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Kearns City Zoning Code

CHAPTER 19

30 MEDIUM AND HIGH-DENSITY RESIDENTIAL ZONES

19.30.010 Purpose Of Provisions

The purpose of the medium and high-density residential zones is to promote a mix of housing opportunities combined with some limited commercial opportunities. It is the intent of the medium and high-density housing zones to be located in walkable and transit-oriented areas that allow for a wide range of amenities and businesses in close proximity.

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Repealed & Replaced by Ord.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

19.30.020 Establishment Of Medium And High-Density Residential Zones

To anticipate and respond to the changing needs of the municipality and implement housing choice and walkability concepts included in the adopted General Plan, including the vision of the Moderate Income Housing Opportunities Character Area, Kearns establishes the following zones:

  1. Two-Family Residential Zones (R-2): The R-2 Zones are intended to promote medium-density middle housing options between one and two (1-2) units per building.
  2. Four-Family Residential Zones (R-4): The R-4 Zones are intended to promote medium-density middle housing options between one and four (1-4) units per building. Multiple buildings may be located on one lot; however, lots with multiple buildings are encouraged to establish a PUD as part of the development process. Medium-density housing will serve as a transition between higher-density commercial, residential, or mixed-used and low-density residential or single-family.
  3. Multi-Family Residential Zone (RM): The RM Zone is intended to promote medium and high-density residential housing of greater than four (4) units. Development projects in this zone should accommodate multi-modal transportation opportunities, open space, amenities for units, limited commercial uses, and provide buffering between high-density and low-density housing.
HISTORY
Repealed & Replaced by Ord. Title 19 Kearns Zoning Ordinance on 6/26/2023

19.30.030 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 19.30.030, 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 19.30.030 is prohibited in this zone.

      Table 19.30.030: Schedule of Permitted Uses.
      Use CategoriesR-2-6.5R-2-8R-2-10R-4-8.5RM
      Residential: 

        
      Accessory StructuresPPPPP
      Dwelling, Single-FamilyPPPPX
      Dwelling, Single-Family AttachedPPPPP
      Dwelling, Accessory InternalPPPPP
      Dwelling, Accessory DetachedXXXXP
      Dwelling, DuplexPPPPP
      Dwelling, Tri-plexXXXPP
      Dwelling, Four-plexXXXPP
      Dwelling, Multi-Family (5 dwellings or more)XXXCC
      Residential Facility for Persons with a disability subject to 19.42.250PPPPP
      Residential Facility for Elderly PersonsPPPPP
      Commercial:


        
      Bed and BreakfastXXXPP
      Home Occupation subject to Section 19.42.180PPPPP
      Home Daycare/Preschool subject to Section 19.42.140.PPPPP
      DaycareXXXPP
      Restaurants, Retail and Service Commercial, and Retail Shops or Galleries where Primary Product is Produced On-Site DXXXXP
      Short-term RentalsXXXXX
      Planned Unit Developments, subject to Chapter 19.18: 

        
      Condominium Conversion Planned Unit DevelopmentsPPPPP
      Infill Development Planned Unit DevelopmentsXXCCC
      Residential Neighborhood Planned Unit DevelopmentsXXXCC
      Residential Community Planned Unit DevelopmentsXXXXX
      Mixed Use Planned Unit DevelopmentCCCCC
      Commercial Planned Unit DevelopmentsXXXXX
      Other: 

        
      Public or Quasi-Public UsePPPPP
      Shared ParkingPPPPP
      Rail Transit Mixed-useXXXXP
      Public Park and Open SpacePPPPP
      Private Park and Recreational GroundsXPPPP
      Temporary Buildings Incidental to Construction Work, and Other Temporary Buildings PPPPP
  4. Restaurants, Retail and Service Commercial, and Retail Shops or Galleries where Primary Product is Produced On-Site: these uses are allowed with limitation in the RM Zone as follows:
    1. Such uses are only permitted within two-hundred and fifty feet (250’) of a fixed-route bus stop.
    2. The gross floor area of any building or portion thereof that contains a Restaurant, Retail and Service, or Retail Shop and Gallery use may not exceed five thousand square feet (5,000 sq. ft.).
HISTORY
Repealed & Replaced by Ord. Title 19 Kearns Zoning Ordinance on 6/26/2023

19.30.040 Development Standards

Development in the R-2, R-4, and RM Zones shall comply with the development standards of Table 19.30.050 and all other applicable standards in this Title.

Table 19.30.040: Development Standards.
ZoneR-2-6.5R-2-8R-2-10R-4-8.5RM
Min. Project Area, Single Family Dwelling (Detached)6,000 Sq Ft6,000 Sq Ft6,000 Sq Ft5,000 Sq FtNot Permitted
Minimum Lot Width, Single Family Dwelling (Detached)60’60’60’50’Not Permitted
Min. Project Area, 2+ Family Dwelling3,250 Sq. Ft. per dwelling3,250 Sq. Ft. per dwelling3,250 Sq. Ft. per dwelling2,500 Sq. Ft. per dwelling2,000 Sq. Ft. per dwelling
Min. Project Area, Single Family Dwelling (Attached)2,500 Sq. Ft. per dwelling2,500 Sq. Ft. per dwelling2,500 Sq. Ft. per dwelling2,100 Sq. Ft. per dwelling2,100 Sq. Ft. per dwelling
Minimum Lot Width, Single Family Dwelling (Attached)25 Feet25 Feet25 Feet22 Feet20 Feet
Minimum Lot Width, 2+ Family Dwelling60 Feet60 Feet60 Feet50 Feet45 Feet
Maximum Density, Planned Unit Development A12 Dwelling Units per Acre14 Dwelling Units per Acre16 Dwelling Units per Acre20 Dwelling Units per Acre30 Dwelling Units per Acre
  1. Density for Planned Unit Developments. The allowable density for planned unit developments is determined by the Planning Commission on a case-by-case basis, taking into account the following factors: recommendations of the Planning and Development Services staff and reviewing agencies; site constraints; compatibility with nearby land uses; and the provisions of the adopted General Plan. Notwithstanding the above, the Planning Commission may not approve a PUD with density higher than that which is enumerated in Table 19.30.040.
  2. Calculating Density. Density calculations are based on gross density. Gross density is defined as the total number of residential dwelling units divided by the gross area of the parcel in question.
HISTORY
Repealed & Replaced by Ord. Title 19 Kearns Zoning Ordinance on 6/26/2023

19.30.050 Required Yards, Setbacks, And Bulk

Development in the R-2, R-4, and RM Zones that is not part of an approved PUD shall comply with the yard, setback, and bulk standards shown in Table 19.30.050 and all other applicable standards in this Title.

Table 19.30.050: Yard and Bulk Regulations.

R-2-6.5R-2-8R-2-10R-4-8.5RM

Minimum Yards, Residential Uses
Minimum Front Yard15 Feet20 Feet20 Feet20 Feet15 Feet
Minimum Side Yard (See Subsection A)0 Feet / 5 Feet0 Feet / 5 Feet0 Feet / 5 Feet0 Feet / 5 Feet0 Feet / 5 Feet
Minimum Side Yard, Facing a Public Street20 Feet20 Feet20 Feet20 Feet20 Feet
Minimum Setback from a Street Facing Garage to a Sidewalk, Trail, or Edge of Pavement20 Feet25 Feet25 Feet25 Feet20 Feet
Minimum Rear Yard15 Feet15 Feet15 Feet15 Feet15 Feet
Maximum Height 35 Feet35 Feet35 Feet35 Feet50 Feet
Maximum Lot Coverage40%40%40%40%50%
Minimum Rear Yard, With Garage15 Feet15 Feet15 Feet15 Feet16 Feet
  1. There is no minimum side yard requirement where property lines are drawn along a shared wall.
  2. Distance between Primary Buildings.
    1. Where dwelling units share a common wall, no setback is required.
    2. On lots with more than one primary building, the minimum distance between primary buildings is subject to Table 19.30.050B. It is intended that if lots with more than one primary building are ever subdivided, each building shall have a side yard equal to or greater than half of the required distance between buildings or the current standard for side yards as specified in the underlying zone. In the event that regulations conflict for side yards, the stricter requirement shall take precedence.

      Table 19.30.050B: Minimum Distance Required Between Primary Buildings.

      Single Family Attached or DetachedTwo-FamilyThree- or Four-FamilyMulitplex (Five or More Families)
      Minimum Yards, Residential Uses
      Minimum Distance Between Primary Buildings10 Feet10 Feet16 Feet16 Feet
HISTORY
Repealed & Replaced by Ord. Title 19 Kearns Zoning Ordinance on 6/26/2023

19.30.060 Building Height

  1. Buildings in the R-2, R-4, and RM Zones shall comply with the height standards of Table 19.30.050 and all other applicable standards in this Title.
  2. No dwelling shall contain less than one story.
  3. Within one hundred feet (100’) of sites zoned for single-family residential, the following standards apply:
    1. On the portion of the site within one hundred feet (100’) of a site zoned R-1, no structure or portion thereof may exceed thirty-five feet (35’) in height.  
    2. On the portion of the site within one hundred feet (100’) of a site zoned R-2, R-4, RM, or RMH no structure or portion thereof may exceed forty-five feet (45’) in height.  

Figure 19.30.060: Building Height Adjacent to Residential Zones.


Credit: MSD Planning and Development Services.

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

19.30.070 Accessory Structure Development Standards

  1. The minimum yard requirements for an accessory structure are as follows:

    Table 19.30.070: Accessory Structure Development Standards.
    ZoneR-2-6.5 R-2-8R-2-10R-4-8.5RM
    Side Yard1 Foot1 Foot1 Foot1 Foot1 Foot
    Side Yard, Facing a Public Street20 Feet20 Feet20 Feet20 Feet20 Feet
    Rear Yard1 Foot1 Foot1 Foot1 Foot1 Foot
    Setback from the Main Dwelling6 Feet6 Feet6 Feet6 Feet6 Feet
  2. No building which is accessory to a single-family or two-family dwelling may exceed twenty feet (20’) in height. For each one foot (1’) of height over fourteen feet (14’), accessory structures shall be set back from property lines an additional one foot (1’) up to the allowed maximum height of twenty feet (20’).
  3. No accessory structure or group of accessory structures shall cover more than twenty-five percent (25%) of the rear yard.

Figure 19.30.070B: Accessory Structure Standards.

Credit: MSD Planning and Development Services.

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

19.30.080 Subdivision And PUD Standards For Medium And High-Density Residential

  1. The division of land for single- and two-family projects is subject to the requirements of Title 18.
  2. All other subdivisions in the medium and high-density residential zones are subject to all requirements in Chapter 19.78 and platted via a PUD plat.
HISTORY
Repealed & Replaced by Ord. Title 19 Kearns Zoning Ordinance on 6/26/2023

19.30.090 Additional Standards

It is the responsibility of the applicant to comply with all other standards of Title 19 and all other municipal ordinances, including, without limitation:  

  1. 19.04 Definitions
  2. 19.18 Planned Unit Developments
  3. 19.58 Geologic Hazards Ordinance
  4. 19.48: Off-Street Parking and Mobility  
  5. 19.50: Landscaping and Screening
  6. 19.42: Specific Use Standards
  7. 19.52: Signs 
HISTORY
Repealed & Replaced by Ord. Title 19 Kearns Zoning Ordinance on 6/26/2023

Title 19 Kearns Zoning Ordinance