Chapter 18.135
GENERAL REGULATIONS
Sections:
18.135.025 Reapplication following denial of rezone application.
18.135.030 Supplementary and qualifying regulations.
18.135.050 Streets and rights-of-way.
18.135.070 Fences and visual obstructions.
18.135.080 Conservation of value.
18.135.100 Nonconforming building and uses.
18.135.200 Temporary commercial uses.
18.135.010 Purpose.
The general purpose of this title is for the promoting of the health, safety, morals, convenience, order, prosperity and welfare of the present and future inhabitants of the city, including but not limited to: minimizing of the congestion on the streets and roads, securing safety from fire and other dangers, providing adequate light and air, classifying land uses to distribute development and utilization, protecting the local tax base, securing economy in governmental expenditures, fostering agriculture and other industries and protecting urban and nonurban development. In the event an operative provision of this chapter presents a conflict or inconsistency with a section or provision found elsewhere in this title, the other section or provision shall apply. [Amended during 2011 recodification. Code 1997 § 12-200-005.]
18.135.020 Amendments.
(1) The zoning map and use restrictions may be amended by the city council from time to time, but any amendment shall be first submitted to the planning commission for its review and recommendation. No proposed amendment affecting the number, shape, boundary or zoning classification of any zone shall be adopted unless the proposed zoning ordinance amendment complies with the following criteria:
(a) The proposed amendment will place all property similarly situated into the same zoning classification or in complementary classification.
(b) That all uses permitted under the proposed zoning amendment are in the general public interest and not merely in the interest of an individual or small group.
(c) All uses permitted under the proposed zoning classifications amendment will be appropriate in the area to be included in the proposed zoning amendment.
(d) The character of the neighborhood will not be adversely affected by any use permitted in the proposed zoning classifications.
(e) The proposed zoning amendment is consistent with the city’s master plan.
(2) Public Notice. At least 10 days prior to the planning commission or city council meeting at which the proposed rezone is scheduled for review, the planning department shall mail to all owners of property located within 1,000 feet of the boundary of the proposed rezone a written notice of the time, date, and place where the planning commission or city council will review and consider the proposed rezone. In addition, a notice shall be posted on the city’s webpage at least 10 days prior to the public hearing. The written notice shall also advise the property owner that he/she has the right to be present and the right to comment on the proposed site plan.
(3) The applicant will be responsible to pay fees associated with the noticing and public hearing. [Ord. 21-19 § 1 (Exh. A); Ord. 16-10 § 1 (Exh. A). Code 1997 § 12-200-010.]
18.135.025 Reapplication following denial of rezone application.
Following denial of a rezone application by the city council, an identical application to rezone the use of the property, without regard to the applicant, will not be accepted for a period of one year from the date of denial. Zone changes initiated by the city are not subject to this regulation. Upon reapplication, the applicant for the same rezone request which was denied in a prior year shall be required to pay application fees as established by the city council. [Ord. 16-10 § 1 (Exh. A).]
18.135.030 Supplementary and qualifying regulations.
(1) Lots in Separate Ownership – Reduced Yards. The requirements of this title as to minimum lot area or lot width shall not prevent the use for a single-family dwelling on any lot or parcel of land in the event that the lot or parcel of land was held in separate ownership at the time such parcel became nonconforming as to area or width.
(2) Area of Lots Including a Public Right-of-Way. Lots created prior to the adoption of local zoning regulations, having a public right-of-way included in the parcel description, may include up to one-half of the right-of-way within the area calculations when so approved by the city council.
(3) Reduced Yards. On lots having a smaller width than required for the zone in which it is located, the width of each of the side yards for a dwelling may be reduced to a width not less than the same percentage of the width of the lot as the required side yard; provided, however, that on interior lots the smaller of the two yards shall be in no case less than five feet, or larger than eight feet, and for corner lots the street side yard shall be in no case less than 10 feet or the side yard be less than five feet.
(4) Yard Space for One Building Only. No required yard or other open space around an existing building shall be considered as providing a yard or open space for any other building, nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected or established.
(5) Every Dwelling to Be on a Lot. Every dwelling shall be located and maintained on a lot as defined in this code.
(6) Sale or Lease of Required Space. No space needed to meet the width, yard, area coverage, parking or other requirements of this title for minimum lot or building requirements may be sold or leased away from such lot or building.
(7) Creation of Lots Below Minimum Space Requirements. No parcel of land which has less than the minimum width and area requirement for the zone in which it is located may be separated from a larger parcel of land for the purpose, whether immediate or future, of building or development as a lot.
(8) Yards to Be Unobstructed – Exceptions. Every part of a required yard shall be open to the sky (unobstructed), except for accessory buildings in a rear yard. The ordinary projections of skylights, sills, belt courses, cornices, chimneys, flues and other ornamental features shall not project into a yard more than two and one-half feet, and open or lattice-enclosed fire escapes, fireproof outside stairways and balconies open upon fire towers shall not project into a yard more than five feet. [Code 1997 § 12-200-015.]
18.135.040 Buildings.
(1) Minimum Height of Main Buildings. No dwelling shall be erected to a height less than one story above grade, except that dwellings designed to be complete with earth mounds or where part or all of the structure is located below grade for energy conservation purposes may be allowed when all applicable building and safety code regulations are met.
(2) Detached Single-Family Dwelling Outside Mobile Home Park or Mobile Home Subdivision. Any detached single-family dwelling located on an individual lot outside of a mobile home park or mobile home subdivision must meet the off-street requirements and the following standards in addition to any others required by law:
The dwelling must meet the building code.
The dwelling must be taxed as real property. If the dwelling is a manufactured home, an affidavit must be filed with the State Tax Commission pursuant to Section 59-2-602, Utah Code Annotated 1953.
The dwelling must be permanently connected to and approved for all required utilities.
The dwelling must have an attached two-car garage, said garage to conform to all applicable building codes.
The dwelling must be attached to a site-built permanent perimeter foundation which meets the International Building Code or, if the dwelling is a manufactured home, the installation must meet the ICBO Guidelines for Manufactured Housing Installations, including any successors to these standards, and the space beneath the structure must be enclosed at the perimeter of the dwelling in accordance with said ICBO guidelines with a perimeter concrete foundation. The roof shall have a roof surface of wood shakes, asphalt, composition, wood shingles, concrete, fiberglass or metal tiles or slate.
The dwelling must meet the minimum housing square footage requirements for the zone.
The dwelling must have a basement roughed in. The basement requirements may be waived upon showing that there is a groundwater problem on site that cannot be solved with reasonable expenses.
Dwellings without a basement (slab-on-grade) are allowed where the minimum square footage of the home is at least 1,500 square feet for one-story dwellings, and 1,800 square feet for two-story dwellings. Dwellings without a basement shall construct with a typical perimeter footing and foundation per International Building Code.
(3) Residential Construction. Riverton City will not issue building permits for new residential construction for any dwelling that does not meet the requirements of the following:
(a) The exterior design and materials of all dwellings must be of sufficient quality, durability, and resistance to the elements to satisfy the purpose of this title and the International Building Code. Exterior materials shall be limited to brick, concrete, glass, steel, aluminum, vinyl, tile, stone, stucco, wood, fiber-cement siding, or any other material allowed by the International Building Code. Brick, tile, stone, or fiber-cement siding is required on the front exterior walls of all residential buildings and the street side(s) of a corner lot. The minimum required amount of brick, tile, stone, fiber-cement siding, or combination thereof (measured in square feet) is 20 percent of each facade on which it is required. [Ord. 17-18 § 1 (Exh. A); amended during 2011 recodification; Ord. 4-22-03-1 § 1. Code 1997 § 12-200-030.]
18.135.050 Streets and rights-of-way.
(1) Clear View of Intersection Streets. In all zones that require a front yard, no obstruction to view in excess of three feet in height shall be placed on any corner lot within a regular area formed by the street property lines and a line connecting them at points 30 feet from the intersection of the street lines, except for a reasonable number of trees pruned high enough to permit unobstructed vision to an automobile driver and pedestrian-type identification signs when permitted by local sign regulations.
(2) Effect of Official Map. Wherever a front yard is required for a lot facing on a street for which an official plat has been filed with the county recorder, the depth of such front yard shall be measured from the mapped street line provided by the official map.
(3) Dedication of Frontage. In all instances where streets are intended for widening as shown on the official street map, the city master plan or as generally recognized by policy of the city, all new building construction shall comply with front yard setback requirements consistent with proposed right-of-way extensions. In the event the size, shape or configuration of a parcel of land demands greater contribution value than required by other landowners in similar instances, appeal for relief may be made to the board of adjustment.
(4) Fee Establishment. Fee established by the city.
(5) Driveway Approaches. For single-family homes, approaches shall be a minimum of 18 feet in width, and the maximum width shall be 40 percent of the lot frontage, as measured at property line. On corner lots, that measurement shall be to the start of the radius at the corner. Where a driveway exceeds 35 feet in width, a second driveway shall not be allowed on that frontage. Driveways shall be constructed of concrete or comparable hard surface, as approved by the building official, from a roadway up to the garage or approved parking area. Driveway approach width shall be measured at the face of curb or at the edge of roadway asphalt if no curb exists. A maximum of one driveway access shall be permitted per lot unless the following conditions apply:
(a) The second driveway is more than 25 feet from the main driveway; and
(b) The second drive does not access an arterial or collector street, unless approved by the city engineer. [Ord. 18-13 § 1 (Exh. A); Ord. 12-17 § 2. Code 1997 § 12-200-035.]
18.135.060 Lot improvements.
(1) Public Street Frontage. No building permit for new construction shall be issued for a lot fronting on a public street without full improvements constructed to city standards. Full improvements shall include paved street, piped and safety grated irrigation ditch (when applicable), and a water line of sufficient capacity to provide fire protection. Curb, gutter, and sidewalk may be waived pursuant to the payment of the frontage improvement impact fee established by the city. Use changes from lesser to greater intensity shall require the approval of the planning commission. Frontage improvements shall be required for no less than the minimum lot width mandated in the applicable zone. The costs of the improvements shall be borne entirely by the applicant for the permit or use change.
(2) Private Street and Right-of-Way. Upon recommendation by the planning commission, the city council may authorize conditional use approval of residential building permits for lots on private rights-of-way. All portions of private rights-of-way shall accommodate a street of no less than the following standard:
(a) For one residential user: 20 feet.
(b) For two residential users: 30 feet (16 feet paved surface width).
(c) For three or more residential users: 40 feet to 60 feet as determined by the city council (minimum of 25 feet paved surface width).
(d) For other than residential users: as determined by the city council.
(3) Turnabouts. Each private right-of-way serving two or more residential areas shall have strategically located, as determined by the city engineer, turnabouts to accommodate emergency service vehicles.
(4) Setbacks. Minimum yard setback requirements as defined for public streets shall apply to all buildings and uses adjoining private rights-of-way.
(5) Extension of Right-of-Way. No building or other structure shall be erected to obstruct the logical extension of any street right-of-way, whether or not such street is identified on the city street map or master plan.
(6) Utility Connections. All lots shall be provided with standard utility connections, furnished by the owner, including an approved sewage disposal system and a water line capable of supplying fire protection to within 200 feet of the dwelling.
(7) Curb, Gutter, Sidewalk Waived. In lieu of curb, gutter and sidewalk improvements, building permit approval shall be subject to the payment of the frontage improvement fee established by the city. [Code 1997 § 12-200-040.]
18.135.070 Fences and visual obstructions.
(1) Fence Height. No fence or wall or other similar structure shall be erected in any required front yard as defined herein to a height in excess of three feet; nor shall any fence or wall or other similar structure be erected in any side or rear yard to a height in excess of six feet. Where there is a difference in the grade of the properties on either side of the fence or wall, the height of the fence or wall shall be measured from the average grade of the adjoining properties, except that in any instance a three-foot-high fence shall be allowed.
(2) Fence Obstruction. Each corner lot shall be designed with a lot front according to the orientation of the dwelling or main use structure for fencing purposes. No fence, wall or visual barrier greater than three feet in height shall be erected in any defined front yard area and no fence, wall or visual barrier greater than three feet in height shall be erected to obstruct line of sight defined as follows:
(a) Within the triangular area formed by intersecting street property lines and a line connecting them at points 40 feet from the intersection of the street property lines.
(b) Within the triangular area formed by the street property line, the side line of a driveway or access way and a line connecting to points 10 feet from the intersection of the side driveway line and the street property line.
(c) See diagrams in RCC 18.155.190.
(3) Barbed Wire. It shall be unlawful for any person to erect or cause to be erected or to maintain any barbed wire fence along or adjacent to any street, or as a division fence between adjoining lots or parcels of land, either of which is occupied as a place of residence, and any such fence so erected or maintained is hereby declared a nuisance; provided, however, a fence with barbs not to exceed three strands of barbed wire may be placed upon the top of a fence not less than six feet high, said strands slanting inward at an angle of not more than 60 degrees from the vertical, for solely security reasons, around transformer stations, microwave stations, construction sites and other places other than in residential districts upon permission thereof having first been obtained from the planning and zoning commission upon a showing of reasonable necessity thereof. [Code 1997 § 12-200-045.]
18.135.080 Conservation of value.
(1) Wood. The outside surfaces of buildings and structures constructed of wood shall be coated with paint or other wood preservative before such building is occupied or used.
(2) Front Yard Landscaping. Whenever a front yard is required by this title, said yard shall be planted and maintained in lawn, trees, or other plantings, or landscape features, except for areas covered by walls, driveways, and structures. Such landscaping shall be done within one year from the date of the occupancy of the building.
(3) Commercial Landscaping. All yards or lots in commercial or manufacturing zones shall be planted and maintained in lawns, trees, or other plantings or landscaped features, except for yard areas covered by walls, driveways, parking lots and structures and working areas. Such landscaping shall be done within one year from the date of occupancy of any building.
(4) Trash, Rubbish, Debris, and Weeds. No trash, rubbish or debris shall be allowed to remain on any lot outside of approved containers, nor shall any weeds in excess of six inches in height be allowed to remain on any lot.
(5) Park Strip Landscaping. The area of the street right-of-way between the curb line, or the proposed curb lines as established by the city street standard, and the property line (park strip) shall be kept free of weeds and maintained by the abutting property owner and be landscaped with sod, shrubs, trees, ground cover, bark mulch, and decorative rock cobble. Materials which minimize water use are encouraged. Hard surfacing may be installed with an approved encroachment permit issued by the public works department. Hard surfacing, and all other materials, must comply with any and all applicable Riverton City ordinances, standards, and specifications, and may not include asphalt. Hard surfacing in a park strip may be limited or prohibited in certain areas to protect existing utilities and utility easements. [Ord. 16-38 § 1 (Exh. A). Code 1997 § 12-200-050.]
18.135.090 Animals and fowl.
(1) No agricultural animals or fowl shall be kept within 40 feet of any residential dwelling. No structure for the keeping of agricultural animals or fowl shall be constructed or maintained within 40 feet of a residential dwelling.
(2) Residential Chickens in Single-Family Residential Zones and Special Districts. Chickens may be kept on single-family lots in all single-family residential zones and in specific development districts, including Monarch Meadows, Western Springs, and Canyon View Park, under the following conditions:
(a) A maximum of six chickens, with no roosters allowed.
(b) The number of chickens allowed is based upon lot size, as follows:
|
Lot Size |
Maximum Number of Chickens Allowed |
|---|---|
|
Less than 0.11 Acre (Less than 5,000 Square Feet) |
0 |
|
0.11 Acre to 0.18 Acre (5,000 to 7,999 Square Feet) |
4 |
|
0.18 Acre + (8,000 Square Feet and Larger) |
6 |
(c) This section shall not be construed to allow pigeons, ducks, geese, or any other bird or fowl.
(d) A structure for the keeping of residential chickens allowed under this section shall not be located within 25 feet of any residential dwelling on an adjacent property.
(e) This section shall not apply to chickens kept under Chapters 18.15, 18.20, and 18.25 RCC.
(3) Residential Pygmy/Dwarf Goats in Special Districts. Pygmy/dwarf goats may be kept on single-family lots in all specific development districts, including Monarch Meadows, Western Springs, and Canyon View Park, under the following conditions:
(a) No less than two and no more than three pygmy/dwarf goats.
(b) Does or neutered males only. Kids may be kept no more than 12 weeks following birth.
(c) Goats must receive vaccinations annually through a licensed veterinarian, and be licensed annually through Riverton City.
(d) This language shall not be construed to allow any other breed or type of goat or other similar animals. [Ord. 23-07 § 1 (Exh. A); Ord. 20-28 § 1 (Exh. A); Ord. 19-02 § 1 (Exh. A); Ord. 17-15 § 1 (Exh. A). Code 1997 § 12-200-060.]
18.135.100 Nonconforming building and uses.
(1) Maintenance Permitted. A nonconforming building or structure may be maintained.
(2) Repairs and Alterations. Repairs and structural alterations may be made to a nonconforming building or to a building housing a nonconforming use with a valid building permit.
(3) Additions, Enlargements, and Moving. A building or structure occupied by a nonconforming use and a building or structure nonconforming as to height, area or yard regulations shall not be added to or enlarged in any manner or moved to another location on the lot except as provided herein.
(4) Alterations. A building or structure occupied by a nonconforming use or a building or structure nonconforming as to height, area or yard regulations may be added to or enlarged or moved to a new location on the lot upon receipt of a permit authorized by the board of adjustment, which may be issued; provided, that the board of adjustment after hearing shall find:
(a) The addition to, enlargement of, or moving of the building will be in harmony with the purposes of and shall be in keeping with the intent of this title.
(b) The proposed change does not impose any unreasonable burden upon the lands located in the vicinity of the nonconforming use or structure.
(5) Alteration Where Parking Is Insufficient. A building or structure lacking sufficient automobile parking space in connection therewith as required by this title may be altered or enlarged, provided additional automobile parking space is supplied to meet the requirements of this title for such alteration or enlargement.
(6) Restoration of Damaged Buildings. A nonconforming building or structure or a building or structure occupied by a nonconforming use which is damaged or destroyed by fire, flood, wind, earthquake or other calamity or act of God or the public enemy may be restored and the occupancy or use of such building, structure or part thereof, which existed at the time of such damage or destruction, may be continued or resumed; provided, that such restoration is started within a period of one year and is diligently pursued to completion.
(7) One-Year Vacancy. A building or structure or portion thereof occupied by a nonconforming use, which is, or hereafter becomes, vacant and remains unoccupied by a nonconforming use for a continuous period of one year, shall not thereafter be occupied except by a use that conforms to the use regulations of the zone in which it is located.
(8) Continuation of Use. The occupancy of a building or structure by a nonconforming use, existing at the time the ordinance codified in this title becomes effective, may be continued.
(9) Occupation Within One Year. A vacant building or structure may be occupied by a use for which the building or structure was designed or intended if so occupied within a period of one year after the use became a nonconforming use.
(10) Change of Use. The nonconforming use of a building or structure may not be changed except to a conforming use, but where such change is made, the use shall not thereafter be changed back to a nonconforming use.
(11) Expansion of Use Permitted. A nonconforming use may be extended to include the entire floor area of the existing building in which it is conducted at the time the use became nonconforming.
(12) Nonconforming Use of Land.
(a) The nonconforming use of land may be added to, enlarged, or moved to a new location on the lot upon which the use is established; provided, that the city council, after notification of all property owners within 1,000 feet of the boundary of the lot where the use is established, find that such change shall be in harmony and keeping with the purpose of this title, that it does not impose undue or unreasonable burden on adjoining land or use, and that the use is compatible with the general environment of the neighborhood. Application for change of a nonconforming use shall be made directly to the city council; however, such application may be referred to the planning commission for a recommendation from that body if so directed by the city council. All costs for notification of adjoining property owners, public hearing and administrative functions shall be borne by the applicant.
(b) A nonconforming use of land, or any portion thereof, which is abandoned or changed for a period of one year or more, shall cease to have continuing status and any future use of such land as was occupied by a nonconforming use shall be consistent with the provisions of this title.
(13) Geographic Information System.
(a) Purpose. The requirements contained herein relate to the submission of data to the city for further development of the city’s geographic information system, in order to facilitate the planning and management of the city.
(b) Submission Requirements. At the time of the applicant’s 90 percent bond release, the applicant shall provide as-built drawings in formats described in subsection (13)(d) of this section. If the applicant for the bond release is not the original applicant of record for a project, the applicant for the bond release shall still bear responsibility for submission of GIS data to the city as described herein. If no bond is required, data shall be submitted on approval of the project. These drawings shall include the following:
(i) Roadway system (stop signs, stop lights, street signs, street lights, speed limit signs, centerlines, curb and gutter, sidewalks).
(ii) Culinary water system (fire hydrants, water meters).
(iii) Secondary water system (secondary water stop and wastes).
(iv) Lots (closed boundary, lot number, lot size, address).
(v) Dedicated land (parks, trails).
(vi) Landscape (trees).
(c) Additional Information. The city reserves the right to request further information as directed by the city engineer.
(d) Data Formats. Electronic data formats of data required by this section shall be submitted in a format acceptable to the city engineer.
(e) Construction Projects. Construction projects extending into the public right-of-way where underground utilities could be identified shall be required to submit geographic data on the utility or item in the aforementioned formats. The geographic data shall be submitted within 14 days of completion of the project. The city will not release any bonds associated with the project until the GIS data has been satisfactorily submitted. The utilities include, but are not limited to, gas lines, phone lines, water lines, secondary water lines, sewer lines, cable TV lines, fiber optic cables, power lines, storm drains, and irrigation items and ditches. The city reserves the right to request further information as directed by the city engineer.
(f) Exemptions. Single-lot residential projects or applications that are not installing new or modifying existing utilities are exempt from GIS submittal requirements. Construction projects limited to single service laterals are also exempt.
(g) Exemption. Projects with an estimated cost of less than $50,000 may petition for an exemption with the city engineer prior to construction. [Amended during 2011 recodification; Ord. 5-1-01-1 § 1 (Exh. D § 12-2). Code 1997 § 12-200-065.]
18.135.200 Temporary commercial uses.
(1) Temporary commercial uses shall be defined as commercial uses which do not exceed 60 days in duration and which do not require permanent structures or improvements which are not already established with an approved permanent use. Such uses may include, but are not limited to, shaved ice stands, Christmas tree lots, and fireworks stands. A temporary commercial use may only be conducted on a commercially zoned parcel, except as described in RCC 18.190.090(16). Temporary commercial uses shall not cause or create a nuisance or hazard and shall conform to all requirements of this title. All trash will be removed and the property will be restored to a clean condition after the temporary commercial use has been terminated.
(2) Temporary commercial uses can be approved by the planning department. At the discretion of the planning manager temporary commercial uses may be referred to the planning commission as conditional temporary commercial uses. In such cases the applicant will be responsible for the noticing fees.
(3) Temporary commercial uses shall obtain and/or provide the following:
(a) A Riverton City business license for commercial uses.
(b) Property owner’s authorization.
(c) Building or electrical permit (if necessary).
(d) Plot plan showing the location of the use, buildings and structures, setbacks, parking, access to public streets and adjacent uses.
(e) Hours of operation.
(f) Salt Lake Valley health department approval (if necessary).
(g) Fire department approval (if necessary).
(h) Mass gathering permit (if necessary). [Ord. 20-02 § 1 (Exh. A).]