Board pauses nonconforming-lot land-use changes after hours of testimony; continues hearing to Aug. 5

The board opened a public hearing on proposed amendments to land use code section 5-19 (nonconforming lots) and heard hours of public testimony before directing staff to redraft specific provisions and continue the hearing to Aug. 5.

Planning staffer John Huebner presented two options: Option 1 would explicitly allow in the listed zone districts uses allowed by right and those allowed subject to administrative review on legally nonconforming parcels; Option 2 would additionally allow consideration of special use permits (SUPs) for nonconforming lots, bringing in a discretionary review path. Huebner said the amendment aims to resolve conflicting language in several zone-district provisions and the nonconforming-lot section (5-19-0-8).

Commissioners and staff debated whether a strict reading of the current code would limit nonconforming lots to a single-family dwelling only, or whether the intent of other zone-district sections created an implicit allowance for a broader set of uses. Planning and county-attorney staff said the plain language of the minimum-parcel-size provisions and 5-19-0-8 creates ambiguity that should be resolved in the code.

The hearing drew sustained public participation. Speakers representing property owners, planning consultants and nearby residents gave opposing views. Several long-time Wright—s Mesa residents and representatives (including Chris Hawkins and Ken and CJ Watt) urged caution about changing long-standing practice and recommended more detailed nonconforming-lot regulations rather than a simple blanket change. Other commenters (including Michelle and Paul Sherry) said the administrative/SUP process already provides neighbor notice and mitigation, and expressed concern that rewriting the code could deprive property owners of expected opportunities.

Board members discussed a middle path: permitting the uses in question but moving many potentially intrusive categories from a single-step review to a two-step SUP process when proposed on nonconforming lots, to ensure greater public notice and planning-commission review. Commissioner Gleeson, Commissioner Brown and the chair all voiced concern about unchecked changes without additional review and neighbor notification.

After debate the board directed staff to draft code language that would require a two-step review process for uses on nonconforming lots in the affected zone districts and return with an edited resolution; the board voted to continue the public hearing to Aug. 5 to allow time to prepare the revised language and notice.