Article 1 General Provisions Revised 11/16

1.1 Title

This LUC shall be known and may be referred to as the “Land Use Code of Grand County” or simply as this “LUC,” or as the “Land Use Code.”

1.2 Authority

This LUC and the Official Zoning Map are adopted pursuant to the powers granted and limitations imposed under Title 17-27-101 et. seq. and Title 17-27-801 to 17-27-803 of the Utah Code, 1953, as amended.

1.3 Applicability

The provisions of this LUC shall apply to the development of all land within Grand County, unless specifically provided otherwise in this LUC.

1.4 Enactment and Repeals

Upon the adoption of this LUC, the following are hereby repealed in their entirety: The General Zoning Ordinance of Grand County, Utah originally adopted Sept. 18, 1978 with Ordinance #134 together with all amendments thereto; the Subdivision Ordinance originally adopted Sept. 18, 1978 with Ordinance #115; together with all amendments thereto; and any other ordinance, resolution or regulation inconsistent with this LUC.

1.5 Purpose

The LUC is adopted for the purpose of promoting the health, safety and general welfare of the Citizens of Grand County. It is adopted in accordance with, and is intended to implement, Grand County General Plan, as adopted by Resolution #2976 on February 7, 2012. More specifically, this LUC is intended to do one (1) or more of the following:

A.    Encourage orderly development of property, with respect for the property rights of Grand County citizens.

B.    Facilitate the provision of adequate transportation, water, sewerage, schools, parks and other public facilities and services.

C.    Promote development predictability.

D.    Prevent overcrowding of buildings and sites to the detriment of rural community character.

E.    Promote safety from fires, floods, traffic hazards and other dangers.

F.    Protect the tax base of the county and promote the development of a more attractive and wholesome environment.

G.    Discourage development that poses unreasonable public costs in providing adequate public facilities and services.

H.    Establish a process that effectively and fairly applies the regulations and standards of this LUC, respecting the individual and collective rights of property owners and other citizens.

1.6 Minimum Standards; Conflict with Private Restrictions

The provisions of the LUC are the minimum standards necessary to accomplish its stated purposes. It is not the intent of this LUC to interfere with, abrogate, or annul any private easement, covenant, deed restriction or other agreement between private parties. When the provisions of this LUC impose a greater restriction than imposed by such private agreements, the provisions of this LUC shall control. When private agreements impose a greater restriction than imposed by this LUC, such private agreements shall control.

1.7 Fees

A.    Fees for the processing of land use applications for proposed developments shall be set by resolution of the County Council commensurate with the level of service. Such fees may include all costs occasioned to the County, including publication of notices, public hearing and review costs, planning, and engineering, legal and other professional review costs.

B.    No person or entity owing money to the County, in any amount or for any purpose, including delinquent taxes certified by the County Treasurer or any application fees, may be granted any development approval, and the County and any of its boards, commissions, departments, officers or agents will take no action on a Zoning Development Permit or other land use application until all moneys owed the County by an Applicant are paid. This provision shall not prohibit the County or any of its designees from conducting a pre-application conference or determining completeness. Furthermore, this provision shall not prevent the approval of a Zoning Development Permit or other land use application to an applicant that is in the process of litigating or arbitrating a disputed claim with the County.

1.8 Enforcement

A.    The County, the County Attorney, or any owner of real estate within the county may, in addition to other remedies provided by law, institute: injunctions, mandamus, abatement, or any other appropriate actions; or proceedings to prevent, enjoin, abate, or remove the unlawful building, use or act. The County need only establish the violation to obtain the injunction.

B.    The County may enforce the requirements of the LUC by withholding building permits. It is unlawful to erect, construct, reconstruct, alter or change the use of any building or other structure without approval of a Zoning Development Permit and a Building Permit. The County may not issue a building permit unless the plans of and for the proposed erection, construction, reconstruction, alteration, or use fully conforms to the provisions of this LUC.

C.    Any person aggrieved by a violation or apparent violation of the provisions of this LUC may file a written complaint with the Zoning Administrator, who shall investigate such complaint and take the appropriate action to have the violation penalized or removed, if such violation is found to exist.

D.    When it is determined that there has been a violation of any provision of the LUC, the Zoning Administrator shall consult with the County Administrator and the County Attorney. Written legal notice of violation shall be served in the following manner:

1.    Determine and include a list of violations, refer to the section or sections of the LUC violated;

2.    Determine and specify a time for compliance with relevant LUC provisions 21 days from the service of the notice; and

3.    Serve the notice on the owner, occupant, operator, lessee, agent or other responsible party in person, provided that such notice and requirement shall be deemed to be properly served on such responsible party if a copy thereof is delivered to, posted on, or sent by registered or certified mail to his/her last known mailing address, residence or place of business.

1.9 Penalties for Violation

A.    Any person, firm, entity or corporation who shall violate any of the provisions of this LUC or who shall fail to comply with any provisions hereof within Grand County shall be guilty of a Class C misdemeanor and upon conviction shall be subject to a fine and imprisonment for up to 90 days. Any person violating any of the provisions of this LUC shall be fined up to $750 upon conviction and any corporation or other entity violating any provisions of this LUC shall be fined up to $1000. The minimum penalty for a single violation of any provision of this LUC shall be $100, and each day that such violation continues shall be considered a separate offense.

B.    Title 17-27-811(1)(a) of the Utah Code prohibits the county recorder from recording a subdivision plat without the approvals required by this LUC. Any subdivision plat filed or recorded without the approvals required by this LUC shall be void.

C.    Any person, being the owner or agent of the owner of any land located within a subdivision, who transfers or sells, agrees to sell, or negotiates to sell any land by reference to or exhibition of or by use of a plat of a subdivision before such plat has been approved by the County Council and recorded or filed in the office of the Grand County Recorder shall be charged with a Class C misdemeanor and if convicted of such charges, shall pay a penalty to the County of up to $1000 for each lot or parcel so transferred, or sold, or agreed or negotiated to be sold. The County Council of Grand County shall have the power to bring an action to enjoin the owner or agent of the owner from selling lots in a subdivision prior to approval of the subdivision by the County Council in accordance with the provisions of this LUC. This provision shall not be interpreted as preventing the owner or agent of the owner of land located in a proposed subdivision from exhibiting a proposed plat to a prospective buyer(s) and even negotiating with such buyer(s), provided it is made clear that any negotiations and/or commitments to sell are subject to the final approval of the proposed plat by the County.

D.    The penalties provided herein shall be cumulative of other remedies provided by state law.

1.10 Nonconforming Provisions Revised 11/16

1.10.1 Nonconforming Uses and Structures

The burden of establishing that a nonconforming use or structure lawfully exists under this LUC shall, in all cases, be the owner’s and not Grand County’s.

1.10.2 Nonconforming Status

The use of land, use of a structure, or a structure itself shall be deemed to have nonconforming status when each of the following conditions is satisfied:

A.    The use or structure does not conform to the regulations prescribed in the district in which such use or structure is located and was in existence and lawfully constructed, located and operating prior to, and at the time of the event that made such use or structure nonconforming.

B.    The event that made such use or structure nonconforming was one (1) of the following: boundary adjustment of Grand County, adoption of this LUC or a previous Zoning Ordinance, or amendment of this Zoning Ordinance.

C.    The nonconforming use or the use occupying the nonconforming structure has been operating since the time that the use or structure first became nonconforming without abandonment, as abandonment is defined in Section 1.10.6 of this LUC.

1.10.3 Expansion

Except as provided in this section, no nonconforming use may be expanded or increased. A non-conforming use may be extended through the same building, provided no structural alteration of the building is proposed or made for the purpose of the extension.

1.10.4 Change of Use

A.    Any nonconforming use may be changed to a conforming use and once such change is made, the use shall not thereafter be changed back to a nonconforming use.

B.    Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use by securing a Zoning Development Permit.

C.    A change from one (1) nonconforming use to another nonconforming use may be made by securing a Zoning Development Permit provided such change is to a more restrictive, less impactive use according to the provisions of this zoning ordinance and the determination of the Zoning Administrator, although remaining nonconforming.

1.10.5 Ordinary Repair and Maintenance

Normal maintenance and incidental repair may be performed on a conforming structure that contains a nonconforming use or on a nonconforming structure. This section shall not be construed to prevent the strengthening or restoration to a safe condition of a structure in accordance with an order of the Building Official who declares a structure to be unsafe and orders its restoration to a safe condition.

1.10.6 Abandonment

Whenever a nonconforming use or a conforming use in a nonconforming structure is abandoned, all nonconforming rights shall cease and the use of the premises shall henceforth conform to this LUC. Abandonment shall involve the actual act of discontinuance, regardless of the intent of the user or owner to discontinue a nonconforming operation. Any nonconforming use that is discontinued for, or that remains vacant for a period of 6 months, shall be considered to have been abandoned. Any nonconforming use that is moved from the premises shall be considered to have been abandoned.

1.10.7 Destruction

If a nonconforming structure or a structure occupied by a nonconforming use is destroyed by fire, the elements or other cause, it may not be rebuilt except to conform to the provisions of this LUC. In the case of partial destruction of a structure occupied by a nonconforming use not exceeding 50 percent of its replacement value, reconstruction may be permitted by the Zoning Administrator, provided, however:

A.    The size and function of the nonconforming use shall not be expanded; and

B.    Work on the restoration of the use must begin within 3 months and be completed within twelve months of the time of the calamity.

1.10.8 Nonconforming Lots Revised 11/16

A single-family dwelling and customary accessory buildings may be developed on a lot that has less area than the minimum required by the underlying zone district and was an official “lot of record” prior to the adoption of the Grand County Zoning Ordinance [Sept. 18, 1978], if the proposed single-family dwelling can be located on the lot so that the yard, height, and other dimensional standards of the underlying zone district can be met, or a variance is obtained from the Hearing Officer pursuant to Section 9.14. [Ord. 537, 2015.]

1.11 Severability

It is hereby declared to be the intention of Grand County Council that the sections, paragraphs, sentences, clauses and phrases of this LUC are severable, and if any phrase, clause, sentence, paragraph or section of this LUC shall be declared unconstitutional or invalid for any reason, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this LUC, since the same would have been enacted by the County Council without the incorporation in this LUC of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section.

1.12 Commentaries

Whenever a provision of this LUC requires additional explanation to clarify its intent, a “Commentary” is included. They have no regulatory effect, but rather are intended solely as a guide for administrative officials and the public to use in understanding and interpreting this LUC.