The decision making bodies and officials identified within this title have responsibilities for implementing and administering the Iron County general plan, and the Iron County land management code, of which the ordinance codified in this Title 17 is a part. Other county departments, bodies and officials may have specific responsibilities related to the Iron County general plan and Iron County land management code and are identified when appropriate.

(Ord. 158 § 1 (part), 1998)

The Iron County board of county commissioners ("county commission") shall have the following powers and duties:

A.

To adopt the Iron County general plan and all elements of the general plan;

B.

To initiate amendments to the Iron County general plan, and all elements of the general plan, and the text and all other materials of the Iron County land management code;

C.

To approve, deny, or to amend and approve applications for development approval;

D.

To render, or to appoint a hearing officer to render a determination pursuant to the provisions of Chapter 17.80, if an applicant asserts a deprivation of, or has been subject to, a taking of property without just compensation or asserts some other invalidity by the passage of the ordinance codified in this title;

E.

To establish a fee schedule by resolution for applications for development approval, zone district amendments and all other approvals, permits and licenses required by this title and the Iron County land management code;

F.

To designate and appoint an administrative official to decide routine and uncontested matters which otherwise would be heard by the appeals hearing officer;

G.

To take such other action not expressly delegated to the zoning administrator, planning commission or the appeals hearing officer that may be desirable and necessary to implement the provisions of the Iron County general plan and the Iron County land management code.

(Ord. 158 § 1 (part), 1998)

(Ord. No. 2012-2, §§ 6, 32, 6-25-2012)

A.

Creation. There is created and established an Iron County planning commission ("planning commission").

B.

Powers and Duties. The planning commission shall be an advisory body to the county commission pertaining to the Iron County general plan and the Iron County land management code. The planning commission shall have the following powers and duties:

1.

To prepare or cause to be prepared an Iron County general plan or any element thereof and to submit the proposed Iron County general plan or element thereof to the county commission;

2.

To prepare or cause to be prepared amendments to the general plan or elements thereof from time to time and to submit the proposed amendments to the county commission;

3.

To initiate, hear, review and make recommendations to the county commission on applications for amendments to the text or other materials of the Iron County land management code;

4.

To review and make recommendations to the county commission with regard to interpretations of authorized permitted and conditional uses;

5.

To hear, review, recommend approval or disapproval, or approve or disapprove applications for development approval, as authorized by this Title 17 and the land management code;

6.

To adopt bylaws, policies, procedures and regulations for the conduct of its duties and meetings, for the consideration of all applications and for any other purposes deemed necessary for the functioning of the planning commission provided, that such bylaws, policies, procedures and regulations shall be consistent with all requirements of the land management code and shall be approved by the county commission before taking effect.

C.

Qualifications for Membership. Members of the planning commission shall be appointed by the county commission from the qualified electors of the county.

D.

Membership—Appointment, Removal, Terms, and Vacancies.

1.

The planning commission shall be composed of seven members appointed by the county commission.

2.

The county commission, after finding cause, may remove any member of the planning commission for violation of this Title 17 and the land management code or any policies or procedures adopted by the planning commission following receipt of a written complaint filed against the member. The county commission shall provide the member with a hearing, if requested.

3.

Members of the planning commission may be compensated on a per diem basis, based upon meetings actually attended and reasonable and necessary expenses, as determined by the county commission.

4.

All members shall serve a term of three years. No member shall serve more than three consecutive terms.

5.

At an annual organizational meeting, the members of the planning commission shall elect one of their members as chair and one of their members as vice-chair. In the absence of the chair, the vice-chair shall act as chair and shall have all powers of the chair. The chair shall serve a term of one year. No member shall serve as chair for more than two consecutive terms.

6.

The chair, or in the chair's absence the vice-chair, shall be in charge of all proceedings before the planning commission and shall take such action as shall be necessary to preserve order and the integrity of all proceedings before the planning commission.

E.

Recording Secretary. The county commission shall appoint a recording secretary to serve the planning commission. The recording secretary shall keep the minutes of all proceedings of the planning commission, which minutes shall be the official record of all proceedings before the planning commission, attested to by a majority vote of the members of the commission. The recording secretary shall maintain all records of planning commission meetings, hearings and proceedings and handle the correspondence of the planning commission.

F.

Quorum and Necessary Vote. No meeting of the planning commission may be called to order, nor may any business be transacted, without a quorum consisting of at least four members of the planning commission being present. The chair shall be included for purposes of establishing a quorum and shall act as a voting member of the planning commission. All actions shall require the vote of a majority of the total members of the planning commission.

G.

Meetings, Hearings and Procedure.

1.

The commission shall establish a regular meeting schedule.

2.

Special meetings may be requested by the county commission, the chair of the planning commission, or a majority of the members of the planning commission.

3.

If a matter is postponed due to lack of a quorum, the chair shall reschedule the matter to the next available planning commission meeting. The recording secretary shall notify interested parties and all members of the planning commission of the date of the continued meeting.

(Ord. 158 § 1 (part), 1998)

A.

Creation. The position of appeals hearing officer is created pursuant to the enabling authority granted by the County Land Use, Development, and Management Act, Section 17-27a-701, Utah Code Annotated.

B.

Jurisdiction and Authority. The appeals hearing officer shall have the following powers and duties in connection with the implementation of this title:

1.

Hear and decide appeals from any administrative decision made by the zoning administrator in the administration or the enforcement of this title pursuant to the procedures and standards set forth in Chapter 17.76, Appeals, of this title;

2.

Authorize variances from the terms of this title pursuant to the procedures and standards set forth in Chapter 17.64, Variances, of this title;

3.

Hear and decide appeals from decisions made by the planning commission regarding conditional uses;

4.

Hear and decide interpretations of a zoning district boundary line as provided in Section 17.04.020:

5.

Hear and decide requests for the issuance of a building permit authorizing the reconstruction, remodeling, expansion or enlargement of a nonconforming building or structure;

6.

Hear and decide appeals and request for variances from the requirements of Section 15.12.140, Flood damage prevention; and

7.

Any and all other duties specifically identified in the Iron County Code to be the responsibility of the appeals hearing officer.

C.

Routine and Uncontested Matters. The appeals hearing officer may determine those matters it considers as routine and uncontested to be heard and decided by the zoning administrator as authorized by Section 17.64.080.

D.

Recommendations. The appeals hearing officer may recommend to the county commission and/or planning commission revisions to the Iron County general plan and the Iron County land management code.

E.

Conflict of Interest. The appeals hearing officer shall not participate in any appeal in which the hearing officer has a conflict of interest prohibited by law.

F.

Limitation of Powers. The appeals hearing officer shall not have power, jurisdiction or authority to consider any of the following:

1.

Variances to any of the standards governing approval of subdivisions, site plans, or conditional use permits; or

2.

Amendments to the general plan and any element or map thereof or any provision, requirement or map of the Iron County land management code, including this title.

G.

Qualifications. The appeals hearing officer shall be appointed by the county commission. The commission may appoint more than one appeals hearing officer, but only one hearing officer shall consider and decide upon any matter properly presented for hearing officer review. The appeals hearing officer shall serve at the discretion of the county commission. The appeals hearing officer shall either be law trained or have significant experience with land use laws and the requirements and operations of administrative hearing processes.

H.

Compensation. The appeals hearing officer may be compensated on a contract basis, based upon meetings actually attended, work done, and reasonable and necessary expenses, as determined by the county commission.

I.

Removal. The county commission, at their discretion, may remove the appeals hearing officer with or without receipt of a written complaint filed against the appeals hearing officer. The county commission may provide the appeals hearing officer with a hearing, if requested.

J.

Recording Secretary. The county commission shall appoint a recording secretary to serve the appeals hearing officer. The recording secretary shall keep the minutes of all proceedings of the appeals hearing officer, which minutes shall be the official record of all proceedings before the appeals hearing officer. The recording secretary shall maintain all records of appeals hearing officer meetings and proceedings and handle the correspondence of the appeals hearing officer.

K.

Meetings and Hearings. Meetings and hearings of the appeals hearing officer shall be held as required.

L.

Appeals Procedure. Appeals of administrative decisions to the appeals hearing officer shall be taken in accordance with the following procedures:

1.

Filing of Appeal. An appeal shall be made in writing within ten days of the administrative decision and shall be filed with the zoning administrator. The appeal shall specify the decision appealed, the alleged error made in connection with the decision being appealed, and the reasons the appellant claims the decision to be in error, including every theory of relief that can be presented in district court.

2.

Fees. Nonrefundable application and hearing fees shown on the Iron County consolidated fee schedule shall accompany the appeal.

3.

Stay of Proceedings. An appeal to the appeals hearing officer shall stay all further proceedings concerning the matter about which the appealed order, requirement, decision, determination, or interpretation was made unless the zoning administrator certifies in writing to the appeals hearing officer, after the appeal has been filed, that a stay would, in the zoning administrator's opinion, be against the best interest of the county.

4.

Notice and Schedule. Upon receipt of an appeal, the appeals hearing officer shall give notice and establish the schedule for the submission of all necessary and relevant information on the appeal.

a.

Providing all of the information necessary for consideration of an appeal specified under this chapter shall be the responsibility of the appellant and shall be in the form established by the appeals hearing officer pursuant to the standards of this subsection.

b.

The submission of relevant information pertaining to an appeal from a decision of the planning commission shall be limited to the appellant, the county and the respondent who may present legal argument based on evidence in the record.

5.

Standard of Review.

a.

The standard of review for an appeal, other than as provided in subsection (b) of this subsection (5), shall be de novo. The appeals hearing officer shall review the matter appealed anew, based upon applicable procedures and standards for approval, and shall give no deference to the decision below.

b.

An appeal from a decision of the planning commission shall be based on the record made below.

i.

No new evidence shall be heard by the appeals hearing officer unless such evidence was improperly excluded from consideration below.

ii.

The appeals hearing officer shall review the decision based upon applicable standards and shall determine its correctness.

iii.

The appeals hearing officer shall uphold the decision unless it is not supported in the record, is determined to be arbitrary or it violates a law, statute, or ordinance in effect when the decision was made.

6.

Burden of Proof. The appellant has the burden of proving the decision appealed is incorrect.

7.

Action by the Appeals Hearing Officer. The appeals hearing officer shall render a written decision on the appeal. Such decision may reverse or affirm, wholly or in part, or may modify the administrative decision. A decision by the appeals hearing officer shall become effective on the date the decision is rendered.

8.

Notification of Decision. Notification of the decision of the appeals hearing officer shall be sent by mail to all parties to the appeal within ten days of the appeals hearing officer's decision.

9.

Record of Proceedings. The proceedings and decision of the appeals hearing officer shall be kept for the record by the recording secretary.

M.

Appeals. Any person adversely affected by a final decision made by the appeals hearing officer may file a petition for review of the decision with the district court within ten days after the decision is rendered.

N.

Stay of Decision. The appeals hearing officer may stay the issuance of any permits, approval, or order based on its decision for thirty days or until the decision of the district court in any appeal of the decision.

(Ord. 158 § 1 (part), 1998)

(Ord. No. 2012-2, § 7, 6-25-2012; Ord. No. 2023-6, § 1, 12-11-2023)

The county commission shall designate a staff person to carry out the responsibilities of the zoning administrator. The staff person designated is referred to in this Title 17 as the "zoning administrator." It is the responsibility of the zoning administrator to ensure all processes, procedures and other provisions of this title are consistently and equitably applied and to effect the general administration and enforcement of this title and the land management code.

(Ord. 158 § 1 (part), 1998)

Determination as to the classification of uses not specifically listed in Sections 17.16.030, Table of Uses and 17.20.010, Definitions, may be made by the zoning administrator:

A.

An application requesting such determination shall be filed with the zoning administrator. The application shall include a detailed description of the use and other such information as may be required.

B.

The zoning administrator shall make such investigations as are deemed necessary to compare the nature and characteristics of the proposed use with those of uses specifically listed in this title, that are similar in nature and are anticipated to have similar or lesser impacts, and shall make a determination of its classification based on his investigations. The determination shall state the zone classification(s) in which the use will be allowed and whether the use will be a permitted use or a conditional use in the zone(s).

C.

The determination and all information pertaining to it shall be identified as an administrative determination and shall be filed as a permanent public record in the office of the building and zoning department.

(Ord. No. 2013-3, § 6, 5-28-2013)

The staff of the Iron County department of planning and building shall perform the planning functions of the county and shall provide support on all amendments to the general plan and the land management code and all applications for development approval, permits, licenses and appeals and shall perform all such other functions as may be requested by the county commission, the planning commission and appeals hearing officer, as authorized. Other county offices and staff shall provide additional support and assistance to the board of county commissioners, planning commission and appeals hearing officer, as required.

(Ord. 158 § 1 (part), 1998)

(Ord. No. 2012-2, § 8, 6-25-2012)

All meetings and hearings of the county commission and planning commission shall comply with the provisions of this title and the Utah Code (Section 63G-30-102 U.C.A., Class A or Class B Notices). At least ten days' notice shall be provided for all public hearings required by this title. The applicant shall be required to pay the cost for the county to provide the required notice. See Sections 17.04.070 and 17.04.080 for noticing requirements and designated county land use authority for land use decisions.

(Ord. 158 § 1 (part), 1998)

(Ord. No. 2012-2, § 9, 6-25-2012; Ord. No. 2024-1, § 3(Exh. C), 1-22-2024)