The mixed-use zones are intended for areas within the community where a combination of residential, commercial, civic, and other uses is desirable to strengthen local tax base and employment opportunities, provide diverse housing types, create gathering places, and connect businesses with nearby customers. The mixed-use zones are distinguished by the uses they allow as well as their development standards, which are intended to promote a high-quality, compact, walkable, and interesting built environment.

1. Establishment of Mixed-Use Zoning Districts: To anticipate and respond to the changing needs of the municipality and implement mixed-use and livability concepts included in the adopted General Plan and Kearns Town Center Master Plan, Kearns establishes the following zones:
2. Neighborhood Mixed Use Zone (NMU): The NMU Zone is a residential zone that allows a small-scale, horizontal or vertical mixture of neighborhood commercial uses to serve the daily needs of area residents. This zone is intended only for small-scale, low-impact uses, to promote a better mixture of uses close to home and within a walkable environment.
3. New Town Center Zone (TC): The TC Zone encourages the development or redevelopment of the Kearns Town Center, combining new or existing retail development with a variety of housing, offices, studios, live-work spaces, civic buildings, and other complementary uses. Standards are included to promote Town Center development that is cohesive, compact, walkable, and convenient for residents, customers, and employees to travel by transit, bicycle, foot, or car. The purpose of this Zone is to implement the vision of the Kearns Town Center Master Plan (2019) and General Plan (2020).
4. Corridor Mixed Use Zone (CMU): The CMU Zone promotes compact and walkable development, diverse housing options, and proximity to shopping and services along transit corridors, especially where infill development is desirable. The CMU allows for greater intensity of uses and building footprints without disrupting surrounding neighborhoods.

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 19.36.030, 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 19.36.030 is prohibited in this zone.
      
      

      Table 19.36.030: Schedule of Permitted Uses in the Mixed Use Zones.
      Use Categories	NMU	TC	CMU
      RESIDENTIAL USES: D
      Accessory Dwelling Unit, Detached or Internal	P	X	X
      Dwelling, Multiple Family	X	P	P
      Dwelling, Single Family E	P	X	X
      Dwelling, Single Family Attached	P	X	P
      Dwelling, Three-and Four-Family	P	P	P
      Dwelling, Two-Family (Duplex)	P	X	X
      Educational Facility with Residential Accommodation	X	X	P
      RETAIL AND SERVICE:
      Bank, Credit Union, or Other Financial Institution	P	P	P
      Car and Light Truck Wash	X	X	P
      Child or Adult Care Facility	P	P	P
      Laundry Cleaning, Automatic Self-Help	P	P	P
      Laundry Cleaning Drop-Off	P	P	P
      Liquor and/or Wine Store	X	P	P
      Mobile Store	X	P	P
      Personal Care Services	P	P	P
      Personal Instruction Services	P	P	P
      Post Office	P	P	P
      Reception Hall, Reception Center	X	P	P
      Retail Sales	P	P	P
      Retail Shops or Galleries where Primary Product is Produced On-Site	P	P	P
      Self-Service Gas Station, with or without Convenience Store	X	X	P
      Shopping Center	X	C	C
      FOOD AND DRINK:
      Bars and Clubs	X	P	P
      Breweries and Distilleries, with or without restaurant	X	P	P
      Food Truck, Mobile Restaurant, Food Cart	X	P	P
      Restaurant, Fast Food	P	P	P
      Restaurant, Sit Down with or without Alcohol	P	P	P
      LODGING:
      Bed and Breakfast	P	P	P
      Hotel/Motel	X	P	P
      Short Term Rental	X	P	P
      OFFICE:
      Offices – General, Professional, and Trade Services	P	P	P
      RECREATIONAL:
      Commercial Recreation and Entertainment, Indoor	X	P	P
      Outdoor Recreation, Small Scale	X	X	P
      Theatres and Concert Halls (Indoor)	X	P	P
      INDUSTRIAL USES:
      Light or Heavy Industry F	X	X	X
      INSTITUTIONAL USES:
      Animal Hospital or Clinic	X	P	P
      Church, Synagogue, Mosque, Temple, Cathedral, or other religious buildings	P	P	P
      Community Garden	P	P	P
      Educational Facility	P	P	P
      Public or Quasi-Public Use	P	P	P
      Public Park	P	P	P
      PLANNED UNIT DEVELOPMENTS, SUBJECT TO CHAPTER 19.18:
      Condominium Conversion Planned Unit Developments	P	P	P
      Infill Development Planned Unit Developments	C	C	C
      Residential Neighborhood Planned Unit Developments	X	X	X
      Residential Community Planned Unit Developments	X	X	X
      Mixed Use Planned Unit Development	C	C	C
      Commercial Planned Unit Developments	X	X	X
      SPECIALTY:
      Medical, Urgent Care, and Dental Clinic	X	P	P
      Mortuary or Funeral Home	X	P	P
      Park and Ride	X	X	P
      Parking Lot (not associated with other use)	X	X	X
      ACCESSORY USES:
      Accessory Structures, Garages, Carports, and Structures subject to this Title.	P	P	P
      Drive-Thru and Drive-Up Facilities	P	X	P
      Home Occupation, subject to 19.42	P	P	P
      Sidewalk Displays and Sidewalk Cafes	P	P	P
      NONCONFORMING USES:
      Pre-Existing Lot	P	P	P

4. Residential Uses:
   1. In the TC and CMU Mixed Use Zones, residential uses are limited as follows.
      1. Units above a business: Residential dwelling units on the second story or above are permitted. b. Units behind a business: Residential dwelling units on the first story that are separated from the front lot line by a non-residential use in the same story are permitted. c. Units attached to a business on a multiple frontage lot: in no case may first-story dwelling units face onto a front lot line.
   2. In the NMU Zone, any new development shall include a mix of residential and non-residential uses. These uses may be mixed horizontally or vertically.
5. Dwelling Units·(Existing): Single-family Units, Dwelling Groups, and Mobile Homes legally built before the adoption date of this ordinance may remain as permitted uses in the Mixed Use Zones without being considered nonconforming.
6. Light Industry, Mechanical Repair (Existing): Light Industry and Mechanical Repair uses, including Auto Repair uses, legally built before the adoption date of this ordinance may remain as a permitted uses in the TC and CMU Zones without being considered nonconforming.

1. Any development in the NMU, TC, or CMU Zones shall comply with the development standards shown in Table 19.36.040 and any other applicable standards in this Title.
2. Single- and Two-Family Residential Development in the NMU Zone is exempt from the following requirements:
   1. Minimum and Maximum FAR;
   2. Minimum Transparency;
   3. Entry Spacing and Recess Requirements; and
   4. Articulation Requirements.
3. Buildings in any Mixed-Use Zone shall be oriented so as to be front-facing on the public street.
   
   Table 19.36.040 - Mixed Use Zoning District Development Standards
   
   

   Table 19.36.040 – Mixed Use Zoning District Development Standards.
   Standard	NMU	TC	CMU
   Maximum Building Size, in square feet (sq. ft.)
   Non-Grocery	5,000	25,000	25,000
   Grocery-Anchored	15,000	NA	NA
   Height Limitations, in feet (ft)
   Minimum	25	25	25
   Maximum 4 5	35	55	60
   Ground Floor Height Minimum for Commercial / Mixed Use Buildings Only	12	12	12
   Floor Area Ratio
   Maximum FAR	1.5:1	3:1	NA
   Minimum FAR	NA	1.5:1	2:1
   Minimum Transparency Requirements1
   First Floor / Ground Story	50%	70%	70%
   Additional Floors	25%	35%	35%
   Entries
   Maximum distance between ground floor entries on the primary facade, in feet (ft). 2	35
   Primary Façade Entries, Articulation.	NA	Recessed a minimum of 4’ depth and 7’ width. A permanent overhang is required.	Recessed a minimum of 4’ depth and 7’ width. A permanent overhang is required.
   Non-primary Facade Entries	1 entry minimum at the ground floor is required on each non-primary façade, excluding those with a shared common wall.
   Articulation
   Horizontal Articulation	Structural columns or variation in façade (depth/change in material) shall be articulated at the primary façade for the full height of the building to the cornice (or to the full height of the building to the first stepback); minimum 50’ spacing.
   Vertical Articulation	Cornice/Frieze Banding is required between the second and third floors on buildings with three or more stories.
   Roof	NA	Pitched roofs are prohibited. Cornice at roof line is required.	Pitched roofs are prohibited. Cornice at roof line is required.
   Usable Outdoor Space, minimum requirement per unit in square feet (sq. ft.) 3
   Single-Family Attached or Detached	150	NA	NA
   Two-, Three-, or Four-Family	100	75	60
   Multi-Family	45	40	40
   Maximum Density 6
   (in dwelling units per acre)	15	25	30

   1. Transparency: Transparency means the use of materials that allow for persons from the street to see into the active uses of the building. Areas covered by menus, murals, or other signage that prevents visibility into the active use do not count toward the required transparency, unless the municipality has authorized a temporary advertisement or other festive decoration.
   2. Entries on Corner Lots: Buildings on corner lots shall be oriented to the corner that faces on two public streets. Corner entries are required. Corner entries shall be angled toward the intersection of the two public streets in order to emphasize the corner.
   3. Usable Outdoor Space: Means outdoor space provided for the enjoyment of the tenant. The required outdoor space may be provided through private outdoor balconies or patios attached to the unit or may be combined in an outdoor community space shared by all residents / units.
      1. Balconies: If balconies are provided, they shall be recessed or incorporated into the horizontal setback.
   4. Stepbacks: A sixteen-foot (16’) stepback shall be required for any height above forty feet (40’). See Figure 19.36.040 A for reference.
      
      Figure 19.36.040 A: Stepback Illustration
      
   5. Step-down Height Adjacent to Residential Areas: Within forty feet (40’) of sites zoned residential, the following standards shall apply. Stepped-down height is not required in the NMU Zone:
      1. On the portion of the site within forty feet (40’) of a site zoned R-1, or any subzone of R-1, the maximum height is thirty-five feet (35’).
      2. On the portion of the site within forty feet (40’) of a site zoned R-2, R-4, RM, or RMH, the maximum height is forty-five feet (45’).
         
         Figure 19.36.040 B: Step-down Heights Illustrated
         
   6. 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.

1. Purpose. The purpose of the standards in this section is to create and maintain street frontages that are attractive, promote a walkable environment, and create a sense of safety and comfort through appropriate scale.
2. The minimum yard requirements for buildings within the Mixed-Use Zones are presented in Table 19.36.050.
3. Exception for Setbacks for Common Walls. The side setback is zero feet (0’) for any building which shares a side common wall.
4. Unless they share a common wall, where two or more primary buildings exist on a site, the minimum distance between primary buildings shall be ten feet (10’).
    

   Table 19.36.050 – Lot Width, Yard, and Setback Requirements.
   	NMU	TC	CMU
   Minimum Lot Frontage Along Public Street, in feet (ft.)	25	20	20
   Minimum Setbacks, in feet (ft.)
   Front Yard	10	10	10
   Side Yard, Interior	5	5	10
   Side Yard, Corner Lot	5	5	10
   Rear Yard	20	20	20
   Maximum Setbacks, in feet (ft.)
   Front Yard	20	10	25
   Side Yard, Interior	10	10	15
   Side Yard, Corner Lot	10	10	15
   Rear Yard	60	75	75
   Minimum Distance Between Primary and Accessory structures, in feet (ft.)	6	10	10

Exceptions to the building heights specified in Table 19.36.040 apply, in accordance with 19.46.110.

All provisions of Chapter 19.48 shall apply to development in any of the Mixed-Use Zones. For developments that combine multiple uses, parking requirements shall be calculated for each specific use according to the criteria in Section 19.48.040. The Director or designee may authorize shared parking for combined uses if those uses are found to operate at distinct hours of the day or night.

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