Each zone change requested by an applicant, seeking a change from a less dense zone to a denser zone, shall provide proof of all required utilities and access. No zone change application will be processed or granted without meeting said utility and access requirements. Some areas of the county are not suitable for some zones due to scarcity of utilities, lack of access, or lack of compatibility of the land for the requested zone. Required proof of utilities and access shall be submitted to, and approved by, the county prior to zone change approval, with all letters, applications, studies, plans, contract terms and conditions, acceptable to the county in its sole discretion. Sections A, B, C, and D shall not apply to a zone change where the sole purpose is to bring a nonconforming lot or parcel with an existing single family dwelling into conformity with the required lot or parcel size. Section E, below, applies to all zone changes. Specific additional requirements:
A. Water: Proof of sufficient water rights, quantity, quality and source, contractually allocating wet water to the development property, to match the State Division of Drinking Water requirements needed for the proposed zone. Proof includes the following:
1. A will-serve letter from the Washington County Water Conservancy District, or the other applicable water company or district, establishing perpetual access to a sufficient quantity and quality of water for the base density in the requested zone; or
2. A feasibility study, prepared by a licensed professional engineer experienced in hydrology and water resources, with a letter from the Department of Environmental Quality approving the feasibility study, or
3. Application and approval by the Utah State Engineer of the owner's Application for Permanent Change (Change Application), granting a change in the point of diversion, the place of use, and the nature of the water right, and matching the proposed use to the zone change location.
B. Sewer/Septic: The requested zone shall meet or exceed the septic density requirements for the development property based on the applicable, location-specific study regarding septic densities and septic system types. Alternatively, a proposal and feasibility study for a community wastewater system that is adequate in size, capacity, and specifications to reduce contaminants to acceptable levels. A letter from Washington County Water Conservancy District, Ash Creek Special Service District, or other applicable company or district, is required to confirm that the requested zone matches the requirements in the location-specific study, or requirements in the feasibility study if accepted by the county. Also, a letter confirming feasibility from Utah Department of Environmental Quality or the Southwest Utah Public Health Department, whichever agency is applicable, is required.
C. Fire: Submit a fire protection plan to the county and applicable fire district, to show the requested zone can achieve compliance with fire safety requirements and the Utah 2006 Wildland Urban Interface Code, as amended. The plan shall be based on a site-specific wildfire risk assessment that includes the zone change location, topography, aspect, flammable vegetation, climatic conditions and fire history. The plan also shall address water supply, access, fire ignition and resistance factors for the proposed density in the zone, as well as fire protection systems and equipment, defensible space and vegetation management. The fire protection plan shall meet all requirements of the county's Chief Building Official.
D. Power: A will serve letter from the applicable power company shall be submitted prior to the zone change, or submit and obtain an approved alternative energy plan from the county.
E. Access: Submit a rendering showing all public and private roadway accesses to and from the lot or parcel. A zone change shall not be approved unless the applicant shows direct access to a dedicated public street, or a private street approved by the county. A recorded easement in lieu of such street access may be approved in county's sole discretion, with a minimum width of twenty-five feet (25'), and it shall only serve up to two lots or parcels with the right to a single family residence and an ADU on each lot or parcel only. Any such easement in lieu shall be perpetual and not revocable without the written consent of the county. All commercial, manufacturing, or industrial development shall have direct public roadway access, minimum frontage requirement of one hundred and forty feet (140'); access shall not be provided by an easement. Any zone change, if granted, does not affect, and shall not impair, encroach or interfere with the county's claimed public access and R.S. 2477 rights-of-way. The county hereby reserves all access rights, through the lot or parcel that is the subject of a zone change, to lots, parcels, and public lands beyond the requested zone change property. Future development on a lot or parcel that is No the subject of a zone change shall not impair, encroach, or interfere with the county's claimed public access or R.S. 2477 rights-of-way. (Ord. 2022-1025-O, 3-15-2022; amd. Ord. 2022-1223-O, 12-20-2022; Ord. 2024-1251-O, 2-25-2024; Ord., 2-18-2025; Ord. 2025-1292-O, 5-6-2025)