Kanab, Utah Ordinance

The purpose of this Ordinance is:

(1) To promote the health, safety, and general welfare of the residents of Kanab City.

(2) To promote the efficient and orderly growth of Kanab City.

(3) To provide policies, procedures, requirements and standards for the physical development of subdivisions of land, construction of buildings and improvements within Kanab City; including, but not limited to, the construction and installation of roads, streets, curbs, gutters, drainage systems, water and sewer systems, design standards for public facilities and utilities, accesses to public rights-of-ways and to establish fees and other charges for the authorizing of a subdivision.

(1) No person shall subdivide any parcel of land which is located wholly or in part in Kanab City except in compliance with this Ordinance. No person shall sell or exchange or offer to sell or exchange any parcel of land which is any part of a subdivision of a tract of land, nor offer for recording in the office of the County Recorder any deed conveying such parcel of land, or any interest therein, unless such subdivision has been created pursuant to and in accordance with the provisions of this Ordinance. This Ordinance shall not apply to any lot or lots forming a part of a subdivision created and recorded prior to the effective date of this Ordinance except as provided in Section 1-2(2) below.

(2) No lot within a subdivision created and recorded prior to the effective date of this Ordinance or approved by the Kanab City Planning Commission and Kanab City Council and recorded in the County Recorder's office under the provisions of this Ordinance shall be further divided, rearranged or reduced in area. The boundaries of any lot shall not be altered in any manner so as to create more lots than initially recorded, or any nonconforming lot, without first obtaining the approval of the Kanab City Planning Commission and the Kanab City Council as provided in this Ordinance.

(3) Unless waived by the Kanab City Planning Commission and the Kanab City Council, it shall be unlawful for any person to receive a building permit on the lot until all improvements including road base, pavements and utilities are installed in the subdivision which the building is to be constructed. There shall be no human occupancy of any building until the improvements have been accepted by Kanab City and the building and lot fully comply with the Subdivision and Zoning Ordinances of Kanab City. It shall be unlawful for any subdivider to sell any portion of an approved subdivision until the prospective buyer or builder has been advised that occupancy permits will not be issued until the improvements are completed.

(1) No person shall subdivide any parcel of land which is located wholly or in part in Kanab City except in compliance with this Ordinance. No person shall sell or exchange or offer to sell or exchange any parcel of land which is any part of a subdivision of a tract of land, nor offer for recording in the office of the County Recorder any deed conveying such parcel of land, or any interest therein, unless such subdivision has been created pursuant to and in accordance with the provisions of this Ordinance. This Ordinance shall not apply to any lot or lots forming a part of a subdivision created and recorded prior to the effective date of this Ordinance except as provided in Section 1-2(2) below.

(2) No lot within a subdivision created and recorded prior to the effective date of this Ordinance or approved by the Kanab City Planning Commission and Kanab City Council and recorded in the County Recorder's office under the provisions of this Ordinance shall be further divided, rearranged or reduced in area. The boundaries of any lot shall not be altered in any manner so as to create more lots than initially recorded, or any nonconforming lot, without first obtaining the approval of the Kanab City Planning Commission and the Kanab City Council as provided in this Ordinance.

(3) Unless waived by the Kanab City Planning Commission and the Kanab City Council, it shall be unlawful for any person to receive a building permit on the lot until all improvements including road base, pavements and utilities are installed in the subdivision which the building is to be constructed. There shall be no human occupancy of any building until the improvements have been accepted by Kanab City and the building and lot fully comply with the Subdivision and Zoning Ordinances of Kanab City. It shall be unlawful for any subdivider to sell any portion of an approved subdivision until the prospective buyer or builder has been advised that occupancy permits will not be issued until the improvements are completed.

Where unusual topographic or other exceptional conditions exist, the Kanab City Council may change the requirements of this Ordinance after receiving the recommendation of the Kanab City Planning Commission, provided that such changes will not substantially impair the intent of this Ordinance.

The following shall be exemptions to the Subdivision Ordinance:

(1) Land divided into parts the smallest of which is one hundred sixty (160) acres in area, or larger;

(2) Land divisions which are bona fide divisions or partitions of agricultural land for agricultural purposes, also commercial, industrial and manufacturing.

Unless the context requires otherwise, the following definitions shall be used in the interpretation and construction of this Ordinance. Words used in present tense include the future; singular number shall include the plural, and the plural the singular; the word "building" shall include the word "structure"; the words "used" or "occupied" shall include arranged, designed, constructed, altered, converted, rented, leased or intended to be used or occupied; the word "shall" is mandatory and not directory, and the word "may" is permissive; the word "person" includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual; the word "lot" includes words plot, or parcel. Words used in this Ordinance but not defined herein shall have the meaning as defined in any other Ordinance adopted by the Kanab City Council.

(1) Beginning of Construction - Grading or removal of any vegetation or earth from a site for construction of access routes or preparation for excavation of building pads or footings.

(2) Contiguous - A parcel of land or phase of a subdivision that joins another parcel of land or phase of a subdivision. Contiguous is not defined to mean joining at a point.

(3) Frontage, Block - All property fronting on one (1) side of the street between intersecting or intercepting streets or between a street and right-of-way, waterway, end of 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.

(4) Frontage, Lot - The lineal measurement of the front lot line.

(5) Campground - A parcel designated and approved by the Kanab City for occupancy by tents, trailers, motor homes or campers on a temporary basis.

(6) Garage, Repair - A building or portion thereof, other than a private garage used for servicing, repairing, equipping, hiring, selling, or storing motor driven vehicles.

(7) Body and Fender Shop - Facility for major vehicle repairs to body, frame or genders and including rebuilding.

(8) Grade

For buildings adjoining one (1) street only, the elevation of the sidewalk at the center of the wall adjoining the street;

For buildings adjoining more than one (1) street, the average of the elevations of the sidewalk at the centers of all walls adjoining the streets.

(9) 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 man-made improvements.

(10) Master Plan - A long policy plan prepared and adopted by the City Council of Kanab to guide City growth.

(11) Deleted

(12) Off-site Facilities - Improvements not on individual lots but generally within the boundaries of the subdivision which they serve.

(13) Official Map - The official map or maps adopted by Kanab City pursuant to the City zoning and planning enabling legislation.

(14) On-site Facilities - Construction or placement of the dwelling and its appurtenant improvements on a lot.

(15) Parcel of Land - Contiguous land owned by and recorded as the property of a person. Land in one ownership but physically divided by a public highway, road or street is considered contiguous under this definition.

(16) Person - A firm, association, organization, partnership, company or corporation or any legal entity entitled to own property as well as an individual.

(17) Plot Plan - Plat of a lot, drawn to scale showing such information as may be required by the Kanab City Planning Commission.

(18) Protection Strip - A strip of land between the boundary of a subdivision and street within the subdivision, for the purpose of controlling the access to the street by property owners abutting the subdivision.

(19) Streets - See Kanab City Design Standards

Street - a thoroughfare which has been dedicated and accepted by the City, which the City has acquired by prescriptive right or which the County owns, or offered for dedication on an approved final plat, or a thoroughfare which has been abandoned or made public by right of use land and which affords access to abutting property, including highways, roads, lanes, avenues and boulevards.

b. Street, Arterial - A street, existing or proposed, which serves or is intended to serve as a major traffic way and is designated on the master street plan as a controlled-access highway, major street, parkway, or other equivalent term to identify those streets comprising the basic structure of the street plan.

c. Street, Collector - A street, existing or proposed street which is the main means of access to the major street system.

d. Street, Local - A street, existing or proposed, which is supplementary to a collector street and of limited continuity which serves or is intended to serve the local needs of a neighborhood.

Street, Private - A thoroughfare within a subdivision which has been reserved by dedication unto the subdivider or lot owners to be used as private access to serve the lots platted within the subdivision and complying with the adopted design standards of Kanab City and maintained by the landowners within the subdivision by assessments authorized by recorded covenant. 

(20) Subdivider - Any person, developer, firm, corporation, partnership or association who causes land to be divided into a subdivision for himself or others.

(21) Subdivision - The division of any tract, lot or parcel of land into two (2) or more lots, plots, sites, or other divisions of land for the purpose, whether immediate of future of sale, lease, or of building development, provided that the term "subdivision" shall not apply to those divisions excepted or exempted in this Ordinance. The word "subdivide" and any other derivative thereof shall have reference to the word "subdivision" as herein defined.

(22) Vicinity Plan - A map or drawing to scale showing the physical relationship of the proposed development to existing or proposed streets, buildings and utilities; other relevant information such as special terrain or surface drainage; and existing zoning classification of all land within three hundred (300) feet of the property proposed for development.

(23) Zone Clearance - Assurance in writing by the Kanab City Building Inspector that a proposed activity is in compliance with existing Zoning regulations.