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Emery County bars conditional-use permits on nonconforming lots, approves scrap‑metal permit
Summary
The commission approved a conditional-use permit for a scrap‑metal operation with conditions and unanimously adopted a policy that nonconforming lots are ineligible for conditional-use permits going forward; commissioners also directed staff to work on a commercial zoning ordinance.
Emery County commissioners on June 3 approved a conditional-use permit recommendation for a scrap-metal/wrecking-yard business and voted to stop issuing conditional-use permits on nonconforming lots going forward.
Planning staff presented the Derek Beagley application for a scrap-metal operation south of the town of Emery and recommended approval subject to conditions limiting long-term storage (no accumulations longer than five years), banning large amounts of stored oil or hazardous chemicals, protecting soils and requiring removal of business materials if the property is sold. The commission moved and approved the planning commission’s recommendation.
Later in the meeting commissioners discussed recurring nonconforming-lot requests and debated clarity and consistency. The commission adopted a motion stating "nonconforming lots in the county are not eligible for conditional use permits" and directed staff to work on establishing a commercial zoning ordinance to provide clear standards for businesses that might require smaller-than-conforming lot sizes. The motion passed by voice vote.
The policy change does not retroactively revoke already approved permits but establishes a standard for future requests; planning staff said they would return with draft ordinance language and guidance to implement the new direction.
