Chapter 18.35
R-3 RESIDENTIAL ZONE

Sections:

18.35.010    Purpose.

18.35.020    Permitted uses.

18.35.030    Conditional uses.

18.35.040    Permitted accessory uses.

18.35.050    Density and lot regulations.

18.35.060    Size of buildings.

18.35.070    Lots located on private lanes.

18.35.080    Fencing between noncompatible zones.

18.35.090    Automobile access.

18.35.100    Landscaping.

18.35.110    Swimming pools.

18.35.120    Churches, religious, cultural, public and quasi-public uses.

18.35.130    Buildings.

18.35.010 Purpose.

The purpose of the R-3 zone is to promote conditions favorable to medium-low density residential living. Such zoning districts are intended to include activities normally and necessarily associated with various residential and community needs as herein defined. The R-3 zoning district is to provide areas for single-family residential neighborhoods on medium and smaller sized lots without animal rights, allowing for a variety of housing styles. [Ord. 8-17-99-1 § 1 (Exh. A). Code 1997 § 12-230-005.]

18.35.020 Permitted uses.

(1) Dwelling, single-family.

(2) Parks and open spaces.

(3) Household pets (maximum two).

(4) Residential chickens: maximum six, with no roosters allowed. Shall not be construed to allow pigeons, ducks, geese, or other bird or fowl.

(5) Pygmy/dwarf goats: no less than two and no more than three pygmy/dwarf goats. Does or neutered males only. Kids may be kept no more than 12 weeks following birth. Goats must receive vaccinations annually through a licensed veterinarian, and be licensed annually through Riverton City. This language shall not be construed to allow any other breed or type of goat or other similar animals. [Ord. 19-02 § 1 (Exh. A); Ord. 17-15 § 1 (Exh. A); Ord. 8-17-99-1 § 1 (Exh. A). Code 1997 § 12-230-010.]

18.35.030 Conditional uses.

(1) Dwelling, residential facility for elderly persons subject to requirements of Chapter 18.165 RCC.

(2) Dwelling, residential facility for the disabled subject to the requirements of Chapter 18.165 RCC.

(3) Church, religious, cultural activity, subject to RCC 18.35.120.

(4) Public and quasi-public, subject to RCC 18.35.120.

(5) Home occupations subject to rules and regulations as listed in Chapter 18.190 RCC.

(6) Home on a private lane, subject to the requirements of this chapter.

(7) Single-family dwelling, move-on. [Ord. 08-13 § 1; Ord. 8-17-99-1 § 1 (Exh. A). Code 1997 § 12-230-015.]

18.35.040 Permitted accessory uses.

(1) Accessory Buildings. Garage, shed, and any building on a foundation, subject to the requirements of Chapter 18.225 RCC.

(2) Accessory Structures. Pools and jacuzzis, subject to the requirements of Chapter 18.225 RCC.

(3) Recreation Facilities. Basketball courts, tennis courts, and similar structures. [Ord. 11-15 § 1 (Exh. B); Ord. 8-17-99-1 § 1 (Exh. A). Code 1997 § 12-230-020.]

18.35.050 Density and lot regulations.

(1) Density. Subdivisions within the R-3 zone shall have no more than three residential lots per one acre net density, with no more than one dwelling unit per lot.

(2) Lot Size. An area of not less than 14,000 square feet shall be provided and maintained for each dwelling and uses accessory thereto.

(3) Frontage. The minimum frontage for any lot for a dwelling shall be 45 feet.

(4) Width. The minimum width for any residential lot in the R-3 zone shall be 90 feet, measured 30 feet from the front property line. The minimum width for corner lots shall be 10 percent greater than that of interior lots.

(5) Front Yard Requirements. The minimum front yard setback shall be 15 feet, as measured to the foundation, or to the foundation of a covered front porch or patio if present. Attached garages shall maintain a minimum front yard setback of 25 feet, as measured to the foundation, and a minimum 25-foot driveway, as measured to the foundation.

(6) Side Yard Requirements. All dwelling structures and other main buildings shall be set back from each side property line a distance of at least 10 feet on one side and eight feet on the other, a total of 18 feet, and a minimum of 16 feet between residential dwelling units. The 10-foot setback shall be on the side of the home where the garage is located. Setbacks shall be measured to the foundation.

(7) Rear Yard Requirements. All dwelling structures shall be set back from the rear property line a minimum of 25 feet as measured to the foundation, on irregular lots, an average of 25 feet as measured to the foundation; provided, that no portion of the building is closer than 15 feet to any rear property line. An unenclosed and attached covered porch or patio may extend to within 15 feet of the rear property line.

(8) Corner Lots. The side yard setback on the street side of the lot shall be a minimum of 20 feet to the house, as measured to the foundation. Side-loading garages on corner lots shall maintain a minimum side yard setback of 25 feet, as measured to the foundation.

(9) Building Coverage. Lots in the R-3 zone shall have a lot coverage of no more than 30 percent. [Ord. 18-35 § 1 (Exh. A); Ord. 18-12 § 1 (Exh. A); Ord. 16-30 § 1 (Exh. A); Ord. 11-15 § 1 (Exh. B); Amended during 2011 recodification; Ord. 09-06 § 2; Ord. 9-2-03-2 § 1; Ord. 2-5-02-1 § 1 (Exh. A); Ord. 8-17-99-1 § 1 (Exh. A). Code 1997 § 12-230-025.]

18.35.060 Size of buildings.

(1) Height of Buildings. All residential buildings in an R-3 zone shall be no higher than 35 feet.

(2) Minimum Square Feet. The following requirements apply to dwelling size in all single-family residential zones:

(a) One-Story Dwellings. Where there is no vertical separation from the ground floor of more than 36 inches, the minimum size of the dwelling shall be 1,200 square feet.

(b) Multi-Story Dwellings. The size of a multi-story dwelling shall be a minimum of 1,560 square feet (one and three-tenths times the area required for a single-story dwelling) finished area above ground level.

(c) Split-Level or Split-Entry Dwellings. The size of a split-level or split-entry dwelling shall be a minimum of 1,200 square feet finished area above ground level. [Ord. 11-15 § 1 (Exh. B); Ord. 8-17-99-1 § 1 (Exh. A). Code 1997 § 12-230-030.]

18.35.070 Lots located on private lanes.

The planning commission may authorize conditional use approval of residential building permits for lots on private rights-of-way under the following provisions:

(1) Rights-of-way shall be of sufficient design to service the projected use of property and adjoining properties that may have access across such rights-of-way. All new private lanes shall be fully improved with asphalt to adopted city standards. Curb, gutter or other appropriate storm drainage methods may be required, based upon city engineer’s review. All portions of private rights-of-way shall accommodate a street of no less than the standards as listed subsequently:

(a) One residential user: 20-foot right-of-way with a minimum of 15 feet of paved surface width.

(b) Two residential users: 25 feet (a minimum of 20 feet of paved surface width).

(c) Three to four residential users: 30 feet (a minimum of 25 feet of paved surface width).

(d) Development of up to four dwelling units on an existing private lane shall be developed to the minimum standards on the existing private lane. However, all new development shall provide or bond for asphalt pavement to city standards at a similar width to the existing private lane.

(2) A minimum pavement width of 20 feet shall be provided where lanes are more than 150 feet in length, regardless of the number of homes located thereon.

(3) A maximum of four residential users are permitted on a private drive or lane.

(4) All necessary public utility easements shall be dedicated for full access by city officials or workers, unless the private lane is part of a planned unit development for which there is a master water or utility meter.

(5) Minimum yard setback requirements as defined for public streets shall apply to all buildings and uses adjoining on private rights-of-way.

(6) No private drive or lane may be greater in length than 450 feet.

(7) No building or other structure shall be erected to obstruct the logical extension of any street as identified on the transportation element of the Riverton City general plan or master transportation plan.

(8) All lots shall be provided with standard utility connections, furnished by the property owner, including an approved sewage disposal system and water line capable of supplying fire protection to within 200 feet of a dwelling. A fire hydrant shall also be required to furnish said fire protection.

(9) Easements across private property in another ownership may be allowed to accommodate a private lane only if the property to be accessed is landlocked, with no other means of access available, now or in the foreseeable future.

(10) Private lanes shall be named and identified by means of a suitable permanent street marker to Riverton City standards.

(11) An approved driveway approach from the street to the lane shall be provided.

(12) A recorded binding covenant shall be prepared providing for maintenance for the lane, drainage structures, curb, and gutter and any other common improvements.

(13) Building permit approval shall be subject to payment of a construction bond required by the city for all improvements.

(14) Storm drain lines, inlets and/or on-site detention basins may be required.

(15) Improvements shall include a strategically located turnaround to accommodate emergency vehicles. The turnaround configuration may be in the following forms, as determined by the fire chief or designee, and must conform to the following standard:

(a) Cul-de-Sac. Minimum radius distance of 35 feet. This is the preferred radius for a turnaround and may be required if it is determined by staff to be feasible.

(b) Hammerhead. Minimum arm lengths of 45 feet or according to the current adopted fire code and may be in different configurations. The appropriate configuration shall be determined by the fire chief or designee. [Amended during 2011 recodification; Ord. 8-17-99-1 § 1 (Exh. A). Code 1997 § 12-230-035.]

18.35.080 Fencing between noncompatible zones.

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 may also be required by the planning commission or city council for other potential noncompatible uses. [Ord. 8-17-99-1 § 1 (Exh. A). Code 1997 § 12-230-040.]

18.35.090 Automobile access.

All automobile access shall be through the front setback only. [Ord. 8-17-99-1 § 1 (Exh. A). Code 1997 § 12-230-045.]

18.35.100 Landscaping.

Whenever a residential dwelling is constructed, landscaping shall be installed in the front yard within one year from the date of the occupancy of the building. Landscaped areas shall consist of an effective combination of trees, ground cover, and shrubbery. All unpaved areas not utilized for access or parking shall be landscaped in a similar manner. All landscaping shall be maintained in a neat and orderly fashion. [Amended during 2011 recodification; Ord. 8-17-99-1 § 1 (Exh. A). Code 1997 § 12-230-050.]

18.35.110 Swimming pools.

Any private swimming pool not completely enclosed within a building having solid walls shall be set back at least five feet from all property lines, and any public swimming pool not completely enclosed within a building having solid walls shall be set back at least 10 feet from all property lines. Any swimming pool shall be completely surrounded by a nonaccessible wall or fence having a height of at least six feet in which there shall be no openings larger than 36 square inches except for gates which shall be equipped with self-closing and self-latching devices. [Ord. 8-17-99-1 § 1 (Exh. A). Code 1997 § 12-230-065.]

18.35.120 Churches, religious, cultural, public and quasi-public uses.

Churches, religious and cultural buildings, public, and quasi-public uses shall conform to the following standards:

(1) Front Yard Setbacks. Provided that all parking is located in back of the building, the setback from the front property line shall be no less than 30 feet.

(2) Side Yard Setbacks.

(a) Compatible Land Uses. Setbacks between buildings of compatible land use may have a zero setback if both buildings are constructed with a one-hour fire wall. Otherwise, the setbacks shall be a minimum of 15 feet for adequate access. Also, building spans shall have separations for rear access every 300 linear feet unless it can be shown that safety vehicles can adequately service the buildings.

(b) Noncompatible Land Uses. When located adjacent to a residential district (excepting recognizable holding zones for future commercial development), side yard setbacks shall be a minimum of 20 feet.

(3) Rear Yard Setbacks. Where adjacent to residential zones, the minimum rear yard setback shall be one foot for every one foot in building height. However, there shall be a minimum setback of 15 feet, unless an access lane is planned, in which case, a minimum of 22 feet is required.

(4) Setbacks shall be measured to the foundation.

(5) Open Space. Each such site shall contain a minimum of 20 percent landscaped open space within property boundaries.

(6) Parking Areas. Parking associated with such sites shall comply with the provisions of Chapter 18.145 RCC, and with the Riverton City Standards and Specifications Manual.

(7) Building Height. Buildings shall not exceed two stories or 35 feet in height, whichever is less. Steeples or other decorative elements of a religious or cultural building may be allowed up to 50 feet as approved in the conditional use permit.

(8) Building Architecture.

(a) Protected Lower Wall. The lower wall shall be at least one-third the height of the first story. This lower portion of the wall may consist of brick, stone, or other decorative masonry.

(b) Upper Wall Materials. The remaining portions of the exterior building may consist of glass, brick or other decorative masonry, stucco, and treated wood. However, not more than 40 percent of the building’s exterior wall surface may be glass. [Amended during 2011 recodification; Ord. 08-13 § 1. Code 1997 § 12-230-080.]

18.35.130 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 or, if it is a manufactured home, it must be certified under the National Manufactured Housing Construction and Safety Standard Act of 1974, and must have been issued an insignia and approved by the following standards in addition to any others required by law:

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 the facade on which it is required. [Ord. 17-18 § 1 (Exh. A).]