The purpose of this Chapter is to further the purposes of the General Plan, this Ordinance, and all other municipal land use ordinances, as well as to ensure compatibility of selected specific uses with surrounding uses and properties to avoid any negative impacts associated with such uses.

1. This Chapter contains the specific and additional regulations for permitted and conditional uses identified in the Schedule of Uses for each of the zones contained in this Title. Any use not listed as permitted or conditional in the applicable zone shall be prohibited.
2. Compliance with specific use standards, as applicable, as well as all other requirements of this Ordinance, and all other land use ordinances, and all other Federal, State, and Local requirements are required for any land use application approval required by this Ordinance, or any other approval, permit, or license required by other land use ordinances.

1. The purposes of the Accessory Dwelling Unit (“ADU”) standards shall be to:
   1. Allow opportunities for property owners to provide social or personal support for family members where independent living is desirable;
   2. Provide for affordable housing opportunities;
   3. Make housing units available to households with moderate-incomes who might otherwise have difficulty finding housing in Kearns;
   4. Provide opportunities for additional income to offset rising housing costs;
   5. Develop housing units in single-family neighborhoods that are appropriate for people at a variety of stages in the life cycle;
   6. Preserve the character of single-family neighborhoods by providing standards governing development of ADUs; and
   7. Ensure that ADUs are properly regulated by requiring property owners to obtain a business license and a building permit for an ADU prior to renting the ADU.
2. Allowable Areas and Zones.
   1. ADUs incorporated within the single-family residence Internal Accessory Dwelling Units (iADUs) and Attached Accessory Dwelling Units (AADUs) shall be permitted uses on single family lots with an area of five thousand square feet (5,000 sq. ft.) or greater.
   2. Detached Accessory Dwelling Units (DADU) are also permitted but may only be built on single family lots with an area of five thousand square feet (5,000 sq. ft.) or greater.
   3. In no case may an ADU be permitted in a townhome, a multi-family PUD or other attached residential unit type, or on any lot that cannot satisfy parking, setback, or lot coverage requirements.
3. Number of Residents. ADU’s may not be occupied by more than one family.
4. Setbacks.
   1. Internal and Attached Accessory Dwelling Units. Setback standards for internal and attached ADUs shall be consistent with setback standards for a single-family dwelling in the zone.
   2. New Detached Accessory Dwelling Units. Side yard setbacks on detached ADUs shall be a minimum of five feet (5’). Rear yard setbacks shall be a minimum of five feet (5’). Detached ADUs shall also be a minimum of six feet (6’) from the main dwelling. If existing public utility easements are greater than the required setback, the minimum setback shall be the public utility easement boundary.
   3. Existing Accessory Structures Built Prior to the Adoption of this Chapter. Side yard and rear yard setbacks on existing detached structures to be converted into an ADU shall comply with the accessory structure setback standards at the time the structure was erected.
      
      Figure 19.42.030A: Setback Standards for a New Detached ADU.
      Figure 19.42.030B: Setback Standards for an ADU Built in an Existing Detached Structure.
5. Parking Requirements. In addition to the required parking for the existing home, the property owner must demonstrate that one (1) on-site parking space is available for an IADU or Attached ADU, and that two (2) on-site parking spaces are available for a detached ADU. A property owner bears the burden of showing by a preponderance of the evidence that sufficient parking is available. In cases where garage conversions are done to create an IADU, Attached ADU, or detached ADU, replacement on-site parking spaces are required for the primary dwelling in a number equal to the parking spaces eliminated by such ADU.
6. Height Requirements. Height restrictions for iADUs or Attached ADUs shall be consistent with the height standards for single-family dwellings in the zone. Detached ADUs shall comply with the following height requirements:
   1. Detached ADU – twenty feet (20’) height limit;
   2. Above-garage detached ADUs – twenty-eight feet (28’) height limit; and
   3. No detached ADU use may be taller than the existing home.
7. Lot Coverage. Lot coverage maximums shall be as outlined per each zone. Any additions to an existing building or construction of a detached ADU shall comply with lot coverage standards in each zone and except as otherwise provided in this Title, may not exceed the allowable lot or rear yard coverage standard for the underlying zone.
8. Owner Occupancy. The principal unit or the ADU shall be owner-occupied, except for medical, military service, or religious reasons for a time period not to exceed two (2) years. If an owner’s absence is warranted due to the above reasons, an on-site manager shall be designated. The property owner may not receive rent for the unit that was occupied by the owner. An application for an ADU shall include evidence of owner occupancy.
9. ADU’s per Lot. One (1) ADU, whether internal, attached, or detached is permitted per lot.
10. ADU Design Standards.
    1. The design and size of any ADU shall conform to all applicable building, fire, and health codes, including but not limited to applicable water provider requirements.
    2. Detached ADUs shall have a permanent concrete slab on which they are built, unless they are constructed above a garage. Detached ADUs are not allowed to be built on a foundation with a basement, on piers, or on any temporary or wheeled structure.
    3. Conversions of an existing space to an ADU shall require compliance with safety requirements per the building code including, but not limited to, egress windows with window 7 wells in case of emergency, close off door(s) between the ADU and main unit, and sufficient HVAC and climate control for the ADU.
    4. Internal or Attached ADUs shall not require a separate HVAC or firewall.
    5. The owner shall provide a separate address marking for emergency services and mailing services.
    6. A separate entrance to the ADU from the main dwelling is required. This entrance shall not be allowed on the front or corner lot side yard. The separate entrance shall be located to the side or rear of the principal residence.
    7. Detached ADUs shall not be located in a front or corner lot side yard.
    8. Detached ADUs must be offset ten feet (10’) or more from the front façade of the main dwelling.
    9. Any detached ADU shall have adequate facilities for all discharge from roof and other drainage.
    10. Single family residences with an ADU shall retain the same appearance as a single family residence. A detached ADU shall be designed with the same roof pitch and general color of the main dwelling.
    11. An existing accessory structure may be converted into an ADU provided that it meets the same ADU requirements in this Chapter.
11. Affidavit and Notice of Accessory Dwelling. Applicants for ADUs shall provide an affidavit stating that the owner of the property shall live in either the primary or ADU as their permanent residence. Upon approval of the ADU by the building official, and upon the issuance of a business license pursuant to Title 5, a Notice of Accessory Dwelling Unit including the affidavit shall be recorded against the property to provide notice to a future owner of the owner occupancy requirement for the ADU. Upon sale of the property, the new owner shall sign and record a new affidavit and secure reauthorization of the ADU by the building and business license officials. A copy of the recorded notice shall be provided to the applicant when completed.
12. Business Licensing.
    1. Prior to renting out any ADU, a business license must be obtained. That license must be maintained as long as the ADU is rented.
    2. ADUs used for non-rental uses as defined in this Chapter shall follow the same process as all other ADUs except that a business license is not required. Should the owner of an ADU used for non-rental uses later decide to rent the Owner must obtain a business license before renting the ADU.
13. Retention of Single-Family Status.
    1. ADUs are part of a single-family residence and shall not be used as a multi-family residence.
    2. ADUs may not be separately metered apart from the single-family residence.
    3. ADUs may not be sold or subdivided separately from the single-family residence.
14. Variances. The Land Use Hearing Officer may not grant a variance from Building Code requirements, owner occupancy provisions, square footage requirements, or the number of units allowed per lot.

Storage of goods, wares, merchandise, commodities, and any other items located outside of a completely enclosed building for more than twenty-four (24) hours is prohibited except as accessory outside storage, subject to the applicable zoning district and subject to the following standards.

1. The area used for accessory outside storage may not constitute more than fifteen percent (15%) of the lot area and may not reduce the access to or usability of areas required for parking for the lot.
2. With the exception of retail sales displays in an approved commercial area, outside storage shall be screened from public view by a minimum six-foot (6') high opaque fence. The required screening shall be established prior to the use of any area for outside storage.
3. When outdoor storage occurs in a front yard, side yard, or any other location within the public view, a fence or screening of a height and material determined by the Planning Commission shall be installed.
4. Outside storage areas shall be paved with asphalt or concrete.
5. Outside storage areas shall be maintained in a clean, neat, and orderly condition. The required screening shall be kept in good repair.
6. The presence of hazardous materials, junk, junk cars, or debris not usually appurtenant to permitted on-site uses is prohibited.
7. “Accessory Outside Storage” as defined herein does not include construction yards, storage yards, or other storage uses where the storage of items outside of an enclosed building is a primary characteristic of the use.

Animal Hospitals and Clinics, where allowed as a permitted or conditional use in the applicable zone, are also subject to the following standards:

1. The use of the building space shall be restricted to medical treatment and incidental care such as bathing, the trimming of common household pets on an outpatient basis only, except that temporary boarding in connection with medical treatment shall be permitted, and except that short-term boarding, defined to be not more than two weeks, may be permitted.
2. Outdoor animal runs or holding facilities may be approved as an accessory use with a conditional use permit. Such runs or holding facilities may not be established within three hundred feet (300’) of a property line of a residential zone, an educational institution, or a place of worship.
3. The building space shall be adequately soundproofed to assure that no noise will be carried beyond the confines of the building or space that the use would occupy.
4. When outdoor holding facilities are permitted by the underlying zone, the location of barns, stables, coops, pens corrals and other holding areas are subject to the requirements for “animal rights” in this Chapter.
5. The applicant shall demonstrate that noise, odors, traffic, light pollution, and refuse produced by the use can be reasonably mitigated.

Animal rights, where allowed as a permitted or conditional use in the applicable zone, are also subject to the following standards:

1. Parcels containing fewer than twenty thousand square feet (20,000 sq. ft.) are prohibited from keeping animals under the animal rights provisions in this Section.
   
2. When a parcel with animal rights contains at least twenty thousand square feet (20,000 sq. ft.) but fewer than five and one-quarter (5.25) acres, that parcel may hold no more than one animal unit and their seasonal offspring for each ten thousand square feet (10,000 sq. ft.).
3. When a parcel or group of contiguous parcels with shared ownership contains more than five and one-quarter (5.25) acres, that parcel or group of parcels may hold no more than one (1) animal unit and their seasonal offspring for each five thousand square feet (5,000 sq. ft.).
4. No animals or fowl may be kept or maintained closer than forty feet (40’) to any dwelling on an adjacent parcel of land. No barn, stable, coop, pen or corral shall be kept closer than forty feet (40’) to any street.
5. All yards, barns, shelters, cages, areas, places, and premises where domestic livestock, animals, or fowl are kept shall be maintained in a clean and sanitary condition so that flies, dust, or odors do not disturb the health of any person or animal or create a nuisance to any adjoining property.
6. All pens, yards, shelters, cages, areas, and premises where animals are held or kept shall be maintained so that no flies, insects, or vermin, rodent harborage, odors, ponded water, the accumulation of manure, garbage or other noxious materials do not disturb health and safety of any person or animal.

1. The purpose of the apiary standards is to establish certain requirements for sound beekeeping practices. These standards are intended to avoid problems that may otherwise be associated with the keeping of bees in populated areas.
2. Apiaries, where allowed as a permitted or conditional use in the applicable zone, are also subject to the following standards:
   1. No more than the following number of colonies may be kept on any lot or parcel within the municipality, based upon the size of the lot or parcel upon which the apiary is situated:
      1. Less than or equal to nine thousand nine hundred ninety-nine square feet (9,999 sq. ft.) in size: one (1) colony;
      2. More than nine thousand nine hundred ninety-nine square feet (9,999 sq. ft.) but less than or equal to nineteen thousand nine hundred ninety-nine square feet (19,999 sq. ft.) in size: two (2) colonies;
      3. More than nineteen thousand nine hundred ninety-nine square feet (19,999 sq. ft.) in size: one (1) colony plus one (1) additional colony for each ten thousand square feet square feet (10,000 sq. ft.) of land area.
   2. A site plan shall be submitted for review by Planning and Development Services addressing the following:
      1. Any colony situated within twenty-five feet (25’) of a public or private property line shall require the establishment of a flyway barrier at least six feet (6’) in height consisting of a solid wall, fence, dense vegetation, or combination thereof as approved by the Director or designee. Said barrier shall be along or parallel to the property line extending ten feet (10’) beyond the colony in each direction, forcing a flight pattern elevation of at least six feet (6’) above grade.
      2. A water source shall be provided on the property and no nearer than twenty feet (20’) to the hive to avoid bees congregating on nearby properties in a search for water.
      3. A sign conspicuously posted setting forth the name and phone number or other identifying marks, such as a registration number, of the responsible beekeeper.
   3. In addition to the aforementioned conditions, the applicant shall ensure compliance at all times with the following conditions:
      1. All honeybee colonies shall be kept in Langstroth-type hives with removable frames, which shall be kept in sound and usable condition.
      2. All honeybee colonies shall be registered with the Utah Department of Agriculture and Consumer Services in accordance with the Utah Bee Inspection Act.
      3. Maintenance shall be such that no bee comb or other materials are left upon the grounds of the apiary site. Upon removal from the hive, all such materials shall promptly be disposed of in a sealed container or placed within a building or other bee-proof enclosure.
      4. All colonies shall be maintained with marked queens. The colony shall be promptly requeened if it exhibits unusual aggressive characteristics by stinging or attempting to sting without due provocation or swarming. Regardless of colony behavior, each colony shall be requeened on a yearly basis.
      5. Each Utah apiary shall meet all requirements and inspection schedules deemed necessary by the Utah Department of Agriculture and Consumer Services.
      6. Notwithstanding compliance with the various requirements of this subsection, it shall be unlawful for any beekeepers to keep any colony or colonies in such a manner or of such disposition as to cause any unhealthy condition, interfere with the normal use and enjoyment of human or animal life of others or interfere with the normal use and enjoyment of any public property or property of others.
3. Upon receipt of information that any colony situated within the municipality is not being kept in compliance with the requirements of this section, an investigation and subsequent hearing before the municipality’s Land Use Hearing Officer may result and may result in the revocation of the apiary permit.

Bars and clubs, where allowed as a permitted or conditional use in the applicable zone, are also subject to the following standards:

1. A security and operations plan shall be prepared by the applicant and approved by the Unified Police Department of Greater Salt Lake and the Director. The security and operations plan shall be filed with Planning and Development Services as part of the business license. The security and operations plan shall include:
   1. A complaint-response community relations program;
   2. A provision for resolving neighborhood complaints regarding the operations on the business premises;
   3. Design and construction requirements to ensure that any sound level originating within the premises, measured within fifteen feet (15') from an exterior wall or door thereof, does not exceed the maximum permissible sound level set forth in Title 9;
   4. A provision stating that live entertainment shall only be located within an enclosed building subject to the foregoing sound limit;
   5. Prohibiting electronically amplified sound in any exterior portion of the premises;
   6. Designation of a location for smoking tobacco outdoors in conformance with State law;
   7. A provision stating that any trash strewn on the premises be collected and deposited in a trash receptacle by six o'clock (6:00) A.M. the following day, including any smoking and trash or debris in parking lot areas;
   8. A provision stating that portable trash receptacles on the premises be emptied daily, and automated receptacles be emptied at least weekly. Automated receptacles shall be located only within a municipality approved trash storage area; and
   9. A parking management plan which shall include consideration of the impact of parking on surrounding neighborhoods.
2. Site and floor plans proposed for the premises shall be reviewed and approved by the Unified Police Department of Greater Salt Lake. Such review may require design features for the purpose of reducing alcohol related problems such as consumption by minors, driving under the influence, and public drunkenness.
3. In addition to the required setbacks, where a bar or club abuts a residentially zoned parcel, an additional buffer consisting of vegetative landscaping or walls are required along any property line or within any required yard area on the lot where the premises are located.
4. The location of an outdoor smoking area shall be selected to mitigate the effect on neighboring residences, businesses, and buildings. Where complaints are made about the outdoor smoking area, the Planning Commission may require the outdoor smoking area to be moved to an alternate location where it can be shown that the smoking area is adversely affecting neighboring residences, businesses, and buildings.
5. Not more than one bar or club as noted in the table of permitted and conditional uses shall be located within two hundred feet (200') of another bar or club as measured linearly without regard to intervening structures from the nearest point on the property line of one establishment to the nearest point on the property line of the second establishment.

A bed and breakfast inn, where allowed as a permitted or conditional use in the applicable zone, is also subject to the following standards:

1. The structure shall have a residential appearance;
2. The structure shall be limited to a maximum of two (2) stories in height;
3. The structure may contain no more than fifteen (15) guestrooms.
4. Guests using the accommodations or lodging must pay compensation;
5. A bed and breakfast inn may not provide cooking facilities in any individual guestroom;
6. The access to the site and the on-site parking shall be available for use and maintained, including snow removal, throughout the entire year; and
7. A bed and breakfast inn located in the C-1, C-2, C-3, and NMU zones may include a restaurant and conference rooms.

Car and light truck washes, where allowed as a permitted or conditional use in the applicable zone, are also subject to the following standards:

1. In addition to the applicable landscaping requirements and water efficiency standards of Chapter 19.50, landscaping for all car washes shall double the number of plantings required in areas between stacking and drive-through areas and the street and residentially zoned property. Landscaping and screening shall be strategically implemented to prevent noise levels in excess of 65dB from being heard on adjacent residential properties as a result of the car wash.
2. The facility shall be designed and operated, including the bay openings and vacuum areas, to minimize traffic, noise, and aesthetic impacts to surrounding properties and public view.
3. Vacuum stations and related equipment are prohibited along any side of a building facing a residential use or residential zoning district unless a masonry wall is located along the entire property line adjacent to that residential use or zone.
4. Recycling of water used for vehicle washing is required to be installed and used in perpetuity. The use of recycling water systems and the disposal of water fluids and solids shall comply with applicable state and federal laws, guidelines and/or standards.
5. Any water flow resulting from the use of the washing facilities shall be confined to the car wash site and disposed of through an on-site drainage system in accordance with applicable laws.
6. The internal traffic circulation pattern shall be designed so as to preclude traffic congestion on public streets in the vicinity and to provide safe ingress, egress, and movement of traffic on the site.
7. The site shall provide space sufficient to allow a minimum of five (5) vehicles to stack while waiting to access the car wash prior to reaching the payment area. All stacking shall be maintained on site and may not back onto any public right-of-way.
8. Provisions shall be made for regular on-site maintenance and clean-up of the property.

Caretaker living quarters, where specifically allowed as an accessory use to a commercial or industrial use in the applicable zone, are also subject to the following standards:

1. The caretaker living quarters shall be located within the principal building on the site.
2. The caretaker living quarters shall be occupied by the owner or an employee of the business or use.
3. A minimum of one (1) designated parking space shall be provided for the caretaker living quarters, in addition to any parking spaces required for the principal use.
4. The caretaker living quarters shall comply with the size requirements for internal accessory dwelling units, as identified in Section 19.42.030.
5. The caretaker unit must meet all applicable requirements of the International Residential Building Code as adopted by the municipality. Each unit shall have a kitchen suitable for cooking and preparing meals, a bathroom with shower and/or bathing facilities, a living room, and a bedroom. Studio units are permitted so long as they provide space for the amenities as described in this Section.
6. The property owners shall execute and record a covenant and agreement with the jurisdiction to revert the property to an industrial use without a caretaker living quarters, including the removal of the kitchen facilities of any permanent addition that does not meet the requirements of the zone in which the use is located, after the expiration of any associated permit granted or the termination of the business.

Check cashing and other non-depository financial institutions, where allowed as a permitted or conditional use in the applicable zone, are also subject to the following standards:

1. Establishments shall be located no closer than one mile from other similar establishments;
2. Use activities shall be limited to short term title loan and short-term consumer installment loan business;
3. The following services are specifically prohibited: “cash for gold”, “cash for precious metals”, and the processing or storage of repossessed vehicles or other repossessed property; and
4. All business activity, including customer queuing, shall be accommodated inside the building.

1. The keeping of Domestic Fowl, where allowed as a permitted or conditional use in the applicable zone, is subject to the standards of Title 8, Chapter 12 of Municipal Code.
2. Domestic Fowl shall be kept for personal use only. The selling of eggs or fertilizer or the breeding of domestic fowl for commercial purposes is prohibited.

Child care, where allowed as a permitted or conditional use in the applicable zone, is also subject to the following standards:

1. A person exempted from licensing as a childcare center under the Utah Department of Health and Human Services Rule R381-60-3 is not subject to land use approval or business licensing. Building Code regulations may still apply.
2. “Child Care, Residential” must be licensed by the Utah Department of Health and Human Services under Rule R430-50 et seq. A copy of the Health and Human Services License must be submitted prior to the issuance or renewal of a Business License.
3. “Child Care, Licensed Family” must be licensed by the Utah Department of Health and Human Services under Rule R430-90 et seq. A copy of the Health and Human Services License must be submitted prior to the issuance or reissuance of a Business License.
4. When Child Care is provided from a residence (Home Daycare):
   1. The applicant must reside in the home in which the business will be conducted.
   2. The lot shall contain one (1) available on-site parking space not required for use of the dwelling, and an additional available on-site parking space not required for use of the dwelling for any employee not residing in the dwelling. The location of the parking shall be approved by the Director to ensure that the parking is functional and does not change the residential character of the lot.
   3. No signs shall be allowed on the dwelling or lot except a nameplate sign.
5. At no time may the applicant provide daycare or preschool services for a group of children exceeding the maximum number specified for such a facility.
6. The use shall comply with the health department noise regulations.
7. The play yard may not be located in the front yard and shall only be used between eight (8:00) a.m. and nine (9:00) p.m.
8. The use shall comply with all local, state, and federal laws and regulations. (The Life Safety Code includes additional requirements if there are more than six (6) children).
9. Upon complaint that any of the requirements of this section or any other municipal ordinance are being violated by a home day care/preschool caregiver, the municipality shall review the complaint and if substantiated may institute a license revocation proceeding under Title 5.
10. Planning and Development Services shall notify in writing all property owners within a three-hundred-foot (300 ft.) radius of the caregiver's property concerning the licensing of a home day care/preschool at such property.
11. A “Child Care Center” must be licensed by the Utah Department of Health and Human Services under Rule R381-100 et seq. A copy of the Health and Human Services License must be submitted prior to the issuance or reissuance of a business license. A child care center is subject to the following requirements:
    1. Minimum Lot Size: Twenty thousand square feet (20,000 sq. ft.).
    2. Location Requirements: The child daycare use shall be addressed on and oriented to an arterial or collector street.
    3. Rear Yard Playground Equipment: All outside playground equipment shall be located only in the rear yard.
    4. Landscape Buffering: Any outside area where children are allowed must be fenced with a solid fence at least six feet (6') high. At least ten feet (10') from the fence to the interior portion of the property shall be landscaped in such a way that the area cannot be used by the patrons.

When a commercial plant nursery is allowed as a permitted or conditional use, the growing of nursery plants with associated retail sales are subject to the following requirements:

1. Licensing Requirements. In addition to a business license, a commercial plant nursery must be licensed under the Utah Nursery Act, administered by the Utah Department of Agriculture and Food.
2. Site Location Standards. A commercial plant nursery must be located on a site with no less than one (1) acre that has primary access to a street designated as a principal or minor arterial on the UDOT Functional Classification Map.
3. Operation and development standards.
   1. All buildings, structures or improvements shall be located at least twenty feet (20’) from any property line.
   2. All buildings and structures may not exceed twenty feet (20’) in height.
   3. All storage of non-plant material shall be in a completely enclosed building or within a masonry wall enclosure at least six feet (6’) in height.
   4. No outdoor telephone bell or paging system may be used.

1. Vested Critical Infrastructure Materials Operations - Conclusive Presumption.
   1. Critical infrastructure materials operations operating in accordance with a legal nonconforming use, as determined by Chapter 19.06 of this Title, or a permit issued by the municipality are conclusively presumed to be vested critical infrastructure materials operations if the critical infrastructure materials operation existed, was conducted, or was otherwise engaged in before January 1, 2019 and before when the municipality prohibited, restricted, or otherwise limited the critical infrastructure materials operations.
   2. A person claiming that a vested critical infrastructure materials operation has been established has the burden of proof to show by the preponderance of the evidence that the vested critical infrastructure materials operation has been established.
   3. A vested critical infrastructure materials operation:
      1. Runs with the land; and
      2. May be changed to another critical infrastructure materials operation conducted within the scope of a legal nonconforming use, as determined by Chapter 19.06, or the permit for the vested critical infrastructure materials operation without losing its status as a vested critical infrastructure materials operation.
2. Rights of A Critical Infrastructure Materials Operator with A Vested Critical Infrastructure Materials Operation.
   1. Notwithstanding the municipality’s prohibition, restriction, or other limitation on a critical infrastructure materials operation adopted after the establishment of the critical infrastructure materials operation, the rights of a critical infrastructure materials operator with vested critical infrastructure materials operations include the right to:
      1. Use, operate, construct, reconstruct, restore, maintain, repair, alter, substitute, modernize, upgrade, and replace equipment, processes, facilities, and buildings; and
      2. Discontinue, suspend, terminate, deactivate, or continue and reactivate, temporarily or permanently, all or any part of the critical infrastructure materials operation.
3. Notice for Subdivisions in Proximity to Vested Critical Infrastructure Materials Operation.
   1. For any new subdivision development located in whole or in part within one-thousand feet (1,000 ft.) of the boundary of any parcel or lot containing a vested critical infrastructure materials operation, the owner of the development shall provide notice on any plat filed with the County Recorder the following notice:
      1. “Vested Critical Infrastructure Materials Operations. This property is located in the vicinity of an established Vested Critical Infrastructure Materials Operation in which Critical Infrastructure Materials Operations have been afforded the highest priority use status. It can be anticipated that such operations may now or in the future be conducted on property included in the Critical Infrastructure Materials Protection Area. The use and enjoyment of this property is expressly conditioned on acceptance of any annoyance or inconvenience that may result from such normal Critical Infrastructure Materials Operations.”
4. Abandonment of A Vested Critical Infrastructure Materials Operations.
   1. A critical infrastructure materials operator may abandon some or all of a vested critical infrastructure materials operation use only as provided in this Section.
   2. To abandon some or all of a vested critical infrastructure materials operation, a critical infrastructure materials operator shall record a written declaration of abandonment with the Salt Lake County Recorder.
   3. The written declaration of abandonment shall specify the vested critical infrastructure materials operations or the portion of the vested critical infrastructure materials operations being abandoned.
5. Non-Vested Critical Infrastructure Materials Operations.
   1. Conducting a critical infrastructure materials operation without a permit or determination of a non-conforming use shall be determined a violation of this Ordinance. Such operation may not be considered a ‘vested’ critical infrastructure materials operation and shall be subject to remedies and penalties established in the Municipal Code.

1. Purpose. The regulations of this section are intended to allow for drive-thru facilities by reducing the negative impacts they may create. These impacts include noise from idling cars and voice amplification equipment, lighting, and queued traffic interfering with on-site and off-site traffic and pedestrian flow. The specific purposes of this section are to:
   1. Reduce noise, lighting, and visual impacts on abutting uses, particularly residential uses;
   2. Promote safer and more efficient on site vehicular and pedestrian circulation; and
   3. Reduce conflicts between queued vehicles and traffic on adjacent streets.
2. Applicability And Permit Requirements. These regulations shall apply to all new drive-through facilities, any rebuild or replacement of an existing structure containing a drive-thru facility or modification to an existing building that includes altering the location of an existing drive-through window, expands the floor area by twenty five percent (25%) or more of the gross floor area or one thousand square feet (1,000 sq.ft.), whichever is less and/or the parking requirement increases as required by this Title.
3. Additional Application Materials Required. In addition to the site plan and standard application requirements, an applicant for a business with drive-thru facilities shall submit a site plan that includes: a parking and circulation plan, driveway locations, and the placement of audio equipment (if this type of equipment will be used).
4. Capacity and design standards for drive thru and drive up facilities are found in Section 19.48.100.

Home occupations are subject to the following standards:

1. Restrictions. The following business activities are prohibited from taking place at a residential dwelling unit:
   1. Commercial uses of a primarily retail nature or that rely on walk up traffic;
   2. Vehicle, trailer, or boat repair or maintenance, including body and fender work;
   3. Vehicle sales or rentals;
   4. Towing or impound operations, junkyards, accessory outdoor storage, or storage yards;
   5. Lawn mower or small engine repair;
   6. Major appliance repair (washers, dryers, refrigerators, etc.);
   7. Any use involving the storage or sale of inflammable, explosive or hazardous materials;
   8. Mortuaries or crematoriums;
   9. Sexually oriented businesses; and
   10. Welding, iron works, foundries, manufacturing, or assembly uses.
2. Exemptions. The following activities are exempted from or not subject to regulation under this Chapter:
   1. Uses other than a home occupation that are listed as permitted or conditional uses in residential zones;
   2. Garage or yard sales, provided:
      1. The sale is held for not more than three (3) consecutive days;
      2. No more than two (2) sales are held per year at the same location; and
      3. No consignment goods are offered for sale;
3. Standards. The following standards apply to home occupations:
   1. The primary use of the dwelling shall be residential.
   2. The person operating the business shall reside in the dwelling at least nine (9) months per year.
   3. For lots that front on a right of way less than eighty feet (80’) wide, only the business operator and his/her immediate family members who reside in the home may be employed to do any work in the home, whether compensated or not, in conjunction with the business. For lots that front on a right of way of eighty feet (80’) or greater, one (1) non-resident employee is allowed to be employed to do work in the home.
   4. Customers shall be allowed at the residence on an appointment only basis between the hours of 7:00 a.m. and 10:00 p.m. Group lessons or sessions may not exceed six (6) people at a time.
   5. Exterior remodeling that would change the residential appearance of the home is prohibited. Interior structural alterations made to the home are allowed only if they are consistent with its primary use as a dwelling.
   6. Any sale of goods not produced as part of the home occupation shall constitute a clearly incidental part of the operation of the home occupation. There may be no display of goods produced by the home occupation observable from outside the dwelling.
   7. All business activities shall take place entirely within the dwelling and/or attached garage and may not occupy more than twenty five percent (25%) or more than five-hundred square feet (500 sq. ft.), whichever is less, of the floor area of the home.
   8. Storage or display of supplies, inventory, equipment, or materials in any portion of the yard or within a detached accessory structure is prohibited. Explosive or combustible materials may not be stored or used in association with a home occupation.
   9. The home occupation may use only those tools, equipment, or electric apparatus that are commonly used as accessories to or in conjunction with residential uses.
   10. The home occupation may not emit or create excessive odors, smoke, dust, heat, fumes, light, glare, sounds, noises, vibrations, or interference with radio and/or television reception.
   11. In addition to the parking spaces required for the residents of the dwelling, off-street parking for customers and for an employee, if allowed under Subsection 19.42.180(C)(3) above, shall be provided in the driveway or garage.
   12. Any nameplate sign may not exceed three square feet (3 sq.ft.), may not be illuminated, and shall be attached to a wall or window of the dwelling.
   13. Vehicles: No vehicle larger than a passenger car, van, or one-ton pickup truck may be brought to, parked on, or stored on the property in conjunction with a home occupation except that:
       1. Occasional deliveries and pick-ups by commercial small package delivery organizations such as the USPS, FedEx, UPS of DHL are exempt from this requirement.
       2. Tow trucks, tanker trucks, box vans, delivery vans, and similar vehicles may not be stored on site. Such vehicles may be located off site in an approved and licensed off-site storage location.
       3. One trailer may be used in association with a Home Occupation in accordance with the following standards:
          1. The maximum body length of an enclosed trailer is twenty feet (20’). The maximum body length of an open trailer is sixteen feet (16’).
          2. Trailers shall be garaged or stored on private property and may not be located within the front yard setback or, for corner lots, in either the front or side yard setback.
          3. Trailers may have one sign covering the lesser of twenty-four square feet (24 sq. ft.) or thirty percent (30%) of the side panel of the trailer.
   14. The home occupation applicant must either be the bona fide owner of the home (as shown on the current Salt Lake County tax assessment rolls) or if the applicant is renting or leasing the home, the homeowner must provide written permission allowing the applicant to conduct a business in the home. Said letter of permission must be signed and notarized by the homeowner.
   15. The property address (house number) shall be clearly posted on the home using letters at least four inches (4”) in height in a color that contrasts with the color of the building.
   16. The condition of the dwelling and landscaped areas shall be well maintained.
   17. The activities of the home occupation may not involve the use of hazardous materials or chemicals in amounts that will increase the hazard of fire, explosion, or safety to the structure the use is conducted in, adjacent structures, or the occupants thereof.
4. Regulations and Enforcement.
   1. All home occupations shall obtain a Kearns business license.
   2. An application for a home occupation, accompanied by the application fee, shall be submitted to Planning and Development Services. The application shall be approved upon the applicant agreeing to comply with the standards set forth in this section.
   3. A change of business ownership or relocation to a new address is considered a new business and requires separate approval.
   4. The home occupation business license shall be renewed each year that the home occupation is in operation.
   5. All home occupations shall be reviewed for compliance with the provisions of this Chapter. Noncompliance may result in revocation of the home occupation business license.
   6. The business owner is responsible for complying with all applicable health, fire, building and safety codes.
   7. Violations of the standards set forth in this section shall be subject to the civil penalties outlined in Chapter 19.08. In addition, a business license revocation hearing may be scheduled at the discretion of the Director for any business found to be in violation of the home occupation standards or any other municipal ordinance.

The following standards shall apply to all hotels, motels and other similar lodging facilities that are new development, redevelopment, changed from another use, or retrofits of existing buildings:

1. The minimum number of floors within the building is three (3). Any basement space may not count toward meeting the minimum floor requirement.
2. Where stucco or fiber cement siding are used as exterior materials, at least twenty-five percent (25%) of the exterior shall be brick, stone or another comparable material approved by the Director or designee.
3. At least five (5) of the following amenities shall be included:
   1. Swimming pool;
   2. Hot tub;
   3. Fitness Room;
   4. Business Center;
   5. Meetings Rooms;
   6. Common Breakfast Space;
   7. Restaurant and/or Bar; and/or
   8. Substantial Gardens or a Reading Room
4. The minimum area per guest room shall be two-hundred and eighty square feet (280 sq. ft.).
5. Each guest room shall include a restroom.
6. Hotels, motels, or other lodging facilities are encouraged to co-locate with complementary uses such as dining, shopping and entertainment within close proximity.
7. In addition to meeting these standards, existing buildings or structures being converted to be or include a hotel, motel, or other lodging facilities shall be brought into conformance with all applicable building codes.
8. All guest rooms shall be accessed from interior corridors.

Household pets are prohibited in watershed areas, primary water supply recharge areas, or drinking water source protection areas, as determined by the Salt Lake Valley Health Department or Department of Environmental Quality.

The following standards apply to all commercial kennels and catteries:

1. The site shall be adequate in size and shape to accommodate the type of boarding cats or dogs/kennels proposed and all yards, walls, parking, landscaping, and other required improvements.
2. The use may not substantially lessen the usability or suitability of adjacent or nearby properties for planned or zoned uses.
3. Noise produced by the proposed use shall be in compliance with Chapter 9.36 of this code. When the animals are proposed for indoor accommodations, soundproofing shall be provided sufficient to prevent noise and vibrations from penetrating into surrounding properties or buildings.
4. All commercial kennels and catteries shall be designed and maintained in compliance with Title 8.
5. The property shall be maintained in such a way so as not to create conditions that attract flies or create other nuisances in accordance with Title 9.
6. The number of dogs or cats permitted for boarding or kenneling shall be as determined through the discretionary permit process, based upon site size, design and compatibility with surrounding uses.
7. The area where the dogs or cats are penned shall be screened with a block wall and a secure gate.
8. An isolated area shall be provided for animals that are sick or diseased.

Outdoor dining, when listed as a permitted or conditional use in the applicable zone and appurtenant to a permitted restaurant use, is subject to the following requirements:

1. A useable pedestrian sidewalk through zone at least five feet (5’) wide must be maintained as unobstructed by fire hydrants, trees, poles, meters, fountains, etc., and any proposed seating.
2. Restaurants serving liquor must be able to contain distribution to the site.
3. Public facilities, such as drinking fountains, fire hydrants, trash cans, etc., may not be obstructed. Public facilities may not be defaced or damaged. Damaged facilities will be restored at the property owner's expense.
4. Crosswalks may not be obstructed.
5. Dining may not interfere with adjacent business access, the growth or maintenance of street trees and maintenance of public facilities. Site distance for vehicles and pedestrians may not be obstructed.
6. Minimum Conditions of approval:
   1. There may be no addition to the number or arrangement of tables on public property without prior approval.
   2. Tables and chairs may not be located, other than approved in the initial application, so as to further encroach onto the designated public way.
   3. The management of the restaurant is responsible for the removal of litter, debris, snow, and sidewalk cleaning.
   4. There may be no additional signage, other than normal menus and logos on umbrella canopies.
   5. Restore any damage to public facilities and clean public facilities each day from food and drink spills and debris.
   6. Sidewalk dining is subject to inspection by the Planning and Development Services for compliance.
   7. Other dining facilities, such as cooking implements, coolers, serving tables, bars, etc., may not be allowed.

1. The purpose of regulating pawn shop establishments is to ensure security and compatibility with surrounding uses and properties and to avoid any impacts associated with such uses.
2. Pawn shop establishments, when listed as a permitted or conditional use in the applicable zone, are subject to the following requirements:
   1. Site location standards.
      1. The business may not be located within six-hundred feet (600’) of a public or private school (kindergarten through twelfth grade), church or other religious building, or public park, as measured from any point upon the outside walls of the building or building lease space containing the business to the nearest property line of the school, church or other religious building, or park site.
      2. The business may not be located within one hundred feet (100’) of any existing residential dwelling or property zoned for residential uses as measured from any point upon the outside walls of the building or building lease space containing the business to the nearest property line of the residential zoned property.
      3. The business shall be in a location that is fully visible from a public street with an unobstructed view from the public street for public safety.
   2. Operation and development standards.
      1. The business shall have lighting to provide illumination for security and safety of parking and access areas in accordance with this Title.
      2. The business window may not be tinted or obscured in any way, including by temporary or painted window signs, and the interior lighting of the business shall remain at adequate levels to clearly see into the business from the exterior of the business.
      3. A sign shall be posted in the front of the business indicating that no loitering is permitted per Kearns Municipal Code.

Reiki, where allowed as a permitted or conditional use in the applicable zone, is also subject to the following standards:

1. Hours of operation shall be between 7:00 a.m. and 10:00 p.m.
2. Each practitioner that is not an employee listed on the business licensee shall have a municipal business license.
3. Neither clients nor practitioners shall appear on the premises in a state of nudity or semi-nudity, as defined in the Sexually Oriented Business Chapter of Title 5 of this Code.
4. The premises may not be used for any conduct that violates Utah Code § 58-47h-501 of the Utah Massage Therapy Practice Act (2013) or sexual conduct that violates Title 76 of the Utah Criminal Code.
5. If a reiki practitioner, while performing the “spiritual healing art”, involves the use of any of the methods outlined in the scope of practice of Massage Therapy defined by Utah Code, then the reiki practitioner must be licensed as a Massage Therapist.

Residential facilities for persons with a disability are subject to the following standards:

1. Licensing. The licensing requirements for “residential treatment programs” and “residential support programs” are defined and administered pursuant to state law and the Utah Administrative Code.
2. Exceptions to Permitting Requirements. Four (4) or less unrelated individuals who share housekeeping responsibilities in a single dwelling do not require a land use permit but function as a “family,” as defined in Section 19.04.020 of this Title.
3. Reasonable Accommodation. The Director or designee shall consider requests for a permitted use/reasonable accommodation for a “residential facility for persons with a disability”. Residential facilities may be permitted in any zone where single-family residential uses are permitted, provided that:
   1. The residential facility meets or will meet all program, physical facility, and licensure requirements of the State Department of Human Services or Health Department;
   2. The residential facility meets all applicable municipal standards, licensing and zoning requirements;
   3. The residential facility may not house persons who are involuntarily residing therein or who are residing therein as a part of or in lieu of confinement, rehabilitation, or treatment in a correctional facility;
   4. The applicant provides sufficient evidence that the requested accommodation is necessary to allow disabled individuals reasonable, non-discriminatory, federally mandated housing opportunities in the relevant zone. Evidence may include information relating to the history, management, financial feasibility, and therapeutic benefits of the residential facility, and applicable law; and
   5. The Director or designee may not deny the application based upon reasonably anticipated detrimental effects to the community so long as reasonable conditions are proposed to mitigate such anticipated detrimental effects.
4. Termination. A residential facility use permitted by this Title is nontransferable and shall be subject to revocation by the appropriate land use authority if:
   1. The facility is devoted to a use other than a residential facility for persons with a disability;
   2. The residential facility exceeds the maximum number of residents specified and approved in the original application, changes the disability classification under Utah Code, or remodels or expands without first receiving the applicable permits; or
   3. The residential facility is not licensed by the State Department of Health or Department of Human Services.
5. Day Treatment. To avoid excessive traffic, overburdened on street parking, and related impacts altering the residential character of a neighborhood, no day treatment for non-residents shall be permitted in residential facilities for persons with a disability in the R-1 or R-2 Zones.

Retail shops or galleries where primary product is produced on site, where allowed as a permitted or conditional use in the applicable zone, are also subject to the following standards:

1. The applicant shall demonstrate that noise, odors, traffic, light pollution, and refuse produced by the use shall be reasonably mitigated.
2. Storage of products may not block front windows nor spill outdoors onto the property.

1. For the purposes of this Section:
   1. “Community location” means:
      1. Public or private kindergarten, elementary, middle, junior high, or high school;
      2. Licensed child-care facility or preschool;
      3. Trade or technical school;
      4. Church, mosque, temple, or other religious building;
      5. Public library;
      6. Public playground;
      7. Public Park;
      8. Youth center or other space used primarily for youth-oriented activities;
      9. Public recreational facility; or
      10. Public arcade.
   2. “Retail tobacco specialty business” means a commercial establishment in which:
      1. The sale of tobacco products accounts for more than thirty-five percent (35%) of the total annual gross receipts for the establishment;
      2. Food and beverage products, excluding gasoline sales, is less than forty-five percent (45%) of the total annual gross receipts for the establishment; and
      3. The establishment is not licensed as a pharmacy under Title 58, Chapter 17b, Pharmacy Practice Act.
   3. “Tobacco product” means:
      1. Any cigar, cigarette, or electronic cigarette as defined in Utah Code §76-10-101;
      2. A tobacco product as defined in Utah Code §59-14-102, including:
         1. Chewing tobacco; or
         2. Any substitute for a tobacco product, including flavoring or additives to tobacco; and
      3. Tobacco paraphernalia as defined in Utah Code §76-10-104.1.
2. A retail tobacco specialty business may not be located within:
   1. One-thousand feet (1,000’) of a community location;
   2. Six-hundred feet (600’) of another retail tobacco specialty business; or
   3. Six-hundred feet (600’) of a residential or agricultural zone or use.
3. For the purposes of Subsection 19.42.270(B) above, the proximity requirements shall be measured in a straight line from the nearest entrance of the retail tobacco specialty business to the nearest property boundary of the community location, retail tobacco specialty business, or agricultural or residential zone or use, without regard for intervening structures or zoning districts.
4. A retail tobacco specialty business that has a business license and was operating lawfully on or before May 8, 2012, is exempt from the requirements of Subsection 19.42.270.B if said business meets all of the following criteria:
   1. The business license has been renewed continuously without relapse or permanent revocation;
   2. The retail tobacco specialty business has not closed for business or otherwise suspended the sale of Tobacco Products for more than sixty (60) consecutive days;
   3. The retail tobacco specialty business does not substantially change the business premises or its business operation; and
   4. The retail tobacco specialty business maintains the right to operate under the terms of other applicable laws, including but not limited to zoning ordinances, building codes, and the business license that was issued prior to May 8, 2012.

1. Purpose. The purpose of regulating self-service fuel stations is to ensure compatibility of such uses with surrounding uses and properties and to avoid any impacts associated with such uses.
2. Site Organization.
   1. Building Locations. Service station buildings, e.g., convenience store structures should be located on the corner of the property with the pump islands located to the interior of the site to give the facility a good architectural presence from the street(s).
   2. Driveways.
      1. Driveway cuts shall be limited and located as far from the intersection as possible and are required to be shared with adjacent uses and/or properties, where possible, to eliminate traffic conflicts at intersections.
      2. Driveways shall be designed and located to ensure a safe and efficient movement of traffic and pedestrians on and off the site.
      3. No more than one two-way driveway may be permitted per one hundred linear feet (100’) of street frontage.
   3. On Site Vehicle Storage. Storage of vehicles is prohibited.
3. Special Requirements.
   1. Patron Vehicle Servicing. Areas should be provided on self- service station sites to allow patrons to service their vehicles with air and water. These facilities should be located where they do not obstruct circulation patterns of the site.
   2. Car Washes (Accessory to An Automotive Service Station).
      1. A car wash structure, where provided, shall meet the minimum setback standards for the zoning district in which it is located.
      2. Automatic car wash facilities may provide areas for vacuuming and drying of vehicles upon exiting the car wash structure. Such areas shall be located where they do not obstruct circulation patterns of the site.
      3. A minimum of eight feet (8') of space shall be provided between the exit of the car wash structure and any cross driveway to allow for sight distance of vehicles in the crossing driveway.
4. Pump Island Canopy Design.
   1. Setbacks. Fuel pump island canopies located at service stations shall be set back a minimum of twenty feet (20') from all front property lines.
   2. Vehicle Stacking. Each pump island should generally include stacking space for a minimum of two (2) vehicles (total of forty feet (40’)) on site so that driveways within the site or adjacent street areas are not utilized for waiting customers. Pump island stacking may not encroach upon required parking space back out areas (twenty-four feet (24’) minimum) or two-way driveways for general site circulation (twenty-four feet (24’) minimum).
   3. Lighting. All canopy illumination and lighting directed toward the ground shall be recessed into the canopy.
   4. Vertical Clearance. There shall be a minimum clearance of thirteen and one-half feet (13.5’) to the bottom of the canopy above grade.
   5. Height. Vertical canopy fascia utilized for signage may not exceed four feet (4') in height, and the height to the top of the vertical fascia may not exceed twenty feet (20') from grade unless otherwise approved by the Director.
   6. Pumps associated with a self-service fuel station are subject to the parking requirements of Chapter 19.48 and all other applicable ordinances.
5. Architectural Design.
   1. All building elevations shall comply with applicable standards.
   2. The length of pump canopies shall be minimized as much as possible. If the site allows, pump canopies shall be broken up into two (2) separate locations. This reduces the effect of pump canopies dominating other buildings on the site.
   3. Pump island structural columns and canopy fascia shall use the same architectural materials as the primary building, e.g., stone, brick, etc., and shall run from ground level to the bottom of the canopy.
6. Speaker Boxes. Speaker boxes designed to communicate from pump islands may not be audible on any residential property adjacent to the business and shall comply with the applicable noise ordinances
7. Drive-thru businesses and activities conducted on site, where permitted, shall be subject to the drive-thru standards in this Chapter.

Outdoor self service storage facilities, where allowed as a permitted or conditional use in the applicable zone, are also subject to the following standards:

1. Self-storage unit facilities may not be visually prominent from the street. Facilities shall be located behind another building or buildings containing another permitted use. An applicant may propose a portion of the facility to not be located behind another building or buildings if a forty-foot (40') landscape buffer is provided between the facility and the street.
2. Each self-storage unit facility shall include a masonry wall along the entirety of each street frontage.
3. No garage door or door accessing a unit may face a public street.
4. Storage units may not exceed one (1) story or twenty-four feet (24') in height.
5. In no case may any storage unit be used for human habitation or the housing of animals.
6. No business activity of any kind may be transacted from within a storage unit.
7. No outdoor storage or storage containers are permitted within the self-storage facility.
8. The masonry wall of the storage units may be constructed on the side and/or rear property lines when not abutting property in any residential zone.
9. A self-storage facility under sixty-thousand square feet (60,000 sq. ft.) may have one caretaker’s dwelling. A self-storage facility with at least sixty-thousand square feet (60,000 sq. ft.) and less than ninety-thousand square feet (90,000 sq. ft) may have two caretaker’s dwellings. A self-storage facility with ninety-thousand square feet (90,000 sq. ft.) or more may have three (3) caretaker’s dwellings.

1. Purpose. The purpose of this Section is to establish reasonable and uniform regulations for sexually oriented businesses, their location, and signage, and to mitigate adverse impacts to the community consistent with state and federal law.
2. Business Permitted—Restrictions.
   1. Other than outcall services and nude and seminude dancing agencies, sexually oriented businesses may be permitted only in areas zoned C-3 and M-1, subject to the following additional restrictions:
      1. Sexually oriented businesses shall be subject to conditional use requirements.
      2. No sexually oriented business may be located:
         1. Within one thousand feet (1,000’) from any school, public park, religious institution, or other sexually oriented business;
         2. Within three-hundred feet (300’) from an agricultural or residential boundary;
         3. Distance requirements for this Section shall be measured in a straight line, without regard to intervening structures, from the nearest property line of the school, public park, religious institution, agricultural or residential zoning district, or other sexually oriented business, and to the nearest property line of the sexually oriented business.
   2. Outcall services and nude and seminude dancing agencies shall be permitted only in zones where offices are allowed. Customers are not allowed to visit such an office.
3. Sign restrictions. Notwithstanding anything to the contrary contained in Chapter 19.52 of this Title, signs for sexually oriented businesses shall be limited as follows:
   1. No more than one exterior sign may be allowed.
   2. No sign may be allowed to exceed eighteen square feet (18 sq. ft.).
   3. Only flat / wall signs may be permitted.
   4. Painted wall advertising is prohibited.
   5. Other than the signs specifically allowed by this section, the sexually oriented business may not construct any temporary sign, banner, light or other device designed to draw attention to the business location.
4. Severability. If any provision of this Section, or the application thereof to any person or circumstances, is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity may not affect other provisions hereof which can be implemented without the invalid provision. To this end the provisions of this Section are declared to be severable.

1. Short Term Rentals are prohibited in all parts of Kearns Metro Township.
   

1. Sidewalk Displays and Sidewalk Cafes. The following standards apply to sidewalk displays and sidewalk cafes:
   1. The applicant shall demonstrate that the sidewalk display or café provides adequate space for the safe and comfortable circulation of pedestrians and other users of the right-of-way.
   2. Sidewalk displays and cafés may only be in operation from eight (8:00) am to ten (10:00) pm daily.
   3. Sidewalk display and café materials shall be temporary in nature, and the property owner shall move materials inside at the end of each business day.

1. Storage yards and salvage yards, when listed as a permitted or conditional use in the applicable zone, are subject to the following requirements:
   1. No portion of the storage area shall be located within three hundred feet (300') of any residential zone or use lot line.
   2. Any outdoor storage area shall be completely enclosed by a fence or wall no less than six feet (6') in height, constructed of a sturdy, durable material and sufficiently opaque to ensure that the stored material is not visible from outside the storage area. The fence or wall shall have a minimum of two (2) non-transparent gates not exceeding forty-eight feet (48') in width providing access to the storage area for vehicles but may not allow direct view of the storage area from adjacent properties or streets. Said fence or wall shall be continuously maintained in good condition and may contain only approved signs.
   3. Each salvage or storage yard must include a masonry wall along the entirety of each street frontage. This wall shall be constructed at the front setback line required for buildings in the underlying zone. The storage or salvage area may not be closer to the street than the front facade of the building. The Director may accept a landscaped berm in lieu of the masonry wall if the height, width, and berm landscaping fully screen the storage or salvage areas. A berm allowed in lieu of a masonry wall shall include live plant material that covers no less than fifty percent (50%) of the berm with grasses, bushes, ground cover or tree canopies. Trees and bushes must be at least twenty five percent (25%) evergreen.
   4. The surface of the storage or salvage yard shall be covered with an all-weather surface. Any stormwater or other runoff from the site shall be contained on the site and disposed of through an on-site drainage system, in conformance with applicable regulations to enforce the requirements of the National Pollutant Discharge Elimination Systems (NPDES) permit.
   5. Stored materials may not be stacked higher than six feet (6') and shall be stored in a manner so as not to be visible from adjoining properties or rights-of-way. In no case may salvage or junk be stored at a height exceeding the height of the storage area fence or wall. Operational vehicles and motorized equipment are not subject to the height requirement for storage. No inoperable vehicle or equipment may be stored within the outdoor storage areas. Permitted salvage yards are the only allowable storage areas for inoperable vehicles or equipment.
   6. Outdoor storage shall be kept and maintained in a neat and orderly manner. Outdoor storage may not include dirt, manure, gravel, rocks, sand, bark, or similar materials, unless the items are stored in bags, on pallets, or on other individually sealed containers.
   7. A management office shall be provided on site. A caretaker unit may be permitted for security personnel or on-site operator.
   8. Conditions within the storage area shall be controlled to minimize the hazards of fire and other threats to health and safety. Product, salvage, or other storage shall be stored in rows with a continuously looping drive aisles with a minimum width of twenty feet (20').
   9. Requests for a permit for a salvage yard shall also require submission of a detailed proposal identifying the predominant type of salvage to be received, the methods of separation and/or recycling, and ultimate destination of all salvaged, recycled, and waste materials. The applicant shall submit written materials outlining measures taken to comply with all necessary state, county, and local laws.
   10. All batteries shall be removed from any vehicle, and all radiator and fuel tanks shall be drained prior to the vehicle being placed in the storage yard. Salvaged batteries, oil and other such substances shall be removed by a licensed disposal company and be stored in a manner which prevents leakage of battery fluid. No fluids removed from vehicles may be applied as a dust control method, or otherwise allowed to be discharged upon the ground.
   11. Vehicle parts may not be stored, loaded, unloaded, or dismantled outside the fence enclosing the salvage yard.
   12. In order to protect surrounding areas, business operations, including loading and unloading operations shall be limited to daylight hours.

1. Towing services and impound lots, when listed as a permitted or conditional use in the applicable zone, are subject to the following requirements:
   1. No impound or tow yard shall be closer than three-hundred feet (300’) to any property in a residential or mixed-use zone, as measured from property line to property line.
   2. The impound or tow storage yard shall be entirely enclosed by a six foot (6’) decorative masonry wall.
   3. A minimum twenty-foot (20’) landscaped setback shall be provided along all street frontages.
   4. All wheels of vehicles within the impound yard shall have ground contact. No stacking of vehicles is permitted.
   5. The surface of the storage yard shall be covered with an all-weather surface. Any stormwater or other runoff from the site shall be contained on the site and disposed of through an on-site drainage system, in conformance with applicable regulations to enforce the requirements of the National Pollutant Discharge Elimination Systems (NPDES) permit.
   6. The business shall be operated in compliance with the provisions of Chapter 9.48 – Noise Control.
   7. The impound lot or tow yard and the associated landscaping, walls and surfaced areas shall be maintained in good repair, in a clean, neat, and orderly condition.
   8. All such areas shall be provided with internal circulation, safe entrances and exits in compliance with Title 14.
   9. No dismantling or demolition of automobiles or other vehicles may be conducted on the premises.

1. Purpose. The purpose of regulating vehicle repair and/or rental facilities is to ensure compatibility of such uses with surrounding uses and properties and to avoid any impacts associated with such uses.
2. All minor, major, and commercial and industrial vehicle and equipment repair and/or rental uses are subject to the following minimum requirements:
   1. A minimum site area of twenty thousand square feet (20,000 sq. ft.) is required.
   2. On- and off-site improvements shall be in conformance with the development standards of this Title.
   3. No part of the use may be located within one-hundred feet (100’) of a residential zone.
   4. All vehicle and equipment repair activities shall be conducted within an enclosed building.
   5. The site shall be developed with permanent, related buildings. No trailers or temporary modular units are permitted to be occupied on the site.
   6. Except as provided in herein below, inoperable vehicles, tires, parts, and service equipment may not be stored outside.
   7. Inoperable vehicles and equipment awaiting service may be temporarily parked on site in accordance with the following standards:
      1. Inoperable vehicles and equipment may not be located within any minimum required parking stalls and drive aisles and may not block any traffic flow;
      2. Inoperable vehicles and equipment shall be screened from any adjacent streets by a building or solid masonry wall not less than six feet (6’) in height;
      3. Inoperable vehicles must be located on asphalt or concrete; and
      4. Inoperable vehicles may not be stored on the property longer than thirty (30) days.
   8. Commercial and industrial vehicle and equipment repair and/or rental establishments must be located within 1500 feet of an arterial or major collector street on the UDOT Functional Classification Map, measured via the most direct vehicular route from the subject property boundary to right of way line. Where a principal arterial has a frontage road, primary access from the frontage road is sufficient to meet this standard.

1. Purpose. The purpose of this Section is to establish general requirements for the siting of wireless telecommunications facilities and to:
   1. Encourage the location of facilities in nonresidential areas;
   2. Minimize the total number of monopole facilities throughout the community;
   3. Encourage the joint use of new and existing communication sites;
   4. Encourage the location of facilities where adverse impact on the community is minimal;
   5. Encourage innovative design of facilities to minimize adverse visual impact; and
   6. Enhance the ability of the providers of telecommunication services to do so quickly, effectively, and efficiently.
2. Applicability.
   1. The requirements of this Section apply to both commercial and private wireless telecommunications services, such as “cellular” or “PCS” (personal communications services) communications and paging systems.
   2. All facilities shall comply with the regulations in this Section, all other ordinances of the municipality, and any pertinent regulations of the Federal Communications Commission and the Federal Aviation Administration.
3. Site Location Plan Required
   1. A site location plan shall be submitted by each company desiring placement of wireless telecommunication facilities.
   2. The plan shall be submitted to Planning and Development Services prior to processing any permits for permitted or conditional use locations.
   3. The plan shall include an inventory of existing and anticipated sites for the municipality and within one-half mile of the municipal boundary.
   4. For each site, the plan shall indicate:
      1. Area coverage, if known;
      2. Antenna location;
      3. Antenna height above existing grade; and
      4. Antenna type.
   5. The plan shall be updated upon request from the Director or designee.
   6. Every plan shall be considered proprietary information and may not be part of the public record.
4. Allowable Uses. The wireless communications facilities specified in Table 19.42.350 are allowed, provided that they comply with all requirements of this Ordinance.
   
   

   TABLE 19.42.330: SPECIFIC USE STANDARDS ALLOWABLE WIRELESS COMMUNICATIONS FACILITIES
   P - Permitted Use C - Conditional Use N - Not allowed
   Zones	Wall Mount	Roof Mount	Monopole	Lattice Tower
   All FM, FR and F Zones	P1, C2	P1, C2	C	N
   All R-1 Zones	P3, C5	P3, C5	C3, C5	N
   All R-2 Zones	P3, C5	P3, C5	C3, C5	N
   R-4-8.5 Zones	P3, C5	P3, C5	C3, C5	N
   R-M Zones	P	P	C	N
   RMH Zones	N	N	N	N
   All A Zones	P1, C2	P1, C2	C	N
   All MU Zones	P1, C2	P1, C2	C	N
   All C Zones	P	P	C	N
   All M Zones	P	P	P4, C	N

   TABLE 19.42.330: FOOTNOTES
   
   ¹ Permitted use only on nonresidential buildings.
   ² Conditional use on residential buildings.
   ³ Allowed only in conjunction with public or quasi-public uses (see definitions in Chapter 19.04).
   ⁴ Permitted use if not within three hundred feet (300’) of a residential zone boundary.
   ⁵ Stealth facilities are conditional uses and not required to be located with public or quasi-public uses.
5. Facility Types and Standards. There are four (4) general types of antenna structures. The standards for the installation of each type of antenna structure are as follows:
   1. Wall Mounted Antenna: See Figure 19.42.350 B.
      1. Wall mounted antennas may not extend above the wall line of the building or structure or extend more than four feet horizontally from the face of the building or structure.
      2. Antennas, equipment, and the supporting structure shall be painted to match the color of the building, structure, or background against which they are most commonly seen.
      3. Antennas and the supporting structures on buildings should be architecturally compatible with the building.
      4. Antennas shall be considered wall mounted if they are mounted directly on existing parapet walls, penthouses, or mechanical equipment rooms, with no portion of the antenna extending above the roofline of such structures.
      5. Stealth wall mounted antennas are encouraged, and variations from the provisions of this Section may be allowed, as determined by the Director for permitted uses and the Planning Commission for conditional uses. Stealth wall mounted antennas need not be located with public or quasi-public uses in all R-l, R-2, and R-4-8.5 zones (see Table 19.42.350).
   2. Roof Mounted Antenna: see Figures 19.42.350 C and 19.42.350 D.
      1. Roof mounted antennas shall be allowed on top of existing penthouses or mechanical equipment rooms. Antennas and antenna mounting structures may not extend more than eight feet (8’) above the existing roofline of the penthouse or mechanical equipment room.
      2. For antennas not mounted on a penthouse or mechanical equipment room but on a flat roof:
         1. Setback. The antennas shall be mounted at least five feet from the exterior wall or parapet wall of the building or structure.
         2. Height: see Figure 19.42.350 C.
            1. For antennas mounted between five and fourteen feet (5-14’) from the exterior wall or parapet wall, the maximum height of the antenna is equal to the distance the antenna is set back from the exterior wall or parapet wall.
            2. For antennas setback more than fourteen feet (14’), the maximum height shall be fourteen feet (14’).
            3. Antennas extending more than nineteen feet (19’) above the roofline require conditional use approval.
            4. Height shall be measured from the top of the antenna to the roofline of the building or structure, or to the top of the parapet wall if a parapet wall exists.
         3. Roof-mounted antennas extending above the roofline of any penthouse or mechanical equipment room require conditional use approval.
      3. Roof mounted antennas on a pitched roof are allowed, provided the antennas and antenna support structures do not extend higher than the peak of the roof, measured by a horizontal line from the peak extending over the roof (see Figure 19.42.350 D).
      4. Roof mounted antennas shall be constructed and colored to match the surroundings in which they are located.
      5. Stealth roof mounted antennas are encouraged and variations from the provisions of this Section may be allowed, as determined by the Director for permitted uses and the Planning Commission for conditional uses. Stealth roof mounted antennas need not be located with public or quasi-public uses in all R-1, R-2, and R-4-8.5 zones (see Table 19.42.350).
   3. Monopole.
      1. The height limit for monopoles is sixty feet (60’), except that the Planning Commission may allow a monopole up to eighty feet (80’) in the C-2, C-3, M-1, and M-2 zones if it finds:
         1. The monopole will blend in with surrounding structures, poles, or trees and is compatible with surrounding uses;
         2. The monopole will be available for co-location with other companies; and
         3. The monopole will be setback at least three-hundred feet (300’) from any residential zone boundary.
      2. The height shall be measured from the top of the structure including antennas, to the original grade directly adjacent to the monopole.
      3. In all R-1, R-2, and R-4-8.5 zones, monopoles will only be allowed in conjunction with an existing public or quasi-public use as defined in Chapter 19.04, which include, but are not limited to, churches, schools, utilities, and parks.
      4. No monopoles may be allowed in the front yard setback of any lot.
      5. Monopoles shall be setback from any residential structure a distance equal to the monopole’s height.
      6. Stealth monopole facilities are encouraged and variations from the provisions of this Section may be allowed, as determined by the Director for permitted uses and the Planning Commission for conditional uses. Stealth monopoles need not be located with public or quasi-public uses in all R-1, R-2, and R-4-8.5 zones (see Table 19.42.350).
   4. Lattice Tower.
      1. Lattice towers are not permitted.
6. Color.
   1. The color of monopoles, antennas, and any associated buildings or equipment shall blend with the surroundings in which they are located.
7. Additional Requirements. The following shall be considered by the Planning Commission for conditional uses:
   1. Compatibility of the proposed structure with the height and mass of existing buildings and utility structures;
   2. The possibility of locating the antenna on other existing structures in the same vicinity, such as other monopoles, buildings, water towers, utility poles, athletic field lights, parking lot lights, etc., without significantly impacting antenna transmission or reception;
   3. Location of the antenna in relation to existing vegetation, topography (including ridge lines), and buildings to obtain the best visual screening;
   4. Spacing between monopoles that creates detrimental impacts to adjoining properties; and
   5. Installation of improvements, including, but not limited to public landscaping and fencing as per Section 19.16.060.
8. Accessory structures. Accessory structures to antenna structures shall comply with the required setback, height, and landscaping requirements of the zone in which they are located. All utility lines on the lot leading to the accessory structure and antenna structure shall be underground.
9. Non-maintained or Abandoned Facilities.
   1. The municipality shall provide notice to an owner or agent of a non-maintained or abandoned telecommunications facility that the facility must be repaired or put into use within ninety (90) calendar days.
   2. If the owner or agent fails to repair the facility or put the facility into use within ninety (90) days of notice, the municipality may require the facility to be removed from the building or premises.
10. Building Permit Required. A building permit from Planning and Development Services is required for all wireless telecommunication facilities, including, but not limited to, monopoles and roof and wall mounted antennas.
11. Illustrations. The illustrations, Figures 19.42.340 B, 19.42.340 C, and 19.42.340 D, are intended to demonstrate graphically the intent of this Chapter.
12. Exceptions for Amateur (Ham) Radio Antennas. This Subsection shall apply to amateur radio antennas and support structures. The equipment and facilities mentioned herein shall be allowed in all zones within the municipality, and it is the municipality's intent to provide reasonable accommodation for such communications. Regulations relating to Amateur Radio Antennas are separate from those relating to commercial wireless communication facilities. The following standards and any other municipal ordinances, regulations of the Federal Communications Commission, or regulations of the Federal Aviation Administration apply:
    1. Amateur radio antennas are regulated by the Federal Communications Commission.
    2. A building permit is required for all amateur radio facilities. A copy of the user’s amateur radio license shall be submitted with the building permit application. For antennas and support structures that do not exceed the maximum height requirement of the applicable zone, no additional review is required.
    3. Planning Commission review is required for antennas and support structures that exceed the maximum height requirement of the applicable zone. The Planning Commission, in considering the application, shall apply the minimal practicable regulation necessary to achieve its goal of protecting the welfare of the community while ensuring the regulation will not impinge on the needs of the amateur operator to engage in amateur communications. The Planning Commission shall not deny an application for an amateur radio antenna and support structure unless it can be shown that a hazard or a nuisance is created that cannot be mitigated with reasonable conditions.
    4. All antennas and support structures shall comply with the required setbacks of the applicable zone in which the property is located.
    5. No more than one amateur radio antenna and support structure per lot may be installed, and the antenna and support structure shall be located in the rear or side yard of a home or main structure.