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Kearns City Zoning Code

CHAPTER 19

28 SINGLE-FAMILY RESIDENTIAL ZONES

19.28.010 Purpose Or Provisions

The purpose of the Single-Family Residential Zones is to establish primarily single-family neighborhoods which provide persons who reside therein a comfortable, healthy, safe and pleasant environment.

HISTORY
Repealed & Replaced by Ord. Title 19 Kearns Zoning Ordinance on 6/26/2023

19.28.020 Schedule Of Permitted Uses

  1. Schedule of Permitted Uses. The specific uses listed in the following schedule are permitted in the zones as indicated, subject to the general provisions, special conditions, additional restrictions, and exceptions set forth in this Title.
  2. Procedure for Multiple Uses (Combination of Uses). If a development proposal involves a combination of uses other than accessory uses as identified in Table 19.28.020, the more restrictive provisions of this Title shall apply. For example, if a portion of a development is subject to conditional use (“C”) approval and the other portion is subject only to permitted use (“P) review, the entire development shall be reviewed and approved by the conditional use process.
  3. Abbreviations. The abbreviations used in the schedule mean:
    1. P = Permitted Use. This use is allowed in the zone but may be subject to additional restrictions and approval processes as provided in this Title.
    2. C = Conditional Use. This use is conditional because of the unique characteristics or potential impacts on the municipality, surrounding neighbors, or adjacent uses, incompatibility in some areas of the zone, or compatibility only if special provisions or conditions are required to mitigate the detrimental impacts of the use. The Planning Commission is the land use authority for uses with this designation.
    3. X = Prohibited Use. This use is prohibited in this zone. Any use not specifically identified in Table 19.28.020 is prohibited in this zone.

      Table 19.28.020 - Uses Allowed in the Single-Family Residential Zones.
      Use CategoriesR-1-3R-1-4R-1-5R-1-6R-1-7R-1-8R-1-10R-1-43
      RESIDENTIAL:







      Dwelling, Single FamilyPPPPPPPP
      Dwelling, Manufactured HomePPPPPPPP
      Residential Facilities for Elderly Persons or for Persons with a DisabilityPPPPPPPP
      ACCESSORY USES:







      Accessory Uses and Structures Subject to Section 19.28.050PPPPPPPP
      Accessory Dwelling Unit, Internal or Attached, subject to Section 19.42.030. XXXPPPPP
      Accessory Dwelling Unit, Detached, subject to Section 19.42.030.XXPPPPPP
      Guesthouse, the square footage of which must be less than one thousand two hundred square feetXXXXXXXP
      Home Occupations, subject to
      Chapter 19.42
      PPPPPPPP
      Home Day Care/Preschool, subject to Section 19.42.140PPPPPPPP
      Household Pets, not including kennelsPPPPPPPP
      Kennels, privateXXXPPPPP
      INSTITUTIONAL USES: 
            
      Parks/Open SpacePPPPPPPP
      Public Utilities, MajorCCCCCCCC
      Public Utilities, MinorPPPPPPPP
      Religious Institutions and UsesPPPPPPPP
      Schools, PublicPPPPPPPP
      Schools, Private/CharterCCCCCCCC
      Planned Unit Developments, subject to Chapter 19.18: 
            
      Condominium Conversion Planned Unit DevelopmentsPPPPPPPP
      Infill Development Planned Unit DevelopmentsCCCCCCCC
      Residential Neighborhood Planned Unit DevelopmentsCCCCCCCC
      Residential Community Planned Unit DevelopmentsCCCCCCCC
      Mixed Use Planned Unit DevelopmentXXXXXXXX
      Commercial Planned Unit DevelopmentsXXXXXXXX
      OTHER USES: 
            
      ApiaryXXXXXXXP
      Gardening for personal usePPPPPPPP
      Animals and Fowl for family food production established after the adoption date of this Ordinance.XXXXXXXP
      Residential Keeping of Chickens and Ducks (Domestic Fowl), subject to Chapter 19.42XXXXXXXP
      Bed and Breakfast InnXXXXXXXC
      Domestic FowlXXXPPPPP
      Child Care, Residential and Licensed FamilyPPPPPPPP
      Fences, walls and hedges subject to Section 19.28.070PPPPPPPP
      Short Term RentalsXXXXPPXX
      Sportsmen’s Kennel (one-acre
      minimum lot area)
      XXXXXXXC
      Temporary Construction Office associated with a permitted development projectPPPPPPPP
HISTORY
Repealed & Replaced by Ord. Title 19 Kearns Zoning Ordinance on 6/26/2023
Amended by Res. 2023-10-02 on 10/12/2023

19.28.030 Lot Area, Width And Maximum Density

  1. The minimum lot area and width requirements and maximum density are as follows:

    Table 19.28.030 - Lot Area, Width and Yard Requirements.
    ZoneMinimum Lot AreaMinimum Lot WidthMaximum Density
    R-1-33,000 Square Feet35 feet at a distance 20 feet from the front lot line11.0 Units per acre
    R-1-44,000 Square Feet40 feet at a distance 20 feet from the front lot line9.0 Units per acre
    R-1-55,000 Square Feet50 feet at a distance 20 feet from the front lot line7.0 Units per acre
    R-1-66,000 Square Feet60 feet at a distance 25 feet from the front lot line6.0 Units per acre
    R-1-77,000 Square Feet65 feet at a distance 25 feet from the front lot line5.0 Units per acre
    R-1-88,000 Square Feet65 feet at a distance 25 feet from the front lot line4.5 Units per acre
    R-1-1010,000 Square Feet80 feet at a distance 30 feet from the front lot line4.0 Units per acre
    R-1-4343,560 Square Feet100 feet at a distance 30 feet from the front lot line1.0 Units per acre
  2. Density for Planned Unit Developments. The allowable density for PUDs shall be determined by the Planning Commission on a case-by-case basis, taking into account the following factors: recommendations of county and non-county agencies; site constraints; compatibility with nearby land uses; and the provisions of the applicable General Plan. Notwithstanding the above, the Planning Commission may not approve a PUD with density higher than the that enumerated in Table 19.28.030.
HISTORY
Repealed & Replaced by Ord. Title 19 Kearns Zoning Ordinance on 6/26/2023

19.28.040 Primary Structure Development Standards

The following development standards apply to all primary residential and non-residential structures.

  1. Required Yards:
    1. Dwellings: The minimum yard requirements for a primary residential dwelling are as follows:

      Table 19.28.040A - Primary Residential Dwelling Setbacks.
      ZoneFront YardSide Yard, Interior Side Yard, Corner Lot
      Rear Yard
      R-1-3, R-1-4, R-1-520 Feet5 Feet120 Feet20 Feet3
      R-1-6, R-1-7, R-1-825 Feet8 Feet or 11/5 split2
      20 Feet
      25 Feet3
      R-1-1030 Feet10 Feet20 Feet30 Feet3
      R-1-4330 Feet15 Feet20 Feet30 Feet3
      1 Unless attached to a dwelling on an adjacent lot.
      2 Five feet (5’) on one side and eleven feet (11’) on the garage or driveway side.
      3 Homes with a garage existing prior to the adoption of this ordinance may maintain a fifteen-foot (15’) rear setback.
    2. The minimum yard requirements for a primary building other than residential are as follows:

      Table 19.28.040B - Non-Residential Primary Building Setbacks.
      ZoneFront Yard
      Side Yard
      Rear Yard
      R-1-3, R-1-4, R-1-520 Feet20 Feet20 Feet
      R-1-6, R-1-7, R-1-825 Feet
      20 Feet
      25 Feet
      R-1-10, R-1-4330 Feet20 Feet30 Feet
    3. Projections into Required Yards. Some structures may be erected or projected into required yards, as specified in Chapter 19.46, Site Development Standards.
  2. Building Height. Except as otherwise specifically provided in this Title, no building or structure may exceed the following height:
    1. Thirty feet (30’) on property where the slope of the original ground surface exceeds fifteen percent (15%), or the property is located in the hillside protection zone. The slope shall be determined using a line drawn from the highest point of elevation to the lowest point of elevation on the perimeter of a box which encircles the foundation line of the building or structure. Said box shall extend for a distance of fifteen feet (15’) or to the property line, whichever is less, around the foundation line of the building or structure. The elevation shall be determined using a certified topographic survey with a maximum contour interval of two feet (2’).
    2. Thirty-five feet (35’) on properties other than those listed in Subsection 19.28.050(B)(1).
    3. No dwelling shall contain less than one (1) story or more than two (2) stories except as part of a PUD, subject to Chapter 19.18.
HISTORY
Repealed & Replaced by Ord. Title 19 Kearns Zoning Ordinance on 6/26/2023

19.28.050 Accessory Structure Development Standards

  1. Accessory Structure Location and Setback Requirements. The location and minimum setback requirements for an accessory structure in a single-family residential zone are as follows:
    1. Accessory structures shall be located in the side or rear yard and at least six feet (6’) away from the dwelling. No accessory structure may be located within the required front yard or between the primary building and a street.
    2. Accessory structures shall be located at least one foot (1’) from an interior side property line, measured from the nearest portion of the structure, including eaves and overhangs. When the accessory structure is located in a side yard between two existing primary buildings, the accessory structure must be located at least five feet (5’) from the property line.
    3. Accessory structures shall be located at least twenty feet (20’) from a street facing side property line. No accessory structure may be located between the primary building and a street.
    4. Accessory structures shall be located at least one foot (1’) from the rear property line, except that when the rear yard is adjacent to the side yard of an adjacent lot, the minimum setback is ten feet (10’) from the adjoining side yard.
    5. No part of any accessory structure may be placed within one foot (1’) of the property line, including eaves, cantilevers and other protrusions from the structure.
  2. Accessory Structure Height Requirements.
    1. No building which is accessory to a single-family dwelling may exceed twenty feet (20’) in height. For each foot (1’) of height over fourteen feet (14’), accessory structures shall be set back from the side and rear property lines an additional foot (1’) to allow a maximum height of twenty feet (20’).
HISTORY
Repealed & Replaced by Ord. Title 19 Kearns Zoning Ordinance on 6/26/2023

19.28.060 Lot Coverage

  1. No combination of buildings, including accessory structures and other structures, shall cover more than forty percent (40%) of the area of the lot or parcel of land.
  2. No accessory structure or group of accessory structures shall cover more than twenty-five percent (25%) of the rear yard.
  3. The combined coverage area of all impervious surfaces, including buildings, driveways, paved walkways, patios and other structures, may not exceed 60% of the area of the lot.
HISTORY
Repealed & Replaced by Ord. Title 19 Kearns Zoning Ordinance on 6/26/2023
Amended by Ord. 2024-05-03 on 5/20/2024

19.28.070 Fencing Standards

  1. The term “fence” includes any tangible barrier, latticework, screen, wall, hedge, or continuous growth of shrubs or trees with the purpose of, or having the effect of, preventing passage or view across the fence line. Notwithstanding the provisions of this section, a fence, wall, screen, hedge, or other material serving as a fence, may not create a sight distance hazard to vehicular or pedestrian traffic as determined by the Municipal Engineer.
    1. Front Yard/Side Yard: A fence made of materials which are sight obscuring may be built to a maximum of three feet (3') in any required front/side yard perimeter. A fence made of materials which are not sight obscuring (at least fifty percent (50%) open) may be built to a maximum of four feet (4') in any required front/side yard. If an existing home is located on the property, the front/side yard perimeter is measured from the front property line to the front edge of the existing home. The fencing may slope upward to connect with a higher rear yard fence. The length of a sloped fence section may not exceed ten feet (10').
    2. Rear Yard: A fence in a rear yard may be built to a maximum of seven feet (7'). If an existing home is located on the property, the rear yard perimeter is measured from the front edge of the existing home to the rear property line.
    3. Corner Lots: A fence not more than seven feet (7') high may be constructed in the rear yard as defined in subsection B, “Rear Yard”, of this section adjacent to a public street on a corner lot, if it does not obstruct clear view of intersecting streets as defined in Chapter 19.46.
    4. Grade Differences: Where there is a difference in the grade of the properties on either side of a fence, wall or other similar structure, the height of the fence shall be measured from the natural grade of the property upon which it is located.
    5. Retaining Walls: Where a retaining wall protects a cut below or a fill above the natural grade and is located on the line separating lots or properties, such retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed.
    6. Double Frontage Lots: A fence or wall may be erected in the rear yard of a double frontage lot.
    7. Fire Hydrants and Mailboxes: Fire hydrants and mailboxes shall be accessible from the public streets and may not be enclosed behind fences. The location of the fire hydrant shall be in accordance with the Uniform Fire Code.
    8. Exceptions: The provisions of this Section may not apply to certain other fences including tennis court backstops or patio enclosures as approved by the Planning Commission, if it is determined that the fences do not create a hazard or violation of other sections of the municipal ordinances.
    9. Sidewalk Setback: If a sidewalk or paved trail exists parallel to the fence, the fence shall be setback at least twelve inches (12”) from the back of the sidewalk. The area between the fence and sidewalk shall be landscaped or covered with mulch, bark, gravel or landscape rocks and include a weed barrier.
HISTORY
Repealed & Replaced by Ord. Title 19 Kearns Zoning Ordinance on 6/26/2023

19.28.080 Additional Standards

It is the responsibility of the applicant to comply with all other standards of Title 18 and other municipal ordinances, including, without limitation:

  1. Chapter 19.46: Site Development Standards
  2. Chapter 19.48: Off-Street Parking and Mobility
  3. Chapter 19.50: Landscaping
HISTORY
Repealed & Replaced by Ord. Title 19 Kearns Zoning Ordinance on 6/26/2023

Title 19 Kearns Zoning Ordinance

2023-10-02

2024-05-03