To preserve appropriate areas for permanent and temporary agricultural and open space areas as defined herein. Uses normally and necessarily related to agriculture are permitted as set forth in the use matrix below and uses adverse to the continuance of agricultural activity are discouraged in general and specifically prohibited only as set forth herein. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

   A.   In this chapter are tables describing uses of land or buildings that are allowed in the zone as shown. Permitted uses are indicated by a "P" in the appropriate column. Uses that may be permitted by a conditional use permit issued by the Planning Commission are indicated by a "C" in the appropriate column. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

   B.   All uses listed in the residential uses table shall be allowed in the Agricultural Zone with the appropriate designated use of permitted, conditional or not allowed. If there is a conflict between the designated uses in the Agricultural Zone the most restrictive use shall apply. Exceptions include rural unimproved subdivisions that can only be used for agricultural purposes as defined in Utah State Code 59-2-502. (Ord. O-2019-2, 1-14-2019)

   C.   If a use is not allowed in a given zone it is either not named in the use table or it is indicated in the appropriate column by a dash (-). Any use not named in this table which may be considered harmonious with the zone and current allowed uses can be considered for proposed inclusion into this chapter by the Kane County Planning Commission in a public hearing and approval of the County Commission. (Ord. O-2018-1, 1-12-2018)

   D.   This chapter does not regulate the following:

      1.   Temporary events and activities lasting less than ten (10) days and no more than three (3) times a year on the same property.

      2.   Non-commercial events and activities.

      3.   Events and activities on public lands. (Ord. O-2018-6, 7-9-2018)

 

(Ord. 2013-5, 8-12-2013, eff. 8-27-2013; amd. Ord. 2015-11, 7-27-2015; Ord. 2016-16, 12-12-2016; Ord. O-2017-14, 10-16-2017; Ord. O-2018-1, 1-12-2018; Ord. O-2018-2, 4-9-2018; Ord. O-2018-5, 7-9-2018; Ord. O-2019-2, 1-14-2019; Ord. O-2019-09, 5-14-2019; Ord. O-2019-25, 9-24-2019; Ord. O-2020-02, 1-28-2020; Ord. O-2020-05, 3-23-2020; Ord. 2020-20, 9-22-2020; Ord. 2020-22, 10-27-2020; Ord. O-2021-35, 9-14-2021; Ord. O-2021-38, 10-12-2021; Ord. O-2022-16, 3-22-2022; Ord. O-2022-23, 4-26-2022; Ord. O-2022-25, 5-24-2022; Ord. O-2023-13, 11-28-2023)

 

 

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

   A.   No building, structure or enclosure housing animals or fowl shall be constructed closer than fifty feet (50') to a dwelling on an adjacent lot.

   B.   Accessory buildings located at least ten feet (10') behind the main building may have a three foot (3') side yard requirement except that the street side of a corner lot shall be a minimum of thirty feet (30') for all buildings.

   C.   Accessory building located at least ten feet (10') behind the main building may have a rear yard of three feet (3') provided that a corner lot rearing on a side yard of another lot, the minimum rear yard for all buildings shall be eight feet (8').

   D.   A subdivision of land zoned Agricultural may be approved by the County Commission, upon recommendation from the Planning Commission, as a conforming aliquot parts parcel or lot less than ten (10) acres, but not less than 9.5 acres if necessary to compensate for the curvature of the earth or the convergence of Township lines as recognized in the public land survey system, or because of previous survey errors.

   E.   Dedicated and approved rights-of-way not located within a platted subdivision do not have to be improved at the time of dedication. A dedicated right-of-way will be required to be improved to the standards set forth by the Utah Wildland Urban Interface Code (current edition) prior to a building permit being issued to any parcel required to be served by an all weather surface right-of-way. The right-of-way will have to be improved to a minimum of twenty eight feet (28') wide improved all weather travel surface, prior to a second building permit being issued on a parcel being served by the right-of-way. The owner will be required to submit all invoices associated with the cost of building the road to the County. Any building permits issued within ten (10) years of the date of completion of improvements of the right-of-way will require the property owner to pay a proportionate share of the road construction cost to the property owner who paid the original cost of improvements. The road will be required to be asphalted prior to a development of five (5) acre density, or less, being approved or prior to a building permit being issued which will cause the average daily traffic (ADT) to be above four hundred (400) trips per day or then current standard for very low volume local roads as defined by the American Association of State Highway and Transportation Officials (AASHTO) standards. The improvements may be completed with the development construction.

 

   F.   A conditional use permit shall regulate the size of the glamping unit (such as, but not limited to: tents/covered wagons/tee-pees/tree houses/yurts), not including the foundation, to be no larger than seven hundred and seventy four (774) square feet.

   G.   Campground/glamp-ground (all zones). All structures and amenities within the campground/glamp-ground are to have a minimum setback of one hundred feet (100') from all private property boundary lines or twenty five feet (25') from all public land boundaries.

   H.   Additional conditions for all campgrounds/glamp-grounds can be found in chapter 15, “Conditional And Temporary Uses”, of this title.

   I.   Each parcel of one hundred sixty (160) acres or smaller may contain a maximum of the following: 1) two (2) single-family dwellings; 2) a total of seven (7) structures that are not exempt as described below; and 3) a total maximum coverage of forty percent (40%) of the parcel for non-exempt structures. Additional density will require an approved zone change or PUD. Four (4) temporary structures are the equivalent of one (1) permanent structure. The following structures are exempt from the calculation of density: 1) structures that are exempt from requiring a building permit under Utah Code 15A-1-204(11), namely, a structure used solely in conjunction with agriculture use, and not for human occupancy, or a structure that is no more than one thousand five hundred (1,500) square feet and used solely for the sale of seasonal crops during the harvest season; 2) one (1) story detached accessory structures used as tool and storage sheds, playhousess, and similar uses, less than one hundred twenty (120) square feet in size; 3) water tanks less than five thousand (5,000) gallons; 4) swimming pools less than five thousand (5,000) gallons; 5) swings and other playground equipment accessory to a single-family dwelling; and 6) decks not exceeding two hundred (200) square feet.

   J.   A legal description shall be recorded in the Kane County Recorder’s office for all private cemeteries located in the agriculture zone. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013; amd. Ord. 2013-11, 11-25-2013, eff. 12-10-2013; Ord. O-2018-2, 4-9-2018; Ord. O-2018-5, 7-9-2018; Ord. O-2018-6, 7-9-2018; Ord. O-2019-23, 11-12-2019; Ord. O-2020-01, 1-14-2020; Ord. 2020-20, 9-22-2020; Ord. O-2021-35, 9-14-2021; Ord. O-2022-01, 1-25-2022)

To provide a clear understanding of the process set forth by Utah Code by which property owners conducting agricultural operations on their property can enter into a protection area allowing them certain rights in regards to neighboring property owners who may deem the operation(s) a nuisance. (Ord. O-2023-03, 1-24-2023)

An Agriculture Protection Area Advisory Board is hereby established for Kane County pursuant to Utah code Ann. §17-41-201 to perform the duties set out in § 17-41-201 or any later amendment or enactment of that section. (Ord. O-2023-03, 1-24-2023)

The Board of County Commissioners of Kane County, Utah shall appoint five (5) members to the Agriculture Protection Area Advisory Board established under Section 9-5B-2. The board members shall be appointed by resolution from the Kane County Soil Conservation District, among the members of the board of Supervisors. (Ord. O-2023-03, 1-24-2023)

Each member appointed to the Agriculture Protection Area Advisory Board shall serve on said board until expiration of that member's respective term on the Soil Conservation District Board of Supervisors. By majority vote of the Agricultural Protection Area Advisory Board, the Board of County Commissioners of Kane County may remove and replace any Advisory Board member for cause or for failure to perform the required duties. (Ord. O-2023-03, 1-24-2023)

Any three (3) members of the Agriculture Protection Area Advisory Board shall constitute a quorum of that board. All actions of the Board, except to adjourn a meeting at which there is not a quorum present, must be made in a meeting at which a quorum is present. Any actions of the Agriculture Protection Area Advisory Board must be approved by at least three (3) members of that Board. All meetings shall be conducted in accordance with the Utah Open and Public Meetings act. The Agriculture Protection Area Advisory Board may adopt such additional bylaws, policies, procedures and rules of operation as it deems necessary to govern its affairs, and operate pursuant to statue. (Ord. O-2023-03, 1-24-2023)

Pursuant to Utah Code Ann. §17-41-301(5), or any later amendment or enactment of that section, at least 1 contiguous acre must be included in each agriculture protection area established within Kane County. (Ord. O-2023-03, 1-24-2023)

Any proposals to create agriculture protection areas within Kane County, Utah shall be filed in the office the Kane County Land Use Authority. All proposals must be accompanied by the filing fee established by the Agricultural Protection Area Advisory Board. (Ord. O-2023-03, 1-24-2023)

Kane County continues to grow and increase in economic development. In areas of the county where there is a large amount of land that is zoned agricultural there is very low density and many lands that retain a rural feel along with many traditional agricultural uses. These lands are not suitable to be zoned commercial with the possibility of many varied commercial uses that are much higher in density and come with a much larger impact to the surrounding areas. However, to promote appropriate growth and economic development in these low density rural areas there is a need to allow additional uses beyond what is allowed in the Agricultural Zone. The purpose of the Rural Zone is to allow uses that are similar to the Agricultural Zone but also allow some additional uses for growth and economic development, such as recreation and tourism related uses that are better suited for these rural areas. (Ord. O-2023-03, 1-24-2023)

 

 

(Ord. O-2023-03, 1-24-2023)

A building erected to a height greater than thirty five feet (35') requires a conditional use permit. (Ord. O-2023-03, 1-24-2023)

   A.   Accessory Building Side Yard: Accessory buildings located at least ten feet (10') behind the main building may have a ten foot (10') side yard requirement except that the street side of a corner lot shall be a minimum of thirty feet (30') for all buildings.

   B.   Accessory Building Rear Yard: Accessory building located at least ten feet (10') behind the main building may have a rear yard of ten feet (10') provided that a corner lot rearing on a side yard of another lot, the minimum rear yard for all buildings shall be ten feet (10').

   C.   Water And Sewer: Individual water supply and/or sewage disposal systems shall be subject to the approval of the Department of Health.

   D.   Parking and loading space requirements are regulated in Chapter 13: Parking And Loading Space Requirements.

   E.   Short Term Or Vacation Rental: In the event that there is more than one dwelling on a single lot that may be considered a short term rental or vacation rental as defined in section 9-1-7 of this title, two (2) dwellings may be rented and may be used as a short term rental or vacation rental. (Ord. O-2023-03, 1-24-2023)

   A.   In section 9-5B-6 of this article is a table describing uses of land or buildings that are allowed in the zone as shown. Permitted uses are indicated by a "P" in the appropriate column. Uses that may be permitted by a conditional use permit issued by the land use authority are indicated by a "C" in the appropriate column. If a use is not allowed in a given zone, it is either not named in the use list or it is indicated in the appropriate column by a dash, "-".

   B.   All uses listed in the Agricultural Zone and Residential Zones shall be allowed in the Rural Zones with the appropriate designated use of permitted, conditional or not allowed. If there is a conflict between the designated uses in the Agricultural Zone the most restrictive use shall apply. Exceptions include rural unimproved subdivisions that can only be used for agricultural purposes as defined in Utah State Code 59-2-502.

   C.   Any use not named in this table, which may be considered harmonious with the zone and current allowed uses, can be considered for proposed inclusion into this chapter by the Kane County Land Use Authority in a public hearing and approval of the County Commission. (Ord. O-2023-03, 1-24-2023)

 

(Ord. O-2023-03, 1-24-2023)