Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Nonconforming Uses topic
No spam. Unsubscribe anytime.
Planning commission tightens nonconforming‑use rules, removes provision allowing swaps between nonconforming uses
Summary
After extended debate, commissioners recommended replacing the county‑legacy nonconforming‑use chapter with a stricter local version and directed staff to delete the subsection that would allow a nonconforming use to switch to another nonconforming use; recommendation passed 4–0.
The Emigration Canyon Planning Commission on July 10 recommended that the city council adopt a rewritten Chapter 19.88 that substantially tightens rules for nonconforming uses and noncomplying structures.
Staff explained the county legacy language was permissive and inconsistent with state law; the proposed replacement was modeled on Park City and Brighton code to make the town’s approach more enforceable. The replacement language sets limits on changes to nonconforming structures and requires any new building square footage to comply with current setback, size and height standards.
Commissioners debated a subsection that would have allowed a nonconforming use to change to another nonconforming use via conditional‑use review. After several commissioners expressed concern about unintended consequences and legal exposure, the commission directed staff to remove that subsection (all of 'b' and its subparagraphs). Commissioner Jody moved to forward the revised chapter with the described edits; the motion passed unanimously.
Staff said diagrams in the packet helped clarify how new building square footage would be treated under the rewrite and that staff will bring a final redline clean copy to the council with editorial fixes.
