Kane County Unincorporated
City Zoning Code

The statutory authority for enacting this chapter is Utah State Code sections 17-27a-301 and 17-53-223. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

The purpose of this chapter is to establish a Countywide Planning Commission required by Utah State Code section 17-27a-301 et al., as amended. The chapter defines the number and terms of the members, the mode of appointment, the procedures for filling vacancies and removal from office, rules of procedure and other details relating to the organization and procedures of the Planning Commission. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

The Board of Commissioners of Kane County is statutorily authorized to create a Planning Commission to be known as the Kane County Planning Commission. One member of the Board of Commissioners shall be designated by the Board of Commissioners as a nonvoting, ex officio member of the Planning Commission. Each of the other seven (7) members of the Planning Commission shall be residents of Kane County and owners of real property in Kane County and at least four (4) of which own property situated in the unincorporated portion thereof. (Ord. O-2019-4, 3-25-2019)

The term of appointed members of the Kane County Planning Commission shall be four (4) years and until their respective successors have been appointed. Members of the first planning commissions shall be appointed so that, for each commission, the terms of at least one member and no more than two (2) members expire each year. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

The Board of Kane County Commissioners shall provide for the filling of vacancies in the membership of the Planning Commission and for the removal of a member for failure to carry out, meet the requirements of or fulfill duties as promised or misconduct.

   A.   More than two (2) unexcused absences during a twelve (12) month period may be grounds for dismissal from the commission. If an emergency arises, notice should be given to staff to ensure a quorum will be present, and to avoid excess cost and effort involved with the Land Use application process. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013; amd. Ord. O-2025-08, 4-22-2025)

The members of the Kane County Planning Commission shall serve without compensation, except that the Kane County Board of Commissioners shall provide for reimbursement of the members of the Planning Commission for actual expenses incurred, upon presentation of proper receipts, vouchers, and mileage reports. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

The Kane County Planning Commission shall elect from its appointed members, a Chair, and Vice Chair whose term shall be for one year and the Planning Commission may create and fill other such positions/offices as it may deem necessary. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

The Kane County Planning Commission shall adopt such rules and regulations governing its procedure as it may consider necessary or advisable, and shall keep a record of its proceedings, which record shall be open to inspection by the public at all reasonable times.

Kane County desires that the Kane County Planning Commission conduct meetings in an orderly manner, promote civil discourse, and require ethical behavior; and whereas, Utah State Code section 17-27a-301 et al., as amended, requires that the County by ordinance establish the rules of order and procedure for use by the Planning Commission in a public meeting the following has been adopted:

   A.   Meetings of the Kane County Planning Commission shall be conducted in general accordance with "Robert's Modified Rules of Order" as further modified by the Planning Commission.

   B.   Members of the Kane County Planning Commission are expected to conduct the business of the County in an ethical manner and in accordance with the Open and Public Meetings Act.

   C.   Members of the Kane County Planning Commission, members of the public and applicants shall behave in a civil and polite manner during meetings. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

A quorum shall consist of four (4) members. Evidence shall not be presented unless a quorum is present. A majority vote shall be constituted of at least a majority of members present. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

The Kane County Planning Commission shall have the power and authority to employ experts and staff and to pay such expenses as may be deemed reasonable and necessary for carrying out its responsibilities, upon presentation of proper receipts and vouchers, but not in excess of such sums as may be appropriated by the Kane County Board of Commissioners.

(Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

   A.   Definitions: The following definitions apply to this section. All other words shall carry their normal and natural meaning.

   ELECTRONIC MEANS: Any system or combination of systems reasonably available to County staff to operate, including telephone, video conferencing platforms (such as Google Meet), or other electronic systems, which allow one or more planning commissioners to participate in a meeting and which permit all planning commissioners to adequately hear each other, and allow the public to attend, monitor, and, if permitted, participate in the meeting.

   B.   Intent: The intent of this section is to:

      1.   Allow the greatest reasonable flexibility for Planning Commissioners to participate in meetings by electronic means;

      2.   Allow the public to attend and participate in open meetings where appropriate; and

      3.   Ensure full compliance with the Act.

   C.   Planning Commissioner Participation: Any Planning Commissioner may participate by electronic means at any meeting of the Board by providing reasonable advance notice to the Land Use Administrative Assistant prior to the posting of the agenda.

   D.   Quorum and Voting: Planning Commissioners participating by electronic means shall be counted toward the quorum requirements of the Act. When a vote is taken, a roll call vote shall be used to ensure clear accountability in the minutes.

   E.   Public Participation: The public is invited to attend and monitor all open portions of the meeting at the designated anchor location. Public comment shall be accepted in person or via email.

   F.   Anchor Location and Personnel: For any meeting at which one or more planning commissioners participate by electronic means, the County shall provide adequate personnel and equipment at the anchor location(s) to ensure that the public may attend, monitor, and, if permitted, participate in the meeting. The County will make reasonable efforts to maintain electronic access; however, system availability may be limited during evening hours.

   G.   Public Access to Anchor Location: Each anchor location shall have adequate space to allow interested persons and the public to attend and monitor the open portions of the meeting and, if public comment is accepted, to participate.

   H.   Recording: The Land Use Administrative Assistant shall ensure that all recording and recordkeeping requirements of the Act are met for any meeting at which one or more Commissioners participate electronically.

   I.   Compliance: No Planning Commissioner may participate, and no meeting may be conducted entirely by electronic means, unless the system used is adequate to fully comply with the Act.

(O-2025-30, 10-14-2025)