A conditional use, because of its unique characteristics or potential impact on the County, surrounding neighbors or adjacent land uses, may not be compatible in some areas of Kane County, Utah, or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

An approved conditional use permit shall be required for each conditional use listed in this title. No building permit, other permit or license shall be issued for a conditional use by any officer or employee of Kane County unless a conditional use permit shall have been approved by the Kane County Land Use Authority.

   A.   Application: Application for a conditional use permit shall be made at the Office of the Kane County Land Use Authority on forms provided for that purpose. Return the completed application to the Land Use Authority Administrator twenty one (21) calendar days prior to the next scheduled Planning Commission meeting. The Administrator will schedule the conditional use permit request on the Planning Commission's agenda. In the event that the conditional use permit application is for residential CUP, the Land Use Administrator may process and approve or deny the application internally.

   B.   Development Plan: The applicant for a conditional use permit shall prepare a site plan of the proposed buildings, fences, landscaping, automobile parking and loading areas, and any other information the Land Use Authority may deem necessary.

   C.   Fee: The application for any conditional use permit shall be accompanied by the appropriate fee as determined by the Board of County Commissioners. In the event additional engineering costs are accrued by the County related to a specific project the project applicant will be responsible for all additional engineering fees.

   D.   Hearing: A public hearing need not be held; however, a hearing may be held when the Land Use Authority shall deem a hearing to be necessary to serve the public interest.

   E.   Land Use Authority Action: The Land Use Authority shall approve a conditional use permit if conditions can be imposed to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with applicable standards. In approving any conditional use permit, the Land Use Authority may impose conditions deemed necessary to protect the public welfare, ensure compatibility with other uses in the vicinity, and ensure that the negative impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions may include the following:

      1.   Assurance that the use will not be detrimental to the health, safety, comfort, order, or general welfare of persons residing or working in the vicinity;

      2.   Assurance the use will:

         a.   Comply with the intent, spirit and regulations of this title and Kane County General Plan;

         b.   Make the use harmonious with other neighboring uses in that zone;

      3.   The site size, dimensions, location, topography and access are adequate for the needs of the proposed use, considering the proposed building mass, parking, traffic, noise, vibration, exhaust/emissions, light, glare, erosion, odor, dust, visibility, safety, and aesthetic considerations;

      4.   Evidence that all required public facilities have adequate capacity to serve the proposed conditional use;

      5.   Limiting the hours, days, place and/or manner of operation;

      6.   Requiring size or architectural design features which minimize environmental impacts such as noise, vibration, exhaust/emissions, glare, erosion, odor and/or dust;

      7.   Requiring larger setback areas, lot area, and/or lot depth or width;

      8.   Limiting the building height size or lot coverage, and/or location on the site;

      9.   Designating the size, number, location and/or design of vehicle access points or parking areas;

      10.   Requiring street right-of-way to be dedicated and street(s), sidewalks, curbs, planting strips, pathways, or trails to be improved provided that:

         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;

      11.   Requiring landscaping, screening, drainage, water quality facilities and/or improvements of parking and loading areas;

      12.   Limiting the number, size, location, height and/or lighting of signs;

      13.   Limiting or setting standards for the location, design, and/or intensity of outdoor lighting;

      14.   Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance;

      15.   Requiring and designating the size, height, location and/or materials for fences;

      16.   Encouraging the protection and preservation of natural features including existing trees, soils, vegetation, watercourses, habitat areas, drainage areas, historic resources, slopes, cultural resources, and/or sensitive lands;

      17.   Requiring the protection and preservation of groundwater recharge areas;

      18.   Limiting noise generation;

      19.   Minimizing environmental impacts to identified wetlands, wildlife habitat, air and water quality, cultural resources, and scenic qualities;

      20.   Requiring turn lane improvements at street intersections when:

         a.   An unsafe condition would be created by the development without the improvements; or

         b.   The projected increase in traffic generated by the new or expanded use will lower the level of service;

      21.   Providing for emergency access;

      22.   Requiring pedestrian, bicycle and transit circulation, including related facilities, as needed among buildings and related uses on the development site, as well as to adjacent and nearby residential areas, transit stops, neighborhood activity centers, office parks, and industrial parks;

      23.   Requiring approval of septic and of water systems;

      24.   Requiring buildings to be built to specific requirements;

      25.   Cell tower fall zone conditions and setbacks: The minimum lot area for such uses will include all lands within the circumference of the fall zone. If the fall zone requirements cannot be met, they can be mitigated by a hold harmless agreement with the surrounding property owners, the radius of which shall be the height of the tower. All cell towers must adhere to the zone setback requirements;

      26.   Recreation vehicle parks, campground/glamp-ground: a) business license required; b) Transient Room Taxes required; c) the use must be consistent with the environmental, commercial, and economical land use purposes stated in the General Plan, as amended; d) an official site plan that clearly demonstrates that the park will not cause unreasonable risks to the safety of persons or property because of vehicular traffic or parking, or other similar unreasonable risks; the existence or need for dedicated turn lanes, pedestrian access, and capacity of the existing streets shall be reviewed; e) RV parks and campgrounds/glamping sites must have State and/or County approved access off a State highway, County B or D road, BLM road or, if off a private road, roads will meet Wild Land Urban Interface Code standards and will require a road maintenance agreement between property owners and easement holders memorializing the mutual understanding that an increased use to the road will result and that proof of easements to property would be required; f) Health Department permit required if over forty (40) RV sites; the Department of Environmental Quality permit is also required for water and waste; g) must comply with Building Department and building permit regulations; h) on-site manager for RV parks and campgrounds; unless the campground is considered a primitive campground; i) requirements for the management and maintenance of facilities is adequate; j) the use shall not result in a situation which will create a need for essential services which cannot be reasonably met by local service providers, including roads and access for emergency vehicles and residents; fire protection; police protection; schools and school busing; drinkable water; sewer; storm drainage; and garbage removal; k) feasibility letters required for services extended to the RV parks and campgrounds to mitigate traffic safety conditions as to not adversely affect the use and surrounding areas; l) emergency access is adequate; m) a plan for fencing, screening, and landscaping to separate the use from adjoining uses and mitigate the potential for conflict in uses is adequate; n) exterior lighting is adequate and does not unduly disturb the surrounding areas; o) exceptions include rural unimproved subdivisions that can only be used for agricultural purposes as defined in Utah State Code 59-2-502;

As part of approving a conditional use permit, Kane County may require that a Traffic Impact Study (TIS) be completed for any development projects where it is deemed necessary. The traffic study shall, at a minimum, incorporate traffic engineering principles and standards as presented in national practices. Additional requirements and investigation may be imposed upon the applicant as necessary. The County shall determine the need and requirements for a traffic impact study. The requirements of the TIS may be expanded, reduced, or altered by the County based on the proposed project being analyzed.

      27.   The conditions in subsection E.26. of this section apply for glamp-grounds;

      28.   The conditions in subsection E.26. of this section apply for campgrounds.

   F.   Findings: In approving a conditional use permit, the Land Use Authority shall find:

      1.   That the proposed use is necessary or desirable and will contribute to the general well being of the community;

      2.   That the use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to the property or improvements in the vicinity;

      3.   That the proposed use is in harmony with the intent of the General Plan and the zone in which it is located. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013; amd. Ord. O-2016-4, 10-15-2018; Ord. O-2017-16, 1-8-2018; Ord. O-2018-21, 11-26-20182; Ord. O-2019-4, 3-25-2019; Ord. O-2022-01, 1-25-2022; Ord. O-2022-12, 3-22-2022; Ord. O-2022-25, 5-24-2022; Ord. O-2022-60, 11-22-2022; Ord. O-2023-31, 9-26-2023)

Appeal of any decision of the Land Use Authority shall be to the Appeal Authority. Appeal shall be in writing and shall be filed at the Office of the Land Use Authority not more than thirty (30) days after the written decision by the Land Use Authority. The Appeal Authority may affirm, modify or reverse the decision of the Land Use Authority. However, the Appeal Authority shall present, in writing, the reasons for its action. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

The building official/Land Use Administrator shall inspect the conditional use during the course of construction to ensure that it complies with the conditions of the permit. (Ord. O-2018-6, 7-9-2018)

Action authorized by a conditional use permit must commence within one year of the time the permit is issued. If the permit holder has not commenced action under the permit within this time, the permit shall expire and the holder must apply for a new permit. The Land Use Authority may grant an extension for good cause shown which would require amending the original conditional use permit and going before the Planning Commission for approval. (Ord. O-2016-4, 10-15-2018)

No use or structure in which a conditional use is located may expand without the approval of the Kane County Land Use Authority. Before expanding, the applicant shall present to the Kane County Land Use Authority a development plan. No public hearing need be held. However, the Kane County Land Use Authority may deem a hearing necessary. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

A conditional use permit may be revoked upon failure to comply with the conditions imposed with the original approval of the permit and upon failure to comply with all local, State, and Federal laws, including remaining current on Property Tax payments. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

The purpose of this article is to provide for a temporary use permit and standards for the permitting process for nonpermanent uses in order to protect the health, safety and general welfare of the public and surrounding zones and to avoid uses which will be detrimental to adjacent properties. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

Unless otherwise stated in this title, temporary activities shall be allowed upon the issuance of a temporary use permit by the land use authority. The land use authority may issue a temporary use permit after the applicant has provided the following information:

   A.   A description of the proposed temporary use, the proposed beginning and ending dates, and the proposed hours of operation.

   B.   A description of the property to be used for the temporary use, including the location of the use in relation to other buildings, and the location of streets to be used for access.

   C.   Sufficient information to determine that adequate provisions for trash disposal and sanitary facilities shall be provided.

   D.   Additional information required by the land use authority in order to ensure surrounding land uses are not negatively impacted by the temporary use.

   E.   Any provision set forth in the conditional use permit process that may be deemed necessary for a temporary use. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

The applicant of a temporary use permit shall demonstrate that the considerations listed below have been addressed. If an application is denied, the denial shall specify which of these considerations, if any, were not addressed to the satisfaction of the land use authority:

   A.   Circulation: The effect on local traffic and the location of access points to the property.

   B.   Adjacent Property: The effects of the proposed use on nearby property, including, but not limited to, the effects of noise, glare, odor, and traffic.

   C.   Refuse And Service Areas: The amount of refuse and service areas (garbage receptacles and bathrooms) necessary for the proposed use, the location of the refuse and service areas, and a plan for adequate maintenance of the areas.

   D.   Utilities: Location and availability of utilities.

   E.   Screening And Landscaping: Installation of screening and fencing where necessary to protect adjacent property.

   F.   Compatibility: The level of general compatibility with nearby properties and the appropriateness of the use in relationship to other properties.

   G.   Other Factors: Any other review factors which the land use authority considers to be appropriate to the property in question. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

The land use authority may approve, approve with additional requirements or deny a temporary use permit application. If additional requirements are deemed appropriate, the land use authority may place requirements on the temporary use as part of the approval to assure that adequate mitigation measures are associated with the use. The requirements shall become part of the temporary use permit approval. Violations of any of the requirements shall be treated in the same manner as other violations of this title. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

Temporary asphalt or concrete batching plants may be approved by the land use authority subject to the following additional requirements:

   A.   The batch plant shall not be located within six hundred feet (600') of a residence.

   B.   Hours of operation, defined as any activity that results in producing an asphalt or concrete product, shall be limited to Monday through Friday, beginning one-half (1/2) hour before official sunrise and ending one-half (1/2) hour after official sunset, unless the plant is located more than five thousand feet (5,000') from a residence or a commercial facility.

   C.   The batch plant permit shall be valid for a maximum six (6) month period, unless an extension is approved by the land use authority for a second six (6) month period (maximum of 1 year).

   D.   No portion of the batch plant or its operation shall be located on a public or private street.

   E.   The batch plant shall only furnish concrete, asphalt, or both, to the specific project for which the temporary use permit is issued. The placement of a temporary batching plant for a private project is restricted to the site of the project.

   F.   The temporary plant shall be operated in a manner that minimizes dust, noise and odor to meet the requirements of the Utah state department of environmental quality, including, but not limited to, covering trucks, hoppers, chutes, loading and unloading devices and mixing operation, and maintaining driveways and parking areas free of dust.

   G.   The site must be clear of all equipment, material and debris upon completion of the project.

   H.   All public improvements that are damaged during the operation of the temporary batching plant must be repaired or replaced within thirty (30) calendar days of completion of the project.

   I.   A reclamation bond shall be required sufficient to ensure restoration of the site to original or other substantially beneficial condition consistent with local plans.

   J.   At termination of the permit and/or removal of plant, permittee shall notify the land use administrator. The permittee or its agent shall conduct an inspection with the land use administrator to verify sufficient restoration in compliance with county standards. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

A permit for a temporary field office may be approved by the land use authority under this article under the following requirements:

   A.   The structure or shelter shall be used in connection with an approved development or building project and is located on the site of the project.

   B.   The structure shall be used only as an administrative and supervisory office and/or for sheltering employees and equipment during the construction phase of a project.

   C.   The structure or shelter shall be promptly removed following the completion of the development or project. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

A temporary sales office may be approved by the land use authority, subject to the following additional requirements:

   A.   The sales office is used for the sale of property within a subdivision under construction.

   B.   The sales office is located on land located within the subdivision.

   C.   The sales office is removed within one year of completion of the subdivision construction. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

   A.   Upon application of the landowner, the land use authority may approve a temporary use permit for the occupation of more than two (2) recreational vehicles on one residential property depending upon the size and contour of the property.

   B.   Upon application of the landowner, the land use authority may approve a temporary use permit for the occupation of recreational vehicles on one residential property for a period exceeding six (6) months but not more than nine (9) months in any calendar year. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

An application for a temporary use which has been denied may be resubmitted only if there has been a substantial change in circumstances as determined by the land use administrator. Appeals to all final land use administrator and planning commission decisions shall be made to the appeal authority within thirty (30) days of denial of the temporary use permit. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

   A.   A temporary use permit shall become null and void in the following cases:

      1.   The use for which the permit was approved is terminated.

      2.   The time granted for the use in the approved permit has expired.

      3.   The land use authority or other county agent as assigned finds that the terms of the permit have been violated or that there is a hazard to the public health, safety and welfare.

   B.   The site shall be cleared of all debris at the end of the temporary use. All temporary structures shall be cleared from the site within five (5) days after the use is terminated.

   C.   Temporary use permits granted for on site construction must remove the mobile home or recreational vehicle from the premises and the utilities disconnected within thirty (30) days after the property owner receives a certificate of occupancy for the permanent dwelling. Recreational vehicles may be properly stored on the property. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

Temporary use permits shall expire six (6) months from the date of approval or when the temporary use for which the permit was issued has terminated, whichever is sooner. The land use authority may grant an extension of up to an additional six (6) months for each extension. Unless otherwise stated in this article, no temporary use permit shall extend beyond a maximum of three (3) years. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

The temporary uses listed in this section shall not require a permit but shall be conducted in compliance with the other requirements listed in this article and shall comply with all other state and local laws and ordinances.

   A.   Temporary commercial sales or special events conducted by the owner of the property for a period not exceeding thirty (30) days, including, but not limited to, farmers' markets, Christmas tree sales, garage/yard sales, produce stands. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)