TITLE 2 ADMINISTRATIVE CODE

Part of the Code of Ordinances of Virgin, UT.

Local law · Updated February 18, 2025 · 513 sections

The text

2.03 - Procurement#

2.03.010 - Federal/State Law#

When procurement involves the expenditure of Federal assistance funds or Federal funds administered by the State of Utah, the Town shall comply with all applicable Federal laws, regulations and State laws.

2.03.020 - Town Procurement Code#

If not specifically regulated elsewhere the following procurement regulations and policies shall apply and be known as the "Virgin Town Procurement Code": A.

Definition. As used herein, "procurement" means buying, purchasing, renting, leasing, leasing with an option to purchase, or otherwise acquiring a supply, a service, construction, or technology.

Procurement Policies.

For purposes of procurement oversight, the Mayor, with the advice and consent of the Town Council, shall assign supervisory authority to members of the Council for the various departments, programs, services and facilities with separate income and expense categories with the Town's approved budget for a given year. Supervisory Assignments once approved will continue unless and until future modification by the Mayor, with the advice and consent of Town Council, occurs or the person's term as member of the Town Council expires (in which instance the supervisory assignment will fall to the person elected to fill the prior Town Council member's seat).

Any procurement that is not part of the daily or regular expense of running the Town Offices, A Town Program, a Town Service and/or Town Facilities require a purchase order ("PO") to be completed prior to the procurement. At a minimum, the PO shall state:

The date of the PO;

A brief description of item(s) or service(s) to be procured;

The amount of the procurement (or estimate rounded up to the next $100.00 increment);

The category of the Town budget, from which the funds for the procurement will be drawn from, and;

The name and signature of the Town Councilmember or Mayor who has the supervisory assignment for the budget category of the procurement being obtained. If the procurement is being secured for the benefits of two or more budget categories of which more than one member of the Town Council has supervisory authority, then the PO shall contain the name and signature of each necessary Town Councilmember.

Any procurement of more than five hundred dollars ($500.00) made by the Town Administrative Staff or Employees must be approved by the Town Councilmember having supervisory authority for the budget category in which the procurement is being charged to.

Any procurement of up to ten thousand dollars ($10,000.00) initiated by a Town Councilmember does not require the approval of the Town Council so long as: a) the Town Councilmember initiating the procurement is the person with supervisory authority over the budget category in which the procurement is being made, and b) the procurement would not cause the Town department or Town budget category for which the procurement is secured to exceed its remaining budget balance for the year.

Any procurement of ten thousand dollars ($10,000.00) or more but less than one hundred thousand dollars ($100,000.00) shall require prior approval by the Town Council.

Any procurement of ten thousand dollars ($10,000.00) or more but less than one hundred thousand dollars ($100,000.00) shall require:

The Town to solicit and obtain three responsive bids through an RFP (Request for Proposal) if necessary;

The Town Council to pre-approve or ratify the procurement after the fact; and

The procurement to be awarded to the party who the Town Council believes to be most qualified and competent to provide the item or service and, in the instance of multiple equally qualified and competent bidders, the lowest bid of the group and according to the guidelines included in any RFP (Request for Proposal).

Any procurement of one hundred thousand dollars ($100,000.00) or more shall be made in compliance with the Utah Procurement Code, Utah Code Annotated Sections 63G-61-101 et seq.

No member of Town Council, Town Staff or Town Employee shall intentionally or knowingly divide a procurement into one or more smaller procurements with the intent to make a procurement meet a lower approval threshold established by this policy.

Exemptions to Procurement Policies. In the following instances the Town is exempt, and need not comply with certain identified portions of the "Procurement Policies" set forth in Section B above:

Compliance with Subsection B.6.a is not required if the procurement relates to a used or previously owned item(s) or the service to be procured is provided by less than 3 competent and qualified providers located with 150 miles of the Town;

Compliance with Subsection B.4 and B.5 is not required if the procurement is an "Emergency Procurement" as identified in Utah Code Annotated 63G-6a-803(1);

Compliance with all Subsections (except Subsection B.6.b) is not required if the procurement is for "Design Professional Services" as that term is defined in Utah Code Annotated 63G-6a-103(27);

Compliance with all Subsections (except Subsection B.6.b) is not required if the procurement is for real property or water rights; and

Compliance with all Subsections (except Subsection B.6.b) is not required if the procurement is for the provision of legal, accounting, or administrative services.

2.03.030 - Procurement Contracts/Uniform Terms and Conditions#

Upon awarding a procurement (or other than those exempt procurements set forth in Section 2.030.030) to a vendor or service provider, the Town shall require the party to enter into a basic written contract containing clauses which clearly sets forth the material terms of the procurement including: price, method of payment, date of delivery or completion and a clear scope of the goods and/or services provided. In addition, the Town shall attach thereto, and incorporate by reference, a uniform set of terms and conditions of procurement which the Town may modify and revise from time to time by resolution of the Town Council.

2.04 - Elections#

2.04.020 - Form of Election#

The Washington County Commission has recommended a by-mail (absentee ballot) precinct to be established in Virgin Town, Utah because there are under 500 registered voters, as per Utah Code Annotated 20A-3-302; and

The Town Council of Virgin, Utah desires to have a high voter turnout in its municipal elections, which would include not only a by-mail precinct but also to have a local voting precinct in the Town of Virgin on Election day only, to conduct its municipal election in the paper ballot form, with no early voting days held.

2.06 - Town Manager#

2.06.010 - Creation of Office#

The office of the Town Manager, which shall be known as "Town Manager", is created and established pursuant to Utah Code section 10-3b-403. The Town Manager shall be referred to as the Town Manager and is the chief administrative officer of the Town.

(Ord. No. 2025-02, § 1, 1/21/2025)

2.06.020 - Selection and Appointment#

The Town Council may by majority vote appoint a qualified person as the Town Manager.

The Town Manager shall be selected, without regard to political considerations, based on the candidate's abilities, integrity, education, and prior experience relating to the duties of the office, including, but not limited to, abilities, experience, and education in the accepted competencies and practices of local government management. The manager must, in the opinion of the Town Council, have the managerial capabilities necessary to provide professional direction to the Mayor and Town Council.

No qualified Town Council member shall be appointed during the term for which the council member shall have been elected nor within one year after expiration of the council member's term.

The Town Manager must reside within 60 minutes travel time to Virgin.

(Ord. No. 2025-02, § 1, 1/21/2025)

2.06.030 - Terms of Office; Compensation#

The Town Manager shall serve at the pleasure of the Town Council. Any person serving as Town Manager under this article may be removed with or without cause by a majority vote of the Town Council. Notwithstanding the provisions set forth in this section, the Town Manager shall not be removed from office, other than for misconduct in office, during or within a period of ninety (90) days next succeeding any general municipal election held in the town at which election a member of the Town Council is elected; the purpose of this provision is to allow any newly elected member of the town council or a reorganized town council to observe the actions and ability of the Town Manager in the performance of the powers and duties of his/her office. After the expiration of the ninety (90) day period aforementioned, the provisions of this chapter as to the removal of the Town Manager shall apply and be effective.

The Town Manager shall resign his or her position with the Town upon not less than sixty (60) days' written notice to the Mayor and Town Council. The Town Manager and Town may mutually agree in writing to terminate the services of the Town Manager with less than 60 days' written notice.

The Town Manager shall be subject to an annual performance review by the Town Council.

The Town Manager shall receive compensation at the rate and in the form to be determined by the Town Council and established by resolution and/in contract.

(Ord. No. 2025-02, § 1, 1/21/2025)

2.06.040 - Powers and Duties#

The Town Manager acts under the control and supervision of the Mayor and Town Council. The manager is responsible for the administration of all affairs of the Town placed in the town manager's charge by this Chapter.

The Town Manager's powers and duties are:

Comply with the ICMA Code of Ethics and all State ethics requirements;

Organize and direct the management of the executive affairs of the Town in a manner consistent with state law and Town ordinances and resolutions;

Develop, recommend and implement Town policies, practices, rules, regulations and procedures; carry out legislative directives and decisions; and administer contracts;

Appoint, hire, evaluate, suspend, supervise, transfer and remove any Town employees. The power of the Town Manager to appoint, hire, evaluate, suspend, supervise, transfer and remove shall not apply to elected, statutory or appointed

Attend all Town Council meetings unless excused by Mayor or Town Council. The Town Manager may participate in discussions with the Mayor and Town Council but

Be responsible for the enforcement of the laws, ordinances, rules and regulations of the Town, and acts of the Town Council, and see that all franchises, leases, permits, contracts, licenses and privileges granted by the Town are observed;

Prepare and submit the annual budget and five-year capital plan to the Town Council for its approval in accordance with State law and Town Ordinances and Resolutions, and execute the final budget approved by the Town council to achieve the goals of the Town;

Submit all required reports to state and other agencies as compiled from the audited financial statement. Upon written request of the Mayor or Town Council, the Town Manager shall make written or verbal reports at any time concerning the affairs of the Town under his/her supervision;

Keep the Mayor and the Town Council advised of the financial condition and future needs of the Town and make such recommendations to the Mayor or Town Council for adoption as he/she may deem necessary or expedient;

10.

Analyze the functions, duties, and activities of the various departments, boards, and services of the Town government and of all employees thereof and make recommendations to the Town Council with reference thereto, as in his or her judgment will result, if adopted, in greater efficiency of the overall operation of the Town government;

11.

Make such other reports as the Town Council may require;

12.

Assist the Town Council in developing long term goals for the Town and strategies to implement these goals;

13.

Promote partnerships among Town Council, staff, and citizens in developing public policy and building a sense of community;

14.

Prepare the Town Council agenda in consultation with Mayor;

15.

Carry out the policies and programs established by the Town Council;

16.

Prepare recommendations for the Town Council regarding the addition, deletion, or reduction in municipal services; and

17.

Perform such other duties as may be prescribed by ordinance, resolution, or requested of him/her by the Mayor and Town Council that are consistent with state laws.

Nothing in this chapter shall be construed to delegate to the Town Manager the legislative and judicial powers of the mayor, the mayor's position as chief executive officer of the Town pursuant to Utah code section 10-3b-104(1)(a), chairperson of the Town Council, or any ex officio position which the mayor shall hold.

(Ord. No. 2025-02, § 1, 1/21/2025)

2.06.050 - Acting Town Manager#

If, because of natural or human-caused disaster or emergency situation, absence, disability or death, the Town Manager is unable to carry out the duties imposed by this chapter, the duties and authorities of the Town Manager shall be exercised by one of the following municipal officials, in the order indicated, until the Town Manager or a person higher on the priority list becomes capable of exercising such duties: 1.

Mayor;

Mayor Pro Tem;

Council Members in order of seniority on Town Council;

The exercise of interim successor duties pursuant to this subsection shall be promptly reported to the members of the Town Council as soon as practical by the person assuming those duties.

(Ord. No. 2025-02, § 1, 1/21/2025)

2.12 - Road Inspector#

2.12.010 - Powers#

The Road Inspector shall have the power to order all work stopped on construction, alteration, or repair of any roads in the Town of Virgin when such work is being done in violation of any provisions of any ordinance relating thereto, or in violation of the current adopted Virgin Town Road Standards. Work shall not be resumed after the issuance of such order, except on the written permission of the Inspector; provided, that if the stop order is an oral one, it shall be followed by a written stop order within one hour. Such written stop order may be served by any peace officer, the Planning and Zoning Administrator, or other authorized person. The authorized person shall be appointed by the Town Council.

The Road Inspector shall have the power to enter the premises where the work of altering, repairing or constructing any road is going on, for the purpose of making inspections at any reasonable hour, pursuant to any of the provisions listed in this Chapter.

2.12.020 - Duties#

Enforce the provisions of the current adopted Virgin Town Road Standards.

Inspect all infrastructure to include, but not limited to engineering, design standards, grading, safety and protection, drainage, sidewalks and curbs, and to determine their safely and effect on the persons who are in the Town.

Review all applications for new construction or substantial improvements to determine whether proposed site will be reasonably safe from damages to property around the site. If a proposed site is in a location that has a flood hazard, any proposed new construction or substantial improvement must:

Be designed (or modified) and anchored to prevent flotation, collapse or lateral movement;

Use construction methods and practices that will minimize damage to existing roadways and infrastructure.

Review subdivision proposals and other proposed new developments to assure that:

All such proposals are consistent with the need to minimize flood damage in accordance with the Road Standards;

All public utilities and facilities, such as electrical and water systems are located, elevated and constructed to meet the Town Code and the Road Standards;

Adequate drainage is provided so as to reduce exposure to flood hazard.

Require new or replacement water supply systems in roadway to be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and require on-site waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding.

2.14 - Building Inspector#

2.14.010 - Powers#

The Building Inspector shall have the power to order all work stopped on construction, alteration or repairs of the buildings in the Town of Virgin when such work is being done in violation of any provisions of any ordinance relating thereto, or in violation of the current adopted Subdivision or Zoning Codes. Work shall not be resumed after the issuance of such order, except on the written permission of the Inspector; provided, that if the stop order is an oral one, it shall be followed by a written stop order within one hour. Such written stop order may be served by any peace officer, the Planning and Zoning Administrator, or other authorized person. The authorized person shall be appointed by the Town Council.

The Building inspector shall have the power to enter into any building or the premises where the work of altering, repairing or constructing any building or structure is going on, for the purpose of making inspections at any reasonable hour, pursuant to any of the provisions listed in this document.

2.14.020 - Duties#

Enforce the provisions of the current adopted International Building Code, and the current adopted Subdivision Ordinance.

Inspect all buildings, structures, ditches, signs, fences, and objects to determine their safety and effect on the persons who are in the Town.

Review all building permit applications for new construction or substantial improvements to determine whether proposed building site will be reasonably safe from flooding. If a proposed building site is in a location that has a flood hazard, or any proposed new construction must:

NOT be allowed to build in the 100 year floodplain with the exception of outbuildings. Outbuildings are defined as unoccupied.

Use construction materials and utility equipment that are resistant to flood damage.

Use construction methods and practices that will minimize flood damage.

Review subdivision proposals and other proposed new developments to assure that:

All such proposals are consistent with the need to minimize flood damage;

All public utilities and facilities, such as electrical and water systems are located, elevated and constructed to minimize or eliminate or eliminate flood damage; and

Adequate drainage is provided so as to reduce exposure to flood hazard.

Require new or replacement water supply systems and/or sanitary sewage systems to be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and require on-site waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding.

2.18 - Historic Preservation Commission#

2.18.010 - Purpose#

Virgin Town recognizes that the historical heritage of the community is among its most valued and important assets. It is therefore the intent of Virgin to identify, preserve, protect and enhance historic buildings, structures, sites, objects, and districts lying within the Town limits of Virgin Town.

2.18.020 - Historic Preservation Commission#

A Historic Preservation Commission is hereby established by Virgin Town with the following provisions: A.

The Commission shall consist of a minimum of five members with a demonstrated interest, competence, or knowledge in historic preservation, appointed by the Town Council for terms of at least two years, but not more than 4 years.

To the extent available in the community, two Commission members shall be professionals, as defined by National Park Service regulations, from the disciplines of history, archaeology, planning, architecture or architectural history.

To the extent available in the community, one Commission member shall be a town citizen with roots in Virgin Town.

The Commission shall meet at least twice each year and conduct business in accordance with the Open Public Meeting laws of Utah. This includes public notification of meeting place, time and agenda items.

Written minutes of each Commission meeting shall be prepared and made available for public inspection.

When situations covered by VMC 2.18.040 Subsection C,2 and VMC 2.18.050 Subsection D occur, the Commission shall meet more frequently so as not to delay the project.

2.18.030 - Commission Duties#

The Historic Preservation Commission shall have the following duties: A.

Survey and Inventory Community Historic Resources. The Historic Preservation Commission shall conduct or cause to be conducted a survey of the historic, architectural, and archaeological resources within the community. The survey shall be compatible with the Utah Inventory of Historic and Archaeological Sites. Survey and inventory documents shall be maintained and shall be open to the public. The survey shall be updated at least every ten years.

Review Proposed Nominations to the National Register of Historic Places. The Historic Preservation Commission shall review and comment to the State Historic Preservation Officer on all proposed National Register nominations for properties within the boundaries of Virgin Town. When the Historic Preservation Commission considers a National Register nomination which is normally evaluated by professionals in a specific discipline and that discipline is not represented on the Commission, the Commission shall seek expertise in that area before rendering its decision.

Provide Advice and Information.

The Historic Preservation Commission shall act in an advisory role to other officials and departments of government regarding the identification and protection of local historic and archaeological resources.

The Historic Preservation Commission shall work toward the continuing education of citizens regarding historic preservation and community history.

Oversee/Assist in the maintenance and rehabilitation of Town-owned historic buildings and sites.

Apply for and administer grants and other financial aid for historic preservation projects in the Town.

Enforcement of State Historic Preservation Laws. The Commission shall support the enforcement of all state laws relating to historic preservation. These include, but are not limited to: Utah Code Annotated 9-8-305, 307, and 308 regarding the protection of Utah antiquities; and Utah Code Annotated 9-8-404 regarding notification of the State Historic Preservation Office of any known proposed action which will destroy or affect a site, building or object owned by the State of Utah and included on or eligible for the State or National Registers.

2.18.040 - Virgin Historic Sites List#

The Historic Preservation Commission may designate historic properties to the Historic Sites List as a means of providing recognition to and encouraging the preservation of historic properties in the community. A.

Criteria for Designating Properties to the Virgin Historic Sites List. Any district, building, structure, object or site may be designated to the Historic Sites List if it meets all the criteria outlined below:

It is located within the official boundaries of the Town.

It is at least 50 years old.

It retains its historic integrity, in that there are no major alterations or additions that have obscured or destroyed the significant historic features. Major alterations that would destroy the historic integrity include, but are not limited to, changes in pitch of the main roof, enlargement or enclosure of windows on the principal facades, addition of upper stories or the removal of original upper stories, covering the exterior walls with non-historic materials, moving the resource from its original location to one that is dissimilar to the original, additions which significantly detract from or obscure the original form and appearance of the house when viewed from the public way.

If the property does not meet the integrity requirements outlined in Subsection 3.a, it may still qualify for designation if it meets one of the following requirements for exceptional significance:

(1)

It is directly associated with events of historic significance in the community.

(2)

It is closely associated with the lives of persons who were of historic importance to the community.

(3)

It exhibits significant methods of construction or materials that were used within the historic period.

It has been documented according to the Utah State Historic Preservation Office standards for intensive level surveys (June 1993 version or subsequent revisions) and copies of that documentation have been placed in the local and state historic preservation files.

Designation Procedures. Any person, group, or government agency may nominate a property for listing in the Virgin Historic Sites List. The nomination and listing procedures are as follows:

Completed Intensive Level Survey documentation for each nominated property must be submitted to the Historic Preservation Commission.

The commission will review and consider properly submitted nominations at its next scheduled meeting. The commission will notify the nominating party, either orally or in writing, one week prior to the meeting that the nomination will be considered and will place that item on the agenda posted for the meeting. The one-week notification may be waived at the nominating partis option in order to accommodate "last-minute II submittals.

The Historic Preservation Commission will review the documentation for completeness, accuracy and compliance with the "Criteria for Designating Historic Properties to the Virgin Historic Sites List" and will make its decision accordingly.

Results of Designation to the Historic Sites List.

Owners of officially designated historic sites may obtain a historic site certificate from the Historic Preservation Commission. The certificate contains the historic name of the property, the date of designation, and signatures of the mayor and the Historic Preservation Commission chairperson.

If a historic site is to be demolished or extensively altered, efforts will be made to document its physical appearance before that action takes place.

The Town will delay issuing a demolition permit for a maximum of thirty (30) days and will notify a member of the Historic Preservation Commission, which will take responsibility for the documentation.

Documentation will include, at minimum, exterior photographs (both black-and-white and color slides) of all elevations of the historic building. When possible, both exterior and interior measurements of the building will be made in order to provide an accurate floor-plan drawing of the building.

The demolition permit will be issued after thirty (30) days of the initial application whether or not the Commission has documented the building. The permit may be issued earlier if the Commission completes its documentation before the thirty-day deadline.

The documentation will be kept in the Commission's historic site files, which are open to the public.

Removal of Properties from the Historic Sites List. Properties which, in the opinion of the Historic Preservation Commission, no longer meet the criteria for eligibility may be removed from the Historic Sites List after review and consideration by the commission.

2.18.050 - Virgin Historic Landmark Register#

Significant historic properties may be designated to the Historic Landmark Register for the purposes of recognizing their significance and providing incentives and guidelines for their preservation. A.

Criteria for Designating Properties to the Virgin Historic Landmark Register. Any district, building, structure, object or site may be designated to the Historic Landmark Register if it meets the criteria outlined below:

It is located within the official boundaries of the Town.

It is currently listed in the National Register of Historic Places and a copy of the approved National Register form has been placed in the local historic preservation files.

A property not yet listed in the National Register must:

(1)

Retain its historic integrity as defined in Section 4.A.3.a, and

(2)

Meet at least one of the following National Register criteria:

(A)

Associated with events that have made a significant contribution to the broad patterns of our history; or

(B)

Associated with the lives of persons significant in our past; or

(C)

Embody the distinctive characteristics of a type, period, or method of construction or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or

(D)

Have yielded, or may be likely to yield, information important in prehistory or history (archeological sites, for example).

(3)

It has been documented according to the Utah State Historic Preservation Office standards for Intensive Level Surveys (June 1993 version or subsequent revisions) or National Register standards and a copy of that documentation has been placed in the local historic preservation files.

Owner Approval.

Individual properties. The owner of the property must approve the action to designate his/her property to the Historic Landmark Register by submitting to the Commission a written statement to that effect.

Historic districts. A majority (over 50 percent) of the property owners in a proposed historic district must be in favor of the designation or at least not opposed to it. Written objections from over 50 percent of the property owners will constitute lack of approval and will halt the designation process.

Designation Procedures.

Submittal to the Commission of complete Intensive Level Survey or National Register of Historic Places documentation shall initiate the review process.

The Commission shall place properly submitted nominations on the agenda for its next scheduled meeting and shall notify the nominating party and the property owner, either orally or in writing, fourteen (14) days prior to the meeting that the nomination will be considered. The fourteen-day notification period may be waived at the property owner's option. In the case of historic districts, notification of proposed nominations may be made by public notice placed in the local newspaper or posted in a public building.

The Commission shall review the documentation for completeness, accuracy, and compliance with the "Criteria for Designating Properties to the Virgin Historic Landmark Register" and may, by passage of an appropriate resolution, designate properties to the Historic Landmark Register.

Notification and Recording of Designation. Following designation by the Commission, a notice of such shall be mailed to the owners of record together with a copy of this ordinance. In the case of historic district designation, notice of such may be placed in the local newspaper or in a public building rather than mailed to each owner of property in the district. The Commission shall record the Historic Landmark Register status designation with the County Recorder's Office.

Results of Designation to the Historic Landmark Register.

Properties designated to the Historic Landmark Register may receive special consideration in the granting of zoning variances or conditional use permits in order to encourage their preservation.

In the event of rehabilitation of the property, local building officials will consider waiving certain code requirements in accordance with Chapter 34 of the Uniform Building Code (1994 Edition), which deals with historic buildings, and the Uniform Code for Building Conservation, a special code for existing buildings.

Owners of Historic Landmarks may seek assistance from the Historic Preservation Commission in applying for grants or tax credits for rehabilitating their properties.

Proposed exterior work on Historic Landmarks is subject to the review and approval of the Historic Preservation Commission. The purpose of this review is to ensure the preservation of historic properties to the greatest degree possible. This review applies to individually designated Landmark properties or any property, contributing or non-contributing, located in a Landmark-designated historic district. This review applies only to exterior work which requires a building permit, sign permit, or demolition permit.

Applications for building, demolition, or sign permits pertaining to, shall be forwarded by the Building Inspection Department to the Historic Preservation Commission prior to their issuance.

A permit applicant, in order to obtain a permit from the Building Inspections Division, shall file a request for a Certificate of Appropriateness with the Commission on a form furnished by the Commission.

At its next scheduled meeting, the Commission shall review the application and proposed work for compliance with the "Standards for Rehabilitation," hereafter referred to as the "Standards," and any design guidelines adopted by the Commission and Town Council.

(1)

Applicants whose proposed projects comply with the provisions of this Title shall be issued a "Certificate of Historic Appropriateness" within ten (10) days, which authorizes the issuance of the appropriate permit.

(2)

Applicants whose proposed projects are found to be in non-compliance with this Title shall be offered a negotiating period of sixty (60) days, during which time the Commission and applicant shall explore all options for an acceptable solution. These may include the feasibility of modifying the plans, using the historic landmark for alternative purposes, and reselling the property to another party. The Commission may extend the negotiating period an additional sixty (60) days for the purposes described above if deemed necessary to accommodate a potential solution.

(3)

If no solution has been agreed upon at the conclusion of either the initial sixty-day (60) period or the full one hundred twenty-day (120) period the Certificate of Historic Appropriateness will be denied; consequently, the Building Official shall not issue any permits.

Claims of Economic Hardship. The Commission may approve a Certificate of Appropriateness for Rehabilitation or Demolition of a landmark property if the owner has presented substantial evidence demonstrating that unreasonable economic hardship will result from denial of the certificate of appropriateness.

(1)

Economic Hardship Criteria. In order to sustain a claim of unreasonable economic hardship, the Commission may require the owner to provide information to whether the property is capable of producing a reasonable return for the owner.

(2)

Demonstration of economic hardship by the owner shall not be based on conditions resulting from willful or negligent acts by the owner, purchasing the property for substantially more than market value at the time of purchase, failure to perform normal maintenance and repairs, failure to diligently solicit and retain tenants, or failure to provide normal tenant improvements.

An applicant who has been denied any permit by the Building Official, based on the Commission's refusal to issue a Certificate of Historic Appropriateness, may appeal that decision to the Town Council. The appeal must be made on or before thirty (30) days after the Commission's decision.

Removal of Properties from the Historic Landmark Register. Properties which, in the opinion of the Historic Preservation Commission, no longer meet the criteria for eligibility may be removed from the Historic Landmark Register after review and consideration by the Commission.

Enforcement. The provisions of this Section are subject to the enforcement provisions established in the Uniform Building Code, Uniform Code for Building Conservation, or in the Uniform Housing Code as adopted by Virgin Town.

2.18.060 - Standards for Rehabilitation and Design Guidelines#

The following standards and guidelines shall be used by the Historic Preservation Commission in determining the historic appropriateness of any application pertaining to Historic Landmark properties. This includes individually designated Landmark properties and both contributing and non-contributing properties in Landmark-designated historic districts. In approving an application for a Certificate of Appropriateness, the Historic Preservation Commission shall find that the project substantially complies with all of the following standards and guidelines that pertain to the application and that the decision is in the best interest of the Town. A.

Standards for Rehabilitation. These standards are based on the "Secretary of the Interior's Standards for Rehabilitation," which serve as a national and state model for appropriate preservation treatment. The standards are as follows:

A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.

The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.

Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.

Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved.

Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.

Chemical or physical treatments, such-as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.

Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.

New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall e differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.

10.

New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

[For further details see "The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" (1990 or more recent version).]

General Design Guidelines.

Landmark Buildings and Contributing Buildings in Landmark-designated Historic Districts.

Avoid demolition of landmark and contributing buildings. They are a finite resource and cannot be replaced.

Vacant buildings should be weather- and vandal-proofed in order to minimize further deterioration and the threat to public safety.

Rehabilitation work, especially on the exterior and the principal facade, should preserve existing historic features or replace them if absolutely necessary with features and materials known to have existed on the building. Avoid "dressing up" buildings by adding features based on speculation.

Avoid moving buildings whenever possible, especially to create artificial groupings of historic buildings. If buildings must be moved, the new site should be similar to the original site, and the original setback and orientation of the building on the lot should be replicated.

Additions to Landmark and Contributing Buildings and Construction of New Buildings Within an Historic District.

New additions to landmark and contributing buildings should be subordinate to the original building, that is, lower in height, attached to the rear or set back along the side, and subordinate in scale and architectural detailing.

Height, width, setback, roof shape, and the overall scale and massing of new buildings should be compatible with surrounding historic buildings and the overall streetscape.

Materials on at least the primary facade(s) should be similar to original materials on facades of surrounding historic buildings (usually brick, stucco, stone, or wood siding, depending on the specific characteristics of the district).

Architectural details (including wood or metal trim, porches, cornices, arches, window and door features, etc.) should not replicate historic features on surrounding historic buildings.

Window and door openings should be similar in size and orientation (vertical or horizontal) to openings on historic buildings and should take up about the same percentage of the overall facade as those on surrounding historic buildings.

Proportion of Principal Facades. The relationship of the width to the height of the principal elevations shall be in scale with surrounding structures and streetscape. Wider new buildings can be divided into segments that more closely resemble the facade widths of historic buildings.

Roof Shape. The roof shape of a building shall be visually compatible with the surrounding structures and streetscape. Unusual roof shapes, pitches, and colors are discouraged.

2.20 - Fire Department#

2.20.020 - Fire Department Chief#

Qualifications for Chief of the Fire Department shall possess the following attributes and qualifications:

Be a United States Citizen;

Be at least eighteen (18) years old at the time of appointment;

Be a high school graduate or furnish evidence of successful completion of an examination indicating an equivalent achievement;

Have demonstrated good moral character; and agree to random drug testing;

Be free of any physical, emotional or mental condition that might adversely affect the performance of his duties as Chief of the Fire Department;

Have successfully completed Utah Fire Academy Training, equivalency from another state, or have the opportunity to obtain the necessary training in (12) twelve months as prescribed by Utah Code Annotated Section 53-7-201 et seq. (1953, as amended) and other applicable Utah laws and have provided evidence of successful completion;

Complete annual certified training in fire fighting, prevention, investigation or similar training; and

Attain or complete such other attributes or qualifications as the Mayor and Town Council may from time to time impose.

The office of Chief of the Fire Department shall be filled by appointment of the Mayor with the advice and consent of the Town Council. The Chief of the Fire Department shall act under the direction, supervision and control of the Mayor. The Chief of the Fire Department shall serve at the pleasure of and may be removed by the Mayor and Town Council.

The position of Chief of the Fire Department shall be classified as prescribed in the Town's agreement for fire protection services with the City of Hurricane, Utah, or as subsequently changed or amended by the Town Council and determined by contract. The Chief of the Fire Department shall receive compensation at the rate and in a form prescribed in the Town's agreement for fire protection services with the City of Hurricane, Utah, or as subsequently changed or amended by the Town Council and determined by contract.

2.20.030 - Powers and Duties of the Chief#

The powers and duties of the Chief of the Fire Department shall perform such duties as specified in this Section, or such other ordinances or resolutions as specified by the Town Council. Specifically, the powers and duties of the Chief of the Fire Department shall be: A.

To abate, prevent and investigate the causes of fires within the Town.

As the head of the Town's Fire Department, to supervise and have charge of those providing fire fighting, emergency medical and other related services to the Town. If one or more of these public safety services are provided by way of a contract with another local government, the Chief of the Fire Department shall act as liaison with such service provider in respect to the service. As head of the Fire Department, the Chief of the Fire Department shall also prepare and submit a proposed annual budget for the Fire Department to the Town Clerk for inclusion in the overall Town budget, and shall be responsible for the administration of the Department's budget upon adoption.

To discharge any other duties specified by statute or imposed by the mayor and Town Council.

2.20.040 - Volunteer Firefighters#

The volunteer firefighters and emergency medical personnel shall possess the attributes and qualifications listed below. Volunteer firefighters and emergency medical personnel shall be appointed by the Mayor in consultation with the Chief of the Fire Department, and shall serve under the direction of the Chief of the Fire Department.

Be a United States citizen;

Be at least eighteen (18) years old at the time of appointment;

Be a high school graduate or furnish evidence of successful completion of examination indicating an equivalent achievement;

Have demonstrated good moral character; and agree to random drug testing;

Be free of any physical, emotional or mental condition that might adversely affect the performance of his duties as a firefighter or emergency medical officer;

Have successfully completed the Utah Fire Academy Training equivalency from another state, or have the opportunity to obtain the necessary training in (12) twelve months as prescribed by Utah Code Annotated Section 53-7-201 et seq. (1953, as amended) and other applicable Utah laws and have provided evidence of successful completion;

Complete annual certified training or similar training; and

Attain or complete such other attributes or qualifications as the Chief of the Fire Department, Mayor and Town Council may from time to time impose.

Firefighters and emergency medical personnel shall act under the direction of the Chief of the Fire Department, and shall at all times have the authority to abate, prevent or investigate the causes of fires as individually trained and qualified, and/or provide emergency medical services as individually trained and qualified, and perform all duties required of them by ordinance, resolution, or the direction of the Chief of the Fire Department with consent of the Mayor and Town Council.