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County commissioner raises concerns about procedural correctness of recent CUP and rezone decisions
Summary
County Commissioner Duffy recapped a prior meeting and raised concerns that a conditional-use permit (CUP) and a unilateral rezone may conflict with state land-use code and county zoning tables; he noted one CUP passed 4-3 and another item passed unanimously and said the decisions could be open to appeal.
County Commissioner Duffy provided a recap of items from a prior meeting, telling the commission that a conditional-use permit for one business passed 4-3 and that another conditional-use permit passed unanimously.
Duffy raised a procedural concern about a CUP that he said was granted where the use was not listed as allowed in the county—s land-use table, and he cited state code 17-27a-506 as relevant to unilateral rezones. He said that, in his view, the process used to allow the CUP may have been inconsistent with the land-use table and could be subject to appeal.
Commission members and staff responded that the land-use table can be spread across sections of the code and that interpretations can be complicated; staff said they would review whether small-scale manufacturing or accessory uses were permitted in the relevant zoning designation and promised to follow up with documentation.
Duffy also summarized other items from the earlier meeting: a rezone for a walking course that he recalled passed unanimously, and a report that a conditional-use permit for "Bridal Moab Industries" passed unanimously. He said the commission needs to be careful about CUPs because a CUP overlays a property and stays with the property, which can create long-term implications for zoning.
No new action on code enforcement or appeals was taken at this meeting; the exchange was a status update and a request for staff review of the prior decisions.
