This chapter is intended to:

1.

Support the goals of the Kamas City General Plan.

2.

Protect and promote public safety, health, and general welfare by providing adequate lighting, clean air, water and sewage control, and fire protection.

3.

Protect private property rights.

4.

To provide adequate open space for light and air, to prevent overcrowding of the land, and to avoid congestion on the streets.

5.

Encourage innovation in residential development and redevelopment.

6.

All perpetual open space created by development or redevelopment must be deeded as such.

7.

Preserve the character and stability of neighborhoods and conserve property values by encouraging the most appropriate uses of land within zoning districts.

8.

Prevent substandard development, waste, inefficient use of land and resources, and danger and congestion in travel and transportation.

9.

Foster convenient, compatible and efficient relationships among land uses.

10.

Require the provision of adequate off-street parking and loading facilities, and promote a safe, effective traffic circulation system.

11.

Regulate and control the division of land.

12.

Protect life and property in areas subject to floods and other natural disasters.

13.

Promote prosperity, peace and good order, comfort and aesthetics of the city and its present and future inhabitants and businesses.

14.

Protect the tax base and property values.

15.

Secure economy in governmental expenditures.

16.

Protect the environment.

17.

Promote the development of a more wholesome, serviceable and attractive city resulting from an orderly, planned use of resources.

(Ord. 2015-04, 11/10/2015)

The provisions of this chapter apply to all land and uses of land within the city. This land use ordinance became effective on March 9, 2010, and may be amended from time to time. Any lot of record is entitled to a building permit in its respective zone provided the structure can meet minimum setback requirements and construction standards for Kamas City.

(Ord. 2015-04, 11/10/2015)

The boundaries of the zoning districts are set forth on a map entitled "Land Use Map of Kamas City" and adopted as part of this section. This map shall be kept by the city recorder and maintained as provided in this section.

1.

Unless otherwise expressly defined on the land use map, zoning district boundary lines are lot lines, section lines, and city limit lines as depicted on the land use map. If uncertainty remains as to the boundary of a zoning district after application of the provisions of this section, the planning commission or city planner and staff will interpret the district boundary.

2.

All amendments to the land use map shall be made by ordinance. The city shall, within a reasonable time after adoption of any such amendment, place the amendment on the land use map.

(Ord. 2015-04, 11/10/2015)

A general description of the land use regulations follows. This description is intended to provide the reader with some guidance using the terms of the land use ordinance and is not a substitute for the standards, criteria, and procedures contained herein.

1.

Land use map. Prior to considering the development or redevelopment of land, an applicant should refer to the official land use map to determine which base zoning and overlay districts correspond to the property. The official land use map is available from the city recorder and/or the city planner.

2.

Land use chapter. Once the applicant has identified the zoning district, the applicant should refer to the section which corresponds to the applicable zoning district(s). Definitions are also found in KMC 15.02. The applicant should next refer to the development standards within the zoning district chapter to determine if the property is adequate in size to accommodate the proposed project. The development standards will determine the building setback from the property lines, minimum lot area (if any), minimum open space, maximum height, density, parking requirements for buildings and uses on the property, etc.

3.

Overlay zone. Some areas earmarked for commercial development or located in sensitive lands are in an overlay zone, as well as in a base-zone. Once the overlay zone has been identified, the applicant should refer to both the base zone chapter and the overlay zone.

4.

Use standards. The applicant should then refer to the use table for the zone. The applicant should first determine if the desired use is allowed in the zone. If the use is allowed as a conditional use, the applicant must apply for and obtain a conditional use permit. Finally, if the use is an existing legal use that is no longer allowed in the zone, and there is a proposal to change or modify a structure associated with the use, the applicant must apply for and obtain a variance from the administrative law judge.

5.

Variances/rezones. If the applicant cannot meet the standards described in this section, the applicant should determine whether there are alternative development options or any exceptions to the general rules that may accommodate the project. If the project does not meet standards and other development alternatives are not possible, then there are two methods available to attempt to vary the standards; the variance process and a petition for rezone.

a.

The variance process is generally used for existing development, or development of a previous, legally created lot. The administrative law judge shall issue a variance upon the applicant's demonstration that the application meets each variance standard detailed in KMC 15.15.050.

b.

A petition for rezone is a request to change the development standards for the property in question. The process for requesting a rezone is detailed in KMC 15.03.010. Rezones are discretionary legislative acts.

6.

Subdivision of land. If the applicant would like to subdivide a piece of property, merge a number of different parcels into one parcel, or re-subdivide, the applicant may need to go through the subdivision process as outlined in KMC 15.18 of this land use ordinance. The purpose of the subdivision process is to ensure that proposed building sites are appropriate for development, to obtain an accurate and permanent record of the separate interests of land that are created by subdivision of land, to apportion the costs of public services and facilities serving the subdivision, to provide assurances to future buyers of land that the subdivider owns the land to be sold, to provide legal and physical access to each lot, and to provide for maintenance of improvements, utilities, and amenities. There are a number of divisions of land to which the subdivision regulations do not apply. The applicant should review these exceptions to determine if the project will be required to complete the subdivision process. There is also an abbreviated process for projects that only require relocation of a lot line between two lots within an existing subdivision.

7.

Meanings and intent. All provisions, terms, phrases and expressions contained in this ordinance shall be construed according to KMC 15.01.010.

8.

Headings, illustrations and text. In case of any difference of meaning or implication between the text of this chapter and any heading, drawing, table, figure, or illustration, the text shall control.

9.

Lists and examples. Unless otherwise specifically indicated, lists of items or examples that use terms such as "including," "such as," or similar language are intended to provide examples not to be exhaustive lists of all possibilities.

10.

Computation of time. References to days are calendar days. Exclude the first day and include the last day. If the last day is a Saturday, Sunday, or holiday observed by Kamas City, that day shall be excluded.

11.

References to other regulations, publications and documents. Whenever reference is made to a resolution, ordinance, statute, regulation, or document, it shall be construed as a reference to the most recent edition of such resolution, ordinance, statute, regulation (as amended) or document, unless otherwise specifically stated.

12.

Technical and non-technical terms. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

13.

Public officials and agencies. All public officials, bodies, and agencies to which references are made are those of Kamas City, unless otherwise indicated.

14.

Mandatory and discretionary terms. The words "shall," "will," and "must" are always mandatory. The words "may" and "should" are advisory and discretionary terms. The words "shall not" are prohibitive.

15.

Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:

a.

"And" indicates that all connected items, conditions, provisions, or events apply; and

b.

"Or" indicates that one or more of the connected items, conditions, provisions, or events may apply.

(Ord. 2015-04, 11/10/2015; Ord. No. 2025-03, § 1 (Exh. A), 2/11/2025)

This land use ordinance is written to harmonize with federal, state and city laws. To the extent a provision of this ordinance conflicts with a federal, state or local law or private contract, the more restrictive provision will control, to the extent permitted by law. Kamas City shall not be responsible for monitoring or enforcing private agreements.

(Ord. 2015-04, 11/10/2015)

The Kamas City Planner shall have the power to interpret the provisions of this ordinance, provided that the city staff shall consult with the city attorney concerning legal issues.

(Ord. 2015-04, 11/10/2015)

Kamas City may alter certain private property rights by amending this ordinance from time to time as provided for in KMC 15.03.010.

1.

How rights vest. Certain private property rights shall become fixed at law, and may not be altered for a period of time, upon an applicant's:

a.

Submission of a complete application to develop property that is consistent with this ordinance; and

b.

Payment of all applicable permit fees.

2.

What rights vest. The applicant's rights vest under this ordinance in those rights for which the applicant has applied. For example, if the applicant has applied for a subdivision, and has "vested rights" pursuant to this section, the applicant's rights vest under the subdivision ordinance, and the applicant is entitled to the benefit of the subdivision ordinance in effect at the time of vesting. An applicant's vested rights under the subdivision ordinance, however, do not vest the applicant under an adopted building, fire or plumbing code, because the applicant has not submitted a complete application for the applicable permit, nor paid applicable fees. Applications shall not vest if:

a.

Revisions to this ordinance are pending at the time of application which would prohibit or further condition the approval sought, or

b.

There exists a compelling health, safety or welfare reason.

3.

Preservation of vested rights/compliance with conditions of approval. An applicant with vested rights must comply with and maintain all conditions of final approval to preserve the vested rights. An applicant's failure to meet or maintain conditions of approval constitutes the applicant's knowing and willful waiver of the applicant's vested right.

4.

Applicability of ordinances that are general in nature. The establishment of a vested right shall not preclude the application of city ordinances or regulations that are general in nature, applicable to all property subject to land use regulation, and necessary to preserve the health, safety or welfare of the community.

(Ord. 2015-04, 11/10/2015)

1.

Violations continue. Any violation of the previous land use ordinance will continue to be a violation under this land use ordinance and will be subject to penalties and enforcement under KMC 15.03, unless the use, development, construction, or other activity complies with the provisions of this ordinance.

2.

Legal nonconformities. Any legal nonconforming use under the previous zoning ordinance or created by the adoption of this land use ordinance will be a legal nonconforming use under this ordinance. If a legal nonconforming use or structure under the previous zoning ordinance becomes conforming because of the adoption of this ordinance, then the nonconformity expires. A legal nonconforming use will become an illegal nonconforming use if the use lapses for six consecutive months.

3.

Approved projects and existing lots. The provisions of this land use ordinance shall affect approved projects and existing lots as follows:

a.

Use permits, variances, architectural or design approvals, subdivided lots, subdivision maps and planned unit developments, which are valid on March 9, 2010, shall remain valid until their expiration date. Projects with valid approvals or permits may be constructed as approved, provided that the permit or project approval is valid and has not lapsed. Any change in the use or occupation of such land shall be made in accordance with the amended provisions of this ordinance.

b.

No provision of this ordinance shall require any change in the plans, construction, or designated use of any structure for which a building permit has been issued prior to March 9, 2010.

4.

Vested rights/applications in progress/reapplication. An applicant with rights vested before March 9, 2010 may opt for review wholly under the terms of the previous zoning ordinance or under this land use ordinance. Any re-application for a permit that has expired must comply with the standards in effect at the time of re-application. Projects for which no application has been submitted and accepted as complete prior to March 9, 2010 shall be subject to all requirements and standards of this ordinance.

5.

Exactions. Kamas City may impose an exaction(s) on proposed land use development if:

a.

An essential link exists between a legitimate governmental interest and each exaction; and

b.

Each exaction is roughly proportionate, both in nature and extent, to the impact of the proposed development.

(Ord. 2015-04, 11/10/2015)