The purpose of this chapter is to establish the administrative procedures for land use policy decisions in Wasatch County. 

1. Notice Of Public Hearings:
   1. The county shall give reasonable notice of any public hearing mandated by this title, which notice shall be given in a manner consistent with the requirements of state law. Notices of public hearings required by this title shall be published once in a newspaper of general circulation at least seven (7) calendar days before the hearing, and in accordance with state law. Such notice shall state the time and place of such hearing and shall include a general explanation of the matter to be considered and a general description of the area affected.
   2. This section is not intended to preclude the giving of additional notice that may be deemed necessary by the planning department.
   3. If notice given under authority of this section is not challenged as provided by state law within thirty (30) days from the date of the meeting for which notice was given, the notice is considered adequate and proper.
2. Notice Of Public Meetings: Notice of public meetings required by this section shall be in accordance with state law. 

In order to accomplish the purposes of this title, Wasatch County hereby divides the county into zones in accordance with the general plan of the county as hereinafter set forth. In the preparation of this title, due and careful consideration was given, among other things, to the relative quantities of the land needed for particular uses and to the suitability of such uses, to existing and probable future conditions within the county, and to the character of each of the several zones, with a view to conserving property values and encouraging the most appropriate use of land throughout the county. 

1. Zoning Maps: The zoning maps for Wasatch County, as approved by the county legislative body and signed by the chairperson thereof, are the official zoning maps of Wasatch County. The zoning maps show the county is divided into zoning districts as shown on the map entitled "Zoning Map Of Wasatch County". The zoning map and boundaries, notations, references and other information shown thereon shall be as much a part of this title as if the information and matters set forth by the map were fully described herein. The zoning map shall be formally amended and signed by the chairperson of the county legislative body and will reflect any amendments granted thereto. If a new map is adopted, the county GIS department shall retain a digital copy of the previous zoning maps.
2. Current Controlling Map: Regardless of the existence of purported copies of the official zoning district map, which may from time to time be made, amended or published, the official zoning district map, which shall be located in the office of the planning department, evidencing the signature of the chairperson of the county legislative body, shall be the final authority as to the current status of zoning districts.
3. Uncertainty Of Zone Line: Where uncertainty exists with respect to the exact boundaries of various zones, the following rules shall apply:
   1. Where the indicated boundaries on the official zone map appear to be approximately street or alley lines, the centerline of the streets or alleys shall be construed to be the zone boundaries;
   2. Where the indicated boundaries appear to be approximately lot lines, the lot lines shall be construed to be the zone boundaries;
   3. Where indicated boundaries appear to be canals, ditches or rivers, the centerline of the canals, ditches or rivers shall be construed as the zone boundaries;
   4. Where land has not been subdivided into lots, and the zone boundary does not appear to follow canals, ditches or rivers, the zone boundaries shall be determined by property lines or section lines which are closest to what appears on the map;
   5. Where other uncertainty exists, the planning staff shall interpret the official zone map. If a lot is divided by a zone line, the planning staff shall determine which zone shall apply to the entirety of the lot, or any other determination the planning staff deems fit and proper under the circumstances; and
   6. Zone boundaries may follow portions of a parcel that have been historically irrigated. 

1. Application: Notwithstanding any other provision contained in any other title of the Wasatch County Code, this title, including the zoning map, may be amended by the Wasatch County legislative body in accordance with the requirements of the Utah Code Annotated section 17-27a-101 et seq., and the requirements of the county land use development and management act. For the purpose of establishing and maintaining sound, stable and desirable development within Wasatch County, amendments shall not be made to this title or the adopted zoning map except to promote more fully the objectives and purposes of the general plan and this title.
   1. Any person seeking an amendment to this title or the adopted zoning map shall submit to the planning department a written petition containing the following information:
      1. Designation of the specific zone change or title amendment desired;
      2. The reason and justification for such zone change or title amendment, and a statement setting forth the manner in which a proposed amendment or zone would further promote the objectives of the general plan and the purposes of this title;
      3. A complete and accurate legal description of the area proposed to be rezoned; or a draft of the proposed title amendment;
      4. For zone changes;
         1. A conceptual development plan, drawn to scale, showing all areas to be included within the proposed rezoning, designating the present zoning of the property, and properties immediately adjacent thereto;
            
         2. A physical constraints analysis identifying all items required under 16.27.25; and
            
         3. A courtesy notice shall be mailed to all owners of private real property whose property is located inside and within 500 feet of the proposed zoning map enactment or amendment.
            
      5. The filing fee as established by ordinance. The planning director, the county manager, the planning commission, or the county legislative body may propose an amendment to this title or the adopted zoning map without paying the filing fee.
   2. The county legislative body or the planning commission can propose an amendment to this title, or the zoning map through a motion, directing the planning director to prepare a proposed title amendment, or zoning map amendment, in addition to their own rights to propose a change under Section 16.02.05(a)(1). Proposals by the planning commission shall be ratified by the County Council.
      
   3. Zoning map amendment applications must be submitted to the planning department by July 15 to be considered by the legislative body that calendar year. After July 15, a zoning amendment application may not be entertained until the following year, unless the matter was continued in a public meeting of the planning commission prior to July 15. Zoning map amendments which have been approved by the planning commission and the DRC must have a public hearing before the legislative body in November.
      
   4. Other applications to amend the land use ordinance may be considered anytime in accordance with the processes of this land use development code and state law.
      
   5. All approved zoning map amendments and amendments to the land use and development code shall be effective when all noticing requirements for the adopted ordinance have been met, or 14 days after the approval, whichever is first, unless otherwise provided by the legislative body.
      
   6. Exceptions: So long as the county legislative body follows all requirements under the Utah Code to amend this title and the adopted zoning map, they shall have authority to amend this title at any time if the county legislative body finds that expedited enactment of a land use ordinance or amendment to the zoning map is necessary for the preservation of the peace, health, safety or welfare of the county and its inhabitants. If the county legislative body finds that an expedited enactment of a land use ordinance or zoning map is necessary, the planning director, planning commission, and other necessary county personnel shall act with haste, and are hereby authorized to follow the minimum requirements of the State Code to recommend an amendment to this title or the zoning map, or to decline to recommend the proposed amendment after holding a properly noticed public hearing.
      
2. Planning Commission Public Hearing: After providing any notices required under the Utah Code, and this title the planning commission shall hold a public hearing on any properly proposed amendment to this title or the zoning map, and shall consider any written comments received. The planning commission may recommend approval, modify, recommend denial, decline to recommend a change and advance the matter to the county legislative body, or continue the matter. They shall forward any written comments they received to the county legislative body with their recommendation.
3. Council Public Hearing: After providing any notices required under the Utah Code, the county legislative body shall, after the application is advanced from the planning commission, hold a public hearing to consider whether the proposed amendment to this title or the zoning map is in the interest of the public, and is consistent with the goals and policies of the Wasatch County general plan. The legislative body may approve the proposed amendment to this title or the zoning map or they may modify, deny, or continue the matter.
   
4. The county legislative body may amend the number, shape, boundaries or area of any zoning district, or any regulation of or within a zoning district, or any other provision of this title.
   

Plat amendments shall be processed in accordance with the requirements of Utah Code Annotated. Notice shall be provided to all owners whose real property adjoins or lies within five hundred feet (500') of all parts of the lot(s) on which the proposed plat amendment is located and all property owners within the plat where the property is located. Determination for plat amendments shall be made according to the standards in Utah Code Annotated and Wasatch County Code and shall not be granted without sufficient evidence there is good cause for the amendment.

1. No lot line adjustment, boundary line agreement, parcel line adjustment, or other similar method of adjusting common lot lines between lots or parcels of land shall be made in a manner that violates any applicable land use ordinance including, but not limited to, procedure for approval, dimensional standards, access requirements, etc. Any illegally modified parcel, or portion thereof, may not be developed until the infraction is corrected in a manner that conforms with current county ordinances.
   
2. Application: An application must be completed and the application fees paid. A complete application may be required to include a draft copy of the proposed plat as adjusted by the proposed lot line adjustment. A determination of whether a new plat will be required will be made by the county recorder, depending upon the adjustments to be made to the property.
3. Processing: The planning staff shall review the application in accordance with Utah state statute. If complete, the lot line adjustment may be processed. 
   

The variance procedures are intended to provide a narrowly circumscribed means by which relief may be granted from unforeseen particular applications of this title that create unreasonable hardships. When such hardships may be more appropriately remedied, if at all, pursuant to other provisions of this title, the variance procedure is inappropriate.

1. Applications: Applications for variance from the Land Use and Development Code shall be filed with the planning office. Applications shall contain the following information:
   1. A description of the requested variance, together with a designation of that section of the Land Use and Development Code from which relief is being requested;
   2. A statement of the characteristics of the subject property that prevent compliance with the provisions of this title and result in unreasonable hardship;
      
   3. A statement of the minimum variation of the provisions of this title that would be necessary to permit the proposed use, construction, or development;
   4. An explanation of how the applicant believes the request satisfies each standard set forth in subsection E of this section;
      
   5. An accurate site plan and architectural plans, if appropriate, indicating the manner in which the variance will be applied and its effect upon adjacent properties; and
   6. A filing fee as established by ordinance.
2. Public Hearing: Upon receipt of a complete application as determined by the planning department, a public hearing shall be set with the Appeals Hearing Officer.
3. Burden Of Proof: The applicant for a variance shall bear the burden of proving that all of the foregoing conditions are satisfied as determined by the planning department.
4. Findings Required: The Appeals Hearing Officer may authorize variances from the requirements of this title, only when those variances serve the public interest, and are consistent with state law. If the required findings cannot be made, the request shall be denied.
5. Requirements For Granting Variance: The Appeals Hearing Officer may grant a variance only if all of the following conditions are met:
   1. Literal enforcement of this title would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of this title;
   2. There are special circumstances attached to the property that do not generally apply to other properties in the same districts;
   3. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same district;
   4. The variance will not substantially affect the general plan and will not be contrary to the public interest; and
   5. The spirit of this title is observed and substantial justice done.
6. Unreasonable Hardship: In determining whether or not enforcement of this title would cause unreasonable hardship under subsection E1 of this section, the Appeals Hearing Officer may not find an unreasonable hardship unless the alleged hardship:
   1. Is located on or associated with the property for which the variance is sought; and
   2. Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
      1. In determining whether or not enforcement of this title would cause unreasonable hardship under subsection E1 of this section, the Appeals Hearing Officer may not find an unreasonable hardship if the hardship is self-imposed or economic.
      2. In determining whether or not there are special circumstances attached to the property under subsection E1 of this section, the Appeals Hearing Officer may find that special circumstances exist only if the special circumstances:
         1. Relate to the hardship complained of; and
         2. Deprive the property of privileges granted to other properties in the same district.
7. Variance Applicability: Variances run with the land.
8. Use Variance: The Appeals Hearing Officer and any other body may not grant use variances.
9. Additional Requirements: In granting a variance, the Appeals Hearing Officer may impose additional requirements or conditions on the applicant that will:
   1. Mitigate any harmful effects of the variance; or
   2. Serve the purpose of the standard or requirement that is waived or modified. 

NOTE: This section was FKA "Appeals Procedure". See Ordinance 23-20 for more information.

The planning department has prepared, and shall hereafter maintain, a land use classification, which is included as an appendix to this document and is incorporated by reference herein. The land use classification contains a list of the use numbers and use classifications used in this title, and explanations concerning the same. The land use classification shall be used to assist in interpreting the meaning of any use number or use classification used in this title. 

Any use proposed in a zoning district that does not specifically permit such use may be considered by the planning commission after a determination by the planning staff that the proposed use is substantially similar in type and impact to a permitted use in the land use district. The county legislative body shall process and consider such proposed uses in the same manner as any amendment to this title, except that such proposed uses may be considered at any time during the calendar year. The application for such a proposed use may be processed in conjunction with and at the same time as the proposed amendment to this title. 

The legislative body, after recommendation from the Wasatch County planning commission, shall adopt and maintain a local street plan, which will provide long range planning for local neighborhood streets. This process is intended to ensure that property within a given area can be adequately developed and serviced. Upon recommendation by the planning commission, the local street plan shall be submitted to the legislative body for consideration and potential adoption.

1. In order to facilitate considerations related to a local street plan, the land developer shall be required to submit a Conceptual Connectivity Plan with all land use applications for development, vacation, or amendment to those development types listed in Section 16.27.04. Elements of this Conceptual Connectivity Plan shall show the potential street layout both on- and off-site, potential lots and other features both on- and off-side, existing grades, utilities and watercourses, and all master planned streets within one-fourth (1/4) mile of the development. The plan shall be prepared at a scale of not smaller than one inch equals four hundred feet (1” = 400’).
   
   1. The Conceptual Connectivity Plan is required for the purpose of demonstrating that the proposed development will not cause detriment to the integrated development of the overall area and that adjacent properties have viable access and opportunity to comply with both the lot and the block standards of this title. The Conceptual Connectivity Plan shall be considered and approved with the respective land use application. If proposed street stubs are anticipated to inhibit the establishment of adequate block standards, or if the proposal creates constraints on the opportunities of adjoining property owners from providing integrated developments, the County may require roads within the proposed development to be adjusted.
      
   2. The Conceptual Connectivity Plan shall not be binding upon the properties included in the plan that are not the subject of the land use application. However, should the land use authority determine that a specific street layout plan is crucial to ensuring the integrated development of an area, the legislative body who may determine to amend or adopt the local street plan as defined in this section.