Emery County commissioners tighten policy on conditional use permits for nonconforming lots after resident complaints

The Emery County Commission spent a large portion of its meeting discussing planning, code enforcement and how the county treats nonconforming lots in mountain and rural zones. Commissioners approved multiple actions: sending a planning‑commission response letter to a resident, approving a planning commission recommendation for a conditional use permit with conditions, and adopting a county policy to stop issuing conditional use permits for nonconforming lots while directing staff to develop a commercial zoning ordinance.

The discussion began with citizen concerns about encampments on privately owned lots near Huntington. Tyler Jess, who identified himself as a concerned citizen and a member of the Planning and Zoning Committee, asked how the county enforces ordinances and said two properties near the south end of Huntington — one owned by West Hilliard and the other by Janelle Johnson — had become long‑term encampments with multiple trailers, fences and insulation indicating people intended to stay. Tyler asked for consistent enforcement and a written response laying out how the county would proceed.

Jason Merrill addressed the commission about his long‑running dispute over use of a one‑acre nonconforming lot in Huntington Canyon. Merrill said he had repeatedly sought guidance from planning staff, had received conflicting responses, and ultimately faced fines and court action after parking a legally licensed trailer on his property. Merrill told the commission he believed the county ordinance that prohibits “all uses and structures” on a nonconforming parcel amounted to a regulatory taking. County staff said the matter had been litigated; the county attorney's office indicated it would prosecute code violations brought to the office.

The planning commission had recommended that a letter responding to Merrill's questions be sent; commissioners voted to forward that planning‑commission response to Merrill. The vote to send the letter was approved unanimously.

Separately, the planning commission recommended approval, subject to conditions, of a conditional use permit application from Derek Beagley to operate a scrap‑metal/wrecking yard south of the town of Emery. Planning staff summarized the conditions — limits on long‑term storage (described as intended to be more than five years), restrictions on storing large amounts of oil or hazardous chemicals, and requirements to protect soil and remove business materials if the property is sold. Commission discussion noted the site is on dry land and largely out of sight from the town; a motion to accept the planning commission’s recommendation was made and seconded and passed unanimously.

The commission then addressed a broader policy question: whether to permit conditional use permits on nonconforming lot sizes going forward. Commissioners voted to adopt a policy that nonconforming lots in the county (the county’s conforming lot size was stated in discussion as 10 acres in many zones) will not be eligible for conditional use permits. The motion also directed county staff to work to establish a commercial zoning ordinance to create a clear pathway for businesses that require smaller parcels. Commissioners said the aim was to give clearer guidance to planning staff and to apply consistent rules going forward.

Commissioners, planning staff and the county attorney emphasized that some decisions had already been litigated and that the commission’s action reflects a desire for clearer, consistent policy and more transparency for residents and staff. The commission asked planning staff to provide regular notice of conditional use permits and similar approvals to ensure commissioners are aware of activity across the county.