Minutes of the Iron County Commission meeting convened at 9:00 a.m. July 14, 2008in Commission Chambers at the Iron County Courthouse, Parowan, Utah.

The Commission noted the absence of Commissioner Alma Adams. Commissioner Adams is out of the Country and is excused from the meeting.

Scott Garrett reminded the Commission that as part of the open and public meetings law, an annual training needs to be conducted. The Commission requested that the Attorney’s Office prepare a training to be presented to elected officials.

Wayne Smith reported that he has toured 1700 West in Cedar Valley with Neil Forsyth and Steve Platt to get an idea of the repairs the residents will be requesting in the meeting.

Lois Bulloch reported that the Rural Summit is scheduled for August 7 & 8 at SUU. She requested that the Clerk’s Office register the Commissioners for these meetings.

Wayne Smith made a motion to open a public hearing to receive comments on proposed Ordinance 2008-4 Amendment to Iron County Code Zoning Ordinance Amending Section 17.16.040 Table of Site Development Standards and Resolution 2008-3 Amendment to Performance Subdivision Tables to Allow Greater Lot Coverage in the R-1/2 Higher Density Subdivision. Second by Lois Bulloch. Voting: Lois Bulloch, Aye; Wayne Smith, Aye.

Chad Nay explained Resolution 2008-3 amendment to performance subdivision tables to allow greater lot coverage in the R-1/2 higher density subdivision. The Planning Commission has reviewed the proposal and have recommended approval.

No other public comments were received whereupon Wayne Smith made a motion to close the public hearing and to adopt Iron County Resolution 2008-3 as follows:

A RESOLUTION OF THE COUNTY LEGISLATIVE BODY OF IRON COUNTY, UTAH, AUTHORIZING AND SPECIFYING THE AMENDMENT OF STANDARDS AND REQUIREMENTS FOR THE PERFORMANCE SUBDIVISION ORDINANCE ESTABLISHED BY ORDINANCE No. 218 AND PROVIDING FOR AN EFFECTIVE DATE.

THAT, the County Legislative Body of Iron County has heretofore found, determined and declared that the public health, convenience and necessity requires and amendment to the establishment of standards requirements for a performance subdivision option in the Iron County Subdivision Ordinance, and

THAT, in accordance with Ordinance No. 218, Performance Subdivision Ordinance Amendment of Iron County, Utah, passed November 27 , 2006, the County gave public notice of its intention to establish the Performance Subdivision Ordinance and held a public hearing, at which public hearing, the Board permitted all interested persons to be heard and received all written comments submitted at the time, and

THAT, the Board has taken all actions and accomplished all matters required and necessary to implement this Resolution as a part of Ordinance No. 218 .

NOW THEREFORE, THE COUNTY LEGISLATIVE BODY OF THE IRON COUNTY, UTAH RESOLVES AS FOLLOWS:

Section 1. County Resolution No. 2008-3 is hereby approved and passed to read as provided herein.

Section 2. Section 16.32.040 (Development Standards) B of the Iron County Zoning

Ordinance is hereby amended by this Resolution as provided in Ordinance 218, and may be further amended by Resolution of the Iron County Commission, from time to time, if needed to better accomplish the purposes of Iron County.

B. Minimum Lot Width and Yard Setback - The minimum lot width and yard requirements may be reduced below the width and yard normally required by the R ½ zoning district in which the performance subdivision is located, as prescribed below and as recommended by the Planning Commission, and approved by the County Commission.

Lot size (square feet)	Min Lot Width	Front		Side Min	Side Corner Min.	Rear Min	Bldg. Separation Min.	Height Max	Max. Lot Coverage
Lot size (square feet)	Min Lot Width	Min.	Max.	Side Min	Side Corner Min.	Rear Min	Bldg. Separation Min.	Height Max	Max. Lot Coverage
5,000 - 7,000	50	20	20	6	20	10	5	25	Note *
7001 - 12,000	75	20	30	8	20	10	10	25	Note *
12,001 - 21,779	100	25	30	10	20	15	15	30	Note *
21,780 and above	120	30	NA	10	30	30	15	30	30 % *
Accessory Building Setbacks – Unless determined otherwise by the County Commission, accessory building setbacks shall be 5 feet minimum for rear and side yard setbacks. Front yard is the same as the principle building. Accessory buildings may not be located in utility easements. * The building setback and separation requirements shall be adequate for establishing maximum lot coverage for lots of less than 21, 780 sq. ft. in the R-1/2 zone, when the Performance Subdivision option is approved.

Section 3. All officers and employees of Iron County are hereby authorized and directed to take all actions necessary and appropriate to effectuate the provisions of this Resolution.

Section 4. If any one or more sections, sentences, clauses or provisions of this Resolution shall for any reason be held inapplicable or invalid, such holding shall not affect, impair or invalidate the remaining provisions of this Resolution but shall be limited in its operation and effect to the specific sections, sentences, clauses or provisions hereof held inapplicable or invalid. The inapplicability or invalidity of any section, sentence, clause or provision of this Resolution in any one or more instances shall not affect or prejudice in any way the applicability or validity of this Resolution in any other instance.

Section 5. All acts, resolutions and regulations of Iron County in conflict with or not consistent with this Resolution are hereby repealed to the extent only of such conflict or inconsistency. This repealer shall not be construed so as to revive any act, resolution or regulation, or part thereof, heretofore repealed.

Section 6. This Resolution shall take effect immediately upon its approval and passage by the Board of County Commissioners.

PASSED, APPROVED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF IRON COUNTY, UTAH this 14^th day of July , 2008.

Wayne Smith made a motion to open a public hearing to receive comments on a proposed ordinance to Amend the to Iron County Code/Zoning Ordinance - Amending Section17.16.040 and the Table of Site Development Standards. Second by Lois Bulloch. Voting: Lois Bulloch, Aye; Wayne Smith, Aye.

Chad Nay commented that the Planning Commission has reviewed and recommended the revisions in County Code Section 17.16.040. He also explained the purpose of the amendments in amending site development standards for setbacks in performance subdivisions which will allow larger homes on the smaller lots.

No other comments were received either in favor or opposition whereupon Wayne Smith made a motion to close the public hearing and to adopt Ordinance 2008-4 as follows. Second by Lois Bulloch.

AN ORDINANCE OF THE BOARD OF IRON COUNTY COMMISSIONERS, PROVIDING FOR AMENDMENTS TO SECTION 17.16 040, ZONING ORDINANCE OF IRON COUNTY, UTAH REGARDING TABLE OF SITE DEVELOPMENT STANDARDS; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, in order to provide for the health, safety and general welfare of the citizens of Iron County, Utah, the County commission is committed to establish and keep current a Land Use Ordinance that specifies land use regulations and standards; and

WHEREAS, on April 13, 1998, the County Commission adopted the Zoning Ordinance of Iron County, Utah in accordance with the provisions of Utah Code Annotated relating to the adoption and content of Zoning Ordinances in the State of Utah; and

WHEREAS, since the adoption of the Zoning Ordinance, changes have occurred in the land use patterns, demand for and potential supply of high quality real estate development located in the unincorporated areas of the County; and

WHEREAS, the County has determined that it needs to amend the Table of Site Development Standards and has determined that this ordinance meets the purposes and intent of the Iron County Land Management Code and General Plan; and

WHEREAS, the Planning Commission of Iron County has held a duly advertised and noticed public hearing on the proposed amendments to the Zoning Ordinance of Iron County, Utah for the purpose of receiving public comment regarding the content of the amendments and has forwarded a recommendation to the County Commission that the this Ordinance Amendment to the Zoning Ordinance of Iron County, Utah be adopted; and

WHEREAS, the County Commission of Iron County has held a duly advertised and noticed public hearing on the proposed TABLE OF SITE DEVELOPMENT STANDARDS AMENDMENT of Iron County, Utah for the purpose of receiving public comment regarding the content of the amendments.

NOW THEREFORE, BE IT ORDAINED BY THE COUNTY LEGISLATIVE BODY OF IRON COUNTY, UTAH AS FOLLOWS:

1. The document “TABLE OF SITE DEVELOPMENT STANDARDS AMENDMENT of Iron County, Utah ” attached hereto is hereby adopted, to amend, modify, replace or alter the sections identified herein, with necessary formatting, grammatical and spelling revisions as required.

2. All ordinances adopted subsequent to the “TABLE OF SITE DEVELOPMENT STANDARDS AMENDMENT of Iron County, Utah :”, shall comply with the goals and policies of the General Plan of Iron County, Utah, as amended, and the Iron County Zoning Ordinance, as amended, as does this ordinance.

3. This ordinance shall take effect upon its passage by a majority vote of the Iron County Board of County Commissioners and following notice and publication as required by law.

PASSED, APPROVED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF IRON COUNTY, UTAH this 14^th day of July , 2008.

The Table of Site Development Standards accompanies the Table of Uses. This table identifies the lot requirements, required setback and yard standards, building height standards, site coverage standards, and other requirements for the uses allowed within each zoning district.

TABLE OF SITE DEVELOPMENT STANDARDS

ZONING DISTRICTS

A-20

R-5

R-2

R-1

R-1/2**

I-A

Minimum Lot Width

300 Ft.

165 Ft.

120 Ft.

90 Ft.

100 Ft.

150 Ft.

1320 Ft.

Minimum Front Yard Setback

60 Ft.

30 Ft.

20 Ft.

25 Ft.

200 Ft.*

Minimum Rear Yard Setback

60 Ft.

40 Ft.

30 Ft.

25 Ft.

30 Ft.

50 Ft.

200 Ft.*

Minimum Side Yard Setback

30 Ft.

10 Ft.

25 Ft.

40 Ft.

200 Ft.*

Minimum Side Yard Setback (CornerLot)

30 Ft.

200 Ft.*

Minimum Distance Between Buildings

15 Ft.

Max./Min. Building Height

30 Ft. or Two (2) Stories/One (1) Story

Three (3) Stories/One (1) Story

Minimum Lot Size (Acres)

1/2

Maximum Total Lot Coverage (all buildings)

(Max. Site Coverage may be >5% for Green-houses)

10%

15%

30%

50%

Accessory Outside Storage Areas

When located adjacent to any Ag. or Res. District must be screened by a solid, non- land-scape, fence or wall at least six (6) feet in height.

Outside and Security Lighting

Must reflect away from adjacent Ag. and Res. District

* All uses and buildings located within the I-A zoning district, except for dwellings and accessory uses for dwellings, shall meet the minimum setbacks required for the I-A zoning district. Accessory uses and buildings in the I-A zoning district shall meet the minimum setbacks of the A-20 zoning district.

** The R-1/2 zone, where a “Performance Subdivision Option” is approved, shall incorporate minimum and/or maximum values for setbacks, lot sizes and widths, building separation and heights, and maximum building coverage as prescribed in Section 16.23.040 (Development Standards).

PUBLIC HEARING ORDINANCE 2008-5 :

Wayne Smith made a motion to open a public hearing to receive comments regarding a proposed amendment to Iron County Code/Zoning Ordinance Revising Provision of Chapter 17.12. Second by Lois Bulloch. Voting: Lois Bulloch, Aye; Wayne Smith, Aye.

Reed Erickson commented that this ordinance is proposed to bring Iron County Code and General Plan into compliance with State Code regarding notice requirements regarding amendments to the county general plan, zoning ordinance and land management code. The Planning Commission has reviewed the proposed amendment and have recommended that the Commission adopt Ordinance 2008-5.

Chad Nay reported that the Planning Commission had voted unanimously to recommend approval of the ordinance.

After all public comments were received, Wayne Smith made a motion to close the public hearing and to adopt the recommendation of the Planning Commission and to approve Ordinance 2008-5 as follows. Second by Lois Bulloch.

IRON COUNTY, UTAH ORDINANCE 2008-5

AN ORDINANCE OF THE BOARD OF IRON COUNTY COMMISSIONERS, PROVIDING FOR AMENDMENTS TO CHAPTER 17.12, ZONING ORDINANCE OF IRON COUNTY, UTAH REGARDING AMENDMENTS TO THE COUNTY GENERAL PLAN, ZONING ORDINANCE AND LAND MANAGEMENT CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the County has determined that it needs to revise the amendment procedures for the land management code and the general plan and has determined that this ordinance meets the purposes and intent of the Iron County Land Management Code and General Plan; and

WHEREAS, the County Commission of Iron County has held a duly advertised and noticed public hearing on the proposed General Plan and Land Management Code Amendments - Amending Ordinance of Iron County, Utah for the purpose of receiving public comment regarding the content of the amendments.

NOW THEREFORE, BE IT ORDAINED BY THE COUNTY LEGISLATIVE BODY OF IRON COUNTY, UTAH AS FOLLOWS:

1. The document “General Plan and Land Management Code Amendments - Amending Ordinance of Iron County, Utah” attached hereto is hereby adopted, to amend, modify, replace or alter the sections identified herein, with necessary formatting, grammatical and spelling revisions as required.

2. All ordinances adopted subsequent to the “General Plan and Land Management Code Amendments - Amending Ordinance of Iron County, Utah:”, shall comply with the goals and policies of the General Plan of Iron County, Utah, as amended, and the Iron County Zoning Ordinance, as amended, as does this ordinance.

3. This ordinance shall take effect upon its passage by a majority vote of the Iron County Board of County Commissioners and following notice and publication as required by law.

PASSED, APPROVED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF IRON COUNTY, UTAH this 14^th day of July , 2008.

BOARD OF COUNTY COMMISSIONERS

IRON COUNTY, UTAH

By:

Lois L. Bulloch, Chair

ATTEST:

David I. Yardley,

County Clerk

VOTING:

Lois L. Bulloch Aye

Alma L. Adams Absent

Wayne A. Smith Aye

General Plan and Land Management Code Amendments - Amending Ordinance of Iron County, Utah

Section 17.12.020 Procedures for amending the Iron County general plan text and maps.

A. The County Staff shall report to the planning commission indicating whether the proposed amendment is consistent with the general plan, and identify any revisions to this title and the land management code required to implement the proposed amendment.

B. Prior to recommending the adoption, rejection or revision of any general plan amendment, the planning commission shall hold a public hearing in accordance with the procedures of this title and the Utah Code and providing at least ten (10) days notice.

C. Following the general plan amendment recommendation from the planning commission, the county commission shall schedule a public hearing to consider the planning commission recommendation for the proposed general plan amendment. The county commission shall consider the proposed general plan amendment and the recommendation of the planning commission pursuant to the procedures established by this title and the Utah Code and shall schedule a public hearing and provide required notice. The county commission may approve the amendment, revise the proposed amendment and approve the proposed amendment as revised, or reject the proposed amendment. The county commission shall approve a general plan amendment only upon the affirmative vote of a majority of its membership. If the county commission approves the proposed amendment as submitted or as revised, the county commission shall adopt the general plan amendment by ordinance.