Pursuant to Utah Code Annotated, County Land Use, Development and Management Act, Section 17-27a-302, the Iron County commission may enact land use ordinances establishing processes for the purposes of streamlining routine and uncontested land use matters, by following the provisions of this section, and by establishing standards for certain land uses which, because of their unique characteristics or potential impacts in surrounding residential neighborhoods, or other adjacent land uses, may not be compatible in some areas or may be compatible only if certain measures are required which mitigate or eliminate the reasonably anticipated detrimental impacts. The standards for the issuance of a administrative land use permit are established to insure compatibility with surrounding land uses, conformity with the Iron County general plan, and the protection, preservation, and promotion of the public interest, health, safety, convenience, comfort, prosperity, and general welfare.

The Iron County zoning administrator is authorized to render a final decision on the issuance of an administrative land use permit following appropriate review and consultation with county staff.

(Ord. No. 2013-3, § 2, 5-28-2013)

A.

Application. All requests for an administrative land use permit shall be submitted to the zoning administrator on the application form provided by the county detailing the nature of the administrative land use request and shall be made in accordance with the provisions of this title. The applicant shall also provide the necessary information identified for the submission and review of a business license, and/or building permit, whichever is applicable.

B.

Adjacent Property Owner Notification. All applications for an administrative land use permit shall be the subject of notification to each property owner of record for all properties surrounding and adjacent to the subject property. This required notification shall be in form approved/provided by the county and sent by first class mail to the owner of record of adjacent properties, as identified in the records of the Iron County recorder. Said notification shall provide ten calendar days for a notified property owner to protest or inform the zoning administrator, in writing, of reasonably anticipated detrimental effects.

(Ord. No. 2013-3, § 2, 5-28-2013; Ord. No. 2024-1, § 3(Exh. C), 1-22-2024)

A.

Review. The zoning administrator may grant an administrative land use permit in compliance with this title and the land management code if, from the application and the facts gathered from notified surrounding property owners, it finds:

1.

The proposed use of the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the community;

2.

The proposed use will comply with the regulations and conditions in this title for such use;

3.

The proposed use will conform to the goals, policies, and governing principles of the Iron County Land Management Code;

4.

The proposed use will be compatible with the character of the site, adjacent properties, surrounding neighborhoods, and other existing and proposed development;

5.

Adequate utilities, transportation access, drainage, parking and loading space, lighting, screening, landscaping and open space, fire protection, and safe and convenient pedestrian and vehicular circulation are available or may be provided; and

6.

Such use shall not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity.

A proposed use shall be considered detrimental:

a.

If it will cause unreasonable risks to the safety of persons or property because of vehicular traffic or parking, large gatherings of people, or other causes;

b.

If it will unreasonably interfere with the lawful use of surrounding property; or

c.

If it will create a need for essential municipal services which cannot be reasonably met.

7.

If the zoning administrator determines that the standards of this section cannot be met and that adequate mitigation measures cannot be imposed to bring the use into conformity with the standards and criteria, the zoning administrator may deny the request for an administrative land use permit.

B.

Mitigation Measures. The zoning administrator, in approving an administrative land use permit application, may impose such requirements and mitigation measures with respect to location, construction, maintenance, operation, site planning, traffic control and time limits, and other items to assure operation of the use in a manner compatible with the aesthetics, mass, bulk and character of existing and potential uses in the neighborhood, for the protection of adjacent properties and the public interest.

These measures may include:

1.

That the site will be suitably landscaped and maintained and that the design, setbacks, fences, walls and buffers of all buildings and other structures are adequate to protect property and preserve and/or enhance the appearance and character of the neighborhood;

2.

That all buildings or other structures are designed to add to the quality of the area;

3.

Provision of parking facilities, including vehicular ingress and egress, loading and unloading areas and the surfacing of parking areas and driveways to appropriate standards;

4.

The provision of required and adequate water supply, sewage disposal and fire protection;

5.

The acceptable mitigation of nuisance factors, such as noise, vibrations, smoke, dust, dirt, odors, gases, noxious matter, heat, glare, electro-magnetic disturbances and radiation;

6.

The regulation of operating hours for activities affecting normal schedules and functions;

7.

Such other measures determined necessary by the zoning administrator to allow the establishment and operation of the proposed use in an orderly and efficient manner and in compliance with the intent and purposes of the land management code.

(Ord. No. 2013-3, § 2, 5-28-2013)

In the event that one or more of the notified adjacent property owners contests the application and the reasons for said protest(s) are not resolved with mitigation measures required by the zoning administrator, to the satisfaction of the protester(s), the zoning administrator shall refer the application to the Iron County planning commission for a decision. The zoning administrator may only issue administrative land use permits on applications that remain uncontested.

(Ord. No. 2013-3, § 2, 5-28-2013; Ord. No. 2024-1, § 3(Exh. C), 1-22-2024)

Any person or entity aggrieved by a decision in the determination of an administrative land use permit shall have the right to appeal such decision to the appeals hearing officer if a written request for an appeal is made to the zoning administrator within ten days of the decision.

(Ord. No. 2013-3, § 2, 5-28-2013; Ord. No. 2024-1, § 3(Exh. C), 1-22-2024)

A.

If there is cause to believe that grounds exist for revocation or modification of an approved administrative land use permit, the zoning administrator shall review the circumstances of the permit under the terms and the provisions of this title. Notice of such administrative review shall be the same as would be required for consideration of a new administrative land use permit application.

B.

An administrative land use permit may be modified or revoked if the zoning administrator finds that one or more of the following conditions exist:

1.

The administrative land use permit was obtained in a fraudulent manner.

2.

The use for which the administrative land use permit was granted has now ceased for at least twelve consecutive calendar months.

3.

One or more of the mitigation measures required for the permit have not been met.

C.

Additionally, the mitigation measures under which an administrative land use permit was originally approved may be modified by the zoning administrator without the consent of the property owner or operator, if the zoning administrator finds that the use or related impacts constitutes or is creating a demonstrated nuisance.

D.

Enforcement of the provisions for administrative land use permits shall be the same as for other sections in this Title 17 and as described in Chapter 17.72, Enforcement.

(Ord. No. 2013-3, § 2, 5-28-2013)