Pursuant to Utah Code Annotated, Section 17-27a-506a, county may adopt a land use ordinance that includes conditional uses and provisions that require compliance with objective standards set forth in an applicable ordinance.

(Ord. 186 § 1 (part), 2003: Ord. 158 § 1 (part), 1998)

(Ord. No. 2024-1, § 3(Exh. C), 1-22-2024)

All applications for a conditional use permit shall be made in accordance with the provisions of this title and shall be the subject of a public hearing for which a minimum of ten days' public notice has been provided.

(Ord. 158 § 1 (part), 1998)

(Ord. No. 2024-1, § 3(Exh. C), 1-22-2024)

All requests for a conditional use permit shall be made on the application form provided by the county detailing the nature of the conditional use request. The applicant shall also provide the necessary information identified for the submission and review of a plat, site plan or building permit, whichever is applicable. The Iron County planning commission is authorized to render a final decision on the issuance of a conditional use permit following review from the zoning administrator.

(Ord. 158 § 1 (part), 1998)

(Ord. No. 2024-1, § 3(Exh. C), 1-22-2024)

The planning commission in approving a conditional use application may impose such requirements and conditions with respect to location, construction, maintenance, operation, site planning, traffic control and time limits, and other items for the conditional use permit as deemed necessary for the protection of adjacent properties and the public interest. The planning commission may require guarantees or other evidence that such conditions will be met and complied with.

(Ord. 158 § 1 (part), 1998)

(Ord. No. 2024-1, § 3(Exh. C), 1-22-2024)

A.

The planning commission shall grant a conditional use permit in compliance with this title and the land management code if, from the application and the facts presented at the public hearing, it finds:

1.

The proposed use at the proposed location will not be unduly detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety or general welfare.

2.

The proposed use will be located and conducted in compliance with the goals and policies of the Iron County general plan and the purposes of this title and the land management code.

3.

That the property on which the use, building or other structure is proposed is of adequate size and dimensions to permit the conduct of the use in such a manner that will not be materially detrimental to adjoining and surrounding properties.

4.

Does not propose any construction on any critical lands as defined in Section 17.36.020 of this title.

B.

In approving a conditional use permit, the planning commission may impose such reasonable conditions or restrictions as it deems necessary to secure the purposes of the Iron County general plan and the land management code and to assure operation of the use in a manner compatible with the aesthetics, mass, bulk and character of existing and potential uses in the general vicinity. These conditions 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;

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 specified standards;

4.

The provision of required street and highway dedication and improvements and adequate water supply, sewage disposal and fire protection;

5.

The 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.

Regulation of signs;

8.

Provision of a reasonable guarantee, bond or other surety, as determined by the planning commission, that the proposed conditional use will be maintained and operated in compliance with all conditions and requirements;

9.

Identifying a time for regular review and monitoring as determined necessary by the planning commission to ensure the use continues to operate in compliance with all conditions and requirements of approval;

10.

Such other conditions determined necessary by the planning commission to allow the establishment and operation of the proposed conditional use in an orderly and efficient manner and in compliance with all elements of the general plan and the intent and purposes of the land management code.

(Ord. 158 § 1 (part), 1998)

(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 conditional use permit, the planning commission shall hold a public hearing on the question of modification or revocation of a conditional use permit granted under the terms and the provisions of this title. Notice of such hearing shall be the same as would be required for consideration of a new conditional use application.

B.

A conditional use permit may be modified or revoked if the planning commission finds that one or more of the following conditions exist:

1.

The conditional use permit was obtained in a fraudulent manner.

2.

The use for which the conditional use permit was granted has now ceased for at least six consecutive calendar months.

3.

One or more of the conditions of the conditional use permit have not been met.

C.

Additionally, the conditions under which a conditional use permit was originally approved may be modified by the planning commission without the consent of the property owner or operator, if the planning commission finds that the use or related development constitutes or is creating a demonstrated nuisance.

(Ord. 158 § 1 (part), 1998)

(Ord. No. 2024-1, § 3(Exh. C), 1-22-2024)