21-5 Modifying Regulations

A. All processing assembly of goods shall be conducted completely within a building that is enclosed on all four (4) sides, unless otherwise specified by conditional use permit. B. All buildings which house the processing and/or assembly of goods shall be located not less than one hundred (100) feet from any residential zone boundary. C. New Outdoor storage of materials or semi-finished or finished goods shall be located not less than one hundred (100) feet from any residential zone boundary. All storage areas shall be enclosed by an approved fence or wall outlined in the Land Use Ordinance Chapter 4-16 fencing regulations. D. Limitations of Buildings Used for Retail Businesses. 1. Findings: The Kanab City Council makes the following findings: a. One main intention of the Kanab City Council is limiting the gross floor area of buildings used for retail business is to incorporate those goals and directives of the Kanab City General Plan, including but not limited to those specific directives and provision which identify the importance of and intentions surrounding the City Center addressed in said General Plan. b. The Kanab City Council adopted the Kanab City General Plan to guide direct future development and land use decisions in Kanab City. c. The Kanab City Council evidences the community's goals and objectives for the future of Kanab City and identifies the old town as the heart of the community and makes the development and preservation of the City Center critical to the General Plan's vision for Kanab City's future. 2. Gross Floor Limitation Zone. Retail establishments shall not exceed 40,000 square feet of gross floor area within the Zone. No retail establishment shall be permitted to place anyone building or any combination of buildings that exceed 40,000 square feet within said Zone. In no event shall any retail establishment, corporation, business, or entity have one or more buildings on adjoining parcels wherein the building or buildings would exceed a total of 40,000 square feet. Attempts to circumvent or exceed this maximum 40,000 square feet shall be strictly prohibited except as allowed in a CPD Zone. 3. Definitions. The following definitions shall apply to this section: Retail Establishments - Retail business or businesses, conducted in two or more buildings where the retail business or businesses: are engaged in the selling of similar or related goods, wares or merchandise, and operate under Common Ownership or Management, or Share check stands, storage facilities, a warehouse, or a distribution facility, or Otherwise operate as associated, integrated or cooperative business enterprises under Common Ownership or Management. Combination of Buildings - Two or more buildings that are on adjoining parcels as measured from the outside exterior wall of two of the buildings. Common Ownership or Management - Owned, leased, possessed, managed or otherwise controlled in any manner, directly or indirectly, by the same individual(s) or entity(ies) including but not limited to corporation(s), partnership(s), limited liability companies or trusts where such individual(s) or entity(ies) have a controlling ownership or contractual right with the other individual(s) or entity(ies) with respect to the Retail Businesses, or where the same individual(s) or entity(ies) act in any manner as an employee, owner, partner, agent, stockholder, director, member, officer or trustee of the entity(ies). Gross Floor Area - the sum of: the total horizontal area, in square feet, of all floors of a building, as measured at outside the exterior walls and excluding all interior courtyards as described below; and the total horizontal area, in square feet, of all floors of all portions of the site outside of the exterior walls of buildings used for the display, storage, or sale of any goods, ware or merchandise. For the purpose of this section an interior courtyard means a space bounded on three or more sides by walls but not a roof. Retail Business - A business engaged in the sale of goods to individual consumers, usually in small quantities and not to be placed in inventory for resale. Adopted January 22, 2008; Revised April 8, 2025 A Retail Business does not include: health centers, governmental uses, community centers, theaters, or religious or fraternal uses, or a business where retail sales are an incidental or accessory use to the primary use. This definition shall not include churches, public schools, hospitals, public civic centers or public recreational facilities, or other facilities owner by or operated strictly for the benefit of the public Permitted and Conditional Uses LAND USE CHART INDUSTRIAL Adult Entertainment/Retail Aerospace Equipment Agricultural Crop Sales (Farm Only) Airport and Facilities Airport Support Facility Amusement Park Antique / Secondhand Store Apparel / Accessory Store Apparel / Textile Products Arcade (Games/Food) Auto / Boat Dealer Auto Rental / Sales Auto Repair Auto Service Auto Supply Store Auto Wrecking Batch Plants Beauty Salon Biomedical Product Facility Cement Plant Cemetery Chemical / Petroleum Products College / University Commercial / Industrial Machinery Commercial Marine Supply Communications Facility Computer / Office Equipment Conference / Convention Center Construction / Trade ZONES M1 M2 - C P P - P - C P P - C P - - P - - P P P - - P P P P P P P P P P - c - c P - - P P - c P P - - C P P - P P P P P P P P P P - P P Permitted and Conditional Uses LAND USE CHART INDUSTRIAL Church Day Care I (under 6 children) Day Care II (over 6 children) Department / Variety Store Drive-In Theater Drug Store Dry Cleaner Electronic Assembly Elementary – Jr. High Espresso Stand Fabric Store Fabricated Metal Products Restaurant Financial Institution Florist Shop Food Processing Food Store Forest Products Funeral Home/Crematory Furniture / Fixtures Furniture Store Gasoline / Service Station General Repair Golf Course Hardware / Garden Material Health Club Heavy Equipment Rental and Repair High School ZONES M1 M2 P P P -P -P -- - C P -P PP P P PP -P -C P P P P -P -- C P -- P P PP P P -P P C C P PP P P PP P P P- Permitted and Conditional Uses LAND USE CHART INDUSTRIAL Hobby / Toy Store Hospital Hotel / Motel / Extended-Stay Jewelry Store Kennel/Public Landscaping Business Laundromat Library Liquor Store Medical / Dental Lab Media Material Misc. Equipment Rental Facility Miscellaneous Health Misc. Light Manufacturing Motor Freight Repair Museum Office / Outpatient Clinic Paper Products Park Pet Store Photographic and Electronic Store Police / Fire Facility Printing / Publishing Primary Metal Industry Professional Office Public / Private Parking Public / Private Stable ZONES M1 M2 P -P -P -P -C P - PP P PP -P P P PP P- P P PC P - P P -P -P P P PP -P -P P P P P P P PP P - P Permitted and Conditional Uses LAND USE CHART INDUSTRIAL ZONES M1 M2 Recreational Center Recycling Products Residential Incidental to the Primary Use of the Business Retail Food Shop Rubber / Plastic / Leather / Mineral Products Secure Community Transition Facility Self-Service Storage Social / Public Agency offices Specialized Instruction School Sporting Goods and Related Stores Stadium / Arena Tavern Textile Mill Theater Tire Re-treading Towing Operation Truck Terminal Utilities / Substation Veterinary Clinic / Large Animal Veterinary Clinic / Small Animal Vocational School Warehouse / Storage Winery / Brewery Wireless Telecommunications Wood Products Zip Lines P P- C P P P P- C - C P P P -- P P P -- - C - C - P P P- - - P P - P P P P P P P P P- P P P P P P C P - C Adopted January 22, 2008; Revised April 8, 2025 See Also Chapter 4 Supplementary Regulations