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County adopts agritourism temporary-use ordinance with 20‑acre minimum and 5‑complaint review trigger

Utah County Board of Commissioners · May 29, 2018
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Summary

Commissioners adopted a Land Use Ordinance amendment creating an 'agritourism' temporary use in RA5 zones (20-acre minimum, 500-foot buffer, up to 65 days/year and extended weekend hour to 11 p.m.), and added a condition that five complaints from nearby residents will trigger a full commission review.

The Utah County Commission on May 29 adopted an amendment to the Land Use Ordinance to create a temporary-use category for agritourism in RA5 zones, establishing rules aimed at allowing farmers to generate supplemental income while protecting neighbors.

Community Development staff described the ordinance as defining agritourism and related activities (corn mazes, pumpkin patches, seasonal events) and setting standards: a 20-acre minimum, 500-foot buffer from adjacent dwellings (waivable with written consent), limits on hours (planning commission recommended extending weekend hours to 11:00 p.m.), and a cap of 65 days per calendar year of temporary use approvals. The ordinance applies to RA5 zoning only and includes language intended to prevent making existing platted lots unbuildable under current standards.

Commissioners discussed neighbor impacts, notification procedures and whether to require additional review when applications abut higher-density areas or cities. One commissioner proposed adding safeguards so that if five or more complaints from nearby residents are received after the first year of operation, the application would be reviewed again by the commission. Commissioners also discussed optional adjacent-property notification as a disclosure mechanism.

Applicant Rex Larson and his daughter Cara Lewis described their family farm's plan to add educational and seasonal agritourism activities to preserve agriculture and supplement income. Public commenters including Shauna Phelps expressed support and cautioned about road/access issues and federal food-safety signage requirements for on-site picking.

A motion to adopt the ordinance, including the addition that five complaints from nearby residents would trigger a review, was moved, seconded and approved by voice vote. Staff will implement the ordinance and develop any necessary application or notification procedures. The ordinance's adoption provides a local framework for agritourism while preserving discretion to address demonstrated neighbor impacts.