Chapter 18.120
ELDERLY HOUSING OVERLAY (OV‑EH) ZONE

Sections:

18.120.010    Purpose.

18.120.020    Permitted uses.

18.120.030    Permitted accessory uses.

18.120.040    Placement of elderly housing.

18.120.050    Process.

18.120.060    Density and area requirements.

18.120.070    Setback requirements.

18.120.080    Building height.

18.120.090    Parking and access.

18.120.100    Vehicle storage.

18.120.110    Buffering and screening.

18.120.120    Standards for open space.

18.120.130    Independent elderly housing.

18.120.140    Fencing.

18.120.010 Purpose.

The elderly housing overlay (OV‑EH) zone is established to provide an area for elderly housing, including independent elderly housing, nursing homes, convalescent centers and assisted living centers adjacent to, or in proximity to, commercial centers, mass-transportation access, or community and civic centers. This overlay zone is not intended for hospitals, clinics, health care centers, or like uses. The OV‑EH zone may be permitted in any commercial or RM zone. The intent of this overlay zone is to provide adequate accommodation for Riverton’s elderly citizens, where the lifestyle is less burdensome and more convenient for residents to perform daily activities. [Ord. 2-3-98-2 § 1 (Exh. A § 12-256-005). Code 1997 § 12-340-005.]

18.120.020 Permitted uses.

Permitted uses in the elderly housing overlay zone shall be limited to the following uses or similar uses as interpreted by the planning commission:

(1) Independent elderly housing.

(2) Residential health care facility.

(3) Associated real estate/management office. [Ord. 2-3-98-2 § 1 (Exh. A § 12-256-010). Code 1997 § 12-340-010.]

18.120.030 Permitted accessory uses.

(1) Accessory Buildings. Garage, shed, and any building on a foundation (maximum one story or 15 feet).

(2) Accessory Structures. Pools and jacuzzis, subject to this chapter.

(3) Recreation Facilities. Recreation facilities such as game rooms, fitness facilities, basketball courts, tennis courts, and similar structures. [Amended during 2011 recodification; Ord. 2-3-98-2 § 1 (Exh. A § 12-256-015). Code 1997 § 12-340-015.]

18.120.040 Placement of elderly housing.

(1) Zones Applicable to Overlay. The elderly housing overlay zone may be used in conjunction with the following zones: downtown commercial, professional office, regional commercial, RM‑8 and RM‑12.

(2) Maximum Percentage. No more than 25 percent of any specific zone district may be considered for elderly housing overlay. There shall be no maximum allowable percentage within RM zones. [Ord. 2-3-98-2 § 1 (Exh. A § 12-256-020). Code 1997 § 12-340-020.]

18.120.050 Process.

An overlay zone must follow the rezoning process to add elderly housing as a permitted use onto these zones: downtown commercial, professional office commercial, regional commercial, RM‑8, and RM‑12. This process is set forth in Chapter 18.220 RCC. [Ord. 2-3-98-2 § 1 (Exh. A § 12-256-025). Code 1997 § 12-340-025.]

18.120.060 Density and area requirements.

(1) Maximum Density. The OV‑EH zone shall have a maximum density of 20 dwelling units per acre for independent senior housing. Maximum density for a nursing home, convalescent center, or assisted living facility shall be as approved under the site plan, and consideration shall include parking and traffic management, maximum occupancy levels, and total square footage that can reasonably be accommodated under city ordinances on the site.

(2) Parcel Size. Each application pursuant to this chapter shall be for a site of not less than one acre and not more than 10 acres.

(3) Open Space. Each development in the OV‑EH zone shall have a minimum of 30 percent of the site reserved for common open space. [Ord. 14-05 § 1 (Exh. A); Ord. 2-3-98-2 § 1 (Exh. A § 12-256-030). Code 1997 § 12-340-030.]

18.120.070 Setback requirements.

(1) Front Yard Setback. The minimum setback from the facade of the residential building to the dedicated public right-of-way shall be no less than 30 feet, and 50 feet from an arterial street. The minimum setback shall be 20 feet from the back of a sidewalk which abuts a private driveway, private road, and/or parking areas. Canopies, overhangs and similar coverings may project into the front setback area a maximum of 10 feet. However, overhead projections shall not extend lower than nine feet above finished grade.

(2) Side Yard Setback. All buildings shall have a minimum setback of 20 feet between all detached buildings or from the property line. Where buildings are two stories, setbacks between buildings shall be a minimum of 30 feet. Where a side yard is located contiguous with a public street, the side yard setback shall not be less than 30 feet.

(3) Rear Yard Setback. All buildings shall have a rear setback of 30 feet. Parking areas shall have a minimum setback of 10 feet from the rear property line.

(4) Accessory Buildings and Uses.

(a) There shall be a two-foot minimum setback from the side and rear property lines; provided, that accessory buildings are constructed of fire-resistant materials which provide a one-hour or greater fire rating, rain gutters and rain pipes are installed, and buildings are not located within 10 feet of any dwelling or main building located on an adjoining lot.

(b) Detached garages and accessory buildings shall be set at least 10 feet behind the main structure.

(c) Accessory buildings or uses shall not encroach upon any easement or right-of-way.

(d) Structures greater than 600 square feet in size shall be approved by the planning commission before a public hearing. [Ord. 2-3-98-2 § 1 (Exh. A § 12-256-035). Code 1997 § 12-340-035.]

18.120.080 Building height.

The maximum height for all buildings and structures in the OV‑EH zone shall be no more than 35 or two and one-half stories, whichever is greater. [Ord. 2-3-98-2 § 1 (Exh. A § 12-256-040). Code 1997 § 12-340-040.]

18.120.090 Parking and access.

(1) Number and Width of Driveways. For each development, no more than two driveways shall be used for each 200 feet of parcel frontage or fraction thereof. Each driveway shall have a minimum width of 24 feet and a maximum width of 40 feet exclusive of turnout areas to allow access to a garage or side yard.

(2) Restrictions on Corner Lots. Driveways shall not be closer than 100 feet to the point of intersection as measured at the property line.

(3) Minimum Number of Spaces. The minimum number of parking spaces shall be according to Chapter 18.145 RCC, and shall depend on the type of elderly housing proposed.

(4) Parking Setback. Parking shall be set back a minimum of 10 feet from any property line.

(5) Carport Requirements. When carports are used in parking areas, they shall be required to be constructed with the following elements:

(a) Roofs. Roofs shall have a pitch of at least 20 percent. No wood shingles shall be used.

(b) Supports and Pillars. Supports and pillars shall be constructed of masonry and shall have a minimum dimension of three square feet. Pillars shall be placed no less than every five stalls.

(6) Other Requirements. Parking in the OV‑EH zone shall follow all other applicable parking regulations as listed in Chapter 18.145 RCC. [Ord. 2-3-98-2 § 1 (Exh. A § 12-256-045). Code 1997 § 12-340-045.]

18.120.100 Vehicle storage.

(1) Inoperable Vehicles. No licensed or unlicensed motor vehicle of any kind or part(s) thereof, which is in a wrecked, junked, partially dismantled, inoperative or abandoned condition, whether attended to or not, shall be parked in the OV‑EH zone for a period of time in excess of 72 hours, except that a maximum of two such vehicles or parts thereof may be stored or parked within a building or behind an opaque screening fence.

(2) RV Storage. Each independent elderly housing development shall provide recreational vehicle storage areas for a minimum of five percent of dwelling units within the development. Storage areas shall be screened with a minimum six-foot solid masonry wall and seven feet of landscaping. [Ord. 2-3-98-2 § 1 (Exh. A § 12-256-050). Code 1997 § 12-340-050.]

18.120.110 Buffering and screening.

(1) Incompatible Land Uses. When any new development in the OV‑EH zone creates an incompatible land use there shall be a fenced and/or landscaped area provided along the entire parcel(s) adjacent to the incompatible use created by the new development, as approved by the city council upon recommendation of the planning commission. These same requirements shall apply to the lots of any development adjacent to collector or arterial streets as shown on the transportation element of the Riverton City general plan.

(2) Trash Storage. No junk or trash shall be stored in an open area. All such materials must be screened from public streets and adjacent properties with opaque screening material. Storage of commercial goods or materials is expressly prohibited. [Ord. 2-3-98-2 § 1 (Exh. A § 12-256-055). Code 1997 § 12-340-055.]

18.120.120 Standards for open space.

Open space shall be maintained by the owner and shall meet the following minimum requirements:

(1) All areas shall be properly graded so as to cause no drainage problems to adjacent homes or other uses.

(2) All open space shall be sodded or seeded to provide a visually pleasing as well as functional space for appropriate activities.

(3) Where it is deemed appropriate, native grasses and plants may be used along equestrian trails, bicycle paths, etc. Steps will be taken by developers to guard against such spaces becoming a fire hazard or haven for insects.

(4) All areas shall have a minimum number of both deciduous and evergreen trees to provide for shade and to provide visual relief and a source of rural atmosphere. The following shall be required:

(a) A minimum of 20 trees per acre shall be planted and maintained.

(b) Trees shall be a minimum of one-and-one-half-inch caliper to two-inch caliper or, if evergreen, seven feet to nine feet tall.

(c) All areas shall be watered by an installed irrigation system.

(5) Open Space Guarantees. Within all areas where condominium ownership is established in the RM‑12 zone, adequate assurance in a form approved by the city attorney shall be provided for permanent retention and maintenance of all open space and areas of common ownership. A building permit shall not be issued until all required guarantees have been reviewed by the planning commission and approved by the city council. Such open space guarantees could include easements to the city for perpetual use as open space.

(6) Landscaping Guarantee. Whenever a residential dwelling is constructed, landscaping, in the form of lawn, trees, or other plantings or landscape features, except for areas covered by walls, driveways, and other structures, shall be installed before issuing a certificate of occupancy unless weather forces the developer to bond with the city for the landscaping for a maximum period of six months.

All landscaping shall be of sufficient quality, durability and survivability. Landscaping and open spaces shall be watered by a pressurized irrigation system installed to meet the watering needs of all flora. [Amended during 2011 recodification; Ord. 2-3-98-2 § 1 (Exh. A § 12-256-060). Code 1997 § 12-340-060.]

18.120.130 Independent elderly housing.

(1) Conditions. Independent elderly housing facilities shall be subject to the following conditions before being granted a conditional use permit, and said permit shall not be denied where a facility is found to meet all conditions set forth in this chapter:

(a) Code Compliance. The facility shall meet all city and state building, safety and health laws and regulations applicable to other dwellings in the zone. Further, the facility shall meet all state and federal laws which apply to structures and facilities used by elderly people.

(b) Residents. No person being treated for alcoholism or drug abuse shall be placed in said dwelling. No person who is violent shall be placed in said dwelling. No residents of said facilities shall be less than 55 years of age unless a spouse to a resident who is 55 years of age or older.

(c) Volunteer Basis. Placement in said dwelling shall be on a strictly voluntary basis and not part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility.

(d) Interior. For convalescent homes, no more than two residents shall sleep in a single bedroom. A minimum of 60 square feet per individual shall be provided in a double-occupancy bedroom. A minimum of 100 square feet per individual shall be provided in a single occupant bedroom.

(e) Other Conditions. The city council, upon prior recommendation of the planning commission, may set other reasonable conditions for any individual applicant which it feels will further the intent of Section 10-8-2.6, Utah Code Annotated 1953, as amended, and this chapter.

(2) Application Accompanied by Plot Plan. An application for a residential facility for elderly persons pursuant to this chapter shall be accompanied by a plot plan in duplicate, drawn to scale, showing the actual dimensions of the property, the size and locations of existing buildings, all hard-surfaced areas, landscaped areas and such other information as may be necessary to provide for the compliance of this chapter.

(3) Discrimination Prohibited. Discrimination against elderly persons and against residential facilities for elderly persons is prohibited. All decisions regarding an application for a residential facility for elderly persons must be based on legitimate land use criteria, and may not be based on the age of the facility’s residents.

(4) Duration. A conditional use granted under this chapter is transferable only upon prior approval of the city council and terminates if the structure in which the facility is housed is devoted to use other than as a residential facility for elderly persons; if the structure fails to comply with applicable health, safety and building codes; or if the operation of the facility is transferred. If any of the above takes place, the structure cannot be sold or used as a multifamily unit unless a permit is obtained from the city.

(5) Licensing. Upon receipt of a conditional use permit, the applicant shall obtain a license from the Utah State Department of Health and a business license from the city. In order to obtain the city business license, the applicant shall submit a copy of the state license. Thereafter, the business license shall be renewed from year to year by paying proper fees and maintaining the facility according to the standards set forth herein. The business license shall be subject to revocation for violation or noncompliance with any of the requirements set forth herein or nonpayment of the proper fees. [Ord. 6-2-98-1Q § 1 (Exh. A); Ord. 2-3-98-2 § 1 (Exh. A § 12-256-065). Code 1997 § 12-340-065.]

18.120.140 Fencing.

(1) Collector Street Fencing. All residential subdivisions having properties adjacent to or abutting onto a collector or arterial residential street shall have decorative fencing, in compliance with Chapter 18.155 RCC.

(2) Incompatible Land Uses. All properties adjacent to or abutting a rural residential or agricultural zone shall install fencing of sufficient quality, able to withstand an impact from large animals. Fencing for properties adjacent to other uses may also be required by the planning commission or city council to provide fencing of quality design, and landscape incorporation.

(3) Height Requirements. No wall or fence less than six feet in height shall be erected or maintained in any rear yard, nor shall any wall, fence, opaque hedge, or screening material be erected or maintained in any required front yard in excess of three feet in height. Except that any fence erected within 10 feet of any driveway and exceeding two feet in height shall be of visually nonobstructive material and shall be used to provide a safe distance for pedestrian and street traffic.

(4) Corner Lots. No wall, fence, opaque hedge, or screening material in excess of two feet shall be placed on any corner lot within a triangular area formed by the street property lines and a line connecting them at a point equal to the required setback lines. [Amended during 2011 recodification; Ord. 2-3-98-2 § 1 (Exh. A § 12-256-070). Code 1997 § 12-340-070.]