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Commission debates reducing conditional use permits for building heights; asks attorney to draft ordinance language
Summary
Kane County commissioners discussed converting height approvals from conditional use permits to permitted uses with clear height caps. Options discussed included a 35‑ft flat roof limit and pitch exceptions raising the limit to 49 ft; staff and attorney will draft language and return to Planning Commission as needed.
Commissioners spent an extended portion of the meeting debating whether roof‑height decisions should remain subject to conditional use permits (CUPs) or instead be handled through clearer permitted‑use height limits. Staff and the county attorney pointed to training and prior court challenges where vague CUP language caused legal risk; several commissioners said predictable, published standards could reduce litigation and uncertainty.
The board discussed a default 35‑foot maximum for flat roofs with pitched‑roof exceptions up to 49 feet (one commissioner proposed 45 feet in some cases) and whether narrow decorative elements should be permitted above the cap. Jeff Scott, the county attorney, said the county’s long history of CUPs gave rise to the concern. “When I was with Kanab City...the recommendation has been to remove as many conditional use permits as possible and try to get to permitted uses as much as possible,” he said. Commissioners directed the attorney to draft ordinance language (including definitions of height, pitch and permitted narrow features) and return to the Planning Commission for review on story/height provisions.
