This Title is known as “The Zoning Ordinance of Kearns“ and shall be referred to herein as “the Ordinance”, “this Ordinance”, or “Kearns Zoning Ordinance”.

The Zoning Ordinance of Kearns is organized into five articles:

1. Article I, “General Provisions” comprising Chapters 19.02 – 19.10, addresses:
   1. The organization and purpose of the Ordinance, together with definitions and enforcement procedures; and
   2. The criteria for addressing nonconforming uses, as well as procedures for analyzing takings.
2. Article II, “Administration” comprising Chapters 19.12 – 19.20, addresses:
   1. The process for applying for various types of land use and land development permits, and the procedures for amending the General Plan, amending the Ordinance, and petitioning for zone changes;
   2. The roles of each administrative body in the land use and development process; and
   3. The administrative processes relating to planned unit developments.
3. Article III, “Zone Regulations” comprising Chapters 19.22 – 19.40, addresses the regulations for each zoning district, including the permitted or conditional land uses and densities that are allowed in each zone.
4. Article IV, “Specific and Temporary Use Standards,” comprising Chapters 19.42 – 19.44, addresses standards that are specific to the activity or use of a given property, including standards for long-term as well as temporary uses.
5. Article V, “Development Standards,” comprising Chapters 19.46 – 19.64, addresses:
   1. General standards applicable to the development of land;
   2. Standards particular to a development district or overlay zone; and
   3. Infrastructure, site design, signs, additional building standards (mass, height, setbacks), and natural conditions (such as slope, soils, drainage, etc.).

1. The Ordinance is intended to promote the health, safety, morals, order, prosperity, and welfare of the inhabitants of Kearns which includes:
   1. Reducing congestion on the streets and roads;
   2. Securing safety from fire and other dangers;
   3. Protecting the quality of light and air;
   4. Classifying land uses, development, and utilization;
   5. Protecting the tax base;
   6. Securing efficiency in governmental expenditures;
   7. Fostering agriculture and economic development;
   8. Protecting both urban and nonurban development; and
   9. Balancing private property rights with public purposes.

1. Territorial Application. All land and parcels of real property within the jurisdictional limits of Kearns are covered by the provisions of this Ordinance.
2. General Applicability.
   1. Except where specific exemptions have been granted for nonconforming uses, noncomplying structures, or lots of record, the regulations contained in this Ordinance apply to all uses, structures, and parcels of real property, including those recorded prior to the enactment of this Ordinance.
   2. Every dwelling shall be located and maintained on a lot, as defined in this Ordinance. Except for approved detached accessory dwelling units, dwelling groups, and guest houses, not more than one (1) dwelling structure may occupy one (1) lot.
3. General Prohibition. No portion or whole of any structure or land may be used, occupied, constructed, moved, enlarged, or structurally altered except as provided by this Ordinance. Land needed to meet the width, yard, area, coverage, parking or other requirements of this Title for a lot or building shall not be sold or conveyed away from such lot or building.
4. Private Agreements. This Ordinance is not intended to enforce any private agreement or covenant. If this Ordinance is more restrictive than a private agreement or covenant, this Ordinance prevails.
5. Other Laws and Regulations. This Ordinance controls over less restrictive State or municipal statutes, ordinances or regulations.

1. In those instances where this Ordinance conflicts with previously applicable zoning regulations, the following rules apply.
   1. Previously Approved Lots.
      1. The requirements of this Ordinance as to minimum lot area or lot width shall not be construed to prevent the use of any lot or lot of record for a land use listed as a permitted use in the underlying zone, provided that:
         1. The use and development standards set forth in Articles IV and V of this Ordinance are followed; and
         2. The lot was legally divided according to the applicable laws at the time of division and was held in separate ownership no later than the effective date of an ordinance under which the lot would not meet the minimum lot area or width.
   2. Previously Issued Building Permits. If a building permit for a structure was lawfully issued prior to the effective date of this Ordinance or any amendments to this Ordinance, and if construction has begun within one-hundred and eighty (180) days of the issuance of that permit, the structure may be completed in accordance with the plans on the basis of which the building permit was issued and upon completion may be occupied under an occupancy permit for the use originally intended. Previously Granted Approvals.
      1. All approvals granted prior to the effective date of this Ordinance remain in full force and effect. The recipient of the approval may proceed to develop the property in accordance with the approved plans and any applicable conditions.
      2. If the recipient has failed to act on an approval before the approval expires, including any periods of extension granted, the provisions of this Ordinance control.

If any provision of this Ordinance is adjudged by any court of competent jurisdiction to be invalid, that judgment does not affect, impair, invalidate or nullify the remaining provisions of this Ordinance. The effect of the judgment is confined to the provision immediately involved in the controversy in which the judgment or decree was rendered.