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Commission recommends requiring permits for agricultural uses in Emigration Canyon code
Summary
Planning staff and the commission agreed to remove an exemption that previously allowed agricultural uses and keeping animals to proceed without permits; the change will be forwarded to city council with housekeeping edits to titles and capitalization.
On July 10 the Emigration Canyon Planning Commission unanimously recommended the City Council amend municipal code Section 19.02.09 to remove a longstanding exemption that let uses described as "agricultural" and the keeping or raising of animals proceed without a use or building permit.
Staff told the commission the exemption is a legacy of county code intended for agricultural jurisdictions in the valley and has caused administrative confusion in the canyon. The proposed change would subject agricultural activities to the same permitting processes as other uses so the municipality can review consistency with zoning, health and safety standards.
Commissioners requested minor editorial changes before forwarding the language to the City Council: capitalizing the title Building Official, replacing language such as "Development Services Division Director or designee" with the defined term "Director of Planning and Development Services or the director's designee," and standardizing references to "Planning Commission." Commissioners also asked staff to change wording for certain timing provisions from "will not be" to "shall not be" and to use "walkway" instead of "sidewalk" in the appropriate subsections.
A motion to amend Section 19.02.09 (building and use permits required) and to forward the corrected draft to council passed unanimously. The commission’s motion specified striking the sentence that read, "No use permit shall be required for land used for agricultural purposes as defined in this title and/or for the keeping or raising of animals or fowl." The motion also asked staff to make the capitalization and title cleanups before submitting the ordinance.
Staff said removing the exemption does not criminalize small home gardens; rather, it places agricultural uses within the general permitting framework so the city can apply consistent standards. Commissioners discussed how the change works with state law that allows municipalities to adopt a pending‑ordinance provision (a 180‑day vesting pause) when amending code; staff confirmed the city has been publicly noticing the code updates so the 180‑day window referenced in state law has already run on items noticed earlier.
The commission recorded a unanimous recommendation (4–0) to forward the amendment with the requested editorial changes to the council.
