Kane County Unincorporated
City Zoning Code

CHAPTER 22

PERFORMANCE STANDARDS

9-22-1: PURPOSE:

To permit potential nuisances from industrial or other uses to be measured factually and objectively in terms of the potential nuisance itself; to ensure that all uses will provide necessary control methods for protection from hazards and nuisances which can be prevented by modern processes of control and nuisance elimination; to protect any use from arbitrary exclusion based solely on the characteristics of uncontrolled production in this type of use in the past. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

9-22-2: GENERAL PROVISIONS:

A. No land or building in any zone shall be used or occupied in any manner so as to create dangerous, injurious, noxious or otherwise objectionable fire, explosive, or other hazard; noise or vibration, smoke, dust, odor, or other form of air pollution; heat, cold, dampness, glare, electrical or other disturbance; liquid or solid refuse or wastes; or other substance, condition or element in such a manner or in such an amount as to affect adversely the surrounding area or adjoining premises. The foregoing is hereinafter referred to as "dangerous or objectionable elements". No use shall be undertaken or maintained unless it conforms to the regulations of this chapter in addition to the regulations set forth for the district in which such use is situated. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013; amd. Ord. O-2019-13, 6-11-2019)

B. Any improvements to be made within a subdivision such as, but not limited to: roads, water, fire suppression water, power, septic/sewer, and drainage system shall first be approved by the Land Use Authority before any work can begin. The owner and/or owner's agent will be required to submit a Developers Subdivision Application and complete the subdivision approval process. All subdivision requirements and standards can be found in chapter 21, articles A through I of this title. Any owner and/or owner's agent found in violation of this section shall be guilty of a Class C misdemeanor upon conviction, punishable by a fine, injunction, mandamus, abatement, merger of title, civil penalty, or any other remedy provided by law. (Ord. O-2019-13, 6-11-2019)

9-22-3: PERFORMANCE STANDARDS PROCEDURE:

The Zoning and/or Land Use Administrator or County Engineer may require performance standards review for compliance of any use in any zone when there is reason to believe that such use or the manner of its operation will not or may not conform to the performance standards adopted by Kane County, to include, but not limited to, “Kane County Construction Design Standards”, Federal, State and local EPA standards, ICC Codes, etc.

(Ord. 2013-5, 8-12-2013, eff. 8-27-2013; amd. Ord. O-2022-07, 2-22-2022; Ord. O-2025-27, 9-16-2025)

9-22-4: COMMERCIAL PERFORMANCE STANDARDS AND PROCEDURES:

A. All commercial developments shall comply with the Kane County Construction Design Standards for Roads.

B. Service stations, roadside stands, public parking lots and other businesses requiring motor vehicle access shall meet the requirements as prescribed in the Utah State Department of Transportation’s manual entitled “Regulations for the Control and Protection of State Highway Rights-of-Way” where such access is on a Utah Department of Transportation right-of-way.