Commission adopts revisions to Land Use Ordinance Chapter 21 to comply with Utah code; CUP issues deferred

County planning staff and the county attorney presented a package of changes to Kane County Land Use Ordinance Chapter 21 to implement state code updates. Shannon McBride presented the staff draft and Rob (county counsel) reviewed legal changes and identified places that need cleanup; commissioners discussed multiple technical edits, the insertion of a new Article P and whether conditional use permits (CUPs) should remain with planning and zoning or be handled administratively by staff.

Commissioners debated provisions governing phased subdivisions and planned-unit developments, including whether subsequent phases may be submitted before infrastructure on prior phases is '100% complete and operable.' Staff said the provision is intended to protect buyers and reduce "babysitting" of unfinished phases; several commissioners suggested development agreements can provide flexibility and protective conditions for exceptions. Commissioners also discussed timeline compliance with a December 2024 statutory implementation requirement and confirmed staff support from the state-funded UAC compliance program. After debate,the commission voted unanimously to adopt Ordinance 2024-14 with agreed edits and directed staff to return with any final clarifications needed on CUP processes.

The ordinance was adopted by unanimous vote; commissioners said they will schedule a separate discussion on CUP administrative authority to avoid conflating issues with the immediate subdivision/timeline changes required by state law.