The Zoning Administrator, or his/her authorized agent, is designated as the Zoning Administrator, and is charged with the administration and enforcement of this Land Use Ordinance.

The Zoning Administrator is designated as the Land Use Authority to act upon the following duties concerning land use;

1. Issue Building and Land Use Permits.
2. Issue business licenses.
3. Issue zoning compliance permits.
4. Issue and renew, where applicable, temporary use permits.
5. Enforce the provisions of this ordinance.
6. Conduct inspections which are necessary to insure compliance with the various provisions of this ordinance.
7. Maintain a copy of the current Utah County Land Use Regulations, zone map, and records of amendments thereto.
8. Refer matters to the Planning Commission, County Commission, or other agency as required by the terms of this ordinance.
9. Perform such other duties as are assigned by this ordinance.

From the time of the effective date of this ordinance, permits shall not be granted for the construction or alteration of any Building or Structure, or for the moving of a Building or Structure onto a Lot, or for the commencement, continuation, or change in use of any land, Building, or Structure, if such construction, alteration, moving, or use would be in violation of any of the provisions of this ordinance.

Any owner or authorized agent who intends to establish or change the use of land, Fill, excavate, or Grade earth materials, construct, enlarge, alter, repair, move, demolish, or change the occupancy of a Building or Structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by the Building and safety codes adopted by the County, or to cause such work to be done, shall first make application to the Zoning Administrator or other applicable entity and shall obtain the required permits and any applicable zoning compliance permit. A zoning compliance permit shall not be required for any Structure determined to be exempt from a Building permit by the currently adopted Building construction codes of Utah County. However, such Structure(s) shall be required to meet all other applicable provisions of this ordinance, including Setback requirements.

All applications for permits as required in the land use ordinance, UCLUO 16 shall be accompanied by the appurtenant permit fee in the current amount as set by the County Commission and by the required plot plans and construction drawings containing complete information as required for the type of permit desired. An application shall not be considered ready for an initial plan review of construction drawings for a project until approvals are obtained by the applicant from all applicable reviewing County departments and other agencies.

No permit shall be issued by the Zoning Administrator, or any other person or agency, which is not in conformance with the provisions of this ordinance. Any permit so issued shall be null and void.

1. It shall be unlawful for any person, property owner, contractor, corporation, or other entity to install or allow to be installed any electrical, natural gas, sewer, or water utility line or facility before a permit therefor has been approved and issued by the Zoning Administrator; however, if a utility line or utility facility is located in or is proposed to be located in a public Road right-of-way, and is exempt from the requirement for a Building permit by the currently adopted Building construction codes of Utah County, the applicant and/or property owner shall obtain a permit from the County Engineer or other applicable governmental entity, and not the Zoning Administrator.
2. The installation and/or maintenance of utility lines and utility facilities that are controlled by a Public Utility or Governmental Utility Service Provider, which are completely within a recorded utility easement for such lines or facilities, shall be exempt from the permitting requirements of this Ordinance.
3. The installation of required improvements for large scale Developments, as set forth in UCLUO 14, shall be governed by the provisions of UCLUO 14 and not subject to the permitting requirements of UCLUO 16.

All permits for Conditional Uses, Building permits, zoning compliance permits, and other permits for land uses, Building, grading, and occupancy authorize only the Lot, use, layout, extent of construction, and the other terms of issuance set forth in the approved application and plans. Any remodeling or any change in the Lot, use, layout, construction or other item that varies from that which is stated on the approved application form, plan and permit shall be a violation of this ordinance. To be lawful, a new permit must be issued to authorize such remodel or other change.

1. Initial Zoning Compliance Permit: It shall be unlawful to construct, use or occupy, or permit the construction, use or occupancy, of any Building or land until any applicable zoning compliance permit has been issued by the Zoning Administrator stating that the proposed use of the Building or land conforms to the requirements of this ordinance.
2. Zoning Compliance Permit to Change A Nonconforming Use or a Noncomplying Structure: No Nonconforming Use or Noncomplying Structure shall be changed or extended until any applicable zoning compliance permit is issued by the Zoning Administrator stating that the proposed use of the Building or land conforms to the requirements of this ordinance.
3. Certificate of Occupancy or Completion, Limited Review: Where the Zoning Administrator has determined that a proposed Building or use will comply with this ordinance and issues approval for a permit pursuant thereto; and the construction has been completed; the Administrator's scope of review in issuing any applicable certificate of occupancy or completion shall be limited to the approved application form, approved plans, and the terms of the approved permits, not a review de novo.
4. Certificate of Occupancy or Completion Issued Upon Completion of Construction; Exception: Any applicable certificate of occupancy or completion shall not be issued until all construction is completed.

1. The County Commission may establish a Board of Adjustment to act as the Appeal Authority as required by Utah Code section 17-27a-701, as amended. The Board of Adjustment shall consist of five members (termed "regular members") appointed by the County Commission plus whatever number of alternate members the County Commission may appoint. The term of a regular member shall be for a period of three years and until their successors are appointed, and the term of an alternate member shall be for the time period specified at the time of appointment. The terms of the regular members shall be staggered so that the term of at least one member shall expire each year on December 31. Appointments to fill vacancies shall be for the unexpired term of the vacant office.
2. Both regular members and alternate members shall be administered the oath of office after being appointed but before taking part in any deliberations of the Board. An alternate member shall have full power to act in any capacity of a regular member when there are fewer than five regular members present. When there is a vacancy and more than one alternate member is available at the hearing, the Chairperson of the Board of Adjustment shall select which alternate shall sit with the Board. If, while deliberations are in progress, a regular member arrives, the regular member shall not take the seat of an alternate member.
3. Members of the Board of Adjustment shall be residents of Utah County.
4. Any member of the Board of Adjustment may be removed for cause by the County Commission if written charges are filed against the member with the County Commission. The County Commission shall provide the member with a Public Hearing, if requested, before taking action on the charges.
5. The Board of Adjustment shall elect a Chairperson and other officers necessary to fulfill its duties and shall adopt rules consistent with this land use ordinance.
6. Quorum and decisions: To take any action, the Board of Adjustment must have at least three (3) members participating in the deliberations. For the Board of Adjustment to render a decision, it shall require the concurring vote of three (3) members of the Board of Adjustment.

1. The County Commission may appoint one or more administrative law judges to act as the Appeal Authority as required by Utah Code section 17-27a-701, as amended. Only one administrative law judge shall consider and decide any matter properly presented for review.
2. An administrative law judge shall serve for an indefinite time at the pleasure of the County Commission and may be released with or without cause.
3. An administrative law judge shall not be a member of the County Commission, planning commission, county staff, or any other elected or appointed official of the County.
4. Each administrative law judge shall be a lawyer in good standing with the Utah State Bar with land use experience. Each administrative law judge shall be selected based on objective qualifications to hear and render an efficient and legally supported decision. Administrative law judges shall be selected because they have analytical abilities and the ability to make decisions based on the law as it relates to the facts. Each administrative law judge shall have the expertise to read briefs, conduct research, make evidentiary rulings, and write decisions. Each administrative law judge shall have the expertise to conduct administrative hearings with due process protections, create a record of the hearing, and render a written decision in a timely fashion.
5. The administrative law judge shall not participate in any appeal where there is a conflict of interest.

1. The Board of Adjustment shall
   1. Hold hearings as specified in this land use ordinance and in keeping with the procedures set forth for informal adjudicative proceedings under Utah Code § 64G-4-202 and -203, as amended.
   2. Use parliamentary rules, the Utah Rules of Civil Procedure, and the Utah Rules of Evidence as guidelines, but not binding rules, for the conduct of hearings. The Appeal Authority may consider any relevant, nonprivileged, oral or documentary evidence presented.
   3. Convene hearings on a case-by-case basis when a person or entity commences an action.
   4. Set a documentation schedule and hearing date once an action commences.
   5. Make written findings of fact, conclusions of law, and a final decision. The decision may affirm or reverse, in whole or in part, the decision being appealed.
2. The Appeal Authority may administer oaths and compel the attendance of witnesses.
3. The Appeal Authority shall keep a record of the proceedings. This record, along with the appeal application, written statements, and other facts bearing on the appeal and decision of the Appeal Authority, shall be filed in the Office of the Community Development Department.
4. Each hearing shall be heard by the Appeal Authority constituted at the time the matter is scheduled to be heard.
5. If the appellant fails to appear at the hearing, without good cause, the failure shall be deemed a withdrawal of the appeal and a waiver of any appeal rights.
6. The Appeal Authority is not a public body.

The powers and duties of the Appeal Authority shall include and be limited to hearing and deciding issues in accordance with Utah Code § 17-27a-701(1), as amended.

The powers and duties of the Appeal Authority are limited to the those set forth in this land use ordinance. The Appeal Authority shall not have the authority to amend this land use ordinance nor to act outside of the authorized rules set forth in UCLUO 16 nor the Utah Code, as amended. Moreover, no decision shall be made in such a way so as to destroy the intent and purpose of the land use ordinance. Furthermore, the Appeal Authority does not have the power to sue and be sued; its decisions are subject to review only according to the provisions of UCLUO 16 and the Utah Code, as amended.

1. Any person or entity seeking review by the Appeal Authority may commence such action by completing the standard forms adopted by the Appeal Authority and filing the forms in the Office of the Community Development Department.
2. The Appeal Authority shall designate someone from the Community Development Department to receive and process appeal forms. The designated person shall accept and process such forms only if they are properly completed and accompanied by the filing fee in the current amount set by the County Commission.
3. Any appeal of a decision made in applying this land use ordinance must present every theory of relief that the appellant can raise in district court. Any theory of relief not raised by the appellant in the written appeal form shall be barred.
4. Any appeal of a decision made in applying this land use ordinance must be properly filed within forty-five (45) days of the date of the contested decision or it shall be time-barred and not heard.

Upon receipt of the forms, the person designated to receive appeal forms shall forthwith notify the Zoning Administrator of the matter and invite his/her response.

1. An Appeal Authority shall fix a reasonable time for hearing the appeal, give notice as required by law, and decide the same. The Appeal Authority shall set a standard procedure for conducting hearings before it is consistent with UCLUO 16.44. Such procedures, prior to adoption, shall be reviewed and approved by the Utah County Attorney.
2. Any party may appear at the meeting in person or by agent or by attorney.

1. An appeal shall prevail only when the Appeal Authority finds that all of the forms, procedures, and rules have been completed and fully complied with.
2. The Appeal Authority shall record the specific reasons for its decision.

1. Jurisdictional Requirements: Prior to filing the appeal with the Appeal Authority, the Appeal Authority shall lack jurisdiction and shall not hear the appeal unless all the following requirements have been met:
   1. Within twenty (20) days of the date of the decision being appealed, the appellant must present the Zoning Administrator, or other person or entity which made the decision in question, with a written claim of error which fully sets forth:
      1. a brief statement of the facts; and
      2. the nature of the claim of error.
   2. Within thirty-five (35) days of the date of the decision being appealed, the Zoning Administrator, or other person or entity which made the decision in question may, but is not required to, respond in writing to the claim of error. The claim of error shall be deemed denied if the Zoning Administrator, or other person or entity which made the decision in question, fails to approve or deny the claim of error or otherwise respond.
2. Required Standards: The Appeal Authority shall not grant the reversal or relief appealed for unless it finds that all of the following standards have been met:
   1. The appellant has filed a properly completed application for appeal, which states with specificity the nature of the alleged error and how the appellant has been adversely affected by said alleged error.
   2. The application for appeal was properly filed with the Appeal Authority forty-five (45) days or less after the date of the decision being appealed.
   3. The appellant must be a party which was adversely affected by the subject decision applying this land use ordinance.
   4. The decision in question must be one made in applying this land use ordinance, not some other state or county law, office policy, personnel matter, or other decision beyond the purview of this land use ordinance.
   5. Legislative zoning decisions (e.g. decisions made by the County Commission enacting or amending this land use ordinance) shall not be within the purview of the Appeal Authority.
   6. If the Appeal Authority grants the appellant’s request, the result must be consistent with the provisions of this land use ordinance, and not waive or modify any of the terms or requirements thereof.
   7. The applicant has the burden of proving that an error was made. Expressions of support or protest alone shall not constitute the basis of approval or denial.
   8. The Appeal Authority shall presume that the order, requirement, decision, or determination made in the administration of this land use ordinance is valid and shall determine only whether or not the order, requirement, decision, or determination is arbitrary, capricious, or illegal.
      1. An order, requirement, decision, or determination is valid if the decision is supported by substantial evidence in the record and is not arbitrary, capricious, or illegal.
      2. A determination of illegality requires a determination that the order, requirement, decision, or determination violates a law, statute, or ordinance in effect at the time the order, requirement, decision, or determination was made.
      3. For legal issues, the Appeal Authority shall apply a correctness standard to its review and determine if the Land Use Authority correctly applied the plain meaning of the Land Use Regulation.
      4. For factual issues, the Appeal Authority shall examine the facts on the record and determine if the record on appeal includes substantial evidence for each essential finding of fact.
   9. If there is a record, the Appeal Authority’s review is limited to the record provided, and the Appeal Authority may not accept or consider any evidence outside the record, unless that evidence was previously offered, and it was improperly excluded. If there is no record, the Appeal Authority may call witnesses and take evidence.

   
   

1. Required Standards: Any person or entity desiring a waiver or modification of the requirements of this land use ordinance as applied to a Parcel of property that he/she owns, leases, or in which he/she holds some other beneficial interest may apply to the Appeal Authority for a variance from the terms of this land use ordinance. The Appeal Authority shall not grant approval unless it finds that all of the following standards have been met:
   1. The substance of the variance must be a request to vary the requirements for height, bulk, width, Setback, or other numerical or quantitative requirement, as distinguished from approval to have a land use that is not listed as permitted in a zone (e.g. no “use variance” shall be granted).
   2. The appellant has filed a properly completed application which states the normal or standard amount of area, distance, size or volume required by this land use ordinance, the specific amount of variance being requested, and all other information required by the application form.
   3. The Appeal Authority may grant a variance only if the request complies with the requirements found in Utah Code § 17-27a-702, as amended.

1. Within thirty (30) days after a decision has been made, the Appeal Authority shall file a written notice of its decision with the Community Development Department and email or mail a copy of the notice to the applicant at the address supplied in the application form. The decision of the Appeal Authority shall be deemed final at the time it is filed with the Community Development Department.
2. The Appeal Authority shall record all final decisions with the Utah County Recorder.
3. If a request for a variance is approved, the notice shall also contain the date such approval terminates if a Building permit (or other permit or license, if applicable) is not obtained pursuant thereto. Such termination shall automatically be one year from the date of the decision of the Appeal Authority. The Appeal Authority may, as a condition of approval, set a different termination date for a variance on a finding that a different date is necessary for substantial justice to be done.
4. After the hearing, the Appeal Authority may order the termination date for a variance enlarged if a request is made in writing, the request is made before the expiration of the period originally prescribed, and a different date is necessary for substantial justice to be done. A variance may be enlarged only one (1) time for a maximum of one (1) year. A request for an enlargement of time shall not be considered a rehearing under UCLUO 16.
5. Variances are subject to abandonment as follows:
   1. Variances which are rendered unoccupiable or otherwise unusable by the destruction of a fire, Flood, or other calamity or act of nature may be restored and the preexisting use resumed provided that a Building permit for reconstruction is obtained within one year from the date of destruction and construction is diligently prosecuted to completion and re-occupancy. Such restoration shall not increase the variance previously approved by the Appeal Authority. If a Building permit is not issued within one year from the date of destruction or if the Building permit is so issued but construction is not diligently prosecuted to completion and re-occupancy, then the variance shall be conclusively deemed abandoned, and the variance shall terminate.
   2. Variances which are not occupied or not used for a continuous period of one year or longer, shall not thereafter be relicensed, reoccupied, or used anew. The variance shall be conclusively deemed abandoned, and the variance shall terminate

1. Any person adversely affected by any decision of an Appeal Authority may file a petition with the Fourth District Court for Utah County for a review of that decision. Any such appeal must comply with Utah Code § 17-27a-801, as amended.
2. No decision of an Appeal Authority shall be subject to rehearing by the same authority, except when remanded from a court of competent jurisdiction.

1. There is hereby created a Planning Commission which shall consist of seven members (termed “regular members”) appointed by the County Commission, plus up to two alternate members appointed by the County Commission. The terms of the regular members shall be for a period of three years and until their successors are appointed, and terms of the alternate members shall be for a period of one year and until their successors are appointed. The terms of the regular members shall be staggered so that terms of at least two and no more than three of the regular members shall expire each year on December 31; any unexpired terms shall be filled for the remainder of the term. The County Commission may appoint residents of the unincorporated area and residents of incorporated municipalities. Regular members and alternate members may be removed with or without cause by the County Commission. The Planning Commission shall elect a chair from its regular members, and may employ a Zoning Administrator and other agents or staff to carry out its duties. Alternate members shall have full power to act in the capacity of regular members when there are fewer than seven regular members present. When there is a vacancy and more than one alternate member is available at the meeting, the Chair of the Planning Commission shall select which alternate member shall sit with the Commission. If, while deliberations on an agenda item are in progress, a regular member arrives, the regular member shall not take the seat of an alternate member until the next agenda item comes before the Commission. The Planning Commission members may receive a stipend for their services and may be reimbursed for mileage or other actual expenses incurred. To carry out its duties, the Planning Commission and its agents and staff shall have the powers granted to such by this chapter and by the Utah Code, as amended.
2. The Planning Commission may prepare and recommend a General Plan for Utah County, or amendments thereto, in accordance with Utah Code, as amended, which plan, once adopted, shall be used by the Planning Commission as an advisory guide for Land Use Decisions and recommendations.
3. The Planning Commission may propose a land use ordinance and zone map for Utah County or may propose amendments of an existing land use ordinance or zone map to the County Commission, and may adopt procedures for the proposals to be initiated by its members, its staff, or members of the public at large. The Planning Commission shall also consider and give its recommendations on any amendment to the land use ordinance which is proposed by the County Commission and submitted to the Planning Commission for recommendation. Before the Planning Commission proposes any land use ordinance or zone map amendment, or makes a favorable recommendation of an amendment, it shall find that:
   1. The amendment will conform to the land use element and other provisions of the General Plan (or conform to a proposed amendment to the General Plan which is considered concurrently with the zoning amendment).
   2. The amendment is in the best interest of the health, safety, and welfare of the public.
   3. The amendment will more fully carry out the general purposes and intent of this ordinance.
   4. In considering a proposed amendment to the land use ordinance or zone map, the Planning Commission may submit a recommendation to the County Commission for or against the proposal, or it may recommend an alternate amendment.
4. The Planning Commission is designated as the Land Use Authority to take action to approve or disapprove any applications for a Conditional Use permit
5. The Planning Commission may adopt rules of procedure for the conduct of its meetings and the performance of its other duties, which rules shall not be in conflict with state law or the terms of this ordinance.
6. The Planning Commission shall perform other duties as required under the terms of this ordinance.
7. The Planning Commission adopts the following Rules of Order and Procedure related to parliamentary order and procedure, ethical behavior, and civil discourse:
   1. The Planning Commission shall generally follow “Rosenberg’s Rules of Order,” unless the Chair, or Acting Chair, determines that a variance from the Rules is justified. Failure to follow the Rules shall not invalidate any action taken by the Planning Commission.
   2. Members shall adhere to the ethical and conflict of interest constraints as set forth in the Utah Code. In addition, to protect the right of each applicant and potentially affected adverse party to be heard, Members shall be restricted from ex parte contact (contact other than in a noticed Public Meeting), including site or Office visits, electronic communication, written communication, and verbal conversation either face-to-face or over the telephone, when such interaction involves a quasi-judicial matter, including a request for a Conditional Use permit, and a request for approval of a Large-scale Development, from and after the time that an application for such an approval is filed, until final action in taken on the application, and while the application is under appeal, if an appeal is filed. Ex parte contact shall be prohibited, and if such ex parte contact inadvertently occurs, it shall be disclosed on the record at the next meeting of the Planning Commission, including the substance of the communication, the party who originated the communication and whether the communication will affect the Member’s ability to impartially consider the evidence presented.
   3. To protect the right of each applicant and potentially affected adverse party to be heard, Members are discouraged from ex parte contact (contact other than in a noticed Public Meeting), including site or Office visits, electronic communication, written communication, and verbal conversation either face-to-face or over the telephone, when such interaction involves a legislative matter, including the adoption or amendment of the General Plan, the land use ordinance, or the zoning map, from and after the time that an application is filed, until final action in taken on the application, and while the application is under appeal, if an appeal is filed. Ex parte contact shall be discouraged, and if such ex parte contact occurs, it shall be disclosed on the record at the next meeting of the Planning Commission, including the substance of the communication, the party who originated the communication and whether the communication will affect the Member’s ability to impartially consider the evidence presented.
   4. Members shall ethically serve the public interest by making decisions and taking actions which will enhance the public health, safety and welfare of the citizens of Utah County and by promoting public confidence in the integrity, independence, ability, and impartiality of the Planning Commission. Members shall uphold the prestige of their office, and avoid impropriety and the appearance of impropriety. Individual Members shall not convey the impression that they are in a position to determine the outcome of a decision of the Planning Commission and shall not attempt to use their office to influence or sway the professional staff recommendation. Members shall discharge their duties and responsibilities without favor or prejudice toward any person or group. Members shall not allow personal or business relationships to impact upon their conduct or decisions in connection with Planning Commission business and shall not lend their influence towards the advancement of personal interests or towards the advancement of the interests of friends or business associates. Members shall not accept or solicit a gift, loan, payment, favor, service, promise of employment or business contract, meal, transportation or anything else of value, if such thing is given with the understanding or possibility that it will influence the official action of the Member during Planning Commission proceedings. The same standard shall apply to a gift, loan, favor, etc. for the spouse, child or relative or business partner of the Member.
   5. Members shall prepare for each meeting, shall create a positive environment in meetings of the Planning Commission, shall maintain an attitude of courtesy and consideration toward colleagues, citizens and staff during all discussions and deliberations, and shall allow citizens, colleagues and staff sufficient opportunity to present their views, within the prescribed rules for conduct of meetings of the Planning Commission. Members shall avoid the use of abusive, threatening or intimidating language or gestures directed at colleagues, citizens or staff, shall avoid comments, body language or distracting activity that conveys a message of disrespect and lack of interest, and shall respect all local, state and federal laws, rules and other regulations.
   6. Public Hearing and public comment: Participants shall generally be limited to three minutes per individual and should not be redundant; participants will be requested to complete a speaker sign-up sheet; participants will be requested to speak at the microphone when called, state their name and address, and not to speak from the audience; participants should be respectful of the Commission and others in the audience and not be disruptive; participants should direct comments to the Commission and not to staff, applicants, or audience members. The three minute limit may be waived by the Chair or a majority of the Commission.

1. When the Planning Commission acts under its power to hear and decide applications for Conditional Uses, the Conditional Use shall be approved if reasonable conditions are proposed, or can be imposed, to substantially mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with the standards in this section and other relevant sections of this land use ordinance. If the reasonably anticipated detrimental effects of a proposed Conditional Use cannot be substantially mitigated, the Conditional Use may be denied.
2. The Planning Commission shall ensure compliance with the following procedures:
   1. The applicant shall have submitted a properly completed application form signed by the property owner.
   2. The land use ordinance specifically identifies the Conditional Use in question as one which the Planning Commission is empowered to approve.
   3. The use shall comply with all of the terms and requirements of the land use ordinance, including but not limited to UCLUO 4, UCLUO 6, UCLUO 8, and UCLUO 12.
   4. The applicant has the burden of proving by a Preponderance of the evidence that all conditions for granting a Conditional Use have been met and must meet that burden based on the facts presented for the record; expressions of support or protest alone shall not constitute the basis of approval or denial.
   5. A grant of a Conditional Use permit requires the concurring vote of a majority of Planning Commission Members participating in the deliberations.
   6. Conditional Uses run with the land, subject to UCLUO 16.84(E).
3. The Planning Commission may attach conditions to mitigate any anticipated detrimental effects of the proposed use and may consider the following standards in doing so. When considering the effects, the Planning Commission may consider the reasonably anticipated detrimental effects in the context of current conditions and, to the extent supported by law, the policy recommendations of the applicable General Plan.
   1. Mitigate injury, loss of life, and property damage to firefighting and emergency medical service agencies.
   2. Mitigate injury, loss of life, and property damage for the county sheriff’s Office or the need for added peace keeping activities.
   3. Mitigate any disproportionate demand for government services generally, including, but not limited to, firefighting; emergency medical services; policing; Schools and School busing; water, sewer and stormwater facilities; and garbage removal.
   4. Mitigate injury, loss of life, or property damage from any known geologic or Flood hazard if credible evidence of such a detrimental effect is present.
   5. Substantially mitigate the likelihood that the proposed use or facility may cause bodily injury or property damage to potential persons or property in the area.
   6. Mitigate the creation of traffic hazards, right-of-way conflicts, or undesirable Vehicle or pedestrian traffic patterns or volumes.
   7. Mitigate onsite Vehicle or pedestrian circulation inefficiencies and provide for adequate onsite parking given the unique specificities of the proposed use or the proposed site plan.
   8. Mitigate material degradation of the level of service of any storm water drainage facility or infrastructure, and adequately provide for storm water drainage from the site.
   9. Mitigate material degradation of the level of service of any culinary, secondary, or irrigation water facility or infrastructure, and, if applicable, provide adequate culinary, secondary, or irrigation water service to the site.
   10. Mitigate material degradation of the level of service of any sanitary sewer service, and, if applicable, provide adequate sanitary sewer service to or septic system on the site.
   11. Mitigate material degradation of the level of service of any other utility, and, if applicable, adequately provide such utility services to the site.
   12. Mitigate material degradation of the level of service, functionality, capacity, or usability of the existing open spaces, public features, or recreational amenities in the area, and, if applicable, adequately provide additional open spaces, public features, or recreational amenities.
   13. Mitigate detrimental effects on the natural features of the site and the surrounding affected areas if credible evidence of such a detrimental effect is present; including, but not limited to, rivers and creeks, lakes, ponds, reservoirs, wetlands, drainage ways, groundwater protection, and Slopes.
   14. Mitigate detrimental effects on the natural environment of the site and the surrounding affected areas if credible evidence of such a detrimental effect is present; including, but not limited to, wildlife, air quality, water quality (including erosion control), local natural resources, natural vegetation (including protection against noxious or invasive species), and wildland areas.
   15. Provide buffering, screening, or fencing of the use or site, or provide other landscape features sufficient to mitigate the proximity of incompatible uses, objectionable site features, and disharmony with existing and future land uses in the area.
   16. Provide hours of operation appropriate for the general nature and character of existing land uses in the area to mitigate conflict or incompatibility with surrounding uses.
   17. Provide reclamation, restoration, cleanup, or beautification of the site as the use evolves or as the use is terminated in order to mitigate aesthetic and nuisance effects.
   18. Mitigate nuisance factors, including, but not limited to, light and glare, noise, vibrations, smoke, dust, dirt, odors, gases, noxious matter, heat, electromagnetic disturbances, and radiation, if credible evidence of such a nuisance is present.
   19. Mitigate potential noncompliance or poor performance by requiring regular review or monitoring of certain specified detrimental effects by an appropriately qualified professional.
   20. Provide appropriate mitigation of detrimental effects as required in standards found elsewhere in this land use ordinance and any other federal, state, or local regulation, as may be applicable.
4. Voluntary contributions providing satisfactory compliance with applicable standards. When considering a Conditional Use, the Land Use Authority has discretion to determine satisfactory compliance with any applicable standard, requirement, provision, or restriction of this chapter if the applicant has voluntarily offered a more desirable alternative to mitigate the reasonably anticipated detrimental effects of the use than those otherwise specified here. The Land Use Authority may require a Development agreement to execute the voluntary alternative.
5. Within fifteen (15) days after a decision has been made, the Planning Commission shall file a written notice of its decision in its offices and mail a copy of the notice to the applicant at the address supplied in the application form. The decision of the Planning Commission shall be deemed final at the time it is filed in its offices.
6. The Planning Commission shall record all final decisions with the Utah County Recorder.
7. If a request for a Conditional Use is approved, the notice shall also contain the date such approval terminates if a Building permit (or other permit or license, if applicable) is not obtained pursuant thereto. Such termination shall automatically be three (3) years from the date of the decision of the Planning Commission. The Planning Commission may, as a condition of approval, set a different termination date for a Conditional Use on a finding that a different date is necessary for substantial justice to be done.
8. After the hearing, the Planning Commission may order the termination date for a Conditional Use enlarged if a request is made in writing, the request is made before the expiration of the period originally prescribed, and a different date is necessary for substantial justice to be done. A Conditional Use may be enlarged only one (1) time for a maximum of five (5) years. Any request for an enlargement of time shall comply with the applicable notice requirements for a Conditional Use. This request for an enlargement of time shall not be considered a rehearing under UCLUO 16.
9. Conditional Uses are subject to abandonment as follows:
   1. Conditional Uses which are rendered unoccupiable or otherwise unusable by the destruction of a fire, Flood, or other calamity or act of nature may be restored and the preexisting use resumed provided that a Building permit for reconstruction is obtained within one year from the date of destruction and construction is diligently prosecuted to completion and re-occupancy. Such restoration shall not increase the Conditional Use previously approved by the Land Use Authority. If a Building permit is not issued within one year from the date of destruction or if the Building permit is so issued but construction is not diligently prosecuted to completion and re-occupancy, then the Conditional Use shall be conclusively deemed abandoned, and the Conditional Use shall terminate.
   2. Conditional Uses which are not occupied or not used for a continuous period of one year or longer, shall not thereafter be relicensed, reoccupied or used anew. The Conditional Use shall be conclusively deemed abandoned, and the Conditional Use shall terminate.

1. The powers and duties of the County Commission concerning zoning and planning shall be as found in Utah Code, as amended.
2. The County Commission may adopt a General Plan for Utah County, or amend any existing General Plan, by following the procedures of Utah Code, as amended.
   1. Notwithstanding anything contained in this Ordinance to the contrary, the General Plan for Utah County is only an advisory guide for Land Use Decision.
   2. All proposals to amend the Utah County General Plan, or this ordinance, to allow for the siting of a storage facility or transfer facility for the placement of high-level nuclear waste or greater than class C radioactive waste wholly or partially within unincorporated Utah County are rejected.
3. The County Commission may amend, change, or modify any provisions of the land use ordinance or zone map provided:
   1. The proposed amendment, change, or modification has first been proposed by the Planning Commission or submitted to it for its recommendations; (However, if the Planning Commission, after holding any required Public Hearing, fails to return its recommendation within sixty-five (65) days from its receipt of the proposed amendment, the County Commission may assume an affirmative recommendation.)
   2. Before taking action, a Public Hearing on the proposed amendment was held by the Planning Commission and notice given as specified herein.
   3. The County Commission shall consider each proposed land use ordinance or zone map amendment recommended to it by the Planning Commission and may adopt or reject the proposed amendment, either as proposed by the Planning Commission, or after making any revision the County Commission considers appropriate.
   4. Any amendment to the zoning map which changes the zoning of property to the RR-5 Rural Residential Zone, shall be subject to the following restrictions and conditions:
      1. The property to be rezoned must be located not closer than two (2) miles from the boundaries of any incorporated municipality, as measured from the closest property line of the property to be rezoned, and must not be located within two (2) miles from the boundaries of any other property which has been rezoned within the previous five (5) year period, as measured from the closest property line unless either:
         1. The County Commission approves a zone change upon finding the requirements of Paragraph A would hinder the intent of promoting the orderly transition of new Developments into incorporated municipalities, or:
         2. The property to be rezoned is contiguous to, or within reasonable proximity of, land which has been rezoned within the previous five (5) year period such that the Parcel to be rezoned can reasonably and cost effectively connect to services provided, or proposed to be provided, by the developer(s) on the previously rezoned Parcel.
      2. The maximum contiguous area of property subject to rezoning to the RR-5 Rural Residential Zone shall be seventy-five (75) acres.
      3. A Large-scale Development Plat encompassing all of the rezoned property shall receive approval by Utah County and be recorded in the Office of the Utah County Recorder within four (4) years from the effective date of the amendment to the zoning map and the rezoning of the property, or the amendment of the zoning map and the rezoning of the property shall be void, and the zoning map and zoning of the property shall automatically revert to the status of the zoning map and the zoning of the property as they existed prior to the effective date of the amendment, and any unrecorded Large-scale Development Plat approval related to the rezoned property shall be void.
         Exception: In a planned unit Development which has been approved as a phased planned unit Development, the amendment of the zoning map and the rezoning of the property shall be void, and the zoning map and zoning of the property shall automatically revert to the status of the zoning map and the zoning of the property as they existed prior to the effective date of the amendment, and any unrecorded Large-scale Development Plat approval related to the rezoned property shall be void, unless
         1. phased planned unit Development plats encompassing all of the rezoned property have received approval by Utah County within four (4) years from the effective date of the amendment to the zoning map and the rezoning of the property,
         2. the initial plat of the phased planned unit Development has been recorded in the Office of the Utah County Recorder within four (4) years from the effective date of the amendment to the zoning map and the rezoning of the property, and
         3. all subsequent phased planned unit Development plats, encompassing all of the rezoned property, have been recorded in the Office of the Utah County Recorder within seven (7) years from the effective date of the amendment to the zoning map and the rezoning of the property.
   5. Where necessary, the County Commission shall amend the General Plan to conform to the finished provisions of the land use ordinance or zone map.
4. The County Commission shall perform other duties as required under the terms of this ordinance or state law.

1. Either the Planning Commission or the County Commission may propose amendments to this Land Use Ordinance or the zone map.
2. Any other person or organization seeking an amendment of the Land Use Ordinance or zone map shall petition the Planning Commission, in writing, to initiate such amendment using the petition forms and procedures adopted by the Planning Commission. The petitioner shall designate fully and clearly on the forms the change desired and the reasons therefor.
3. Upon receipt of the petition, the Planning Commission shall consider the amendment request and may: recommend approval, approval with change, disapproval, or hold the matter for future consideration.
4. All recommended amendments shall conform to the General Plan (or to proposed amendments to the General Plan which are adopted concurrently with the land use amendment) and be consistent with the other provisions of this land use ordinance.
5. Amendments to this ordinance may be adopted by the County Commission only after a Public Hearing by the Planning Commission at which parties of interest and other persons have an opportunity to be heard. Notice of the date, time and place of the first Public Hearing to consider the adoption or modification of the Land Use Ordinance shall be made as specified herein.

1. No land, Building or Structure shall be used for any purpose not allowed in the zone in which such land, Building or Structure is located.
2. Any person who violates any provision of this Land Use Ordinance is guilty of a class C misdemeanor upon conviction. In addition, the provisions of this Land Use Ordinance may also be enforced by injunction, mandamus, abatement, civil penalty, or any other remedy provided by law.
3. Any person, corporation or other entity, whether as owner, occupant, agent or employee, who causes, permits or otherwise participates in any violation of the provisions of this Land Use Ordinance may be held responsible for the violation, suffer the penalties, and be subject to the remedies provided by law.
4. Whenever any act or omission is made unlawful in this Land Use Ordinance, it shall include causing, permitting, aiding, or abetting such act or omission.
5. Any one, all, or any combination of the penalties and remedies set forth herein may be used to enforce the provisions of the Land Use Ordinance.
6. Each day that any violation exists shall be considered a separate offense for purposes of the civil penalties and other remedies set forth in this Land Use Ordinance.
7. Utah County may withhold Building permits, zoning compliance permits, and all other permits related to a use or Parcel of property in violation of this Land Use Ordinance, until all violations of this Land Use Ordinance are resolved.
8. The civil penalties for any violation of this Land Use Ordinance shall be as follows:
   1. $25.00 per day per offense if the offense is corrected prior to the date of mailing of written notification of violation from the County.
   2. $50.00 per day per offense if the offense is corrected within fifteen (15) days from the date of mailing of written notification of violation from the County.
   3. $100.00 per day per offense if the offense is corrected within thirty (30) days from the date of mailing of written notification of violation from the County.
   4. $1,000.00 per day per offense if the offense is not corrected within thirty (30) days from the date of mailing of written notification of violation from the County.