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.

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.

Section 17.12.050 Procedures for amending the Iron County land management code.

A. The Iron County land management code, of which the ordinance codified in this Title 17 is a part, may be amended from time to time, consistent with the adopted Iron County general plan.

B. The County Staff shall a report to the planning commission indicating whether the proposed land management code amendment is consistent with the general plan, and identify any other revisions to the land management code that would be needed to implement the proposed amendment. Following the required public hearing(s), the planning commission shall forward a recommendation to the county commission recommending approval, modification or disapproval of the proposed land management code amendment. The county commission shall consider the proposed 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 land management code 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 amendment by ordinance and in accordance with all procedures established by law.

C. The planning commission may recommend and the county commission may attach such conditions to the approval of an application for a land management code amendment as are necessary to implement the general plan. All conditions shall be expressly stated in the approving ordinance.

PERSONNEL MATTERS :

Colette Eppley presented for approval a volunteer Richard Nielson as a Volunteer Fireman in the Newcastle Fire Department. Wayne Smith made a motion to approve the volunteer as requested. Second by Lois Bulloch. Second by Lois Bulloch. Voting: Lois Bulloch, Aye; Wayne Smith, Aye.

Colette Eppley also requested clarification of the pay scale for the Career Service Council. The Commission approved a rate of $50.00 for each meeting up to four hours and $100.00 for each full day on a motion by Wayne Smith. Second by Lois Bulloch. Voting: Lois Bulloch, Aye; Wayne Smith, Aye.

ROAD MAINTENANCE REQUEST :

A group of residents from Eagle Valley Ranches residing on 1700 West north of Midvalley Road requested the County assume maintenance of 1700 West in exchange for their deeding the right of way to the County and to allow the installation of a sewer line from the Three Peaks Elementary School. The School District contracted to have the line installed and promised the residents that all damage would be repaired. To this date, the manhole covers have not been placed correctly and damage done to the oiled surface has not been repaired. There is also a large open ditch that was dug near Midvalley Road which does not drain properly.

Steve Platt reviewed the history of the project and requested that residents approve a Special Improvement District to bring the roads to County standards.

Residents commented that they could not afford an SID considering lot sizes and requested the County repair the road as promised by the School District.

Wayne Smith agreed to contact the School District and request that the necessary repairs be done to the manhole covers and that the School District purchase the oil to repair the road. He also agreed that if the School District will purchase the oil, the Road Department will do the patching and repair of the road.

REQUEST FOR MINOR LOT SUBDIVISION :

Frank and Lillian Blackburn have requested approval of a minor lot subdivision on their property located on North Center Street in Summit near the I-15 overpass, Within Sec 35 , T 34S, R 10W, SLB&M. Chad Nay reported that the request has been presented to the Planning Commission and meets all of the requirements to be approved. The Planning Commission has recommended approval of the minor lot subdivision.

Wayne Smith made a motion to approve the minor lot subdivision as requested and recommended by the Planning Commission. Second by Lois Bulloch. Voting: Lois Bulloch, Aye; Wayne Smith, Aye.

CEDAR HIGHLANDS ROAD MATTER :

Jacqueline Tully, a property owner in Cedar Highlands Subdivision met to inquire as to the status of the widening and improvement request for the Greens Lake road. Commissioner Smith explained that the matter has been referred to the County Engineer to follow through with the BLM to determine if sufficient right of way exists to widen the road and make the requested changes. The BLM is in the process of doing an archeological review and at this time they have not responded. The matter may take some time to determine if the improvement can be completed.

ROCKY MOUNTAIN POWER UPDATE :

Mark Cox, representing Rocky Mountain Power presented a customer performance review for projects being completed by the Company. The substation located adjacent to the College Farm has been realigned within the current footprint and will not require prairie dog take for this project. The new Three Peaks substation has been advertised and a contractor has been selected. Details of the contract are in the negotiation stages at this time. They are currently recording ambient sound readings for the site to determine future sound levels for the substation.

Mr. Cox also reported that the West Cedar and Parowan Valley substations are being upgraded. This should provide ample power supply for several years to come.

PUBLIC HEARING ORDINANCE 2008-6 :

Wayne Smith made a motion to open a public hearing to receive comments regarding a proposed ordinance, ordinance 2008-6 which establishes definitions and regulations for geothermal power plant facilities. Second by Lois Bulloch. Voting: Lois Bulloch, Aye; Wayne Smith, Aye.

Chad Nay commented that the proposed ordinance is modeled after the wind power generating ordinance and provides guidelines for construction and operation of geothermal power facilities within the County. The Planning Commission has recommended approval.

Reed Erickson explained that there are geothermal sources within the County and that several companies have requested information regarding regulations for this source of energy.

Lane Ashton, Razer Technology, stated that their company is proceeding with leasing land and building a geothermal plant within Iron County.

After all comments were received, Wayne Smith made a motion to close the hearing and to approve ordinance 2008-6 as follows. Second by Lois Bulloch.

IRON COUNTY, UTAH ORDINANCE 2008-6

AN ORDINANCE OF IRON COUNTY, UTAH, AMENDING PORTIONS OF TITLE 17, CHAPTERS 17.16 & 17.20, IRON COUNTY CODE; ESTABLISHING CHAPTER 17.35; ESTABLISHING DEFINITIONS AND REGULATIONS FOR A GEOTHERMAL POWER PLANT.

WHEREAS, Iron County finds that geothermal energy is an abundant, renewable and non-polluting energy resource and that its conversion to electricity will reduce our dependence on nonrenewable energy resources and decrease the air and water pollution that may result from the use of conventional energy sources;

WHEREAS, Electricity generated by a geothermal power plant can enhance the reliability and power quality of the power grid by providing baseload power and help diversify the area’s energy supply portfolio; and

WHEREAS, It is the policy of the state of Utah to encourage the development of small power production and co-generation facilities, to promote a diverse array of economical and permanently sustainable energy resources in an environmentally acceptable manner, and to conserve our finite and expensive energy resources and provide for their most efficient and economic utilization. §54-12-1, Utah Code annotated; and

WHEREAS, the State of Utah has provided for Renewable Energy System Tax Credits (§5 9-7-614) and the Iron County Commission desires to remove unnecessary barriers to energy transactions involving independent energy producers and electrical corporations as encouraged by the State of Utah; and

WHEREAS, Iron County has determined that it can develop the County’s geothermal power resources while preserving farmlands and agricultural enterprises and adjoining residential and commercial developments as compatible adjoining uses, and that the public health, safety, and general welfare will be protected and promoted by this ordinance; 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 Geothermal Power Plant 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 Geothermal Power Plant Ordinance for the purpose of receiving public comment regarding the content of the ordinance.

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

SECTION 1. SECTION 17.16.030, TABLE OF USES, IRON COUNTY CODE IS AMENDED BY ESTABLISHING OR AMENDING THE FOLLOWING USES TO READ AND PROVIDE AS FOLLOWS:

Use Table

USES	ZONE DISTRICTS

	A-20	R-5	R-2	R-1	R-1/2	C	LI	I	IA
Geothermal Power Plant	C	X	X	X	X	X	X	C	C

SECTION 2. TITLE 17, CHAPTER 17.35, IRON COUNTY CODE IS ENACTED, AMENDED, ADDED, OR ALTERED TO READ AS FOLLOWS:

CHAPTER 17.35 Geothermal Power Plant

Sections:

17.35.010 Purpose

17.35.020 Definitions

17.35.030 Regulations and Design Standards, Geothermal Power Plant

17.35.040 Provisions for Conditional Use Permit Review

17.35.050 Submission of Application

17.35.010 Purpose:

The purpose of this Chapter (17.35) is to establish minimum requirements and regulations for the placement, construction and modification of geothermal power plants, as defined herein, while promoting the safe, effective and efficient use of such systems.

17.35.020 Definitions:

A.Cooling Tower means an evaporative or air cooling system designed to augment the -cooling during high ambient temperature conditions.

B. Generating Unit means equipment used to convert heat provided by geothermal resources into electricity consisting of an evaporator, condenser, turbine, induction generator, cycle-pump, system controls, control valves, and piping.

C.Geothermal Power Plant means a facility that uses geothermal energy, defined as natural heat, hot water and/or steam from within the Earth, to produce electricity.

D.Switchgear the term switchgear, used in association with the electric power system, or grid, refers to the combination of electrical disconnects, fuses and/or circuit breakers used to isolate electrical equipment.

E.Transformers a device that transfers electrical energy from one circuit to another through inductively coupled electrical conductors.

17.35.030 Regulations and Design Standards - Geothermal Power Plant

A geothermal power plant shall comply with the regulations and design standards set forth below.

A. Permitted Locations. A geothermal power plant is permitted as described in Section

17.16.030, Table of Uses, Iron County Zoning Ordinance.

B. Minimum Lot Size. No geothermal power plant shall be erected on any lot less than

twenty acres in size.

C. Total Height. The total height of the tallest cooling tower shall not exceed 50 feet.

D. Setbacks.

a. Property lines. A geothermal power plant shall be set back from the nearest property line, public road right-of-way and tanks containing combustible/flammable liquids not less than 1.5 times the total height of its tallest cooling tower or highest structure.

b. Inhabitable or Public Structures/Other Uses. No geothermal power plant shall be located within ½ mile (one-half of a mile) of the nearest existing inhabitable structure (residence), platted subdivision, or public building or gathering place (park, church, hospital, library, school, playground, etc.), unless first obtaining a nuisance impact easement, as described in 17.35.060, from the property owner of such property located within ½ mile (one-half of a mile) of the proposed geothermal power plant.

E. Safety / Access.

a. An 8 foot fence shall be placed around the perimeter of the geothermal power plant and electrical equipment shall be locked.

b. Appropriate warning signage shall be placed on towers, electrical equipment and geothermal power plant entrances.

F. Noise. No geothermal power plant shall exceed 65 dBA as measured at the property

Line or 50 dBA as measured at the nearest neighboring inhabitable building.

G. Visual Appearance.

a. Geothermal power plants shall be finished and maintained as manufactured.

b. The design of any buildings or related structures shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.

c. Appropriate landscaping shall be provided to minimize the visual impact of the commercial geothermal power plant and accessory structures from roads and adjacent residences.

H. Fire Protection. All geothermal power plants shall have a defensible space for fire protection in accordance with the Iron County Wildland-Urban Interface Code.

I. Local, State and Federal Permits. A geothermal power plant shall be required to

obtain all necessary permits from the Utah Department of Environmental Quality,

including the Utah Division of Air Quality and the Utah Division of Water Quality,

applicable permits required by Iron County, and applicable Federal permits.

J. Electrical Interconnections. All electrical interconnection or distribution lines shall comply with all applicable codes and public utility requirements.

17.35.040 Provisions for Conditional Use Permit Review.

Following the provisions of Chapter 17.28, Iron County Code, additional or more thorough

consideration shall be given to the following:

1. Project Rationale (time frame, project life, development phases, likely markets for the generated energy, and possible future expansions).

2. Siting Considerations (avoid areas/locations with a large potential for biological conflict such as wilderness study areas, areas of critical environmental concern, county and state parks, historic trails, special management areas or important wildlife habitat; avoid visual corridors that are essential view sheds or scenic areas designated by the County after analyzing the applicant’s geothermal power plant and considering public hearing comments; avoid areas of erodible slopes and soils, where concerns for water quality and high storm runoff potential have been identified, and known sensitive historical, cultural or archeological resources and public safety concerns mentioned herein can best be avoided).

3. Site and Development Plans (drawn to scale; locating all structures existing and proposed, setbacks, access, project boundary, existing structures outside project boundary within ½ mile of project boundary, existing utilities / pipelines / transmission lines, proposed utility lines / structures, existing topography; map of proposed drainage / grading and natural vegetation removal plan; map of wind characteristics and dominant wind direction; map of flood plains or wetlands, and other items identified by county staff or planning commission).

4. Economic Analysis (economic cost/benefit analysis describing generated property taxes, sales taxes, other taxes, construction dollars spent locally, estimated construction jobs and construction payroll, estimated permanent jobs and continuing payroll, and costs associated with impact on roads and other County infrastructure in the area).

5. Visual impacts, appearance and scenic view sheds (Visual simulations providing vantage points considering a 360 degree view of the project site).

6. Wildlife habitat areas and migration patterns, including avian impacts (including endangered or threatened species, on the site and in a biologically significant area surrounding the site).

7. Environmental Analysis in the absence of required State or Federal Agency review (impact analysis on historic, cultural and archaeological resources, soil erosion, flora in the project area, water quality and water supply in the area, dust from project activities, and cumulative impacts of other adjacent geothermal power plant projects).

8. Solid waste or hazardous waste generated by the project.

9. Lighting and FAA height restrictions, including airport overlay proximity (air traffic safety)

10. Transportation Plan for Construction and Operation Phases (showing proposed project service road ingress and egress access onto the State or County road system, layout of wind energy system service road system and degree of upgrade plan to new and existing roads, anticipated volume and route for traffic including oversized and heavy equipment needed for construction, maintenance and repairs, methodology of repairs and maintenance of roads and bridges used for the project, and related public pedestrian and vehicular access and associated fencing).

11. Public Safety (potential hazards to adjacent properties, pubic roadways, communities, aviation, etc. that may be created).

12. Noise limitations (noise levels at the property line of the project boundary).

13. Telecommunications interference (electromagnetic fields and communications interference generated by the project).

14. Life of the project and final reclamation (describing the decommissioning and final land reclamation plan after anticipated useful life or abandonment or termination of the project, including evidence of an agreement with the property owner that ensures proper final reclamation of the geothermal power plant project).

15. Others, as applicable

17.35.050 Submission of Application

Permit Applications. Application for a geothermal power plant shall include the following information.

1. Site plan to scale showing the location of the proposed geothermal power plant and the locations of all existing buildings, structures and property lines along with distances, including a drawing depicting the area.

2. Elevations of the site to scale showing the height, design and configuration of the geothermal power plant and the height and distance to all existing structures, buildings, electrical lines and property lines.

3. Standard drawings and engineering analysis of the geothermal power plant.

4. A standard foundation and anchor design along with soil conditions and specifications for the soil conditions at the site.

5. Specific information on the type, size, rated power output, performance, safety and noise characteristics of the system including the name and address of the manufacturer, model.

6. Emergency and normal shutdown procedures.

7. A line drawing of the electrical components of the geothermal power plant in sufficient detail to establish that the installation conforms to all applicable electrical codes.

8. Evidence that the provider of electrical service of the property has been notified of the intent to install an interconnected electricity generator, unless the system will not be connected to the electricity grid. If applicable, prior to final approval, the applicant shall provide evidence that the net-metering interconnection application has been applied for, or:

a. a work order number from the utility company has been acquired (for net-metering); and/or

b. proof that an application for tax credit or rebate has been submitted to the State of Utah or applicable utility.

9. A conditional use permit application with response to provisions specified in Section 17.35.040 (1-15) herein.

17.35.060 Nuisance Impact Easements

The following standards shall apply for all nuisance impact easements within Iron County relating to geothermal power plants.

1. The easement must be recorded with the Iron County Recorder=s Office.

2. The easement shall provide that it runs with the land.

3. The easement shall state that the current and subsequent owners are put on notice of the actual proximity of any geothermal power plant and are within the prescribed separation distance area of the proposed geothermal power plant, as well as stating any potential or reasonably anticipated impacts to the property from the proposed geothermal power plant.

4. The easement shall state that it precludes all owners of the property from suing to remove or close the geothermal power plant without proving in the suit that the impacts present a detriment to the health and welfare of the surrounding land owners within the prescribed separation distance area, and is not merely a nuisance to the occupants of an appropriate residence or public gathering place located within a separation distance area.

5. The easement shall be signed and dated by the owner, board of trustees, or governing

body of the subject property and shall be in form that can be recorded in the office of the Iron County Recorder.

SECTION 3. SECTION 17.20.010, USE DEFINITIONS, IRON COUNTY CODE IS AMENDED BY ESTABLISHING OR AMENDING THE FOLLOWING DEFINITIONS TO READ AND PROVIDE AS FOLLOWS:

“Geothermal Power Plant” means a facility that uses geothermal energy, defined as natural heat, hot water and/or steam from within the Earth, to produce electricity.

SECTION 4. SEVERABILITY

Should any portion of this ordinance be found for any reason unconstitutional, unlawful, or otherwise void or unenforceable, the balance of the ordinance shall be severable therefrom, and shall survive such declaration, remaining in full force and effect.

SECTION 5. EFFECTIVE DATE:

This Ordinance, Iron County Ordinance No. 2008-6 shall become effective immediately after publication as set forth in Utah Code § 17-53-208.

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

PUBLIC HEARING AGRICULTURE PROTECTION AREA :

Wayne Smith made a motion to open a public hearing to receive comments on a proposed agricultural protection area requested by Bosshardt Farms LC and David and Ginger Bosshardt,. Second by Lois Bulloch. Voting: Lois Bulloch, Aye; Wayne Smith, Aye.

David Yardley reported that the request for designation as an APA has been forwarded to the Agricultural Protection Board and to the Planning Commission for their recommendation. Both the Agricultural Protection Board and Planning Commission found that the proposed area qualifies as an APA. Notice has been posted and published in compliance with County and State Codes. No written comments have been received either in favor or in opposition to the creation of the APA.

Chad Nay presented the Commission a map showing the proposed protection areas.

After all public comments were reviewed, the Commission made the following findings:

1. The land is used for agricultural production.

2. The land is currently zoned for agricultural use.

3. The land is currently a viable agricultural operation.

4. The land currently has improvements consistent with current husbandry operations.

5. The operation is operating with current trends in agriculture.

Wayne Smith made a motion to close the public hearing and approve the Agricultural Protection Area as applied for by Bosshardt Farms LC and David and Ginger Bosshardt. Second by Lois Bulloch. Voting: Lois Bulloch, Aye; Wayne Smith, Aye.

RESTAURANT TAX BOARD :

The Commission met with Maria Twitchell as a Restaurant Tax Board. Member Rusty Aiken was not present. Commissioner Bulloch reported that because of the bids for the air conditioning project being higher than expected and because of leaks in the roof of the fairgrounds exhibit building the County and Parowan City are requesting that funding be transferred from air conditioning to funding Roof repairs. Estimates are being gathered by Parowan City and David Yardley for the County. Wayne Smith made a motion to approve the funding request change. Second by Maria Twitchell. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Maria Twitchell, Aye. Rusty Aiken also had been notified and was in favor of the funding change.

TRANSIENT ROOM TAX BOARD :

Maria Twitchell reported that the Cedar City Rotary Club has requested funding the Veterans Park Memorial three phases at $5,000 per phase. She explained that the Shakespearean Festival has been approved for $50,000 funding this budget year and they will not be using the funds. Maria also requested approval to use the remainder of the funds to cover a budget shortfall in a vehicle purchase and the remainder in the advertising budget.

Wayne Smith made a motion to approve the budget adjustment as recommended. Second by Maria Twitchell. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Maria Twitchell, Aye.

REQUEST TO MODIFY MOTOR VEHICLE HOURS OF OPERATION :

Dennis Ayers requested the Commission consider adjusting office hours for Motor Vehicle offices to conform to the Governor mandated, State of Utah four day work week. He explained that because Iron County would be without State Tax Commission access on Fridays and by other offices throughout the State following the State lead and going to a four day work week, it would be very hard to operate the Motor Vehicle portions of the Assessor’s Office.

Because of security concerns at the Cedar Justice Center and the effect the operation hours would be required to change, the Commission tabled action on the matter to allow further study and to find out what other Counties are doing.

REQUEST TO ESTABLISH A SPECIAL IMPROVEMENT DISTRICT :

Wade Colby met with the Commission to request the County consider establishing a SID within a minor lot subdivision to include dedication of right of way. The SID would affect four lots located just west of Bulldog Road and 4800 North. The adjacent lot owners have expressed their support of the project.

Wayne Smith made a motion to approve the application and to refer the request to the County Engineer for the necessary estimate of the cost of the project. Second by Lois Bulloch. Voting: Lois Bulloch, Aye; Wayne Smith, Aye.

NOTIFICATION OF CONDITIONAL USE PERMITS :

Chad Nay reported to the Commission that John Brown and Larry Pendleton have each applied to construct a Guest House on their property. The Planning Commission will consider their request at the next Planning Commission meeting. No action was required by the Commission at this time.

CEDAR BAND PAIUTE TRIBAL LAND ACQUISITION REQUEST :

Mark EchoHawk, attorney for the Cedar Band of Paiutes met with the Commission to review a request the Cedar Band will present to congress to designate an additional amount of BLM land as tribal reservation. The property is located adjacent to existing tribal land near the Kanarraville exit. The land currently has roads established and the tribe intends to continue with public use of roads.

The Cedar Band of Paiutes requested County support of their efforts to secure additional land for the tribe.

PRAIRIE DOG MATTERS :

Wayne Smith made a motion to approve five non permanent take prairie dogs for Mike Heap and Lloyd LeFevre. Second by Lois Bulloch. Voting: Lois Bulloch, Aye; Wayne Smith, Aye.

FAMILY DAY PROCLAMATION :

Wayne Smith made a motion to approve a family day proclamation as follows:

IRON COUNTY, UTAH

PROCLAMATION

2008 FAMILY DAY

WHEREAS the use of illegal drugs and the abuse of alcohol and nicotine constitute the greatest threats to the well-being of America's children;

WHEREAS surveys conducted by The National Center on Addiction and Substance Abuse (CASA) at Columbia University have consistently found that the more often children and teenagers eat dinner with their families the less likely they are to smoke, drink and use illegal drugs;

WHEREAS teenagers who virtually never eat dinner with their families are 72 percent more likely than the average teenager to use illegal drugs, alcohol and cigarettes;

WHEREAS teenagers who almost always eat dinner with their families are 31 percent less likely than the average teenager to use illegal drugs, alcohol and cigarettes;

WHEREAS the correlation between family dinners and reduced risk for teen substance abuse are well documented;

WHEREAS parental influence is known to be one of the most crucial factors in determining the likelihood of substance abuse by teenagers;

WHEREAS family dinners have long constituted a substantial pillar of family life in America:

Now, therefore, the Iron County Commission, does hereby proclaim the fourth Monday in September as

Family Day – A Day to Eat Dinner With Your Children

and urge all citizens of Iron County to recognize and participate in its observance.

ADOPTED this 14^th Day of July , 2008.

/s/ Lois L. Bulloch

Lois L. Bulloch, Chairman

/s/ Wayne A. Smith

Wayne A. Smith, Commissioner

Absent

Alma L. Adams, Commissioner

IT DEPARTMENT MATTERS :

Erik Jorgensen met with the Commission and announced that he is planing on resigning as the IT Department Supervision as soon as a replacement can be located. He explained that an opportunity has come which will allow him to do consulting work in the private sector, which he feels would be an advantageous career choice. The Commission accepted his resignation and wished him well in his future endeavors.

APPROVE CHANGE ORDER ON SENIOR CENTER :

David Yardley reported on a requested change order to allow for installation of underground utilities to the new Senior Center in Parowan. The Commission had given verbal approval to allow work to proceed. Wayne Smith made a formal motion to approve the change order as requested. Second by Lois Bulloch. Voting: Lois Bulloch, Aye; Wayne Smith, Aye.

MOTORIZED TRAILS COMMENT APPROVAL :

Art Tait met with the Commission to request approval of a formal comment to the Dixie National Forest regarding the proposed motorized travel plan for the forest. The Commission again requested that the Forest adopt Option E as the best alternative. Wayne Smith made a motion to approve the comments with the request to adopt Option E. Second by Lois Bulloch. Voting: Lois Bulloch, Aye; Wayne Smith, Aye.

APPROVAL OF WARRANTS & ADJOURN :

After the bills were reviewed and approved or rejected, the meeting was adjourned at 4:30 p.m. on a motion by Wayne Smith. Second was by Lois Bulloch. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Absent.

Signed: Lois L. Bulloch, Chair

Attest: David I. Yardley

County Clerk

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.