To provide for residential neighborhoods of a rural character together with a limited number of livestock for the benefit and enjoyment of the residents. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

(Please note: As of February 22, 2022 Kane County will no longer accept new lots designated with the R-½ Zone. The R-½ will remain in the Area and Setback Regulations for administrative purposes only.)

 

 

(Ord. 2013-5, 8-12-2013, eff. 8-27-2013; amd. Ord. O-2022-06, 3-22-2022)

A building erected to a height greater than thirty five feet (35') requires a conditional use permit. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

   A.   Animals And Fowl: No building, structure or enclosure housing animals or fowl shall be constructed closer to a dwelling on adjacent lots closer than twenty five feet (25').

   B.   Accessory Building Side Yard: 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 Rear Yard: 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.   Water And Sewer: Individual water supply and/or sewage disposal systems shall be subject to the approval of the department of health.

   E.   Manufactured Homes: A manufactured home shall meet all county snow loads at the time of siting and less than ten (10) years old shall meet all snow loads and energy codes at the time of siting. If older than ten (10) years, manufactured home must be inspected and approved by the Kane County building department.

   F.   Allowable Numbers Of Household Pets: Private holding and ownership of up to a maximum number of animals in a given land use (zoning) area as shown below; without a conditional use permit.

      2.   R-1 may house a maximum of six (6) household pets.

      3.   R-2 may house a maximum of twelve (12) household pets.

      4.   R-5 may house a maximum of fifteen (15) household pets.

   G.   Livestock: The keeping of livestock for personal use is permitted, except that no more than one large animal, or no more than ten (10) small farm animals weighing fifty (50) pounds each or less, may be kept for each six thousand two hundred fifty (6,250) square feet of area dedicated for each animal not to exceed a maximum of ten (10) large animals on any lot.

   H.   Number of Dwellings Allowed per Lot or Parcel: No more than two single-family dwellings allowed per lot or parcel in Residential 1, 2 and 5 zones. Only 1 single-family dwelling is allowed in the Residential ½ zone.

   I.   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 only one renting of those dwellings may be used as a short term rental or vacation rental, except in the R-2 and R-5 Zones where a conditional use permit can be applied for to allow a second nightly/short term rental.

(Please note: As of February 22, 2022 Kane County will no longer accept new lots designated with the R-½ Zone. The R-½ will remain in the uses table for administrative purposes only.)

   A.   In section 9-6A-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.   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. 2013-5, 8-12-2013, eff. 8-27-2013; amd. Ord. 2014-16, 8-25-2014; amd. Ord. O-2022-06, 3-22-2022)

 

(Ord. 2013-5, 8-12-2013, eff. 8-27-2013; amd. Ord. 2014-15, 7-28-2014; Ord. 2014-16, 8-25-2014; Ord. 2014-21, 12-22-2014; Ord. 2016-16, 12-12-2016; Ord. O-2018-2, 4-9-2018; Ord. O-2018-6, 7-9-2018; Ord. O-2018-7, 7-23-2018; Ord. O-2019-09, 5-14-2019; Ord. 2020-22, 10-27-2020; Ord. O-2022-18, 4-26-2022; Ord. O-2022-25, 5-24-2022; Ord. 2022-34, 6-14-2022; Ord. O-2023-31, 9-26-2023; Ord. O-2025-2, 2-25-2025)

The purpose of the multi-family residential zone is to provide appropriate areas in the county where multi-family neighborhoods may be established, maintained and protected while protecting the integrity and characteristics of neighboring properties. In an effort to support affordable and moderate-income housing, short-term rentals are not permitted in multi-residential units. (Ord. O-2022-18, 4-26-2022; amd. Ord. O-2023-13, 11-28-2023; Ord. O-2025-09, 4-22-2025)

   A.   Lot Coverage: Land coverage of all buildings shall not exceed thirty percent (30%) of the lot or parcel acreage.

   B.   Density: Each parcel shall contain, no more than 8 units per acre.

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

   D.   Parking: Refer to chapter 13 of this title.

   E.   Building Height: Buildings with a height over thirty five feet (35') need a conditional use permit.

   F.   Site Plan: Site plan subject to approval by the Kane County Land Use Authority. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013; amd. Ord. 2014-16, 8-25-2014; Ord. O-2022-18, 4-26-2022; Ord. O-2023-12, 4-25-2023)

 

(Ord. O-2022-18, 4-26-2022)

 

(Ord. O-2022-18, 4-26-2022; amd. Ord. O-2022-25, 5-24-2022; Ord. O-2023-13, 11-28-2023; Ord. O-2025-09, 4-22-2025)

The purpose of this article is: a) to ensure residential facilities for elderly persons ("facility"), residential facilities for persons with a disability ("facility"), and group homes ("home") do not suffer from a discriminatory land use impact or action, b) to ensure such facilities, uses, and homes do not have an adverse impact on the character of adjacent neighborhoods or individuals, by posing a direct or serious threat to them or property, even with reasonable accommodation(s), and c) to ensure that issues of public safety, traffic, and parking are mitigated. To carry out these purposes, residential facilities for elderly persons, residential facilities for persons with a disability, and group homes shall be governed by the provisions that follow. (Ord. 2014-21, 12-22-2014)

Each section under this article shall comply with and be enforced only to the extent allowed by: a) title 57, chapter 21, Utah fair housing act, and applicable jurisprudence; b) the fair housing amendment act of 1988, 42 USC section 3601 et seq., and applicable jurisprudence; and c) section 504, rehabilitation act of 1973, and applicable jurisprudence.

"Disability" or "disabled", as referred to in this article, shall have the same meaning as defined in chapter 1 of this title, Utah code section 17-27a-103, and the United States Code, title 42, section 12102, as may be amended or renumbered, with any disparities between the separate definitions being resolved by adherence to the United States Code. For purposes of this chapter, "residential facilities for persons with a disability" also includes residential facilities for the rehabilitation and treatment of the disabled.

Discriminatory actions against elderly or disabled persons, residential facilities for elderly persons, residential facilities for persons with a disability, and group homes are prohibited. (Ord. 2014-16, 8-25-2014)

   A.   Zones Permitted: Residential facilities for elderly persons, residential facilities for persons with a disability, and group homes shall be permitted in any zone where a single-family dwelling is permitted, and shall not be considered a multiple- family dwelling when there is compliance with the provisions of this chapter.

   B.   Single-Family Dwelling Regulations: Wherever situated, residential facilities for elderly persons, residential facilities for persons with a disability, and group homes shall be subject to the same federal, state, and local laws, regulations and land use practices that govern single-family dwellings.

   C.   Reasonable Accommodation: Reasonable modifications to or reasonable accommodations in application of the ordinances, policies, rules and practices shall be granted, to the extent required by applicable law and jurisprudence, upon application to the land use authority, subject to the process and review outlined in chapter 15, "Conditional And Temporary Uses", of this title when such accommodation(s) may be necessary to afford an applicant to use and enjoy a dwelling.

   D.   Business License: If operating as a business, a residential facility for elderly persons, residential facility for persons with a disability, or a group home shall be required to obtain a business license before operating the facility or home.

   E.   Anticipatory Reasonable Accommodation: As an anticipatory reasonable accommodation permitted under this article, residential facilities for elderly persons, residential facilities for persons with a disability, and group homes located within a single building/dwelling or single-family dwelling may be occupied by up to eight (8) persons who are not related by blood, marriage or adoption, without application to the land use authority.

   F.   Licensure And Reports: Residential facilities for elderly persons, residential facilities for persons with a disability, and group homes shall acquire and abide by any state, federal, or local licensure and inspection requirements. The facility or group home shall provide to the land use administrator: 1) a copy of any reports issued by the department of health or by the department of human services; b) a copy of the policy and procedures manual for the specific location, if required and provided through the state licensing process; and c) a copy of any pertinent license issued to the land use administrator. These items shall be kept on file, as well as any renewed or updated license or documents. This requirement must be fulfilled in order to be considered a permitted use.

   G.   Proximity: If a residential facility for elderly persons, a residential facility for persons with a disability, or a group home is being occupied by more than four (4) unrelated persons, under the explicit reasonable accommodation outlined herein, then the facility or home may not be located closer than three-fourths (3/4) mile from a similar facility, in order to avoid or mitigate any detrimental impact resulting from an excessive concentration of such facilities in close proximity.

   H.   Parking: Residential facilities for elderly persons, residential facilities for persons with a disability, and group homes shall comply with the parking regulations of chapter 13 of this title, providing sufficient off street parking and circulation to prevent issues of public safety and traffic.

   I.   Voluntary Basis: In order to avoid and mitigate health and safety concerns, and to be considered a permitted use, placement in a residential facility for elderly persons, residential facility for persons with a disability, or a group home shall be on a strict voluntary basis and may not be a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional institution, or a condition of probation/parole.

   J.   Safety Plan: If a residential facility for elderly persons, a residential facility for persons with a disability, or a group home is being occupied by more than four (4) unrelated persons, under the explicit reasonable accommodation outlined herein, then a safety plan must be developed and submitted to the land use administrator, for the use to be a permitted use, demonstrating adequate supervision and control of the residents, in order to ensure the safety of the residents and surrounding community.

      1.   Any denial, rejection, or request to modify the safety plan must be based on written findings articulating grounds related to a serious or direct threat(s) to health or safety.

      2.   The safety plan shall be reviewed by and must be determined to be satisfactory to the Kane County sheriff's office and be approved by the land use administrator.

      3.   The safety plan shall include, but not be limited to: a) a parking and circulation plan; b) security and surveillance plan; and c) visitation hours, if any.

      4.   If considered necessary for traffic safety, pursuant to applicable requirements, additional parking in a reasonable number may be required by the land use administrator.

   K.   Safety Plan; Substance Abuse Facilities: For residential facilities for persons with a disability that are substance abuse facilities and are located within five hundred feet (500') of a school, where more than four (4) unrelated persons reside, then a safety plan must be developed and submitted to the land use administrator, for the use to be a permitted use, demonstrating adequate supervision and control of the residents, in order to ensure the safety of the residents and surrounding community.

      1.   Any denial, rejection, or request to modify the safety plan must be based on written findings articulating grounds related to a serious or direct threat(s) to health or safety.

      2.   The safety plan shall be reviewed by and must be determined to be satisfactory by the Kane County sheriff's office and be approved by the land use administrator.

      3.   The safety plan shall include, but not be limited to: a) a security and surveillance plan; b) twenty four (24) hour supervision of residents; c) other twenty four (24) hour supervision measures; if any.

   L.   Adequate Personal Space: The owner/operator of the facility or home shall ensure that each resident has adequate personal space.

   M.   Rehabilitation/Treatment Of Individuals Diagnosed With Addiction: To ensure the health and safety of adjacent neighbors, when a residential facility for persons with a disability involves the rehabilitation and/or treatment of individuals diagnosed and suffering from an addiction to alcohol or a controlled substance (as defined in the controlled substance act, 21 USC 802), the following provisions must be complied with in order to be considered a permitted use under this chapter:

      1.   Individual residents have completely abstained from the use of alcohol and all controlled substances for a continuous period of at least thirty (30) days immediately prior to becoming a resident of the home.

      2.   All residents of the home must completely abstain from using alcohol and controlled substances during the period that they are residents of the home. Any resident who uses alcohol or a controlled substance, whether on or off the premises, shall be immediately expelled from the facility and shall not be readmitted for a period of at least thirty (30) days following the violation. However, nothing contained herein shall be construed to prohibit a resident from taking a prescribed medication for which a resident has a valid and current prescription.

   N.   Threat To Health Or Safety: Residency within a residential facility for elderly persons, a residential facility for persons with a disability, or a group home shall not be available to or occupied by any individual whose tenancy or recent personal history would constitute an articulable, direct or serious threat to the health or safety of other individuals or whose tenancy could result in substantial physical damage to the property of another.

      1.   Prior to allowing an individual to reside in a facility or home, an owner/operator of a facility or home shall conduct an individualized assessment of each person desiring to become a resident of the facility or home to determine if such person would constitute a direct or serious threat to the health or safety of other individuals or property. Such assessments should consider such things as the individual's past criminal history, violent or aggressive sexual acts, passage of time since such acts, and evaluations and treatments the individual has received.

      2.   No individual determined to pose a risk for commission of sexual offenses, or being classified as having predatory tendencies may be accepted as a resident.

   O.   Investigations: The owner/operator of a facility or home shall promptly investigate, and cooperate in any law enforcement investigation, of any and all allegations, of which it is or may become aware, relating to the acts of an individual residing in or employed by such facility or home as may constitute a violation of the provisions of this article. The owner/operator shall provide the land use administrator with the details of any allegation(s), results of the investigation, and any proposed remedial measures. If an allegation is found to be substantiated, the owner/operator shall take immediate and reasonable action under the circumstances to correct, mitigate, or remedy the violation and any harm or damage resulting therefrom, and to protect the person or property of such individual and others residing or employed in and near the facility or home. (Ord. 2014-16, 8-25-2014)

   A.   The permitted use designation of a residential facility for elderly persons, a residential facility for persons with a disability, or a group home is contingent upon compliance with the provisions in this article. Noncompliance with this article constitutes a nonpermitted use under this article.

   B.   A residential facility for elderly persons, a residential facility for persons with a disability, or a group home that poses a serious or direct threat to the health or safety of another person or another's property, and the threat to health and safety cannot be adequately abated with a reasonable accommodation(s), is not a permitted use.

   C.   Determining whether an individual resident, a residential facility for elderly or disabled persons, or group home poses a direct or serious threat, thereby constituting a nonpermitted use, must be made on an individualized basis, based on overt acts, past criminal history, violent or aggressive sexual acts, passage of time since such acts, evaluations, and/or factually supported reports. Such determination shall not be based on general assumptions or speculation about the nature of a disability, group home, or residential facility.

   D.   The normal and proper procedures for abating a nonpermitted use shall be followed should an existing home or facility be found in noncompliance with this article. The land use administrator is encouraged to advise an owner, operator, or applicant of the application process to request a reasonable accommodation, if appropriate. (Ord. 2014-16, 8-25-2014)

The following definitions shall apply to this article:

 

 

This article shall apply only to short term rentals and lodges located within a Residential Zone. (Ord. 2019-09, 5-14-2019)

Short term rental and lodge use of a single family dwelling shall be an allowed use in Residential Zones if the following terms are complied with:

   A.   Each short term rental or lodge shall maintain a current Kane County business license.

   B.   Owner shall maintain active registration with the State of Utah and remit all taxes deemed necessary by the Utah State Tax Commission.

   C.   Short term rental or lodge shall comply with all applicable rules and regulations set forth by the local Health Department, County Building Department, and Kane County Land Use Authority.

   D.   Short term rentals and lodges are limited to one short term unit per property, unless allowed otherwise by zone.

   E.   Short term rental shall not exceed the maximum occupancy of ten (10) individuals at a time.

   F.   Lodges shall not exceed the maximum occupancy of twenty four (24) individuals, if the property is serviced by Municipal scale water and sewer, an additional eleven (11) individuals may be permitted for a maximum occupancy of thirty five (35) through the conditional use application.

   G.   In the R-5 zone a conditional use permit is required for all lodges.

   H.   If a CUP is obtained for a lodge a fire suppression system shall be installed.

   I.   Short term rentals and lodges shall provide a minimum of four (4) off street parking spaces. (Ord. 2019-09, 5-14-2019; Ord. O-2022-60, 11-22-2022; Ord. O-2024-19, 5-14-2024)

All short term rentals and lodges shall conform to maintenance standards as defined in the Kane County Nuisance Ordinance. (See subsection 4-3-3B of this Code.) (Ord. 2019-09, 5-14-2019)

The owner/property manager of a short term rental or lodge property shall be responsible to ensure that guests or occupants of the short term rental or lodge property comply with all noise, trespass, and safety conditions as defined in the Kane County Nuisance Ordinance. (See section 4-3-3 of this Code.) (Ord. 2019-09, 5-14-2019)

The following information must be posted in clear and prominent area near the primary entrance of the short term rental or lodge.

   A.   Business License: A copy of the Kane County business license;

   B.   Owner, Property Manager Information: The name, address, and phone number of the owner or property manager;

   C.   Maximum Occupancy: Total occupants of the dwelling shall not exceed the allowed amount as listed in the use definition. (Ord. 2019-09, 5-14-2019)

The owner of any dwelling licensed as a short term rental or lodge shall be required to collect and remit Transient Room Tax and any other tax deemed necessary by the State Tax Commission. Failure to do so may result in civil or criminal penalties, or both, under County and/or State Code. (Ord. 2019-09, 5-14-2019)

All violations of this chapter shall constitute a Class C misdemeanor and shall be enforced in compliance with section 9-1-9 of this title. (Ord. O-2019-5, 4-22-2019)

The following definitions shall apply to this article:

 

 

This article shall apply only to recreational vehicles located within residential zones. (Ord. 2013-9, 9-23-2013, eff. 10-8-2013)

   A.   No occupied recreational vehicle shall be located in a residential zone anywhere within the county except as follows:

      1.   Within a:

         a.   Recreational vehicle park (see chapter 18 of this title);

         b.   Manufactured/mobile home park subject to the requirements of chapters 17 and 18 of this title; or

         c.   Designated camping area; or

      2.   As allowed by this article.

   B.   A recreational vehicle may be occupied seasonally if the following terms are complied with:

      1.   No more than two (2) recreational vehicles are located on the property whether occupied or unoccupied;

      2.   The recreational vehicle is not occupied more than six (6) consecutive months in any calendar year;

      3.   No rent or other form of payment is charged or received;

      4.   The recreational vehicle shall comply with the required setbacks for the zone;

      5.   The recreational vehicle is connected to the culinary water system;

      6.   The holding tanks and any wastewater are emptied using an approved on site septic system; no more than two (2) recreational vehicles shall be hooked up to a single septic system;

      7.   The power is connected in accordance with all applicable safety standards;

      8.   The recreational vehicle is:

         a.   Removed from the property when not occupied,

         b.   Vacated and removed from the property after six (6) months of occupation in any calendar year, or

         c.   Unoccupied and stored according to section 9-6E-4 of this article;

      9.   The recreational vehicle is licensed and ready for highway use.

      10.   If the recreational vehicle will be used for less than fourteen (14) consecutive days, section 9-6E-3B.5. and 9-6E-3B.6 do not apply.

   C.   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, if the property is one acre or larger.

   D.   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.

   E.   If living in a recreational vehicle while building a home, a building permit must be issued before a temporary use permit can be granted. A temporary use permit allowing occupation of a recreational vehicle while building a home may be authorized for more than nine (9) months so long as the building permit remains active. The Land Use Administrator or the Zoning Administrator shall review the permit annually and may reauthorize the permit for an additional year if the building permit is still active.

   F.   The Land Use Authority may deny, approve, or approve with additional requirements any application submitted under subsection C or D of this section.

   G.   The temporary permit shall state the number of recreational vehicles authorized if more than two (2) and the dates that the vehicles will be on the property if for more than six (6) months.

   H.   Any failure to comply with this section is grounds for immediate revocation of the temporary use permit and immediate removal of the recreational vehicle unless the recreational vehicle complies with another section of this article.

   I.   Note: Individual lots may belong to a homeowners' association or have restrictive covenants which have greater restrictions regarding recreational vehicles. Nothing in this article shall be construed as to prevent private enforcement of any restrictive covenants or HOA rules. (Ord. 2013-9, 9-23-2013, eff. 10-8-2013; amd. Ord. 2014-15, 7-28-2014; Ord. O-2019-4, 3-25-2019; Ord. 2020-17, 8-24-2020)

   A.   An unoccupied recreational vehicle may be located as follows:

      1.   No more than two (2) recreational vehicles shall be located on one (1) residential property, whether occupied or unoccupied;

      2.   Upon application of the landowner, the Land Use Authority may approve a temporary use permit for the storage of more than two (2) recreational vehicles on one (1) residential property depending upon the size and contour of the property if the property is an acre or larger.

      3.   All unoccupied recreational vehicles shall be winterized, all holding tanks emptied, and readily available for immediate highway use. (Ord. 2013-9, 9-23-2013, eff. 10-8-2013; amd. Ord. 2020-17, 8-24-2020)

   A.   Any recreational vehicle, located in a Residential Zone, that has fallen into disrepair, collapsed, or is otherwise uninhabitable shall constitute a nuisance and shall be removed from the property within sixty (60) days of notice by the Land Use Administrator. Failure to remove recreational vehicles deemed a nuisance hereunder after notice shall be a violation of this article.

   B.   Trash, refuse, or waste generated from use, storage or occupancy of a recreational vehicle must be contained and disposed of properly at all times.

   C.   Setbacks still apply according to the zone the recreational vehicle is placed in.

   D.   Any violation of this article is punishable as a Class C misdemeanor. (Ord. 2013-9, 9-23-2013, eff. 10-8-2013)

   E.   Any reported violation requires three (3) directly affected property owners within five hundred feet (500') of the property reportedly in violation. (Ord. 2014-15, 7-28-2014)