The regulations hereinafter set forth in this chapter qualify or supplement the zone regulations, as the case may be. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

No required yard or other open space around an existing building, or which is hereafter provided around any building for the purpose of complying with the provisions of this title, shall be considered as providing a yard or open space for any other building. No yard or other required open space on an adjoining lot shall be considered as providing a yard or open space on a lot whereon a building is to be erected or established. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

Every dwelling shall be located and maintained on a lot as defined in this title. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

Any lot under separate ownership from adjacent lots and of record at the time of passage of the land use ordinance, and such lot having a smaller width than required for the zone in which it is located, shall be accepted under the grandfather clause. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

   A.   No fence or wall or other similar structure associated with residential, commercial or manufacturing uses shall be erected in any required front, rear or side yard to a height as stated in the Building Code without first obtaining a building permit. Where there is a difference in the grade of the properties on either side of a fence or wall, the height of the fence or wall shall be measured from average elevation of finished grades of the adjoining properties in question at the fence line, except that no fence need be less than forty two inches (42") in height. No fence shall be constructed that in any way obstructs the view of traffic.

   B.   Kane County reaffirms Utah State Code 4-25-205 in as much as the owner of livestock including dairy animals, poultry, cattle, sheep, swine, horses, ponies, mules or goats, that trespass upon the premises of another person is not liable in a civil action to the owner or occupant of the premises for damage inflicted if the premises that was trespassed is not enclosed by a legal fence at the time the trespass occurs. (Ord. O-2017-4, 6-26-2017)

In all zones which require a front yard, no obstruction to view in excess of two feet (2') in height shall be placed on any corner lot within a triangular area formed by the street property lines and a line connecting them at points forty feet (40') from the intersection of the street lines except a reasonable number of trees pruned high enough to permit unobstructed vision to automobile drivers. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

No space needed to meet the width, yard, area, coverage, parking or other requirements of this title for a lot or building may be sold or leased away from such lot or building. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

Uses of easements and/or rights-of-way shall be permitted in or through any zone for the purpose of serving a permitted or approved conditional use in the same or any zone. Such easements or rights-of-way may be used for uses similar to, but not limited to, the following:

   A.   Roads, streets, highways.

   B.   Railroads, tramways, cableways, and conveyor systems.

   C.   Pipelines for the transmission of water, wastewater, materials, fuels or products.

   D.   Overhead and underground transmission or distribution lines, including poles, towers, and conductors.

   E.   Uses not requiring continuous routes along the ground such as radio, television or microwave relay stations and towers.

   F.   Structures and facilities incidental to the above. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

No parcel of land which has less than the minimum width and area requirements for the zone in which it is located may be cut off from a larger parcel of land for the purpose, whether immediate or future, of selling, building or developing a lot. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

Public or quasi-public utility buildings, when authorized in a zone may be erected to a height greater than the zone height limit by a conditional use permit. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

Height regulations may be increased by a conditional use permit for permitted public, quasi-public, agriculture, manufacturing or industrial uses if approved by the Land Use Authority.

Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, towers, steeples, flagpoles, chimneys, smokestacks, water tanks, windmills, wireless or television masts, theater lofts, silos or similar structures may be erected above the height limits herein prescribed subject to a conditional use permit but no space above the height limit shall be allowed for purposes of providing additional floor space. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

All sewage systems shall comply with the requirements of the Southwest Utah Public Health Department and the application for a building permit shall be accompanied by a certificate of feasibility from said department. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

Solar energy systems located on individual parcels/lots, which are used to supply energy to a principal use or structure on the parcel/lot, shall be allowed in any zone as an accessory use to a principal use or structure. Solar energy systems shall meet the setback and height requirements for an accessory building in the zone in which the system is located. Setbacks shall be measured to the outermost edge of the system nearest the property line. Solar energy systems which are attached to a building shall meet the same setbacks that are required for the building.

Combining many solar panels together is referred to as a "solar array". For large commercial electric utility or industrial applications, hundreds of solar arrays are interconnected to form a large utility. This process would require a conditional use permit as outlined in chapters 15 and 24 of this title. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

The concerns of safety, utility, dark sky protection and aesthetic appearance need not compete. Good modern lighting practices can provide adequate light for safety and utility without excessive glare or light pollution. Careful attention to when, where, and how much nighttime lighting is needed results in better lighting practices, darker skies and reduced energy use and costs. Kane County encourages lighting practices and systems which will: minimize light pollution, glare, and excessive glare; conserve energy and resources while maintaining nighttime safety, utility, security, and productivity; and curtail the degradation of the nighttime visual environment. Any and all new and major addition to land uses, developments and buildings or structures are encouraged to use hooded lighting practices. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

Wherever a front yard is required for a lot facing on a street for which an official map has been recorded, the depth of such front yard shall be measured from the mapped property line facing the street as provided by the official map. (Ord. O-2019-4, 3-25-2019)

Whenever this title refers to a size requirement for a lot or parcel in a given zone, a lot or parcel may be smaller than the actual requirements if the lot or parcel is smaller: a) because it is a conforming aliquot parts parcel resulting from the curvature of the earth or the convergence of township lines recognized in the public land survey system; or b) due to previous survey errors. However, the actual size shall be no smaller than five percent (5%) smaller than the actual size requirement. If other sections of this title conflict with this section, the least restrictive section shall apply. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

RETAIL TOBACCO SPECIALTY BUSINESS: Has the same meaning as defined in Utah code section 17-50-333(1)(b), as amended: a commercial establishment in which:

   A.   The sale of tobacco products accounts for more than thirty five percent (35%) of the total annual gross receipts for the establishment;

   B.   Food and beverage products, excluding gasoline sales, is less than forty five percent (45%) of the total annual gross receipts for the establishment; and

   C.   The establishment is not a licensed pharmacy under Utah code.

TOBACCO PARAPHERNALIA: Defined in Utah code section 76-10-104.1(1)(b), as amended, means any equipment, product, or material of any kind which is used, intended for use, or designed for use to package, repackage, store, contain, conceal, ingest, inhale, or otherwise introduce a cigar, cigarette, or tobacco in any form into the human body, excluding matches or lighters but including:

   A.   Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

   B.   Water pipes;

   C.   Carburetion tubes and devices;

   D.   Smoking and carburetion masks;

   E.   Roach clips: meaning objects used to hold burning material, such as a cigarette, that has become too small or too short to be held in the hand;

   F.   Chamber pipes;

   G.   Carburetor pipes;

   H.   Electric pipes;

   I.   Air driven pipes;

   J.   Chillums;

   K.   Bongs; and

   L.   Ice pipes or chillers.

TOBACCO PRODUCT: Is defined in Utah code section 17-50-333(c), as amended, to mean any cigar, cigarette, or electronic cigarette, as well as any product made of or containing tobacco, including chewing tobacco or any substitute for a tobacco product, including flavor or additives to tobacco. "Tobacco product" also includes tobacco paraphernalia. (Ord. 2013-6, 8-12-2013, eff. 8-27-2013)

   A.   The establishment and/or operation of a retail tobacco specialty business is prohibited in all unincorporated areas of Kane County.

   B.   Kane County shall not issue a business license to any retail tobacco specialty business for use in any zone.

   C.   The use of a properly obtained business license for the operation of a retail tobacco specialty business in any zone in Kane County is prohibited. (Ord. 2013-6, 8-12-2013, eff. 8-27-2013)

   A.   Utah State Code 4-41a-101-4 through 4-41a-802 Cannabis Production Establishments, is adopted.

   B.   An applicant will operate a cannabis production establishment no less than twelve and a half (12.5) miles, measured as the crow files, from any community location, which means a public or private school, a church, a public library, a public playground, or park.

   C.   The establishment shall have a seven (7) foot high fence topped with razor wire. (Ord. O-2019-25, 9-24-2019; amd. Ord. O-2020-02, 1-28-2020; Ord. 2020- 22, 10-27-2020)

   A.   The production or manufacturing of cannabis, marijuana, or hemp is not allowed in any zone without appropriate state licenses in place prior to beginning production or manufacturing.

   B.   Industrial hemp, medical cannabis, and cannabis production establishment are not allowed in any zone other than Agricultural.

   C.   Nothing in this title regarding the regulation of hemp or industrial hemp shall be construed to further limit the otherwise legal use or operation of a cannabis production establishment.

   D.   Industrial hemp shall not be grown within twelve and a half (12.5) miles, measured as the crow files, from any community location, which means a public or private school, a church, a public library, a public playground, or park. (Ord. O-2020-02, 1-28-2020; Ord. 2020-22, 10-27-2020)

In accordance with Utah Code § 17-27a-1104, it is not feasible to operate a Large CAFO-Heavy in the unincorporated areas of Kane County due to the population density relative to the amount of private land. Large CAFO-Heavy is not allowed in any zone.

Large CAFO-Light, in addition to any other regulation of Title 9, is only allowed in areas designated on the approved Large CAFO Overlay Zone Map. (Ord. O-2021-21, 11-23-2021)