1. This ordinance shall be known as and shall be entitled the “Utah County Land Use Ordinance” and may be so cited and pleaded. The title page shall contain a reference to its most recent date of amendment. Any reference in this ordinance to “Utah County Zoning Ordinance” or “UCLUO,” shall be deemed to be a reference to the Utah County Land Use Ordinance.”
2. The Utah County Attorney’s Office has the discretion to review, examine, and correct any technical and stylistic errors in the Utah County Land Use Ordinance. Technical errors include adopting a uniform system of punctuation, capitalization, numbering, and wording; eliminating duplication and renumbering when necessary; correcting defective or inconsistent section and paragraph structure in the arrangement of the subject matter of existing statutes; eliminating all obsolete and redundant words; correcting obvious errors and inconsistencies including those involving punctuation, capitalization, cross references, numbering, and wording; changing the boldface to more accurately reflect the substance of each section, part, chapter, article, or title; and merging or determining priority of any amendments, enactments, or repealers to the same code provisions that are passed by the Board of County Commissioners of Utah County. This section in no way grants the Utah County Attorney’s Office the discretion to modify the substance of an ordinance. Any necessary substantive changes to the Utah County Land Use Ordinance may be recommended to the Board of County Commissioners of Utah County for consideration in a follow-up ordinance.

It is the intent and purpose of the Board of County Commissioners of the County of Utah, State of Utah, to avail itself of the powers granted under Utah Code § 17-27a, as amended, in a manner that will promote the health, safety, morals, convenience, order, prosperity, and general welfare of the present and future inhabitants of Utah County, and to this end:

1. To encourage and facilitate orderly growth and Development in the county.
2. To secure economy in governmental expenditures in the process of Development.
3. To promote efficient and economical utilization, conservation, and production of land, water, and other resources and facilities.
4. To foster the county's agricultural and other industries.
5. To facilitate adequate provisions for transportation, water, sewage, Schools, parks, and other public requirements.
6. To reduce the waste of physical, financial, and human resources resulting from excessive scattering of population.
7. To lessen congestion in the streets, prevent the overcrowding of land, and provide adequate light and air.
8. To lessen the hazards to persons and property from fires, Floods, traffic hazards, and other dangers.
9. To promote a more attractive and wholesome environment.
10. To create conditions favorable to prosperity, civic activities, and recreational, educational, and cultural opportunities.
11. To protect both urban and non-urban Development.
12. To enforce the provisions of this ordinance and to minimize the exceptions or variances hereto.

The regulations and restrictions as set forth in this ordinance shall be so interpreted and applied as to further the intent and purpose of this ordinance. Except as may be provided in the Lots lying in Multiple Zones section of Chapter 4 of this ordinance, if two or more regulations or restrictions of this ordinance are in conflict or are inconsistent with each other, the most restrictive regulation or restriction shall govern.

All ordinances, resolutions, or parts thereof in conflict with the provisions of this ordinance are hereby repealed insofar as they conflict with the provisions set forth in this ordinance. Any Building or use of land or any construction thereon which was not authorized by or under the preexisting zoning ordinance(s), as amended, or which is illegal under such ordinance, shall remain unauthorized and illegal unless expressly authorized or permitted in the provisions of this ordinance.

To the extent required by applicable law, this land use ordinance shall be subject to the provisions of the federal Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), the federal Endangered Species Act of 1973 (ESA), Section 404 of the federal Clean Water Act (CWA), and other federal and state statutory and regulatory provisions which, by law, supersede the provisions of this land use ordinance.

In interpreting and applying this ordinance, the provisions thereof shall be held to be the minimum requirements needed to promote the public health, safety, morals, convenience, order, prosperity, and general welfare of the present and future inhabitants of the county. The Land Use Authority shall apply the plain language of any Land Use Regulation found in this ordinance. If a Land Use Regulation does not plainly restrict a Land Use Application, the Land Use Authority shall interpret and apply the Land Use Regulation in favor of the Land Use Application. Except as specifically provided herein, it is not intended by the adoption of this ordinance to repeal, abrogate, annul, or in any way impair or interfere with any existing provisions of laws or ordinances, or any rules, regulations, or permits previously adopted or issued or which shall be adopted or issued pursuant to laws relating to the erection, construction, establishment, moving, alteration, or enlargement of any Building or improvement, or change in the use of land; nor is it intended by this ordinance to interfere with or abrogate or annul any easement, covenant, or other agreement between parties; provided however, that in cases in which this ordinance imposes a greater restriction than is imposed or required by other existing provisions of law or ordinance, then in such case the provisions of this ordinance shall govern.

The degree of protection from Natural Hazards, fire, decay, traffic, property value devaluation, and the actions of others is based on scientific and sound planning considerations. The degree of protection from such damages is considered reasonable by the County Commission, but does not imply that any person or property can be completely free from the acts of nature or the actions of others. This ordinance shall not create any liability for reliance on this ordinance or any administrative decision made thereunder on the part of Utah County, any officer or employee thereof, the State of Utah, or, in the case of the special Flood hazard area requirements which were enacted according to federal requirement, the federal government.

This ordinance and the various parts, sections, and clauses are hereby declared to be severable, except the provisions relating to Large-scale Developments; otherwise, if any part, section, paragraph, sentence, clause, or phrase is adjudged unconstitutional or, invalid, it is hereby declared that the remainder of the ordinance shall not be affected thereby; the County Commission hereby declares that it would have passed this ordinance and each part, section, paragraph, sentence, clause, and phrase thereof, irrespective of the fact that any one or more portions thereof be declared invalid.

1. INTENT It is the intent of this ordinance that Noncomplying Structures and Nonconforming Uses of land (except Billboards) existing at the time of passage of the zoning ordinance, but not in conformance therewith, be changed, ultimately, to complying Structures and conforming uses and that Noncomplying Structures and Nonconforming Uses shall not be continued, increased, nor expanded except as permitted herein.
2. CONTINUATION
   1. Except as provided below in this section, a Noncomplying Structure or a Nonconforming Use of land may be continued to the same extent and character as that which was legally existing and permitted on the effective date of the ordinance provision(s) causing noncompliance or nonconformity if:
      1. Except as provided in this land use ordinance, no increase or expansion of the Nonconforming Use or Noncomplying Structure shall be made; and
      2. The boundaries of the Lot or Parcel on which the Structure or use lies are unchanged. Exception 1: The boundaries of the Lot or Parcel on which the Structure or use lies are changed due to one of the following reasons: the addition of more land area to the Lot or parcel, Fence line or boundary agreements that establish historic boundaries, and dedications of Road right-of-way. Exception 2: A Noncomplying Structure consisting of an inhabited Structure shall be allowed to continue in its noncomplying status when the boundaries of the Parcel on which the inhabited Structure is located are changed to create a platted Subdivision Lot, if the County Engineer has provided the Zoning Administrator with a written statement that the noncompliance will not impair the right of way nor increase any hazard to public safety. Exception 3: A Noncomplying Structure consisting of an inhabited Structure shall be allowed to continue in its noncomplying status when the boundaries of the Lot or Parcel on which the inhabited Structure is located are reconfigured and such reconfigured Lot or Parcel meets the area and width requirements of the applicable zone, if such noncompliance is relative to the Structure’s distance from a front property line or distance from a right of way line or center line of an official county or state Road and the County Engineer has provided the Zoning Administrator with a written statement that the noncompliance will not impair the right of way nor increase any hazard to public safety. Exception 4: A Noncomplying Structure consisting of a permitted agricultural Structure shall be allowed to continue in its noncomplying status when the boundaries of the Parcel on which the agricultural Structure is located are changed to create a platted Subdivision Lot., if the County Engineer has provided the Zoning Administrator with a written statement that the noncompliance will not impair the right of way nor increase any hazard to public safety.
   2. Recorded noncomplying plats can be amended pursuant to the procedure contained in chapter 14 of this land use ordinance.
3. EXPANSION A Noncomplying Structure or Nonconforming Use of land may be expanded only if:
   1. The Zoning Administrator approves the expansion after making the following findings:
      1. The specific use and Structure to be expanded is a noncomplying, one-Family Dwelling, or a noncomplying, one-Family Dwelling on a Lot or Parcel recognized as legal nonconforming which is to include an Agricultural Equipment and Agricultural Vehicle repair facility; and
      2. The boundaries of the Lot or Parcel on which the one-Family Dwelling lies are unchanged from those existing when the Dwelling became noncomplying, except for the addition of more land area to the Lot or Parcel, Fence line agreements that establish historic boundaries, and dedications of Road right-of-way; and
      3. The proposed expansion meets all the requirements of the zone in which it is located for Subdivision, Health Department approval of water supply and sewage, Flood protection, parking, and Setback, except New Construction may be approved within the required front, side, or rear Setback distance if it does not intrude beyond the Setback measured at the closest distance from the property line or Road centerline of the existing Structure. Or:
   2. The Zoning Administrator approves the expansion after making the following findings:
      1. The specific use and Structure to be expanded is an existing church or other Structure for religious worship that is located on a legal nonconforming Lot or Parcel of record; and
      2. The overall use and Structure meet all of the requirements of Utah County and the State of Utah for fire protection, water supply for fire suppression, drinking water, sewage disposal, drainage and Flood protection, Subdivision, parking capacity, construction code compliance, and Building Setback, except New Construction may be approved within the required front, side, or rear Setback distance if it does not intrude beyond the Setback measured at the closest distance from the property line or Road centerline of the existing Structure.
4. REPAIRS Repairs may be made to a Noncomplying Structure, but only when the repairs are for the purpose of the maintenance of the existing Structure. The repairs cannot increase the total square footage of the Structure (including all floor levels), cannot alter the footprint of the Structure, and cannot create or relocate any exterior walls of the Structure.
5. REPLACEMENT OF DESTROYED BUILDINGS A Noncomplying Structure which is rendered unusable for its approved use, or, if a habitable Structure, is rendered uninhabitable, for any reason, including but not limited to destruction or damage caused by a fire, Flood, or other calamity or act of nature, (triggering event) may be restored and the preexisting use resumed, only if a Building permit for reconstruction is obtained within one year from the date written notice is served to the property owners that the Structure is uninhabitable due to the triggering event and a certificate of occupancy is issued by the zoning administrator within two years from the date written notice is served to the property owners that the Structure in uninhabitable due to the triggering event. Failure to either obtain said Building permit, or obtain said certificate of occupancy, within such time deadlines, shall be conclusively deemed an abandonment of all rights related to such Noncomplying Structure. Such restoration shall not increase the Floor Area of the Noncomplying Structure which existed at the time the Structure became noncomplying, unless such increase meets all applicable requirements related to the increase.
6. AMORTIZATION OF RIGHT TO OCCUPY OR USE A Noncomplying Structure or Nonconforming Use which is not used for its approved use, or, if a habitable Structure, is not inhabited, for a continuous period of one year or longer from the date written notice is served to the property owners that the Structure has been abandoned, shall be conclusively deemed abandoned and shall not thereafter be used or inhabited except by a Structure and use which conform to the regulations of the zone in which the Structure and use are located.
7. CHANGE IN USE A Noncomplying Structure or a Nonconforming Use of land shall not be changed to another Noncomplying Structure or Nonconforming Use whatsoever; changes shall not be made except in conformity with the current provisions of the Land Use Ordinance. Any Noncomplying Structure or Nonconforming Use which has been changed to a complying Structure or conforming use shall not thereafter be changed back to a Noncomplying Structure or a Nonconforming Use.
8. NO RIGHTS GAINED BY UNPERMITTED OCCUPANCY OR USE No nonconforming status, nor any right to occupy a Structure or use of a Structure or Lot or Parcel of land contrary to the provisions of this ordinance, shall be gained through such occupancy or use in the past when such was illegal or accomplished without a permit, unless otherwise expressly permitted by the terms of this land use ordinance.
9. EFFECT OF AMENDMENTS The provisions of the Land Use Ordinance pertaining to Noncomplying Structures and Nonconforming Uses of land also apply to Structures and land uses which hereafter become noncomplying and nonconforming because of an amendment to the Land Use Ordinance.
10. NONCONFORMING LOT OR PARCEL OF RECORD
    1. A nonconforming Lot or Parcel of record which conforms with every provision and requirement of this ordinance for a one-Family Dwelling or manufactured home, except for the required area and/or required width along the side abutting a state or county Road, may be granted a Building permit for a one-Family Dwelling or manufactured home — notwithstanding such deficiency in area or width, provided:
       1. The Lot or Parcel lies in the RR-5, TR-5, CE-l, CE-2, M&G-l, or RA-5 zone;
       2. The Lot or Parcel has existed continuously on the official records of the County Clerk or Recorder as an independent Lot or Parcel since before the effective date of the area or width provision of the Land Use Ordinance amendment (or the initial enactment) which rendered such Lot or Parcel unbuildable;
       3. The Lot or Parcel owner dedicates ownership of the portion of the Lot or Parcel, which lies in the right-of-way, to the County or other applicable governmental entity, unless the County or other governmental entity elects to decline receiving the dedication;
       4. If the Lot or Parcel lies in the RA-5 Zone, it shall possess an area of at least 90-percent of the minimum area of a zoning Lot or Parcel for a one-Family Dwelling or manufactured home, prior to the required dedication of right-of-way; and
       5. Every provision and requirement of this ordinance, except for said area and width requirement, is met.
    2. No provision of this Ordinance shall render an existing, platted Lot unbuildable because it does not meet the area or width requirements of the zoning district in which it lies.
    3. The right to obtain a Building permit for a one-Family Dwelling or manufactured home on a nonconforming Lot or Parcel of record, as described in this subsection, can be transferred from the nonconforming Lot or Parcel (sending Lot or Parcel) to another Lot or Parcel (receiving Lot or Parcel) if all of the following conditions are found to exist:
       1. The sending Lot or Parcel is a lot or Parcel in private ownership located within or adjacent to the boundaries of a United States National Forest;
       2. The sending Lot or Parcel meets all of the requirements, as a nonconforming Lot or Parcel of record, to obtain a Building permit for a one-Family Dwelling or manufactured home;
       3. The receiving Lot or Parcel is owned by the United States of America and is exchanged, in whole or in part, for all of the sending lot or Parcel;
       4. The receiving Lot or Parcel and the sending Lot or Parcel are adjacent Lots or Parcels of property, or are separated by a distance of not more than one half mile;
       5. Both the sending Lot or Parcel and the receiving Lot are located within the CE-l Critical Environmental Zone;
       6. The area of the receiving Lot or Parcel is equal to or greater than the area of the sending Lot or Parcel; and
       7. The receiving Lot or Parcel meets every provision and requirement of this ordinance to obtain a Building permit for a one-Family Dwelling or manufactured home, except for the area and Frontage width requirement.
11. EFFECT OF TAX SALES ON NONCONFORMING USES When Utah County acquires title to any property because of tax sale, the future use of the property shall conform with the existing requirements within the zone.

Structures and uses of land which are not expressly permitted within a zone are hereby declared to be expressly prohibited therein. Any use not expressly permitted can only become permitted by amendment of this land use ordinance.

Notwithstanding the requirements of a zone to the contrary, whenever the federal, state or county government has declared a disaster area, or a state of emergency or extreme danger, in Utah County which requires a temporary use permit to deal with the situation, the County Commission may order the Zoning Administrator to issue the necessary permit.

Properties and land owned by districts, municipalities, counties, the State of Utah, and the United States Government shall be subject to all of the provisions of this ordinance unless specifically exempted from a provision by Utah State or United States law. Moreover, any person or entity, other than the State of Utah or United States Government, which may obtain State or United States property by purchase, lease, or other arrangement shall use such property in accordance with the provisions of this ordinance, unless specifically exempted from a provision by Utah State or United States law.

No action can be taken on any application or request for a permit or approval under this land use ordinance if a Pending Ordinance Change exists which could affect the application or permit requested, until the Pending Ordinance Change process has been finally completed by the applicable Land Use Authority. If the Pending Ordinance Change process results in a change to this land use ordinance, the application or request will be required to comply with the ordinance as changed.