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Kearns City Zoning Code

CHAPTER 19

32 COMMERCIAL ZONES

19.32.010-Purpose Of Provisions

The purpose of the commercial zones is to provide places in the municipality for a wide range of commercial and retail trades and uses, offices, business and professional services, and other uses that contribute to the economic stability of the community and wellbeing of its employees and residents. The zones are intended to provide employment opportunities and expand the municipal tax base, while also encouraging sustainable development and providing an attractive transition between residential and non-residential uses.

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Repealed & Replaced by Ord.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

19.32.020 Establishment Of Commercial Zones

To anticipate and respond to the changing needs of our community and implement commercial node concepts included in the adopted General Plan, the following zones are established:

  1. Commercial Zone – General Commercial (C-1): The C-1 Zone is intended to provide a wide range of commercial uses designed to serve neighborhood, community, and regional needs. The commercial use may be freestanding or integrated in a center. Development is oriented to the street to encourage a pedestrian relationship and buildings are placed to allow interconnected walkways and shared site accesses for increased convenience, accessibility, and enhanced safety for pedestrians. Development includes elements and façades at the pedestrian level and achieves a sense of human scale and creates visual interest at eye-level.
  2. Commercial Zone – Shopping Center Commercial (C-2): The C-2 Zone is intended to provide retail uses, service-oriented businesses, offices, and restaurants in an integrated center. Each center shares common architecture, access, parking, signage, and landscape design. Each center typically includes three (3) or more acres and provides regional or community level destination shopping which incorporates a design that enhances pedestrian orientation within the center.
  3. Commercial Zone – Warehousing and Wholesale Commercial (C-3): The C-3 Zone is intended to provide a legacy zone, originally intended to provide areas for warehousing and wholesale businesses and general commercial. The warehouse and wholesale business is now developed under the M-1 zoning classification and new commercial uses are developed as appropriate under the C-1 or C-2 zones.
HISTORY
Repealed & Replaced by Ord. Title 19 Kearns Zoning Ordinance on 6/26/2023

19.32.030 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 19.32.030, 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 19.32.030 is prohibited in this zone.

      Table 19.32.030 – Uses Allowed in Commercial Zones.
      Use Categories   
      RETAIL AND SERVICE:C-1C-2C-3
      Car and Light Truck WashPPX
      Child Care CenterPPX
      Check CashingPPX
      Commercial Plant NurseryPPX
      Financial InstitutionPPX
      Kennel, CommercialPPX
      Laundry Cleaning, Automatic Self-Help and/or Drop OffPPX
      Liquor and/or Wine Store and Package AgencyPPX
      Mobile StorePPX
      Pawn ShopPPX
      Personal Care ServicesPPX
      Personal Instruction ServicesPPX
      Reception Hall, Reception CenterPPX
      ReikiPXX
      Retail and Service CommercialPPX
      Retail Shops or Galleries where Primary Product is Produced On-SitePPX
      Retail Tobacco Specialty BusinessPXX
      Self-Service Fuel StationPPX
      Sexually Oriented Business or ActivityXXP
      Shopping CenterCCX
      Vehicle and Equipment Repair, MinorPPX
      Vehicle RentalPPX
      Vehicle Sales and ServicePPX
      Vehicle Sales, Small DealershipPPX
      FOOD AND DRINK:

       
      Bars and ClubsPPX
      Breweries and Distilleries in association with a RestaurantPPX
      Food truck / mobile restaurant / food cartPPX
      Restaurant, Fast FoodPPX
      Restaurant, Sit-Down with or Without AlcoholPPX
      LODGING:

       
      Bed and Breakfast InnPPX
      Hotel/MotelXPX
      OFFICE:

       
      Office, GeneralPPX
      Office, IntensivePPX
      Office, MedicalPPX
      RECREATIONAL:

       
      Athletic ClubsPPX
      Commercial RecreationPPX
      Recreation Facility, CommercialPPX
      Recreation Facility, PublicPPP
      Theatres and Concert Halls (Indoor)PPX
      INSTITUTIONAL USES:

       
      Animal Control or Rescue FacilitypPX
      Animal Hospital or ClinicPPX
      Animal Hospital or Clinic with Outdoor Holding FacilitiesPPX
      CemeteryXXP
      Church, Synagogue, Mosque, Temple, Cathedral, or other religious buildingsPPP
      HospitalPPX
      LibrariesPPP
      Parks/Open SpacePPP
      Public UsesPPP
      Public Utilities, MajorCCP
      Public Utilities, MinorPPP
      Schools, PublicPPP
      Schools, Private/CharterCCX
      PLANNED UNIT DEVELOPMENTS, SUBJECT TO CHAPTER 19.18:   
      Condominium Conversion Planned Unit DevelopmentsPPP
      Infill Development Planned Unit DevelopmentsXXX
      Residential Neighborhood Planned Unit DevelopmentsXXX
      Residential Community Planned Unit DevelopmentsXXX
      Mixed Use Planned Unit DevelopmentCCC
      Commercial Planned Unit DevelopmentsCCC
      SPECIALTY:   
      CrematoriumPPX
      Laboratory, Medical or DentalPPX
      Laboratory, Research and DevelopmentPPX
      Mortuary or Funeral HomePPX
      Nursing Home, Convalescent Care CenterPPX
      Rehabilitation/Treatment FacilitiesPPX
      Self-Service Storage Facilities, EnclosedPPX
      ACCESSORY USES:

       
      Accessory Outside StorageCXX
      Home Occupations, subject to Chapter 19.42PPX
      Household Pets, not including kennelsPPX
      Drive-Thru and Drive-Up Facilities appurtenant to a permitted usePPX
      Outdoor dining appurtenant to a permitted restaurant usePPX
      Sidewalk Displays and Sidewalk Cafes appurtenant to a permitted usePPX
      Temporary buildings, subject to 19.44PPX
      NONCONFORMING USES:

       
      Pre-Existing LotPPP
      Pre-Existing StructurePPP
      Pre-Existing UsePPP
HISTORY
Repealed & Replaced by Ord. Title 19 Kearns Zoning Ordinance on 6/26/2023

19.32.040 Lot And Area Standards

Development in the C-1, C-2, and C-3 Zones shall comply with the lot and project area standards shown in Table 19.32.040 and all other applicable standards in this Title.

Table 19.32.040 - Required Yards and Setbacks.
Lot and Area StandardsC-1C-2C-3
Minimum Project AreaNone3 acresN/A
Minimum Lot SizeThere is no minimum lot size required in the Commercial Zones.
Minimum Lot Width and
Frontage
No minimum lot width is required for lots in Commercial Zones.
Lots not fronting on a street must be accessible to the public via a recorded easement or right-of-way.
HISTORY
Repealed & Replaced by Ord. Title 19 Kearns Zoning Ordinance on 6/26/2023

19.32.050 Site Standards

The following site standards shall apply in the C-1, C-2, and C-3 Zones:

  1. Setbacks. A setback standard frames the street spatially and encourages a consistent building wall along street edges. A parking setback enhances pedestrian safety and comfort and reduces the visual prominence of automobiles as viewed from streets, building entrances, and sidewalks. See Table 19.32.050 for setback requirements.

    Table 19.32.050 – Site Standards.
    Setback StandardsC-1C-2C-3
    Front Yard Setback, Arterial or Collector Street (Functional Classification)18’ landscaped setback from back of sidewalk30’ landscaped
    setback from public
    right of way
    30’ landscaped
    setback from public
    right of way
    Front Yard Setback, Local Street or Drive (Functional Classification)10’ landscaped setback from back of curb15’ landscaped
    setback from back of
    curb
    15’ landscaped
    setback from back of
    curb
    Side Yard Setback – Corner LotsSame as the front yard setback.
    Build to LineThe front yard setback is the build-to-line. At least fifty percent (50%) of the adjacent façade must be built within three feet (3') of the build-to-line. A side yard, corner lot setback is also a build-to-
    line.
    Side Yard Setback – Interior LotsNo setback required when sharing a common wall. 8’ setback to property line or 16’ between buildings where building pads are used. 20’ landscaped buffer required to separate residential uses from commercial uses.
    Rear Yard Setback10’ setback to property line or 20’ between buildings where building pads are used. 20’ Landscaped buffer required to separate residential uses from commercial uses.
  2. Location and Orientation of Buildings. Structures frame streets spatially by being constructed at the build-to-line. Buildings shall be sited to face the street with parking lots on the side or rear. At street or drive intersections the buildings shall be located directly on the corner with parking in the rear. At least fifty percent (50%) of the adjacent façade shall be built within three feet (3’) of the build-to-line.
  3. Build-to-Line Exceptions.
    1. Any big box development may have parking in front, provided other commercial pad sites are proposed along the frontage that would comply with the build-to-line requirements. The other commercial pad sites shall create at least forty percent (40%) building street frontage along the width of the project area when combined with public plazas or courtyards.
    2. Drive-through windows shall be located at the side or rear of buildings. A single drive aisle may be located between the building and the street so long as its width does not exceed twelve feet (12’), any pedestrian crossings across it are clearly delineated with special paving treatments, parking spaces do not occur off of it, and a low wall, railing with landscaping, or a continuous hedge at least three feet (3’) high exists between stacked cars and the sidewalk. If a drive-through is located between the building and the street, the front setback/build-to-line shall be twelve feet (12’) farther from the back of sidewalk or public right of way.
  4. Sidewalks or Trails. Any building front entryway shall have a continuous sidewalk to the street sidewalk. A sidewalk at least six feet (6’) wide is required along the entire front of the lot or project area. A six foot (6’) wide park strip shall be installed between the street and the sidewalk as a pedestrian buffer. No fencing that is parallel to any sidewalk may be within two feet (2’) of the edge of the sidewalk.
  5. Outdoor Dining. If outdoor dining is allowed, the patio or dining area may encroach on up to ten feet (10’) of the required landscaped setback.
  6. Utilities. Any overhead utility shall be placed underground unless the applicable utility company determines it is infeasible.
  7. Screening. Any garbage dumpster shall be enclosed by a masonry wall or architectural design with materials that are consistent with the building. The enclosure gate shall be metal and accessible to service vehicles. The enclosure wall and gate shall be a minimum of twelve inches (12”) higher than the trash receptacle bin. Service areas, mechanical equipment, and meters shall be completely screened from the street.
  8. Site Furnishings. The developer or builder is responsible for providing site furnishings as required in this document. All site furnishings shall be specified on the plans.
    1. Benches. Each project shall provide one (1) outdoor bench per small building (buildings twenty thousand square feet (20,000 sq.ft.) or smaller) and two (2) outdoor benches for larger buildings (greater than twenty thousand square feet (20,000 sq.ft.)). Benches are encouraged in places where people congregate and at pedestrian intersections and nodes. Benches shall be durable and permanently installed on a hardscape surface (concrete, pavers, etc.).
    2. Bike Rack. Bike racks shall be provided and installed at a minimum of three (3) bike stalls per fifty (50) vehicle parking stalls within each development (minimum of three (3) bike rack stalls). Bike racks should be located near the entrance to the building and visible from the street or drive. Bike racks shall be durable and permanently installed and maintained over a hardscape surface.
    3. Trash and Recycle Receptacles. At least one (1) trash receptacle and one (1) recycling receptacle shall be provided at a minimum of one (1) at each public entrance to commercial buildings.
HISTORY
Repealed & Replaced by Ord. Title 19 Kearns Zoning Ordinance on 6/26/2023

19.32.060 Architectural Standards

All new development shall present an attractive, coordinated streetscape, incorporate architectural and site design elements appropriate to a pedestrian scale and provide for the safety and convenience of pedestrians. All new development shall comply with the following architectural standards:

  1. General Design Standards: The following building design requirements shall apply in the C-1, C-2, and C-3 Zones:
    1. Walls. No more than three (3) materials may be used for primary wall surfaces. Exterior finishes shall be of traditional, time- and weather-tested techniques. Retaining and screening walls shall be of materials complementary to the building’s materials. Buildings shall use a cohesive palette of colors which complement nearby buildings. Without limiting the use of color, large areas of wall shall be subdued in color and not reflective. Intense colors should be used as accent only.
    2. Building Heights. Buildings should provide a sense of street enclosure for pedestrians in more urban environments. New commercial buildings adjacent to existing neighborhoods shall step-down in height to help minimize the visual impact to residential areas. See Table 19.32.060A for requirements.
    3. Transparency. Where applicable, the intent of transparency standards is to promote economic activity by creating active street walls and visual interest for pedestrians at the ground-level. They also serve to promote personal and property safety by introducing more “eyes on the street” or natural surveillance of the public right-of-way and building interiors. See Table 19.32.060A for requirements.

      Table 19.32.060A – Commercial Development Standards
      StandardC-1C-2C-3
      Building HeightMinimum: No primary building within this zone may be erected to a height less than fifteen feet (15’) above grade.
      Maximum: No building within this zone may exceed forty-five feet (45') above grade.
      Minimum: No primary building within this zone may be erected to a height less than fifteen feet (15’) above grade.
      Maximum: No building within this zone may exceed sixty feet (60') above grade.
      Minimum: No primary building within this zone may be erected to a height less than fifteen feet (15’) above grade.
      Maximum: No building within this zone may exceed forty-five feet (45') above grade.
      Step-down Height Adjacent to Residential Areas
      Within one hundred feet (100’) of sites zoned for single family residential, the following standards apply:
      a.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.
      b.On the portion of the site within one hundred feet (100’) of a site zoned R-2, R-4, RM, or RMH the maximum height is forty-five feet (45’).
      Transparency
      Ground Floor (frontage) 30%
      Ground Floor (exposed sides) 30%
      Upper Floors (frontage) 20%
      Ground Floor (frontage) 30%

      Upper Floors (frontage) 20%
      Ground Floor (frontage) 30%

      Ground Floor (exposed sides) 30%

      Upper Floors (frontage) 20%
    4. Roofs. Slopes of roofs shall be of equal pitch if a gable or hip roof is employed. All metal roofs must be of a subdued color. Painted roof shingles are prohibited.
      1. Flat roofs on stand-alone buildings are allowed when variation to the roof line is provided through the use of parapets, towers, step-backs, or accessory structures.
      2. Large building roofs shall have parapets and enclosures concealing flat roofs and rooftop equipment from public view. Parapet and enclosure materials shall match the building in quality and detail.
      3. Pitched roofs have a sloped or pitched roof. The slope is measured with the vertical rise divided by the horizontal span or run.
        1. The roof may not be sloped less than a 4:12 (rise: run) or more than 16:12.
        2. Slopes less than 4:12 are permitted to occur on second story or higher roofs.
        3. Hipped, gabled, and combination of hips and gables with or without dormers are permitted.
        4. A gabled end or perpendicular ridge line shall occur at least every one-hundred feet (100’) of roof when the ridge line runs parallel to the front lot line.
  2. Exterior Structure Standards: All exterior walls of all structures shall be constructed in compliance with the following:
    1. Materials. All buildings shall use one or more of the following durable materials as significant finish: architectural precast concrete, architecturally treated concrete masonry units, brick cladding, natural and cast stone, architectural metals, and glazing. Architectural site-cast concrete may be allowed if designed, articulated, and colored for a finished appearance on all buildings. At least fifty percent (50%) of all buildings visible from an arterial or collector street, according to the Functional Classification System, shall be composed of brick, stone, architecturally treated CMU, architectural precast concrete, architectural metals, and/or glazing.
    2. Exterior Insulation and Finish System (EIFS)/Stucco. The design and application of EIFS or synthetic stucco are expected to be of a high enough quality to allow for crisp detailing and substantial relief. The use of EIFS on ground floor walls shall be limited to the surface area three (3) or more feet above finished grade. The wall area from finished grade to where the use of EIFS begins shall be clad by a hard, durable material such as brick, stone, architectural precast concrete, or architecturally treated concrete masonry units.
    3. Detail and Finish. Building façades that face the street but do not have pedestrian entries shall be composed of high-quality materials such as brick or stone and shall provide variety and interest in the façade through the introduction of such elements as pilasters, recessed or protruding bays, changes in materials and/or colors, building lighting elements, display windows with products or product graphics, transparent windows or clerestories, and well-designed signs and graphics.
    4. Surface Variation. Continuous building wall surfaces shall be relieved with significant variations of wall planes or overhangs that create shadow areas and add visual interest. Variations should result from significant dimensional changes in plane, color, or detail as accomplished by such devices as protruding bays, recessed entries, upper-level step-backs, arcades, offsets in the general plane of the façade, changes in materials or color, bay windows, vestibules, porches, balconies, exterior shading devices, nonretractable canopies or awnings, projecting cornices, or eaves.
    5. Vertical Separation and Human Scale. Buildings in excess of two (2) stories in height shall exhibit architectural detailing that establishes a vertical separation between lower and upper stories. This may be accomplished by a mid-façade cornice or trim, a change in material, style or color, a façade step-back or roof pitch with dormer windows, or other methods. Buildings in excess of two (2) stories shall also exhibit architecture design that incorporates the human scale, which is specific architecture features below 10 feet (10’).
    6. Façade Features. All large retail building façades visible from public streets shall include architectural treatments that add detail, character, and reduce the appearance of massive blank walls. Techniques such as color and material changes, expression of structure, shifts in plane, offsets and projections, belt courses, reveals, pilasters, windows, doors, arcades, canopies, and other similar elements may achieve this standard. Opaque storefront security closures (rolling doors, etc.) are not allowed.
  3. Entrances. The intent of entrance standards is to provide direct and comfortable access to businesses for pedestrians. Entrances on public streets are particularly important to promote pedestrian traffic and activities on the sidewalks. The following standards apply to the entrances of all structures:
    1. Street front entrances shall be developed on all new buildings. An unobstructed sidewalk connection from the door location must be provided to connect to the public sidewalk. Entry doors must be located on the front façade or be placed within three feet (3’) of the front façade.
    2. Each primary public entry shall be architecturally emphasized so that pedestrians can easily find it.
    3. Weather protection features such as awnings, canopies, doors inset by at least three feet (3’), or arcades shall be provided at all customer entrances.
  4. Corner Buildings. Special attention shall be given to corner buildings that are highly visible, that may serve as landmarks, and provide a sense of enclosure at intersections. Special attention can be achieved by architecture, landscape, and public place.
HISTORY
Repealed & Replaced by Ord. Title 19 Kearns Zoning Ordinance on 6/26/2023

19.32.070 Off-Street Parking Standards

In addition to the parking standards specified in Chapter 19.48, “Off Street Parking Standards”, the following parking standards shall apply:

  1. Surface parking areas, except for approved street parking, may not be located between a building and a public right-of-way on lots or parcels adjacent to a public right-of-way. This requirement shall only apply to one side of a lot or parcel that is adjacent to a public right-of-way on multiple sides. Surface parking for a big box development, such as a grocery store, that meets the standards for a build-to-line exception as described in Subsection 19.32.050.C, is allowed parking between the building and the right of way if the pad sites each comply with this part.
  2. Surface parking areas, except for approved street parking, located within thirty feet (30') of a public right-of-way shall be screened by grading, landscaping, walls/fences, or a combination of these, to a height of three feet (3') above the surface of the parking area.
  3. All commercial development should be designed to allow for cross-access to adjacent properties to encourage shared parking and shared access points on public or private streets, unless otherwise specified. A minimum distance of one hundred feet (100’) should be required between a cross-access way and an entrance. UDOT standards may supersede this requirement in areas of UDOT jurisdiction. The Director may waive this requirement when the Director determines that cross-access is impractical based on topography, the presence of natural features, or vehicular safety factors, provided that appropriate bicycle and pedestrian connections are provided between adjacent developments or uses.
  4. The Director or designee may approve an exception to the requirements of this Subsection if the Director or designee determines that any of the requirements are not reasonably possible based on the unique characteristics of the site.
HISTORY
Repealed & Replaced by Ord. Title 19 Kearns Zoning Ordinance on 6/26/2023

19.32.080 Open Space And Landscaping

In addition to the parking standards specified in Chapter 19.50, “Landscaping and Screening”, the following parking standards apply:

  1. Physical Connections. Each lot shall have a system of pedestrian walkways and sidewalks that provide connections between the building entrances, neighboring building entrances, sidewalks, parking areas, open space, and public trails.
  2. Minimum Landscaped Area. Thirteen percent (13%) of the area of each commercial site shall be developed as landscaped setbacks, courtyards, plazas, open space, or walkways.
  3. Landscaped Setback from Edge of a Street or Drive. The entirety of the required setback between a building or parking lot and a street or drive shall consist of landscaping, sidewalks, or a combination thereof. Courtyard or plaza areas shall be deemed to be a part of the front setback of the building.
  4. Prohibitions. Maintenance buildings, trash collection and recycling areas, storage and service areas, mechanical equipment, and off-street loading areas are not permitted in the front setback of any building and shall be located behind the primary building structure, or completely screened from public view.
  5. Building Foundation Landscaping. The ground adjacent to the building foundation shall be landscaped if it is visible from public vantage points.
  6. Residential Buffer. A landscaped buffer is required to separate residential uses from commercial and industrial uses.
    1. Landscaped Buffer Area. A landscaped buffer area meeting the requirements of 19.50.050 is required in order to provide adequate screening, buffering, and separation of uses.
    2. Fully Sight-Obscuring Fence. The Planning Commission shall require complete visual separation from residential uses if it determines that complete screening is necessary to protect abutting uses, and landscaping is not practical. Such fence must be a minimum of six feet (6’) high (up to eight feet (8’) if warranted and approved by the Planning Commission) and completely sight-obscuring. Fences may be constructed of wood, metal, bricks, masonry, or other permanent materials.
HISTORY
Repealed & Replaced by Ord. Title 19 Kearns Zoning Ordinance on 6/26/2023

19.32.090 Lighting

Except for ordinary repairs and maintenance of lighting approved and installed after the adoption of this ordinance, all new development must comply with the following outdoor lighting standards:

  1. Light Source. Light sources shall be at least as efficient as LED and no greater than four thousand kelvins (4000K) in correlated color temperature (CCT). Light levels shall be designed such that light trespass measured at the property line does not exceed 0.01 foot-candles. Light fixtures shall use a cutoff luminaire that is fully or partially shielded with no light distributed above the horizontal plane of the luminaire or into nearby residential structures. In no case may the total lumens emitted for a single site exceed one hundred thousand (100,000) lumens per acre.
  2. Parking Lot Lighting. Parking lot lighting shall be designed and constructed to comply with the following standards:
    1. Pole Height/Design.
      1. Luminaire mounting height is measured from the parking lot or driveway surface and may range from ten feet (10’) to thirty feet (30’), based on review of site plan, proposed uses, surrounding uses, parking area size, building mass, topography of site, and impacts on adjacent properties.
      2. Poles and fixtures shall be black, dark brown, or another neutral color approved by the Director or designee.
      3. All attempts shall be made to place the base of light poles within landscape areas.
      4. Light poles in parking areas may not exceed thirty feet (30’) in height. Poles exceeding twenty feet (20’) in height are appropriate only for parking areas exceeding two hundred (200) stalls and not within seventy-five feet (75’) of a residential zone.
  3. Other Outdoor Lighting Standards.
    1. Wall-mounted lighting fixtures may not be located above eighteen feet (18’) in height unless being used as building accent lighting. Fixture styles and finishes shall complement the building exterior.
    2. Lighting located along pedestrian pathways or in areas primarily dedicated to human activity shall be bollard style lighting or down-directed lighting not to exceed twelve feet (12’) in height. Pedestrian lighting shall be coordinated through each project and shall complement adjacent projects to the greatest extent practical.
    3. In order to avoid light pollution, backlit awnings, up-light spotlights, and floodlights are prohibited.
    4. Street lighting shall either be chosen from the city’s approved streetlight list or installed to match a theme set by developments within the zone or neighborhood.
    5. Lighting for outdoor athletic facilities may be mounted on a roof or wall at a height above the typical eighteen-foot (18’) maximum, provided it is demonstrated by the applicant. through submittal of appropriate documentation and light studies, that the facility cannot otherwise be properly lighted. This lighting shall comply with the following requirements:
      1. Light fixtures and necessary supports may not extend more than four feet (4’) above the roof line;
      2. Light fixtures shall include appropriate shields to ensure no light trespass off the site;
      3. Light fixtures shall include appropriate shields and louvers to minimize, to the greatest extent possible, any point source light pollution;
      4. Light fixtures and supports shall be painted to blend with the color scheme of the structure to which they are mounted;
      5. Light fixtures shall be dimmable to address any possible unforeseen light impacts once they are constructed and operable; and
      6. The Planning Commission shall review the hours of light usage and shall approve an appropriate usage schedule depending on the specific situation and impacts on the surrounding area.
  4. Upgrading Preexisting Lighting. An applicant shall bring preexisting lighting into compliance with this code upon application with the business license department for a change in ownership, new business in a stand-alone structure or a multi-tenant structure in which the new business utilizes more than fifty percent (50%) of the building square footage on the site, in conjunction with an application for a building permit for any alteration, remodel or expansion of any structure on the site, or in conjunction with changes to the approved site plan.
  5. Lighting Plan Submission Requirements. A lighting plan is required for all developments and shall contain the following:
    1. Plans indicating the location on the premises and the type of illumination devices, fixtures, lamps, supports, reflectors, installation and electrical details;
    2. Description of illuminating devices, fixtures, lamps, supports, reflectors, and other devices that may include manufacturer catalog cuts and drawings, including a section where required;
    3. Photometric data, such as that furnished by manufacturers, or similar showing the angle of the cutoff or light emission; and
    4. A point-by-point light plan to determine the adequacy of the lighting over the site.
HISTORY
Repealed & Replaced by Ord. Title 19 Kearns Zoning Ordinance on 6/26/2023

19.32.100 Fences Hedges And Walls

The following standards apply to new development of fences, hedges, and walls:

  1. Required Setbacks. A fence, hedge, wall, column, pier, post, or any similar structure or any combination of such structures is permitted in the required setback of a zone if it meets the following conditions:
    1. No fence, hedge, or wall extends beyond or across a property line without a recorded agreement with the abutting property owner;
    2. Only one fence or wall is allowed per property line. Double fences, walls or combination thereof are prohibited; and
    3. No barbed wire or other sharp, pointed, or electrically charged fence may be erected or maintained, except a temporary fence on a construction site to protect the property during the period of construction may be topped with barbed wire where the barbed wire is not less than eight feet (8’) above the ground and does not extend more than two feet (2’) above the temporary fence.
  2. Height. No fence or wall may exceed seven feet (7’) in height, four feet (4’) in height from the front of the primary structure forward, or three feet (3’) in the sight distance triangle, measured as follows:
    1. In a required yard abutting a street, the total effective height above the finished grade measured on the side nearest the street;
    2. In any other required yard, the total effective height above the finished grade measured on the side nearest the abutting property;
    3. On a property line, measured from the finished grade of either side when the abutting property owners are in agreement; and
    4. A temporary fence on a construction site may be as high as required to protect the property during the period of construction.
  3. Athletic Facilities. Fencing around athletic facilities, including, without limitation, tennis courts, may be fourteen feet (14’) in height so long as all portions above six feet (6’) are constructed with at least fifty percent nonopaque materials.
HISTORY
Repealed & Replaced by Ord. Title 19 Kearns Zoning Ordinance on 6/26/2023

19.32.110 Additional Standards

It is the responsibility of the applicant to comply with all other applicable standards of Title 19 and all other municipal ordinances.

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

Title 19 Kearns Zoning Ordinance