Grand County Unincorporated
City Zoning Code

Pre-Application Mandatory Conference. A mandatory pre-application conference with the Zoning Administrator to discuss procedures, standards, or regulations shall be required for:

Optional Conference. A pre-application conference is recommended for all other applications. Applicants are encouraged to attend an optional pre-application conference with a Zoning Administrator prior to submitting any application. (The pre-application conference provisions of this section do not apply where the application or action is initiated by the County Commission or Planning Commission.)

Property Owner Endorsement. All applications shall include the name and signature of the current property owner of record of all property within the boundaries.

Preliminary Title Report. All applications required under this LUC shall include a preliminary title report from a licensed title company or attorney listing the name of the property owner(s) and all liens, easements and judgments of record affecting the subject property. Title report must be dated within three months of application submission and updated within 15 days of the Zoning Administrator’s submission to legal review.

Forms and Content. Applications required under this LUC shall be submitted on forms, with any requested information and attachments and in such numbers as required by the Zoning Administrator. The Zoning Administrator shall have the authority to request any pertinent information required to ensure compliance with this LUC. Likewise, the Zoning Administrator may waive any submittal requirements deemed irrelevant in a given application.

Electronic Submission. Plats shall be prepared and submitted in digital format acceptable to the Zoning Administrator and compatible with the County’s geographic information system. Plats shall be submitted in the latest version of AutoCAD, or other format compatible with the County GIS as may be specified by the Zoning Administrator (currently preferred in State Plane Coordinates – Utah Central Zone or the Valley Coordinate System) with all measurements stated in feet.

Fees.

Vicinity Map. A vicinity map, which may be a USGS one inch equals 2,000 feet scale, shall locate the property relative to surrounding areas.

Statement of Authority. Where the applicant is an entity, a statement of authority or other corporate governing document(s) evidencing signatory authority to act for and bind the entity must accompany the application.

Public Notice All required public notices shall be made as follows, which includes posting on the Utah Public Notice Website and the official County website for each public meeting or hearing. All costs and fees associated with mailing notice shall be the sole responsibility of the applicant.

Affidavit re: Notice. Prior to each public meeting or public hearing date, the applicant shall submit to the County a notarized affidavit regarding notice which attests that applicant gave required public notice pursuant to state law under the applicable section set forth in subsection A of this section.

Notice of Meetings and Hearings.

Notice of Decision. A Zoning Administrator shall provide notice of the decision to the applicant within 10 days of the final decision on each land use application.

The County shall provide written notice to the municipality of the proposed development; and

Within 90 days after the County’s written notice of the proposed development, the municipality shall either:

Where the municipality chooses to submit a written objection, within a reasonable time after receiving said objection, the County shall respond in writing to the municipality’s objections and make a diligent attempt to reasonably reconcile said objections.

The name, address, and telephone number of the applicant shall be provided;

The application shall clearly state the requested change or amendment and describe the property to be affected by such request by metes and bounds or by other legal description;

The application shall be accompanied by a preliminary title report from a licensed title company or attorney listing the name of the property owner(s) and all liens, easements and judgments of record that affect the title to the subject property;

A statement from the County Treasurer showing the status of all current taxes due on said parcel;

Certified boundary survey of land area to be rezoned, along with an indication of the existing zoning, predominant existing uses, and existing zoning designations within 100 feet in all directions of the boundary of the land area to be rezoned;

A list of surrounding property owners and their legal mailing addresses within 1,000 feet of the exterior boundary of the parcel proposed to be zoned or rezoned;

A statement by the applicant explaining the rationale for the rezoning request relative to the issues for consideration imposed by Section 9.2.5; and

A filing fee shall be submitted to cover the cost of review and processing with every application in accordance with the fee schedule adopted by resolution of the County Commission.

Public Hearing Required. The Planning Commission shall hold a public hearing on any proposed amendment permit prior to making its recommendation to the County Commission.

Public Notification. Public notice shall be made in accordance with the requirements of Section 9.1.8, Public Notice Requirements.

Notice of Decision. The Zoning Administrator shall provide a notice of the decision to the applicant within 10 days of the Planning Commission’s recommendation for approval or denial.

Public Hearing Required. Public Hearing shall be held in accordance with Section 9.1.9, Required Hearings.

Public Notification. Public notice shall be made in accordance with the requirements of Section 9.1.8, Public Notice Requirements.

Exception. When the zoning district map in any way is to be changed or amended incidental to, or as a part of, a general revision of this LUC, whether such revision be made by repeal of the existing zoning and/or land use regulations and enactment of new zoning and/or land use regulations, or otherwise, posting of notice on the land area proposed for rezoning shall not be required.

Was the existing zone for the property adopted in error?

Has there been a change of character in the area (e.g., installation of public facilities, other zone changes, new growth trends, deterioration, development transitions, etc.)?

Is there a need for the proposed use(s) within the area or community?

Will there be benefits derived by the community or area by granting the proposed rezoning?

Is the proposal in conformance with the policies, intents and requirements of Grand County General Plan, specifically the plan’s zoning map amendment guidelines (see pages 44-48 of the Grand County General Plan)?

Should the development be annexed to a city?

Is the proposed density and intensity of use permitted in the proposed zoning district?

Is the site suitable for rezoning based on a consideration of environmental and scenic quality impacts?

Are the proposed uses compatible with the surrounding area or uses; will there be adverse impacts; and/or can any adverse impacts be adequately mitigated?

Are adequate public facilities and services available to serve development for the type and scope suggested by the proposed zone? If utilities are not available, could they be reasonably extended? Is the applicant willing to pay for the extension of public facilities and services necessary to serve the proposed development?

Does the proposed change constitute “spot zoning”?

Authority. The Zoning Administrator shall have the authority to make all interpretations of the text of this LUC, and the boundaries of the official zoning map.

Requests for Interpretation. An interpretation may be requested by any affected person, any resident or real property owner in Grand County, or any person having a contractual interest in real property in Grand County.

Procedures.

Definition.

Criteria for Approval.

Zoning Administrator Determination of Completeness and Recommendation of Approval or Denial. A Zoning Administrator, in consultation with applicable County departments, shall review the application for minor subdivision and deem it complete or request additional information within 30 days or within a reasonable time thereafter. Upon a determination of completeness, a Zoning Administrator shall make a recommendation for approval or denial of the minor subdivision to the Chairperson of the County Commission.

Recommendation of Denial by Zoning Administrator. If the Zoning Administrator recommends denial of the minor subdivision, or deems the application incompatible with the Land Use Code, the Zoning Administrator shall provide a statement of the reasons for such determination.

Review by Planning Commission. In the event of a denial of a minor subdivision by the Zoning Administrator, such application shall be placed on the next Planning Commission agenda, upon request of the applicant, for final review and action in accordance with the requirements of this section. The Planning Commission shall make a recommendation for approval or denial to the County Commission, at a public meeting.

Approval by the County Commission. The County Commission shall take final action to approve, approve with conditions or deny minor subdivision applications.

Boundary Lines and Bearings. Boundary lines, bearings, and distances sufficient to locate the exact area proposed for subdivision. At least one subdivision corner shall be referenced to a survey (abstract) corner. The area, in acres, of the subdivision shall also be shown.

Adjacent Subdivisions. The name and location of a portion of adjoining subdivisions shall be drawn to the same scale and shown in dotted lines adjacent to the tract proposed for subdivisions in sufficient detail to show actually the existing lots, streets, alleys and other features that may influence the layout and development of the proposed subdivisions. Where adjacent land is not subdivided, the name of the owner of the adjacent tract shall be shown.

Intersecting Streets. The angle of intersection of the centerline of all intersecting streets.

Proposed Streets, Alleys and Easements. The names, location and widths of all streets, alleys and easements proposed for the subdivision, and all known rights-of-way and/or easements within or affecting the area to be subdivided.

Proposed Blocks, Lots and Parks. The subdivision shall show all proposed streets and alleys, easements, blocks, lots, parks, etc., with principal dimensions.

Contours. Existing topographic contours at five-foot intervals and all easements or rights-of-way necessary for drainage within or without the boundaries of the addition.

Subdivision Title and Planner. The title under which the proposed subdivision is to be recorded, the name of the owner and the name of the engineer or land planner who prepared the plat.

Dedicated Parks, Playgrounds and Other Public Uses. Sites, if any, to be reserved or dedicated for parks, playgrounds or other public uses.

Scale, North Point, Property Information.

Drainage Report. A general drainage report or drainage statement shall accompany the preliminary plat. This study or report shall show the acreage draining into the subdivision, points of runoff through and away from the subdivision.

Protective Covenants. Draft of any protective covenants where the subdivider proposes to regulate land use or development standards in the subdivision.

Proposed Land Uses. A designation of the proposed uses of land within the subdivision and any zoning amendments proposed to be requested.

Vicinity Map. A vicinity map on a smaller scale showing the proposed subdivision and its relationship to the surrounding area and County limits.

Application Fee. A filing fee shall be submitted to cover the cost of review and processing with every preliminary plat in accordance with the fee schedule adopted by resolution of the County Commission.

Preliminary Master Plan. If the proposed subdivision is a portion of a tract that is later to be subdivided in its entirety, then a tentative master plan of the entire subdivision shall be submitted with the preliminary plat of the portion first to be subdivided. The master subdivision plan shall conform in all respects to the requirements of the preliminary plat; except it may be on a scale of not more than one inch to 100 feet, or other staff-approved scale.

Optional Architectural and Landscaping Plan.

Determination of Completeness. The Zoning Administrator is responsible for determining the completeness of the preliminary plat application submitted, pursuant to Section 9.1.6.

Distribution of Preliminary Plat. The Zoning Administrator shall distribute the preliminary plat immediately upon receipt to appropriate referral agencies which may include the following:

Action by Zoning Administrator. Following review of the preliminary plat and other materials submitted for conformity thereof to these regulations, and negotiations with the subdivider on changes deemed advisable and the kind and extent of improvements to be made by the subdivider, the Zoning Administrator shall either recommend approval or denial and the conditions of such approval, if any, or if recommending denial, shall express its recommendation for denial and its reasons therefor.

Notice of Decision. The Zoning Administrator shall provide notice of the decision to the applicant within 10 days of the decision.

Not Approval of Final Plat. Conditional approval of a preliminary plat shall not constitute approval of the final plat or vest the applicant with any legal rights in the subdivision proposal. Rather, it shall represent confirmation by the Zoning Administrator that the preliminary plat is consistent with the requirements of the Land Use Code.

Lapse of Approval. An applicant shall have 12 months from the date of the Zoning Administrator’s approval of the preliminary plat to record the final plat (or the first phase, if a phased development), and the general terms and conditions under which the preliminary approval was granted shall not be changed. The County Commission may extend this deadline for good cause shown at the request of the subdivider.

Control Points; Acres. The primary control points, or descriptions and “ties” to such control points, to which all dimensions, angles, bearings, and similar data on the plat shall be referred shall be placed on the final plat. The area of the subdivision, in acres, shall be shown.

Boundary Lines and Bearings. Tract boundary line sufficient to locate the exact area proposed for subdivision, rights-of-way lines of streets, easements and other rights-of-way, and property lines of residential lots and other sites; with accurate dimensions, bearings or deflection angles, and radii, arcs and central angles of all curves shall be placed on the final plat.

Streets. Name and rights-of-way width of each street or other rights-of-way shall be placed on the final plat with a label indicating whether they are private or public.

Easements. Location, dimensions, and recordation information, if applicable, of all easements listed in the Title Report and those to be reserved by plat shall be placed on the final plat.

Lot and Block Numbers. Number to identify each lot or site and each block, and the dimensions of lots and blocks, shall be placed on the final plat. Lot numbers in phased subdivisions shall be sequential.

Purpose of Sites. The purpose for which sites, other than residential lots, are dedicated or reserved shall be indicated on the final plat.

Building Lines. Minimum building setback lines when required or approved by the Planning Commission shall be placed on the final plat.

Monuments. Location and description of monuments shall be placed on the final plat. Monuments shall include centerline monuments at all curve points and intersections.

Adjacent Land. References to recorded subdivision plats or adjoining platted land by record name shall be placed on the final plat.

Surveyor’s Certificate and Legal Description.

A legal description and surveyor’s certificate, in the following form, shall be placed on the final plat:

Approval Certification.

Certification of approval by the County Commission and County Engineer, in the following form, shall be placed on the final plat:

Title; Scale. A title, scale, and north point shall be placed on the final plat.

Street Intersections. The location of the point of intersection and points of tangency of street intersections, and the bearing and distance of each street rights-of-way center line shall be placed on the final plat.

Plat Identification. A positive reference and identification of the plat and date of plat shall be placed on the final plat.

Dedication Certificate.

Plat Notes.

Tax Certificates. Tax certificates indicating that all taxes on the land being subdivided have been paid to the current year shall be submitted with the final plat.

Construction Plans and Cost Estimate. A digital copy of the plans for required improvements along with all data and calculations related to utilities, drainage or other construction in the subdivision and a cost estimate shall be submitted with the final plat. The construction plans shall conform to all requirements of the current construction design standards for Grand County. The cost estimate shall bear the signature and seal of the design engineer. Such plans shall also show all existing or proposed surface and subsurface improvements and obstructions.

Subdivision Improvements Agreement. A subdivision improvements agreement for all required public improvements in accordance with the requirements of this section.

Title Report. An updated title report from a licensed title company or attorney listing the name of the property owner(s) and all liens, easements and judgments of record affecting the subject property shall be submitted within 15 days of the Zoning Administrator’s submission of the final plat application to legal review.

Filing Fee. A filing fee to cover the cost of review in accordance with the fee schedule adopted by resolution of the County Commission.

Condominiums. Additional submission requirements for condominium subdivisions. In addition to the above submission requirements, applications for condominium subdivisions shall be subject to the applicable provisions of Utah Code § 57-8a-101, et seq., as amended.

Date of Filing. After approval of the preliminary plat by a Zoning Administrator and within 12 months of the approval date unless extended by action of the County Commission for good cause shown by the applicant, the subdivider may submit for approval the final plat. The application, meeting all the requirements of Section 9.5.1, shall be submitted to a Zoning Administrator prior to the meeting at which consideration is desired. The official filing date of the final plat shall be the date upon which the plat and construction drawings are found to be in full compliance with the provisions of the preliminary approval after examination by a Zoning Administrator and the review fees which are established by ordinance of the County Commission have been paid.

Conformance with Preliminary Plat. The final plat shall conform substantially to the preliminary plat as approved and, if desired by the subdivider, it may constitute only that portion of the approved preliminary plat that he or she proposes to record and develop at the time; provided, however, that such portion conforms to all requirements of these regulations.

Review of Final Plat. After determining the final plat application complies with the requirements of this Land Use Code and provides for adequate rights-of-way for future roads and trails and easements for proposed or future utility service and surface drainage, the Zoning Administrator shall submit the application to the County Engineer, the County Attorney, any district providing utility service for review and to any other appropriate referral agencies for review. The County Engineer, the County Attorney, and other referral agencies shall review the plans and submit comments to a Zoning Administrator for inclusion in the final plat presentation. The developer shall pay the reasonable cost of review of the construction plans before the final plat is presented to the County Commission.

Review by County Commission.

Required Improvements.

Subdivision Improvement Agreements and Guarantees. Prior to the recording of a final plat, a subdivider shall submit for approval to a Zoning Administrator a subdivision improvements agreement and financial guarantee for construction of any required improvements designated on the approved final plat or construction plans in accordance with the requirements of this section.

Engineering Inspection and Tests.

Time Frame for Completion.

Partial Acceptance and Reduction of Security.

Collateral Release Procedure.

Final Acceptance. Final acceptance of the subdivision improvements and release of the warranty bond shall be made by resolution of the County Commission in accordance with the requirements of this section.

Completion of Subdivision Improvements. Completion of the subdivision improvements shall be verified by the following findings:

Maintenance of Subdivision Improvements. Upon final acceptance, maintenance of the completed subdivision improvements shall be assumed by one of the following as determined by the County Commission:

Warranty Bond Release. Release of the warranty bond required by subsection B.7 of this section shall occur following final acceptance of the required improvements in accordance with the approved standards and specifications.

Definitions of terms contained therein;

Provisions acceptable to the County for the establishment and organization of the mandatory homeowners’ association and the adoption of bylaws for said association, including provisions requiring that the owner(s) of any lot or lots within the applicable subdivision and any successive buyer(s) shall automatically and mandatorily become a member of the association;

The initial term of the agreements, covenants and restrictions establishing and creating the association shall be for a 25-year period and shall automatically renew for successive 10-year periods, and the association may not be dissolved without the prior written consent of the County;

Provisions acceptable to the County to ensure the continuous and perpetual use, operation, maintenance, and/or supervision of all facilities, structures, improvements, systems, areas or grounds that are the responsibility of the association and to establish a reserve fund for such purposes;

Provisions prohibiting the amendment of any portion of the association’s agreements, covenants or restrictions pertaining to the use, operation, maintenance and/or supervision of any facilities, structures, improvements, systems, areas or grounds that are the responsibility of the association without the prior written consent of the County;

The right and ability of the County or its lawful agents, after due notice to the association, to remove any landscape systems, features or elements that cease to be maintained by the association; to perform the responsibilities of the association if the association fails to do so in compliance with any provisions of the agreements, covenants or restrictions of the association or of any applicable County codes or regulations; to assess the association for all costs incurred by the County in performing said responsibilities if the association fails to do so; and/or to avail itself of any other enforcement actions available to the County pursuant to state law or County codes or regulations;

Provisions indemnifying and holding the County harmless from any and all costs, expenses, suits, demands, liabilities or damages, including attorney’s fees and costs of suit, incurred or resulting from the County’s removal of any landscape systems, features or elements that cease to be maintained by the association or from the County’s performance of the aforementioned operation, maintenance or supervision responsibilities of the association due to the association’s failure to perform said responsibilities;

Provisions stating that the association shall indemnify and hold the County harmless for claims based on the County’s inaction; and

Provisions stating that Grand County shall have neither the right nor the responsibility to enforce private covenants except in accordance with the provisions of Section 9.6.1.

The resulting lots will not be occupied long term, but rather they will only be occupied on a seasonal basis; and year-round, vehicular access is not available;

The proposed subdivision is sufficiently removed from other areas served by public facilities and public road maintenance as to make the extension of such public facilities and maintenance unlikely in the foreseeable future;

The proposed subdivision shall conform with the subdivision standards of Article 7; provided, however, where appropriate and at the discretion of the County Commission:

A private access tract may be permitted to serve up to six lots in a recreational subdivision; and

Water hauling or an on-site cistern may be allowed for a single recreational property with water storage capacity of at least 1,000 gallons in a tank that is approved for culinary water storage; and

Each dwelling unit shall be designed and sited in conformance with the wildfire standards of Section 6.9.6.

The purpose is to correct an error in any course or distance shown on the prior plat.

The purpose is to add any course or distance that was omitted on the prior plat.

The purpose is to correct an error in the description of the real property shown on the prior plat.

The purpose is to indicate monuments set after death, disability, or retirement from practice of the engineer or surveyor responsible for setting the monuments.

The purpose is to show the proper location or character of any monument that has been changed in location or character or that originally was shown at the wrong location or incorrectly as to its character on the prior plat.

The purpose is to correct any other type of clerical error or omission in the previously approved plat.

The purpose is to correct an error in courses and distances of lot lines between two adjacent lots where both lot owners join in the application for amendment and neither lot is abolished; provided, that such amendment does not have a material adverse effect on the property rights of the owners in the plat.

The purpose is to relocate a lot or boundary line in order to cure an inadvertent encroachment of a building or improvement on a lot or boundary line or on an easement.

No new lot results from the lot line adjustment;

The adjoining property owners consent to the lot line adjustment;

The lot line adjustment does not result in a remnant of land that did not previously exist;

The adjustment does not result in a violation of applicable zoning requirements; and

The application has been reviewed and approved by a Zoning Administrator prior to recordation in Grand County Recorder’s office.

Submittal Requirements A conditional use permit application shall be submitted to a Zoning Administrator. The application shall be accompanied by or show the following information on a map submitted in electronic form:

Distribution of Conditional Use Applications. A Zoning Administrator shall distribute the conditional use application upon determination that the application is complete, to appropriate referral agencies which may include the following:

Public Notification. Public notice shall be made in accordance with the requirements of Section 9.1.8, Public Notice Requirements.

Effect on Environment. The location, size, design and operation characteristics of the proposed use shall not be detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants, nor be substantially or permanently injurious to neighboring property, nor cause substantial or permanent interference with the right to peaceful enjoyment of property.

Compatible with Surrounding Area. The proposed site plan, circulation plan and schematic architectural designs shall be complementary with the character of the surrounding area with relationship to scale, height, landscaping and screening, building coverage, and density.

External Impacts Minimized. The proposed use shall not have detrimental effects which cannot be mitigated on existing uses in the area and in the County through the creation of noise, glare, fumes and odors, dust, smoke, vibration, fire hazard, excessive light, or other injurious or noxious impact. The applicant shall provide adequate mitigation responses to these impacts.

Infrastructure Impacts Minimized. The proposed use shall not have detrimental effects which cannot be mitigated negative on existing uses in the area and in the County through impacts on public infrastructure such as roads, parking facilities and water and sewer systems, and on public services such as police and fire protection and solid waste collection, and the ability of existing infrastructure and services to provide services adequately.

Consistent with LUC and General Plan. The proposed use will be consistent with the purposes of this LUC, the General Plan, and any other statutes, ordinances or policies that may be applicable, and will support rather than interfere with the uses otherwise permitted in the zone in which it is located.

Parcel Size. The proposed use may be required to have additional land area, in excess of the lot area otherwise allowed by the underlying zoning district, as necessary to ensure adequate mitigation of impacts on surrounding land uses and the zoning district.

The County may, in the interest of the public welfare and to assure compliance of this LUC, establish reasonable conditions to mitigate the reasonably anticipated detrimental effects of the proposed use, such as conditions related to the operation, location, arrangement and construction of any use for which a permit is authorized. In authorizing the location of any use listed as a conditional use permit, the County may impose such development standards and safeguards as the conditions and location indicate important to the welfare and protection of adjacent property, the neighborhood and the County from noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glare, traffic circulation or other undesirable or hazardous conditions. In addition, where conditional uses involve significant alteration of the landscape or pose potential threats to the scenic quality of the County, reclamation bonds may be required as deemed necessary to ensure reclamation of disturbed sites to their natural, original or other substantially beneficial condition consistent with local plans to the extent practicable, and to protect the County’s recreation-base economy, as determined by the County Commission. Applicants may be required to post sufficient security, as deemed reasonably necessary by the County Commission, to guarantee that the final reclamation shall be accomplished within one year of the cessation of the permitted activity/facility; a surety bond approved by the County Attorney may be acceptable.

Conditional use permits may be denied if the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or by the imposition of reasonable conditions to achieve compliance with the criteria of Section 9.10.5.

Conditions of approval may include a requirement that the applicant submit an annual statement of compliance detailing how the applicant has complied with terms of the permit, including a detailed and specific report on steps taken in the prior year to comply with other applicable local, state and federal requirements and laws. The Administrator shall review and approve such annual statement where the applicant is continuing to comply with the applicable requirements of the conditional use permit. Where the Administrator determines that the applicant is in violation of any requirement of this LUC or conditions of approval, the Administrator shall revoke said permit in accordance with the requirements of Section 9.10.7. Alternatively, and at the discretion of the Administrator, such permit may be referred to the County Commission for review.

The applicant has misrepresented any material fact on his or her application, or supporting materials;

The conditional use fails or ceases to comply with applicable standards, conditions or criteria for issuance of a permit;

The operation of the conditional use violates any statute, law, ordinance or regulation; and/or

The operation of the conditional use constitutes a nuisance or poses a real or potential threat to the health, safety or welfare of the public.

The street address and legal description of the property affected;

A detailed description of the grounds for the claim that there has been a constitutional taking and of the property taken;

Evidence and documentation as to the value of the property, including the date and cost at the date the property was acquired, both before and after the alleged constitutional taking. This should include the name of the party from whom the property was purchased, including the relationship, if any, between the person requesting a review and the party from whom the property was acquired;

Nature of the prosecutable interest claimed to be affected, such as, but not limited to, fee simple ownership or leasehold interest;

Terms (including sale price) of any previous purchase or sale or a full or partial interest in the property in the three years prior to the date of application;

All appraisals of the property prepared for any purpose, including financing, offering for sale, or ad valorem taxation, within the three years prior to the date of application;

The assessed value of ad valorem taxes on the property for the previous three years;

All information concerning current mortgage or other loans secured by the property, including the name of the mortgagee or lender, current interest rate, remaining loan balance and term of the loan or other significant provisions, including but not limited to right of purchasers to assume the loan;

All listings of the property for sale or rent, price asked, and offers received, if any, within the previous three years;

For income producing property, an itemized income and expense statement from the property for the previous three years;

The County Commission or their designee may request additional information reasonably necessary in their opinion to arrive at a conclusion concerning whether there has been a constitutional taking;

A preliminary title report from a licensed title company or attorney listing the name of the property owner(s) and all liens, easements and judgments of record affecting the subject property dated within 30 days of the submission of the petition; and

A filing fee to cover the cost of review in accordance with the fee schedule adopted by ordinance of the County Commission.

Submittal Requirements.

Notification Requirements.

There are special circumstances existing on the property on which the application is made related to size, shape, area, topography, surrounding conditions and location that do not apply generally to other property in the same area and zone district;

That a variance is necessary to permit the applicant the same rights in the use of this property that are presently enjoyed under this LUC, by other properties in the vicinity and zone, but which rights are denied to the subject property;

That the granting of the variance on the specific property will not be inconsistent with the General Plan of Grand County;

That the variance, if granted, will be no material detriment to the public welfare or injury to the use, enjoyment or value of property in the vicinity;

That such unnecessary hardship has not been created by the applicant; and

That the proposed use is a permitted use in the underlying zone district.

General. Issuance of a variance permit shall authorize only the particular variation that is approved in the variance permit.

Time Limit. Unless otherwise specified in the variance approval, an application to commence construction of the improvements that were the subject of the variance request must be applied for and approved within 12 months of the date of the approval of the variance; otherwise the variance shall automatically become null and void. Permitted time frames do not change with successive owners. Upon written request, only one extension of the 12-month time frame may be granted by the Hearing Officer for a period not to exceed 12 months for good cause shown.

It shall be unlawful to erect, construct, reconstruct, alter, paint, or repaint, or change the use of any sign as defined in this section without first obtaining a sign permit; however, a sign permit shall not be required to repaint a sign exactly as it was permitted for the purpose of maintenance.

A sign permit fee according to the International Building Code permit fee schedule shall be charged for each sign permit.

A drawing to scale of the proposed sign.

A drawing to scale of the site plan or building facade showing the proposed location of the sign.

Name, address and telephone number of the applicant.

Name, address and telephone number of the owner.

Name, address and telephone number of the person or firm responsible for the erection of the sign.

Location of the building, structure or tract to which, or upon which, the sign is to be attached or erected.

Parking, loading, and refuse areas;

Access ways, including points of ingress, egress;

Sidewalks and trails;

Fences and walls;

Location and dimensions of structures and signs;

Location and type of outdoor lighting;

Typical elevations of such buildings;

Landscaping and screening;

Topography;

Specific areas proposed for specific types of land use;

Lots or plots;

Any areas with slopes in excess of 30 percent;

Any areas in a natural drainage or the 100-year floodplain;

Existing and proposed easements, areas proposed for public dedication;

Building footprint(s), water and sewer lines, easements and drainage improvements in digital format, if available. Digital information shall be provided in the latest version of AutoCAD, or other format compatible with the County GIS as may be specified by a Zoning Administrator (currently preferred in State Plane Coordinates – Utah Central Zone or the Valley Coordinate System) with all measurements stated in feet; and

North arrow and scale.

Zoning Administrator shall consider the general development standards of Article 6 and the requirements of the underlying zone district.

In the approval or disapproval of the site plan, a Zoning Administrator shall not be authorized to waive or vary conditions and requirements contained in this LUC.

Building Permits in Conformance with Site Plan. It shall be unlawful to issue a building permit prior to the approval of the site plan by a Zoning Administrator. No building permit shall be issued except in conformity with the approved site plan or in accordance with authorized minor changes.

A change in the character of the development;

An increase in the intensity of use;

A reduction in the originally approved separations between buildings;

An increase in the external effects, including that of outdoor lighting, on adjacent property;

A reduction in the originally approved setbacks from property lines;

An increase in the problems of circulation, safety and utilities;

An increase in the height of such buildings;

An increase of more than 20 percent or 1,000 square feet, whichever is less, in ground coverage by structures;

A reduction in the off-street parking;

A change in the subject, size, lighting or orientation of originally approved signs; or

A decrease in the percentage of landscaping required.