For the purposes of this title, certain words and terms are defined as set forth below. Words used in the present tense include the future; words in the singular number include the plural and the plural the singular; words not included herein but defined in the building code shall be construed as if defined herein. All general provision definitions of Utah state code 17-27a-101 et al., as amended, not inconsistent with the definitions set forth herein, are adopted as if set forth fully herein. If any definition set forth herein is inconsistent with any definition set forth in Utah state code and if said Utah state code as a matter of law is binding on this title, the inconsistent portion of the definition set forth herein shall not have any effect.
ACCESSORY BUILDING OR USE: | A use or building on the same lot with, and of a nature customarily incidental to the principal building or use. |
ADMINISTRATIVE LAND USE AUTHORITY: | The land use administrator. |
AGRICULTURAL INDUSTRY OR BUSINESS: | An industry or business involving agricultural products in manufacturing, packaging, treatment, sales, intensive feeding or storage, including, but not limited to, animal feed yards, fur farms, food packaging or processing plants, commercial poultry or egg production. |
AGRICULTURAL TOURISM (AGRITOURISM): | New or existing agriculturally related accessory uses designed to bring the public to a working farm, ranch, or other commercial agricultural, aquacultural, horticultural, or forestry operation, which may include overnight accommodations, for the enjoyment of, education about, or participation in agricultural activities such as: farm animal viewing and petting, wagon rides, corn maze, tree farm, pumpkin patch, winery tours and wine tasting, farm or ranch activities tours, horticulture nurseries and associated display gardens, provide recreation, entertainment and educational experiences, classes or workshops and similar uses. |
AGRICULTURAL USE: | Land shall be deemed to be in agricultural use when devoted to the raising cultivation, drying, harvesting, marketing, production, or storage of agricultural products, including both crops and livestock, for sale or use in agriculture or agricultural production, or the storage of machinery or equipment used in support of agricultural production. |
AIRPORT: | Any area of land or water designed and set aside for the landing and taking off of aircraft plus maintenance and auxiliary facilities and auxiliary buildings for maintenance. |
ALTERATIONS, STRUCTURAL: | Any changes, addition or modification in the supporting members of a building such as bearing walls, columns, beams, or girders. |
AMUSEMENT PARK: | Any place or organized amusement activity not conducted wholly within a completely enclosed building. |
ANIMAL FEED LOT: | A lot or facility where animals are stabled or confined and fed or maintained for any period of time, that also does not fall under the definition of Animal Feeding Operation, Large CAFO-Heavy, or Large CAFO-Light. |
ANIMAL FEEDING OPERATION: | A lot or facility where the following conditions are met: A. Animals have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period; and B. Crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility. |
ANIMAL SHELTER, COMMERCIAL: | Any facility regardless of location within the County involved in activities of commerce pertaining to the harboring, breeding, boarding, sheltering or holding of domestic animals of a nonagricultural nature and not involved in the production of dairy products, meats for consumption, fur or pelts. This definition shall also include privately held shelters in which more than fifteen (15) animals of any type are kept for any purpose. |
ANIMAL SHELTER, PRIVATE: | Any privately held property in the County being used for the holding, private breeding or otherwise harboring or sheltering the maximum allowed household pets over the age of four (4) months, as designated in the applicable zone. |
ANNEXATION AREA: | The unincorporated area that is identified in an annexation policy plan under State Code as the area that the Municipality anticipates annexing in the future1. |
APARTMENT: | A room or suite of rooms rented or leased for use as a dwelling place. |
APPEAL AUTHORITY: | A person appointed by the Kane County Commission to hear appeals by any person aggrieved by his/her inability to obtain a building permit, or by the decision of any administrative officer or agency based upon or made in the course of the administration or enforcement of the provisions of this title. |
ASSISTED LIVING FACILITY: | A residential facility, licensed by the State of Utah, with a homelike setting that provides an array of coordinated supportive personal and healthcare services, available twenty four (24) hours per day, to residents who have been assessed under rules of the Utah Department of Health or the Utah Department of Human Services to need any of these services. Each resident shall have a service plan based on the assessment, which may include: a) specified services of intermittent nursing care; b) administration of medication; and c) support services promoting residents’ independence and self-sufficiency. Such facility does not include adult daycare provided in conjunction with a residential facility for elderly persons or a residential facility for persons with a disability. |
BARNDOMINIUM: | A non-traditional structure, typically constructed of a steel frame and sheet metal siding that has room for both living quarters and a shop or garage area. |
BASEMENT: | The floor level of a structure when fifty percent (50%) or more is below the surrounding grade. |
BASEMENT HOUSE: | A residential one-story structure that is more than fifty percent (50%) under the surface of the surrounding grade. |
BED AND BREAKFAST: | A building of residential design, in which the property owner or manager personally resides on premises, where one or more rooms, but not more than five (5) rooms are rented out by the day, with a maximum building occupancy of ten (10) individuals, and may offer meal services to overnight guests only. |
BENCH MARK: | A mark affixed to a permanent or semipermanent object to furnish a datum level in survey. |
BILLBOARD: | A freestanding ground sign located on industrial, commercial, or residential property if the sign is designed or intended to direct attention to a business, product, or service that is not sold, offered, or existing on the property where the sign is located. |
BOARDING HOUSE: | A dwelling where room and meals are provided for compensation for at least five (5) but not more than fifteen (15) persons. |
BUILDING: | Any structure used or intended to be used for the shelter or enclosure of persons, animals or property. |
BUILDING AREA: | The portion of a lot remaining after required setbacks have been established. |
BUILDING, HEIGHT OF: | The vertical distance from the average finished grade surface to the highest point of the building roof or coping. |
BUILDING, MAIN: | The principal building housing the principal use upon a lot. |
BUILDING OFFICIAL: | The person responsible for the administration, interpretation and enforcement of the building, housing, plumbing electrical and related codes. |
BUILDING, PUBLIC: | A building owned and/or operated or owned and intended to be operated by a public agency. |
CAMPGROUND: | A parcel with improvements for the occupancy in temporary structures; which includes, day use areas, recreation camps, modern camps, semi-developed campgrounds, primitive, and semi-primitive campgrounds as defined in Utah Administrative Code R393-300. Exceptions include rural unimproved subdivisions that can only be used for agricultural purposes as defined in Utah State Code 59-2-502.> |
ANNABIS: | See MARIJUANA. |
CAR WASH: | A facility for automatic or self-service washing and cleaning of automobiles and trucks. |
CATTERY, COMMERCIAL: | Any facility regardless of location within the County involved in activities of commerce pertaining to the harboring, breeding, boarding, sheltering or holding of domestic cats, regardless of the number of animals. The definition shall also include private held catteries in which more than fifteen (15) domestic cats are housed for any purpose. |
CATTERY, PRIVATE: | Premises on which the holding, private breeding or otherwise harboring or shelter of four (4) cats over the age of four (4) months and a maximum number of cats as designated in the appropriate underlying zone. |
CELLAR: | A room or rooms wholly under the surface of the ground. |
CHURCH: | A building, together with its accessory buildings and uses, maintained and controlled by an officially organized religious organization where persons regularly assemble for worship. |
CLINIC, MEDICAL, CHIROPRACTIC OR DENTAL: | A building in which a group of dentists, physicians and allied medical professional assistants are associated for the conduct of their professions. The clinic may include a dental and/or medical laboratory and an apothecary, but it shall not include inpatient care or operating rooms for major surgery. |
COMMERCIAL: | For profit or nonprofit business. |
COMMISSION: | Unless otherwise indicated, the County Commission of Kane County, Utah. |
COMMUNITY CORRECTIONAL FACILITY: | A facility licensed by or contracted by the State of Utah to provide temporary occupancy for previously incarcerated persons which assists such persons in making a transition from a correctional institution environment to independent living. Such a facility may also provide ancillary, temporary occupancy for individuals placed as part of, or in lieu of, confinement rehabilitation, or treatment in a correctional institution. |
COMMUNITY ZONE: | A zone in the unincorporated area of the County that falls outside of any municipal boundary or annexation zone that requires a minimum of 640 acres; which the County's Land Use Authority designates as a potential municipality site. |
CONCEPT PLAN: | Generalized layout of a proposed subdivision/Planned Unit Development with accompanying general proposals and intentions of the subdivider and relating the proposed subdivision/PUD to its area, to public facilities and services and to special problems that may arise in the development of a subdivision/PUD. |
CONDITIONAL USE: | A use of land for which a conditional use permit is required. Utah State Code section 17-27a-103(6). |
CONDOMINIUM: | A housing or residential complex in which there are separate unit, with each unit being owned by an individual. |
CONSTRUCTION CAMP: | A camp or other residential area of a temporary nature established for a period of five (5) or more days for the housing of four (4) or more persons engaged in activities related to construction, mining and logging. Camps established for hunting, fishing, recreation or agricultural purposes are excluded from the definition of a construction camp. |
CORRAL: | An enclosure, other than a building less than one acre in area, used for the confinement of animals or fowl. |
CORRECTIONAL INSTITUTION: | A prison, jail, juvenile detention facility or juvenile secure facility. |
COUNTY: | Unless otherwise indicated, Kane County, Utah. |
COURT: | An open, unoccupied space, other than a yard, on the same lot with a building or group of buildings and which is bounded on two (2) or more sides by such building or buildings. |
COVENANTS, CONDITIONS AND RESTRICTIONS: | Limits and rules placed on a group of homes by a builder, developer, neighborhood association or homeowners’ association. These restrictions will be enforced by the homeowners’ association and not the County. |
COVERAGE, BUILDING: | The percent of the total site area covered by buildings. |
CUL-DE-SAC: | A minor street serving properties with no future plans to extend beyond the termination point, and being terminated by a vehicle turnaround. |
CULINARY WATER AUTHORITY: | The department, agency, or public entity with responsibility to review and approve the feasibility of the culinary water system and sources for the subject property. |
DAIRY: | A commercial establishment for the manufacture, processing, or packaging of dairy products, and their sale. For purposes of this definition, the production of milk on a farm for wholesale marketing off the premises shall not classify the farm as a dairy. |
DAY-CARE: | Day-time care for the needs of people who cannot be fully independent, such as children or elderly people. |
DENSITY: | The extent to which a parcel is filled or covered with buildings or structures, whether it is set by number per acreage and/or percentage of land coverage. |
DEVELOPABLE LAND: | Land that is outside the 100-year floodplain and having a slope less than forty percent (40%). |
DEVELOPMENT AGREEMENT: | A binding contract between the County and the applicant and shall contain those terms and conditions agreed to by the County and the applicant. The Land Use Authority Administrator, the Land Use Authority Commission and/or the Kane County Commission are authorized to negotiate for the County. Final approval of the agreement is by the Kane County Commission. |
DISABILITY: | A physical or mental impairment that substantially limits one or more of a person’s major life activities, including a person having a record of such an impairment or being regarded as having such an impairment. Disability does not include current illegal use of, or addiction to, any Federally controlled substance, as defined in section 102 of the Controlled Substances Act, 21 USC 802, or successor law. |
DRIVEWAY: | A private roadway, the use of which is limited to persons residing, employed or otherwise using or visiting the parcel on which the driveway is located. |
DRY SUBDIVISION: | A subdivision of land that was lawfully approved prior to any mandated subdivision water system considerations and/or requirements as outlined under Kane County’s land use ordinance. |
DUDE RANCH or FAMILY VACATION RANCH: | A new or existing working ranch with a primary purpose of raising or keeping livestock that also hosts guests, which may include overnight accommodations, to share traditional western heritage and lifestyle with activities that may include but are not limited to horseback riding, moving cattle, fixing fences, hunting, fishing, and other involvement in day-to-day ranching operations. |
DWELLING: | Any building or portion thereof, which is designed for use for residential purposes, except the following: hotels, apartment hotels, boarding houses, lodging houses, motels, apartment motels, fraternities, sororities, trailers, mobile homes or dormitories. |
DWELLING, MULTIPLE-FAMILY: | A building arranged or designed to be occupied by more than one family. |
DWELLING, SINGLE- FAMILY: | A building arranged or designed to be occupied by one family, the structure having only one dwelling unit. |
DWELLING UNIT: | One or more rooms in a dwelling or apartment motel, designated for or occupied by one family for living or sleeping purposes and having kitchen and bathroom facilities for the use of not more than one family. |
EASEMENT: | The acquired privilege or right of use or enjoyment which one person may have in the land of another. |
ELDERLY PERSON: | A person who is sixty (60) years old or older. |
EMPLOYEE HOUSING: | A dwelling unit provided for employees by an employer which is ancillary and subservient to the primary activity on the property, includes accommodation for laborers, caretakers and supervisory staff, of which at least one household member is employed on the property, is located on the same land unit on which the employment activity takes place, and may not be sold separately. |
FAA AGRICULTURAL LAND USE: | Land devoted to the raising of useful plants and animals with a reasonable expectation of profit. Accessory buildings directly pertaining to FAA agricultural land use are allowed in addition to one primary single family dwelling and one guest home. |
FAMILY: | Two (2) or more persons related by blood, marriage or adoption or a group of not more than four (4) persons who are not related living in a dwelling unit as a single housekeeping unit and using common cooking facilities. |
FINAL PLAT: | A subdivision map prepared in accordance with the provisions of this title, which is designed to be placed on record in the Office of the County Recorder. |
FLOOD HAZARD: | A hazard to land or improvements due to inundation or overflow water having sufficient velocity to transport or deposit debris, scour the surface soil, dislodge or damage buildings or erode the banks of watercourses. |
FLOODPLAIN1: | Land that is within the 100-year floodplain designated by the Federal Emergency Management Agency or has not been studied or designated by the Federal Emergency Management Agency but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because the land has characteristics that are similar to those of a 100-year floodplain designated by the Federal Emergency Management Agency, and any plain along a river or stream subject to periodic flooding. |
FORESTRY: | The planting, caring for or cultivating of a dense growth of trees. May include the gathering of wood for domestic fire use. |
FRONTAGE: | All property fronting on one side of the street between intersecting or intercepting streets or between a street and a right-of-way, waterway, end of a dead end street, or political subdivision boundaries, measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intersects. |
GARAGE, PRIVATE: | An accessory building designed or used for the storage of one or more automobiles owned by the occupants of the building to which it is an accessory. A garage is considered part of a dwelling if the garage and dwelling have a roof or wall in common. |
GARAGE, PUBLIC: | A building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, hiring, selling or storing motor driven vehicles. |
A surface fault rupture; shallow groundwater; liquefaction; a landslide; a debris flow; unstable soil; a rockfall; or any other geologic condition that presents a risk to life; of substantial loss of real property; or of substantial damage to real property. A hazard inherent in the crust of the earth, or artificially created, which is dangerous or potentially dangerous to life, property or improvements, due to the movement, failure or shifting of the earth. | |
GLAMPING: | Upscale camping in a semi-permanent structure placed on a permanent/semi-permanent foundation, to be no larger than seven hundred and seventy four (774) square feet, providing overnight sleeping accommodations with amenities and comforts not normally included in a campground, such as: beds, electricity, and access to indoor plumbing. |
GLAMPING UNIT: | A canvas or membrane-covered frame structure designed to be used or occupied for commercial, transient or recreational purposes. Glamping Unit structure's include, but are not limited to: tents, yurts, teepees, covered wagons. |
GROUP HOME: | A group of five (5) or more persons who are not related living in a dwelling unit as a single housekeeping unit and using common cooking facilities. |
HEALTH DEPARTMENT: | The Utah State Division of Environmental Health or local health agency having jurisdiction. |
HEMP: | Cannabis, particularly the fibrous parts of the plant that are grown for the purpose of making rope, fabrics, fiberboard, or paper, or to produce legal forms of Cannabidiol CBD oil or other products containing CBD, with a concentration of less than 0.3% tetrahydrocannabinol by dry weight. |
HOME OCCUPATION: | Any use conducted entirely within a dwelling and carried on by persons residing in the dwelling unit, occupying no more than twenty five percent (25%) of the dwelling unit, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. Home occupation may include, but is not limited to, the use of the home by a physician, surgeon, dentist, lawyer, clergyman, engineer or professional person for consultation or emergency treatment. Home occupation includes the care of not more than five (5) children other than members of the family residing in the dwelling. A home occupation in a multiple- dwelling unit will be considered as one of the units in determining the allowable number of units. Home occupation excludes use of the dwelling as a vacation rental, bed and breakfast, inn, or similar business involving renting out all or part of the dwelling for a temporary overnight stay to a paying third party. |
HOMEOWNERS’ ASSOCIATION (HOA): | A legal organization of property owners within a subdivision, planned community condominium or other grouping of homes and/or property that makes and enforces rules for the properties within the association. The County will not enforce homeowners’ association rules. The HOA will be in charge of enforcing all HOA rules. Kane County will only enforce applicable State and local laws and ordinances. |
HOSPITAL: | Institution for the diagnosis, treatment and care of human illness or infirmity. |
HOTEL: | Any structure consisting of one or more buildings with five (5) or more guestrooms kept, used, maintained or held out to the public to be a place where sleeping accommodations are offered for pay to transient guests for a period of thirty (30) days or less in which ingress and egress to and from all rooms is made through an inside lobby or office. |
HOUSEHOLD PETS: | Animals or fowl ordinarily permitted in the house kept for company or pleasure. |
IMPROVEMENT COMPLETION ASSURANCE: | A surety bond, letter of credit, financial institution bond, cash, assignment of rights, lien, or other equivalent security required by a county to guaranty the proper completion of infrastructure and other improvements lor an infrastructure improvement required as a condition precedent to: recording a subdivision plat; or development of a project. |
INDUSTRIAL HEMP: | Any part of a cannabis plant, whether growing or not, with a concentration of less than 0.3% tetrahydrocannabinol by dry weight. |
INDUSTRIAL HEMP LICENSE: | A license issued by the State of Utah Department of Agriculture to a person for the purpose of growing, cultivating, processing, or marketing industrial hemp or an industrial hemp product. |
INDUSTRIAL HEMP PRODUCT: | A product derived from, or made by, processing industrial hemp plants or industrial hemp parts. |
INTERNAL ACCESSORY DWELLING UNIT (IADU): | Accessory dwelling unit created: A. Within a primary dwelling unit; B. Within the footprint of the primary dwelling at the time the internal accessory dwelling unit is created; and C. For the purpose of offering a long-term rental of thirty (30) consecutive days or longer. |
IRRIGATED LAND: | Parcels that have surface or underground water diverted continuously or intermittently upon them for the production of crops or pasture, through the utilization of manmade improvements. |
JUNK: | Any discarded material, including, but not limited to, scrap metal, one or more abandoned, inoperable and/or unlicensed motor vehicles, machinery, equipment, paper, glass, containers and structures. |
JUNKYARD, COMMERCIAL: | Any place, establishment or business maintained, used or operated for storing, keeping, buying, or selling junk, including garbage dumps, sanitary landfills and salvage yards. |
KENNEL, COMMERCIAL: | Any facility regardless of location within the County involved in activities of commerce pertaining to the harboring, breeding, boarding, sheltering or holding of dogs, regardless of the number of animals. This definition shall also include privately owned kennels in which more than fifteen (15) dogs are housed. |
KENNEL, PRIVATE: | Premises on which the holding, private breeding or otherwise harboring or sheltering the maximum allowed household pets as designated in the appropriate applicable zone. |
LAND USE AUTHORITY: | A person, board, commission, agency or other body designated by the local legislative body to act upon a land use application. |
LARGE CONCENTRATED ANIMAL FEEDING OPERATION-HEAVY OR LARGE CAFO-HEAVY: | An animal feeding operation that stables or confines more than the number of animals specified in any of the following categories: A. 1,500 mature dairy cows, whether milked or dry; B. 2,500 veal calves; C. 2,500 cattle other than mature dairy cows or veal calves, with “cattle” including heifers, steers, bulls, and cow calf pairs; D. 5,000 swine each weighing 55 pounds or more; E. 15,000 swine each weighing less than 55 pounds; F. 1,000 horses; G. 15,000 sheep or lambs; H. 75,000 turkeys; I. 50,000 laying hens or broilers, if the animal feeding operation uses a liquid manure handling system; the animal feeding operation uses other than a liquid manure handling system; J. 200,000 chickens, other than laying hens, if K. 120,000 laying hens, if the animal feeding operation uses other than a liquid manure handling system; L. 50,000 ducks, if the animal feeding operation uses other than a liquid manure handling system; or M. 7,500 ducks, if the animal feeding operation uses a liquid manure handling system. |
LARGE CONCENTRATED ANIMAL FEEDING OPERATION-LIGHT OR LARGE CAFO-LIGHT: | An animal feeding operation that stables or confines numbers of animals within the number range specified in any of the following categories: A. 700-1,500 mature dairy cows, whether milked or dry; B. 1,000-2,500 veal calves; C. 1,000-2,500 cattle other than mature dairy cows or veal calves, with “cattle” including heifers, steers, bulls, and cow calf pairs; D. 2,500-5,000 swine each weighing 55 pounds or more; E. 10,000-15,000 swine each weighing less than 55 pounds; F. 500-1,000 horses; G. 10,000-15,000 sheep or lambs; H. 55,000-75,000 turkeys; I. 30,000-50,000 laying hens or broilers, if the animal feeding operation uses a liquid manure handling system; J. 125,000-200,000 chickens, other than laying hens, if the animal feeding operation uses other than a liquid manure handling system; K. 82,000-120,000 laying hens, if the animal feeding operation uses other than a liquid manure handling system; L. 30,000-50,000 ducks, if the animal feeding operation uses other than a liquid manure handling system; or M. 5,000-7,500 ducks, if the animal feeding operation uses a liquid manure handling system. |
LEGAL FENCE: | For the purposes of this chapter, a fence with not less than four (4) horizontal barriers, consisting of wires, boards, poles or other fence material in common use in the neighborhood, with posts set not more than twenty feet (20') apart. The lower barrier shall not be more than twelve inches (12") from the ground and the space between any two (2) barriers shall not be more than twelve inches (12"), and the height of the top barrier must be at least forty eight inches (48") above the ground, or standard or heavy duty, well anchored T-posts. Every post shall be so set as to withstand a horizontal strain of two hundred fifty (250) pounds at a point four feet (4') from the ground, and each barrier shall be capable of withstanding a horizontal strain of two hundred fifty (250) pounds at any point midway between the posts. |
LIVESTOCK: | Cattle, sheep, goats, swine, horses, mules, poultry, as defined in Utah Code, or any other domestic animal or domestic furbearer, raised or kept for profit. |
LIVESTOCK FEED YARD: | A commercial operation on a parcel of land where livestock are kept in high density corrals or yards and fed for an extended period of time. |
LODGES: | A building or dwelling with one or more rooms that are rented out by the day for not more than thirty (30) days by a single paying affiliated group of fifteen (15) or more individuals. |
LODGES, RESIDENTIAL: | A building or dwelling with one or more rooms that are rented out by the day for not more than thirty (30) days by a single paying affiliated group of fifteen (15) or more individuals, but not more than twenty four (24) individuals. In the case that the subject 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. |
LOT: | A parcel or unit of land described by metes and bounds and held or intended to be held in separate lease or ownership, or shown as a lot or parcel on a recorded subdivision plat, or shown on a plat used in the lease or sale or offer of lease or sale of land resulting from the division of a larger tract into two (2) or more smaller units. Such unit is intended to be occupied by a main building and such accessory uses as permitted in this title. |
LOT, CORNER: | Lot abutting on two (2) intersecting or intercepting streets where the interior angle of intersection or interception does not exceed one hundred thirty five degrees (135°). |
LOT COVERAGE: | Shall be calculated by taking the ground area of main and accessory buildings and dividing that total by the area of the lot. |
LOT, DEPTH: | The horizontal distance between the front and rear lot lines measured in the main direction of the side lot lines. |
LOT, INTERIOR: | A lot other than a corner lot. |
LOT LINES: | Property lines bounding the lot. |
LOT, RESTRICTED: | Any lot having particular problems in size, slope, contour or shape requiring special action of the Appeal Authority. |
MANUFACTURED HOME: | A transportable factory built housing unit constructed on or after June 15, 1976, according to the HUD Code, in one or more sections, that: a) in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or when erected on site, is four hundred (400) or more square feet; and b) is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems (see Utah Code 15A-1-302). |
MARIJUANA: | All species of the genus cannabis and all parts of the genus, whether growing or not; the seeds of it; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from them, fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. Any synthetic equivalents of the substances contained in the plant cannabis sativa or any other species of the genus cannabis which are chemically indistinguishable and pharmacologically active are also included. |
MEDICAL CANNABIS: | Cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form which medicinal dosage form is legal under the laws of the state of Utah, or any form of cannabis that is grown for the purpose of eventually manufacturing it in a medicinal dosage form which form is legal under the laws of the state of Utah. |
MOBILE HOME: | A manufactured dwelling built to be moved on its own wheels and built prior to 1976, not intended to be placed on a permanent foundation. |
MOBILE HOME LOT: | A lot within a mobile home park of a subdivision, designed and to be used for the accommodation of one mobile home. |
MOBILE HOME PARK: | A parcel designed and approved by the County for occupancy by mobile homes on a rental basis meeting all requirements of Kane County general plan and ordinances. |
MOBILE HOME SPACE: | Space within a mobile home park, designed and to be used for the accommodation of one mobile home. |
MODERATE INCOME HOUSING: | Housing occupied or reserved for households with a gross household income equal to or less than eighty percent (80%) of the median gross income for households of the same size in the County in which housing is located. |
MODULAR HOME: | A permanent dwelling structure which conforms to applicable Building Codes built in prefabricated units, which are assembled and erected on the site, or at another location and brought as a unit to the site. |
MOTEL: | A building or group of buildings providing five (5) or more guestrooms used for transient guests for a period of thirty (30) days or less in which access to each guestroom is provided directly through an exterior door or by an entrance connected to a covered hallway or walkway on the exterior/interior of the building. |
NATURAL HAZARD: | Risk; peril or danger in a state provided by nature without manmade changes. |
NATURAL WATERWAYS: | Areas varying in width along streams, creeks, springs, gullies or washes which are natural drainage channels as determined by the county engineer. |
NONCONFORMING BUILDING OR STRUCTURE: | Building or structure or portion thereof, lawfully existing at the time this title became effective which does not conform to all height, area and yard regulations herein prescribed in the zone in which it is located. |
NONCONFORMING USE: | Use which lawfully occupied a building or land at the time this title became effective and which does not conform to the use regulations of the zone in which it is located. |
NURSING HOME: | Institution providing residence and care for the aged or infirm. |
OFF SITE FACILITIES: | Improvements not on individual lots but which are generally within the boundaries of the subdivision which they serve. |
OFF STREET PARKING: | Parking stall access from a parking lot, not directly from a street. |
OPEN SPACE: | Space reserved as parks, courts, playgrounds, golf courses and other similar open areas and those areas reserved to meet the density requirements of planned unit developments. |
OVERLAY ZONE: | An area defined in any zone or combination of zones for a specific and defined protection and usage. |
PARCEL: | A distinct, continuous portion or tract of land not within a platted subdivision. |
PARK: | A playground or other area or open space providing opportunities for active or passive recreational or leisure activities. Excludes areas for motorcross, drag racing, shooting and similar activities. |
PARK MODEL RECREATIONAL VEHICLE: | A unit that: a) is designed and marketed as temporary living quarters for recreational, camping, travel, or seasonal use, b) is not permanently affixed to real property for use as a permanent dwelling, c) requires a special highway movement permit for transit, and d) is built on a single chassis mounted on wheels with a gross trailer area not exceeding four hundred (400) square feet in the setup mode. |
PARK, PUBLIC: | An area of land usually in a largely natural state for the enjoyment of the public having facilities for rest and recreation, often owned, set apart, and managed by a city, county, or state. |
PARKING LOT: | An open area, other than street, used for the temporary parking of more than four (4) automobiles and available for public use, whether free, for compensation or as an accommodation for clients, customers or employees. |
PARKING SPACE: | Space within a building, lot or parking lot for the parking or storage of one automobile. |
PERMANENT MONUMENT: | A structure of concrete, masonry and/or metal permanently placed on or in the ground, including those expressly placed for surveying reference. |
PERSON: | An individual, firm, association, organization, partnership, company or corporation or any legal entity entitled to own property. |
PLANNED UNIT DEVELOPMENT: | Development which may consist of integrated zones designed to allow residential, multi-residential, commercial, manufacturing uses in a combination allowing flexibility and initiative in site and building design and location. |
PUBLIC UTILITIES: | These include every common carrier, pipeline corporation, gas corporation, electrical corpora-tion, telephone corporation, and water corporation where the service is performed for or the commodity delivered to the public or any portion thereof. |
RECREATION AND ENTERTAINMENT, INDOOR: | An establishment offering recreation, entertainment or games of skill to the general public that is wholly enclosed in a building. Typical uses include bowling alleys, indoor theaters, bingo parlors, pool halls, billiard parlors, video game arcades, racquetball and handball courts, and amusement rides. |
RECREATION AND ENTERTAINMENT, OUTDOOR: | An establishment offering recreation, entertainment or games of skill to the general public or members wherein any portion of the activity takes place in the open. Typical uses include archery ranges, batting cages, golf driving ranges, drive-in theaters, miniature golf courses, tennis courts, and amusement rides. No use involving aircraft of any type is included in this definition. |
RECREATIONAL GROUNDS AND FACILITIES: | Land that is designed, constructed, designated, or used for outdoor recreational activities, including but not limited to national, state, county, or city parks, other outdoor recreational grounds or facilities such as golf courses, swimming pools, bodies of water (lakes, rivers, and streams) used for fishing, swimming, or boating, and areas that are used for hunting, birdwatching, bike riding, hiking, or other similar recreational uses, excluding primitive camping. |
RECREATIONAL VEHICLE: | Vehicle, such as a travel trailer, tent camper, camp car or other vehicle with or without motive power, designed and/or constructed to travel on the public thoroughfare for use as human habitation of a temporary and recreational nature. |
RECREATIONAL VEHICLE PARK: | An area or tract of land where lots are rented or held for rent to one or more owners or users of recreational vehicles for a temporary time as regulated further by this title. |
REHABILITATION/ TREATMENT FACILITY: | A facility licensed by or contracted by the state of Utah to provide temporary occupancy and supervision of individuals (adults/juveniles) in order to provide rehabilitation, treatment or counseling services. Without limitation, such services may include rehabilitation, treatment, counseling or assessment and evaluation services related to delinquent behavior, alcohol and drug abuse, sex offenders, sexual abuse or mental health. Associated educational services may also be provided to juvenile occupants. |
RESIDENCE, RESIDENTIAL FACILITY: | Any building or portion thereof where an individual is actually living at a given point in time and intends to remain, and not a place of temporary sojourn or transient visit. |
RESIDENTIAL FACILITY FOR ELDERLY PERSONS: | A dwelling unit that is occupied on a twenty four (24) hour per day basis by elderly persons in a family type arrangement. |
RESIDENTIAL FACILITY FOR PERSONS WITH A DISABILITY: | A residence in which more than one person with a disability resides. |
RESIDENTIAL USE: | Customarily includes overnight use of a room or rooms with independent facilities for sleeping combined with a private bath and/or a kitchen. |
RETAIL: | The activity of selling products and services to the public. |
ROOMER: | One who occupies a hired room in another’s house. |
A set of rules that govern and prescribe in a public meeting including parliamentary order and procedure, ethical behavior, and civil discourse. | |
SEXUALLY ORIENTED BUSINESSES: | An inclusive term used to describe collectively those businesses for which a sexually oriented business license is required, which types of businesses include, for purposes of this title, adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort, escort agency, massage parlor, seminude modeling studio, sexual encounter establishment, and any other business not described that has a dominant or principal theme that is sexually oriented. |
SHAPE FILES: | A GIS shape file is a file format used for storing geographic information data in GIS computer programs and databases, such as ArcGIS and ArcCatalog. The file extension for shape files is “.shp”. |
SHORT TERM OR VACATION RENTAL: | A detached single-family dwelling unit used as a transient lodging facility occupied at any time by less than ten (10) individuals of a single group on a temporary basis for less than thirty (30) days as an alternative to a hotel or motel. |
SIGNS: | See section 9-16-3 of this title and the Uniform Sign Code for definitions. |
SITE PLAN: | A schematic, scaled drawing of a building lot or location which indicates, as may be required by this title, the placement and location of yards, property lines, setbacks, adjacent parcels, utilities, topography, waterways, irrigation, drainage, landscaping, parking areas, driveways, buildings, trash containers, open storage, streets, sidewalks, curbs, gutters, signs, lighting, fences and other features of existing or proposed construction or land use.
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STABLE, PRIVATE: | A detached accessory building for the keeping of horses owned by the occupant of the premises and not kept for remuneration, hire or sale. |
STREET: | A public thoroughfare which affords principal means of access to abutting property in accordance with Kane County design standards. |
SUBDIVISION: | Any land that is divided, resubdivided or proposed to be divided into two (2) or more lots, parcels, sites, units, plots, or other division of land for the purpose, whether immediate or future, for offer, sale, or lease, or development either on the installment plan or upon any and all other plans, terms, and conditions and as further defined under Utah State Code section 17-27a-103(57), as amended. |
TINY HOMES: | A dwelling on a permanent foundation that is less than four hundred (400) square feet in size. If the tiny home structure is on a trailer, it is considered a recreational vehicle and falls under the regulations in chapter 6, article E of this title. |
TOURIST BASED COMPANIES: | An agency engaged in selling and arranging transportation, accommodations, tours, and trips for travelers. |
TOWNHOME: | Multi-unit building which is attached to one or more similar units by shared walls in which the owner own the land on which it sits. |
TRAILER, CAMPER: | A vehicle with or without motive power or wheels, designed to be used for human habitation. |
TRANSFERABLE DEVELOPMENT RIGHTS (BONUS DENSITY): | Transferring development rights from a “sending zone” to a “receiving zone”. The “sending zone” is an unincorporated area of the County that the Planning Commission designates as an area from which an owner of land may transfer development rights to their self to a contiguous “receiving zone”. “Receiving zone” means an unincorporated area of the County that the Planning Commission designates as an area in which an owner of land may receive transferable development rights. |
UNLICENSED REHABILITATION/TR EATMENT FACILITY: | A facility providing temporary occupancy for individuals (adult/juvenile) in order to provide rehabilitation, treatment or counseling services, which facility either does not require licensure by the State of Utah or does not operate under contract with the State of Utah. Without limitation, such services may include rehabilitation, treatment or counseling services related to delinquent behavior, alcohol and drug abuse, sex offenders, sexual abuse or mental health. |
USE, ACCESSORY: | A use subordinate and incidental to the main use of a building or land located upon the same lot or parcel. |
VETERINARY OR ANIMAL HOSPITAL: | A building and runs where large and/or small animals are kept and/or treated by a licensed veterinarian. |
ZONE: | An area as described on the zoning map or in this title. |
ZONING MAP: | A map, adopted as part of a Land Use Ordinance that depicts land use zones, overlays, or districts. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013; amd. Ord. 2014-15, 7-28-2014; Ord. 2014-19,9-22-2014; Ord. 2015-11, 7-27-2015; Ord. O-2016-13, 10-3-2016; Ord. 2016-16, 12-12-2016; Ord. O-2017-4, O-2017-14, 10-16-2017; Ord. O-2018-4, 5-15-2018; 6-26-2017; Ord. O-2018-6, 7-9-2018; Ord. O-2018-13, 9-24-2018; Ord. O-2019-2, 1-14-2019; Ord. O-2019-4, 3-25-2019; Ord. O-2019-5, 4-22-2019; Ord. O-2019-09, 5-14-2019; Ord. O-2019-23, 11-12-2019; Ord. O-2020-02, 1-28-2020; Ord. O-2021-21, 11-23-2021; Ord. O-2022-18, 4-26-2022; Ord. O-2022-42, 7-26-2022; Ord. O-2022-60, 11-22-2020; Ord. O-2023-06, 1-25-2023; Ord. O-2023-12, 4-25-2023; amd. Ord. O-2023-13, 11-28-2023; Ord. O-2024-11, 4-23-2024)
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Notes
| 1 | 1. UCA 17-27a-303. |
| 1 | 1. UCA 17-27a-303. |