applicable land use application indicating:
(1) What regulation is not applicable to the land;
(2) When the regulation was enacted;
(3) What alternative regulation is applicable, if any;
(4) When the land was added to an agriculture protection area, and a statement that the land is still in an agriculture protection area;
(5) How the enactment or application of the land use regulation to the land is prohibited by U.C.A. Title 17, Chapter 41, Part 4; and
(6) Any other information reasonably requested by the Planning and Zoning Department or the legislative body.
(F) The applicability of the local land use regulations, laws, ordinances or regulations shall be determined by the land use authority as part of the approval or denial of the associated land use application. Any appeals shall be made using the processes for an appeal of the associated land use decision. Determinations shall be made on an individual land use application basis, and determinations shall not be applicable to other land use applications.
(G) Any complaints of violations of the land use and development code for property in an agriculture protection area may be required by the Planning and Zoning Department to demonstrate that the alleged violation would not be afforded protection due to the property’s status in an agriculture protection area in order to be considered for an enforcement action. Nevertheless, the Planning and Zoning Department retains sole discretion on whether or not to bring an enforcement action by the Planning and Zoning Department.
(Ord. 2024-5-3, passed 5-13-2024; Ord. 2024-5-4, passed 5-13-2024) Penalty, see § 154.999