The purpose of the light commercial zone is to provide appropriate locations for the development and operation of administrative and professional offices, publicly owned and operated community facilities and related uses. This zone is intended to serve as a buffer between residential and more intensive commercial uses with low to no impact on residential and agricultural zones. (Ord. O-2022-42, 7- 26-2022)

Development of any parcel of land for any of the uses listed in this section, exceeding five thousand (5,000) square feet of total building floor area will require a different zone designation.

   A.   Permitted Uses: The following uses are permitted in the L-C zone:

   Accessory uses and buildings, customarily incidental and subordinate to an approved permitted/conditional use.

   Administrative, executive, professional, medical and research offices.

   Banking and other financial institutions.

   Churches, temples and other places used exclusively for worship.

   Mobile food vendor.

   Parking lots for approved principal uses.

   Public buildings and offices.

   Public park, playground or recreation facilities.

   Public utility service and maintenance facilities.

   Restaurants.

   B.   Multi-Residential, Residential And Agricultural Uses: All uses listed in the multi-residential, residential and agricultural uses table are allowed in the L-C Zone with their appropriate designation of permitted or conditional unless otherwise changed in the commercial uses table.

   C.   Conditional Uses: The following uses are subject to the conditional use approval process outlined in chapter 15 of this title:

   Accessory uses and buildings, customarily incidental and subordinate to an approved conditional use.

   Cemetery.

   D.   Any uses not set forth in this section are not allowed.

   E.   Other: Any use not named which may be considered harmonious with the zone and currently allowed uses can be considered for proposed inclusion into the chapter by the Kane County Planning Commission in a public hearing and approval of the County Commission. (Ord. O-2022-42, 7-26-2022; amd. Ord. O-2023-12, 4-25-2023)

All site design elements for the above listed conditional uses are subject to review by the planning commission, who shall apply the standards and provisions found in chapter 15 of this title. (Ord. O-2022-42, 7-26-2022)

No building or structure shall be erected to a height greater than thirty-five feet (35'), unless otherwise approved through a conditional use permit. (Ord. O-2022-42, 7-26-2022)

 

 

(Ord. O-2022-42, 7-26-2022)

   A.   Side Yards: Buildings shall have a minimum side yard of ten feet (10') and the total of the two (2) side yards shall be twenty feet (20').

   B.   Rear Yards: Accessory buildings located at least ten feet (10') behind the main building may have a rear yard of three feet (3'); provided, that on corner lots rearing the side yard of another lot, the minimum rear yard for all buildings shall be ten feet (10'). (Ord. O-2022-42, 7-26-2022)

   A.   Landscaping: At least five percent (5%) of the private lot area shall be improved and maintained with landscaping. At least half of that landscaped area shall be in the form of live trees, shrubs or ground cover. A minimum ten foot (10') wide landscaped strip within the private lot area shall be installed and maintained along all street frontages. With the exception of the pedestrian and vehicular access portions of buildings, landscaping shall be installed and maintained along all building walls that face street frontages and parking lots.

   B.   Fencing: Except in the front yard setback area, a six foot (6') high solid decorative fence or wall shall be installed and maintained along the boundary line of any agricultural or residential zone. Chain link fencing with slats is not considered a solid fence or wall for the purposes set forth in this chapter. (Ord. O-2022-42, 7-26-2022)

The purpose of the Commercial 1 zone is to provide for the sale of goods and the performance of services and other activities for which the market extends beyond the immediate area. (Ord. O-2022-42, 7-26-2022; amd. Ord. O-2022-60, 11-22-2022)

Development of any parcel of land for any of the uses listed in this section exceeding fifteen thousand (15,000) square feet of total building floor area are not permitted in this zone.

   A.   Permitted Uses: The following uses are permitted in the C-1 zone:

   Accessory uses and buildings, customarily incidental and subordinate to an approved permitted use.

   Any permitted uses listed in the light commercial (L-C) zone.

   Restaurants.

   Retail sale and/or rental of goods, merchandise and equipment conducted wholly within an enclosed building.

   Tour Companies without ATV/UHV rentals.

   B.   Multi-Residential, Residential And Agricultural Uses: All uses listed in the multi-residential, residential and agricultural uses table are allowed in the C-1 Zone with their appropriate designation of permitted or conditional unless otherwise changed in the commercial uses table.

   C.   Conditional Uses: The following uses are subject to the conditional use approval process outlined in chapter 15 of this title:

   Accessory uses and buildings, customarily incidental and subordinate to an approved conditional use.

   Automobile car wash, not to exceed four (4) bays.

   Automobile sales

   Automobile fuel stations.

   Cell towers.

   Child daycare or preschool center which meets all state and local regulations.

   Commercial recreation and entertainment facilities, not to include sexually oriented businesses.

   Heli pad private.

   Private business and technical schools.

   Reception center and/or wedding chapel.

   D.   Any uses not set forth in this section or L-C are not allowed.

   E.   Other: Any use not named which may be considered harmonious with the zone and current allowed uses can be considered for proposed inclusion into the chapter by the Kane County Planning Commission in a public hearing and approval of the County Commission. (Ord. O-2022-42, 7-26-2022; amd. Ord. O-2023-12, 4-25-2023)

All site design elements for the above listed conditional uses are subject to review by the planning commission, who shall apply the standards and provisions found in chapter 15 of this title.

   A.   Objectionable Factors: All uses shall be free from objectionable odor, noise, dust, smoke, vibration or other such factors; and

   B.   Advertising Signs: All advertising signs shall comply with the provisions of chapter 16 of this title. (Ord. O-2022-42, 7-26-2022)

No building or structure shall be erected to a height greater than thirty-five feet (35'), unless otherwise approved through a conditional use permit. (Ord. O-2022-42, 7-26-2022)

 

 

   A.   Setbacks: Minimum yard setback requirements shall be established in permitted use, conditional use or planned unit development approval; except no commercial building shall be located closer than fifty feet (50') to any Agriculture or Residential Zone boundary, or to any street line which continues into a Residential Zone, and no such building shall encroach on any easement. (Ord. O-2022-42, 7-26-2022)

   A.   Side Yards: A fifty foot (50') side yard shall be required where a side yard abuts an agricultural or residential zone. Side yards abutting a street require a twenty five foot (25') side yard.

   B.   Rear Yards: A ten foot (10') rear yard will be required where a rear yard abuts a residential or agricultural zone. (Ord. O-2022-42, 7-26-2022)

   A.   Fencing: Except in the front yard setback area, a six foot (6') high solid decorative fence or wall shall be installed and maintained along the boundary line of any agricultural or residential zone. Chain link fencing with slats is not considered a solid fence or wall for the purposes set forth in this article. (Ord. O-2022-42, 7-26-2022)

The purpose of the commercial 2 zone is to provide for heavy commercial areas not appropriate near or in Residential Zones to meet larger commercial uses. (Ord. O-2022-42, 7-26-2022)

   A.   Permitted Uses: The following uses are permitted in the C-2 zone:

Any permitted use listed in the L-C and C-1 zones.

Accessory uses and buildings, customarily incidental and subordinate to an approved permitted use.

Auditoriums, conference rooms, museums, theaters, libraries and community social centers.

Car wash (large).

Freight or trucking yard or terminal.

Heli pad commercial.

Propane storage tanks.

Repairing, renovating, painting and cleaning of goods, merchandise and equipment.

Retail and/or wholesale sale and/or rental of goods, merchandise and equipment, which may include storage and display outside an enclosed building.

   B.   Conditional Uses: The following uses are subject to the conditional use approval process outlined in chapter 15 of this title.

Accessory uses and buildings, customarily incidental and subordinate to an approved conditional use.

ATV's/UTV's rentals.

Dams and Reservoirs.

Hospital.

Hotel or motel.

Motor vehicle, trailer, camper and recreational vehicle sales agency.

Recreational Vehicle Parks.

Storage units.

Solar Power panels producing over 25 KW.

Substation.

   C.   Any combination of the above uses which meets all other provisions of this title.

   D.   Other: Any use not named which may be considered harmonious with the zone and current allowed uses can be considered for proposed inclusion into the chapter by the Kane County Planning Commission in a public hearing and approval of the County Commission. (Ord. O-2022-42, 7-26-2022)

All site design elements for the above listed conditional uses are subject to review by the planning commission, who shall apply the standards and provisions found in chapter 15 of this title.

   A.   Objectionable Factors: All uses shall be free from objectionable odor, noise, dust, smoke, vibration or other such factors; and

   B.   Advertising Signs: All advertising signs shall comply with the provisions of chapter 16 of this title. (Ord. O-2022-42, 7-26-2022)

No building or structure shall be erected to a height greater than forty-five feet (45'), unless otherwise approved by the planning commission through a Conditional Use Permit. (Ord. O-2022-42, 7-26-2022)

 

 

(Ord. O-2022-42, 7-26-2022)

   A.   Side Yards: A fifty foot (50') side yard shall be required where a side yard abuts an agricultural or residential zone. Side yards abutting a street require a twenty five foot (25') side yard.

   B.   Rear Yards: A fifty foot (50') rear yard will be required where a rear yard abuts a residential or agricultural zone.

   C.   Rear Yards: A twenty foot (20') rear yard open and accessible for emergency access will be required where a rear yard abuts a residential or agricultural zone. (Ord. O-2022-42, 7-26-2022)

   A.   Fencing: Except in the front yard setback area, a six foot (6') high solid decorative fence or wall shall be installed and maintained along the boundary line of any agricultural or residential zone. Chain link fencing with slats is not considered a solid fence or wall for the purposes set forth in this article. (Ord. O-2022-42, 7-26-2022)

The purpose of this article is to:

   A.   Establish a process that complies with Utah Code 17-27a-304 and 305;

   B.   Clarify the Land Use Administrator's role in enforcing the Land Use Ordinance on State Lands; and

   C.   Clarify the application of land use regulation on land that is transferred from the State to a private party. (Ord. O-2019-23, 11-12-2019; amd. Ord. O-2022-42, 7-26-2022)

Kane County does not have jurisdiction regarding land use regulations on any land owned by the State of Utah, including any land owned or administered by the Utah School and Institutional Trust Lands Administration (SITLA) (See Utah Code 17-27a-304). Kane County does not assert any jurisdiction over SITLA lands regarding land use regulations while the land is owned by SITLA. No land use related permits, including but not limited to, conditional use permits, will be issued to property owned by the State of Utah or SITLA. Kane County has jurisdiction over state lands regarding all other laws of general application including but not limited to: the traffic and criminal code of the State of Utah and local traffic and criminal ordinances, State and local laws regarding nuisance abatement, and State and local building codes. Nothing in this chapter shall be construed to limit the valid jurisdiction that Kane County holds over State of Utah lands regarding regulations or laws other than land use regulations. (Ord. O-2019-23, 11-12-2019; amd. Ord. O-2022-42, 7-26-2022)

   A.   Nothwithstanding the lack of jurisdiction regarding land use regulations, SITLA, or any other agency of the State, is required to submit a development plan and schedule to the Land Use Authority prior to developing land (See Utah Code 17-267a-305). The Land Use Authority is required to respond with reasonable promptness.

   B.   As of 2019, when SITLA has a lessee/permittee or potential lessee/permittee ("Lessee"), in order to comply with section 305, SITLA requires the lessee to apply for a conditional use permit, whether one is required or not, and even though a conditional use permit would not be legally valid on the state owned land. As a matter of policy, Kane County treats this requirement from SITLA as a request for the county to review the project and provide recommendations to SITLA on how the potential project should be regulated. The county will also use this opportunity to provide the information as anticipated by Utah Code 17-27a-305(8).

   C.   When the State or any agency of the State submits a development plan and schedule to the county, or when a lessee of SITLA lands applies for a conditional use permit or submits a development plan and schedule on behalf of the State or any agency of the State, the county will process the request as follows:

      1.   SITLA, or a lessee or private entity partner that is a partner or contractee of SITLA, shall submit an official application and any additional materials requested by the Land Use Administrator. The information must include sufficient detail to enable the Land Use Administrator to assess the elements set forth in subsection C2a. The information must include whether there are any existing county roads or public rights-of-way on the state owned land, or if there are existing roads or trails on the state owned land which do not have a vested public right-of-way but have been used regularly by the public.

      2.   The Land Use Administrator shall develop a report on the proposed development as follows:

         a.   The size, volume, scope, and extent of the report shall be completed at the discretion of the Land Use Administrator, but at a minimum the report shall address the elements listed under Utah Code 17-27a-305(8)(ii), namely:

            (1)   Compliance with applicable land use ordinances;

            (2)   The demand for public facilities caused by the proposed development;

            (3)   The amount of any applicable fee;

            (4)   Any credit against an impact fee; and

            (5)   The potential for waving an impact fee.

         b.   The report shall include proposed recommendations for how the proposed development should be regulated. The report shall also include recommendations for the disposition and treatment of any existing county roads or public rights-of-way and any existing roads or trails which do not have a vested public right-of-way but have been used regularly by the public.

         c.   For purposes of determining "compliance with applicable land use ordinances," the Land Use Administrator may review and consider any relevant regulations or requirements of Title 9 in developing the report, regardless of whether or not the regulation applies to the relevant state owned land. Nothing in this section shall be construed as an attempt to impose a zone on any state owned land as prohibited by Utah Code 63A-5b-604(8)(a). State land that is transferred to private ownership shall be zoned as set forth in subsection 9-7D-4A.

         d.   The Land Use Administrator may exercise discretion to consult with experts such as engineers, relevant industry experts, or other professionals and may conduct any relevant studies deemed necessary to fully evaluate the proposed project. Nothing in this section shall be determined to require the consultation with any expert or to conduct any study regarding the proposed project.

         e.   In any event, the Land Use Administrator shall act with reasonable promptness to complete the report and forward it to the appropriate individual or body as set forth below.

      3.   The County Commissioner who is assigned to the Land Use Authority shall review the proposed development and in consultation with the Land Use Administrator determine the process under which the County will issue recommendations for the proposed development.

         a.   The County Commissioner may elect to use any of the following methods to develop and issue the recommendations: i) request that the development be reviewed by the Land Use Authority to develop recommendations before the proposed recommendations are presented to the County Commission for consideration and approval; ii) delegate authority to the Land Use Authority to develop and approve the recommendations; iii) present the matter directly to the County Commission to develop and approve recommendations; or iv) develop and approve recommendations as an individual County Commissioner after consultation with the Land Use Administrator and/or Land Use Authority.

         b.   In the event the County Commissioner elects option iv) above, prior to sending the recommendations under subsection C5 below, the Land Use Administrator shall provide the proposed recommendations to the other two (2) County Commissioners. The other two (2) County Commissioners shall have three (3) business days to respond to the proposed recommendations by emailing the Land Use Administrator. If at least one County Commissioner has an objection, the Land Use Administrator shall request that the proposed recommendations be placed on the agenda of the next regularly scheduled county commission meeting for further discussion, review, potential amendment, and approval by the full Commission. If there is no objection submitted by any of the other two (2) county commissioners, or no response submitted to the Land Use Administrator within three (3) business days, the proposed recommendations shall be final.

         c.   The County shall act with reasonable promptness to approve and issue the recommendations.

      4.   Any recommendations that are developed and approved under this section shall be completely discretionary, shall be considered a legislative action not an administrative action, shall not be subject to appeal to the Appeal Authority, and shall not be subject to any other requirements of Title 9.

      5.   After the recommendations are approved as set forth above, the Land Use Administrator shall issue the recommendations to the State and/or SITLA. In the event that there is a lessee or a private entity that is partnering or contracting with the State and/or SITLA regarding the proposed development, the Land Use Administrator shall request that the recommendations that are accepted by the State and/or SITLA be formalized in a lease agreement or other legally binding document between the lessee or private entity partner of the proposed project and the State and/or SITLA.

   D.   In the event that there is a lessee or private entity partner, if the State and/or SITLA accepts all or a portion of the recommendations, the Land Use Administrator is authorized to: i) monitor the project for compliance with the recommendations that are accepted by the State and/or SITLA; ii) notify the State and/or SITLA of any failure on the part of the lessee or private entity partner to comply with the accepted recommendations; and iii) provide any assistance to the State and/or SITLA necessary to bring the lessee or private entity partner into compliance with the accepted recommendations. (Ord. O-2019-23, 11-12-2019; amd. Ord. O-2022-22, 4-26-2022; Ord. O-2022-42, 7-26-2022; Ord. O-2023-07, 4-11-2023)

In the event that any State owned land, including SITLA administered land, is transferred to private ownership, the following shall apply:

   A.   The land shall be zoned as follows, as of the effective date of the land transfer:

      1.   If no application for a zone designation is submitted and approved prior to the date of the land transfer, the land shall be zoned Agricultural (AG) until the land owner requests and receives approval for a zone change to another zone.

      2.   If an application for a zone designation was submitted and approved under subsection D prior to the date of the land transfer, that zone shall apply.

   B.   All sections of the Kane County Land Use Ordinance shall apply immediately, as of the effective date of the land transfer, limited only by the exceptions of Chapter 12 Nonconforming Uses and Noncomplying Structures. Any use of the land that was in compliance with a lease agreement or contract with the State and/or SITLA prior to the date of transfer of the land is a legally vested use. If a zoning designation imposed under this section prohibits any legally vested use of the land, the legally vested use shall be considered a nonconforming use for purposes of Chapter 12 and shall have all the benefits of a nonconforming use. Any structure constructed on the land in compliance with a lease agreement or contract with the State and/or SITLA prior to the date of transfer of the land is a legally vested structure. If a zoning designation imposed under this section affects the legal status or legal compliance of a legally vested structure, the legally vested structure shall be considered a noncomplying structure for purposes of Chapter 12 and shall have all the benefits of a noncomplying structure.

   C.   Any recommendations issued to and accepted by the State and/or SITLA under this Chapter shall become legally binding conditions on the parcel as if a conditional use permit had been required and had been duly issued at the time the recommendations were issued, whether or not a conditional use permit was or is required.

   D.   Prior to the date of transfer of the land, a lessee of state owned land, or a private entity partner that is partnering or has a contract with the State and/or SITLA regarding state owned land, may apply for a zone designation. The process for applying for a zone designation shall be the same process as applying for a zone change as set forth in this Title and in state law. The application for a zone designation may take place at the same time that an applicant applies for recommendations for state owned land as set forth in this chapter or at any other time prior to the transfer of the land to private ownership. The zone designation, once approved, will become effective on the date of the transfer of the land as set forth in subsection A2. (Ord. O-2019-23, 11-12-2019; amd. Ord. O-2022-42, 7-26-2022; Ord. O-2023-07, 4-11-2023)