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Utah County Commission approves narrow amendment allowing shared driveways in limited rural cases

Utah County Commission · November 10, 2021
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Summary

The commission approved an amendment to the Utah County Land Use Ordinance to permit shared driveways in select M and CE zones only where topography, stream crossings, UDOT or railroad constraints make frontage access infeasible; the change is limited to two immediately adjacent properties with recorded easements and fire/building-code compliance.

The Utah County Commission on Nov. 10 approved an amendment to sections 4.44 and 4.48 of the Utah County Land Use Ordinance that allows limited shared driveways in M and G‑1, CE‑1 and CE‑2 zones when specific access constraints exist.

Daniel Jensen, Community Development, told the commissioners the change responds to properties that cannot reasonably obtain access from their frontage because of steep slopes, stream crossings, UDOT access restrictions or railroad corridors. "In those types of scenarios, we allow a shared driveway, and that shared driveway could initiate from a point along the road that is outside of the frontage for the lot that it serves," Jensen said, adding that staff limited the proposal in several ways.

Rob Moore of the County Attorney's Office summarized the restrictions. "The point of access is no more than 330 feet from the subject property," Moore said, and the shared access must involve immediately adjacent parcels; the shared access must comply with building and fire requirements so emergency services can find and reach homes.

Under the approved language the shared access is allowed only when (1) the lots are immediately adjacent, (2) the access point is within 330 feet of the lot frontage, (3) an easement is recorded outlining permitted access, (4) the configuration complies with building and fire codes, and (5) a qualifying constraint exists (for example, stream crossing or UDOT refusal to permit frontage access).

Commissioners debated whether the language was tight enough to prevent broader use. Commissioner Gardner said staff "have thought of any potential conflicts" and supported approval. One commissioner asked whether the 12% grade threshold might be too permissive; staff responded the slope threshold aligns with fire-code limits and other safety standards.

A motion to approve the amendment was made and seconded; the clerk recorded verbal approval with three commissioners saying "aye." The commission announced that agenda item 19 passes.