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After resident complaints, Emery County commissioners restrict conditional-use permits on nonconforming lots and ask staff to draft commercial zoning
Summary
Following public complaints and litigation over nonconforming one-acre lots, commissioners voted to end issuance of conditional-use permits on nonconforming (sub-10-acre) lots and directed staff to pursue a commercial zoning ordinance; the commission also authorized sending a planning commission letter to a complaining property owner, Jason Merrill.
Emery County commissioners moved on June 3 to stop issuing conditional-use permits (CUPs) for nonconforming lots—defined in discussion as lots smaller than the county’s 10-acre conforming size—and directed planning staff to draft a commercial zoning ordinance to provide defined commercial areas.
The action followed public comment by two residents and a long, detailed statement from property owner Jason Merrill, who said he bought a one-acre nonconforming lot in Huntington Canyon, sought guidance from county staff, and then faced selective enforcement and court action. Merrill told the commission that he was fined $1,000 and placed on probation after litigation over parking a legally licensed trailer on his property.
County Attorney Olsen responded that the dispute had already been litigated in court and that the county attorney would not re-litigate the matter in open session. "This case has been fully and fairly litigated in court where it was supposed to be," Olsen said. The commission nevertheless discussed the consistency of enforcement, training for staff, and clearer policy language.
Commissioners approved a motion that nonconforming lots will not be eligible for conditional-use permits going forward and that staff should work to establish commercial zoning areas so small-lot businesses have a clear path. The commission also voted to send the Planning & Zoning Commission’s response letter to Jason Merrill as written.
What was decided: The commission’s motion creates a forward-looking policy (not an immediate retroactive enforcement change) to provide clarity for applicants and staff. Commissioners said they want transparent, consistent processes and asked planning staff to bring draft ordinance language and a recommended process back to the commission.
