IRON COUNTY COMMISSION MEETING
January 25, 2010
Minutes of the Iron County Commission meeting convened at 9:00 a.m. January 25, 2010 in Commission Chambers at the Iron County Courthouse, Parowan, Utah.
Officers in attendance included:
Alma L. Adams Commission Chair
Lois L. Bulloch Commissioner
Michael Edwards Deputy County Attorney
David I. Yardley County Clerk
Reed Erickson County Administrator
Also Present:
H. Eugene Adams County Auditor
Dennis W. Ayers County Assessor
Deborah B. Johnson County Recorder
Geraldine S. Norwood County Treasurer
Mark O. Gower County Sheriff
Margaret Miller Justice Court Judge
Absent:
Wayne A. Smith Commissioner
SYNOPSIS :
APPROVAL OF MEMORANDUM OF UNDERSTANDING
APPROVAL OF MINUTES January 11, 2010
BID DISCUSSION CUSTODIAL SERVICE CONTRACT
CALENDER SCHEDULE COORDINATION
CENTRAL IRON COUNTY WATER CONSERVANCY DISTRICT UPDATE
DISCUSSION OF THE IRON COUNTY REDUCTION IN FORCE POLICY
PRAIRIE DOG PERMIT TAKE ALLOCATION 2010
ROLL BACK TAX PAYMENT APPROVAL ON PARCELS B-1979-RD & B-1977-RD
WIND ENERGY ORDINANCE 2010-1
Those assembled were led in the pledge of allegiance by Reed Erickson.
APPROVAL OF MINUTES January 11, 2010 :
Minutes of the Iron County Commission meeting held January 11, 2010 were approved as amended on a motion by Lois Bulloch. Second was by Alma Adams. Voting: Alma Adams, Aye; Lois Bulloch, Aye.
Geri Norwood reported that certified letters have been mailed to property owners with parcels scheduled to be sold at the annual tax sale. Currently there are 202 parcels on the list which is slightly higher than 2009. Property owners have until the day before the sale to bring their taxes current.
Gene Adams reported that tax documents have been prepared and will be distributed before the deadline of January 31.
Debbie Johnson reported that the annual printing of updated plat maps is proceeding well. The print is ahead of schedule and should be completed on time. Debbie also reported that Simplifile has not been implemented although upgrades were paid for nearly a year ago.
Margaret Miller reported that the Justice Court handled nearly 17,000 cases in 2009. She reported that customers are very frustrated because of the economy and the inability to pay fines imposed for infractions. Margaret also reported that statistics on citations issued compared with citations filed with the Court were unavailable because some agencies not submitting reports which can be compared. This was an item noted in the audit conducted in 2008.
Jared Wilson discussed frustration with Eagle software and their failure to get the appropriate upgrades programmed to make Simplifile work. Eagle will be contacted and strongly encouraged to make the appropriate fixes as soon as possible.
Jared also discussed proposed upgrades to place fiber optic capability in the Courthouse and at the Justice Center in Cedar City. This will provide greater data transfer speed and security.
Reed Erickson reported on negotiations with Enterprise City regarding ambulance and fire service provided in the Escalante Valley near Enterprise. The issue of funding responses of fire equipment to ambulance calls was taken under review by both Iron County and Enterprise city.
Reed also reported that in conversations with Representative Evan Vickers, a proposal to remove the Restaurant tax as proposed in HB 48 has lots of support from Restaurant owners however, UAC and other groups are mounting opposition to the bill.
David Yardley reported that there is a move state wide to gather petition signatures for petitions currently being circulated in the State. Several Counties have opinions from their Attorney’s stating that current election law prohibits accepting electronic signatures. David requested the County Attorney’s office to review this statute and issue an opinion for Iron County.
Mark Gower reported that Search and Rescue has been busy responding to calls for help for lost or stuck snow mobilers. At this time no significant injuries have been reported.
Lois Bulloch reported that the Builders Association is very concerned with the downturn in the economy and the effect it is having on construction projects in the County.
Lois also reported that the Cedar City Airport Board is very concerned with the number of enplanements at the airport. Numbers are down significantly. It has been suggested to add flights to Las Vegas to help with enplanement numbers.
Alma Adams reported that the Holt Dairy is nearing completion. It is anticipated that they will be milking cows within thirty days. Total cost of construction is estimated at near twenty million.
DISCUSSION OF THE IRON COUNTY REDUCTION IN FORCE POLICY:
Reed Erickson, Iron County Administrator, presented a draft reduction in force (RIF) policy to be implemented by the County in case a RIF becomes necessary in the future. The proposed policy would establish guidelines in determining which Departments and personnel within Departments to be affected by a RIF.
Dennis Ayers questioned why the personnel policy was being proposed from the County Administrator’s office instead of the Human Resource Department. He also suggested that the policy should be written to include Department Supervisors and even entire Departments. Dennis requested that Department Supervisors be included in any discussions of a proposed RIF within their department.
Mark Gower questioned how a Department chosen to receive a RIF would be selected. The selection criteria is not contained in the draft document.
The matter was tabled to allow for clarification of discussed items and will be resubmitted for approval at a later Commission meeting.
APPROVAL OF MEMORANDUM OF UNDERSTANDING :
A Memorandum of Understanding (MOU) as a participating agency on the Siggurd to Red Butte transmission line between BLM and Iron County regarding development of the environmental impact statement was presented for approval. The proposed line will traverse Iron County and as proposed it will be in the Escalante Valley area. Lois Bulloch made a motion to approve the MOU. Second by Alma Adams. Voting: Alma Adams, Aye; Lois Bulloch, Aye.
WIND ENERGY ORDINANCE 2010-1 :
Todd Stowell presented amendments to Chapters 17.16, 17.20, and 17.34 of the Iron County code, pertaining to wind energy systems and related facilities for approval. A public hearing was conducted during the Commission meeting held January 11, 2010. Changes recommended by the Commission and concerns discussed at the public hearing were reviewed and incorporated into the current Ordinance. Lois Bulloch made a motion to adopt Ordinance 2010-1 to amend Chapters 17.16, 17.20, and 17.34 of the Iron County code. Second by Alma Adams.
A copy of Ordinance 2010-1 is attached as Exhibit “1”.
BID DISCUSSION CUSTODIAL SERVICE CONTRACT :
Reed Erickson reported to the Commission the results of requests for bids for custodial services for the Courthouse, Fiddlers Building, Justice Center and the Visitor Center complex. Reed explained the savings anticipated by contracting for custodial services. The landscaping and snow removal will be considered in a separate contract.
Lois Bulloch made a motion to proceed with verification of references and to authorize awarding the bids for custodial and landscaping services. Second by Alma Adams. Voting: Alma Adams, Aye; Lois Bulloch, Aye.
PRAIRIE DOG PERMIT TAKE ALLOCATION 2010 :
Adam Kavalunas met with the Commission to report on the results of permanent take requests for prairie dogs. He explained the procedure in requesting take and of the ability to pass up to three times and still retain their place on the list. He also explained that the maximum take allowed for one application is 10 per year. The take can be based on spring counts which will be conducted in April and May. A total of 85.89 permanent take dogs are available for this year
The following take requests were approved by the Commission:
Vaughn Neilson for Western Quality Foods 10.0 dogs
Jay Adams Country Meadow 10.0 dogs
Jim Burgess Northfield Road S of 1425 N. 10.0 dogs
Barbara Boss I-15 and Northfield Rd 10.0 dogs
Daril Magleby 1325 N Northfield Rd 10.0 dogs
Rob Bernhardi Grace Christian Church Parcel A-2003 10.0 dogs
Jeff Obering Lot 8 Aviation Way 2.4 dogs
Jeff Obering Lot 9 Aviation Way 2.4 dogs
Rob Bernhardi Grace Christian Church Parcel A-511-3-2 2.7 dogs
Rob Bernhardi Grace Christian Church Parcel A-511-3-0 2.8 dogs
Rob Bernhardi Grace Christian Church Parcel A-2035 10.0 dogs
Ron Wadsworth 4764 W 1000 S 0.2 dogs
Karim Lakhdari North Park Subdivision 5.39 (increase to 10 if avail)
Lois Bulloch made a motion to approve the take listed above with the option to wait for spring counts to become available before the tolling date. Second by Alma Adams. Voting: Alma Adams, Aye; Lois Bulloch, Aye.
Colette Eppley presented for approval the name of Steve Hunter as a Council on Aging driver. Lois Bulloch made a motion to approve Steve Hunter as presented. Second by Alma Adams. Voting: Alma Adams, Aye; Lois Bulloch, Aye.
Colette also presented for approval the name of Marie Brooks as a part time temporary Parks and Disaster Training Coordinator. Lois Bulloch made a motion to approve hiring Marie Brooks as specified with the stipulation that the position terminates at the end of the grant period. Second by Alma Adams. Voting: Alma Adams, Aye; Lois Bulloch, Aye. Colette presented a workforce assessment approval for a weed manager/road worker position. The position is vacant and the position needs to be filled prior to the weed spraying season. Lois Bulloch made a motion to approve the workforce assessment and authorize the position to be advertised internally. Second by Alma Adams. Voting: Alma Adams, Aye; Lois Bulloch, Aye.
Colette presented the name of Rich Burchby as a volunteer at the Visitor Center and the following as Search and Rescue volunteers; Quinn Mortensen, Ted Arsenault, Steve Hanson, Pam Williams, Micah Summerour, Royce Houchen, Mel Bryant, Chace Brindley, Erick Cox, Kriston Lindsay, Gary Edwards, James Burton, Ladd Brindley, TC Caddell, Greg Coulter, Don Alger, Shane Christensen, Dan Houchen, Brant Palmer, and Buck Naegle. Lois Bulloch made a motion to approve the volunteers as listed. Second by Alma Adams. Voting: Alma Adams, Aye; Lois Bulloch, Aye.
The replacement of Gale Grover’s position as a Corrections Officer was recalled for action. Alma Adams made a motion to replace Officer Grover and authorize the necessary advertising process. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye.
STATE OF UTAH )
) s.s.
COUNTY OF IRON )
I, Alma L. Adams, Chairman of the County Commission of Iron County, Utah hereby certify that the purpose of the Closed Meeting convened was conducted in accordance with Utah Code 52-4 et. seq. for the purpose of a strategy session to discuss pending or reasonably imminent litigation.
Dated this 26th day of January , 2010.
Signed: Alma L. Adams, Chairman
Attest: David I. Yardley
County Clerk
Chad Nay reported on a proposed Conditional Use Permit (CUP) which will be considered at the next Planning Commission meeting scheduled for February 4, 2010. Dixie Escalante Electric is applying to build a new substation west of Newcastle to serve increased electrical needs in the area. Proposed conditions were reviewed by the Commission with no comments to add additional restrictions.
CENTRAL IRON COUNTY WATER CONSERVANCY DISTRICT UPDATE:
Scott Wilson, CICWCD General Manager, met with the Commission to update the Commission on projects the District is pursuing. The District is still pursuing water rights in the west desert area of Iron and Beaver Counties. The areas include Wah Wah Valley, Pine Valley, Snake Valley and Hamblin Valley areas. Cost projections are favorable to develop these areas provided water rights are granted and the need increases. Other projects include development of a reservoir at Urie Creek and development of the Lake Powell pipeline.
Scott gave estimates on cost to develop water resources as follows: Wastewater reclamation, $6,800 per acre foot; Pine Valley and Wah Wah Valley, $6,000 to $7,000 per acre foot; Hamblin Valley and Snake Valley, $13,000 to $14,000 per acre foot; Lake Powell pipeline, $20,000 per acre foot; and Lower Colorado River water, $35,000 to $40,000 per acre foot.
CALENDER SCHEDULE COORDINATION :
Reed Erickson coordinated calendars with the Commissioners for the next two weeks.
ROLL BACK TAX PAYMENT APPROVAL ON PARCELS B-1979-RD & B-1977-RD:
Lois Bulloch made a motion to approve the payment of roll back taxes on two parcels, B-1979-RD & B-1977-RD, which were acquired by the County for the development of the 5700 West corridor road. The motion also included an attempt to reimburse the cost of roll back taxes from Federal funds used to secure rights of way. Second by Alma Adams. Voting: Alma Adams, Aye; Lois Bulloch, Aye.
The meeting was adjourned at 3:00 p.m. on a motion by Lois Bulloch. Second by Alma Adams. Voting: Alma Adams, Aye; Lois Bulloch, Aye.
Signed: Alma Adams, Chairman
Attest: David I. Yardley
County Clerk
EXHIBIT “1”
IRON COUNTY
ORDINANCE NO. 2010-1
AN ORDINANCE OF IRON COUNTY, UTAH, AMENDING CHAPTERS 17.16, 17.20, AND 17.34 OF THE IRON COUNTY CODE, PERTAINING TO WIND ENERGY SYSTEMS AND RELATED FACILITIES
WHEREAS, Iron County finds that wind energy is an abundant and renewable energy resource, and that its conversion to electricity can help reduce our dependence on nonrenewable energy resources and decrease the air and water pollution that may result from the use of conventional fossil fuels;
WHEREAS, it is the policy of the State of Utah to encourage the development of independent and qualifying power production and cogeneration 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;
WHEREAS, the purposes of the County Land Use, Development, and Management Act, as set forth in §17-27a-102, Utah Code Annotated, must be considered in the development and adoption of land use regulations, including those pertaining to wind energy systems;
WHEREAS, Iron County finds that wind power resources within the County may be developed when appropriate consideration is given to preserving farmlands and agricultural enterprises, safeguarding nearby residential and commercial developments, and otherwise protecting the public health, safety, and general welfare, as promoted by this proposed ordinance;
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; as well as holding several public meetings in which discussion was freely admitted from anyone wanting to comment;
WHEREAS, the Planning Commission has carefully and thoroughly reviewed and considered the comments received, and modified the proposal where they agreed it was justified;
WHEREAS, the attending Planning Commission members unanimously voted to forward the proposed ordinance to the Iron County Commission with a recommendation for approval;
WHEREAS, the Iron County Commission has held a duly advertised and noticed public hearing on the proposed ordinance for the purpose of receiving public comment regarding the content of the ordinance;
WHEREAS, after considering the public comments and the language of the proposed ordinance, the County Commission concludes that the proposed ordinance appropriately considers and balances all interests in accordance with the purposes and goals of the County Land Use, Development, and Management Act; the Iron County General Plan; and, the Iron County zoning ordinance.
NOW THEREFORE, BE IT ORDAINED AND ENACTED BY THE BOARD OF COUNTY COMMISSIONERS OF IRON COUNTY, UTAH AS FOLLOWS:
SECTION 1. Chapter 17.34 of the Iron County Code is hereby amended to read as contained in “EXHIBIT A”, attached hereto.
SECTION 2. Chapters 17.16 and 17.20 of the Iron County Code are hereby amended as depicted in “EXHIBIT B”, attached hereto.
SECTION 3. The Iron County Zoning Map is hereby amended to contain the Wind Energy Overlay district, as depicted by the cross-hatched areas on “EXHIBIT C”, attached hereto.
SECTION 4. SEVERABILITY. Should any portion of this ordinance be found for any reason to be 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.
EFFECTIVE DATE: This Ordinance, Iron County Ordinance No. 2010-1, shall become effective immediately after the required publication or posting thereof, as set forth in Utah Code §17-53-208.
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF IRON COUNTY, UTAH this 25th day of January, 2010.
BOARD OF COUNTY COMMISSIONERS
IRON COUNTY, UTAH
By:
Alma L. Adams, Chair
ATTEST:
David I. Yardley,
County Clerk
VOTING:
Alma L. Adams Aye
Lois L. Bulloch Aye
Wayne A. Smith (Absent)
EXHIBIT “A”
Amendments to Iron County Code Chapter 17.34
CHAPTER 17.34 Wind Energy Systems and Facilities
17.34.010 Purpose:
The purpose of this Chapter (17.34) is to establish minimum requirements and regulations for the placement, construction and modification of small wind energy systems, commercial wind energy systems, and wind metering towers and equipment, as defined herein, while promoting the safe, effective and efficient use of such systems.
17.34.020 Definitions:
A. Shadow Flicker: Alternating changes in light intensity caused by the moving blade of a wind energy system casting shadows on an object, such as a window.
B. Total Extended Height means the distance measured from ground level to the tip of the blade, extended at its highest point of travel.
C. Tower means the supporting structure on which the turbine is mounted.
D. Turbine means that portion of the wind system that is used to capture the energy of the wind and transform it into electrical or mechanical energy. The turbine includes a rotor (blades) and nacelle (generator), and on many wind systems a tail.
E. Wind Energy System, Commercial means a wind energy conversion system consisting of one or more wind turbine(s) and tower(s), with associated control or conversion electronics, which will be used for on-site and/or off-site consumption of power with a rated capacity in excess of 100 kW.
F. Wind Energy System, Small means a wind energy conversion system consisting of a wind turbine, a tower or other support structure, and associated control or conversion electronics with a rated capacity appropriate to the on-site electric usage of the end-use and which will be used primarily to reduce on-site consumption of utility power. A small wind energy system may have a rated capacity of up to 100 kW.
G. Wind Monitoring Tower and Equipment-Meteorological (Met) Tower means a tower that houses or supports wind measuring equipment, such as an anemometer, for the purpose of measuring and monitoring wind velocity, duration, intensity, regularity, air temperature and pressure, etc... Met towers are typically permitted only on a temporary basis (2-5 years) to help determine the viability of a wind energy system project; although more permanent met towers may also be considered.
H. Wind Turbine, Horizontal-Axis (HAWT) means a wind turbine designed to have the axis of rotation aligned with the direction of the wind, such as with the common propeller type models.
I. Wind Turbine, Vertical-Axis (VAWT) means a wind turbine designed to have the axis of rotation perpendicular to the wind direction.
17.34.030 Requirements - Wind Energy System, Small
A. Permitted Locations and Number. A small wind energy system that complies with the provisions of this section is permitted only as described in Section 17.16.030, Table of Uses, Iron County Zoning Ordinance, and in accordance with the following:
Only one small wind energy system may be authorized per lot, with the following exceptions:
a. Up to four small wind energy systems may be authorized as permitted uses on lots that are 20 acres or larger and zoned A-20, C, LI, I, or I-A.
b. In the R-5, R-2 and R-1 zones, up to two small wind energy systems may be authorized as permitted uses when the small wind energy systems are vertical-axis wind turbines and do not exceed 35 feet in height.
c. Schools, churches, public service entities, and similar public and non-profit entities located on lots larger than five acres may request additional wind turbines through the conditional use permit review process.
Note that multiple small wind energy systems may require greater noise setbacks than single systems, as addressed in C(5) below.
B. Minimum Lot Size. A horizontal-axis small wind energy system may only be erected on a lot that is at least two acres in size and capable of meeting the setback requirements of this section. A vertical-axis small wind energy system, whether mounted vertically or horizontally, may only be erected on a lot that is at least one acre in size and capable of meeting the setback requirements of this section.
C. Design Standards.
1.Pole or Tower Design. The design of the small wind energy system may include a monopole/freestanding design, or a guy-wired tower, whether mounted on the ground or on a building.
2.Total Extended Height. The total extended height of the small wind energy system shall not exceed 35 feet if located on a lot zoned R-1, 80 feet if located on a lot zoned R-2; 100 feet if located on a lot zoned R-5; or, 125 feet if located on a lot that is zoned A-20, C, LI, I or IA. Sufficient clearance to lower and raise the tower and turbine is to be provided and maintained.
3.Safety.
a. The minimum height of the lowest extent of a turbine blade/rotor shall be 20 feet above the ground, if on a horizontal axis turbine. There is no minimum rotor height for a vertical-axis turbine, provided the blades/rotor must be located or isolated (e.g. fenced) such that they are not easily accessible to anyone but maintenance personnel.
b.No tower shall have an external climbing apparatus within 12 feet of the ground. All access doors or access ways to towers and electrical equipment shall be locked when not in use.
c.Appropriate warning signage/marking is to be placed on towers, guy wires, and electrical equipment.
d.All small wind energy systems must have a manufacturers’ maximum RPM (revolutions per minute) rating of less than 500.
4.Setbacks. In determining the required separation of a small wind energy system from the uses listed, all applicable setbacks are to be followed—where multiple setbacks are applicable, the most restrictive applies.
a.Property lines. For safety purposes, a small wind energy system shall be set back from the nearest property line, public road right-of-way, tanks containing combustible/ flammable liquids, and above-ground communication or electrical lines not less than 1.1 times its total extended height if located on a freestanding tower or pole, or if mounted on a building, the distance of the likely fall zone.
b.Inhabitable or Public Structures. For safety, aesthetic, and noise purposes, a small wind energy system shall be set back from all existing inhabitable structures (residences, places of work, etc.) not on the property, and from all public buildings and gathering places (e.g. church, hospital, school, library, park, playground, etc.) not on the property at least 1.5 times the total extended height of the system, or 50 feet, whichever is greater.
Additional setbacks from neighboring residences and residentially-zoned lots are set forth in (C)(5) below.
5.Noise Limitations and Additional Setbacks. To reduce noise impacts to neighboring residential properties, no small wind energy system or combination of small wind energy systems shall produce noise that exceeds 50 dBA, as measured at the property line of any neighboring residentially-zoned lot not owned by the small wind energy system developer (Note: Public road right-of-way counts towards the setback); nor shall any small wind energy system or combination of small wind energy systems produce noise that exceeds 45 dBA, as measured immediately outside any neighboring residence that is existing or permitted at the time the permit for the wind energy system is submitted.
a.Separation of Multiple Systems: If more than one small wind energy system is proposed and the setback from a neighboring residence or residential property line is applicable, professional documentation (e.g. a noise study) shall be submitted indicating that the above noise limitations will be met. A situation with multiple small wind energy systems must consider the effects of combined noise levels (may add up to 3 dB) and the appropriate sound propagation calculations (whether line source properties apply to the situation).
b.Single Systems: To establish the minimum setback(s) necessary to comply with the above noise limitations in situations of single wind energy systems, the applicant shall provide from a reliable source the noise emission level (a.k.a. noise rating) of the system, as measured at a specified distance from the rotor or tower and at a given wind speed (e.g. 52 decibels at 100 feet from the tower, 30 mph wind). Any noise rating must be based on at least a 10 m/s (22.3 mph) wind speed to qualify for use. If the proposed setback is at least as far as the distance used for the noise rating, and the noise rating is less than the above noise limits, then no further calculations are necessary. Otherwise, the following calculations can be utilized to determine if the proposed setback is sufficient to comply with the above noise limits:
Step 1: Calculate the difference in decibels (dB) that would occur at the neighboring residential property line and/or residence, as applicable, versus the noise level at the distance used for the noise rating statement.
Equation: dB difference= 20 x Log10 of (Distance A / Distance B)
Where “Distance A” is the distance from the system used to establish the noise rating, and “Distance B” is the proposed distance between the wind energy system and the neighboring residential property line and/or residence. Log10 stands for Logarithm to the base 10. (Note: Simplified calculators are available on the internet. The above equation is based on the general rule that sound in the clearly audible frequency range will reduce 6 dB for every doubling of distance from the source, assuming a single source of sound.)
Step 2: The result of the above equation is a negative number, which represents the reduction in decibels from Distance A to Distance B. Subtract the absolute value (positive equivalent) of that number from the noise rating of the system and compare the answer to the applicable maximum allowable noise level (50 dbA and/or 45 dBA). If the result is less than the maximum allowable noise level, the proposed location is acceptable, provided all other applicable setbacks are met.
In situations where a noise rating is not available on a specific model, the County may either require a noise study to be performed by a qualified professional, or make a conservative estimate based on a wind energy system of similar characteristics (blade type and size, RPM speed, rated output, rotor diameter, start-up speed, etc.) plus a safety factor of 3 dB to establish the required setback.
Compliance with the setbacks established through the above equation shall be deemed sufficient to comply with the noise limitations of this sub-section (C)(5), for permitting and enforcement purposes; provided, failure of the system to operate at or below the rated noise emission level due to worn, damaged, or broken parts, shall constitute non-compliance and the system shall be shut down until repairs are made to bring the system back into compliance. High-wind occurrences may result in noise levels above that calculated, as the noise ratings are based on high, but not extreme wind speeds—noise resulting from such high-wind occurrences does not constitute non-compliance with this section.
If the noise rating is based on 100’ from the source, the following table may be used for quick reference. If the noise rating is based on 50’ from the source, simply subtract 6 dB from the noise rating and follow the row across to find the setback equivalents. If the noise rating is based on some other distance, use the equation above. (Note: The following table is not applicable to situations with multiple small wind energy systems or to commercial wind energy systems)
dB Rating at 100’ from Source |
Setback Equivalent of 50 dB, in feet |
Setback Equivalent of 45 dB, in feet |
65 |
563 |
1,000 |
64 |
501 |
891 |
63 |
447 |
794 |
62 |
398 |
708 |
61 |
355 |
631 |
60 |
317 |
563 |
59 |
282 |
501 |
58 |
252 |
447 |
57 |
224 |
398 |
56 |
200 |
355 |
55 |
178 |
317 |
54 |
159 |
282 |
53 |
142 |
252 |
52 |
126 |
224 |
51 |
113 |
200 |
50 |
100 |
178 |
49 |
89 |
159 |
48 |
79 |
142 |
47 |
71 |
126 |
46 |
63 |
113 |
45 |
56 |
100 |
44 |
50 |
N/A |
43 |
45 |
N/A |
42 |
40 |
N/A |
41 |
35 |
N/A |
40 |
31 |
N/A |
39 |
28 |
N/A |
38 |
25 |
N/A |
37 |
22 |
N/A |
36 |
20 |
N/A |
35 |
18 |
N/A |
6. Visual Standards.
a. Small wind energy systems are to be finished and maintained as manufactured.
b. No small wind energy system shall be lighted unless required by the Federal Aviation Administration (FAA). When lighting is required by the FAA, it shall be the red, intermittent, glowing style, rather than the white, strobe style, unless disclosed and justified through the application review process.
c. No advertising signs of any kind or nature whatsoever shall be permitted on any small
wind energy system.
d. The design of any accessory 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.
e. The property owner shall reasonably attempt to site the system at a location that minimizes the potential for shadow flicker impacts to their own and neighboring residences.
7. Electrical Interconnections. All electrical interconnection or distribution lines shall be underground and comply with all applicable codes and public utility requirements.
8. Signal Interference. Efforts shall be made to site small wind energy systems to reduce the likelihood of blocking or reflecting television and other communication signals. If signal interference occurs, both the small wind energy system owner and individual receiving interference shall make reasonable efforts to resolve the problem. No small wind energy system shall cause permanent and material interference with television or other communication signals.
9. Overspeed Controls. Every small wind energy system is to be equipped with an automatic overspeed control, braking system, or feathering system.
10. Fire Protection. All small wind energy systems are to be provided with a defensible space for fire protection, in accordance with the Iron County Wildland-Urban Interface Code.
D. Permit Applications. A building permit is required for a small wind energy system. The application is to include the following information.
1. A Site Plan, drawn to scale, showing the location of the proposed small wind energy system; the locations of all existing buildings and structures, dimensioned to the property lines; the location of any septic system, well, utility line or easement, access easement, or any tank containing flammable materials on the property; the area required for raising and lowering the tower; the defensible space area required by the Urban-Wildlands Interface Code; and the applicable setbacks for the small wind energy system.
2. Noise Compliance Documentation. Provide the information necessary to demonstrate that the applicable noise requirements of 17.34.030(C)(5) will be met.
3. Standard drawings. Engineered plans and calculations shall be required to obtain a building permit for a small wind energy system. Plans and calculations shall be stamped, dated and signed in accordance with Utah state codes, ordinances, and laws governing such actions, by an engineer licensed and in good standing with the state of Utah. Plans and calculations must verify that the structure is designed and capable of withstanding the conditions of the site, including but not limited to wind load, snow load, seismic conditions, and soil conditions, as required by the Iron County Building Department. Soils testing by a qualified soils engineer that is licensed by, and in good standing with, the state of Utah may be required.
4. Specific information on the type, model, size, rotor material, rated power output, rated rotor speed, overspeed safety features, and survival wind speed, as well as the name and address of the manufacturer is to be provided. These items are typically included in a specification sheet available from the manufacturer.
5. A line drawing of the electrical components of the system in sufficient detail to establish that the installation conforms to all applicable electrical codes.
6. Net metering agreement. If the system will be connected to the electricity grid the applicant must provide documentation with the building permit that the required net metering agreement is being considered by the utility company (e.g. work order number status). The fully-executed net metering agreement must be provided to the building inspector prior to operation of a system that will be connected to the grid.
17.34.035 The Wind Energy Overlay Zone. The Wind Energy Overlay Zone is established by Iron County Code 17.16.020(G) and on the official zoning map, to regulate where commercial wind energy systems may, and may not, be considered.
To qualify for a rezone to the Wind Energy Overlay Zone, the rezone applicant must demonstrate the following, in addition to the criteria of Iron County Code 17.12.060:
A. That there has been site-specific wind testing conducted within the proposed rezone area and that the results indicate wind resources in an amount that is likely to support a viable commercial wind energy system. If the applicant has a concern about revealing the wind data, or if the County is unable to determine if the wind data represents a viable wind resource, a simple “yes or no” determination from a qualified third party may be required.
B. That the following viewshed preservation policy will be met: It is the intent of the County to protect the natural scenic views that are most prominent from the developing areas of the Parowan Valley, Cedar Valley, and New Harmony/Kanarraville Valley from significant alteration. As such, any proposed wind energy rezone that may negatively affect these natural scenic views will be highly scrutinized for potential visual impacts, must be limited to a small area of the viewshed, and cannot result in an unacceptable cumulative impact to the viewshed when combined with any other wind energy project(s). Applications for the wind energy overlay zone must include sufficient visual simulations and analysis to support such a determination.
C. That unless the land use authority finds that circumstances are such that a reduced setback is justified, no Wind Resource Overlay zone is to be located:
a. Within three miles of a Tier II or III growth area;
b. Within three miles of the Enterprise annexation area;
c. Within three miles of a national monument or national park.
Circumstances that may justify a reduced setback include, but are not limited to, situations where: the rezone applicant and primary user of the power is a city/town and the property is in close proximity to the town; there is an intervening physical feature, such as a hill or mountain, that would prevent the negative impacts of the commercial wind energy systems from reaching the protected area; or, the nearest portion of the growth area is in a conservation easement or open space designation that prevents its use for residential purposes.
17.34.040 Requirements - Wind Energy System, Commercial
The following standards shall apply to all commercial wind energy systems:
A. Wind Energy Overlay Zone Requirement and Notice of Application. A commercial wind energy system may be permitted as described in Section 17.16.030, Table of Uses, Iron County Zoning Ordinance, only when the Wind Energy Overlay Zone has been applied to the property. If a property is not currently within the Wind Energy Overlay Zone a rezone must be authorized before a development permit (conditional use permit) may be considered. Notice of a conditional use permit application for a Commercial Wind Energy System, shall include notice through U.S. mail of the date, time and place of the public hearing to owners of all properties within 1¼ miles of any proposed wind turbine location, based on the County Assessor’s records. The notice shall be mailed by the County at least 10 days prior to the hearing, at the applicant’s expense.
B. Design Standards. A commercial wind energy system shall comply with the design standards set forth below.
1. Pole or Tower Design. The design of the commercial wind energy system shall be of monopole or freestanding design with no guy wired towers. No open-lattice style towers are permitted, unless they are entirely clad with a suitable cover, such as an architectural fabric, and engineered to consider the additional forces related to the covering.
2. Minimum Blade Height. The minimum height of the lowest extent of a turbine blade shall be 30 feet above the ground and 15 feet above any structure or obstacle within the fall zone of the tower.
3. Safety / Access.
a. No tower shall have an exterior climbing apparatus within 12 feet of the ground. All access doors or access ways to towers and electrical equipment shall be locked.
b. Appropriate warning signage shall be placed on towers, electrical equipment and wind energy system entrances.
4. Setbacks. In determining the required separation of a commercial wind energy system from the uses listed, all applicable setbacks are to be followed—where multiple setbacks are applicable, the most restrictive applies.
a. Project Boundary Lines. A commercial wind energy system tower shall be set back from all project boundary lines, existing publicly-maintained roads, tanks containing combustible / flammable liquids, and above-ground communication or electrical lines, not less than 1.25 times its total extended height.
b. Other uses. No commercial wind energy system shall be located within one-half (½) mile of a park, church, hospital, school, playground, or residentially-zoned lot not owned or leased by the wind energy developer. Additional separation may be required to sufficiently mitigate noise and shadow flicker resulting from the commercial wind energy system.
c. Spacing. Commercial wind energy system towers shall be spaced on center no closer than 1.1 times the total extended height.
Additional setbacks from neighboring residences and residentially-zoned lots are set forth in subsequent sections for noise and shadow flicker—(B)(5) and (B)(7)(e).
5. Noise. Except when a professional noise study is submitted that properly demonstrates that the noise thresholds specified below will not be exceeded with a lesser setback, all commercial wind energy turbines shall be located a minimum of 2 km (1.24 miles or 6,562 ft.) from all existing inhabitable structures (residences, places of work, etc.) and residentially-zoned lots that are not owned or leased by the wind energy developer. Provided, in situations of mountainous topography where the sound could be reflected/channeled towards a residential area, or when the proposed wind turbines are rated more than 3.0 MW, the land use authority may determine that a noise study is warranted to ensure sufficient setbacks to meet the following noise thresholds. With the exception of such an instance, compliance with the 2 km setback shall be deemed sufficient to be in compliance with the noise restrictions for commercial wind energy systems and a noise study is not needed. A noise study, when required, shall be peer reviewed by an independent qualified party, with the associated costs born by the developer. If a reduced setback is authorized, failure to operate within the noise limits specified constitutes a violation of this ordinance.
Thresholds for Noise Studies:
No commercial wind energy system shall produce sound at any time, as measured at any neighboring residentially-zoned lot or 100 feet from any existing inhabitable building that is not owned or leased by the wind energy developer, that exceeds the lesser of:
a) 35 dBA (LAeq);
b) 5 dB above the pre-existing (L90), nighttime background noise level of the area (measured in contiguous 10-minute intervals), whether measured as dBA (LAeq) or dBC (LCeq);
c) 55 dBC (LCeq) if measured in a rural environment (outside a Tier I, II or III area);
d) 60 dBC (LCeq) if measured in a suburban environment (within a Tier I, II or III area);
e) Provided, a 5 dB penalty shall be applied for amplitude modulation-- meaning the maximum sound threshold is 5 dB less than the amount specified in “a” above.
All procedures relating to sound measurement are to comply with standard professional practices, such as ANSI 12.9, Part 3, and be conducted by qualified acoustical consultants. To avoid errors in the estimates and to properly account for worst-case scenarios of sound generation, the calculations must include the 5 dBA penalty/addition for amplitude modulation (the spike above the average noise level as a blade passes the tower, which is a 5 dBA spike when the blades from two or more turbines are synchronized), the addition of 3 dB for coherent reflection (additional sound reflecting off the ground), and consideration of the additional sound created by turbulent inflow (atmospheric turbulence due to wind shear, etc.).
6. Setback and Noise Waivers. Voluntary waivers or reductions of the setback and noise limits established by 17.34.040(B)(4)(a) and (b), and 17.34.040(B)(5) may be accepted from those neighboring property owners that otherwise would be within a setback required by one or more of these sections. The agreement(s) must specifically state the County setback and/or noise standard(s) being waived or reduced, the extent of the waiver, and be in the form of a legally binding contract or easement between the landowner (including assignees in interest) and the wind energy developer, effective for the life of the project. Notwithstanding any such voluntary agreement between the landowner and the wind energy developer, the agreement shall only be effective and reflected in the County’s authorization of the project when it has been reviewed and determined acceptable to the County. The County shall consider the likely impacts and consequences of the waiver or reduction of the setback and/or noise limit, based on the specific circumstances of the situation, in determining whether to grant the request. Any voluntary waiver or reduction agreement must be submitted with the conditional use permit application and if authorized by the County, must be filed with the County Recorder upon issuance of the conditional use permit.
7. Visual Appearance.
a. Commercial wind energy systems shall be finished and maintained in color and material as manufactured.
b. No commercial wind energy system shall be lighted unless required by the Federal Aviation Administration (FAA). When lighting is required by the FAA, it shall be the red, intermittent, glowing-style, rather than the white, strobe-style, unless disclosed and justified through the application review process.
c. No advertising signs of any kind or nature shall be permitted on any commercial wind energy system.
d. Accessory buildings or related structures shall, to the extent reasonably possible, use materials, colors, and textures that will blend the facility into the existing environment.
e. Commercial wind energy systems must be located such that they will not result in any significant amount of shadow flicker on a major public roadway, or on any inhabitable structures or residentially-zoned lots not owned or leased by the wind project developer/lessor, unless an easement to do so is obtained from the affected property owner and presented with the application. A shadow flicker analysis is required with the application if there are any inhabitable structures or residentially-zoned lots not owned or leased by the wind energy developer, or major public roadways, within 1.25 miles of the turbine.
f. Appropriate landscaping or screening materials may be required to help screen accessory structures from major roads and adjacent residences. Lighting of accessory structures and substations shall be limited to the minimum necessary and full cut-off lighting (e.g. dark sky compliant) may be required for accessory structures when determined necessary to mitigate visual impacts.
8. Electrical Interconnections. All electrical interconnection and distribution lines within the project boundary shall be underground, unless determined otherwise by the planning commission because of severe environmental constraints (e.g. wetlands, cliffs, hard bedrock), and except for power lines within a substation. All electrical interconnections and distribution components must comply with all applicable codes and public utility requirements. Transmission lines (33.5 kV lines and above) coming to or leaving the project may be overhead.
9. Signal Interference. Efforts shall be made to site commercial wind energy systems to reduce the likelihood of blocking or reflecting television and other communication signals. If signal interference occurs, both the commercial wind energy system owner and individual receiving interference shall make reasonable efforts to resolve the problem. No commercial wind energy system shall cause permanent and material interference with television, cellular, or other communication signals.
10. Fire Protection. All wind energy systems shall have a defensible space for fire protection in accordance with the Iron County Wildland-Urban Interface Code.
C. Permit Applications. An application for a conditional use permit to establish a commercial wind energy system shall include a complete description of the project and documentation to sufficiently demonstrate that the requirements set forth in 17.34.040(B) will be met. Supporting documentation for addressing the review criteria of 17.34.040(D) and 17.28.050(A) is also to be provided. The land use authority may require any information reasonably necessary to determine compliance with this section.
It is preferred that any related conditional use permit applications for substations or transmission lines be considered in conjunction with the conditional use permit application for the commercial wind energy system; however, if the details of those improvements are not available at the time of application for the commercial wind energy system, they may be considered later, through subsequent conditional use permit review. At a minimum, the intended route for connecting to the power grid and the alternative locations of any substation shall be disclosed with the application for the commercial wind energy system.
Due to the complexity of large-scale commercial wind energy projects, the County may require a development agreement or other appropriate instrument to address taxing, land use, property assessment, and other issues related to the project. For example, the County is interested in preventing large tax shifts that may otherwise be incurred by County residents each year the centrally-assessed wind energy project is depreciated; therefore, cooperation to establish an agreement for payment in lieu of taxes (PILT), or other acceptable solutions may be necessary. A development agreement or substitute agreement may be required as a condition of the permit, and must be approved by the Board of County Commissioners prior to commencing construction.
D. Conditional Use Permit. Following the provisions of Chapter 17.28, Iron County Code, additional or more thorough consideration shall be given to the following as the County determines whether the project needs to be approved, denied, or conditionally approved:
1. Project Rationale, including estimated construction schedule, project life, phasing, and likely buyers or markets for the generated energy.
2. Siting Considerations, such as avoiding areas/locations with a high 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; avoiding visual corridors that are essential view sheds or scenic areas designated by the County after analyzing the applicant’s wind energy system proposal and considering public hearing comments; avoiding areas of erodible slopes and soils, where concerns for water quality, landslide, severe erosion, or high stormwater runoff potential have been identified; and, avoiding known sensitive historical, cultural or archeological resources.
3. Site and Development Plans, which locate and describe the project boundaries, all existing and proposed structures, setbacks, access routes, proposed road improvements, existing inhabitable structures and residentially-zoned lots within 1¼ miles of the project, existing utilities / pipelines / transmission lines, proposed utility lines / structures, existing topography, existing and proposed drainageways, proposed grading, natural vegetation removal, revegetation actions, dust and erosion control, any floodplains or wetlands, and other relevant items identified by county staff or planning commission. All maps and visual representations need to be drawn at an appropriate scale.
4. Analysis of Local Economic Benefits, describing estimated: project cost, generated property taxes and local sales taxes, percent of construction dollars to be spent locally, and the number of local construction and permanent jobs.
5. Visual impacts, appearance and scenic view sheds. Potential visual impacts include, but are not limited to, wind towers, rotors, above-ground electrical lines, accessory structures, access roads, utility trenches and installations, and alteration of vegetation. The applicant must provide a viewshed analysis of the project, including visual simulations of the wind energy systems and any significant planned structures or improvements, such as new roads on a hillside or substations. The number of visual simulations shall be sufficient to provide adequate analysis of the visual impacts of the proposal, which shall be from no less than four vantage points that together provide a view from all sides of the project. More visually-sensitive proposals may require analysis from significantly more vantage points, such as different distances and sensitive locations. The Planning Commission may also require a Zone of Theoretical Visibility/ Zone of Visual Impact (ZVI) Analysis, which is a 360-degree computer analysis to map the lands within a defined radius of a location that would likely be able to see an object—in this case the proposed wind energy system (or a portion thereof).
6. Wildlife habitat areas and migration patterns, including avian and bat data for the project area. Specifically include information on any use of the site by endangered or threatened species and whether the project is in a biologically significant area. If threatened or endangered species exist, consultation with USDFW will be necessary. A plan for ongoing monitoring after the project is operational for bird, bat, or other wildlife impacts may be required.
7. Environmental Analysis. In the absence of a required State or Federal Agency environmental review for the project, (e.g. NEPA), the Planning Commission may require an impact analysis on historic, cultural and archaeological resources; soil erosion; and flora in the area of the project. The land use authority is to consider any impacts to such resources when determining whether to approve, condition or deny a project.
8. Solid waste or hazardous waste. The application must include plans for the spill-prevention, clean-up, and disposal of fuels, oils, and hazardous wastes, as well as collection methods for solid waste disposal. Verification that all construction waste generated from the project has been removed from the area will be required before a certificate of occupancy may be issued.
9. Height restrictions and FAA Hazard Review. Compliance with any applicable airport overlay zoning requirements and the ability to comply with FAA regulations pertaining to hazards to air navigation must be demonstrated.
10. Transportation Plan, for Construction and Operation Phases. Indicate by description and map what roads the project will utilize during the construction and operation/maintenance phases of the project, along with their existing surfacing and condition. Specify any new roads and proposed upgrades or improvements needed to the existing road system to serve the project (both the construction and O&M periods)—remember to identify needed bridges, culverts, livestock fence crossings (gates and cattleguards), etc. Also identify all areas where modification of the topography is anticipated (cutting/filling) to construct or improve the roadways. Address road restoration or maintenance needs associated with the construction, ongoing maintenance/repair, and potential dismantling of the project. Provide projected traffic counts for the construction period, broken down by the general type/size of vehicles, and identify approximately how many trips will have oversized or overweight loads. The County may require financial guarantees to ensure proper repair/restoration of roadways or other infrastructure damaged or degraded during construction or dismantling of the project. To provide a proper reference for restoration, the “before” conditions of the roadways and other infrastructure must be documented through appropriate methods such as videos, photos, and written records.
11. Public Safety. Identify and address any known or suspected potential hazards to adjacent properties, pubic roadways, communities, aviation, radar systems, etc. that may be created by the project.
12. Noise limitations. Submit sufficient information regarding noise, so as to demonstrate compliance with 17.34.040(B)(5).
13. Shadow flicker. Identify the potential of any shadow flicker effects from the project and provide sufficient documentation to demonstrate compliance with 17.34.040(B)(7)(e).
14. Telecommunications interference. Demonstrate that the potential for adverse electromagnetic fields and communications interference generated by the project has been evaluated and determined unlikely—conduct a Licensed Microwave Search and Worst Case Fresnel Zone (WCFZ) Analysis, including consultations with the National Telecommunications Information Administration (NTIA), Interdepartmental Radio Advisory Committee (IRAC) and the National Weather Service.
15. Agreement/easement for life of the project and final reclamation. If the land on which the project is proposed is to be leased, rather than owned, by the wind development company, all property within the project boundary must be included in a recorded easement(s), lease(s), or consent agreement(s) specifying the applicable uses for the duration of the project.
Also describe the decommissioning and final land reclamation plan to be followed after the anticipated useful life, or abandonment, or termination of the project, including evidence of an agreement or other commitment (i.e. bond and/or sinking fund) with affected parties (county, any lessor or property owner, etc.) that ensures proper final reclamation of the wind energy project, as well as repairing any road impacts associated with the work. All required leases, easements, bonds, or other agreements between the wind development company and the affected parties must be in place prior to commencing construction, unless specified otherwise by the conditional use permit.
16. Other probable and significant impacts, as identified through the review process.
17.34.050 Requirements of Wind Monitoring Tower and Equipment (Met Tower)
A. Permissible Locations. A wind monitoring tower may be located as described in Section 17.16.030, Table of Uses, Iron County Code; provided, a wind monitoring tower may be permitted in the R-1, R-2, and R-5 zoning districts only when it is for the purpose of investigating the feasibility of a small wind energy system, and when the monitoring tower complies with the height and setback requirements for small wind energy systems, as identified in Sections 17.34.030(C)(2) and (4).
On lands containing the Wind Energy overlay zone, a wind monitoring tower located in an area zoned A-20, I, or IA for three years or less is deemed a permitted use, subject to compliance with 17.34.050(B)(1-6), provided that no road improvements are necessary, the tower is 100’ or less in height, and FAA compliance is demonstrated. If road improvements are necessary, or the tower exceeds 100’ in height, or more than three years is desired, a conditional use permit is required.
B. Permit application. A Wind Monitoring Tower and associated equipment may be permitted subject to the following:
1. Owner Consent: Evidence that the applicant is the owner of the property, or has written permission of the owner(s) to make such application.
2. Use Duration: Typically permitted for a maximum of 2-5 years, as specified in the permit, and as determined by evidence given at the time of application regarding known wind source data.
3. Height: The allowable height of a monitoring tower not otherwise limited by 17.34.050(A) will be established through the Conditional Use Permit review.
4. Setbacks: The setbacks for a met tower from the exterior property lines of the project, publicly maintained road rights-of-way, above-ground communication or electrical lines, and tanks containing combustible/flammable liquids shall be at least 1.1 times its total height.
5. Tower Security: Any climbing apparatus must be located at least 12 feet above the ground and the tower must be designed to prevent climbing within the first 12 feet; or, the tower must be protected by an 8-foot tall security fence. The tower is recommended to be enclosed with an appropriate fence when there is OHV or livestock use in the area.
6. Other: As determined by County Staff and/or Planning Commission, other significant health, safety and general welfare issues may need to be addressed.
17.34.060 Non Use
A. Any small wind energy system or commercial wind energy system that has been permitted by this ordinance which is not used for two consecutive years, excluding up to six months for repairs, shall be removed within the following six months. Failure to remove the system shall be deemed a violation of this ordinance.
B. Any small wind energy system or commercial wind energy system which is non-conforming with this ordinance and which is not operable for one year shall be removed within the following six months. Failure to remove the system shall be deemed a violation of this ordinance.
17.34.070 Applicability
The requirements of this ordinance shall apply to all small wind energy systems and commercial wind energy systems proposed after the effective date of this ordinance. Wind energy systems for which a required permit has been properly issued prior to the effective date of this ordinance shall not be required to meet the requirements of this ordinance; provided, however, that any such system shall be installed and functioning within 24 months of the date of the permit. Any system that has been installed but not used for two consecutive years may not be subsequently used without meeting the requirements of this ordinance. No preexisting system shall be altered in any manner that would increase the degree of nonconformity with the requirements of this ordinance and no alterations shall be made to a nonconforming preexisting system during its life which exceeds 50% of its fair market value. If such system is destroyed or damaged to the extent of more than 50 % of its fair market value at the time of destruction or damage, it shall not be reconstructed except in conformity with this ordinance.
EXHIBIT “B”
Amendments to Iron County Code Chapter 17.16 AND 17.20
17.16.010 Zoning by Districts.
In accordance with the requirement of the Utah Code that zoning within counties by districts, Iron County, as shown on the Iron County zoning district map, is divided into zoning districts which govern the use, intensity, area and other requirements for the use of land as required by this chapter and the land management code. The map accompanying this chapter and incorporated herein by reference, the Iron County zoning district map, identifies the location and distribution of each district within Iron County. All development, use, activity and authorized permits and licenses shall adhere to all the provisions, standards and requirements of the applicable zoning district.
To meet the purposes of this chapter, Iron County is divided into the following zoning districts:
Base Zoning Districts:
A. Agricultural Districts:
1. Agriculture (A-20);
2. Intensive Agricultural (I-A).
B. Residential Districts:
1. Residential (R-5);
2. Residential (R-2);
3. Residential (R-1);
4. Residential (R-1/2).
C. Commercial Districts:
1. Commercial (C).
D. Industrial Districts:
1. Light Industrial (LI);
2. Industrial (I).
Overlay Zoning Districts:
1. Wind Energy (WE).
2. Airport Overlay Zone (AO).
17.16.020 Zoning districts purpose.
Consistent with the goals and policies of the Iron County general plan, the zoning districts are
formulated to provide and achieve the following purposes:
Base Zoning Districts:
A. The agriculture (A-20) district is provided and designed to protect and preserve lands
suited for farming and the production of food and fiber and open areas protected from the
encroachment of incompatible uses. Other purposes of this district include the protection of the
economic base of the county and the protection of environmentally sensitive lands, such as areas
subject to flooding, wetlands, unstable soils and areas with steep slopes. This district discourages
intense uses due to a lack of required services and the potential cost to Iron County residents of
providing the services necessary to support more intense development and activities.
B. The intensive agricultural zoning district (I-A) is intended to help preserve existing
agricultural land resources, promote the areas suitable for developing agricultural operations that
can become or remain competitive by taking advantage of economies of scale, prevent the
premature conversion of rural lands to urban use and accommodate animal agricultural uses and
other uses that may be more intensive agriculture enterprises than have been historically
developed in Iron County. The zone use and development regulations are designed to implement
general plan goals by discouraging urban and suburban development on lands that have prime
agricultural soils, water and locations that are conducive to agriculture and are not well served by
public facilities and services typical of residential development. The I-A zone is generally
compatible with the “agriculture” and “open space” land-use designations of the general plan. An
I-A zone is intended for more intensive uses than historical agricultural. The I-A zone is not
intended to be applied near urbanized areas and is not intended to accommodate residential uses
as a principal use. The I-A zone is compatible with, and complimentary to, the A-20 zone and the
classification of land into the I-A zone shall not be considered a spot zone when the land is
surrounded by property zoned A-20, but is consistent with the intent of the Iron County general
plan for agricultural lands. Accordingly, it is inconsistent with the intent of the I-A zone to change
land from A-20 zoning district to the I-A zoning district where the intended use of the land is a
permitted use in the A-20 zone. It is also inconsistent with the intent of the I-A zone to zone land
I-A for more land than is required by the intended use of the land.
C. The residential districts of Iron County (R-5, R-2, R-1 and R-1/2) are formulated to
provide single-family housing choices to meet the needs of Iron County residents, to offer a
balance of housing types and densities, and to preserve and provide safe and convenient places to
live. These districts are intended for well-designed residential uses free from any activity or use
that may weaken the residential integrity of these areas. Generally, residential districts shall be
located where adequate public services and facilities are available to meet the needs of residents.
Typical uses include single-family dwellings, parks and public facilities necessary to meet the
needs of residents. Hobby farms are consistent with the residential districts, so long as, the farms
meet the requirements of Section 17.36.250 of this title.
D. The commercial (C) district is intended to provide controlled and compatible locations
for retail, office and business/commerce activities, to enhance employment opportunities, to
encourage the efficient use of land, to enhance property values and to strengthen the county’s tax
base. Typical uses allowed in this district include retail sales and services, offices and institutional
uses.
E. The purpose of the light industrial (LI) district is to provide locations for industrial uses
that produce no appreciable impact on adjacent properties and which provide employment
opportunities for residents of Iron County.
F. The industrial (I) district is formulated to recognize existing industrial sites and
activities within Iron County, to provide opportunities for heavier industrial activities than
allowed in the light industrial district, to provide economic stability and opportunity and to
provide employment opportunities for county residents.
Overlay Zoning Districts.
G. The Wind Energy Overlay (WE) district provides a zoning district for the primary purpose of establishing commercial wind energy systems to help meet the energy needs of the nation in an ecologically “green” and renewable manner.
When applied to a property, the Wind Energy overlay district is to function in addition to the underlying base zoning district, allowing the uses and standards of the base zone to continue, except when specifically overridden by the standards of the overlay district.
The Wind Energy overlay district may be expanded to, or removed from, a property through the rezone process. However, application of the wind energy overlay district to a property shall consider the standards of 17.34.035, in addition to the standards of 17.12.060.
(Ord. 171 § 9(D) (part), 2001)
17.16.030 Table of uses.
The table of uses identifies the uses allowed within each zoning district of the county.
The purpose of the table of uses is to implement the goals and policies of the Iron County general
plan. The table of uses identifies uses allowed as a permitted use (identified as “P” in the table of
uses) and uses allowed as a conditional use (identified as “C” in the table of uses). Uses not
identified as either a permitted or conditional use are deemed to be a prohibited use (identified as
“X” in the table of uses).
TABLE OF USES
(Note: Only the portions of the table relating to amendments are shown.)
USES |
ZONE DISTRICTS |
||||||||
|
A-20 |
R-5 |
R-2 |
R-1 |
R-1/2 |
C |
LI |
I |
IA |
Geothermal power plant |
C(5) |
X |
X |
X |
X |
X |
X |
C(5) |
C(5) |
Power plant, not otherwise listed |
X |
X |
X |
X |
X |
X |
X |
C |
C |
Solar power plant |
C(6) |
X |
X |
X |
X |
X |
X |
C(6) |
C(6) |
Wind energy system, commercial |
C(7) |
X |
X |
X |
X |
X |
X |
C(7) |
C(7) |
Wind energy system, small |
P(3) |
P(3) |
P(3) |
P(3) |
X |
P(3) |
P(3) |
P(3) |
P(3) |
Wind monitoring tower and equipment |
C(4) |
C(4) |
C(4) |
C(4) |
X |
C(4) |
C(4) |
C(4) |
C(4) |
(1) See Definition.
(2) Requires an acknowledgment agreement to be signed and recorded.
(3) See also 17.34.030
(4) See also 17.34.050.
(5) See also Chapter 17.35.
(6) See also Chapter 17.33.
(7) This use may only be authorized in this zone when the wind energy overlay district has been applied to the property. See also Chapter 17.34.
Table of Uses Notes:
P = Permitted Use
C = Conditional Use
X = Prohibited Use
17.16.040 Table of site development standards.
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. The values identified in the following table are the minimum standards that apply in the zones indicated. However, more restrictive or additional development standards may also apply, as set forth in other applicable sections of the Iron County Code. A thorough review of the Iron County zoning ordinance is required to ensure that all applicable development standards are identified.
TABLE OF SITE DEVELOPMENT STANDARDS
|
ZONING DISTRICTS |
||||||||
|
A-20 |
R-5 |
R-2 |
R-1 |
R-1/2(2) |
C |
LI |
I |
I-A |
Minimum lot width |
300 ft. |
300 ft. |
165 ft. |
165 ft. |
120 ft. |
90 ft. |
100 ft. |
150 ft. |
1,320 ft. |
Minimum front yard setback |
60 ft. |
60 ft. |
60 ft. |
30 ft. |
30 ft. |
20 ft. |
25 ft. |
25 ft. |
200 ft.(1) |
Minimum rear yard setback |
60 ft. |
60 ft. |
60 ft. |
40 ft. |
30 ft. |
25 ft. |
30 ft. |
50 ft. |
200 ft.(1) |
Minimum side yard setback |
30 ft. |
30 ft. |
30 ft. |
30 ft. |
10 ft. |
10 ft. |
25 ft. |
40 ft. |
200 ft.(1) |
Minimum side yard setback (corner lot) |
30 ft. |
30 ft. |
30 ft. |
30 ft. |
30 ft. |
NR |
NR |
NR |
200 ft.(1) |
Minimum distance between buildings |
15 ft. |
15 ft. |
15 ft. |
15 ft. |
15 ft. |
NR |
NR |
NR |
15 ft. |
Max./min. building height |
NR |
30 ft. or two (2) stories/ one (1) story |
30 ft. or two (2) stories/ one (1) story |
30 ft. or two (2) stories/ one (1) story |
30 ft. or two (2) stories/ one (1) story |
Three (3) stories/ one (1) story |
Three (3) stories / one (1) story |
Three (3) stories/ one (1) story |
NR |
Minimum lot size (acres) |
20 |
5 |
2 |
1 |
1/2 |
NR |
NR |
NR |
80 |
Maximum total lot coverage (all buildings) |
NR |
5% (max. site coverage may be >5% for green-houses) |
10% |
15% |
30% |
50% |
50% |
50% |
NR |
Accessory outside storage areas |
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When located adjacent to any agricultural or residential district must be screened by a solid, nonlandscape, fence or wall at least six (6) feet in height. |
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Outside and security lighting |
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Must reflect away from adjacent agricultural and residential district. |
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(1) 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.
(2) 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).
17.20.010 Use Definitions: (Note: only wind related definitions shown)
“Wind Energy System, Commercial” means a wind energy conversion system consisting of one or more wind turbine(s) and tower(s), with associated control or conversion electronics which will be used for on-site and/or off-site consumption of power with a rated capacity in excess of 100 kW.
“Wind Energy System, Small” means a wind energy conversion system consisting of a wind turbine, a tower or other support structure and associated control or conversion electronics with a rated capacity appropriate to the on-site electric usage of the end-use and which will be used primarily to reduce on-site consumption of utility power. A small wind energy system shall not exceed a rated capacity of 100 kW.
“Wind Monitoring Tower and Equipment-Meteorological (Met) Tower” means a tower that houses or supports wind measuring equipment, such as an anemometer, for the purpose of measuring and monitoring wind velocity, duration, intensity, regularity, air temperature and pressure, etc...