Sevier County Unincorporated
City Zoning Code

AGRICULTURAL PROTECTION

AREA

§ 154.170 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADVISORY BOARD. The County Agriculture Protection Area Advisory Board.

AGRICULTURE PRODUCTION. Production for commercial purposes of crops, livestock and livestock products. AGRICULTURE PRODUCTION includes the processing or retail marketing of any crops, livestock and livestock products when more than 50% of the processed or merchandised products are produced by the farm operator.

AGRICULTURE PROTECTION AREA. A geographic area within the unincorporated part of the county created under the authority of U.C.A. Title 17, Chapter 41 and of this chapter, that is granted the specific legal protection contained in U.C.A. Title 17, Chapter 41.

APPLICABLE LEGISLATIVE BODY.

(1) The county legislative body if the land included in or proposed to be included in an agriculture protection area is within the unincorporated part of the county; or

(2) The legislative body of the city or town if the land included in or proposed to be included in an agriculture protection area is within the boundaries of a city or town.

CONTIGUOUS. Touching along a common side or so close in proximity as to be separated only by the width of a road, canal, railroad track, easement or similar right-of-way.

CROPS, LIVESTOCK and LIVESTOCK PRODUCTS. Includes:

(1) Land devoted to the raising of useful plants and animals with a reasonable expectation of profit, including:

(a) Forages and sod crops;

(b) Grains and feed crops;

(d) Trees and fruits; or

(e) Vegetables, nursery, floral and ornamental stock.

(2) Land devoted to and meeting the requirements and qualifications for payments or other compensation under a crop-land retirement program with an agency of the state or federal government.

PLANNING COMMISSION. The County Planning Commission, a township planning commission or a planning commission of a city or town.

POLITICAL SUBDIVISION. A county, city, town, school district, local district or special service district.

PROPOSAL SPONSORS. The owners of land in agricultural production who are sponsoring the proposal for creating an agriculture protection area.

REGULATION. A law, ordinance or regulation.

STATE AGENCY. Each department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel or other administrative unit of the state.

UNINCORPORATED. Not within a city or town.

ZONING DESIGNATION.

(1) Local laws, ordinances or regulations that govern how real property can and cannot be used in a certain zoning designation.

(2) The designation of zoning for land, as indicated on the zoning map.

(Ord. 2024-5-3, passed 5-13-2024; Ord. 2024-5-4, passed 5-13-2024)

§ 154.171 PROPOSAL FOR CREATION OF AGRICULTURAL PROTECTION AREA.

(A) (1) A proposal to create an agriculture protection area or an amendment to an existing agriculture protection area within the unincorporated part of the county may be filed by completing the standard forms created by the County Planning and Zoning Department and by filing said forms in the Office of the County Planning and Zoning Department.

(2) The written petition shall:

(a) Contain a legal description, including acreage, of the land proposed to be considered as an agriculture protection area;

(b) The names of the owners of record of the land proposed to be included within the agriculture protection area;

1. The tax parcel number or account number identifying each parcel; and

2. The number of acres of each parcel.

(d) Addressed, stamped envelopes for each owner of land within 1,000 feet of the land proposed to be included in an agriculture protection area;

(e) Contain a notarized declaration signed by the property owner(s);

(f) Contain a description of the agricultural pursuits on the property;

(g) Contain any proposed limits on the types of agriculture production to be allowed within the agriculture protection area;

(h) Contain a site plan showing structures, uses and acreages of agricultural production on the property; and

(i) Contain any other information reasonably requested by the County Zoning Administrator.

(B) (1) To be accepted for processing by the County Planning and Zoning Department, a proposal under division (A)(1)(a) above shall be signed by a majority number of all owners of real property and the owners of a majority of the land area in agricultural production within the proposed agriculture protection area.

(2) For the purpose of this division (B), the owners of real property shall be determined by the records of the County Recorder.

(C) The County Planning and Zoning Department shall accept and process such forms only if they are properly completed and accompanied by the filing fee. The filing fee is set forth in the adopted county fee schedule.

(D) An agriculture protection area may include, within its boundaries, land used for a roadway, dwelling site, park or other non-agricultural use, if that land constitutes less than 10% of the total acreage within the agriculture protection area.

(E) Any property or parcel proposed to be included in an agriculture protection area must be in the A Zone.

(F) Parcels that include property that is not eligible under this section may still be eligible for inclusion in an agriculture protection area, though the agriculture protection area will not include those parts that are not eligible.

(Ord. 2024-5-3, passed 5-13-2024; Ord. 2024-5-4, passed 5-13-2024)

§ 154.172 AREA REQUIREMENTS.

In accordance with U.C.A. § 17-41-301 the minimum number of contiguous acres that must be included in an agriculture protection area within the unincorporated part of the county is hereby established as five acres. Creation of an agriculture protection area shall not impair the ability of land within the area to obtain the benefits of U.C.A. Title 59, Chapter 2, Part 5, Farmland Assessment Act. The eligibility of land for the benefits of U.C.A. Title 59, Chapter 2, Part 5, Farmland Assessment Act, shall be determined exclusively by the provisions of that Act, notwithstanding the land’s location within an agriculture protection area.

(Ord. 2024-5-3, passed 5-13-2024; Ord. 2024-5-4, passed 5-13-2024) Penalty, see § 154.999

§ 154.173 NOTICE AND PUBLIC HEARING REQUIREMENTS FOR PLANNING COMMISSION, ADVISORY BOARD AND COUNTY COMMISSION.

(A) The County Planning and Zoning Department shall provide notice of the proposal for an agriculture protection area within the unincorporated part of the county by:

(1) Posting notice on the Utah Public Notice Website created in U.C.A. § 63A-16-601;

(2) Mailing written notice to each owner of land within 1,000 feet of the land; proposed for inclusion within an agriculture protection area; and

(3) Posting notice at three public places within or near the proposed agriculture protection area. The county legislative body hereby authorizes the County Planning and Zoning Department to designate the location of these three public places within or near the proposed agriculture protection area.

(B) The notice shall contain:

(1) A statement that a proposal for the creation of an agriculture protection area has been filed with the county;

(2) A statement that the proposal will be open to public inspection in the Office of the County Planning and Zoning Department;

(3) A statement that any person or entity affected by establishment of the area may, within 15 days of the date on the notice, file with the County Planning and Zoning Department written objections to the proposal or a written request to modify the proposal to exclude land from or add land to the proposed agriculture protection area;

(4) A statement that the county will submit the proposal to the Planning Commission and Advisory Board for review and recommendations and the proposed dates; and

(5) A statement that the county legislative body will hold a public hearing on a specified date to discuss and hear public comment on:

(a) The proposal to create the agriculture protection area;

(b) The recommendations of the Advisory Board and Planning Commission; and

(C) Any person wishing to modify the proposal for the creation of the agriculture protection area shall, within 15 days after the date of the notice, file a written request for modification of the proposal, which identifies specifically the land that should be added to or removed from the agriculture protection area.

(D) A person wishing to object to the proposal for the creation of the agriculture protection area shall, within 15 days after the date of the notice, file a written objection to the creation of the agriculture protection area with the County Planning and Zoning Department.

(Ord. 2024-5-3, passed 5-13-2024; Ord. 2024-5-4, passed 5-13-2024)

§ 154.174 REVIEW OF PROPOSAL.

(A) After 15 days from the date of the notice, the County Planning and Zoning Department shall refer the proposal and any objections and proposed modifications to the proposal to the Planning Commission and Advisory Board for their review, comments and recommendations.

(B) Within 45 days after receipt of the proposal, the Planning Commission shall submit a report of action to the county legislative body that:

(1) Analyzes and evaluates the effect of the creation of the proposed area on the county’s planning policies and objectives;

(2) Analyzes and evaluates the proposal by applying the criteria contained in § 154.177;

(3) Recommends any modifications to the land to be included in the proposed agricultural protection area;

(4) Analyzes and evaluates any objections to the proposal; and

(5) Includes a recommendation to the county legislative body either to accept, accept and modify or reject the proposal.

(C) Within 45 days after receipt of the proposal, the Advisory Board shall submit a report of action to the county legislative body that:

(1) Analyzes and evaluates the effect of the creation of the proposed area on the county’s planning policies and objectives;

(2) Recommends any modifications to the land to be included in the proposed agriculture protection area;

(3) Analyzes and evaluates the proposal by applying the criteria contained in § 154.177;

(4) Analyzes and evaluates any objections to the proposal; and

(5) Includes a recommendation to the county legislative body either to accept, accept and modify or reject the proposal.

(D) The county legislative body shall consider a failure of the Planning Commission or Advisory Board to submit a written report within the 45 days under divisions (B) and (C) above as a recommendation of that body to approve the proposal as submitted.

(Ord. 2024-5-3, passed 5-13-2024; Ord. 2024-5-4, passed 5-13-2024)

§ 154.175 PUBLIC HEARING.

(A) After receipt of the written reports from the Advisory Board and Planning Commission, or after the 45 days has expired, whichever is earlier, the County Clerk, in coordination with the County Planning and Zoning Department, shall:

(1) Schedule a public hearing;

(2) Provide notice of the public hearing by:

(a) Posting notice on the Utah Public Notice Website created in U.C.A. § 63A-16-601;

(b) Posting mailing written notice to each owner of land within 1,000 feet of the land proposed for inclusion within an agriculture protection area, industrial protection area or critical infrastructure materials protection area; and

(3) Ensure that the notice includes:

(a) The time, date and place of the public hearing on the proposal;

(b) A description of the proposed agriculture protection area;

(d) A summary of the recommendations of the Advisory Board and Planning Commission; and

(e) A statement that interested persons may appear at the public hearing and speak in favor of or against the proposal, any proposed modifications to the proposal or the recommendations of the Advisory Board and Planning Commission.

(4) Nothing herein shall preclude the ability of the Planning and Zoning Department to include all public hearings being placed on the same notice for convenience in advertising.

(B) The county legislative body shall:

(1) Convene the public hearing at the time, date and place specified in the notice; and

(2) Take verbal or written testimony from interested persons.

(C) Within 120 days of the submission of the proposal, the county legislative body shall approve, modify and approve or reject the proposal. Failure to approve the proposal within 120 days shall be deemed a denial by the county legislative body, unless the county legislative body continues the proposal to a date certain.

(D) The creation of an agriculture protection area is effective at the county legislative body’s approval of a proposal or modified proposal.

(E) In order to give constructive notice of the existence of the agriculture protection area to all persons who have, may acquire or may seek to acquire an interest in land in or adjacent to the agriculture protection area, within ten days of the creation of an agriculture protection area, the County Planning and Zoning Department shall file an executed document containing a legal description of the agriculture protection area with:

(1) The County Recorder; and

(2) The Planning Commission.

(F) Within ten days of the recording of the agriculture protection area, the county legislative body shall: send written notification to the Commissioner of Agriculture and Food that the agriculture protection area has been created, and include in said notification the following:

(1) The number of landowners owning land within the agriculture protection area;

(2) The total acreage of the area;

(3) The date of approval of the area; and

(4) The date of recording.

(G) Failure by the county to record the notice required under division (E) above does not invalidate the creation of an agriculture protection area.

(H) Land in an agriculture protection area shall be designated on the county zoning map.

(I) The county legislative body may consider the cost of recording notice under division (E) above and the cost of sending notification under division (F) above in establishing a fee.

(Ord. 2024-5-3, passed 5-13-2024; Ord. 2024-5-4, passed 5-13-2024)

§ 154.176 EVALUATION CRITERIA.

In evaluating a proposal and in determining whether or not to create or recommend the creation of an agriculture protection area, the Advisory Board, Planning Commission and county legislative body shall apply the following criteria:

(A) Whether or not the land is currently being used for agriculture production;

(B) Whether or not the land is zoned for agriculture use;

(D) Compatibility of uses of neighboring properties for agricultural production;

(E) Whether or not the land is viable for agricultural production;

(F) The extent and nature of existing or proposed farm improvements;

(G) Anticipated trends in agricultural and technological conditions; and

(H) Any other criteria to be considered under this chapter, or related to the criteria of this chapter.

(Ord. 2024-5-3, passed 5-13-2024; Ord. 2024-5-4, passed 5-13-2024)

§ 154.177 ADDING LAND TO AN AGRICULTURAL PROTECTION AREA.

(A) Any owner may add land to an existing agriculture protection area within the unincorporated part of the county by:

(1) Filing a proposal with the County Planning and Zoning Department; and

(2) Obtaining the approval of the county legislative body for the addition of the land to the area.

(B) The county legislative body and other applicable persons shall comply with the provisions for creating an agriculture protection area in determining whether or not to accept the proposal.

(Ord. 2024-5-3, passed 5-13-2024; Ord. 2024-5-4, passed 5-13-2024) Penalty, see § 154.999

§ 154.178 REMOVING LAND FROM AN AGRICULTURAL PROTECTION AREA.

(A) (1) Any owner may remove land from an agriculture protection area within the unincorporated part of the county by filing a petition for removal of the land from the agriculture protection area with the County Planning and Zoning Department.

(2) The written petition shall be on a form provided by the County Planning and Zoning Department, which shall:

(a) Contain a legal description of the land proposed to be removed from the agriculture protection area;

(b) Contain a notarized declaration signed by the property owner(s); and

(B) (1) The county legislative body hereby designates the County Planning and Zoning Department as the Department who processes applications to remove land from an existing agriculture protection area.

(2) The Planning and Zoning Department shall:

(a) Grant the petition for removal of land from an agriculture protection area even if removal of the land would result in an agriculture protection area of less than the minimum number of acres for the establishment of an agricultural protection area; and

(b) In order to give constructive notice of the removal to all persons who have, may acquire or may seek to acquire an interest in land in or adjacent to the agriculture protection area and the land removed from the agriculture protection area, file a legal description of the revised boundaries of the agriculture protection area with the County Recorder and the Planning Commission.

(D) When a municipality annexes any land that is part of an agriculture protection area, the county legislative body shall, within 30 days after the land is annexed, review the feasibility of that land remaining in the agriculture protection area according to the procedures and requirements of § 154.180. The Planning and Zoning Department, in coordination with the County Clerk, shall facilitate the county legislative body conducting its review by noticing any required public meetings, and preparing necessary staff reports to evaluate the feasibility.

(1) If appropriate, the County Planning and Zoning Department shall remove the annexed land from the agriculture protection area.

(2) Appeals of actions of the Planning and Zoning Department applying this section shall be made to the Board of Adjustment.

(Ord. 2024-5-3, passed 5-13-2024; Ord. 2024-5-4, passed 5-13-2024) Penalty, see § 154.999

§ 154.179 REVIEW OF AGRICULTURAL PROTECTION AREAS.

(A) For the purposes of this section, the term CALENDAR YEAR means the period from January 1 to December 31 inclusive.

(B) The county legislative body shall perform an initial review of any agriculture protection area created under the authority of this chapter in the twentieth calendar year after it is created to determine whether the agriculture protection area should be continued, modified or terminated.

(C) If the County Planning and Zoning Department receives five written complaints from different aggrieved persons within three calendar years immediately preceding the twentieth calendar year after an agriculture protection area or any portion thereof is created or reauthorized, or alternatively the county legislative body determines that after the initial review that the agriculture protection area should be modified or terminated, or within 30 days of land in an agriculture protection area being annexed, then the County Planning and Zoning Department shall, for that agriculture protection area:

(1) Request the Planning Commission and Advisory Board to submit recommendations about whether the agriculture protection area should be continued, modified or terminated;

(2) Schedule the county legislative body to, at least 120 days before the end of the twentieth calendar year, or within 120 days of the applicable annexation, hold a public hearing to discuss whether the agriculture protection area should be continued, modified or terminated;

(3) Give notice of the hearing using the same procedure required by § 154.173;

(4) After the public hearing, the county legislative body shall continue, modify or terminate the agriculture protection area; and

(5) If the county legislative body modifies or terminates the agriculture protection area, the County Planning and Zoning Department shall file an executed document containing the legal description of the agriculture protection area with the County Recorder.

(D) If the county legislative body determines after that initial review that the agricultural protection area should be continued or otherwise fails to affirmatively continue, modify or terminate the agriculture protection area in the twentieth calendar year, within 120 days of an applicable annexation, then the agriculture protection area is considered to be reauthorized for another 20 years. The time required for action is continued provided the county legislative body continues the matter to a date certain, and the legislative body takes action on the matter in the subsequent meeting.

(Ord. 2024-5-3, passed 5-13-2024; Ord. 2024-5-4, passed 5-13-2024)

§ 154.180 PROTECTION OF LAND IN AGRICULTURAL PROTECTION AREA.

(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.