The ordinance codified in this title shall be known and may be referred to as the "Iron County zoning ordinance," a part of the Iron County land management code. The Iron County zoning ordinance may, in subsequent sections, be referred to as "Title 17," "the ordinance codified in this title," or "this title."

(Ord. 158 § 1 (part), 1998)

The board of county commissioners of Iron County, Utah, adopts this Title 17 pursuant to The County Land Use Development and Management Act, Title 17, Chapter 27, of the Utah Code and all other authorities and provisions of Utah statutory and common law that are applicable.

(Ord. 158 § 1 (part), 1998)

The purpose of this title is to implement the goals and policies of the Iron County general plan. This title contains standards, provisions and requirements intended to protect the health, safety and welfare of the citizens of Iron County by ensuring that neighbors and adjacent and neighboring properties are protected from potential negative impacts in the development and use of land and resources. It is the intent of this title to provide a means of ensuring predictability and consistency in the use of land and individual properties, and to guide and direct the development of land.

These purposes are met by:

A.

Providing the means of implementing the various policies and other provisions of the Iron County general plan;

B.

Guiding the growth and development of the county in an orderly manner consistent with the land use and environmental goals and policies of the county;

C.

Generally directing and guiding land development so more intense development is located in areas of the county having the necessary services and facilities at levels of service sufficient to meet the demands of the proposed development activity;

D.

Promoting the public health, safety and general welfare by regulating the location and use of buildings, structures and land for residential, commercial and other specified uses;

E.

Preventing damage and injury from disasters such as fire, flood, geologic and seismic hazards and other dangers;

F.

Avoiding excessive concentration of people and overcrowding of the land;

G.

Assuring adequate transportation facilities, public utilities, schools, parks, open space and other public facilities and improvements;

H.

Directing and managing, through the establishment of use districts, the type, distribution and intensity of activity;

I.

Providing that development proposals relate to the provisions of the Iron County general plan;

J.

Protecting landowners from potential adverse impacts from adjoining uses; and

K.

Securing economy and efficiency in the allocation and expenditure of public funds.

(Ord. 158 § 1 (part), 1998)

A.

Applications accepted by the county as complete for any approval, permit or license issued under the provisions of this title shall be processed, reviewed and approved or denied, subject to the provisions of this title and all other provisions of the Iron County land management code in effect at the time the application is accepted as complete, as required by Section 17.32.070.

B.

No building may be erected and no existing building shall be moved, altered or enlarged nor shall any land, building or premises be used, designed or intended to be used for any purpose or in any manner other than as allowed by this title, or amendments thereto, and as allowed and authorized by any other provisions of the Iron County land management code.

C.

All approvals, permits, or licenses issued under the provisions of this title must be found to be consistent with the goals, policies and uses of the Iron County general plan.

D.

The provisions of this title shall apply to all lands within the unincorporated area of Iron County, as indicated on the county's official zoning districts map, accompanying and incorporated herein by reference. Except as expressly provided, no development or use of land shall be undertaken without approval pursuant to the provisions of this title. The provisions of this title are not intended to interfere with, abrogate or require the enforcement by the county of any legally enforceable easements, covenants or other agreements between private parties that may restrict the use of land or dimensions more than the requirements and provisions of this title. When the regulations of this title impose greater restrictions than are imposed by such easements, covenants or other agreements between parties, or are required by laws or other applicable ordinances, the provisions of this title shall control. Where this title requires a greater restriction upon the use of buildings or land, or upon the height, bulk, or intensity of buildings, or requires greater open space areas, landscape areas, buffer areas or other site requirements than are imposed by easements, covenants or agreements, the provisions of this title shall apply.

E.

The provisions of this title shall be held to be the minimum requirements necessary to protect the public health, safety and welfare of the citizens of Iron County. Additional requirements may be imposed by the zoning administrator, appeals hearing officer, planning commission or county commission to more fully ensure the goals and policies of the Iron County general plan are achieved, the public health, safety and welfare of the residents of the county protected, and the purposes of the Iron County land management code are achieved.

(Ord. 158 § 1 (part), 1998)

(Ord. No. 2012-2, § 4, 6-25-2012)

All county departments, officials, employees, agencies, and bodies of the county with the duty or authority to issue permits or licenses required by this title and the Iron County land management code shall conform to the provisions of this title and the code and shall not issue any permits or licenses for uses, buildings or any purpose in conflict with the provisions of this title and the land management code.

(Ord. 158 § 1 (part), 1998)

No construction shall occur, except pursuant to a validly issued, unexpired and unrevoked building permit. Applicants for a building permit shall submit an approved final site plan, or final subdivision plat, and if applicable, a conditional use permit prior to obtaining issuance of a building permit. The permittee shall proceed only in accordance with the approved building permit, development permit and any approved conditions.

Any person who intends to dig, excavate, or cause ground disturbance in order to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or cause such work to be done, shall first make application to the county's building official and obtain the required permit.

For any construction exempt from the requirement for a building permit, as allowed by state law, the county's building official may require the submission of a site plan and such other documents and materials that may be necessary to ensure compliance with the provisions of state law and this chapter.

(Ord. 202 § 1 (part), 2005: Ord. 158 § 1 (part), 1998)

The adoption and enforcement of building codes serves the public interest by providing for the inspection of structures and for structural stability, fire resistance, adequate ventilation and other safety and sanitary features, as well as the preservation of critical habitat.

A.

Building Permit Required. Construction or removal of any building or structure or any part thereof, or any excavation, digging, or other ground disturbance, necessary to construct any building or structure or any part thereof, including all structures or uses of which plans have been approved as part of a zoning district amendment, site plan, subdivision plat or conditional use permit, shall not be commenced or proceeded with until a building permit is obtained from the county's building official, unless exempted by the provisions of the county's building code or state law, including agricultural buildings to the extent exempted by the provisions of U.C.A. Section 58-56-4.

B.

Code Compliance. All structures requiring a building permit shall comply with the requirements of the county's building codes, as adopted by the county.

C.

Issuance of Building Permits Prior to Completion and Acceptance of Required Improvements. Building permits may be issued for construction in subdivisions and other projects prior to the completion and acceptance by the county of the required public improvements provided, however, that no building permit may be issued until adequate financial assurance has been provided for completion of such improvements as approved by the county engineer. In such cases, the building official may require that the applicant for a building permit sign a statement indicating the following:

1.

That the applicant is aware of the terms of the bond or escrow account established to guarantee completion of required improvements to the satisfaction of the county;

2.

That the applicant releases Iron County from all liability for the installation, maintenance, or repair of the required improvements until the same have been completed and accepted by the county;

3.

That the applicant assumes all risk in connection with construction on the subject property.

D.

Prior to issuance of a building permit, the applicant may be required to post a bond or provide other financial security, in such form and sum as required by the county engineer or zoning administrator and approved by the county attorney, with sufficient surety running to the county to offset any costs or expenses associated with the abatement of debris and material associated with construction activities on and off the site.

(Ord. 202 § 1 (part), 2005; Ord. 158 § 1 (part), 1998)

A certificate of occupancy shall be required before any structure or premises, or part thereof, hereafter erected, changed, converted, moved, altered or enlarged wholly or in part, may be used or occupied. No certificate of occupancy shall be issued permitting the use or occupation of any such structure or premises, unless:

A.

If a building permit is required, the construction pursuant to such permit as reflected in the approved building have been fully completed and accomplished.

B.

If no building permit was required, the use conforms to this title and all other applicable statutes, ordinances and regulations, or the use is a valid legal nonconforming use in accordance with the provisions of this title.

C.

Payment of all applicable fees, charges and other and requirements have been made and any conditions for the establishment of the use or structure have been met.

(Ord. 158 § 1 (part), 1998)

This title shall not nullify any law, ordinance, agreements or covenants which are more restrictive, but shall prevail notwithstanding such provisions which are less restrictive.

(Ord. 158 § 1 (part), 1998)

The following properties, uses and structures shall, to the extent provided by law, be exempted from the provisions of this code:

A.

Properties owned and operated by the state of Utah or the federal government. Where state or federal law requires that the agency take steps to comply with all applicable local regulations, this exemption shall not be construed to abrogate that requirement.

(Ord. 158 § 1 (part), 1998)

The Iron County zoning ordinance dated June 3, 1981, with all subsequent amendments as codified, together with any maps which are part of that ordinance, is superseded, repealed and amended to read as set forth in the ordinance codified in this Title 17, as adopted by the Iron County board of county commissioners through Ordinance No. 157. This title shall take effect immediately following its adoption by the Iron County board of county commissioners.

(Ord. 158 § 1 (part), 1998)

The provisions of the ordinance codified in this Title 17 shall be construed to carry out the purposes of this Title 17 and the Iron County general plan and to avoid conflict with the laws of the United States or America, the state of Utah or any other limitation imposed by law. If any section, provision, sentence or clause of this title is declared unconstitutional by a court of competent jurisdiction, such determination shall not impair the validity of the remainder of this title and other provisions of the Iron County land management code which shall remain in full force and effect.

(Ord. 158 § 1 (part), 1998)