TITLE 9
LAND USE

CHAPTER 1
GENERAL PROVISIONS

SECTION:

9-1-1: Short Title

9-1-2: Kane County Land Use Philosophy

9-1-3: Intent And Purpose

9-1-4: Interpretation

9-1-5: Conflict

9-1-6: Effect Upon Previous Ordinances And Maps

9-1-7: Definitions

9-1-8: Inspection

9-1-9: Enforcement

9-1-10: Nuisance And Abatement

9-1-11: Amendments To The Land Use Ordinance

9-1-12: Publication And Notice Of Hearings

9-1-13: Issuance Of Permits And Licenses

9-1-14: Fees

9-1-15: Severability

9-1-16: Penalties

9-1-1: SHORT TITLE:

This title shall be known as the LAND USE ORDINANCE OF KANE COUNTY, UTAH. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

9-1-2: KANE COUNTY LAND USE PHILOSOPHY:

There has been, in the United States over the last several decades, a strong trend of increasing governmental control over private property rights and uses. This trend has resulted in the loss of property rights in favor of governmental oversight, regulation and planning concepts. The overall purpose of this trend is to increase orderly growth. However, this end is accomplished overwhelmingly by the use of restrictive laws and ordinances that effectively seize property rights from property owners. Kane County believes that this trend encroaches severely on the inalienable right of property ownership. This land use title and other county ordinances are purposefully kept in many ways as lenient as state statute will allow. Other tougher restrictions are kept as minimal as possible to ensure a balance between the individual's property rights and the property rights of the neighbors. To this end, property owners of Kane County should realize that by retaining as much of their rights as possible, they also retain the associated responsibilities.

In addition to preserving individual property rights, Kane County believes that the individual, not the taxpayers collectively, should be responsible for the individual's own living conditions. We hold it to be a violation of principle to use general public funds for spot improvements that only benefit localized areas. As such, it is Kane County policy to refuse to participate in spot infrastructure improvements which benefit only a localized area yet burden the taxpayers at large. If property owners collectively desire, they can petition the county to assist in the creation of a special improvement district which places the financial burden of the improvements on the area being improved. In this way the county reduces both the regulation and the taxes placed on the property owners. Kane County property taxes collected and deposited in the general fund are designated among other things to maintain public infrastructure not to improve it. To that end, Kane County will continue to focus on the wise use of the general fund in maintaining current improvements and future improvements once they have met county standards.

Kane County has sought to keep this land use title within the spirit of the "Declaration Of Independence" and recognizes that one of the hallmark benefits of a free society is the retained rights of private property to their owner. To that end, we include this quote from the "Declaration Of Independence" in this title as a governing principle that we seek to follow.

We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness. --That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed...

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

9-1-3: INTENT AND PURPOSE:

It is the intent and purpose of the board of county commissioners of Kane County, state of Utah, to avail itself of the powers granted under Utah state code section 17-27a-101 et al., the county land use, development, and management act (CLUDMA), as amended, only in a manner that will promote the health, safety, morals, convenience, order, prosperity, and general welfare of the present and future inhabitants of Kane County as seems appropriate in a rural setting, to this end:

   A.   To implement the general plan and to guide the future growth of the county in compliance with the general plan.

   B.   To regulate land use in a manner that will encourage and facilitate orderly growth and development in the county.

   C.   To provide land use regulations for the unincorporated areas of the county.

   D.   To enable economy in government expenditures in the process of development.

   E.   To promote the efficient and economical utilization, conservation, and production of land, water, and other resources and facilities.

   F.   To foster the county's agricultural, commercial and industrial development.

   G.   To facilitate adequate provisions for transportation, water, sewer, schools, parks, and other public requirements.

   H.   To reduce the waste of physical, financial, and human resources.

   I.   To lessen congested streets.

   J.   To avoid or lessen the hazards to persons or damage to property.

   K.   To stabilize and improve property values.

   L.   To protect the tax base.

   M.   To promote a more attractive and wholesome environment.

   N.   To promote conditions favorable to prosperity, recreational activities, educational, and cultural opportunities.

   O.   To support the use of energy conservation methods, i.e., solar and renewable energy sources.

   P.   To protect both urban and nonurban development.

   Q.   To encourage a variety of housing types and promote moderate income housing.

   R.   To assist the public in identifying and understanding regulations affecting the development and use of land.

   S.   To enforce the provisions of this title and to minimize the exceptions and variances, hereto. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)