Chapter 18.60
RM-18 RESIDENTIAL ZONE
Sections:
18.60.040 Permitted accessory uses.
18.60.060 Setback requirements.
18.60.070 Square footage of dwelling units.
18.60.090 Multi-unit development standards.
18.60.130 Standards for open space.
18.60.140 Buffering and screening.
18.60.180 Independent elderly housing and convalescent homes.
18.60.190 Individual dwelling lot standards.
18.60.010 Purpose.
To provide areas of high residential density with the opportunity for varied housing styles and neighborhood character, including condominiums and multifamily dwelling units, with a maximum density of 18 dwelling units per gross acre. [Ord. 2-19-02-1 § 1 (Exh. A). Code 1997 § 12-255-005.]
18.60.020 Permitted uses.
(1) Condos or townhomes (attached or detached).
(2) Apartments (rental or owner-occupancy).
(3) Residential planned developments.
(4) Parks and open spaces (public).
(5) Household pets (two maximum). [Ord. 2-19-02-1 § 1 (Exh. A). Code 1997 § 12-255-010.]
18.60.030 Conditional uses.
(1) Nursing homes or convalescent care centers.
(2) Public and quasi-public buildings and uses.
(3) Group day care.
(4) Golf course (public or private) as part of a planned development.
(5) Medical clinics.
(6) Residential facilities for disabled.
(7) Independent senior citizen housing.
(8) Other compatible uses, not elsewhere specified, approved by the city council after recommendation by the planning commission. [Ord. 2-19-02-1 § 1 (Exh. A). Code 1997 § 12-255-015.]
18.60.040 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. Basketball courts, tennis courts, and similar structures. [Ord. 2-19-02-1 § 1 (Exh. A). Code 1997 § 12-255-020.]
18.60.050 Area requirements.
(1) Parcel Size. Each application pursuant to this chapter shall be for a site of not less than 10 acres and not more than 20 acres.
(2) Open Space. Each development in the RM-18 zone shall have a minimum of 40 percent of the site reserved for common open space. [Ord. 3-18-03-1 § 1; Ord. 2-19-02-1 § 1 (Exh. A). Code 1997 § 12-255-025.]
18.60.060 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 curb which abuts a private driveway, private road, and/or parking areas.
(2) Side Yard Setback. All buildings shall have a setback of 10 feet between all detached buildings. Where buildings are two stories, setbacks between buildings shall be a minimum of 25 feet. Where a side yard is located contiguous with a public street, the side yard setback shall not be less than 20 feet.
(3) Rear Yard Setback. All buildings shall have a rear setback of 25 feet which may include both private yard and common open space. Parking areas shall have a setback of 10 feet from the rear property line. Adjacent to a single-family residential zone, a minimum of 10 feet of landscaping shall be installed.
(4) Accessory Buildings and Uses.
(a) There shall be a five-foot minimum setback from the side and rear property lines to the closest portion of the building (including the eaves); provided, that rain gutters and rain pipes are installed. If the building does not meet the previous criteria the setback shall be a minimum of 10 feet from all property lines. If the accessory building is located within 20 feet of a dwelling or main building on an adjoining lot, it shall be constructed of fire-resistant materials which provide a one-hour or greater fire rating.
(b) Accessory buildings or uses shall not encroach upon any easement or right-of-way.
(c) Accessory structures of 500 square feet or less not approved as part of the site plan approval for a multifamily development shall be approved by the planning department prior to the issuance of a building permit.
(d) Accessory buildings shall be of quality design and workmanship to match the integrity and materials of the existing home or main dwelling unit(s). If approved hard surface materials are used for the main dwelling, similar and/or complementary materials shall be used on the accessory structure. Exterior materials may not include metal, particle board, plywood, cinder block, split-faced block, or other similar materials. [Ord. 2-19-02-1 § 1 (Exh. A). Code 1997 § 12-255-035.]
18.60.070 Square footage of dwelling units.
The following shall be the minimum size of any dwelling unit, exclusive of any open porches or garages in the RM-18 zone:
(1) Dwelling units with one bedroom shall be a minimum of 700 square feet.
(2) Dwelling units with two or more bedrooms shall be a minimum of 900 square feet. [Ord. 2-19-02-1 § 1 (Exh. A). Code 1997 § 12-255-040.]
18.60.080 Building height.
The maximum height for all buildings and structures in the RM-18 zone shall be no more than four stories or 48 feet, whichever is less. Accessory buildings shall be a maximum of 15 feet in height. Height is measured from permanent grade at ground level, as determined by the city engineer. [Ord. 2-19-02-1 § 1 (Exh. A). Code 1997 § 12-255-045.]
18.60.090 Multi-unit development standards.
Dwelling units may be clustered in common wall construction. Such units may have no more than two walls in common, excepting the dividing wall which serves as floor and ceiling between stacked units. Developments shall be limited to a maximum of eight attached units if the building is one story and eight attached units per story if the building is multi-story. [Ord. 2-19-02-1 § 1 (Exh. A). Code 1997 § 12-255-050.]
18.60.100 Parking and access.
The following requirements shall be followed when planning parking for a multifamily project:
(1) Number and Width of Driveways. For each multiple-family residential lot, 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. Units with attached garages shall comply with Riverton City’s residential driveway standard.
(2) Restrictions on Corner Lots. On any corner lot, no driveway shall be closer than 30 feet to the point of intersection as measured at the property line.
(3) Restrictions of Driveways on Collector Streets. Any lot fronting on a collector street shall have the driveway designed so that automobiles will not back onto the street.
(4) Minimum Number of Parking Spaces. Multiple-family developments shall have a minimum of two parking spaces per dwelling unit, with one and one-half spaces per one-bedroom unit. The city may require additional stalls based on size of each unit, cost of units, lifestyle characteristics, size of project, future expansion capability, workplace relationship, comparable projects in the area, or other issues as it sees fit. Condominium developments shall have a minimum of two parking spaces per dwelling unit, one of which shall be enclosed in a garage or in a carport. All parking shall comply with Chapter 18.145 RCC, Automobile Parking.
(5) Garage Requirements. A minimum of one-half of the units shall have a fully enclosed garage sized and designed to Riverton City standards and ordinance. The city may allow covered parking in place of garages depending on development type. Garages shall be sized to accommodate a full-size vehicle, with minimum dimensions to match a Riverton City standard parking stall. Such garage must be free of clutter and stored materials enough to house a car at all times. Multi-unit structures may construct underground parking structures to meet this requirement. Carports may not substitute for an enclosed garage if so required by the city. At the discretion of the city council, garages may not necessarily count towards the required number of parking stalls.
(6) 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 approved materials and shall have a minimum dimension of three square feet. Pillars shall be placed no less than every five stalls.
(7) Other Requirements. Parking in the RM-18 zone shall follow all other applicable parking regulations as listed in Chapter 18.145 RCC.
(8) Access to Parking. Each multi-unit building shall have reasonable access to parking. [Ord. 2-19-02-1 § 1 (Exh. A). Code 1997 § 12-255-055.]
18.60.110 Trash enclosure.
No junk or trash shall be stored in any open area. One dumpster shall be required for each development with an additional dumpster required for each additional 20 units after 20. Trash enclosures shall be screened by landscaping and solid screening material to match the exterior materials of the building. Chain link and fencing with vinyl slats are prohibited. Such areas are to be well maintained and oriented away from public view. Storage of commercial goods or materials is expressly prohibited. [Ord. 2-19-02-1 § 1 (Exh. A). Code 1997 § 12-255-060.]
18.60.120 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 on private property in the RM-18 zone for a period of time in excess of 72 hours, except that not more than two such vehicles or parts thereof may be stored or parked within a building or behind an opaque screening fence.
(2) RV Storage. The planning commission and city council may require each multifamily or condominium development to provide recreational vehicle storage areas for one recreational vehicle for a minimum of five percent of dwelling units within the development, to be evaluated with respect to size of each unit, cost of units, lifestyle characteristics, and size of project. Storage areas shall be fully enclosed and screened. [Amended during 2011 recodification; Ord. 2-19-02-1 § 1 (Exh. A). Code 1997 § 12-255-065.]
18.60.130 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 shall be taken by developers to guard against such spaces becoming a fire hazard or haven for insects and/or rodents.
(4) All areas shall have a minimum number of both deciduous and evergreen trees to provide for shade and to provide visual relief. The following minimums shall be required:
(a) A minimum of 20 trees per acre shall be planted and maintained, of which street trees shall be in addition to.
(b) Thirty percent of the interior trees shall be two-inch caliper or larger. No tree under one-and-one-half-inch caliper in size shall be accepted.
(c) All areas shall be watered by a pressurized irrigation system, installed to meet the watering needs of all flora. Irrigation design must be approved by the parks department prior to final plat approval by city council. Irrigation construction, along with all other landscaping improvements, shall be approved by the parks department for any public space prior to occupancy.
(5) Open Space Guarantees. Within all areas where common open space is required in the RM-18 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.
(7) Recreation Facilities. Recreation facilities, including tot lots, swimming pools, basketball courts, tennis courts, and other play areas and equipment, shall be provided as part of the open space requirements at a ratio of one facility for every 25 units, with a minimum of one tot lot per development. A club house may be considered an individual recreational facility if it houses a room with workout equipment. An exception to these requirements may be granted where the subject development is specifically set aside for senior citizens or elderly persons. All recreation facility types and designs shall be approved as part of site plan approval for the project. The city may accept expanded or enhanced facilities or uses as fulfilling the requirement for multiple facilities within a development at its sole discretion. [Amended during 2011 recodification; Ord. 2-19-02-1 § 1 (Exh. A). Code 1997 § 12-255-070.]
18.60.140 Buffering and screening.
When any new development in the RM-18 zone creates an incompatible land use, there shall be a minimum eight-foot solid masonry wall and a landscaped area provided along the entire lot(s) adjacent to the incompatible use created by the new development, as approved by the city council upon recommendation of the planning commission. The landscaped area required in this section shall be a minimum seven feet in depth, as measured from the centerline of the wall. 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. [Amended during 2011 recodification; Ord. 2-19-02-1 § 1 (Exh. A). Code 1997 § 12-255-075.]
18.60.150 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. 2-19-02-1 § 1 (Exh. A). Code 1997 § 12-255-080.]
18.60.160 Fencing.
Fencing within or surrounding any development shall comply with Chapter 18.155 RCC, Fences, as well as any specific requirements made and approved by the city council. [Ord. 2-19-02-1 § 1 (Exh. A). Code 1997 § 12-255-085.]
18.60.170 Lighting.
Developments shall have sufficient exterior lighting necessary to provide safety for residents and visitors of the development.
All developments shall abide by all street lighting ordinances and standards. [Ord. 2-19-02-1 § 1 (Exh. A). Code 1997 § 12-255-090.]
18.60.180 Independent elderly housing and convalescent homes.
(1) Conditions. Residential facilities for elderly persons 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) Parking. Sufficient off-street parking shall be provided for the residents, staff (including nonresident staff) and visitors without changing the residential character of the property. Said off-street parking shall also comply with city standards relating to side yard, rear yard, and front yard setbacks. Factors which will be considered in determining the number of spaces which will be required include: the width of the street, the availability of public transportation within a reasonable distance, and the availability of pedestrian access.
(c) Landscaping. All landscaping shall be maintained in a neat and orderly fashion. 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.
(d) Residents. No person who is being treated for alcoholism or drug abuse shall be placed in said dwelling. No person who is violent shall be placed in said dwelling.
(e) 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.
(f) 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.
(g) 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 building, 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 the proper fees and maintaining the facility according to the standards set forth herein. The business license and conditional use permit shall be subject to revocation for violation or noncompliance with any of the requirements set forth herein or nonpayment of the proper fees. [Ord. 2-19-02-1 § 1 (Exh. A). Code 1997 § 12-255-090.]
18.60.190 Individual dwelling lot standards.
Where a development proposes dwelling units on separate lots, the following standards apply. This does not include condominium units where the building footprint is in separate ownership.
(1) Lot Area. For single detached units, the minimum lot area shall be 5,000 square feet. For multifamily units, the minimum lot area shall be 7,000 square feet.
(2) Lot Width. For single detached units, the minimum lot width shall be 50 feet. For multifamily units, the minimum lot width shall be 70 feet. Lot width shall be measured at the front yard setback line.
(3) Lot Depth. The minimum lot depth shall be 80 feet.
(4) Front Yard.
Main Building: 15-foot minimum front yard setback measured to foundation.
Garage: 20-foot minimum setback measured to foundation.
(5) Side Yards.
Main Building: Five feet minimum side yard setback measured to foundation. Where adjacent to existing incompatible zoning or use, the setback shall be one foot for every foot in building height, with a maximum setback of 25 feet.
On corner lots, the street side yard setback shall be 15 feet from the right-of-way.
(6) Rear Yard.
Main Building: The minimum rear yard setback shall be 15 feet. Where adjacent to existing incompatible zoning or use, the setback shall be one foot for every foot in building height, with a maximum setback of 25 feet.
(7) Minimum Living Area Square Footage. The minimum finished living area square footage shall be 1,000 square feet for a single-story dwelling unit and 1,200 square feet for a two-story or split level dwelling unit.
(8) Maximum Building Height.
Main Building: 35 feet. No dwelling shall contain less than one story.
(9) Accessory Buildings. Accessory buildings shall comply with the requirements of Chapter 18.225 RCC, Accessory Structures.
(10) Exterior Materials. 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. Vinyl, aluminum, or other metal siding products are not permitted.
(11) Open Space. Areas where individual dwelling lots are utilized shall not be included in the open space requirements or calculations, with the exception of shared driveway clusters, as described below. Projects over 10 acres shall include a minimum of one acre of open space. A 10 percent reduction in lot size may be allowed to compensate for this requirement, except where a stormwater management area is utilized as open space. Said open space shall be privately owned and maintained unless otherwise approved by the city council prior to recordation of a plat and/or issuance of any building permits within the project.
(12) Shared Driveway Clusters. Where two or more units are clustered on a common shared driveway, the units shall be considered multifamily structures and this section shall not apply, regardless of whether the units are detached. All other applicable standards and requirements of this chapter shall apply. [Ord. 18-30 § 1 (Exh. A).]