TITLE 19 - UNIFORM ZONING ORDINANCE
Chapter 1 - General Provisions
19-1-1
19-1-2
19-1-2a
19-1-3
19-1-4
19-1-5
19-1-6
19-1-7
19-1-8
19-1-9
19-1-10
19-1-11
19-1-12
19-1-13
Short Title
Purpose
General Plan Compliance
Interpretation and Conflict
Changes and Amendments
Administration and Enforcement
Building Permits
Certificate of Occupancy Required
Issuance of Licenses and Permits
Violation a Nuisance
Violation a Misdemeanor
Territory Annexed to the City
Vacating Utility Easements
Building Over Private Property Utility Easement
19-1-1.
Short Title. This Ordinance shall be known as the "Uniform
Zoning Ordinance of Riverdale, Utah".
19-1-2.
Purpose. This Zoning Ordinance is designed and enacted for
the purpose of promoting health, safety, morals, convenience, order,
prosperity, and welfare of the present and future inhabitants of
Riverdale, Utah, including amongst other things, lessening congestion
on the streets or roads, securing safety from fire and other danger,
providing adequate light and air, the classifying land uses and
distribution of land development and utilization, protecting the tax
base, securing economy in governmental expenditures, fostering
commercial, industrial and agricultural growth, protecting the
environment, and protecting both urban and non-urban development of the
City.
19-1-2a. General Plan Compliance. No application for development, of
any kind or nature whatsoever, including but not limited to new
development, restructure development, or converted development, and/or
subdivision shall be allowed or permitted until a conceptual plan for
such development and/or subdivision shall have been reviewed and
approved by the City Planning Commission and City Governing Body
detailing how the proposed development and/or subdivision meets and/or
satisfies the development guidelines of the City’s General Plan,
including narrative sections and the Land Use Planning Map.
In the event a development and/or subdivision cannot meet and/or
satisfy the guidelines of the City’s General Plan, the party presenting
the conceptual plan may petition the City Planning Commission for its
determination to recommend an amendment to the City’s General Plan.
Should the Planning Commission determine that an amendment to the
General Plan is warranted, then the statutory requirements for pursuing
such an amendment to the General Plan shall be followed by the Planning
Commission and Governing Body.
Amendments to the General Plan, pursuant to this Section, will
only be considered upon a showing of undue hardship and/or adverse
extenuating circumstances.
For purposes of this Section, undue
hardship and/or adverse extenuating circumstances shall not include
concepts such as economic factor, developments created in complete
opposition to the General Plan, marketing hardship in the proposed
development, etc.
(Ordinance No. 552, Adopted December 2, 1998)
19-1-3.
Interpretation and Conflict.
(a) In interpreting and applying the provisions of this Zoning
Ordinance, the requirements contained herein are declared to be the
minimum requirements for the purpose set forth.
(b) This Zoning Ordinance shall not nullify the more restrictive
provisions of covenants, agreements, other ordinances or laws, but
shall
prevail
notwithstanding
such
provisions
which
are
less
restrictive.
19-1-4.
Changes and Amendments. This Zoning Ordinance, including the
maps, may be amended from time to time by the City Council after
holding a public hearing. At least fifteen (15) days notice of the time
and place of such hearing has to be published in a newspaper of general
circulation in the area. All proposed amendments shall be first
proposed by the Planning Commission or shall be submitted to the
Planning Commission for its recommendation which shall be returned to
the City Council for its consideration within thirty (30) days. Failure
of the Planning Commission to take action on the proposed amendment
within the prescribed time shall be deemed approval by such Commission
of the proposed change or amendment. The City Council may overrule the
Planning Commission's recommendation by a majority vote of its members.
[Utah Code Annotated, Sections 10-9-2 through 5, 10-9-19 through 22
(1953)].
(Ordinance No. 473, Adopted February 15, 1995.)
19-1-5.
Administration and Enforcement.
(a) The Chief Building Official of the City is hereby charged
with the administration and enforcement of the provisions of this
Zoning Ordinance.
(b) The Chief Building Official shall not grant a permit for the
construction or alteration of any building or structure, nor issue any
Certificate of Occupancy for a change in the use of land, if such
construction or alteration or change would be in violation or would
involve a violation of any of the provisions of this Zoning Ordinance
or any other ordinance of the City or of any law of the State of Utah.
(c) The Chief Building Official shall enforce all of the
provisions of this Zoning Ordinance. He shall inspect or cause to be
inspected all of the buildings in course of construction, alteration,
or repair, and any change in the use of land. If, in the course of such
inspection, or otherwise, it shall come to his attention that any such
construction, alteration or repair, or that any use or contemplated use
of land is in violation of the provisions of this Zoning Ordinance, he
shall issue his written order to the person responsible therefore,
ordering and directing such person to cease and desist such
construction, alteration, or repair or use. He shall report violation
of this Zoning Ordinance to the City Attorney for prosecution and make
complaint thereof before the court or courts having jurisdiction of
such violation. Upon the recommendation of the City Council, the Legal
Department shall bring a civil action for the abatement of any nuisance
existing in violation of this Title.
(d) The Chief Building Official may call for the assistance of
law enforcement personnel whenever in his opinion such assistance is
necessary in the investigation of a suspected violation of this Zoning
Ordinance.
(e) The Chief Building Official may establish reasonable rules
and regulations necessary or desirable in the administration of this
Title. Three copies of such rules and regulations shall be filed with
the City Recorder and such rules and regulations shall become effective
when so filed.
(f) The City Council may, by resolution, prescribe an exact
payment of reasonable fees to cover the expense of examining or
re-examining plot plans or development plans or proposed improvements,
issuing building permits, inspecting uses, and issuing Certificates of
Occupancy, and may determine the method of collecting such fees.
(Ordinance No. 272, Adopted June 30, 1981.)
19-1-6.
Building Permits.
The construction, alteration, repair,
removal, or occupancy of any structure or of any part thereof or
substantial alteration or modification of terrain, or any action which
would substantially alter water drainage or water passage, or which
would likely require sewage disposal, water, roads, curbs, gutters, or
sidewalks in the reasonably foreseeable future or any other changes
which would reasonably be expected to have a substantial effect on the
environment, including but not limited to air, water, noise, and land
appearance shall not be commenced or proceeded with, except after the
issuance of a written permit for the same by the Chief Building
Official or his agent; provided that no permit shall be necessary where
the erection, construction, reconstruction, or alteration is minor in
character as determined by the Chief Building Official or his agent.
(Utah Code Annotated Sections 10-9-18, 10-9-1 (1953)).
19-1-7.
Certificate of Occupancy Required. No land shall be used or
occupied and no building hereafter structurally altered or erected
shall be used or changed in use until a Certificate of Occupancy shall
have been issued by the Chief Building Official or his agent stating
that the building or structure or the proposed use thereof, or the use
of land, complies with the provisions of this Title. A Certificate of
Occupancy shall be issued as it may be required for any nonconforming
use hereunder. A Certificate of Occupancy either for the whole or a
part of a building or structure shall be applied for coincidentally
with the application for a Building Permit and shall be issued within
ten days after the erection or structural alteration of such building
or structure, or part thereof, shall have been completed in conformity
with the provisions of this Title, requirements of the City Council and
Planning Commission. (Utah Code Annotated Section 10-9-18 (1953)).
19-1-8.
Issuance of Licenses and Permits. All departments, officials
and public employees of the City which are vested with the duty or
authority to issue permits or licenses shall conform to the provisions
of this Title and shall issue no such permit or license for uses,
buildings, or purposes where the same would be in conflict with the
provisions of this Title and any such permit or license, if issued in
conflict with the provisions of this Title shall be null and void.
19-1-9.
Violation a Nuisance.
Any structure made or existing, and
any use of land in violation of any provision of this Title is a public
nuisance and may be abated by appropriate proceedings.
19-1-10. Violation a Misdemeanor. Any person or corporation whether
as principal, agent, employee, or otherwise, who fails to comply with
the requirements of this Title or of a lawful order of the Chief
Building Official or his agent shall be guilty of a Class B misdemeanor
and upon conviction shall be punished as provided in Section 13-3-1 et
seq. Such person, firm, or corporation shall be deemed guilty of a
separate offense for each and every day during which any portion of any
violation of this Title is committed, maintained, continued, or
permitted by such person, firm, or corporation, and shall be punishable
as herein provided. (Ordinance No. 457, Adopted July 6, 1994.)
19-1-11. Territory Annexed to the City. At the time of the annexation
of new territory to the City, the City Council, after reviewing the
recommendation of the Planning Commission, shall classify such
territory for zoning purposes according to the zones established by
this Title.
19-1-12. Vacating Utility Easements.
Any person owning property
within the City of Riverdale may apply to the City Council to vacate a
utility easement located on his property. The property owner shall do
so by submitting a written application to the Building and Zoning
Official.
(a) The application shall be accompanied by written permission
from all interested utilities agreeing to the vacation of the easement.
(b) The Building and Zoning Official shall submit the application
to the City Council as soon as practical after he receives it along
with his recommendation as to whether or not the easement should be
vacated. The City Council shall consider the application at its next
meeting.
(c) It is the policy of the City to vacate such utility easements
when so doing appears to be in the best interest of all concerned
parties.
(Ordinance No. 441, Adopted April 20, 1993.)
19-1-13. Building Over Private Property Utility Easement. Any person
owning property within the City of Riverdale may apply, in writing, to
the City Building and Zoning Official for a permit to build over a
utility easement located on the owners property.
The Building and
Zoning Official may issue said permit upon the following terms and
conditions:
(a) The owner of the property shall furnish to the Building and
Zoning Official a letter addressed to the City wherein the owner(s) of
the property do hold harmless and indemnify the City and indicating
that said owner will pay for and be responsible for any costs
associated with the building or structure constructed on the easement,
and if required, its removal, should the easement become active and a
use of the easement is required by the City or any legitimate utility
company; and
(b) The owner has satisfied the City Public Works Director that
the easement does not contain any utility lines or pipes, and that the
installation of any lines or pipes is not currently contemplated by the
city or any legitimate utility company. The City Public Works Director
shall communicate, in writing, said satisfaction to the Building and
Zoning Official before any permit may be granted.
(1) Compliance with this section may be done in lieu of
vacating of a utility easement, as set forth in 19-1-12, above.
(2) In the event a permit is not granted pursuant to this
section, the property owner may appeal, in writing, the decision
of the Building and Zoning Official to the City Governing Body
within 10 days from the date of the permit denial. The Governing
Body may uphold, reverse, or modify the decision of the Building
and Zoning Official.
(Ordinance No. 514, Adopted April 2, 1997)
Chapter 1a - Request for Rezone
19-1a-1
19-1a-2
19-1a-3
19-1a-4
19-1a-5
Rezone Request Procedure
Rezone Request Application
Notice of Rezone Request, Posting of Signs on the Subject
Property, and Public Hearing
Rezone Request for Planning Manufacturing Zone
Appeal from City Planning Commission
19-1a-1. Rezone Request Procedure.
The following shall be the
procedures followed for a proposed amendment to the City Zoning Map.
Said proposed zoning map amendment shall be classified as a "Rezone
Request."
(a) A rezone request may be initiated by the City Planning
Commission, the City Council, or by any person, firm, or corporation or
agent of said person, firm, or corporation owning the real property in
the City which is the subject of the rezone request.
(b) All rezone requests shall satisfy the notice and publication
requirements established by the laws of this state, and shall first be
presented to the City Planning Commission for its recommendations which
shall be returned to the City Council for its consideration within
thirty (30) days as set forth in this Title at 19-1-4.
(c) The form (hereinafter the "application") used to request a
rezone shall be adopted by resolution of the City Council.
19-1a-2. Rezone Request Application.
Prior to the consideration of
any rezone request by the City Planning Commission all persons, firms,
or corporations or agents of said persons, firms, or corporations
owning real property in the City which is the subject of a rezone
request shall:
(a) Submit a completed application requesting a change in the
zoning ordinance or map to the City Recorder.
All requirements,
attachments, and fees set forth on the application shall be satisfied
and submitted with the application before the application shall be
deemed completed.
No application for rezone request shall be
considered by the City Planning Commission until it is completed.
(b) The applicant shall have paid to the City a rezone request
application fee prior to consideration of the rezone request by the
City Planning Commission.
Said application fee shall be set by
resolution of the City Council as prescribed in Chapter 27 of this
Title, Fees, 19-27 et seq.
19-1a-3. Notice of Rezone Request, Posting of Signs on the Subject
Property, and Public Hearing.
Whenever any rezone request is made,
before acting on said request, the City Council shall hold a public
hearing as required in this Title in 19-1-4. Notice of publication and
of public hearing shall be provided as follows:
(a) The party requesting the rezone shall, at least 15 days prior
to the date of the public hearing, and, after having paid the
applicable Rezone Request Fee, satisfy one of the following:
(i) If
available, the party shall request the City to place the rezone sign
owned by the City on the property, or, (ii) If the aforementioned City
owned sign is not available, the requesting part shall have made, at
their own expense, a sign that is constructed of the same material,
designed and lettered in the same size, manner and lettering format as
the rezone sign owned by the City, and under the direction of the City
Building Official, place said sign on the property. In any event the
sign shall be placed on the proposed rezone property facing a public
street and not more than 15 feet from the property line. In the event
the subject property abuts more than one public street, a sign, as
previously described, shall be placed facing each public street
abutting the subject property.
Said sign or signs shall contain the
following information: (1) The words "Notice of Rezone Request"; (2)
the existing zone designation of the property in question and the
proposed zone designation; (3) the area of the property expressed in
square feet or acres; (4) the time, date, and place of the public
hearing on the rezone request.
The City Building Inspector shall
supervise the placement of the sign or signs and shall execute a
certificate certifying that a sign or signs in compliance with the
foregoing requirements was placed on the property at least 15 days
prior to the date of the public hearing.
Said certificate shall be
filed with the City Council prior to or at the time of the public
hearing. (Ordinance No. 489, Adopted February 21, 1996)
(b) Not less than 15 days prior to the date of the public
hearing, a notice of said hearing shall be placed in the United States
Mail postage prepaid, addressed to all property owners as shown by the
Weber County Assessor's Office of property any part of which is located
within 500 feet of any part of the property for which the rezone
request has been submitted. Said notice shall contain the same
information required on the sign as provided above together with the
approximate street address of the subject property. The mailed notices
shall be mailed by the City Recorder and a copy thereof together with
the Recorder's mailing certificate shall be filed with the City Council
prior to or at the time of the public hearing.
(c) The cost of placing the sign or signs shall be borne by the
party requesting the rezone. In the case of the publication and mailing
costs, the same shall be paid by the City from the Rezone Request
Application Fee (except where the request is initiated by the Planning
Commission or the City Council, for which request no fee shall be
assessed).
19-1a-4. Rezone Request for Planning Manufacturing Zone.
Rezone
requests for a planned manufacturing zone shall substantially comply
with the notice and publication requirements of this Chapter, and shall
strictly comply with the requirements of Chapter 26 of this Title,
Planned Manufacturing Zones, 19-26 et seq.
19-1a-5. Appeal from City Planning Commission.
In the event a
negative recommendation is received from the Planning Commission, the
applicant for the rezone request may appeal that decision to the City
Council by filing a written appeal with the City Recorder within ten
(10) days of the Planning Commission's final decision.
(Ordinance No. 473, Adopted February 15, 1995.)
Chapter 2 - Definitions
19-2-1
19-2-2
19-2-3
19-2-4
19-2-5
19-2-6
19-2-7
19-2-8
19-2-9
19-2-10
19-2-11
19-2-12
19-2-13
19-2-14
19-2-15
19-2-16
19-2-17
19-2-18
19-2-19
19-2-20
19-2-21
19-2-22
19-2-23
19-2-24
19-2-25
19-2-26
19-2-27
19-2-28
19-2-29
19-2-30
19-2-31
19-2-32
19-2-33
19-2-34
19-2-35
19-2-36
19-2-37
19-2-38
19-2-39
19-2-40
19-2-41
19-2-42
19-2-43
19-2-44
19-2-45
Applicability - Definitions In Other Titles
Access Strip
Agriculture
Airport
Airport Approach Area
Airport Elevation
Airport Hazard
Airport Instrument Landing Area
Airport Landing Area
Airport Non-Instrument Landing Area
Airport Reference Point
Airport Runway
Airport Transition Area
Airport Turning Area
Alley
Ambulance
Ambulance Base Station
Ambulance Sub-Station
Animal Hospital
Animal Shelter
Architectural Projection
Basement
Blanketing
Boarding House
Building
Building, Accessory
Building, Detached
Building Façade
Building Facade Facing
Building, Height of
Building, Main
Building Official
Building, Public
Car Wash, Laundry Type
Car Wash, Manual Spray
Cellar
Changeable Copy Panel
Cluster Subdivision
Common Open Space
Common Open Space Easement
Condominium Project
Corral
Court
Coverage, Lot
Dairy
Day Care Center
Dry Cleaner
Dwelling
19-2-46
19-2-47
19-2-48
19-2-49
19-2-50
19-2-51
19-2-52
19-2-53
19-2-54
19-2-55
19-2-56
19-2-57
19-2-58
19-2-59
19-2-60
19-2-61
19-2-62
19-2-63
19-2-64
19-2-65
19-2-66
19-2-67
19-2-68
19-2-69
19-2-70
19-2-71
19-2-72
19-2-73
19-2-74
19-2-75
19-2-76
19-2-77
19-2-78
19-2-79
19-2-80
19-2-81
19-2-82
19-2-83
19-2-84
19-2-85
19-2-86
19-2-87
19-2-88
19-2-89
19-2-90
19-2-91
19-2-92
Dwelling Unit Bachelor or Bachelorette
Dwelling, Group
Dwelling, Multiple Family
Dwelling, Single Family
Dwelling, Single Family Row House
Dwelling, Two Family
Dwelling Unit
Dwelling, Zero Lot Line
Alternate Side Lot Line Dwelling (Duplex Type)
Parallel Side Lot Line Dwellings
Educational Institution
Family
Fence
Flood Plain
Flood Plain Overlay Zone
Flood, Intermediate Regional
Floor Area
Floor-Lot Area Ratio
Fraternity or Sorority House
Frontage
Garage, Carports
Garage, Private
Garage, Public
Guest House
Home Occupation
Hotel
Household Pets
Incombustible Material
Junk Yard
Kennel
Kindergarten
Laundromat or Launderette
Lodging House
Lot
Lot, Corner
Lot, Interior
Maintain
Map, Official
Manufactured Home
Mobile Home Park
Motel
Natural Waterways
Nightclub
Nonconforming Building
Nonconforming Use
Nursery for Children
Open Green Space
Parcel of Land
Parking Lot
Parking Space
19-2-93
19-2-94
19-2-95
19-2-96
19-2-97
19-2-98
19-2-99
19-2-100
19-2-101
19-2-102
19-2-103
19-2-104
19-2-105
19-2-106
19-2-107
19-2-108
19-2-109
19-2-110
19-2-111
19-2-112
19-2-113
19-2-114
19-2-115
19-2-116
19-2-117
19-2-118
19-2-119
19-2-120
19-2-121
19-2-122
19-2-123
19-2-124
19-2-125
19-2-126
19-2-127
19-2-128
19-2-129
19-2-130
19-2-131
19-2-132
19-2-133
19-2-134
19-2-135
19-2-136
19-2-137
19-2-138
19-2-139
19-2-140
19-2-141
19-2-142
Paying Guest
Person
Planned Residential Unit Development (PRUD)
Planning Commission
Private Drive
Recreational Coach
Shopping Center
Sign
Sign, Advertising
Sign, Animated
Sign, Background Area
Sign, Billboard
Sign, Business
Sign, Cloth
Sign, Combination
Sign, Copy Area
Sign, Development
Sign, Directional
Sign, Flat
Sign, Floodlighted
Sign, Free Standing
Sign, Identification and Information
Sign, Illuminated
Sign, Incombustible
Sign, Marquee
Sign, Multiple Copy
Sign, Name Plate
Sign, Off-Premise
Sign, On-Premise
Sign, Political or Campaign
Sign, Projecting
Sign, Roof
Sign, Structure
Sign, Temporary
Sign, Time and/or Temperature
Sign, Wall
Site Development Standards
Stable, Private
Stable, Public
Story
Story, Half
Street, Public
Street, Private
Structure
Structural Alterations
Swimming Pool
Swimming Pool, Family
Tavern
Theater, Indoor Picture
Theater, Outdoor Drive-In
19-2-143
19-2-144
19-2-145
19-2-146
19-2-147
19-2-148
19-2-149
19-2-150
19-2-151
19-2-152
19-2-153
19-2-154
19-2-155
Trim, Nonstructural
Uniform Building Code (U.B.C.)
Use
Use, Accessory
Use, Conditional
Use, Permitted
Width of Lot
Yard
Yard, Front
Yard, Rear
Yard, Side
Zone
Zoning Ordinance
19-2-1.
Applicability - Definitions In Other Titles. The words and
terms defined in this chapter shall have the meanings indicated. Words
used in the present tense include the future and words in the singular
number include the plural and words in the plural include the singular.
Words not included herein but defined elsewhere in the City Ordinances
shall be construed as termed therein. The word "shall" is mandatory.
19-2-2.
Access Strip.
A strip of land which is part of a lot and
provides access to the part thereof used or to be used for buildings or
structures.
19-2-3.
Agriculture. The tilling of the soil, the raising of crops,
horticulture and gardening, but not including keeping or raising of
domestic animals and fowl, except household pets, and not including any
agricultural industry or business, such as fruit packing plants, fur
farms, animal hospitals, or similar uses.
19-2-4.
Base.
Airport.
The Ogden Municipal Airport and/or Hill Air Force
19-2-5.
Airport Approach Area. The specified area at each end of the
airport landing area required for the safe flight of aircraft in
landing, taking off, or maneuvering at or in the vicinity of the
airport.
19-2-6.
Airport Elevation.
The elevation in feet above mean sea
level of the highest point of the landing area of an airport.
19-2-7.
Airport Hazard.
Any structure or natural growth or use of
land which obstructs or restricts the airspace required for the safe
flight of aircraft in landing, taking off, or maneuvering at or in the
vicinity of the airport.
19-2-8.
Airport Instrument Landing Area.
A landing area equipped
with precision electronic air navigation aids adequate to permit the
landing of aircraft by an instrument approach under restricted
visibility conditions.
19-2-9.
Airport Landing Area. The runway, or the specially prepared
surface within the boundaries of an airport designed for aircraft
landing and taking off operations.
19-2-10. Airport Non-Instrument Landing Area.
than an Instrument Landing Area.
Any landing areas other
19-2-11. Airport Reference Point.
The point established as the
approximate geographic center of the airport landing areas and so
designated.
19-2-12.
area.
Airport Runway.
The paved surface of an airport landing
19-2-13. Airport Transition Area. An area extending outward from the
outside edge of the airport turning area.
19-2-14. Airport Turning Area. The area within a specified horizontal
distance of the airport reference point necessary for the safe flight
and maneuvering of aircraft.
19-2-15. Alley. A public thoroughfare less than twenty-six (26) feet
wide.
(a) Ambulance.
A privately owned vehicle that is especially
designed, constructed, or modified and equipped and is intended to be
used for and is maintained or operated for transportation of
individuals who are sick, injured, wounded, or otherwise incapacitated
or helpless.
(b) Ambulance Base Station. A lot or portion thereof used as a
station for one or more ambulances where any one or more of the
following activities are conducted:
(1) Cleaning, maintenance, or repair of ambulances.
(2) Storage of cleaning, maintenance, or repair equipment
or supplies.
(3) Storage of fuels or lubricants.
(4) Storage of medical equipment or supplies except within
an ambulance located on the premises.
(5) Maintenance of eating, wash room or sleeping facilities
for more than three persons.
(6) Parking of more than one ambulance on the premises for
a period of time in excess of one hour.
(c) Ambulance Sub-Station.
A lot or portion thereof where one
ambulance and its crew of not to exceed three persons is on the
premises for a period of time in excess of one hour.
19-2-16. Animal Hospital.
Structure or building used to provide
medical attention for animals; may include temporary boarding of
animals.
19-2-17. Animal
Shelter.
Building
or
structure
designed to
accommodate the boarding and care of lost and stray animals, and to
conduct humane treatment thereof.
19-2-18. Architectural Projection.
Any projection which is not
intended for occupancy and which extends beyond the face of an exterior
wall of a building, but shall not include signs.
19-2-19. Basement.
A story partly underground and having at least
one-half (1/2) its height above the average level of the adjoining
ground. A basement shall be counted as a story, for purposes of height
measurement.
19-2-20. Blanketing. The term blanketing or blanket, when applied to
signs or sign structure, shall mean the partial or complete shutting
off of the face of one sign by another sign.
19-2-21. Boarding House. A building with not more than five (5) guest
rooms where, for compensation, meals are provided for at least five (5)
but not more than fifteen (15) persons.
19-2-22.
Building.
Any structure other than a boundary wall or fence.
19-2-23. Building, Accessory. A subordinate building or a portion of
the main building on a lot, the use of which is customarily incidental
to that of the main or principal building.
19-2-24. Building, Detached.
the same lot.
A building surrounded by open space on
19-2-25. Building Facade. That portion of an exterior elevation of a
building extended from grade to the top of the parapet wall or eaves
and the entire width of the building elevation.
19-2-26. Building Facade Facing. A resurfacing of an existing facade
with approved material illuminated or non-illuminated.
19-2-27. Building, Height of.
The vertical distance from the grade
elevation to the highest point of the coping of a flat roof, or to the
deck line of a mansard roof, or to a point midway between the lowest
part of the eaves or cornice, and ridge of a pitch or hip roof.
19-2-28. Building, Main.
A building in which
principal use of the lot on which it is located.
is
conducted
the
19-2-29. Building Official.
Building Official is the official or
other person charged with the administration and enforcement of this
Title or his duly authorized deputy.
19-2-30. Building, Public.
A building owned and operated, or owned
and intended to be operated by a public agency of the United States of
America, of the State of Utah, or any of its political subdivisions.
19-2-31. Car Wash, Laundry Type.
A structure
containing facilities for washing passenger
production-line methods such as, but not limited
movable or revolving cleaning brushes, blower,
similar mechanical devices.
or portion thereof
automobiles, using
to, chain conveyor,
steam cleaning, or
19-2-32. Car Wash, Manual Spray.
A structure or portion thereof
containing facilities for washing passenger automobiles, limited to
using only hand operated manual spray cleaning equipment and
techniques.
19-2-33. Cellar. A story having more than one-half (1/2) its height
below the average level of the adjoining ground. A cellar shall not be
counted as a story for the purpose of height measurement.
19-2-34. Changeable Copy Panel.
A panel which is characterized by
changeable copy, regardless of method of attachment.
19-2-35. Cluster Subdivision.
A subdivision of land in which the
areas and widths of residential lots are reduced below the minimum low
areas and lot width requirements of the zone in which the subdivision
is located and where equivalent common open space areas are provided to
compensate for such lot reduction.
19-2-36. Common Open Space.
The land area in a Planned Residential
Unit Development (PRUD) reserved and set aside for recreational uses,
landscaping, open green areas, parking and driveway areas for the
common use and enjoyment of the residents of the PRUD.
19-2-37. Common Open Space Easement. A required right-of-use granted
to the City of Riverdale by the owner of a Planned Residential Unit
Development, on and over land in a Planned Residential Unit Development
designated as common open space, which easement guarantees to the City
of Riverdale that the designated common open space and recreation land
is permanently reserved for access, parking and recreation, and open
green space purposes in accordance with the plans and specifications
approved by the Planning Commission and City Council at the time of
approval of the PRUD or as such plans are amended from time to time.
19-2-38. Condominium Project. A real estate condominium project where
ownership of a single unit in a multi-unit project, together with an
undivided interest in common in the common areas and facilities of the
property, is transferred; a plan or project whereby four or more
apartments or commercial or industrial buildings or structures are
separately offered or proposed to be offered for sale and meeting all
requirements of the "Condominium Ownership Act" of the State of Utah.
Structures shall conform with all area, yard, frontage, and height
regulations of the zone district in which they are located.
19-2-39. Corral.
A space, other than a building, less than 10,000
square feet in area, and less than one hundred (100) feet in width,
used for the confinement of animals.
19-2-40. Court.
An unoccupied open space, other than yard, on the
same lot with a building or buildings, which is bounded on two or more
sides by the walls of such building or buildings.
19-2-41. Coverage, Lot.
The percent of the lot area covered by the
main and accessory buildings.
19-2-42. Dairy.
A commercial establishment
processing, or sale of dairy products.
for
the
manufacture,
19-2-43. Day Care Center.
Any building or structure, other than an
occupied residence, wherein care, supervision, and guidance for three
or more children unaccompanied by parent or guardian is furnished for
periods less than 24 hours per day, or, an occupied residence wherein
care, supervision, and guidance for six or more children unaccompanied
by parent or guardian is furnished for periods of less than 24 hours
per day.
"Occupied residence" shall refer to a building or structure being
used as a residence by a family. The term "day care center" is
inclusive of kindergartens, preschools, nursery schools, and all other
similar facilities specializing in the education and/or care of
children prior to their entrance into the first grade, other than
facilities owned and/or operated by the public school system.
(Ordinance No. 215, Adopted October 19, 1977.)
19-2-44. Dry Cleaner. An establishment which has as its sole purpose
the cleansing of fabrics with substantially non-aqueous organic
solvents. Laundry establishments with self-service, coin operated dry
cleaning machines shall not be classified as a dry cleaner.
19-2-45. Dwelling. A building or portion thereof designed or used as
the living quarters for one or more families.
19-2-46. Dwelling Unit Bachelor or Bachelorette.
A dwelling unit
designed or used to accommodate unrelated persons exclusively.
19-2-47. Dwelling, Group.
single lot.
Two (2) or more dwellings placed upon a
19-2-48. Dwelling, Multiple Family. A building arranged or designed
to be occupied by three (3) or more families.
19-2-49. Dwelling, Single Family. A building arranged or designed to
be occupied by one (1) family, the structure having only (1) dwelling
unit.
19-2-50. Dwelling, Single Family Row House. A building built directly
against an adjoining building without an open space between, and
containing a one-family dwelling unit extending from basement to roof.
Each such single-family attached dwelling unit shall have a front and
rear entrance. Each group of single family attached dwelling shall be
considered one structure, for purposes of front, rear, and side yard
requirements.
19-2-51. Dwelling, Two Family. A building arranged or designated to
be occupied by two (2) families, the structure having only two (2)
dwelling units.
19-2-52. Dwelling Unit. One or more rooms in a dwelling, apartment,
hotel or apartment hotel designed for or occupied by one family for
living, sleeping, and eating purposes. A dwelling unit may contain more
than one set of kitchen facilities, whether temporary or permanent,
provided they are used only by members of the family occupying the
dwelling unit or their nonpaying guests. A dwelling unit may include up
to two (2) persons per unit to whom rooms are rented in addition to a
family related by blood, marriage, or adoption, but if the number of
such additional persons exceeds two (2) or if they use or are furnished
separate cooking facilities, whether temporary or permanent, such
additional persons shall be considered a separate dwelling unit.
(a) Dwelling, Zero Lot Line. A single family home that has, in
effect, a zero foot setback from one of the lot lines. For the purpose
of this Title, that line is a side line.
(b) Alternate Side Lot Line Dwelling (Duplex Type).
The
placement of adjacent houses on alternate or common side lot lines,
with space between each pair of houses.
(c) Parallel Side Lot Line Dwellings.
Zero side yard setback
housing with even spacing between each house. (Ordinance No. 267,
Adopted June 17, 1981.)
19-2-53. Educational Institution. A public or elementary or secondary
school, seminary, parochial school or private educational institution
having a curriculum similar to that ordinarily given in grades one
through twelve in the public school system. The term "educational
institution" for the purpose of this Title does not include post high
school educational facilities. (Ordinance No. 215, Adopted October 19,
1977.)
19-2-54. Family. One or more persons related by blood, marriage, or
adoption plus domestic servants employed for service on the premises or
a group of bachelors or bachelorettes of not more than four (4) persons
who need not be so related living together as a single, nonprofit
housekeeping unit.
19-2-55. Fence.
A tangible barrier or obstruction of any material,
with the purpose or intent or having the effect of preventing passage
or view across the fence line. It includes hedges and walls.
19-2-56. Flood Plain. Land adjacent to a body of water which has been
or may be hereafter covered by floodwater as delineated by the U.S.
Army Corps of Engineers.
19-2-57. Flood Plain Overlay Zone.
Boundaries of the Intermediate
Regional Flood as defined by the U.S. Army Corps of Engineers. The
flood plain zone is designed to overlay or be superimposed over
existing zoning within the defined flood plain. Such an overlay zone
can be interchangeably referred to as a floating zone because the
existing zone remains effective except for the conditions superimposed
by the flood plain zone.
19-2-58. Flood, Intermediate Regional.
A flood having an average
frequency of occurrence in the order of once in 100 years although the
flood may occur in any year.
19-2-59. Floor Area.
The sum of the gross horizontal area of the
several floors of a building and its accessory buildings on the same
lot, excluding cellar and basement floor areas not devoted to
residential use, but including the area of roofed terraces. All
dimensions shall be measured from the exterior faces of the exterior
walls.
19-2-60. Floor-Lot Area Ratio.
The total floor area of a building
divided by the area of the lot on which it is located.
19-2-61. Fraternity or Sorority House.
A building occupied by and
maintained exclusively for students affiliated with an academic or
professional college or university or other recognized institution of
higher learning and acknowledged by such institution.
19-2-62. Frontage. All the property fronting on one (1) side of the
street between intersecting or intercepting streets, or between a
street and a right-of-way, waterway, end of dead-end street, or
political subdivision boundary, measured along the street line. An
intercepting street shall determine only the boundary of the frontage
of the side of the street which it intercepts.
19-2-63. Garage, Carports. A private garage not completely enclosed
by walls or doors. For the purpose of this Title, a carport shall be
subject to all the regulations prescribed for a private garage.
19-2-64. Garage, Private. An enclosed space of accessory building for
the storage of one or more motor vehicles, provided that no business,
occupation, or service is conducted for profit therein nor space
therein for more than one car is leased to a nonresident of the
premises. A garage shall be considered part of a dwelling if the garage
and dwelling have a roof or wall in common, or are connected
structurally by a physical connection such as a wall, trellis, or solid
fence. A private garage shall not contain parking space for more than
four (4) standard size passenger vehicles.
19-2-65. Garage, Public. A building or portion thereof, other than a
private garage, designed or used for servicing, repairing, equipping,
hiring, selling, or storing motor-driven vehicles.
19-2-66. Guest House. A separate dwelling structure located on a lot
with one or more main dwelling structures and used for housing of
guests or servants and not rented, leased, or sold separate from the
rental, lease or sale of the main dwelling.
19-2-67. Home Occupation.
for residential purposes.
1985).
Any income-producing use of property zoned
(Ordinance No. 307, Adopted February 6,
19-2-68. Hotel.
A building designed for or occupied as the more or
less temporary abiding place of sixteen (16) or more individuals who
are, for compensation, lodged with or without meals.
19-2-69. Household Pets. Animals or fowl ordinarily permitted in the
house and kept for company or pleasure, such as dogs, cats, or
canaries, but not including a sufficient number of dogs or cats to
constitute a kennel, as defined in this Chapter.
19-2-70. Incombustible Material.
Incombustible material is any
material which will not ignite at or below a temperature of 1200oF
during an exposure of five minutes, and will not continue to burn or
glow at that temperature. Tests shall be made as specified in the
Uniform Building Code.
19-2-71. Junk Yard. The use of any lot, portion of a lot, or tract of
land for the storage, keeping or abandonment of junk, including scrap
metals or other scrap materials, or for the dismantling, demolition, or
abandonment of automobiles, or other vehicles, or machinery or parts
thereof; provided that this definition shall not be deemed to include
such uses which are clearly accessory and incidental to any
agricultural use permitted in the district.
19-2-72. Kennel. The land or buildings used in the keeping of three
(3) or more dogs at least four months old.
19-2-73. Kindergarten.
six age group.
A school or class for children of the four to
19-2-74. Laundromat
or
Launderette.
A
self-service
laundry
establishment where clothes are cleansed in a coin-operated machine.
Laundromats or launderettes may include self-service, coin operated dry
cleaning machines.
19-2-75. Lodging House. A building where lodging only is provided for
compensation to five (5) or more, but not exceeding fifteen (15)
persons, in contrast to hotels.
19-2-76. Lot. A parcel of land occupied or to be occupied by a main
building or group of buildings (main or accessory), together with such
yards, open spaces, lot width and lot area as are required by this
Title and having frontage upon a public or private street. Except for
group dwellings and a guest house, not more than one dwelling structure
shall occupy any one (1) lot.
19-2-77. Lot, Corner.
A lot abutting on two intersecting streets
where the interior angle of intersection or interception does not
exceed one hundred thirty-five (135) degrees.
19-2-78.
Lot, Interior.
A lot other than a corner lot.
19-2-79. Maintain.
Includes, but is not limited to, the following:
service, repair, alter, remodel, reletter, redecorate, repaint, move or
remove. It does not include the removal of signs by a licensed wrecking
contractor. Owner or lessee of sign may repaint, redecorate, and/or
change letters or panels on his own sign.
19-2-80. Map, Official. Any map adopted by the City Council under the
provisions of Utah Code Annotated Section 10-9-23, (1953), as amended
for cities.
19-2-81. Manufactured Home.
(a) "Manufactured home" means a structure, transportable in one
or more sections, which is built on a permanent chassis and is designed
for use with or without a permanent foundation when connected to the
required utilities. For flood plain management purposes the term
"manufactured home" also includes park trailers, travel trailers, and
other similar vehicles placed on a site for greater than 180
consecutive days. For insurance purposes the term "manufactured home"
does not include park trailers, travel trailers, and other similar
vehicles.
(b) A manufactured home as defined in the preceding paragraph
which meets the City's applicable building and housing codes and which
is placed on a permanent foundation is controlled by this Title and
other applicable Titles the same as dwelling units constructed in the
conventional manner. (Ordinance No. 350, adopted August 18, 1987)
(Ordinance No. 533, Adopted February 18, 1998)
19-2-82. Mobile Home Park.
“Mobile home park” means a parcel (or
contiguous parcels) of land divided into two or more manufactured home
or recreation coach vehicle lots for rent.
Manufactured homes and
recreation coach vehicles located in a mobile home park are
collectively referred to as “mobile homes.”
(Ordinance No. 533,
Adopted February 18, 1998)
19-2-83. Motel.
Any building or group of buildings containing
sleeping rooms, designed for temporary use by automobile tourists or
transients, with garage attached or parking space conveniently located
to each unit.
19-2-84. Natural Waterways.
Those areas, varying in width, along
streams, creeks, gullies, springs, or washes which are natural drainage
channels as determined by the Chief Building Official and in which
areas no building shall be constructed.
19-2-85. Nightclub.
A place of entertainment open at night usually
serving food and liquor, having a floor show, and providing music and
space for dancing.
19-2-86. Nonconforming Building. A building or structure or portion
thereof lawfully existing at the time any applicable zoning regulations
became effective, the design, erection, use, height, area or yard
dimensions of which do not conform to the provisions of such regulation
or regulations.
19-2-87. Nonconforming Use.
The prior lawful use of land or of a
building or structure which subsequently is prohibited by zoning
regulations pertaining to the zone in which the building or land is
situated.
19-2-88.
Nursery for Children.
See Day Care Center.
19-2-89. Open Green Space. An open space suitable for relaxation or
landscaping. It shall be unoccupied and unobstructed by buildings
and/or hard surfaces such as asphalt, cement and packed gravel, except
that such open green space may be traversed by necessary sidewalks.
19-2-90. Parcel of Land.
A contiguous quantity of land, in the
possession of, or owned by, or recorded as the property of the same
claimant or person.
19-2-91. Parking Lot.
An open area, other than a street, used for
parking of more than four (4) automobiles and available for public use,
whether free, for compensation, or as an accommodation for clients or
customers.
19-2-92. Parking Space.
Space within a building or parking lot for
parking or storage of one (1) automobile.
19-2-93. Paying Guest.
Any person hiring a room in a dwelling unit
for living, eating, or sleeping purposes.
19-2-94. Person.
One or more persons, an association, a copartnership, or a corporation or firm, either by themselves or by an
agent, employee, guardian, or trustee.
19-2-95. Planned Residential
in which the regulations of
situated are waived to allow
building design and location
imposed general requirements.
Unit Development (PRUD).
A development
the zone in which the development is
flexibility and initiative in site and
in accordance with an approved plan and
19-2-96. Planning Commission.
Riverdale, Utah.
The Planning Commission of the City of
19-2-97. Private Drive.
exclusively for private
developments.
Non-dedicated thoroughfare or road used
access to and from private land and/or
19-2-98. Recreational Coach. A vehicle designed and/or constructed to
travel on the public thoroughfare in accordance with the provisions of
the Utah Vehicle Code, designed for the use of human habitation, that
must be self-contained with bathroom, shower, and kitchen facilities.
(Ordinance No. 533, Adopted February 18, 1998)
19-2-99. Shopping
single
ownership
establishments.
Center.
which
Multi-entity
leases
space
commercial complex under
to
various
commercial
19-2-100. Sign.
A presentation or representation of words, letters,
figures, designs, picture or colors, publicly displayed so as to give
notice relative to a person, a business, an article of merchandise, a
service, an assemblage, a solicitation, or a request for aid; also the
structure or framework or any natural object on which any sign is
erected or is intended to be erected or exhibited or which is being
used or is intended to be used for sign purposes.
19-2-101. Sign, Advertising.
(20) square feet.
An off-premise sign of less than twenty
19-2-102. Sign, Animated. A sign which involves motion or rotation of
any part, created by artificial means or displays flashing or
intermittent lights.
19-2-103. Sign, Background Area. The entire background area of a sign
upon which copy is placed. In computing area of sign background, only
the face or faces which can be seen from any one direction at one time
shall be counted.
19-2-104. Sign, Billboard.
See Sign, Off-Premise.
19-2-105. Sign, Business. An on-premise sign which directs attention
to a use conducted, a commodity sold, or a service performed on the
premise. A maximum of ten percent (10%) of copy area may also advertise
a product not manufactured on the premise.
19-2-106. Sign, Cloth.
flexible fabric.
Any sign executed upon or composed of any
19-2-107. Sign, Combination. A sign incorporating any combination of
the features of Projecting, Roof or Free Standing Signs.
19-2-108. Sign, Copy Area. The area of a sign that is used for display
purposes including the minimum frame and supports. In relation to signs
that do not have a frame or separate background, sign area shall be
computed on the basis of the least rectangle, triangle, or circle large
enough to frame the display.
19-2-109. Sign, Development.
An on-premise sign identifying a
construction project or subdivision development. The sign may contain
the name of the project, name and address of the construction firm(s),
architect, and developer.
19-2-110. Sign, Directional.
On-premise incidental signs designed to
guide or direct pedestrians or vehicular traffic.
19-2-111. Sign, Flat.
Any sign attached to a building or other
structure that projects less than eighteen (18) inches beyond the
building but extends parallel or substantially parallel thereto.
19-2-112. Sign, Floodlighted. Any sign illuminated in the absence of
daylight only by devices which reflect or project light upon it.
19-2-113. Sign, Free Standing.
A sign which is supported by one or
more columns, uprights, or braces in or upon the ground.
19-2-114. Sign, Identification and Information.
An on-premise sign
displayed to indicate the name or nature of a building or use,
including all professional and business buildings, home occupations,
apartment complexes and public and semi-public buildings. Temporary and
development signs are classified in this category only.
19-2-115. Sign, Illuminated. A sign in which a source of light is used
in order to make the message readable. This definition shall include
internally and externally lighted signs.
19-2-116. Sign, Incombustible.
incombustible material.
19-2-117. Sign, Marquee.
of a marquee.
A sign which is constructed entirely of
Any sign attached to or made an integral part
19-2-118. Sign, Multiple Copy. A sign which advertises other than the
name of the business and the principal product or service.
19-2-119. Sign, Name Plate. A sign indicating the name of a person or
persons residing on the premises.
19-2-120. Sign, Off-Premise. A sign which directs attention to a use,
product, commodity or service not related to the premise on which it is
located.
19-2-121. Sign, On-Premise.
See Sign, Business.
19-2-122. Sign, Political or Campaign. A sign soliciting support for a
person running for public office or a sign defending or approving an
issue or proposal being placed before the public.
19-2-123. Sign, Projecting. Any attached sign extending in whole or in
part more than 18 inches beyond the building line.
19-2-124. Sign, Roof. Any sign erected upon or supported by the roof
or parapet of a building.
19-2-125. Sign, Structure.
Any structure which supports any sign as
defined in this Code. A sign structure may be a single pole or poles or
an integral part of the building.
19-2-126. Sign, Temporary.
An on-premise sign which is intended to
advertise community or civic projects, real estate for sale or lease on
a temporary basis. Such sign shall not be erected earlier than thirty
(30) days prior to the date of beginning of event and shall be removed
within thirty (30) days after event is concluded.
19-2-127. Sign, Time and/or Temperature.
A display
illuminated numerals to show the time and/or temperature.
containing
19-2-128. Sign, Wall. A sign which is affixed to an exterior wall of a
building or structure and which projects not more than 18 inches from
the building or structure wall and which does not extend more than four
(4) feet above the parapet, eaves, or building facade of the building
on which it is located.
19-2-129. Site
Development
Standards.
Established
regulations
concerning lot areas, yard setbacks, building height, lot coverage,
open green space and any other special regulations deemed necessary to
accomplish the purpose of this Title.
19-2-130. Stable, Private.
A detached, accessory building for the
keeping of horses owned by the occupants of the premises, and not kept
for remuneration, hire, or sale.
19-2-131. Stable, Public.
A stable other than a private stable.
19-2-132. Story.
The space within a building, other than a cellar,
included between the surface of any floor and the surface of the
ceiling next above.
19-2-133. Story, Half.
A story with at least two (2) of its sides
situated in a sloping roof, the floor area of which does not exceed
two-thirds (2/3) of the floor immediately below it.
19-2-134. Street, Public. A thoroughfare which has been dedicated or
abandoned to the public and accepted by proper public authority, or a
thoroughfare, not less than twenty-six (26) feet wide, which has been
made public by right of use and which affords the principal means of
access to abutting property.
19-2-135. Street, Private. A thoroughfare which has been dedicated to
the abutting land owners for joint private access to private property
and accepted and approved by the City Council.
19-2-136. Structure. Anything constructed or erected, the use of which
requires location on the ground, or attachment to something having
location on the ground.
19-2-137. Structural Alterations. Any change in supporting members of
a building, such as bearing walls, columns, beams or girders.
19-2-138. Swimming Pool. Any artificial or semi-artificial container,
whether outdoor or indoor, and whether above or below the surface of
the ground, or both, used or intended to be used to contain a body of
water for swimming by any person or persons, together with all
permanent structures, equipment, appliances, and other facilities used
or intended for use in and about the operation, maintenance, and use of
such pool.
19-2-139. Swimming Pool, Family. A swimming pool used and intended to
be used solely by the owner, operator or lessee thereof and his family
and by friends invited to use it without payment of any fee or
consideration.
19-2-140. Tavern. Any business establishment operating under a Class
"C" beer license. Such establishments shall be limited in number to two
(2) per lineal block.
19-2-141. Theater, Indoor Picture.
A building or part of a building
devoted to the showing of moving pictures on a paid admission basis.
19-2-142. Theater, Outdoor Drive-In. An open lot or part thereof with
its appurtenant facilities devoted primarily to the showing of moving
pictures, on a paid admission basis, to patrons seated in automobiles.
19-2-143. Trim, Nonstructural.
Nonstructural trim is the molding,
battens, caps, nailing strips, latticing, cutouts, or letters and
walkways which are attached to the sign structure.
19-2-144. Uniform Building Code (U.B.C.). The current edition of the
Uniform Building Code as adopted by the City of Riverdale.
19-2-145. Use.
The specific purpose for which land or a building is
designed, arranged, intended, or for which it is or may be occupied or
maintained.
19-2-146. Use, Accessory. A subordinate use customarily incidental to
and located upon the same lot occupied by the main use and devoted
exclusively to the main use of the premises.
19-2-147. Use, Conditional. A use or occupancy of a building, or use
of land, permitted only when authorized upon issuance of a Conditional
Use Permit and subject to the limitations and conditions specified
therein as provided in Chapter 7 of this Title intended to allow
compatible integration of uses which may be suitable only in certain
locations within a particular zone, or only upon certain conditions
and/or design criteria being achieved.
19-2-148. Use, Permitted. Any use lawfully occupying land or buildings
as authorized in the zone regulations and for which no Conditional Use
Permit is required.
19-2-149. Width of Lot. The distance between the side lot lines at the
distance back from the front lot line required for the depth of the
front yard.
19-2-150. Yard. An open space on a lot, other than a court, unoccupied
and unobstructed from the ground upward by buildings, except as
otherwise provided herein.
19-2-151. Yard, Front. An open space on the same lot with a building
between the front line of the building (exclusive of steps) and the
front lot line and extending across the full width of the lot. The
"depth" of the front yard is the minimum distance between the front lot
line and the front line of the building.
19-2-152. Yard, Rear. An open, unoccupied space on the same lot with a
building between the rear line of the building (exclusive of steps) and
the rear lot line and extending the full width of the lot. The "depth"
of the rear yard is the minimum distance between the rear lot line and
the rear line of the main building.
19-2-153. Yard, Side. An open, unoccupied space on the same lot with a
building, between the side line of the building (exclusive of steps)
and the side lot line and extending from the front yard to the rear
yard.
19-2-154. Zone.
The geographical area of the City within which the
zoning regulations are uniform.
19-2-155. Zoning Ordinance.
Title 19 of the Riverdale Municipal
Ordinance Code, as set forth and as amended from time to time.
Chapter 3 - Regulations Applicable to All Zones
19-3-1
19-3-2
19-3-3
19-3-4
19-3-5
19-3-6
19-3-7
19-3-8
19-3-8.1
19-3-8.2
19-3-9
19-3-10
19-3-11
19-3-12
Applicability
Additional Use Regulations
Additional Main Building Regulations
Additional Yard Regulations
Additional Height Regulations
Animals and Fowl
Building Regulations
Fence Height Regulations and Obstruction of View
Fence Height Regulations
Obstruction of View Regulations
Lighting
Private Park, Playground, or Recreational Area
Public Utility Substations
Swimming Pool, Family
19-3-1.
Applicability. The regulations hereinafter set forth in this
Chapter qualify or supplement, as the case may be, the zone regulations
contained elsewhere in this Title.
19-3-2.
Additional Use Regulations. The requirements of this Zoning
Ordinance as to minimum site development standards shall not be
construed to prevent a use as permitted in a respective zone of any
parcel of land in the event such parcel was held in separate ownership
prior to the effective date of this Ordinance. Each such parcel to be
developed must have not less than 16 feet of frontage on a street, or
as approved by the Board of Adjustment, and the density of development
may not exceed that permitted by area requirements in the respective
zone.
19-3-3.
Additional Main Building Regulations.
Every main building
shall be located and maintained on a "lot" as defined in Section
19-2-76, and every lot shall have required frontage on a "street" as
defined in Section 19-2-135, except as follows:
(a) Where a parcel of land was in separate ownership prior to the
effective date of this Ordinance as described in Section 19-3-2; and
(b) Where under special circumstances of design of a parcel of
land the Board of Adjustment approves a variance to create a lot which
may or may not have the required frontage as provided for in this
Ordinance. Under no circumstances may the frontage be less than sixteen
(16) feet or as approved by the Board of Adjustment.
19-3-4.
Additional Yard Regulations.
(a) No required yard or other open space around an existing
building or which is hereafter provided around any building for the
purpose of complying with the provisions of this Title, 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.
(b) On any lot under a separate ownership from adjacent lots and
of record at the time of the initial enactment of this Zoning Ordinance
and such lot having a smaller width than required for the zone in which
it is located, the following regulations shall apply:
(1) For interior lots, each side yard may be equal to but
not less than the same percentage of the required side yard width
as the lot is of the required lot width, provided that in no case
shall the smaller of the two side yards be less than five (5) feet
or the larger less than eight (8) feet.
(2) On corner lots, each side yard may be equal to but not
less than the same percentage of the required side yard width as
the lot is of the required lot width, provided that in no case
shall the side yard on the street side be less than fifteen (15)
feet in R-1-10, R-1-8, R-1-6, R-2, and R-3 zones or less than ten
(10) feet in R-4 and R-5 zones, and the other side yard shall be
not less than five (5) feet in all Residential Zones.
(c) On any interior lot where a private attached garage
containing a sufficient number of parking spaces to meet the
requirements of this Title has a side yard equal to the minimum side
yard required for a dwelling in the same zone, the width of the other
side yard for the dwelling may be reduced to equal that of the minimum
required side yard.
(d) Every part of a required yard shall be open to the sky
unobstructed except for accessory buildings in a rear yard, and except
for the ordinary projections of skylights, sills, belt courses,
cornices, and other ornamental features.
(e) Open or lattice-enclosed fire escapes, fireproof outside
stairways, and balconies opening upon fire towers may project into a
yard not more than five (5) feet, and the ordinary projections of
chimneys and flues are permitted.
(f) No accessory building nor group of accessory buildings in any
Residential Zone shall cover more than twenty-five (25) percent of the
rear yard.
(g) No space needed to meet the width, yard, area, coverage,
parking, or other requirements of this Title for a lot or building may
be conveyed away from such lot or building, except as permitted by the
Board of Adjustment, and any attempted conveyance or lease in violation
hereof shall be void.
(h) No parcel of land which has less than the minimum width and
area requirements for the zone in which it is located may be cut off
from a larger parcel of land for the purpose, whether immediate or
future, of building or development as a lot, except by permit of the
Board of Adjustment.
(i) One zero side yard may be permitted when approved by the
Planning Commission and City Council, and only if the following
requirements are met:
(1) The remaining one side yard is equal to the combined
total of the required two side yards of the zone in which it is
located for all parallel side zero lot lines. The remaining side
yard for all (duplex type) alternate side zero lot lines may be
reduced to a minimum of not less than ten (10) feet, provided that
the lot adjacent to it is also built as a duplex type zero lot
line or conventional single family home; (Ordinance No. 267,
Adopted January 7, 1981.)
(2) No window or other similar opening shall be installed
in the building or any accessory building along the side having a
zero side yard;
(3) No zero side yard will be permitted on the lot side
bordering on a nonresidential zone or on a residential lot not
utilizing zero side yard provisions;
(4) Use of the zero side yard provision is contingent upon
development of or commitment to development of a zero side yard on
an adjoining lot.
(j) Utility substations, communication towers and dishes, water
tanks, water well and pump buildings, sewer lift stations, electric
transformers, power and telephone poles / towers, water reservoirs, and
structures which house equipment for utilities and communications which
serve the general public and are of a public utility nature are allowed
only as a conditional use in any zone.
Zoning regulations pertaining to minimum lot area, minimum
lot width, minimum yard setback and required frontage on a street shall
be determined by the Planning Commission's approval of the site
development plan, but shall not adversely affect the adjacent property.
(Ordinance No. 452, Adopted April 6, 1994.)
19-3-5.
Additional Height Regulations.
(a) Penthouse or roof structures for the housing of elevators,
stairways, tanks, ventilating fans or similar equipment required to
operate and maintain a building, and fire or parapet walls, skylights,
towers, steeples, flagpoles, chimneys, smokestacks, and water tanks,
wireless or television masts, theatre lofts, silos, or similar
structures may be erected above the height limits prescribed in the
Zone Height Regulations, but no space above the height limit shall be
allowed for the purpose of providing additional floor space, and no
heights are permitted above the maximum allowed under Airport Area
Height Provisions. Prior to the construction or erection of flag poles,
towers, wireless or television masts (not including typical roof TV
antennas) and any similar structure over 35 feet in total height
including any supporting structures in or adjacent to any residential
zone, a conditional use permit must be applied for and reviewed and
approved by the Planning Commission and City Council. (Ordinance No.
400, adopted November 7, 1990.)
(b) No dwelling shall be erected to a height less than ten (10)
feet, and no accessory building in a Residential Zone shall be erected
to a height greater than twenty-five (25) feet.
19-3-6.
Animals and Fowl.
No animals or fowl shall be kept or
maintained closer than forty (40) feet from any dwelling, and not
closer than seventy-five (75) feet from any dwelling on an adjacent
lot. Any barn, stable, coop, pen, corral, or enclosure for the housing
or keeping of animals or fowl shall be kept, constructed or maintained
not less than one hundred (100) feet from a public street and not less
than twenty-five (25) feet from any lot line.
19-3-7.
Building Regulations.
Domestic water supply and sewage
disposal shall comply with the Weber County Health Department
requirements in all applications for a building permit where either an
approved supply of piped water under pressure, or a sewer, is not
available.
19-3-8.
Fence Height Regulations and Obstruction of View.
19-3-8.1. Fence Height Regulations.
(a) No fence or other similar structure shall be erected in any
required front yard of a dwelling to a height in excess of four (4)
feet; nor shall any fence or similar structure be erected in any side
or rear yard to a height in excess of seven (7) feet. In commercial and
manufacturing zones, fence heights shall be as approved by the Planning
Commission.
(b) Fences in front yards (in front of the front setback line of
the zone) shall not exceed four (4) feet in height except as provided
in sight triangle area requirements.
(c) On corner lots, the side facing the street shall meet the
requirements of front yards, as set forth in paragraphs (a) and (b) of
this Section, except that on those corner lots where the house on the
property to the rear is back to back with the house on the property in
question, then up to a six (6) foot fence is allowed, to within five
(5) feet of the property line or right-of-way line, in the side yard
facing the street. Sight triangle area requirements must be met in all
cases.
(d) No fence, whether of wood, metal, masonry of concrete, nor
other obstruction including shrubbery nor any combination of materials,
shall be erected or maintained which blocks the access from a front
yard through both sides to the rear yard unless a gate approved by the
Zoning Administrator is installed in at least one side.
(e) Where a fence is erected upon a retaining wall or where for
other reasons there is a difference in the elevation of the surface of
the land on either side of a fence, height of the fence shall be
measured from a point halfway between the top of the retaining wall and
the land on the low side of the fence, but nothing herein contained
shall be construed to restrict a fence to less than four (4) feet in
height, measured from the surface of the land on the side having the
highest elevation.
(f) All fences and retaining walls must be maintained in a state
of good repair.
19-3-8.2. Obstruction of View Regulations.
(a) It shall be unlawful for the owner, occupant or person in
control of any corner lot in the City to erect, maintain or permit to
grow any obstruction to the view of drivers of motor vehicles over a
height of three (3) feet within the sight-triangle area of said lot as
that term is defined in 19-3-8.2(b). All trees growing in the sight
triangle area shall be trimmed so that no foliage hangs down closer
than seven (7) feet to the ground.
(b) "Sight Triangle Area" is defined as:
that portion of a
corner lot lying within a triangle area formed by measuring back along
the property lines adjacent to the intersecting streets to a point on
each property line twenty (20) feet from the intersection of said
property lines and then connecting the two points thus established with
a third line.
(c) Only trees listed on the City's Public Works Department list
of approved trees may be planted in the park strip and a permit must be
obtained from the City's Public Works Department before said trees may
be planted.
(d) The Mayor or his appointee shall have the authority to order
removal of any tree, plant, shrub, fence or other object that violates
the provisions of this section.
(Ordinance No. 464, Adopted August 17, 1994)
19-3-9.
Lighting.
(a) No spotlight or floodlight shall be installed in any way
which will permit the direct rays of such light to penetrate into any
residential zone or onto any property used for residential purpose.
(b) No light, sign, or other advertising structure as regulated
by this Title shall be erected at the intersection of any street in
such a manner as to obstruct free and clear vision; or at any location
where, by reason of the position, shape or color, it may interfere
with, obstruct the view of or be confused with any authorized traffic
sign, signal or device or which makes use of the words "STOP", "LOOK",
"DRIVE-IN", "DANGER", or any other word, phrase, symbol, or character
in such manner as to interfere with, mislead, or confuse traffic.
(c) The use of tethered devices such as balloons, banners, flags,
wind socks or other items that are affected by wind or weather, and are
tethered in such a manner that allows the device to cross property
lines or to come into contact with power lines or telephone lines,
light poles, fences, signs, buildings, vehicles or people are
prohibited. (Ordinance No. 383, Adopted December 6, 1989.)
19-3-10. Private Park, Playground, or Recreational Area.
In all
residential zones, a private park, playground, or recreational area,
with or without a swimming pool, shall meet the following requirements:
(a) The lands and facilities used for such purpose shall be owned
or leased and operated by a nonprofit corporation for the exclusive
benefit of the members, their immediate families, and nonpaying guests.
(b) Adequate rest rooms and sanitary facilities shall be provided
and kept available for use by members, their families and guests, and
shall be maintained in proper working order and in a clean and sanitary
condition and in full compliance with the reasonable standards, rules
and regulations established by the Weber County Health Department.
(c) Twenty-five (25) off-street parking spaces, or one (1)
off-street parking space for each four memberships in the operating
corporation, whichever is greater, shall be provided on the lot devoted
to the principal use.
(d) Operation or use of the recreational facilities provided is
forbidden between the hours of 11:00 p.m. to 6:00 a.m. next following.
(e) All facilities, equipment, and buildings shall be set back
not less than twenty (20) feet from any property line and shall be
located not less than fifty (50) feet from any main building on an
adjoining lot and from any area upon which any such main building is in
existence.
(f) The minimum size of the lot or site used for such
recreational or other purposes shall be one acre.
(g) Any lights used to illuminate the premises shall be installed
in such manner that the source of light shall be suitably screened to
avoid annoying illumination of lands outside said premises.
19-3-11. Public Utility Substations. In all residential zones, public
utility substations shall meet the following requirements:
(a) Each public utility substation in a residential zone shall be
located on a lot not less than two thousand (2,000) square feet in
area.
(b) Each public utility substation in a residential zone shall be
provided with a yard on each of the four sides of the building not less
than five (5) feet in width, except that for such stations located on
lots fronting on a street abutted by one or more residential lots, the
front yard, side yards, and rear yard shall equal those required for a
single-family residence in the same zone.
(c) Each public utility substation in a residential zone shall be
located on a lot which has adequate access from a street, alley or
easement.
(d) The location of a public utility substation in a residential
zone shall be subject to approval by the City Planning Commission.
19-3-12. Swimming Pool, Family.
A family swimming pool shall be
permitted in the rear yard of a dwelling as an accessory use provided
the following requirements are met:
(a) The location of such family swimming pool or accessory
machinery shall not be less than thirty-five feet from any dwelling on
an adjoining lot and not less than seven (7) feet from any interior
property line. On corner lots, the distance from said pool to the
property line facing on a street shall not be less than the required
side yard for an accessory building in that zone.
(b) An outside family swimming pool shall be completely enclosed
by a substantial fence of not less than six (6) feet in height and any
lights used to illuminate said pool or its accessories shall be so
arranged as to reflect the light away from the adjoining premises.
(c) In addition to the set back and fencing requirements, set
forth herein, it is strongly recommended that pool owners utilize pool
covers that comply with the most current personal liability insurance
standards.
(Ordinance No. 503, Adopted November 6, 1996)
Chapter 4 - Parking and Loading Space, Vehicle Traffic and Access
Regulations
19-4-1
19-4-2
19-4-3
19-4-4
19-4-5
19-4-6
19-4-7
19-4-8
Purpose and Intent
Parking Space for Dwellings
Parking Space for Non-dwelling Building
Computation of Parking Requirements
Parking Lot Design and Maintenance
Off-Street Truck Loading Space
Business Requiring Motor Vehicle Access
Vehicular Traffic To Commercial or Manufacturing Zones
19-4-1.
Purpose and Intent.
The purpose of this Chapter is to
regulate parking and loading spaces, vehicle traffic and access in
order to provide orderly and adequate development of these needed
amenities, and in so doing promote the safety and well-being of the
citizens of the City. Consequently, there shall be provided at the time
of the erection of any main building or at the time any main building
is enlarged or increased minimum off-street parking space with adequate
provisions for ingress and egress by standard-sized automobiles.
19-4-2.
Parking Space for Dwellings.
In all zones there shall be
provided in a private garage or in an area properly located for a
future garage:
(a) For a single-family dwelling, two parking spaces.
(b) For a two-family dwelling, four spaces.
(c) For a three-family dwelling, six parking spaces.
(d) For a four-family dwelling, seven parking spaces.
(e) For other multiple-family dwellings:
(1) Standard
multiple-family
dwelling,
one
and
three-fourths parking spaces per dwelling unit;
(2) Multiple
family
dwelling
designed
to
accommodate
exclusively bachelor and/or bachelorette (presence of Resident
Manager does not make this type a standard multiple family
dwelling), one parking space for each person in each unit.
Building Permit will stipulate maximum number of persons per unit
and number and type of unit;
(3) Housing exclusively for elderly and/or handicapped, one
parking space per unit.
(f) If any dwelling unit is increased by occupant use after the
original building permit is issued, the parking requirements shall
reflect that increase.
(g) In addition to the above parking space requirements, one
parking space shall be provided for every two paying guests residing in
such dwelling units. Such paying guests refers to the rental of
sleeping rooms within the dwelling unit.
19-4-3.
Parking Space for Non-dwelling Building. For new buildings
or for any enlargement or increase in seating capacity, floor area or
guest rooms of any existing building, there shall be provided:
Apartment Hotel ......... One space per two sleeping units
Auditors' Office ........ One space per staff member plus three
Auto Repair Shop ........ One space per employee plus five spaces
for client use
Bank .................... Not less than 30 spaces
Barber .................. Two spaces per staff member
Beautician Shop ......... Three spaces per staff member
Boarding House .......... Three spaces per four persons to whom
rooms will be rented
Business Office ......... One space per employee on highest shift
Cafe .................... One space per eating booth and table
plus one space per three stools
Cafeteria ............... One space per eating booth and table
plus one space per three stools
Car Wash ................ Four spaces per professional staff plus
one space per subordinate staff
Chiropractor Office ..... Four spaces per professional staff plus
one space per subordinate staff
Church .................. One space per five fixed seats
Clinic .................. Four spaces per professional staff plus
one space per subordinate staff
Club, Private ........... At least 20 client spaces
Dance Hall .............. One space per 200 square feet of floor
space
Day Care Center ......... One space per employee plus four spaces
for client use
Dental Office ........... Four spaces per professional staff plus
one per subordinate staff
Drive-In Food
Establishment ........... One space per 100 square feet of floor
space, but not less than 10 spaces
Dry Cleaner ............. One space per employee plus five spaces
for client use
Educational Institution
(Private) ............... Two spaces per three student capacity
plus one space per staff member
Employment Office ....... One space per employee plus six spaces
for client use
Finance Office .......... One space per staff member plus three
spaces for client use
Fraternity .............. Two spaces per four persons whom the
building is designed to accommodate
Furniture Store ......... One space per 300 square feet of sales
floor space in building
Hospital ................ One space per two bed capacity
Hotel ................... One space per two sleeping units
Insurance Office ........ One space per staff member plus four
spaces for client use
Laboratory .............. One space per employee on highest shift
Laundromat .............. One space per three coin operated
machines
Legal Office ............ One space per professional staff plus
four spaces for client use
Library ................. At least 30 spaces
Lodging House ........... Three spaces per four persons to whom
rooms will be rented
Lounge .................. At least 20 client spaces
Liquor Store ............ At least 20 spaces
Medical Office .......... Four spaces per professional staff plus
one space per subordinate staff
Mortuary ................ At least 30 spaces
Motel ................... One space per sleeping or living unit
Museum .................. At least 30 spaces
Night Club .............. At least 20 client spaces
Nursing Home ............ One space per two bed capacity
Optometrist Office ...... Four spaces per professional staff plus
one space per subordinate staff
Photo Studio ............ At least six spaces
Post Office ............. At least 20 client spaces
Psychiatric Office ...... Four spaces per professional staff plus
one space per subordinate staff
Real Estate Office ...... One space per employee plus four spaces
for client use
Reception Center ........ At least 30 spaces
Recreation Center ....... One space per 200 square feet of
recreation area
Rental Establishment ..... At least four client spaces
Restaurant .............. One space per eating booth or table
Retail Store ............ One space per 200 square feet of sales
floor space in building
Retail Store with
Drive-In Window ......... One space per 200 square feet of sales
floor space in building plus storage
capacity of four cars per window on the
property
Sanitarium .............. One space per two bed capacity
Service Repair Shop,
General ................. At least four client spaces
Stadium ................. One space per five fixed seats
Sorority ................ Two spaces per four persons whom the
building is designed to accommodate
Tavern .................. At least 15 spaces
Terminal, Transportation At least 30 spaces
Theater ................. One space per five fixed seats
Travel Agency ........... One space per employee plus four spaces
for client use
Upholstery Shop ......... One space per employee plus three spaces
for client use
Used Car Lot ............ One space per employee plus four spaces
for client use
Warehouse ............... Two spaces per three employees
Wedding Chapel .......... At least 30 spaces
Wholesale Business ...... Two spaces per three employees plus
three spaces for client use
For other uses not
listed above ............. Where use is not listed above, the
parking
requirements
shall
be
established by the Planning Commission
based on a reasonable number of spaces
for staff and customers and similar
requirements of like businesses
19-4-4.
Computation
determining number of
space, any fraction up
including one-half and
of Parking Requirements.
When measurements
required parking spaces result in a fractional
to one-half shall be disregarded, and fractions
over shall require one parking space.
19-4-5.
Parking Lot Design and Maintenance.
(a) Parking space as required in Sections 19-4-2 and 19-4-3 shall
be on the same lot with the main building or in the case of buildings
other than dwellings, may be located no further than five hundred (500)
feet therefrom.
(b) Every parcel of land hereafter used as a public parking area
shall be paved with an asphalt or concrete surface and shall have
appropriate bumper guards or curbs where needed, as determined by the
Building Inspector to protect adjacent property owners or persons using
a sidewalk. Catch basins and drains shall be provided to collect
surface drainage of all paved areas at a minimum rate of one (1) inch
an hour rainfall. Surface drainage is not allowable across pedestrian
walkways.
(c) Access across and over the required front yard is allowed to
the side yard or rear yards. In the case of multiple family dwellings,
not more than fifty (50) percent of the required side and rear yards
shall be used for parking or vehicular access lanes. In such cases
where it is deemed necessary to utilize more than fifty (50) percent of
the required side and rear yards, any said yard area used in excess of
said limits shall be provided in an equivalent amount of land area
elsewhere on the same lot as the building as open green space, patios,
play areas or courts.
(d) The design and maintenance of off-street parking facilities
shall be subject to the following provisions:
(1) Each parking space shall encompass not less than one
hundred eighty (180) square feet, with a minimum width of nine (9)
feet, the width being measured at a right angle to the side lines
of the parking space.
(2) Adequate automobile access to and from parking areas
for interior block developments shall be provided. Minimum size of
the access strip shall be as follows based on the number of units
to be served:
(A)
Up to and including four (4) dwelling units,
sixteen (16) feet;
(B)
From five (5) to eleven (11) dwelling units,
one (1) twenty-four (24) foot two-way access strip or two (2)
sixteen (16) foot one-way access right-of-ways;
(C)
Twelve (12) or more dwelling units, one (1)
thirty-six (36) foot two-way access strip, or two (2)
eighteen (18) foot one-way access strips.
(D)
A greater size of access right-of-way may be
required as deemed necessary by the Planning Commission,
especially in cases where access right-of-way will create
corner lots from otherwise interior lots.
(3) All off-street parking spaces and associated access
lanes shall be effectively screened on any side adjoining any
property in a residential zone by a masonry wall or fences not
less than four (4) feet nor more than seven (7) feet high, except
that some type of hedge-row shrubs may be used in place of a wall
or fence provided the hedge is continuous along adjoining property
and at maturity is not less than five (5) feet nor more than seven
(7) feet high. Hedge-row shrubs shall be maintained and replaced
where necessary in order that the hedge may become an effective
screen from bordering property within a maximum five year period.
Front yard and corner lot fences or hedge row plantings shall
maintain height requirements of their respective zones and shall
be compatible with the requirements of Section 19-3-8. (Ordinance
No. 366, adopted September 21, 1988.)
(4) Lighting and signs shall conform to the requirements
set forth in this Title.
(5) Parking spaces for dwellings will be located on the
same lot with the dwelling.
19-4-6.
Off-Street Truck Loading Space.
On the same premises with
every building or use involved in the receipt of distribution by
vehicles of materials or merchandise, there shall be provided and
maintained on the lot adequate space for standing, loading, and
unloading services in order to avoid undue interference with public use
of streets or alleys. Such space, unless otherwise adequately provided,
shall include a ten foot by twenty-five foot (10' x 25') loading space
with fourteen (14) feet height clearance, for every twenty thousand
(20,000) square feet or fraction thereof in excess of three thousand
(3,000) square feet of land use for the above mentioned purposes.
19-4-7.
Business Requiring Motor Vehicle Access.
Service Stations,
roadside stands, public parking lots, and all other business needing
motor vehicle access shall meet the following requirements:
(a) Access to the station or other structure or parking lot shall
be by not more than two roadways for each one hundred (100) feet or
fraction thereof of frontage on any street; no two of said approaches
shall be closer to each other than twelve (12) feet; each of said
approaches shall be not more than fifty (50) feet in width. Location of
approaches shall be as approved by the Planning Commission as part of
the site plan; and a curb, hedge, or fence of not more than two (2)
feet in height shall be provided by the owner to limit access to the
permitted roadway.
(b) Gasoline pumps shall be set back at least twenty (20) feet
from any property line bordering a street, provided that a pump island
parallel to an adjoining street may be located not less than fifteen
(15) feet from the property line bordering said street.
(Ordinance No. 366, adopted September 21, 1988.)
19-4-8.
Vehicular Traffic To Commercial or Manufacturing Zones.
Privately owned land within an area zoned for residential purposes
shall not be used as a regular means of vehicular passage to and from
property in commercial or manufacturing zones.
Chapter 5 - Home Occupation
19-5-1
19-5-2
19-5-3
19-5-4
Conditions
Non-Conforming Uses
Licensing and Regulation
Penalty
19-5-1.
Conditions. It shall be unlawful to conduct or pursue a Home
Occupation within the Corporate Limits of Riverdale City unless each of
the following conditions is complied with:
(a) All full-time employees shall be residents of the premises
wherein the Home Occupation is being conducted.
(b) The premises shall not be physically changed to accommodate
the Home Occupation to the extent that it would alter the residential
atmosphere of the neighborhood. The Home Occupation shall not disturb
the peace and quiet of the neighborhood by reason of lighting, sounds,
noise, vibrations, or interference with radio or television reception.
(c) The Home Occupation shall be conducted entirely within the
primary structure on the premises and the space devoted to the Home
Occupation shall not exceed an area greater than 25 percent of the main
floor area of the primary structure. The garage, accessory buildings
and the yard are specifically prohibited from the Home Occupation use.
(d) Operating supplies, including inventory, and displays for the
Home Occupation, shall not take up more than 50 percent of the
permitted area described in section (c).
(e) All displays of sales goods, wares, or merchandise shall be
totally enclosed within the premises and shall not be visible from
without the premises.
(f) One flat sign attached to the primary residence not exceeding
two square feet in area and indicating the Home Occupation is the only
sign that shall be permitted on the premises. This subsection shall not
apply to the advertising of fruit or vegetables in season.
(g) The Home Occupation shall not generate vehicular traffic
different in quality or quantity from that normally present in the
neighborhood in which the dwelling is located.
(h) There shall be no off-street parking facilities on the
premises of the Home Occupation dwelling permitted beyond that normally
required for residential uses.
(i) Any dwelling, where a home occupation day care center is
operated, shall have no less than twenty-five percent (25%) of the yard
at such dwelling fenced in such a manner as to meet the City's fence
ordinance and to provide for the reasonable safety and well-being of
the children being cared for at the dwelling.
(j) No home occupation license may be granted to any person
occupying a rented dwelling place unless the applicant shall have first
obtained the written approval, from the owner of the rented premises,
for the operation of the business.
(k) The Home Occupation shall not generate dust, odors, noxious
fumes, glare, or other hazards to safety and health which may be sensed
beyond the premises.
(l) The Home Occupation shall not create a hazard by using
flammable, explosive, or other dangerous materials. Animals which are
capable of inflicting harm of discomfort or endangering the health and
safety of any person or property shall not be kept or raised.
(m) The Home Occupation shall not create a demand for municipal
or utility services or community facilities in excess of those usually
and customarily provided for residential uses.
(n) The Home Occupation may be a child Day Care Center which
cares for not more than six (6) children. Children of the home owner
wherein the Home Occupation takes place shall not be counted for this
limitation.
19-5-2.
Non-Conforming Uses. Home Occupations which are lawfully in
existence at the time of the adoption of this Chapter but which do not
comply with the above conditions may continue to do business. However,
such non-conforming use shall cease to be lawful when such use has been
abandoned for one continuous year.
(a) A Home Occupation which is lawful because of this Section
shall not be enlarged or expanded as to volume, intensity, size, area,
nature, extent, time or affect after the adoption of this Chapter.
(b) Non-conforming Home Occupations are hereby made exempt from
the extension privilege of Riverdale Municipal Ordinance Code
19-11-4(c).
19-5-3.
Licensing and Regulation.
Nothing in this Chapter shall
prohibit Riverdale City from licensing, taxing, or regulating a Home
Occupation.
19-5-4.
Penalty.
A violation of this Chapter is deemed a Class C
Misdemeanor. Each day a violation continues is hereby deemed to be a
separate offense for the purposes of this section.
(Ordinance No. 496, Adopted April 17, 1996)
Chapter 6 -Signs
19-6-1
19-6-2
19-6-3
19-6-4
19-6-5
19-6-6
19-6-7
19-6-8
Major Sign Types
General Provisions
Special Provisions
Exempt Signs
Design Standards
Specialty Signs
Off-Premise Signs
Sign/Zone Regulations
19-6-1.
Major Sign Types.
Business signs, identification and
information signs, and specialty signs are considered as major sign
types for the purpose of this Chapter. All signs will be classified as
belonging to one of the major sign types for regulatory measures.
19-6-2.
General Provisions.
(a) Conformity and Safety. If a sign does not conform with the
requirements of this Chapter or if the construction, design, manner of
use, or method of anchoring or supporting any sign makes such sign
unsafe, the Chief Building Official shall proceed in any manner he
deems necessary to cause the removal of the sign or the rebuilding of
the sign to conform with the requirements of this Chapter or to remedy
the defects herein. All signs must meet the requirements of the Uniform
Building Codes and Safety Regulations of the City.
(b) Clearance.
There shall be a minimum clearance of ten (10)
feet between the ground or sidewalk and any part of a projecting sign,
with the exception of public necessity signs and name plates.
(c) Copy Area.
Copy area of building facade signs or multiple
copy signs shall not exceed forty (40) percent of the background facing
to which it is applied.
(d) Height of Signs. No sign shall exceed the Height Limitations
established for each zone as set forth in Section 8 of this Chapter.
(e) Lighting of Signs.
Signs may be illuminated by indirect
lighting, floodlights, or luminous tubes only. No lighting shall be
installed in any way which will permit direct rays of such light to
penetrate onto any adjoining property used for residential purposes, or
in any manner constituting a nuisance. Animated signs are prohibited
except as expressly provided herein.
(f) Location of Signs. No part of any sign shall be permitted to
extend across any property line nor located in any required front or
side yard except as follows:
(1) Business and identification signs attached to a
building may project into a required front or side yard not more
than two (2) feet and not less than ten (10) feet above the ground
or sidewalk.
(2) Ground business signs, including all portable type
signs for conforming uses only, shall not be located closer than
ten (10) feet to a front or side property line for that portion of
the sign lower than ten (10) feet and not closer than one (1) foot
for that portion of the sign greater than ten (10) feet in height.
(Ordinance No. 384, Adopted December 6, 1989.)
(3) Property identification and service signs shall not be
located closer than three (3) feet to any property line.
(4) Name plates may be located anywhere on the property.
(g) Maintenance of Signs. Signs regulated by this Chapter shall
be maintained in good visual appearance and structural conditions at
all times. The City, its Chief Building Official, and its other agents
shall in no way be liable for negligence or failure of the owner, or
the person responsible for maintaining any sign, to keep such sign in
good condition, or be responsible for any damage caused by defective
conditions.
(h) Misleading, Fraudulent, Obscene, Immoral, Indecent, or Signs
of Unsightly Character Prohibited.
No signs shall be erected or
maintained, or be permitted to remain publicly displayed which are
misleading, fraudulent, obscene, immoral, indecent, or of unsightly
character.
(i) Noise Prohibited. It shall be unlawful to use in connection
with any sign or to use for advertising purposes any radio, phonograph,
whistle, bell, or any other sound or noisemaking or transmitting device
or instrument for the purpose of commercial advertising.
(j) Pasting or Gluing Prohibited.
No sign shall be pasted or
glued directly on any wall or roof or affixed directly on any wall or
roof by means of any similar adhesive substance. No paper or cloth sign
shall be tacked directly on any wall or roof.
(Ordinance No. 384,
Adopted December 6, 1989.)
(k) Permit Required.
It shall be unlawful to erect or remodel
any sign upon or over public or private property within the City until
a sign permit with respect to such sign has been obtained from the
Chief Building Official. The Chief Building Official may, at his
discretion, request the Planning Commission to review a sign
application.
(l) Refusal of Owner to Remove Dangerous Signs - Removal by Chief
Building Official.
Where immediate action is deemed necessary to
protect limb, life, or property and where the owner of a sign or the
owner of the property on which the sign is erected fails to remove such
sign pursuant to notice from the Chief Building Official within a
specified time fixed in such notice, the Chief Building Official may
proceed in any manner deemed necessary to cause the immediate removal
of such sign. The Chief Building Official shall certify a statement of
the expenses incurred in such removal to the City Treasurer who in turn
shall assess and charge the same against the real estate upon which the
sign was erected, and unless said assessment is paid within ninety (90)
days after and from the date of notice thereof, the same shall, when
recorded in the offices of the County Clerk and Recorder of the City,
become a lien upon the real estate whereon the sign is erected and
collectible in the same manner as general taxes.
(m) Removal of Conforming Signs. Any person occupying a building
or portion of a building who owns or maintains a sign in connection
therewith shall, upon vacating the premises, or discontinuing the
business advertised, cause the sign to be removed. Any person who owns
and maintains a sign which is maintained for the benefit of another
person who occupies a building or part of a building whereon the sign
is located shall cause the sign to be removed if the person for whom
the sign is maintained vacates the premises. Failure of the owner of
the sign or of the person responsible for maintain same to remove the
sign within thirty (30) days after notice from the Chief Building
Official shall be considered as a violation of this Chapter and shall
subject the owner of the sign and the owner of the property to the
penalties herein specified.
(n) Removal of Nonconforming Signs.
(1) Any sign not in conformance with the provisions of this
Chapter and which was erected or installed without a permit shall
be removed within thirty (30) days upon notification from the
Chief Building Official.
(2) Signs for which permits were previously issued and
which are made nonconforming by the provisions of this Chapter
shall be permitted to remain in accordance with Section 19-6-7.
Under no circumstances shall such nonconforming signs be remodeled
or replaced. The provisions of Section 19-6-2 shall apply to such
nonconforming signs.
(3) Any existing sign conforming to the provisions of this
Chapter relative to size and location, but nonconforming as to
structural requirements, shall be removed or replaced within one
(1) year upon written notice from the City. However, if it is
deemed to be a hazard or more than fifty (50) percent damaged, it
shall be removed or repaired in accordance with the structural
requirements of this Chapter, within ten (10) days after receiving
notice from the City.
(o) Sign Inspection. The Chief Building Official shall inspect
each sign for which a permit has been issued and shall require the
proper maintenance of all signs subject to the provisions of this
Chapter. No sign or other advertising structure measuring less than ten
(10) feet to the bottom of the sign face, as regulated by this Chapter,
shall be located on a corner lot at the intersection of any streets
within a triangular area formed by the street property lines and a line
connecting them at points forty (40) feet from the intersection of the
street line.
(p) Sign Not to Cover Windows, Doors, or Similar Openings.
No
sign shall cover a window, doorway, or other opening providing light
ventilation or exit facilities which are required by the Building Code
or which are deemed by the Fire Department to be necessary to give the
Fire Department access to the building, or to afford fire protection in
the event of a fire; provided, however, that flat signs, wall signs,
cloth signs, and projecting signs shall be permitted to cover transoms.
(q) Sign on Private Property.
It shall be unlawful for any
person to fasten or attach, paint or place, any sign as defined in this
Chapter upon any private wall, window, door, gate, fence, or sign or
upon any other personal property without the consent of the owner, or
lessee, or someone authorized to act on behalf of such owner or lessee.
(r) Sign on Public Property. It shall be unlawful for any person
to fasten or attach, paint or place, any sign, handbill, poster,
advertisement, or notice of any kind or sort, whether political or
otherwise, or to cause the same to be done in or upon the curbstone,
lamp post, telephone pole, electric light, or power pole, hydrant,
bridge or tree, or in or upon any portion of any sidewalk or street. It
shall be unlawful to paste, place, paint or attach any sign defined in
this Chapter on any building, street, or property of the City. No sign
shall be erected on or project over public property.
(s) Sign Over Streets Prohibited. It shall be unlawful to erect
and/or maintain any sign over any street or alley, except as herein
expressly provided.
(t) Sign Setback. For the purposes of this Chapter, the entire
sign must comply with the specified setback regulations.
(u) Signs, Zones Permitted and Controls. It is unlawful for any
person to erect or otherwise install a sign having a size or height
greater than allowed in this Chapter. It is unlawful for any person to
erect or otherwise install a sign located on a site or in a zone in
violation of the regulations specified in this Title.
(v) Violations a Misdemeanor.
Any person who shall fail to
comply with, or shall violate any of the provisions of this Chapter, or
any rules or regulations promulgated hereunder, shall be deemed guilty
of a Class C misdemeanor and upon conviction such person shall be
punished as is provided in Section 13-3-1 et seq. However, any
imprisonment shall be for not more than sixty (60) days. The penalty
provided herein shall be in addition to any suspension or revocation of
any license or permit issued hereunder. (Ordinance No. 326, Adopted
June 4, 1986)
19-6-3.
Special Provisions.
(a) Animated Signs.
No animated signs shall be erected or
maintained in, nor closer than seventy-five (75) feet to, any
residential zone. Revolving animated signs are limited to six
revolutions per minute and may not have flashing lights attached
thereto.
(b) Blanketing. To prevent blanketing, no projection or marquee
sign shall be erected to project more than 24 inches. Projection shall
be measured from the facing of the building and/or structure to which
the sign is attached. Signs on adjacent properties shall not obscure
each other. (Ordinance No. 384, Adopted December 6, 1989.)
(c) Cloth Signs.
Permits may be issued by the Chief Building
Official upon approval by the City Council for hanging of display
banners or other cloth decorations for special occasions, such as
religious, charitable, civic or festive occurrences, or for Christmas
decorations, or in celebration of some event of religious, national,
state, or civic significance or in honor of a visit from a person or
persons of note. It is specifically prohibited to incorporate in any
such decorations any political advertising or advertising of a
commercial nature. The Chief Building Official may permit signs to be
hung over public streets or walks after proper approval. Permits issued
pursuant to this paragraph may be issued without charge of any fee, but
shall specify a period of time, not to exceed fifteen (15) days, during
which such signs shall be permitted to be used, except as permitted by
the Planning Commission as a conditional use.
(Ordinance No. 384,
Adopted December 6, 1989.)
(d) Electric Signs. All signs which utilize or are illuminated
by electricity shall comply with the adopted Electric Code, and Fire
Prevention Code, of the City.
(e) Marquee Signs. Marquee signs may be placed on, attached to,
or constructed in a marquee. For the purpose of determining height,
projection and clearance, the standards as specified in the Uniform
Building Code for Marquee shall govern.
(f) Political or Campaign Signs.
(1) Political or campaign signs are permitted in accordance
with the following provisions provided that any such sign shall be
erected not earlier than sixty (60) days prior to the election at
which time the candidates or measure will be voted upon and shall
be removed within fifteen (15) days after such election, campaign,
or event.
(2) No political or campaign sign shall be placed within
150 feet from a polling place.
(3) No political or campaign sign may be placed in such a
manner as to create a safety hazard or constitute a public
nuisance of any kind or nature whatsoever.
The City's Building
and Zoning Official, Public Works Director, or Chief of Police
shall determine whether the placement of a political or campaign
sign constitutes a safety hazard or public nuisance, and upon such
determination shall remove said sign so that the safety hazard or
public nuisance no longer exists.
Ordinance No. 475, Adopted March 1, 1995.)
(g) Shopping Center Signs.
In shopping centers, frontage for
each separate store shall be based on the width of the front of each
business, and signs for such businesses shall be attached to the front
of each store. One (1) detached or attached sign for each street
frontage may be used to designate the name of the shopping center and
names of individual businesses in the center.
(Ordinance No. 384,
Adopted December 6, 1989.)
(h) Time Limitation for Construction Project of Land Development
Signs.
No construction project or land development sign shall be
erected more than thirty (30) days prior to construction and shall be
removed not more than thirty (30) days after completion.
19-6-4.
Exempt Signs.
The following signs shall be exempt from
zoning regulations:
(a) Memorial tablets or tablets containing the names of buildings
and date of the erection and use of the building when built into the
walls of the building and constructed of bronze, brass, marble, stone,
or other noncombustible material.
(b) Nameplates not to exceed two (2) square feet. Any nameplates
exceeding two square feet are prohibited in all zones.
(c) Non-illuminated and non-floodlighted flat signs, wall signs, and
free standing signs having an area not in excess of thirty-six (36)
square feet, announcing the enterprise to be located in a building
under construction or announcing the name and address of the architect
or contractor of the building, or the owner thereof, provided that no
more than one such sign shall be erected on each street frontage and
also provided that said signs are not erected more than thirty (30)
days prior to construction and are removed not more than thirty (30)
days after completion.
(d) Non-illuminated and non-floodlighted religious, charitable, and
educational ground signs having an area not in excess of twelve (12)
square feet.
(e) Non-illuminated and non-floodlighted signs having an area not in
excess of four (4) square feet, that advertise the place of business of
a doctor, dentist, or other profession, or home occupation.
(f) Traffic and other municipal signs, house numbers, legal
notices, railroad crossing signs, and danger signs and warning signs.
(g) Painting,
repainting,
or
cleaning
of
an
advertising
structure, or the changing of the advertising copy of the message
thereon shall not be considered erection or alteration which requires a
sign permit unless a structural change is made thereto.
19-6-5.
Design Standards.
All design standards shall be in
accordance with the Uniform Sign Code.
(Ordinance No. 384, Adopted
December 6, 1989.)
19-6-6.
Specialty Signs.
Portable, illuminated specialty signs are
prohibited in Riverdale City. All other portable signs, A-frame signs
and wind signs are prohibited unless they are securely anchored and ten
(10) feet back from the property line. Specialty signs shall not exceed
a maximum of twelve (12) square feet of display area on each side and
shall not exceed one sign per one hundred (100) linear feet on each
street facing each business. (Ordinance No. 384, Adopted December 6,
1989.)
19-6-7.
Off-Premise Signs.
(a) Off-Premise signs in Riverdale City are permitted as a
conditional use in commercial, planned commercial, manufacturing and
planned manufacturing zones only. The conditional use must be reviewed
and approved by the Planning Commission and City Council. Existing
off-premise signs may remain as a conditional use. Maintenance and
advertising changes are permitted without approval of the Planning
Commission or City Council. Any enlargement or modification requires
approval as a conditional use.
(b) Any business signs made non-conforming by this ordinance
shall be reviewed by the Planning Commission which may allow the sign
to remain or require the sign to be removed.
(Ordinance No. 384,
Adopted December 6, 1989.)
19-6-8.
Sign/Zone Regulations.
(a) In Residential Districts RE-20, RE-15, A-1, R-1-10, R-1-8,
R0-1-6, R-2, R-3, R-4, R-5, and Rmh-1, the following signs are
permitted:
(1) Name Plates.
One (1) name plate for each dwelling
unit, not exceeding two (2) square feet in area, indicating the
name of the occupant, and/or a permitted home occupation.
(2) Identification and Information Signs.
One (1) sign,
not exceeding eight (8) square feet in area, for conforming
buildings or conforming uses other than dwellings, boarding
houses, or lodging houses.
(3) Development Signs. One (1) or more signs not exceeding
eight (8) square feet in combined total area for each street
frontage of the lot. In addition, one (1) or more signs of a
temporary nature for each approved subdivision under development
and located on said subdivision property, providing that no more
than one (1) such sign be located at each major approach to the
subdivision but not closer than ten (10) feet to the street
property lines. Signs on corner lots shall comply with Section
19-6-2(o) of this Chapter. Said signs shall not exceed in
combined total area two hundred (200) square feet for any one
subdivision and no one sign shall exceed one hundred (100) square
feet in area. The period for display of such temporary signs
shall be limited to one (1) year provided that at the expiration
of this time, the Building Inspector may grant an appropriate
extension of time for periods not to exceed one (1) year,
provided not more than seventy-five (75) percent of the project
has been developed.
Application for said extension shall be made at least thirty
(30) days before expiration of the original permit. In addition,
one (1) or more signs of a temporary nature for main buildings or
uses under development other than dwellings, provided such signs
shall not exceed in combined total area one hundred (100) square
feet.
(4) Public Necessity Signs.
One (1) or more public
necessity signs, provided that no sign shall exceed twenty-four
(24) square feet in area.
(5) Business Signs. One (1) or more signs not exceeding in
total area two (2) square feet for each one (1) linear foot of
frontage occupied by a nonconforming commercial or industrial use,
but in no case shall the total area of all signs exceed one
hundred (100) square feet. Uses not occupying frontage may each
have one or more signs not exceeding forty (40) square feet.
(6) Bulletin Board.
One (1) bulletin board not exceeding
eighteen (18) square feet in area for a church or other
institution for the purpose of displaying the name and character
of services or activities conducted therein. All such bulletin
boards and identification signs shall be attached to and parallel
with the front wall of the building. If any nameplate, bulletin
board, or sign is illuminated, indirect lighting only shall be
used, the source of light shall not be visible from the street,
and no flashing or intermittent illumination shall be employed.
(7) No projecting signs permitted.
(8) Yard and Height Regulations.
(A)
Front
Yard
Regulations.
Business
and
identification signs shall be located flat against the
building.
Nameplates may be located anywhere on the
property.
(B)
Side
Yard
Regulations.
Business
and
identification signs shall be located anywhere on the
property.
(C)
Rear
Yard
Regulations.
Business
and
identification signs shall be located flat against the
building. Nameplates may be located anywhere on the property.
(D)
Height Regulations. No sign shall be erected
to a height greater than ten (10) feet or project above the
height of the building to which it is attached.
(9) In an A-1 zone, ground or pole signs advertising the
sale of livestock, produce or in conjunction with a home
occupation are permitted as a conditional use. The property on
which such signs are placed must meet minimum width requirements
for the A-1 zone. (Ordinance No. 384, Adopted December 6, 1989.)
(b) In Commercial Districts C-1, C-2, C-3, and CP-1, CP-2, CP-3,
and Manufacturing Districts M-1, M-2, the following signs are
permitted:
(1) Development Signs.
One (1) or more signs of a
temporary nature for main buildings or uses under development
provided such signs shall not exceed in combined total area one
hundred (100) square feet.
(2) Public Necessity Signs.
One (1) or more public
necessity signs, provided that no such sign shall exceed
twenty-four (24) square feet in area.
(3) Business Signs.
One (1) or more business signs not
exceeding three (3) square feet in combined total area for each
linear foot of occupied frontage except that the maximum size of a
business sign shall be three hundred (300) square feet in area and
the total area of all commercial or industrial use shall be six
hundred (600) square feet. However, a business sign, on or
attached to a building, flush or as a roof sign, not more than
eight (8) feet above building, may have a total area of six
hundred (600) square feet. Each commercial or industrial use
backing on to a freeway shall be permitted not more than one (1)
business sign.
(4) Floodlighted Signs.
(5) Illuminated Signs.
(6) Animated Signs.
(7) Roof Signs.
(8
Height Regulations.
No sign shall be erected to a
height exceeding forty (40) feet above the ground, except that the
height of billboards shall not be subject to this height
limitation.
The height limitation of billboards shall be
determined and approved on an individual basis, which height shall
be approved by the Governing Body, and all billboards shall be in
compliance with the Utah Outdoor Advertising Act. (Ordinance No.
496, Adopted April 17, 1996)
(9) Existing
Signs.
Any
lawful
sign
completely
constructed, in existence, and lawfully installed in the City of
Riverdale at the time of the passage of this ordinance, shall be
allowed to exist at its present height.
At such time that the
existing sign structure or location is changed, in any manner
whatsoever, then said sign must come into compliance with the
height limitation, as set forth in subparagraph (8), above.
(Ordinance No. 496, Adopted April 17, 1996)
(c)
Temporary Signs.
(1) Temporary signs, other than cloth signs, when ten (10)
feet or more above the ground, may project not more than six (6)
inches over public property or beyond the building line.
(2) Temporary signs may remain in place for a period not
exceeding ninety (90) days.
(3) Temporary cloth signs may extend over public property.
Such signs when extending over a public street shall maintain a
clearance of twenty (20) feet. Cloth signs may extend across a
public street only by permission of the governing body and shall
be subject to all related laws and ordinances.
(d) The provisions of Title 19, Chapter 6 shall supersede any
other provisions of Title 19 regarding signs.
(Ordinance No. 384, Adopted December 6, 1989.)
Chapter 7 - Conditional Uses
19-7-1
19-7-2
19-7-3
19-7-4
19-7-5
19-7-6
19-7-7
19-7-8
19-7-9
19-7-10
Purpose and Intent
Conditional Use Permit
Review Procedure
Determination
Basis for Issuance of Conditional Use Permit
Appeal
Reserved for Future Use
Building Permit
Expiration
Temporary Structures for Seasonal Sales
19-7-1.
Purpose and Intent.
The purpose and intent of conditional
uses is to allow in certain areas compatible integration of uses which
are related to the permitted uses of the zone, but which may be
suitable and desirable only in certain locations in that zone due to
conditions and circumstances peculiar to that location and/or upon
certain conditions which make the uses suitable and/or only if such
uses are designed, laid out, and constructed on the proposed site in a
particular manner.
19-7-2.
Conditional Use Permit.
A conditional use permit shall be
required for all uses listed as conditional uses in the zone
regulations. A conditional use permit may be revoked by the City
Council after review and recommendation by the Planning Commission,
upon failure to comply with the conditions imposed with the original
approval of the permit.
19-7-3.
Review Procedure.
(a) Application for a conditional use permit shall be made to the
Planning Commission.
(b) Detailed location, site and building plans shall accompany
the completed application forms provided by the City. For structures in
existence, only a location plan need be provided.
(c) The application, together with all pertinent information,
shall be considered by the Planning Commission at its next regularly
scheduled meeting.
(d) The Planning Commission may call a specific public hearing on
any application after adequate notice if it is deemed in the public
interest. The Planning Commission shall take action on the application
by the second meeting of the Planning Commission after the application
filing date. A record of the hearing together with a recommendation for
denial or issuance of the conditional use permit with conditions of
approval or reasons for denial shall be forwarded to the City Council.
19-7-4.
Determination. The Planning Commission may deny or permit a
conditional use to be located within any zone in which the particular
conditional use is permitted. In authorizing any conditional use, the
Planning Commission shall impose such requirements and conditions
necessary for the protection of adjacent properties and the public
welfare.
19-7-5.
Basis for Issuance of Conditional Use Permit. The Planning
Commission shall not authorize a conditional use permit unless evidence
is presented to establish:
(a) That the proposed use of the particular location is necessary
or desirable to provide a service or facility which will contribute to
the general well-being of the community; and
(b) That such use will not, under the circumstances of the
particular case and the conditions imposed, be detrimental to the
health, safety, and general welfare of persons nor injurious to
property or improvements in the community, but will be compatible with
and complementary to the existing surrounding uses, buildings, and
structures when considering traffic generation, parking, building
design and location, landscaping and signs; and
(c) That the proposed use conforms to the goals, policies, and
conditions specified in this Chapter for such use; and
(d) That the proposed use conforms to the goals, policies and
governing principles and land use of the Master Plan for Riverdale
City; and
(e) That the proposed use will not lead to the deterioration of
the environment, or ecology of the general area, nor will it produce
conditions or emit pollutants of such a type or of such a quantity so
as to detrimentally effect, to any appreciable degree, public or
private property including the operation of existing uses thereon, in
the immediate vicinity or the community or area as a whole.
19-7-6.
Appeal.
The decision of the Planning Commission may be
appealed to the City Council by filing such appeal within 15 days after
the date of the notice of decision sent the applicant. The City Council
may uphold or reverse the decision of the Planning Commission and
impose any additional conditions that it may deem necessary in granting
an appeal. The decision of the City Council shall be final.
19-7-7.
Reserved for Future Use.
19-7-8.
Building Permit. Upon receipt of a conditional use permit,
the developer shall take such permit to the Building Inspector, who
will review the permit and conditions attached. Based on this review
and compliance with any other items that might develop in the pursuance
of his duties, the Building Inspector may approve an application for a
building permit and shall insure that development is undertaken and
completed in compliance with said permit and conditions pertaining
thereto.
19-7-9.
Expiration.
Unless there is substantial action under a
conditional use permit within a period of one year of its issuance as
determined by the Planning Commission, the conditional use permit shall
expire. The Planning Commission may grant a maximum extension of six
months under exceptional circumstances.
19-7-10. Temporary Structures for Seasonal Sales. The City Council of
this City may waive certain of the requirements of the Uniform Codes
adopted in this Title to permit the erection and use of temporary
structures for the sale of seasonal merchandise under the following
conditions:
(a) The person making application for the waiver of such
requirements shall file with the Riverdale City Planning Commission, an
application, in writing, in such form and containing such information
as shall be determined by the Planning Commission consistent with this
Chapter. Said application shall include an informal site plan drawn to
scale showing the size of the proposed structure and its location in
relation to the other structures and improvements on the site plan of
the location on file with the City. No such temporary seasonal
structure shall be permitted to be located upon any parcel of property
for which there is not an existing approved site plan on file with the
City.
(b) At a regular or special meeting of the Planning Commission,
in the Planning Commission's discretion, and after reasonable written
notice to all affected parties, including all tenants of all buildings
located upon the existing site plan, the Commission shall consider
whether to recommend the approval or denial of the application for
waiver.
(c) In considering whether to recommend approval or denial of the
requested waiver, the Commission shall consider the following factors:
(1) The degree of deviation from the Uniform Codes adopted
in this Title.
(2) The effect the proposed structure will have on the
safety of persons and property.
(3) The benefit of the sale of the proposed merchandise to
City residents and customers of City business licensees.
(4) The aesthetic appearance of the proposed structure.
(5) The effect on pedestrian and vehicle traffic in the
area including traffic within the existing site plan.
(6) The size of the proposed structure. It is the intent of
this Chapter that waivers be granted only to small structures not
exceeding 200 square feet in size.
(7) The degree of self-containment of the structure as
contrasted to the need for outside utility connections.
(8) The availability of restroom facilities for persons
using the structures.
(9) The past experience and character of the applicant.
(10) Compatibility of the proposed structure and use with
the existing site plan on file with the City.
(11) The permanency of the proposed operations. It is the
intent of this Chapter that the structure be used for the sale of
seasonal merchandise. Under no conditions shall the structure be
permitted to remain longer than nine months. It is not the intent
of this Chapter that the waiver be granted for a weekend or other
short duration of time. (Ordinance No. 339, Adopted January 7,
1987).
(d) The Planning Commission may seek the advice of the City's
engineer and building inspector either in writing or at the meeting
where the application is considered.
(e) After due consideration of the application, the Planning
Commission shall make its recommendation to the City Council in
writing. The City Council shall consider the application at its next
regularly scheduled meeting. The City Council, in considering the
application, shall consider the facts listed in subparagraph (c) above
and shall either approve or deny the application. (Ordinance No. 340,
Adopted February 18, 1987)
Chapter 8 - Planned Residential Unit Development
19-8-1
19-8-2
19-8-3
19-8-4
19-8-5
19-8-6
19-8-7
19-8-8
19-8-9
19-8-10
19-8-11
Purpose and Intent
Use Regulations
Area Regulations
General Requirements
Submission of Application
Planning Commission Consideration
Planning Commission Action
City Council Action
Fees
Building Permit Issuance
Time Limit
19-8-1.
Purpose and Intent. A Planned Residential Unit Development
(PRUD) is intended to allow for diversification in the relationship of
various uses and structures, to permit more flexibility, and to
encourage new and imaginative concepts in the design of neighborhood
and housing projects in urban areas. To this end, the development
should be planned as one complex land use rather than an aggregation of
individual, unrelated buildings located on separate lots.
Substantial compliance with zone regulations and other provisions
of this Title in requiring adequate standards related to the public
health, safety and general welfare shall be observed, without unduly
inhibiting the advantages of large scale site planning for residential
and related purposes.
19-8-2.
Use Regulations.
A Planned Residential Unit Development
shall be permitted in all forestry, agriculture, and residential zones
plus the C-3 zone and, notwithstanding any other provisions of this
Title, the provisions as hereinafter set forth shall be applicable if
any conflict exists.
An overall development plan for a Planned Residential Unit
Development showing building types, locations, sizes, height, number of
residential units, access roads, open spaces, parking and landscaping
may be approved by the Planning Commission and City Council, and
building permits issued in accordance with such plan, even though the
residential uses, housing types, and the location of the buildings
proposed differ from the residential uses, housing types and
regulations governing such uses in effect in the zone in which the
development is proposed, provided that provisions of this Chapter are
complied with.
19-8-3.
Area Regulations.
(a) (1) The minimum area for a Planned Residential Unit
Development shall be an area of not less than two (2) acres.
(2) The basic number of dwelling units in a PRUD shall be
the same as the number permitted by the lot area requirements of
the zone in which the PRUD is located. Land used for schools,
churches, other nonresidential service-type buildings and uses for
streets needed exclusively for access to the usable area of a PRUD
shall not be included in the area for determining the number of
allowable dwelling units.
(3) The basic number of dwelling units in a PRUD may be
increased by up to ten (10) percent if the Planning Commission, in
its judgment, determines that the concept, site layout, design,
residential groupings and the esthetic and landscaping proposals
will provide a superior residential development and environment to
that which would result through the normal land subdivision
process.
(b) All proposed residential developments, with the exception of
a usual land subdivision, within the City equal to or in excess of the
minimum area requirements for a Planned Residential Unit Development as
set forth in Section 19-8-3(a) shall comply with the provisions of this
Chapter and be developed as a PRUD. Land to be developed as a usual
subdivision shall be subject to the provisions of Section 19-40-1 et
seq. of this Title.
(Ordinance No. 462, Adopted July 20, 1994)
19-8-4.
General Requirements.
(a) The development shall be in single or corporate ownership or
the application filed jointly by the owners of the property.
(b) The property adjacent to the Planned Residential Unit
Development shall not be adversely affected and to this end the
Planning Commission may require, in the absence of appropriate physical
boundaries, that uses of least intensity or greatest compatibility be
arranged around the boundaries of the project. Yard requirements for
setbacks and spacing distances between dwellings shall be approved by
the Planning Commission after recommendation of Fire Department and
Building Department and shall comply with the following:
(1) No rear yard of any dwelling on the periphery of the
PRUD shall be closer than 20 feet to adjacent zone boundary or
property outside of the PRUD.
(2) All side yard set backs, for the entire PRUD, shall be
no less than the side yard set back requirements, as set forth in
the most restrictive zoned property which has any contiguous
boundary with the PRUD.
(Ordinance No. 462, Adopted July 20, 1994)
(c) Site development standards and sign regulations shall be
determined by approval of the site development plan.
(d) The City Council, upon recommendation of the Planning
Commission, may require the preservation, maintenance, and ownership of
open space utilizing, at the City's option, one of the following
methods:
(1) Dedicating the land as a public park or parkway system;
or
(2) Granting to the City a permanent open space easement on
and over the said private open spaces to guarantee that the open
spaces remain perpetually in recreation use, with ownership and
maintenance being the responsibility of a Home Owners Association
established with Articles of Association and By-Laws which are
satisfactory to the City; or
(3) Complying with the provisions of the Condominium
Ownership Act of 1963, Title 57, Chapter 8, Utah Code Annotated,
(1953), which provides for the payment of common expenses for the
upkeep of common areas and facilities. Recreation uses and
facilities may be developed within the common open-space areas in
compliance with a recreation and landscaping plan approved as part
of the approved final development plan of the Planned Residential
Unit Development.
(4) If the second or third method, as set forth above, is
utilized to maintain the open spaces, but the organization
established fails to maintain the open spaces in reasonable order
and condition, the City may, at its option, do or contract to have
done the required maintenance and shall assess ratably the open
space and individually owned properties within the Planned
Residential Unit Development.
Such assessment shall be a lien against property and
shall be filed with the Weber County Recorder, or the City may
bring suit to collect the maintenance fees together with a
reasonable attorney's fees and costs.
(e) The developer shall be required to provide a surety or cash
bond, escrow or bank letter of credit in an amount determined by the
Chief Building Official of the City guaranteeing the completion of the
development of the open space, or a phase thereof. When completed in
accordance with the approved plan, the bond shall be released. If
uncompleted at the end of two years, the City Council will review the
progress and may proceed to use the bond funds to make the improvements
to the open space after approval by the City Council and by the City
Attorney which approval shall be filed with the City Recorder.
(f) Where access roads create corner lots of adjoining parcels of
land, the location of the paved area of the access road shall be
located so as to maintain the minimum corner lot side yard requirements
of the zone in which the corner lot is located, plus an additional ten
(10) foot planting and walking area.
(g) If the Planned Residential Unit Development is to be
subsequently divided either as a "subdivision" into a phase development
parcel or into separately owned and operated units, such division
boundaries shall be indicated in the development plan and preliminary
subdivision approval concurrently obtained in the case of a
"subdivision".
(h) The Subdivision Ordinance, Section 19-40-1 et seq. of this
Title, of the City as it now or hereafter may exist applies to all
developments.
(i) The area shall be adaptable to a unit type development and
shall not contain within or through it any ownership or physical
barrier which would tend to impair the unit cohesiveness.
(j) Accessory nonresidential uses may be included in Planned
Residential Unit Developments of 100 units or more to provide a
necessary service to residents of the development as determined by the
Planning Commission provided agreements and restrictive covenants
controlling the proposed uses, ownership, operational characteristics
and physical design to the City's satisfaction are filed by and entered
into by the developer to assure that the approved necessary service is
maintained.
(k) Once the overall development plan showing details of
buildings, structures, and uses has been approved by the City Council
after recommendations of the Planning Commission, no changes or
alterations to such development plans or uses shall be made without
first obtaining approval of the Planning Commission. Major revisions
require City Council approval.
19-8-5.
Submission of Application.
An application for a Planned
Residential Unit Development shall be submitted to the Planning
Commission and shall be accompanied by an overall development plan
showing uses, dimensions and locations of proposed structures, areas
reserved for public uses such as schools, playgrounds, landscaping,
recreational facilities, and open spaces, areas reserved and proposals
for accommodating the design and character of the proposed development.
Such other information shall be included as may be necessary to
determine that the contemplated arrangement of uses make it desirable
to apply regulations and requirements differing from those ordinarily
applicable under this Title. Revisions to the plan shall be reviewed
and approved by the Planning Commission, with City Council approval on
major revisions required.
19-8-6.
Planning Commission Consideration. In reviewing the proposed
Planned Residential Unit Development, the Planning Commission shall
consider:
(a) The design of buildings and their relationship on the site
and their relationship to development beyond the boundaries of the
development.
(b) Which streets shall be public and which shall be private, the
entrances and exits to the development and the provisions for internal
and external traffic circulation and off-street parking.
(c) The landscaping and screening as related to the several uses
within the development and as a means of its integration into its
surrounding.
(d) The size, location, design, and nature of signs, if any, and
the intensity and direction of area or flood lighting.
(e) The residential density of the proposed development and its
distribution as compared with the residential density of the
surrounding lands, either existing or as indicated in the Zoning Map or
Master Plan proposals of the City as being a desirable future
residential density.
(f) The demonstrated ability of the proponents of the Planned
Residential Unit Development to financially carry out the proposed
project under total or phase development proposals within the time
limit established.
19-8-7.
Planning Commission Action. The Planning Commission, subject
to the requirements of this Chapter, may recommend approval or denial,
or approval with conditions of the proposed Planned Residential Unit
Development to the City Council.
19-8-8.
City Council Action.
The City Council, after holding a
public hearing thereon, (which shall require written notification
mailed to property owners within 500 feet of proposed PRUD) may approve
or disapprove the application for a Planned Residential Unit
Development. In approving an application, the City Council may attach
such conditions including a limitation of time during which the permit
remains valid, as it may deem necessary to secure the purposes of this
Chapter. Approval of the City Council, together with any conditions
imposed, constitutes approval of the proposed development as a
"permitted use" in the zone in which it is proposed. (Ordinance No.
489, Adopted February 21, 1996)
19-8-9.
Fees.
(a) At the time of filing a petition or request for a PRUD, the
petitioners shall pay to the City and the City shall collect such fee
as may be set by resolution of the City Council.
(b) The fee assessed by this Chapter shall not be refundable
regardless of the eventual disposition of the PRUD request and shall be
in addition to all other fees presently in effect and payable to the
City.
(Ordinance No. 452, Adopted April 6, 1994.)
19-8-10. Building Permit Issuance. The Building Inspector shall not
issue any permit for the proposed building or use within the project
unless such building or use is in accordance with the approved
development plan and any conditions imposed. Approved development plans
shall be filed with the Planning Commission, City Engineer, Building
Inspector, and City Recorder.
19-8-11. Time Limit.
Unless there is substantial action leading
toward completion of a Planned Residential Unit Development or an
approved phase thereof within a period of eighteen (18) months from the
date of approval, as determined by the City Council, such approval
shall expire unless after reconsideration of the progress of the
project an extension is approved.
Chapter 9 - Cluster Subdivision Special Regulations
19-9-1
19-9-2
19-9-3
19-9-4
19-9-5
19-9-6
Purpose and Intent
General Regulations
Site Development Standards
Open Space Provision
Open Space Preservation and Maintenance
Procedure
19-9-1.
Purpose and Intent.
Cluster subdivisions are intended to
allow flexibility in the neighborhood and subdivision lot design by
permitting the development of single family and two family dwellings on
lots smaller than normally required for the zone in which the
subdivision is located and by dedicating or reserving the land so saved
to needed open space. It is not intended that this type of subdivision
be universally applied but only where circumstances or natural features
and land use make it appropriate and of special benefit to the
residents of the subdivision and surrounding area. The consolidated lot
resulting from the reduction of lot sizes shall be usable land not
swamp land or steep slope.
19-9-2.
General Regulations.
(a) A cluster subdivision shall be a permitted use in all
forestry, agricultural, and residential zones and not withstanding any
other provisions of this Title, the provisions as hereinafter set forth
shall be applicable if any conflict exists; provided, however, that no
such cluster subdivision shall contain less than twenty-five (25)
dwellings.
(b) Where land is proposed for subdivision into lots and a
subdivider
dedicates
or
permanently
reserves
land
within
the
subdivision for recreational use or open space, a reduction in the
minimum lot area required for the zone in which the cluster subdivision
is located may be approved by the Planning Commission, provided the
provisions of this Chapter are met, and further provided that the
cluster subdivision receives subdivision approval.
19-9-3.
Site Development Standards.
(a) The minimum lot area for dwellings may be reduced below the
area normally required in the zone in which the cluster subdivision is
located, but no lot shall have an area less than two-thirds (2/3) of
the minimum lot area required for such dwelling in the respective zone.
(b) The minimum lot width and side yard may be reduced below the
width and side yard normally required in the zone in which the cluster
subdivision is located, but no lot shall have a width or side yard of
less than three-quarters (3/4) of the minimum lot width or side yard
required in the respective zone.
(c) Yard use and height regulations shall be the same as for the
zone in which the cluster subdivision is located.
19-9-4.
Open Space Provision.
There shall be permanently reserved
within the subdivision for recreation and/or open space, parcels of
land whose total area is not less than the amount by which the areas of
the residential lots are reduced below the minimum area normally
required in the zone in which the cluster subdivision is located.
19-9-5.
Open Space Preservation and Maintenance.
Recreation and/or
open space areas to be permanently reserved shall be improved,
landscaped, and maintained in accordance with a plan approved by the
Planning Commission and the cluster subdivision provisions of the
Subdivision Ordinance, Section 19-40-1 et seq. of this Title.
19-9-6.
Procedure.
A preliminary plan of the cluster subdivision
showing the areas within the subdivision to be permanently reserved for
recreation and/or open space, and plans showing the proposed use,
improvements, and method of maintenance of such areas shall be approved
by the Planning Commission before the cluster subdivision proposal
becomes a permitted use in the zone in which it is proposed.
Chapter 10 - Group Dwelling Special Regulations
19-10-1
19-10-2
19-10-3
Yard Regulations
Group Dwelling PRUD
Conditional Use
19-10-1. Yard Regulations. Group dwellings shall be considered as one
building for the purpose of front, side, and rear yard requirements,
the entire group as a unit requiring one front, one rear and two side
yards as specified for dwelling structures. The minimum distance
between structures shall be ten (10) feet for single story buildings,
fifteen (15) feet for two story buildings and twenty (20) feet for
three or more story buildings.
19-10-2. Group Dwelling PRUD.
A group dwelling complex must be
developed as a PRUD if the area of the complex is equal to or exceeds
the minimum area requirements for a PRUD as listed in Chapter 8 of this
Title.
19-10-3. Conditional Use. All group dwelling with 25 or more dwelling
units in a R-3 zone or a R-4 zone, or with 50 or more dwelling units in
a R-5 zone, are considered as a conditional use and as such must comply
with the provisions of Chapter 7 of this Title.
Chapter 11 - Nonconforming Buildings and Uses
19-11-1
19-11-2
19-11-3
19-11-4
19-11-5
19-11-6
19-11-7
19-11-8
Nonconforming Buildings - Maintenance, Repairs, and Upkeep
Nonconforming Buildings - Additions, Enlargements, and Moving
Nonconforming Buildings - Abandonment by Nonuse
Nonconforming Use of Buildings
Nonconforming Use of Buildings - Abandonment By Nonuse
Nonconforming Use of Land - Abandonment by Nonuse
Nonconforming Use Compliance
Signs Permitted With Nonconforming Uses
19-11-1. Nonconforming Buildings - Maintenance, Repairs, and Upkeep.
(a) A nonconforming building or structure may be maintained.
(b) Repairs and structural alterations may be made to a
nonconforming building.
(c) A nonconforming building or structure which is damaged or
partially 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 partial destruction, may be continued or resumed,
provided that such restoration is started within a period of one (1)
year and is diligently prosecuted to completion.
19-11-2. Nonconforming Buildings - Additions, Enlargements, and
Moving.
(a) A building or structure nonconforming as to use regulations
shall not be added to or enlarged in any manner, unless such building
or structure, including such additions and enlargements, is made to
conform to all the regulations of the zone in which it is located.
(b) A building or structure nonconforming as to height, area or
yard regulations shall not be added to or enlarged in any manner unless
such addition and enlargement conforms to all the regulations of the
zone in which it is located.
(c) 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 alterations or
enlargements.
(d) No nonconforming building or structure shall be moved in
whole or in part to any other location on the lot, unless every portion
of such building or structure is made to conform to all the regulations
of the zone in which it is located.
19-11-3. Nonconforming Buildings - Abandonment by Nonuse.
A
nonconforming building or structure or portion thereof shall be deemed
abandoned by nonuse during a continuous period of one (1) year. If a
nonconforming building or structure or portion thereof has been or
shall be abandoned, the same shall not thereafter be occupied or used
except for a use which conforms to the use regulations of the zone in
which it is located.
19-11-4.
Nonconforming Use of Buildings.
(a) The nonconforming use of a building or structure existing at
the time of the applicable zoning regulations became or becomes
effective may be continued.
(b) A vacant nonconforming 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 (1) year after the building or
structure became nonconforming.
(c) A nonconforming use may be extended to include the entire
floor area of the existing building in which it was conducted at the
time use became nonconforming.
(d) Except by permit of the Board of Adjustment as provided in
Chapter 12 of this Title, the nonconforming use of a building or
structure may not be changed except to a conforming use; but where such
change is made to a conforming use, the use shall not thereafter be
changed back to a nonconforming use.
19-11-5. Nonconforming Use of Buildings - Abandonment By Nonuse. The
nonconforming use of a building or structure or portion thereof shall
be deemed abandoned by nonuse during a continuous period of one (1)
year. If a nonconforming use of any such building or structure or
portion thereof has been or shall be abandoned, the same shall not
thereafter be occupied or used except for a use which conforms to the
use regulations of the zone in which it is located.
19-11-6. Nonconforming Use of Land - Abandonment by Nonuse.
A
nonconforming use of a tract of land or portion thereof may be
continued. No such nonconforming use of land shall in any way be
expanded or extended either on the same or any adjoining tract of land.
A nonconforming use of land shall be deemed vacant by nonuse
immediately upon permanent discontinuation of the nonconforming use. If
a nonconforming use of land has been or shall be deemed vacant, such
land shall not thereafter be used or occupied except for a use which
conforms to the use regulations of the zone in which the use is
located.
19-11-7. Nonconforming Use Compliance. Any building structure or use
for which a valid building permit has been issued and actual
construction was lawfully begun prior to the effective date of this
Ordinance, or amendments to this Ordinance, may be completed and used
in accordance with the plans, specifications, and permit on which said
building permit was granted. Actual construction is hereby defined to
be: The actual placing of construction materials in their permanent
position, fastened in a permanent manner, actual work in excavating a
basement or the demolition or removal of an existing structure begun
preparatory to rebuilding, provided that in all cases actual
construction work shall be diligently carried
on
until
the
completion of the building or structure involved.
19-11-8. Signs Permitted With Nonconforming Uses. Nonconforming uses
in residential zones: One sign per use. One square foot of sign area
per lineal foot of building frontage, with a maximum of fifty (50)
square feet. Nonconforming uses in other than residential zones: One
sign per use. Area of the sign shall be in accordance with the
provisions of the regulations set forth in Chapter 6 of this Title, for
the respective zone in which the nonconforming use is located.
Chapter 12 - Board of Adjustment
19-12-1
19-12-2
19-12-3
19-12-4
19-12-5
19-12-6
19-12-7
19-12-8
19-12-9
19-12-10
19-12-11
19-12-12
Appointment, Term, and Approval
Organization and Meetings
Appeals
Stay of Proceedings Pending Appeal
Notice of Hearing on Appeal - Right of Appearance
Powers of Board on Appeal
Decision on Appeal
Vote Necessary for Reversal
Judicial Review of Board's Decision - Time Limitation
Time Limitation on Variance
Filing Fee
Compensation of Members
19-12-1. Appointment, Term, and Approval.
The Board of Adjustment
shall consist of five members, each to be appointed by the City Council
for a term of five (5) years, provided that the terms of the members of
the first Board so appointed shall be such that the term of one member
shall expire each year. Any member may be removed for cause by the
appointing authority upon written charges and after public hearing, if
such public hearing is requested. Vacancies shall be filled for the
unexpired term of any member whose term becomes vacant. One member, but
not more than one, of the Planning Commission shall be a member of the
Board of Adjustment. The City Council may appoint associate members of
such Board, and in the event that any regular member be temporarily
unable to act owing to absence from the country, illness, interest in a
case before the Board or any other cause, his place may be taken during
such temporary disability by an associate member designated for the
purpose.
19-12-2. Organization and Meetings.
The Board of Adjustments shall
organize and elect a chairman and adopt rules in accordance with the
provisions of State law, this Chapter and any other applicable
ordinance. Meetings of the Board shall be held at the call of the
chairman and at such other times as the Board may determine. The
chairman, or in his absence the acting chairman, may administer oaths
and compel the attendance of witnesses. All meetings of the Board shall
be open to the public.
(a) The Board shall keep minutes of its proceedings, showing the
vote of each member upon each question, or if absent or failing to vote
indicating such fact, and shall keep records of its examinations and
other official actions; all of which shall be immediately filed in the
office of the Board and shall be a public record.
(b) The Mayor, with the advice and consent of the City Council,
may appoint a Zoning Administrator to decide routine and uncontested
matters of the Board of Adjustments, as designated by the Board, and
pursuant to its established guidelines. Any person aggrieved by a
decision of the Zoning Administrator may appeal the decision to the
Board of Adjustments, as provided in this chapter.
(Ordinance No. 385, Adopted January 3, 1990.)
19-12-3. Appeals. Appeals to the Board of Adjustment may be taken by
any person aggrieved by his inability to obtain a building permit, or
by the decision of any administrative officer or agency based upon or
made in the course of the administration or enforcement of the
provisions of this Title. Appeals to the Board of Adjustment may be
taken by any officer, department, board or bureau of the City affected
by the grant or refusal of a building permit or by other decision of an
administrative officer or agency based on or made in the course of the
administration or enforcement of the provisions of this Title.
The
"time" within which such appeal must be made, and the form or other
procedure relating thereto, shall be as specified in the general rules
to govern the procedure of such Board of Adjustment or in the
supplemental rules of procedures adopted by such Board provided,
further, that said rules and regulations shall be available to the
public at the office of the City Recorder at all times.
19-12-4. Stay of Proceedings Pending Appeal.
An appeal stays all
proceedings in furtherance of the action appealed from, unless the
officer from whom the appeal is taken certifies to the Board of
Adjustment after the notice of appeal shall have been filed with him
that by reason of facts stated in the certificate, the stay would in
his opinion cause imminent peril to life or property. In such case
proceedings shall not be stayed otherwise than by restraining order
which may be granted by the Board of Adjustment or by the district
court on application and notice and on due cause shown.
19-12-5. Notice of Hearing on Appeal - Right
of Adjustment shall fix a reasonable time
appeal, give public notice thereof as well as
in interest and shall decide the same within
hearing, any party may appear in person or by
of Appearance. The Board
for the hearing of the
due notice to the parties
a reasonable time. At the
agent or by attorney.
19-12-6. Powers of Board on Appeal.
The Board of Adjustment shall
have the following powers:
(a) To hear and decide appeals where it is alleged by the
appellant that there is error in any order, requirement, decision, or
refusal made by administrative official or agency based on or made in
the enforcement of this Title.
(b) To hear and decide, in accordance with the provisions of this
Title, requests for "special exceptions" or for interpretation of the
map or for decisions on other special questions on which such Board is
authorized by this Title to pass.
(c) To authorize, on an appeal, a variance from strict
application of the regulations where, by reason of exceptional
narrowness, shallowness, or shape of a specific piece of property at
the time of the enactment of the regulation, or by reason of
exceptional
topographic
conditions
or
other
extraordinary
and
exceptional situation or condition of such piece of property, the
strict application of any regulations enacted would result in peculiar
and exceptional practical difficulties to, or exceptional and undue
hardships upon, the owner of such property. The variance from such
strict application can be granted so as to relieve such difficulties or
hardships, provided such relief may be granted without substantial
detriment to the public good and without substantial impairment to the
intent and purpose of the Master Plan and Zoning Ordinance of the City.
Before any variance may be authorized, however, it shall be shown that:
(1) The
variance
will
not
substantially
affect
the
Comprehensive Plan of Zoning in the City and that adherence to the
strict letter of this Title will cause difficulties and hardships
the imposition of which upon the petitioner is unnecessary in
order to carry out the general purpose of the Plan.
(2) Special circumstances attach to the property covered by
the application which do not generally apply to the other property
in the same zone.
(3) Because of said special circumstances, property covered
by the application is deprived of privileges possessed by other
properties in the same zone; and that the granting or the variance
is essential to the enjoyment of a substantial property right
possessed by other property in the same zone.
(d) To permit the enlargement of, addition to, or relocation of a
building or structure, nonconforming as to use regulations, as follows:
(1) For a nonconforming use located in a residential zone,
the enlargement, addition or relocation shall either: (i) comply
with all the height, yard and area requirements for a
single-family dwelling in the zone in which the nonconforming
building is located; or (ii) the proposed enlargement, addition,
or relocation will either (a) improve the area by increasing the
off-street parking, or (b) improve the general appearance,
convenience or safety of the area.
(2) For a nonconforming use located in any zone other than
a residential zone, the enlargement, addition, or relocation shall
comply with all height, yard, and area requirements for a main
building, other than dwellings, in the zone in which it is
located.
(3) Before granting a permit for any enlargement, addition
or relocation as provided above, the Board of Adjustment shall
find in its public hearing that the proposed changes will not
hinder or obstruct the attainment of the objectives listed in
Chapter 19-1-2 of this Title more than does the existing
nonconforming use.
(e) To allow those enlargements of, additions to, or relocation
of buildings and structures, nonconforming as to yard, height, or area
regulations in those cases where an undue hardship will result to the
owner of the land involved unless granted and the attainment of the
objectives listed in Chapter 19-1-2 of this Title will not be hindered
or obstructed, and provided the proposed enlargement, addition to or
relocation of will either: (1) improve the area by increasing needed
off-street parking; or (2) improve the general appearance, convenience,
or safety of the area.
(f) To permit, where a zone boundary line divides a lot in single
ownership at the time of establishment of said boundary, a use
authorized on either portion of such lot to extend to the entire lot,
provided such permission shall not authorize the use to extend more
than thirty-five (35) feet beyond the zone boundary line or extend to
an area greater than five thousand (5,000) square feet beyond the said
boundary line.
(g) To permit a nonconforming use to be changed to another use
allowed in the same or a more restrictive zone than the one in which
the nonconforming use would be allowed; provided that the Board of
Adjustment finds in its public hearing that such change will not hinder
or obstruct the attainment of the objectives listed in Chapter 19-1-2
of this Title more than does the existing nonconforming use.
(h) To permit the construction and use of a dwelling upon a lot
which does not have frontage on a street, but does have frontage on a
dedicated right-of-way.
(i) To permit the splitting of a lot wherein such lot split
creates a lot which does not have the required width of the zone in
which the lot is located, provided the created nonconforming lot meets
the area requirements of the zone and the structure placed on the lot
meets all required site standards of the zone; and furthermore, that
before building permits are issued for the nonconforming split, the lot
split shall be reviewed and approved by the County Engineering Advisor
or City Engineer.
19-12-7. Decision on Appeal.
In exercising the above-mentioned
powers, such Board may, in conformity with the provisions of this
Chapter, reverse or affirm wholly or partly, or may modify the order,
requirement, decision or determination appealed from and may make such
order, requirement, decision, or determination as ought to be made, and
to that end shall have all the powers of the officer from whom the
appeal is taken.
19-12-8. Vote Necessary for Reversal.
The concurring vote of three
members of the Board shall be necessary to reverse any order,
requirement, or determination of any such administrative official, or
to decide in favor of the appellant on any matter upon which it is
required to pass under any Chapter of this Title, or to effect any
variation in such Chapter.
19-12-9. Judicial Review of Board's Decision - Time Limitation. The
City or any person aggrieved may have and maintain a plenary action for
relief therefrom in any court of competent jurisdiction, provided
petition for such relief is presented to the court within thirty (30)
days after the filing of such decision in the office of the Board.
19-12-10. Time Limitation on Variance.
In the event the Board of
Adjustment does grant a variance in accordance with the provisions of
this Chapter, alterations in accordance with the variance must be
activated within six (6) months after the date the variance is granted
or the variance becomes null and void. The time limit of the variance
may be extended an additional six (6) months by the Board of
Adjustment, and then only if the petitioner shows adequate cause to the
Board that circumstances necessitate a time extension.
19-12-11. Filing Fee. Upon filing of any appeal or application to the
Board of Adjustment, the appellant or applicant shall pay to the City a
fee prescribed by the City Council. The said fee shall be collected by
the officer in whose office said appeal is filed and shall be deposited
with the City Treasurer and credited to the general fund. No appeal or
application shall be considered by the Board of Adjustment unless and
until such fee has been paid.
19-12-12. Compensation of Members.
Each member of the Board of
Adjustment shall be compensated by an amount established by the City
Council for each meeting of the Board which he shall attend.
Chapter 13 - Zones
19-13-1
19-13-2
19-13-3
19-13-4
19-13-5
Establishment of Zones
Height Limiting Zones
Reserved for Future Use
Boundaries of Zones
Rules Applicable Where Boundaries Uncertain
19-13-1. Establishment of Zones. For the purpose of this Title, the
City is divided into the following zones in which land uses shall be
limited as specified in this Title. Classification will be determined
on the basis of location, topographic features, and other reasonable
considerations to guide the orderly physical growth, neighborhood
compatibility, and overall stability of the City.
(a) Open Space Zone 0-1.
(b) Agricultural Zone A-1.
(c) Residential Estate Zone RE-20.
(d) Residential Estate Zone RE-15.
(e) Single Family Residential Zone R-1-10.
(f) Single Family Residential Zone R-1-8.
(g) Single Family Residential Zone R-1-6.
(h) Single Family Residential Zone R-1-4.5.
(i) Single Family and Single Family with Rental Unit Residential
Zone, R-2.
(j) Multiple Family Residential Zone R-3.
(k) Multiple Family Residential Zone R-4.
(l) Multiple Family Residential Zone R-5.
(m) Mobile Home Park Zone Rmh-1.
(n) Neighborhood Commercial Zone C-1.
(o) Community Commercial Zone C-2.
(p) Regional Commercial Zone C-3.
(q) Planned Neighborhood Commercial Zone CP-1.
(r) Planned Community Commercial Zone CP-2.
(s) Planned Regional Commercial Zone CP-3.
(t) Light Manufacturing Zone M-1.
(u) Heavy Manufacturing Zone M-2.
(v) Planned Manufacturing Zone MP-1, MP-2.
(w) Special Use District - Office Park Zone OP.
(x) Special Use District-Sexually Oriented Businesses Zone (CP-4
overlay zone.
(Ordinance No. 544, Adopted August 5, 1998.)
19-13-2. Height Limiting Zones. In addition to the zones hereinabove
established, all the land within the incorporated boundaries, and
within 50,000 feet of the established airport reference point at Ogden
Municipal Airport in Weber County and Hill Air Force Base in Davis
County, Utah, is hereby divided into the following listed height
limiting zones.
(a) Instrument Approach Zone.
(b) Non-Instrument Approach Zone.
(c) Transition Zone.
(d) Horizontal Zone.
(e)
19-13-3.
Conical Zone.
Reserved for Future Use.
19-13-4. Boundaries of Zones.
The boundaries of each of the said
zones are hereby established as described herein or as shown on the map
entitled "Zoning Map of Riverdale City" and map entitled "Airport
Zoning Map of Riverdale City", or as hereafter amended, and all
boundaries, notations, and other data shown on said maps are made by
this reference as much a part of this Title as if fully described and
detailed herein. Said maps shall be filed in the custody of the City
Recorder and may be examined by the public subject to any reasonable
regulations established by the City Recorder.
19-13-5. Rules
Applicable
Where
Boundaries
Uncertain.
Where
uncertainty exists as to the boundary of any zone, the following rules
shall apply:
(a) Wherever
the
zone
boundary
is
indicated
as
being
approximately upon the centerline of the street, alley, or block, or
along a property line, then unless otherwise definitely indicated on
the map, the centerline of such street, alley, or block or such
property line, shall be construed to be the boundary of such zone.
(b) Wherever
the
zone
boundary
is
indicated
as
being
approximately at the center line of any river, irrigation canal, or
other waterway, or railroad right-of-way, or public park or other
public land, or any section line, then in such case the center of such
stream, canal, or water way or of such railroad right-of-way, or the
boundary line of such public land or such section line shall be deemed
to be the boundary of such zone.
(c) Where such zone boundary lines cannot be determined by the
above rules, their location may be found by the use of the scale
appearing upon the map.
(d) Where the application of the above rules does not clarify the
zone boundary location, the Board of Adjustments shall interpret the
map.
Chapter 14 - Open Space Zone
19-14-1
19-14-2
19-14-3
19-14-4
19-14-5
Purpose and Intent
Permitted Uses
Conditional Use
Site Development Standards
Sign Regulations
19-14-1. Purpose and Intent.
The Open Space Zone, O-1, is
specifically intended to encourage the preservation of a natural
environment in an otherwise urban setting; to hold for future
generations open space in which plants and animals can be protected and
studied; to inhibit erection of unnecessary buildings on a flood plain,
on areas of severe slope and areas of fault line and rock slides; to
provide suitable areas for recreation and relaxation, and to alleviate
stream pollution.
19-14-2. Permitted Uses.
(a) Accessory building and uses customarily incidental to any
permitted use.
(b) Agricultural.
(c) Botanical or zoological garden.
(d) Cemetery.
(e) Conservation areas: botanical or zoological.
(f) Fishing ponds: private or public.
(g) Golf course.
(h) Horse raising, provided conducted in a pasture of at least
one (1) acre size and with a maximum density of two (2) horses per
acre.
(i) Public park, public recreation grounds and associated
buildings, but not including privately owned commercial amusement
business. Public service buildings.
(j) Wildlife sanctuaries.
19-14-3. Conditional Use. The following uses shall be permitted only
when authorized by a conditional use permit as provided in Chapter 7 of
this Title.
(a) Accessory building and use customarily incidental to any
permitted use.
(b) Public utility substation or water storage reservoir
developed by a public agency.
19-14-4.
(a)
(b)
(c)
(d)
Site Development Standards.
Minimum lot area - one acre.
Minimum lot width - 150 feet.
Minimum yard setbacks for structures:
(1) Front - 30 feet.
(2) Side - 20 feet.
(3) Rear - 30 feet.
Building height:
(1) Minimum - one story.
(2) Maximum - two and one-half stories or 35 feet.
19-14-5.
following
set forth
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Sign Regulations.
The height, size, and location of the
permitted signs shall be in accordance with the regulations
in Chapter 6 of this Title.
Development.
Directional.
Flat.
Free Standing.
Identification and Information.
Nameplate.
Temporary.
Wall.
Chapter 15 - Agricultural Zone
19-15-1
19-15-2
19-15-3
19-15-4
19-15-5
19-15-6
Purpose and Intent
Permitted Uses
Permitted Uses Requiring Two (2) Acres Minimum Lot Area
Conditional Uses
Site Development Standards
Sign Regulations
19-15-1. Purpose and Intent.
The purpose of the A-1 Zone is to
designate farm areas which are likely to undergo a more intensive urban
development, to set up guidelines to continue agricultural pursuits,
including the keeping of farm animals, and to direct orderly
low-density residential development in a continuing rural environment.
19-15-2. Permitted Uses.
(a) Accessory building or use customarily incidental to any
permitted use.
(b) Agriculture, or agricultural experiment station.
(c) Animals or fowl kept for family food production.
(d) Cemetery.
(f) Chinchilla raising.
(g) Church, synagogue or similar permanent building used for
regular religious worship.
(h) Cluster subdivision in accordance with Chapter 9 of this
Title.
(i) Corral, stable or building for keeping animals or fowl,
provided such use shall be located not less than one hundred (100) feet
from a public street and any such building shall be located not less
than twenty-five (25) feet from any side or rear lot line.
(j) Educational institution.
(k) Fruit or vegetable storage packing plant or stand for fruit
or vegetables produced only on the premise.
(l) Golf course, except miniature golf course.
(m) Greenhouse and nursery limited to sale of materials produced
on premise and with no retail shop operation.
(n) Reserved for Future Use.
(o) Horses for private use only, and provided that not more than
two (2) horses may be kept for each one (1) acre within any lot.
(p) Household pets.
(q) Parking lot accessory to uses permitted in this zone.
(r) Private park, playground, or recreation area but not
including privately owned commercial amusement business.
(s) Public building, public park, recreation grounds and
associated buildings.
(t) Single family dwelling, guest homes, convalescent or rest
homes.
(u) Sugar beet loading or collection station.
(v) Temporary buildings or use incidental to construction work.
Such building shall be removed upon completion or abandonment of the
construction work.
19-15-3. Permitted Uses Requiring Two (2) Acres Minimum Lot Area.
(a) Animal hospital or clinic, dog breeding, dog kennels, dog
training school, aquariums, provided such use shall be located not less
than one hundred (100) feet from a public street and any building or
enclosure for animals is located not less than fifty (50) feet from any
side or rear property line.
(b) Dairy farm and milk processing and sale provided at least
fifty (50) percent of milk processed and sold is produced on premise.
(c) Hog keeping and raising of not more than ten (10) pigs which
are more than sixteen (16) weeks old, provided that no person shall
feed any such hog any market refuse, house refuse, garbage or offal
other than that produced on the premise.
(d) Raising and grazing of horses, cattle, sheep, or goats not
exceeding a density of fifteen (15) head per acre of used land, and
including the supplementary or full feeding of such animals as part of
a farming operation, provided that such raising and grazing when
conducted by a farmer in conjunction with any livestock feed yard,
livestock sales yard or slaughter house shall not be closer than three
hundred (300) feet to any dwelling, or public or semi-public building,
shall not include the erection of any permanent fences, corrals,
chutes, or other structures normally associated with commercial feed
lots, and shall be carried on during the period September 15 through
April 15 only.
(e) Two family dwelling.
19-15-4. Conditional Uses. The following uses shall be permitted only
when authorized by a conditional use permit obtained as provided in
Chapter 7 of this Title.
(a) Circus or transient amusement.
(b) Farms devoted to the hatching, raising, and fattening of
chickens, turkeys, or other fowl, rabbits, fish, or frogs, chinchilla
and beaver.
(c) Planned Residential Unit Development in accordance with
Chapter 8 of this Title.
(d) Private park, playground or recreation area not open to the
general public and to which no admission charge is made, but not
including privately owned commercial amusement business.
(e) Public utility substation or water storage reservoir
developed by a public agency.
(f) Radio or television station or tower.
(g) Waste water treatment or disposal facilities meeting the
requirements of the Utah State Division of Health Code Waste
Regulations.
(h) Home Occupations.
(i) Swap meets at a drive-in theater. (Ordinance No. 279, Adopted
October 21, 1981.)
19-15-5.
Site Development Standards.
Permitted and
Conditional Uses
Permitted Uses
Requiring Two (2)
Acres Minimum
Minimum Lot Area
Minimum Lot Width
Minimum Yard Setbacks
Front
Side
Dwelling
Other Main
Building
Accessory Building
Side, facing street
on corner lot
Rear
Main Building
Accessory Building
Building Height
Minimum
Maximum
19-15-6.
following
set forth
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
40,000 square feet
Two (2) acres
One hundred fifty feet (150’)
Thirty feet (30’)
Ten feet (10’) with total width of two (2)
side yards not less than twenty-four feet
(24’)
Twenty feet (20’) each side
Ten feet (10’) except one foot (1’) if located
at least six feet (6’) in rear of main
building
Twenty feet (20’)
Thirty feet (30’)
One foot (1’) except ten feet (10’) where
accessory building rears on side yard of
adjacent corner lot
One (1) story
Two and one-half (2-1/2) stories or thirtyfive feet (35’)
Sign Regulations.
The height, size, and location of the
permitted signs shall be in accordance with the regulations
in Chapter 6 of this Title.
Development.
Direction.
Flat.
Free Standing.
Identification and Information.
Nameplate.
Temporary.
Wall.
Chapter 16 - Residential Estate Zone
19-16-1
19-16-2
19-16-3
19-16-4
19-16-5
19-16-6
Purpose and Intent
Permitted Uses
Permitted Uses Requiring 40,000 Square Feet Minimum Lot Area
Conditional Uses
Site Development Standards
Sign Regulations
19-16-1. Purpose and Intent. The major purpose of the RE-15 and RE-20
zones is to provide and protect residential development at a low
density in a semi-agricultural or rural environment. It is also to
provide for certain rural amenities, on larger minimum lots, in
conjunction with the primary residential nature of the zone.
19-16-2. Permitted Uses.
(a) Accessory building or use customarily incidental to a
permitted use.
(b) Agriculture.
(c) Chinchilla raising.
(d) Church, synagogue or similar building used for regular
religious worship.
(e) Cluster subdivision, in accordance with Chapter 9 of this
Title.
(f) Educational institution.
(g) Golf course, except miniature golf.
(h) Greenhouse and nursery limited to sale of material produced
on premises and with no retail shop operation.
(i) Reserved for future use.
(j) Household pets.
(k) Parking lot accessory to use permitted in this zone.
(l) Public building, public park, recreation grounds and
associated buildings.
(m) Single family dwelling.
(n) Temporary building or use incidental to construction work.
Such building shall be removed upon the completion or abandonment of
the construction work.
19-16-3. Permitted Uses Requiring 40,000 Square Feet Minimum Lot Area.
(a) Animals and fowl kept for family food production.
(b) Corral, stable or building for keeping of animals or fowl,
provided such building shall be located not less than one hundred (100)
feet from a public street, and not less than twenty-five (25) feet from
any side lot line, and not less than forty (40) feet from any dwelling.
(c) Private stables; horses for private use only, and provided
that no more than two (2) horses may be kept for each one (1) acre
within any lot.
19-16-4. Conditional Uses. The following uses shall be permitted only
when authorized by a conditional use permit as provided in Chapter 7 of
this Title.
(a) Private park, playground or recreation area not open to the
general public and to which no admission is made, and not including
privately owned commercial amusement business.
(b) Public utility substation or water storage reservoir
developed by a public agency.
(c) Planned Residential Unit Development in accordance with
Chapter 8 of this Title.
(d) Home Occupations.
19-16-5.
Site Development Standards.
Minimum lot area
Minimum lot width
Minimum yard setbacks
Front
Side
Dwelling
Other main
building
Accessory building
Zero side yards
Side, facing street
on corner lot
Rear
Main building
Accessory building
Building height
Minimum
Maximum
19-16-6.
following
set forth
(a)
(b)
(c)
(d)
(e)
(f)
RE-15
15,000 square feet
except for uses which
require 40,000 square
feet
One hundred feet
(100’)
RE-20
20,000 square feet
except for uses which
require 40,000 square
feet
One hundred fifteen
feet (115’)
Thirty feet (30’)
Ten feet (10’) with total width of two (2)
side yards not less than twenty-four feet
(24’)
Twenty feet (20’) each side
Ten feet (10’) except one foot (1’) if located
at least six feet (6’) in rear of main
building
In accordance with Section 19-3-4(i) of this
Title
Twenty feet (20’)
Thirty feet (30’)
One foot (1’) except ten feet (10’) where
accessory building rears on side yard of
adjacent corner lot
One (1) story
Two and one-half (2-1/2) stories or thirtyfive feet (35’)
Sign Regulations.
The height, size, and location of the
permitted signs shall be in accordance with the regulations
in Chapter 6 of this Title.
Development.
Directional.
Flat.
Free Standing.
Identification and Information.
Nameplate.
(g)
(h)
Temporary.
Wall.
Chapter 17 - Single-Family Residential Zones
19-17-1
19-17-2
19-17-3
19-17-4
19-17-5
Purpose and Intent
Permitted Uses
Conditional Uses
Site Development Standards
Sign Regulations
19-17-1. Purpose and Intent.
The purpose of the R-1-10, R-1-8,and
R-1-6 zone classifications is to provide regulated areas for singlefamily residential use at three different low density levels.
The
purpose of the R-1-4.5 zone classification is to provide regulated
areas for single-family residential use at a moderate density and to
encourage a wider choice of single-family residential housing styles
and prices than is now available, as well as opportunities for
significant savings in both site development and space heating, while
maintaining the advantages of individual home ownership.
(Ordinance
No. 267, Adopted January 7, 1981.)
19-17-2. Permitted Uses.
(a) Accessory building and use customarily incidental to any
permitted use.
(b) Agriculture, nurseries and greenhouses, provided the sale of
goods is limited to material produced on the premises.
(c) Church, synagogue, or similar permanent building used for
regular religious worship.
(d) Cluster subdivision, in accordance with Chapter 9 of this
Title.
(e) Educational institution, public schools, private with similar
curriculum, day care centers.
(f) Golf course, except miniature golf.
(g) Reserved for future use.
(h) Household pets.
(i) Parking lot accessory to uses permitted in this zone.
(j) Planned Residential Unit Development, in accordance with
Chapter 8 of this Title.
(k) Public building; public park, public recreation grounds, and
associated buildings.
(l) Single-family dwellings.
(m) Temporary building for use incidental to construction work.
Such building shall be removed upon the completion or abandonment of
the construction work.
19-17-3. Conditional Uses. The following uses shall be permitted only
when authorized by a conditional use permit as provided in Chapter 7 of
this Title.
(a) Private park, playground, or recreation area, but not
including privately owned commercial amusement business.
(b) Public utility substation or water storage reservoir
developed by a public agency.
(c) Home Occupation.
(d) Zero lot line single-family dwelling.
19-17-4.
Site Development Standards.
Minimum lot
size (sq ft)
R-1-10
10,000
R-1-8
8,000
R-1-6
6,000
Eighty feet
Seventy feet Sixty feet
Minimum lot
(80’)
(70’)
(60’)
width
Alternate
Side zero
lot line
(duplex type)
Minimum yard setbacks
Front
Thirty feet (30’)
R-1-4.5
4,500 for
dwelling;
7,500 for
other main
building
Forty-five
feet (45’)
Thirty-five
feet (35’)
Twenty feet
(20’)
Fifteen feet
(15’)
Exception:
Where fifty
percent (50%)
is developed
but not less
than twenty
feet (20’)
Side
Dwelling Ten feet
Eight feet (8’)
Six feet (6’)
(10’)
with
total width
Twenty-four
Eighteen feet (18’)
Sixteen feet
not less than feet (24’)
(16’)
Other
Twenty feet (20’)
main building
each side
Side yard
Accessory Ten feet
Eight feet (8’)
Six feet (6’)
building
(10’)
EXCEPTION: When an accessory building is detached from the main
building, and the accessory building is located at least six feet (6’)
behind the main building, then the side yard setback for the accessory
building may be no less than one foot (1’) from any other structure (or
property line).
Zero side
In accordance with Section 19-3-4(i) of this Title.
yard
Side
Twenty feet (20’)
Fifteen feet
facing street
(15’)
on corner lot
Exception
Fifteen feet (15’)
Ten feet
where fifty
(10’)
percent (50%)
frontage is
developed but
not less than
Rear
Main
Thirty feet (30’)
Twenty-five
Twenty feet
building
feet (25’)
(20’)
Accessory When the accessory building is attached to the main
building
building, in any manner whatsoever, then the minimum
rear yard setback is twenty feet (20’) from the property
line. When an accessory building is detached from the
main building, and the accessory building is located at
least six feet (6’) behind the main building, then the
rear yard setback for the accessory building may be no
less than one foot (1’) from the property line.
Building height
Minimum
One (1) story
Maximum
Two and one-half (2-1/2) stories or thirty-five feet
(35’)
(Ordinance No. 489, Adopted February 21, 1996)
19-17-5.
following
set forth
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
Sign Regulations.
The height, size, and location of the
permitted signs shall be in accordance with the regulations
in Chapter 6 of this Title.
Development.
Directional.
Flat.
Free Standing.
Identification and Information.
Temporary.
Service Sign.
Business Sign.
Nameplate.
Chapter 18 - Single Family and Single Family with Rental Unit
Residential Zone, (R-2)
19-18-1
19-18-2
19-18-3
19-18-4
19-18-5
Purpose and Intent
Permitted Uses
Conditional Uses
Site Development Standards
Sign Regulations
19-18-1. Purpose and Intent.
The purpose of the R-2 zone
classification is to accommodate a need for moderate density
residential districts incorporating both single family dwelling units
and single family dwelling units with a residential rental unit.
19-18-2. Permitted Uses.
(a) Accessory building and use customarily incidental to any
permitted use.
(b) Agriculture.
(c) Church, synagogue, or similar permanent building used for
regular religious worship.
(d) Educational institution.
(e) Golf course, except miniature golf course.
(f) Greenhouse, noncommercial only.
(g) Reserved for future use.
(h) Household pets.
(i) Parking lot accessory to uses permitted in this zone.
(j) Public building, public park, public recreation grounds and
associated buildings.
(k) Single-family dwelling.
(l) Temporary building and use incidental to construction work.
Such building shall be removed upon the completion or abandonment of
the construction work.
19-18-3. Conditional Uses. The following uses shall be permitted only
when authorized by a conditional use permit as provided in Chapter 7 of
this Title.
(a) Cemetery with customary incidental uses including but not
limited to mortuary, mausoleum, crematory, staff housing, service
shops, and chapel.
(b) Private park, playground or recreation area, but not
including privately owned commercial amusement business.
(c) Public utility substation or water storage reservoir
developed by a public agency.
(d) Home occupation.
(e) Single rental unit located within, underneath, or above the
primary single family dwelling unit.
Any conditionally permitted
rental unit shall be incidental to the primary residential use and
shall meet the following minimum standards:
(1) The square footage of the rental unit shall not exceed
fifty percent (50%) of the overall square footage of the dwelling
structure;
(2) The rental unit shall be designed with a secondary
entrance in a manner that the primary dwelling appears visually
and functionally as if it were a single family dwelling without a
rental unit;
(3) The rental unit shall have its own off-street parking
provided on the primary dwelling premises.
19-18-4. Site Development Standards.
Minimum lot area
One family dwelling
8,000 square feet
One family dwelling
10,000 square feet
with rental unit
Minimum lot width
One family dwelling
Seventy feet (70’)
One family dwelling
Eighty feet (80’)
with rental unit
Minimum yard setbacks
Front
Twenty-five feet (25’) except
average of existing dwellings
where fifty percent (50%) frontage
is developed but not less than
twenty feet (20’)
Side
Main building
Eight feet (8’) with total width
of two (2) side yards of not less
than eighteen feet (18’), and
twenty feet (20’) each side for
other main buildings
Accessory building
Eight feet (8’), except one foot
(1’) if located at least six feet
(6’) in rear of main building, but
not closer than nine feet (9’) to
dwelling on adjacent lot
Zero side yards
In accordance with Section
19-3-4(i) of this Title
Side, facing street
Twenty feet (20’), except average
where
fifty
percent
(50%)
on
corner frontage is developed, but
not less than fifteen feet (15’).
Rear
Main building
Thirty feet (30’)
Accessory building
When the accessory building is
attached to the main building, in
any manner whatsoever, then the
minimum rear setback is twenty
feet (20’) from the property line.
When an accessory building is
detached from the main building,
and the accessory building is
located at least six feet (6’)
behind the main building, then the
rear setback for the accessory
building may be no less than one
foot (1’) from the property line.
Building height
Minimum
Maximum
One (1) story
Two and one-half (2-1/2) stories
or thirty-five feet (35’)
(Ordinance No. 525, Adopted September 3, 1997.)
19-18-5.
following
set forth
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Sign Regulations.
The height, size, and location of the
permitted signs shall be in accordance with the regulations
in Chapter 6 of this Title.
Development.
Directional.
Flat.
Free Standing.
Identification and Information.
Nameplate.
Temporary.
Chapter 19 - Multiple-Family Residential Zone. (R-3)
19-19-1
19-19-2
19-19-3
19-19-4
19-19-5
Purpose and Intent
Permitted Uses
Conditional Uses
Site Development Standards
Sign Regulations
19-19-1. Purpose and Intent.
The purpose of the R-3 zone
classification is to provide residential areas that will accommodate
the
development
of
dwelling
types
from
single-family
through
multiple-family units with their associated necessary public services
and activities. It is also to provide an orderly transition from less
intensive, lower density uses to more intensive, higher density uses.
19-19-2. Permitted Uses.
(a) Accessory building and use customarily incidental to any
permitted use.
(b) Agricultural.
(c) Bachelor and/or bachelorette dwelling with 24 or less
dwelling units.
(d) Church, synagogue, or similar permanent building used for
regular religious worship.
(e) Educational institution.
(f) Golf course, except miniature golf course.
(g) Greenhouse, noncommercial only.
(h) Group dwelling with 24 or less dwelling units in accordance
with Chapter 10 of this Title.
(i) Reserved for future use.
(j) Household pets.
(k) Library or museum, public or nonprofit.
(l) Multiple family dwelling with 24 or less dwelling units.
(m) Parking lot accessory to uses permitted in this zone.
(n) Planned Residential Unit Development, in accordance with
Chapter 8 of this Title.
(o) Public building, public park, public recreation grounds and
associated buildings.
(p) Single-family dwelling.
(q) Temporary building for use incidental to construction work.
Such building shall be removed upon the completion or abandonment of
the construction work.
(r) Two-family dwelling.
19-19-3. Conditional Uses. The following uses shall be permitted only
when authorized by a conditional use permit as provided in Chapter 7 of
this Title.
(a) Bachelor and/or bachelorette dwelling with 25 or more
dwelling units.
(b) Cemetery with customary incidental uses including but not
limited to mortuary, mausoleum, crematory, staff housing, service shops
and chapel.
(c) Group dwellings with 25 or more dwelling units in accordance
with Chapter 10 of this Title.
(d) Multiple-family dwelling with 25 or more dwelling units.
(e) Nursing home.
(f) Private park, playground, or recreation area, but not
including privately owned commercial amusement business.
(g) Public utility substation or water storage reservoir
developed by a public agency.
(h) Home occupation.
19-19-4. Site Development Standards.
Minimum lot area
One building dwelling
Single family
6,000 square
Two family
7,500 square feet
Multiple family
7,500 square feet plus 2,000
square feet for each dwelling in
excess of two.
Bachelor or bachelorette
Same as above plus 1,000 square
feet for each occupant in excess
of four (4) in each dwelling unit.
Group dwelling
7,500
square
feet
for
each
building plus 2,000 square feet
for each dwelling unit in excess
of two in each building; bachelor
or bachelorette same as above plus
1,000
square
feet
for
each
occupant in excess of four (4) in
each dwelling unit.
Other main building
7,500 square feet for nursing home
and additional 750 square feet for
each guest or patient
accommodations in excess of four
(4).
Sixty feet (60’)
Minimum lot width
Minimum yard setbacks
Front
Twenty-five feet (25’), except
average of existing dwellings
where fifty percent (50%) frontage
is developed, but not less than
twenty feet (20’).
Side
Main building
One building dwelling
Eight feet (8’) with total width
and group dwelling
of two (2) required yards of not
less than eighteen feet (18’) plus
one foot (1’) each side for each
one foot (1’) main building is
over thirty-five feet (35’) high.
Other main building
Twenty feet (20’) each side plus
one foot (1’) each side for each
one foot (1’) building is over
Accessory building
Zero side yard
Side facing street on corner lot
Rear
Main building
Accessory building
Building height
Minimum
Maximum
Nursing home
Other buildings
Lot coverage
Open green space
Special regulations
19-19-5.
following
(a)
(b)
(c)
(d)
(e)
(f)
(g)
thirty-five feet (35’) high.
Eight feet (8’), except one foot
(1’) if located at least six feet
(6’) from rear of main building,
but not closer than eight feet
(8’) to dwelling on adjacent lot.
In accordance with Section
19-3-4(I)of this Title.
Twenty feet (20’), except average
where fifty percent (50%) frontage
is developed, but not less than
fifteen feet (15’).
Thirty feet (30’)
One foot (1’) except eight feet
(8’) where an accessory building
located on a corner lot rears on
side yards of adjacent lots.
One (1) story
Two and one-half (2-1/2) stories
or thirty-five feet (35’)
None
No building or group of buildings
with their accessory buildings
shall cover more than forty
percent (40%) of the lot area.
At least forty percent (40%)
In no case shall the ratio of
total floor area in the building
to the total lot area exceed one
to one (1:1).
Sign Regulations.
The height, size and location of the
permitted signs shall be in Chapter 6 of this Title.
Development.
Directional.
Flat.
Free Standing.
Identification and Information.
Nameplate.
Temporary.
Chapter 20 - Multiple-Family Residential Zone (R-4)
19-20-1
19-20-2
19-20-3
19-20-4
19-20-5
Purpose and Intent
Permitted Uses
Conditional Uses
Site Development Standards
Sign Regulations
19-20-1. Purpose and Intent.
The purpose of the R-4 zone is to
provide higher density residential areas with their associated
necessary public services and activities.
It is also to provide an
orderly transition from less intensive, lower density uses to more
intensive, higher density uses.
19-20-2. Permitted Uses.
(a) Accessory building and use customarily incidental to any
permitted use.
(b) Agriculture.
(c) Bachelor and/or bachelorette dwelling with 24 or less
dwelling units.
(d) Boarding and lodging house.
(e) Church, synagogue or similar permanent building used for
regular religious worship.
(f) College or university.
(g) Educational institution.
(h) Golf course, except miniature golf course.
(i) Greenhouse, noncommercial only.
(j) Group dwellings with 24 or less dwelling units in accordance
with Chapter 10 of this Title.
(k) Reserved for future use.
(l) Household pets.
(m) Library, museum, public or nonprofit.
(n) Multiple-family dwelling with 24 or less dwelling units.
(o) Parking lots accessory to uses permitted in this zone.
(p) Planned Residential Unit Development in accordance with
Chapter 8 of this Title.
(q) Public building, public park, public recreation grounds, and
associated buildings.
(r) Single-family dwellings.
(s) Temporary building for use incidental to construction work.
Such building shall be removed upon completion or abandonment of the
construction work.
(t) Two-family dwelling.
19-20-3. Conditional Uses. The following uses shall be permitted only
when authorized by a conditional use permit as provided in Chapter 7 of
this Title.
(a) Bachelor and/or bachelorette dwelling with 25 or more
dwelling units.
(b) Cemetery with customary incidental uses including, but not
limited to, mortuary, mausoleum, crematory, staff housing, service
shops, and chapel.
(c) Day care center.
(d) Fraternal and beneficial societies, orders and social clubs
of nonprofit nature.
(e) Fraternity or sorority house.
(f) Group dwelling with 25 or more dwelling units in accordance
with Chapter 10 of this Title.
(g) Hospital, sanitarium, clinic.
(h) Multiple-family dwelling with 25 or more dwelling units.
(i) Nursing home, nursery for children.
(j) Private park, playground or recreation area, but not
including privately owned commercial amusement business.
(k) Professional and business offices in which goods or
merchandise are not commercially created, exchanged or sold.
(l) Public utility substation.
(m) Studio for professional work, teaching, performances, or
exhibitions of the fine arts, provided that such performances or
exhibitions are limited to the work product of the studio involved.
(n) Wedding chapel, provided that light refreshment only shall be
served and the service or consumption of food or refreshment shall be
strictly incidental to the principal use.
(o) Home occupation.
19-20-4. Site Development Standards.
Minimum lot area
One building dwelling
Single family
6,000 square feet plus 1,500
square feet for each additional
dwelling unit; for bachelor and
bachelorette dwelling same as
above plus 1,000 square feet for
each occupant in excess of four
(4) in each unit.
Group dwelling
6,000 square feet for first
building plus 2,000 square feet
for each additional building plus
1,500 square feet for each
building; for bachelor and
bachelorette dwelling, same as
above plus 1,000 square feet for
each occupant in excess of four
(4) in each unit.
Other main building
7,500 square feet for nursing
home, an additional 500 square
feet for each guest or patient in
excess of four (4); and 20,000
square feet for hospital,
fraternal or beneficial society,
or wedding chapel.
Sixty feet (60’)
Minimum lot width
Minimum yard setbacks
Front
Twenty feet (20’) except average
of existing dwellings where fifty
percent (50%) is developed but not
less than fifteen feet (15’).
Side
For any dwelling, nursery
school, office, clinic,
fraternity, sorority, boarding
house, or lodging house
Accessory building
Zero side yard
Side facing street on corner lot
Rear
Main building
Accessory building
Building Height
Minimum
Maximum
Lot Coverage
Open green space
Special regulation
19-20-5.
following
set forth
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Six feet (6’) with total of two
(2) side yards not less than
sixteen feet (16’), plus one foot
(1’) each side for each one foot
(1’) any main building is over
thirty-five feet (35’) high.
Eight feet (8’) except one foot
(1’) if located at least six feet
(6’) from rear of main building,
but not closer than eight feet
(8’) to dwelling on adjacent lot.
In accordance with Section
19-3-4(i) of this Title.
Fifteen feet (15’) except average
where fifty percent (50%) frontage
is developed but not less than ten
feet (10’)
Thirty feet (30’)
One foot (1’) except six feet (6’)
where an accessory building
located on a corner lot rears on
side yards of adjacent lots.
One (1) story
None
No building or group of buildings
with their accessory building
shall cover more than fifty
percent (50%) of the lot area.
At least thirty percent (30%) of
the lot area.
In no case shall the ratio of the
total floor area in the building
to the total lot area exceed two
to one (2:1).
Sign Regulations.
The height, size, and location of the
permitted signs shall be in accordance with the regulations
in Chapter 6 of this Title.
Development.
Directional.
Flat.
Free Standing.
Identification and Information.
Nameplate.
Temporary.
Wall.
Chapter 21 - Multiple-Family Residential Zone. (R-5
19-21-1
19-21-2
19-21-3
19-21-4
19-21-5
Purpose and Intent
Permitted Uses
Conditional Uses
Site Development Standards
Sign Regulations
19-21-1. Purpose and Intent.
The purpose of the R-5 zone
classification is to permit development of high density residential
areas with their associated necessary public services and activities.
19-21-2. Permitted Uses.
(a) Accessory building and use customarily incidental to any
permitted use.
(b) Agriculture.
(c) Bachelor and/or bachelorette dwelling with 49 or less
dwelling units.
(d) Boarding and lodging house.
(e) Church, synagogue or similar permanent building used for
regular religious worship.
(f) College or university.
(g) Day care center.
(h) Educational institution.
(i) Fraternal and beneficial societies, orders and social clubs.
(j) Golf course, except miniature golf course.
(k) Greenhouse, noncommercial only.
(l) Group dwellings with 49 or less dwelling units in accordance
with Chapter 10 of this Title.
(m) Reserved for future use.
(n) Household pets.
(o) Library, museum, public or nonprofit.
(p) Multiple-family dwelling with 49 or less dwelling units.
(q) Parking lots accessory to uses permitted in this zone.
(r) Planned Residential Unit Development in accordance with
Chapter 8 of this Title.
(s) Photo Studio.
(t) Private park, playground and recreation area but not
including privately owned commercial amusement business.
(u) Professional and business offices in which goods or
merchandise are not commercially created, exchanged or sold.
(v) Public building, public park, public recreation grounds, and
associated buildings.
(w) Single-family dwellings.
(x) Studio for professional work, teaching, performances or
exhibitions of the fine arts, provided that such performances or
exhibitions are limited to the work product of the studio involved.
(y) Temporary building for use incidental to construction work.
Such building shall be removed upon completion or abandonment of the
construction work.
(z) Two-family dwelling.
(aa) Wedding chapel provided that light refreshments only shall be
served and the service or consumption of food or refreshments shall be
directly incidental to the principal use.
19-21-3. Conditional Uses. The following uses shall be permitted only
when authorized by a conditional use permit as provided in Chapter 7 of
this Title.
(a) Ambulance substation.
(Ordinance No. 244, Adopted January
11, 1980).
(b) Apartment hotels.
(c) Bachelor or bachelorette dwelling with 50 or more dwelling
units.
(d) Cemetery with customary incidental uses including but not
limited to mortuary, mausoleum, crematory, staff housing, service shops
and chapel.
(e) Fraternity and sorority house.
(f) Group dwelling with 50 or more dwelling units in accordance
with Chapter 10 of this Title.
(g) Hospital, sanitarium, clinic, including clinic for household
pets for out-patient treatment only.
(h) Laboratories.
(i) Multiple-family dwelling with 50 or more dwelling units.
(j) Nursing home, nursery for children.
(k) Public utility substation.
(l) Home occupation.
19-21-4. Site Development Standards.
Minimum lot area
One building dwelling
Single family
5,000 square feet plus 750 square
feet for each additional dwelling.
Bachelor or bachelorette
Same as above plus 1,000 square
feet for each occupant in excess
of four (4) in each dwelling unit.
Group dwelling
Multiple family
5,000 square feet for first
building plus 2,000 square feet
for each additional building plus
750 square feet for each dwelling
in excess of one in each building.
Bachelor or Bachelorette
Same as above plus 1,000 square
feet for each occupant in excess
of four (4) in each dwelling unit.
Other main building
Nursing home
7,500 square feet plus 500 square
feet for each guest or patient in
excess of four (4).
Hospital, fraternal or
20,000 square feet
beneficial society, mortuary,
or wedding chapel
Minimum lot width
Minimum yard setbacks
Front
Side
Any dwelling, nursery school,
office, clinic, fraternity,
sorority, boarding house, or
lodging house
Other main building
Accessory building
Zero side yards
Side facing street on corner lot
Rear
Main building
Accessory building
Building height
Minimum
Maximum
Lot coverage
Open green space
Special regulations
Fifty feet (50’)
Twenty feet (20’) except average
of existing dwelling where fifty
percent (50%) frontage is
developed but not less than
fifteen feet (15’)
Six feet (6’) with total of two
(2) side yards not less than
sixteen feet (16’), plus one foot
(1’) each side for each two feet
(2’) the main building is over
thirty-five feet (35’) high.
Twenty feet (20’) each side, plus
one foot (1’) each side for each
two feet (2’) main building is
over thirty-five feet (35’) high.
Eight feet (8’) except one foot
(1’) if located at least six feet
(6’) from rear of main building,
but not closer than eight feet
(8’) to dwelling on adjacent lot.
In accordance with Section
19-3-4(i) of this Title
Fifteen feet (15’) except average
when fifty percent (50%) frontage
is developed but not less than ten
feet (10’).
Thirty feet (30’)
One foot (1’) except six feet (6’)
where an accessory building
located on a corner lot rears on
side yards of adjacent lots.
One (1) story
None
No building or group of buildings
with their accessory building
shall cover more than sixty
percent (60%) of the lot area.
At least twenty percent (20%) of
the lot area.
In no case shall the ratio of
floor area in the main building to
total lot area exceed three to one
(3:1).
19-21-5. Sign Regulations.
The height, sizes, and location of the
following permitted signs shall be in accordance with the regulations
set forth in Chapter 6 of this Title.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Development.
Directional.
Flat.
Free Standing.
Identification and Information.
Nameplate.
Temporary.
Wall.
Chapter 22 - Mobile Home (Manufactured Home/Recreation Coach) Park
Zone, (RMH-1)
19-22-1
19-22-2
19-22-3
19-22-4
19-22-5
19-22-6
19-22-7
19-22-8
19-22-9
19-22-10
19-22-11
19-22-12
19-22-13
19-22-14
19-22-15
19-22-16
19-22-17
19-22-18
Purpose and Intent
Permitted Uses
Definition of Park
Area Regulations
Width Regulations
Height Regulations
Sign Regulations
Park Permit and Application to Construct or Improve
Park Permit Fee
Planning Commission Action
Building Permits
Certificate of Occupancy
License Requirements and Application
General Requirements
Special Limitation and Provisions
Sanitation Requirements
Location and General Layout of Park
Electric Service, Wiring, Fuel and Fire Protection
19-22-1. Purpose and Intent.
The purpose of the Rmh-1 zone is to
provide appropriate areas for suitable development of mobile home
(manufactured home/recreation coach) parks. It is also to insure that
such facilities receive adequate services and blend harmoniously with
surrounding residential neighborhoods. For purposes of this Chapter,
manufactured home and/or recreation coach shall be referred to
collectively as “mobile home.”
19-22-2. Permitted Uses.
(a) Accessory building and use customarily incidental to any
permitted use, including single family dwelling permanent structures
for resident manager.
(b) Reserved for future use.
(c) Household pets.
(d) Mobile home park provided such park meets the requirements
and standards prescribed by this Chapter.
(e) Temporary building for use incidental to construction work.
Such building shall be removed upon completion or abandonment of the
construction work.
19-22-3. Definition of Park.
As used in this chapter, the word
"park", shall refer to manufactured home/recreation coach park and
shall be referred to herein collectively as mobile home park.
19-22-4. Area Regulations.
(5) acres.
The minimum area for a park shall be five
19-22-5. Width Regulations. The minimum width for a mobile home park
shall be three hundred feet (300’).
19-22-6. Height Regulations.
The maximum height of any structure
within a park shall be two stories or thirty feet (30’).
19-22-7.
following
set forth
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Sign Regulations.
The height, size, and location of the
permitted signs shall be in accordance with the regulations
in Chapter 6 of this Title.
Development.
Directional.
Flat.
Free Standing.
Identification and Information.
Name Plate.
Temporary.
Wall.
19-22-8. Park Permit and Application to Construct or Improve.
(a) It is unlawful for any person to construct, enlarge, alter,
improve or convert any park or to improve any lands for use as a park,
or to cause the same to be done, unless such person holds a valid
permit issued for the performance of such work by the Building and
Zoning Official.
(b) The procedures prescribed by the Uniform Building Code,
Uniform Plumbing Code, Uniform Mechanical Code, National Electrical
Code and Manufactured Home Installations Standards as adopted by
Riverdale and as amended, insofar as applicable and appropriate, are
applicable to and shall be followed in applying for permits for the
construction, alteration, enlargement, improvement, etc., of parks
except as specifically otherwise provided.
(c) Upon receipt of an application for approval to establish or
enlarge a park, the Planning Commission shall make the necessary
investigation, review and inspection of the application, site plan,
site and proposed facilities to determine whether the establishment or
enlargement of the park will meet the requirements of this Title.
(1) Before an application for a park permit can be filed,
plans and specifications shall be submitted to the Building
Inspector.
Eight (8) black and white blueprint plans of the
proposed park shall be filed with the application on paper not
smaller than 17" x 22" and a scale not smaller than 1" = 100', and
shall include the following:
(A) Name, address, and telephone number of the owner
and of the operator.
(B) Location and legal description of the park.
(C) Northpoint, scale and date of drawing.
(D) Acreage of the proposed park.
(E) Accurate finished contours of land at intervals of
not more than two (2) feet, and the approximate location of
all areas subject to flood water overflow or inundation and
the location, width, and direction of flow of all water
courses.
(F) Location of all existing public streets within 200
feet of the proposed park.
(G) Number, size, location, and type of all mobile
home or recreational coach spaces.
(viii)Location,
size,
and
specifications
for
construction of roadways and walkways.
(H) Plans
and
specifications
of
all
buildings,
improvements, and facilities to be constructed within the
park.
(I) Locations, sizes and elevation drawing of all
signs.
(J) Location and size of all public utility lines
within the park.
(K) Landscaping plan and plant list.
(L)Location and method of enclosing rubbish and garbage
disposal areas.
(M) Location
and
common
storage
area(s)
for
recreational vehicles and guest parking.
(N) Location of car slab, cabana, landscaping, etc.,
for one typical mobile home or recreational coach space,
scale 1/4"= 1'0".
(O) Drainage plan of park showing method of carrying
surface drainage to an adequate point of disposition.
(P)Such further information as required by this Chapter
or that may be required by the Riverdale Planning Commission
to enable it to determine if the proposed park will comply
with legal requirements.
(2) The Planning Commission shall transmit a copy of the
park plan to such agencies for review and comment as they
determine is appropriate.
19-22-9. Park Permit Fee.
A fee of $100.00 for a mobile home park
construction permit shall be paid to the City Treasurer at the time of
the filing of the application therefore.
The said fee shall be in
addition to all other building, electrical, plumbing, and other fees
required for work included in the construction.
19-22-10. Planning Commission Action.
The Planning Commission shall
review the application, maps, and plans of the proposed park. It shall
consider all appropriate reports together with the provisions of this
Title and shall approve, conditionally approve, or disapprove the
application as submitted.
(a) Reports.
City departments receiving the plans for review
shall transmit comments or recommendations to the Planning Commission
in writing within fourteen (14) days after receiving the plans.
(b) Report to the Owner or Operator.
After consideration and
action of the Planning Commission in accordance with the requirements
of this Title, the Building and Zoning Official shall notify the owner
or operator in writing of the action of the Planning Commission.
(c) Expiration of Approval. Approval of the Planning Commission
shall expire one (1) year after the date of approval if building
permits have not been issued and construction of the park has not been
commenced and pursued diligently.
The Planning Commission, however,
may grant an extension of up to six (6) months under exceptional
circumstances, as determined by the Planning Commission. Application
for extension shall be made in writing not less than thirty (30) days
prior to the expiration of the original approval.
(d) Site, Space and General Layout. It is unlawful to establish,
build, or construct any park except on a well-drained site so located
that drainage therefrom will not endanger any public culinary or
domestic water supply.
It is unlawful to establish, construct, or
build any park, except in an area free from marshes, swamps, and other
potential breeding places for insects or rodents.
(e) Operator's Responsibility to Maintain an Orderly Place. The
operator of any park is hereby required to maintain order on the
premises and shall conduct his business in an orderly and wholesome
manner, and he shall not permit nuisances to be created or continued.
(f) Miscellaneous Laws, Ordinances and Regulations. In addition
to the requirements as set forth in this Chapter, all uses shall be
established and constructed in compliance with all existing state and
local statutes, ordinances, codes, and regulations including the Rules
and Regulations of the County Health Department and/or State Department
of Health, Local, County and State law enforcement agencies and Fire
Department.
(g) Compliances. Mobile homes which are parked in a mobile home
park prior to April 20, 1993, may remain there even though they do not
meet the spacing requirements of Subsection 19-22-17(f).
All mobile
homes moved into a park after April 20, 1993, must comply with all of
the provisions of this ordinance, including the spacing requirements
for attachments to mobile homes such as patio covers, decks, and
carports.
(1) When a mobile home which does not conform to the
spacing requirements of Subsection 19-22-17(f), but which is
allowed to stay in the park in accordance with Subsection (g)
above, is moved, damaged, or destroyed by fire, flood, wind,
earthquake, or other calamity or act of God, or the public enemy,
the owner of said mobile home may, within one (1) year from the
date of said move or destruction of the mobile, repair or replace
that mobile home with a mobile home equal to or smaller in size
than that mobile home without being subject to the spacing
requirements of Subsection 19-22-17(f). The owner of the mobile
home park shall insure that all other mobile homes moved into the
mobile home park after the date of this ordinance shall comply
with all of the requirements of this Chapter, including Subsection
19-22-17(f).
(2) If physical limitations in the mobile home park are
such that it is not reasonably possible to comply with all of the
provisions of this Chapter, including Subsection 19-22-17(f), the
mobile home park owner may apply to the Board of Adjustments for a
variance.
(3) Within 30 days of the effective date of this ordinance,
each mobile home park owner is hereby required to furnish to the
Riverdale City Building and Zoning Official a park layout which
clearly shows for each space the size of the mobile home in that
space, the distance between each mobile home including any
attachments to the mobile home such as a patio cover, deck,
carport, etc. and the adjacent mobile homes or park boundary or
roadway. This park layout map must be updated annually. Failure
to comply with this Subsection is an Infraction and shall be
punished as provided by law.
(h) Enclosure of a Mobile Home Park. A wall or fence not less
than four (4) feet nor more than six (6) feet in height, or a uniformly
maintained compact evergreen hedge, shall be erected and maintained
along the boundaries of a mobile home park. The wall or fence shall be
of wood, concrete, brick, or other masonry construction, or may be of
chain link metal construction, provided an evergreen hedge is also
planted.
Where, in the opinion of the Planning Commission, it is
unreasonable to require the construction of a fence, wall, or hedge,
the Commission may waive or modify the requirements as specified in
this paragraph. The provisions of Section 19-22-8 (c) (iii), (iv), and
(2) shall also be applied.
No such wall, opaque fence, or planting
shall be placed so as to create a traffic hazard. No obstruction to
view in excess of two (2) feet in height shall be placed on any street
corner.
(i) The mobile home park manager or operator is responsible for
applying for a permit for each mobile home moved into the park or any
alteration of existing mobile home or space. It is unlawful for the
mobile home park manager or operator to allow a mobile home to be moved
into the park without said permit or to allow any alteration of an
existing mobile home or space without a permit.
19-22-11. Building Permits.
(a) The Building and Zoning Official shall not issue any land use
or building permit prior to the approval of the final site development
plan by the Planning Commission and City Council.
(b) Any person, firm or corporation whose application for a
permit under the provisions of this Section has been denied by the
Building and Zoning Official may have said denial reviewed by the City
Council upon filing with the Official a written request therefore,
within ten days after notice of such denial.
Such written request
shall specify the grounds on which the applicant relies for a reversal
of the Official's denial of the permit. The City Council may from time
to time establish, promulgate, alter, and amend administrative rules
and regulations providing the procedure for the conduct upon the
hearing of such review.
(c) It is unlawful for any person to do any construction,
alteration, repair, improvement, or enlargement of any park or any
structure thereon for which a permit is required which varies from the
approved plans and specifications submitted with the application for
such permit.
19-22-12. Certificate of Occupancy. The Building Inspector shall issue
a certificate of occupancy upon the successful completion of the park
and prior to the issuance of a Riverdale City Business License.
19-22-13. License Requirements and Application.
(a) It shall be unlawful for any person, firm, or corporation to
operate, maintain or offer for use any park without first making
application to the License Assessor and obtaining a license to do so.
(b) No new application for a license shall be considered until
the plans for such use shall have first been approved by the Planning
Commission and City Council, and certificate of occupancy has been
issued as required by this Chapter, and no license shall be issued
until such approval has been obtained. Any license issued without such
approval shall be null and void. Each applicant, in making application
for license, shall specify the exact number of mobile home and
recreational vehicle spaces which shall be offered for use.
Any
enlargements, increase in capacity, or modification of an existing use
shall be construed to be a new application for the purpose of this
Chapter, and no existing license shall be modified and no building
permit for such enlargement, increase in capacity or modification shall
be issued until the application for the same shall be approved by the
Planning Commission.
19-22-14. General Requirements.
(a) It shall be the duty of the operator and/or caretaker to call
to the attention of the proper law enforcement officers any violation
or suspected violation of all laws, ordinances, and regulations
relating to fire, safety and health.
(b) Every licensee of a park shall keep a register of all tenants
of such premises and that register shall be available at all times and
for one (1) year after the tenant leaves the park for inspection by any
authorized person of the City of Riverdale.
Such register shall
contain: (a) name and address of each tenant; (b) space to which
assigned; and (c) mobile home or recreational vehicle license number
and manufacturer's name, if any.
(c) Each current license issued in connection with uses stated
herein shall be displayed in some public place on the premises to which
it is applicable.
(d) The premises and appurtenant facilities of any park shall be
open to inspection by the Building and Zoning Official at all times.
19-22-15. Special Limitation and Provisions.
(a) No commercial business shall be conducted within the park,
except that a conditional use home occupation may be allowed after
approval by the Planning Commission.
(b) The minimum number of spaces for which a permit may be issued
shall be ten (10).
(c) Any portion of or appendage of any habitation, shelter, or
storage facility as permitted herein shall be in compliance with all
City ordinances.
(d) Household pets shall be permitted subject to any other
ordinance regulating the licensing of same.
(e) No mobile home shall be occupied or permitted to be occupied
on any property except one which is located in a park as permitted
herein. Permanent habitation of a mobile home or the placement of a
mobile home on a permanent foundation shall not be construed to
classify such living quarters as a dwelling and shall not exempt it
from any requirements pertaining to any mobile home as provided for
herein.
(f) It shall be unlawful to allow any mobile home to occupy space
within a park which has not been developed as a mobile home space with
all required facilities.
(g) No building or structure shall be erected, altered, used or
occupied in connection with the use of a mobile home, on any mobile
home space, except as follows:
(1) The following shall be permitted provided that such
space has sufficient area and width to provide the yard space
between such facilities and other mobile homes as required in
Section 19-22-17(f):
(a) Awnings or patio covers, whether permanent or
temporary, shall not be closer than six (6) feet from
adjacent mobile home or awning, deck, or porch of adjacent
mobile home.
(b) Cabana or other enclosed add-on space, open
canopy, roof, awning, and covered patio.
(c) One private storage building not exceeding one
hundred (100) square feet in total floor area.
(2) Mobile homes must be tied down per state requirements
and
flood
plain
ordinance
requirements
as
specified
in
19-30-5(a)(1), National Conference of States on Building Codes and
Standards (NCSBCS), and American National Standards Institute
(ANSI) 225.1, Manufactured Home Installations, 1987. All mobile
homes must be skirted.
19-22-16. Sanitation Requirements.
(a) All state, county, and local health regulations apply to
parks and it shall be the responsibility of the operator of any park to
notify health officials of any violation of health regulations.
(b) Refuse shall be collected, stored and disposed of in
accordance with the following requirements:
(1) The storage, collection, and disposal of refuse shall
be so managed as to create no health hazards, rodent harborage,
insect breeding area, accident hazards, or air pollution.
(2) All garbage shall be collected at least once each week.
The operator shall arrange for all refuse to be collected and
transported to a public disposal area in covered vehicles or
covered containers.
(c) All mobile homes are required to connect with public sewer
facilities. Each mobile home and recreational vehicle space shall have
a trapped sewer inlet to receive all wastes.
(d) A supply of water, safe for human consumption, shall be
provided under pressure and in quantities to meet all requirements for
the maximum number of persons which may reside on the premises at any
time. Water supply must come from an approved public water system.
19-22-17. Location and General Layout of Park.
(a) The site of any park shall be graded and/or filled and
maintained so as to prevent the accumulation of storm or waste water of
any kind and no such use shall be permitted in low swampy places where
the ground water causes the surface soil to become wet.
The earth
shall be sloped away from all patios, mobile home stands, buildings and
water supply wells to assure immediate drainage and diversion of
surface water away from these facilities.
(b) Adequate access roads shall be provided to prevent public
safety hazards.
Hard surface roads at least twenty (20) feet wide
shall be provided to serve each space and common parking areas. Each
such access road shall be unobstructed and shall connect directly to a
major public street or a collector traffic street.
Direct vehicular
access to space shall be limited to the access road or roads provided.
Where any access road connects to two (2) or more public streets, it
shall be arranged so as to control through traffic.
(c) Hard-surfaced parking spaces shall be provided for the
parking of motor vehicles in the ratio of at least two (2) parking
spaces to each mobile home space.
(d) There shall be provided for each mobile home space a minimum
of 200 square feet of hard surfaced storage space in a common area for
the storing of recreational vehicles and/or parking for guests.
(e) Playground and park area shall be provided for each mobile
home park having ten (10) or more units and shall be restricted to and
maintained for such use.
These areas shall be protected from the
public street and from parking areas.
A minimum usable area of two
thousand (2000) square feet shall be set aside and developed for each
mobile home park having at least ten (10) units and one hundred (100)
square feet additional for each additional unit up to and including an
additional ten (10) units and fifty (50) square feet additional for
each unit above twenty (20) units.
(f) Each mobile home space shall meet the following requirements:
(1) That portion of the stand designed for the location of
the mobile home shall be hard surfaced with a concrete slab or
concrete blocking squares to carry the weight of the mobile home.
That portion of the stand designed for the location of cabana or
other add-on enclosed space and patio as permitted shall be
similarly hard surfaced with concrete, brick, block, or similar
material over the overall area in addition to an appropriate and
adequate foundation or support for such structures.
(2) Space between each mobile home, cabana, or other add-on
space shall be provided as follows: (Where there is more than one
(1) requirement, the more restrictive shall apply.)
(A) From a mobile home to the mobile home on the
opposite side of the access road: forty (40) feet minimum.
(B) Between a mobile home and a common parking area,
or access road: ten (10) feet minimum.
(C) Between a mobile home and a public street: thirty
(30) feet.
(D) Between the side of any mobile home and the
boundary of a mobile home park:
fifteen (15) feet and
fencing is required.
(E) Yard space between the end of a mobile home and
the boundary line: fifteen (15) feet minimum. Where due to
the shape of the mobile home space it is desirable to locate
the mobile home closer to the boundary line, the Planning
Commission may authorize a reduction to allow the corner or
end of a mobile home to be not less than five (5) feet from
the park boundary.
(F) Mobile homes shall be located so that they are
spaced not less than fifteen (15) feet apart from side to
side the entire length of the mobile home. Carport covers,
patio covers, decks, and awnings shall be not less than six
(6) feet to any adjacent carport cover, deck, awning, patio
cover, or mobile home. This 6 foot area runs parallel from
front to rear of mobile home or recreational vehicle. Mobile
homes must be not less than ten (10) feet apart from end to
end.
(g) The park layout shall meet the following requirements:
(1) All access roads shall be retained as private roads on
the property. The gradient of any road providing access either to
the park or to an individual space shall be not more than eight
(8) percent.
(2) The location of management office building shall be in
accordance with the zoning ordinance regulating the location of
main buildings; service buildings, if detached, shall also be
located as required for accessory buildings. Service facilities
may be provided as a part of the main building if desired.
19-22-18. Electric Service, Wiring, Fuel and Fire Protection.
(a) All electrical wiring shall be installed to conform with the
requirements of the current edition of the National Electrical Code.
An electrical outlet supplying at least 110 volts shall be provided for
each space. Such electrical outlets shall be weatherproof. No person
shall make an electrical connection for any mobile home or recreational
vehicle without obtaining a permit and the approval of the Building and
Zoning Official, except that previously approved electrical connection
systems may be employed without obtaining such permit.
(b) Bulk storage of gasoline or other fuel shall be done only in
compliance with the requirements of the National Board of Fire
Underwriters and in accordance with the City Fire Prevention Code. All
above ground storage facilities shall be enclosed and screened from
view by the use of ornamental fences, walls, or hedges.
Liquefied
petroleum gas for cooking purposes shall not be used at individual
mobile home spaces unless the containers are properly connected by
copper or other suitable metallic tubing.
Liquefied petroleum gas
cylinders shall be securely fastened in place, and shall be adequately
protected from the weather. No cylinder containing liquefied petroleum
gas shall be located in a mobile home, nor within five (5) feet of a
door thereof. Cooking and heating stoves shall be of a type approved
by the Fire Underwriter's Laboratory.
(c) All mobile home parks shall be subject to the rules and
regulations of the Riverdale Fire Department and in accordance with the
Uniform Fire Code and applicable Standards.
(Ordinance No. 533, Adopted February 18, 1998)
Chapter 23 - Commercial Zones
19-23-1
19-23-2
19-23-2.1
19-23-3
19-23-4
19-23-5
19-23-6
Purpose and Intent
Site Development Standards
Non-Residential Development Landscape Requirements
Sign Regulations
Special Regulations
Uses
Site Plan Approval Required
19-23-1. Purpose and Intent.
The purpose of the C-1 Neighborhood
Commercial, C-2 Community Commercial, and C-3 Regional Commercial Zone
is to provide suitable areas for the location of the various types of
commercial activity needed to serve the people and commerce of the
City. It is also to separate into three zones, uses based upon type of
activity which are compatible and complementary, as well as intensity
of land utilization and accessory use needs.
19-23-2.
Site Development Standards.
C-1
C-2
C-3
none
Minimum lot area
none
Minimum lot
width
Minimum yard
setbacks
Front
Fifty feet (50’)
Side
None except twenty feet (20’) adjacent to residential
boundary.
Rear
None except twenty feet (20’) adjacent to residential
boundary.
Side facing
Twenty feet (20’)
street on
corner lot
Building height
Minimum
One (1) story
Maximum
Two and one-half
none
(2-1/2) stories
or thirty-five
feet (35’)
Not over forty-five percent (45%) of lot area by
Maximum lot
buildings or accessory buildings.
coverage
Same as provided in Section 19-20-4
Minimum lot area
requirements for
dwelling units
(Ordinance No. 564, Adopted April 28, 1999)
19-23-2.1.
Non-Residential Development Landscape Requirements.
All
new or refurbished development in any Commercial, Industrial, Utility,
and Manufacturing Zone shall satisfy all of the following minimum
landscape requirements, any other development standards or requirements
notwithstanding:
(a) Refurbished Existing Developments.
The refurbishing of any
existing development that, in any manner whatsoever, is expanding or
reducing a building footprint, shall provide new landscaping equal to
twenty percent (20%) of the new footprint of the expanded or reduced
development.
(1) Landscaping Requirements.
The landscaping requirement for
refurbished existing developments may be satisfied under the
conditions set forth below.
Options A and B are preferred over
Option C.
Option C shall only be permitted when Options A and B
cannot, in the determination of the Planning Commission, reasonably
be accomplished by the developer/owner:
(A) landscaping on-site or off-site within Riverdale City;
(B) other beautification efforts of equal value, i.e.,
planters, etc.;
(C) funds, equal in value to the required twenty percent (20%)
landscaping as determined in the landscaping plan, contributed to
allow Riverdale City to install landscaping elsewhere within the
City limits.
(2) Landscaping Plan.
The developer/owner shall submit to the
Planning Commission a landscape plan for the expansion or reduction
of the building / development. The Planning Commission shall direct
where and what type of landscaping, beautification, or funds shall
be allowed to satisfy this landscaping requirement.
(b) New Development.
Twenty percent (20%) of all lot area,
including parking areas, shall be landscaped. The twenty percent (20%)
requirement does not include non-buildable on-site areas and nonbuildable and parkstrip off-site areas.
The following requirements
shall be satisfied as part of any new development landscaping plan:
(1) Based on the size of the entire lot, a rough proportionality
of
exterior/interior
parking
area,
placement
of
decorative
landscaping shall be required. Said landscaping shall be subject to
the review of the Planning Commission in regards to design.
(2) Landscaping Screening shall be required for parking or
storage areas visible from any roadway. Said screening shall be in
the form of a gentle berm. Berms shall be graded to appear as
smooth, rounded, natural forms.
All planting areas shall be
protected to prevent damage by vehicles and vehicle overhang.
(3) No loading docks, dumpster areas, or service areas shall be
visible from any roadway or residence, or abut any residence or
residential area.
(4) All areas not used for parking, drives, or structures shall
be landscaped.
(5) A minimum of two inch (2) caliper trees shall be required as
part of all landscapes requirements.
There shall be a minimum of
one (1) tree per 5000 square feet of lot area, and not more than
thirty-three percent (33%) of all newly planted trees may be of the
same variety.
(6) Owners/developers shall enter into an escrow agreement with
the City wherein the owner/developer shall deposit sufficient funds
to ensure installation of the required landscape, which amount shall
include an additional fifteen percent (15%) of the total amount
required, which fifteen percent (15%) shall be applied in the event
of default by the owner/developer.
The escrow agreement shall
include a time certain for installation of the landscape by the
owner/developer. Upon default of the owner/developer of any of the
conditions of this Title, or the escrow agreement, the City shall
receive the escrowed funds and complete the required landscaping.
(7) Where any non-residential development abuts any residence or
residential area, there shall be a landscape strip with a minimum
width equal to that of the setback requirements for said area and
development. This shall be separate from, and not be included in,
the overall amount of landscape required for the specific area.
(8) The Planning Commission shall review the landscape site plan
following the certification of the correct landscape ratios by the
owner’s/developer’s engineer and after review of the certification
by the City staff. A Landscape Plan shall accompany, or be a part
of, the final site plan. The Planning Commission shall then forward
its recommendations to the City Council.
(9) It is the intent of this ordinance to promote water
conservation through proper plant selection, installation, and
maintenance practices.
The following xeriscape principles shall
serve as the primary means of achieving this goal:
(A) appropriate planning and design;
(B) limiting turf to locations where it provides functional
benefits;
(C) efficient irrigation systems;
(D) use of soil amendments and mulches to improve water
holding capacities;
(E) use of drought-tolerant plants; and
(F) appropriate and timely maintenance.
(10) The land owner, his successors and/or assigns, or agent, if
any, shall be jointly and severally liable for the installation,
regular maintenance, and repair or replacement of any landscaping
required by this chapter.
(Ordinance No. 542, Adopted July 15, 1998.)
19-23-3.
following
set forth
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
Sign Regulations.
The height, size, and location of the
permitted signs shall be in accordance with the regulations
in Chapter 6 of this Title:
Business.
Information and Identification.
Free Standing.
Development.
Animated.
Roof.
Flat.
Wall.
Off-Premise.
Marquee.
Projecting.
Temporary.
19-23-4. Special Regulations.
(a) Hereinafter specified Permitted and Conditional Uses shall be
allowed only when the following conditions are complied with:
(1) All manufacturing shall be done within a completely
enclosed building.
(2) All uses shall be free from objection because of odor,
dust, smoke, or noise.
(3) In
the
C-1
neighborhood
commercial
zone,
no
entertainment, except recorded music, shall be permitted in cafes,
cafeterias, ice cream parlors, or restaurants.
(4) All commercial uses which are located within 50 feet of
a residential zone boundary and which create noise, vibrations,
odors or dust not commonly associated with a residential use shall
be conducted completely within the confines of the business
building or structure and shall not unreasonably disturb the
adjacent residents. Normal deliveries and routine maintenance of
building and grounds are exempted from the requirements of this
subsection.
(5) Any principal or manager of firms or corporations who
fails to reasonably train the agents or employees of said firms or
corporations regarding the provisions of this Chapter shall be in
violation of this Chapter and shall be guilty as follows:
(A) For the first offense, an infraction;
(B) For the second offense, a Class C Misdemeanor;
(C) For the third and all subsequent offenses, a Class
B Misdemeanor, and shall upon conviction be punished as
provided in Section 13-3-1 et seq., of the Riverdale City
Ordinances.
Such principal or manager of firms or
corporations shall be deemed guilty of a separate offense for
each and every day during which any portion of any violation
of this Chapter is committed, maintained, continued, or
permitted by such principal or manager, of such firm or
corporation.
(6) Any person, not a principal or manager of firms or
corporations, who fails to comply with the requirements of this
Chapter shall be guilty of a Class B Misdemeanor and upon
conviction shall be punished as provided in Section 13-3-1 et
seq., of the Riverdale City Ordinances.
Such person, not a
principal or manager of firms or corporations, shall be deemed
guilty of a separate offense for each and every day during which
any portion of any violation of this Chapter is committed,
maintained, or continued by such person.
(Ordinance No. 457, Adopted July 6, 1994.)
19-23-5. Uses.
In the following list of possible uses, those
designated in any zone as "P" will be a Permitted Use. Uses designated
as "C" will be allowed only when authorized by a Conditional Use Permit
obtained as provided in Chapter 7 of this Title. Uses designated "N"
will not be allowed in that zone.
Accessory buildings and uses customarily incidental to
a permitted use
Air conditioning, sales and service
Ambulance
C-1
P
C-2
P
C-3
P
N
C
P
Base station
Sub-station
Amusement enterprises, including:
Bowling alley
Circus, carnival, or other transient amusement
Dance hall
Park and playground
Pool hall
Recreation center
Roller skating rink
Theatre
Indoor
Outdoor
Animal services, including:
Hospital, small animals only, and provided conducted
within completely enclosed building
Pet and pet supply store
Grooming for cats and dogs
Antique, import or souvenir shop
Art and artists supply store
Athletic and sporting goods, including:
Archery shop and range, provided conducted within
completely enclosed building
Store, excluding sale or repair of motor vehicles,
motor boats, or motors
Boat sales
Hand gun siting range (indoor)
Motor boat sales and service
Bicycle sales and service
Gymnasium
Health club
Auction establishment
Automobile, including:
Parts sales
Rental auto
Rental, U-Haul type
Repair, including paint, body and fender, brake,
muffler, upholstery, or transmission work; provided
conducted within completely enclosed building
Service station
Including painting, body and fender and upholstery
work
With rotating brush car wash as accessory use
Gas island and convenience store
Convenience store, no gas sales
Vehicle storage
Tire sales and service
New or used sales and service
Used car lot
Awning sales and service
C
C
C
C
C
C
N
N
N
P
N
N
N
C
C
C
P
C
C
C
P
C
C
P
P
P
P
N
N
P
N
P
C
N
N
C
N
N
C
C
C
C
P
P
P
P
P
P
C
P
P
C
P
P
C
C
N
P
C
C
N
P
C
C
P
P
P
N
P
C
P
P
P
P
C
C
N
N
N
P
C
C
C
P
P
C
P
N
c
P
N
N
C
N
N
N
N
N
C
P
P
C
C
C
C
P
P
P
P
P
P
P
P
P
Bakery
Manufacture limited to goods retailed on premises
Manufacture of goods sent to other locations
Barber shop
Bath and massage establishment
Beauty shop
Blue printing or photostating
Bookbinding
Bookstore, retail
Bottling and distribution plant
Building materials sales or yard
Bus terminal
P
N
P
N
P
C
N
P
N
N
N
P
C
P
C
P
P
C
P
N
C
C
P
P
P
P
P
P
P
P
C
P
P
Camera store
Candy
Manufacture of goods shipped to other locations
Store, confectionary
Carpenter and cabinet shop
Carpet sales
Car wash
Laundry type
Manual spray
Cash register sales and service
Christmas tree sales
Church
Church, temporary revival
Cleaning
Dry cleaning establishment
Launderette or laundromat – conditional use in R
zones and RMH-1 zone
Clinics
Medical or dental
Laboratory, dental or medical
Optometrist, optician or oculist
Physician or surgeon
Clothing and accessory store
Coal and fuel sales office
Communication equipment building
Contractor shop, provided work conducted within a
completely enclosed building
Costume rental
Club or lounge
Beer parlor, sales of draft beer
Lodge or social hall
Lounge
Night club or social club
Tavern
Cabaret
P
P
P
N
P
N
N
C
P
N
P
P
P
C
P
N
P
N
P
C
C
C
P
P
P
C
C
P
P
P
P
P
C
N
P
C
P
P
P
P
C
P
P
C
N
N
N
P
P
P
P
P
C
P
C
P
P
P
P
P
C
P
C
N
P
P
N
N
N
N
N
N
C
C
C
C
C
C
C
C
C
C
C
C
Dairy products store
Data processing service and supplies
P
C
P
P
P
P
Department store
Detective agency
Drapery and curtain store
Drug store
Dwelling, single family, when attached to business
structure and occupied by the business owner or a
business employee
Dwelling, apartment, multi-family
Hotel
Motel
C
P
C
C
C
P
P
P
P
C
P
P
P
P
C
C
N
N
C
C
C
C
P
P
C
C
N
P
C
P
P
C
P
N
C
N
P
P
C
P
P
C
Fabric and textile store
Farm implement sales
Fence, chain link, sales and service
Film exchange establishment
Fix-it shop
Florist shop
Floor covering store, including carpet, linoleum, tile
Frozen food lockers, incidental to a grocery store or
food business
Furniture sales
Financial institution
Bank
Credit union
Food service
Café or cafeteria
Catering establishment
Delicatessen
Ice cream
Manufacture
Parlor
Restaurant
Restaurant, drive-in
C
N
N
P
C
P
N
C
P
C
C
P
C
P
P
P
P
C
P
P
P
P
P
P
N
P
P
C
C
P
P
P
P
P
C
P
P
P
P
P
P
P
N
P
P
C
N
P
P
P
C
P
P
P
Garden supplies and plant material sales
Gift store
Glass sales and service
Government buildings or uses, non-industrial
Greenhouse and nursery, soil and lawn service
Grocery store
Gunsmith
C
C
N
C
N
C
N
P
P
C
P
P
P
C
P
P
P
P
P
P
P
Educational institution
Nursery school and pre-school
Trade or industrial school
Electrical and heating appliances and fixture sales
and service
Electronic equipment sales and service
Employment agency
Express and transfer parcel service
Hardware store without exterior yard storage
Health food store
Heliport
Hobby and crafts store
Hospital supplies
Household appliance sales and incidental service
Household cleaning and repair
N
C
N
C
N
N
N
P
P
C
P
P
C
P
P
P
C
P
P
P
P
Ice store or vending station
Insulation sales and installation
Insurance agency
Interior decorating and designing establishment
C
N
C
C
P
P
P
P
P
P
P
P
Janitor service and supply
Jewelry store sales and service
C
C
P
P
P
P
Knitting mills
N
N
C
Laboratory
Lawn mower sales and service
Leather goods, sales and service
Library
Linen store
Linen supply service
Liquor store
Locksmith
Lumber yard
C
N
C
P
C
N
N
C
N
C
P
P
P
P
C
C
P
C
C
P
P
P
P
P
C
P
C
Machine shop operations incidental to any use
permitted in C-3 district
Manufacture of goods retailed on premises
Meat, fish, and seafood store
Miniature golf
Mobile home sales lot and service
Monument works and sales
Mortuary
Motorcycle and motor scooters sales and service
Museum
Music store
N
N
C
C
C
N
N
N
N
N
C
N
C
P
C
N
C
C
C
P
P
C
P
C
P
P
P
P
P
P
Needlework, embroidery, or knitting store
C
P
P
C
P
P
C
C
C
C
C
N
P
P
P
P
P
P
P
P
P
P
P
P
Office
In which goods or merchandise are not commercially
created, exchanged, or sold
Accountant
Medical
Legal
Professional
Office supply
Office machine sales and service
Ornamental iron sales or repair
N
C
P
Parking lot or garage for passenger automobiles
Paint or wallpaper store
Paperhanger shop
Pawnshop
Pest control and extermination
Pharmacy
Photographic supplies
Photo studio
Plumbing shop
Popcorn or nut shop
Post office
Printing, lithographing, publishing, or reproduction
sales and service
Produce, fruit, and/or vegetable store (See portable
building ordinance for produce stand)
Public utilities substation
C
N
C
N
N
C
C
C
N
C
C
N
C
P
P
C
P
P
P
P
C
P
P
C
C
P
P
P
P
P
P
P
P
P
P
P
P
P
P
C
C
C
Radio and television sales and service
Radio, television, or FM broadcasting station
Real estate agency
Reception center or wedding chapel
Recreational vehicle storage
Rental agency for home and garden equipment
Roofing sales or shop
C
N
C
N
C
N
N
P
P
P
C
C
P
P
P
P
P
P
P
P
P
Second hand store
Seed and feed store, retail
Sewing machine sales and service
Shoe repair or shoe shine shop
Shoe store
Sign manufacture or sign painting
Supermarket
C
N
N
C
C
N
C
P
P
P
P
P
N
P
P
P
P
P
P
P
P
Tailor shop, altering, pressing, and repairing of
wearing apparel
Taxidermist
Temporary building for uses incidental to construction
work. Such buildings shall be removed upon the
completion of the construction work.
Tool design (precision) repair and manufacture
Toy store, retail
Trailer sales and service
Travel agency
Truck terminal
N
P
P
C
P
P
P
P
P
N
C
N
C
N
N
P
C
P
N
C
P
P
P
C
Upholstery shop
Utility substation or building
C
C
P
C
P
C
Variety or department store
C
P
P
Ventilating equipment sales and service including
heating and air conditioning
N
P
P
Warehouse storage
Welding shop
Window washing establishment
Window coverings store
N
N
C
C
C
N
P
P
P
C
P
P
19-23-6. Site Plan Approval Required.
In considering any site plan
for permitted uses specified in this Chapter, the Planning Commission
shall endeavor to assure, among other things, the safety and
convenience of traffic movement both within the area covered and in
relation to access streets, harmonious and beneficial relation among
the buildings and uses in the area covered, and satisfactory and
harmonious relation between such area and contiguous land and buildings
and adjacent neighborhoods.
In any commercial zone the location of
main and accessory buildings on the site and in relation to one
another, the traffic circulation features within the site, the height
and bulk of buildings, the provision of off-street parking space, the
provision of driveways for ingress and egress, and provision of other
open space on the site, and the display of signs shall be in accordance
with a site plan or plans or subsequent amendment thereof, approved in
any case by the Planning Commission prior to issuance of a building or
land use permit.
A site plan may also include provisions for
landscaping, fences, and walls designed to further the purposes of the
regulations for commercial zones and such feature shall be provided and
maintained as a condition of the establishment and maintenance of any
use to which they are appurtenant. Conditional Uses are regulated by
Chapter 7 of this Title.
(Ordinance No. 366, adopted September 21, 1988.)
Chapter 24 - Planned Commercial Zones
19-24-1
19-24-2
19-24-3
19-24-4
19-24-5
19-24-6
19-24-7
19-24-8
19-24-9
19-24-10
19-24-11
19-24-12
19-24-13
Purpose and Intent
Use Regulations
Site Development Standards
Special Parking Requirements
Protections of Adjoining Residential Properties
General Regulations
Submission of Application
Planning Commission Approval
City Council Action
Building Permit Issuance
Time Limitation
Application of Existing Commercial District
Sign Regulations
19-24-1. Purpose and Intent.
(a) The intent of the planned commercial zones is to permit the
establishment of a well designed complex of retail commercial
facilities for a neighborhood, community, or region which will provide
goods and services for the people to be served, minimize traffic
congestion on public streets in the vicinity and which shall best fit
the general environment and land use pattern of the area to be served.
The protective standards contained in this Chapter are intended to
minimize any adverse effect of the planned commercial zone on nearby
property values by achieving maximum compatible integration of the
area, and to provide for safe and efficient use of the planned
commercial zone itself.
(b) The three types of planned commercial zones provided for in
this Chapter are as follows:
(1) CP-1, Neighborhood: provides for the sale and supply of
daily living needs for the people in the neighborhood.
(2) CP-2,
Community:
provides,
in
addition
to
the
convenience goods, a wider range of facilities for the sale of
retail goods and personal services for the neighborhood and major
segments of the community.
(3) CP-3, Regional: provides for the sale and supply of the
complete range of retail and wholesale goods and personal services
for the metropolitan area and, also, a center for recreational
entertainment and cultural activities for the entire region.
19-24-2. Use Regulations.
Any permitted use or any conditional use
allowed in the C-1, C-2, and C-3 zone shall be a conditional use in
their respective CP-1, CP-2, or CP-3 zone provided that a conditional
use permit is obtained as provided in Chapter 7 of this Title. Such
uses shall be indicated on the final development plan. (Ordinance No.
373, Adopted June 5, 1989.)
19-24-3.
Site Development Standards.
CP-1
CP-2
CP-3
Minimum lot area
None
Maximum lot area
Five (5)
acres
Three (3)
acres
None
None
None
Minimum yard setbacks
Front
Twenty feet (20’) for main None
building, walls, or fences
over three feet (3’) high
Side
None except ten feet (10’) adjoining a
residential zone.
Side, facing street on corner
Twenty feet (20’)
lot
Rear
None except ten feet (10’) adjoining a
residential zone.
Building height
Minimum
One (1) story
Maximum
Two and one-half (2-1/2)
None
stories or thirty-five
feet (35'’
Forty
Fifty
Sixty
Lot coverage – The aggregate
percent
percent
percent
area of all buildings shall not
(40%)
(50%)
(60%)
exceed ____ percent of the
entire lot.
19-24-4. Special Parking Requirements. Notwithstanding the provisions
of Chapter 4 of this Title, there shall be provided off-street parking
facilities in the ratio of not less than three square feet of parking
for each one square foot of sales floor area within the development.
19-24-5. Protections of Adjoining Residential Properties.
Where a
planned commercial development adjoins any lot in any residential
zone, there shall be provided and maintained along such property line
a wooden or ornamental masonry fence of not less than 6 feet in
height, provided, however, that such fence shall be 3-1/2 feet in
height along the property line which bounds the front yard of
adjoining residential lots; at least 50 percent of such wall should be
maintained with a minimum 6 foot wide planting strip and landscaping
with trees and shrubs.
19-24-6. General Regulations.
(a) A CP zone may be established only upon land held in single
ownership or under unified control or where the Planning Commission
determines that commercial development on separate adjoining properties
should be coordinated to form a physically unified commercial facility
which will be compatible with the surrounding land uses. At the time a
CP zone is established and before building permits are issued, deed
restrictions on the property or properties covered under the zone
change shall be filed by the applicant or owners of subject property
with the County Recorder and shall provide that development take place
on such property or properties in accordance with the final site
development plan approved by the City Council and on file with the City
Recorder.
(b) A CP zone shall not be established upon a tract of land which
would contain a nonconforming use or its integration into planned
development.
(c) The location of the CP zone shall have an acceptable
relationship to, and further the purposes of, the Master Plan for the
City as determined by the Planning Commission.
19-24-7. Submission of Application. A rezoning petition for a planned
commercial zone shall be submitted to the Planning Commission and shall
be accompanied by a preliminary development plan for the commercial
center showing a unified and organized arrangement of buildings and
structures and their proposed uses, off-street parking, internal and
external
traffic
circulation,
service
facilities,
schematic
architectural drawings, landscaping plans and sketches demonstrating
the design and character of the proposed development. The developer
shall submit all evidence deemed necessary by the City Council and/or
Planning Commission of his ability to undertake the proposed project.
19-24-8. Planning Commission Approval. The Planning Commission shall
recommend approval or denial of the zoning petition and preliminary
development plan to the City Council. The recommendation of the
Planning Commission may contain conditions, limitations, or amendments
to the preliminary development plan to insure that the planned
commercial development is integrated into its surroundings and serves
the public interest to the greatest extent possible. The Planning
Commission shall also recommend a reasonable amount to be provided by
the developer by cash deposit or bond, to insure the completion of the
landscaping for the entire plan or phase thereof.
19-24-9. City Council Action.
The City Council, after holding a
public hearing thereon, may approve or disapprove a petition for a
planned commercial zone. In approving a zoning petition, the City
Council shall concurrently approve a preliminary development plan, the
amount required to insure completion of the landscaping, together with
whatever amendments, conditions, or requirements it deems necessary to
secure the purpose of this Chapter.
19-24-10. Building Permit Issuance. After the rezoning of the site to
a CP zone, a final development plan for the entire district or for the
initial phase, if a stage plan development plan has been approved,
shall be submitted to and approved by the Planning Commission as
complying with the regulations and requirements attached thereto prior
to the issuance of any building or land use permits. The final
development plan shall show in detail the proposed areas and locations
of buildings, off-street parking, internal and external traffic
circulation, improvements, landscaping, signs and service facilities.
No changes shall be made in the final development plan during the
course of construction pursuant thereto without obtaining prior
approval of the Planning Commission. Copies of the approved final
development plan shall be kept on file in the office of the Planning
Commission, Building Inspector, and City Recorder, and only changes
which may be subsequently approved shall be added thereto.
19-24-11. Time Limitation.
(a) A building permit shall be secured and construction begun in
accordance with the approved final development plan within eighteen
(18) months from the effective date of the ordinance establishing such
zone or other period of time as determined by the City Council.
Application may be made for not more than a six months extension of the
time limit for commencement of construction. Use and building permits
shall be issued only for those uses and buildings indicated on the
approved final development plan.
(b) In the event that construction is not started within the
specified time limits, the Planning Commission shall review the
classification of the zone and the progress which has taken place and,
if deemed necessary, revoke the plan approval and initiate proceedings
to rezone said property to its prior classification or to a zone
consistent with the Comprehensive Master Plan.
(c) All construction authorized in the approved final development
plan shall be completed within three years of the date construction
commenced. A plan for stage development which will require more time
than the limits contained herein may be approved by the City Council
after recommendation by the Planning Commission.
(d) In the event that construction is not completed within the
time limits specified, the Planning Commission shall review the
development which has taken place and if necessary initiate proceedings
to reclassify the property or part thereof in a manner consistent with
the Comprehensive Master Plan.
19-24-12. Application of Existing Commercial District. In the case of
existing commercial districts, the Planning Commission and City Council
may proceed to rezone such districts to an equivalent Planned
Commercial Zone without the requirements of a preliminary development
plan and other necessary information; but, after being so zoned to a
planned commercial zone, a preliminary and final development plan of
each development shall be submitted to and approved by the Planning
Commission and City Council in accordance with the provisions of this
Chapter prior to the issuance of building permits, provided, however,
that improvements already in existence at the time of rezoning shall
not be affected.
19-24-13.
following
set forth
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
Sign Regulations.
The height, size, and location of the
permitted signs shall be in accordance with the regulations
in Chapter 6 of this Title:
Business.
Identification and Information.
Free Standing.
Development.
Animated.
Roof.
Flat.
Wall.
Off-Premise.
Marquee.
Projecting.
Temporary.
Chapter 25 - Manufacturing Zones
19-25-1
19-25-2
19-25-3
19-25-4
19-25-5
Purpose and Intent
Uses
Site Development Standards.
Sign Regulations
Site Plan Approval Required
19-25-1. Purpose and Intent. The purpose of heavy manufacturing zones
is to provide suitable areas that will accommodate the need for heavy
intensity manufacturing and extractive and associated uses where the
environmental impact upon the community may be substantial and where
public regulation may be necessary to preserve the general welfare of
the community.
The two types of manufacturing zones provided for in
this Chapter are as follows:
(a) M-1 - Light Industrial Use Zone.
(b) M-2 - Heavy Industrial Use Zone.
19-25-2. Uses.
In the following list of possible uses, those
designated in any zone as "P" will be a Permitted Use. Uses designated
as "C" will be allowed only when authorized by a Conditional Use Permit
obtained as provided in Chapter 7 of this Title. Uses designated as
"N" will not be allowed in that zone. All Permitted and Conditional
Uses allowed in the C-3 Zone are also allowed as Conditional Uses in
the M-1 Zone except those uses having to do with Dwellings, e.g.,
Apartment Multi-Family, Boarding House, Dwelling Multiple Family,
Dwelling Single Family, Hotel, Lodging House, Motel.
(Ordinance No.
314, Adopted August 7, 1985.)
M-1
M-2
Accessory uses and buildings customarily incidental to
P
P
a permitted use
Agriculture
P
P
Airport
C
C
Ambulance base station
P
P
Ambulance sub-station
P
P
Animal hospitals
P
P
Animals and fowl for family food production
P
P
Battery manufacture
Blacksmith shop
Boat building
Bookbinding
Body and fender work, if conducted within a closed
building
Bottling works, soft drink
Building material sale yard including the sale of rock,
sand, gravel, and the like as an incidental part of the
main business, but excluding concrete mixing except as
such concrete mixing is necessary in the preparation
and manufacture of any of the products specified in
this section
C
C
P
P
P
C
P
P
P
P
P
C
P
P
Carnival or other amusement enterprises, transient in
nature
Carpenter shop, cabinet shop
Carpet and rug cleaning and dyeing
Coal, fuel, and wood yards, enclosed within a building
or by a solid fence of not less than six feet (6’) in
height
Construction of buildings to be sold and moved off the
premise
Contractors equipment storage yard or rental of
equipment used by contractors
C
C
P
P
P
P
P
P
P
P
C
C
Dairy
Draying, freighting, or trucking yard or terminal
Dry cleaning plant
Dwelling unit for watchman and family
P
C
P
P
P
P
P
P
Egg handling, processing, and sales
Electric appliances and/or electronic instruments
assembly
Express office
P
P
P
P
P
P
Feed, cereal, or flour mill
Fertilizer and soil conditioner manufacture, processing
and/or sales, providing only non-animal products
Foundry, casting light-weight, non-ferrous metal
without causing noxious odors or fumes
N
C
P
C
C
C
Garage, public
Glass manufacturing
Go-cart racing or drag strip racing
P
C
N
P
C
C
Honey extraction
P
P
Ice manufacturing and storage
Incinerator non-accessory, provided that no
objectionable fumes and odors are emitted
P
N
P
C
Kennel
Knitting mill
P
P
P
P
Laboratory
Laundry
Lithographing including engraving and photo engraving
P
P
P
P
P
P
Machine shop
Manufacturing, compounding, processing, packing, and
treatment of the following products: bakery goods,
candy, dairy products, pharmaceuticals
Manufacturing, compounding, assembling, and treatment
of articles of merchandise from the following
P
P
P
P
P
P
previously prepared materials: cellophane, canvas,
cloth, cork, felt, shell, straw, textile, wood, yarn
Manufacturing and maintenance of the following:
business machines; cameras and photographic equipment;
electric and neon sign, billboard and/or commercial
advertising structures; light sheet metal products,
including heating and ventilating ducts and equipment;
musical instruments; novelties; rubber and metal
stamps; toys
Manufacture of brick and all clay, ceramic, cinder,
concrete, synthetic, cast stone, plastic, and pumice
stone products, including the manufacture or
fabrication of building blocks, tile or pipe from raw
material for use in building construction or for sewer
or drainage purposes, and including rock or gravel
crushings or raw material which is incidental to the
above described products, and provided that such
crushing facilities shall be located not closer than
two hundred feet (200’) to any property line
Manufacturing, compounding, processing, packing, and
treatment of the following products: cosmetics; food
products excluding fish, sauerkraut, pickles, vinegar,
yeast, the rendering of fat; toiletries
Manufacturing, compounding, and treatment of articles
of merchandise from the following previously prepared
materials: bone, feathers, fiber, fish, glass, hair,
horn, leather, paint, paper, plastic, rubber, tobacco
Manufacturing, processing, compounding, packing
treatment and/or storage of acetylene gas
Manufacture, fabrication, assembly, canning,
compounding, packaging, process, treatment, storage
and/or maintenance of the following: automobile and
parts, cans, emery cloth excelsior, hardware,
machinery, matches, oxygen, salt
Manufacturing, fabrication, assembly, canning,
compounding, packaging, processing, treatment, storage
and/or maintenance of the following: alcohol, brass,
candles, cast stone products, cement and cinder
products, copper, ceramic products, clay products,
dyestuff, feathers, fiber, fish food products, glass,
glucose, gypsum, hair, ink, iron, lampblack, linoleum,
lime, malt, meats, oilcloth, oiled rubber goods, paper,
paint, pulp, pickles, plaster, plaster of paris,
plastic, sauerkraut, sheet metal, shellac, shoddy, shoe
polish, soap and detergent, starch, steel, terracotta,
tile, turpentine, varnish, vinegar, yeast
Meat products smoking, curing, and packing, provided
that no objectionable fumes are emitted
Metals and metal products treatment and processing
Monument works
Motion picture studio
Motor vehicles, trailers, bicycles, and machinery
P
P
C
C
C
C
C
C
N
P
C
P
N
C
C
C
N
P
P
P
C
P
P
P
repairing, rentals, sales and reconditioning
Oil or lubricating grease compounding
N
C
Parking lot
Petroleum refining and storage
Planing mill
Printing, including engraving and photo engraving,
blue-printing, photostating, and duplication
Public and quasi-public uses
Public transit yards
P
N
P
P
P
C
P
P
P
P
P
P
Radio and television transmitting towers
Railroad yards, shop and/or roundhouse
Retail sale of products produced by, developed in
conjunction with, or normally required and used in the
performance of a commercial or manufacturing operation
permitted in this zone, and provided the retail sale is
clearly an accessory use to the main permitted use and
is conducted within the same building or if the main
use is not a building then on the same property,
provided however, no retail sale of products may be
made in conjunction with a warehousing or wholesale
business
Rock crusher
Rubber welding
P
N
P
P
C
P
N
P
C
P
Sandblasting
Service station
Sewage disposal or treatment plant
Sign painting shop
Single family dwelling
P
P
N
P
P
P
P
C
P
P
Temporary building for uses incidental to construction
work, including living quarters for a guard or night
watchman, which building must be removed upon
completion or abandonment of the construction work
Tire retreading and/or vulcanizing
Transfer company
Trucking terminal
P
P
P
P
P
P
P
P
Upholstering, including mattress manufacturing,
rebuilding, and renovating
Used car lot
P
P
P
P
Veterinary and hotel or beauty parlor for cats and dogs
P
P
Warehouse
Weaving
Welding shop
Wholesale business
P
P
P
P
P
P
P
P
Uses which follow, provided they are located at least
six hundred feet (600’) from any zone boundary:
Animal by-products plant, garbage, offal or dead
animal reduction or dumping
Automobile wrecking yard, provided the use is
enclosed by a seven foot (7’) high solid fence or
wall
Blast furnace
Cement, concrete, mortar, plaster, or paving material
central mixing plant
Fat rendering
Gravel pits, quarries
Junk or salvage yard, provided the use is enclosed
with a seven foot (7’) high solid fence or wall
Manufacturing, processing, refining, treatment,
distillation, storage or compounding of the
following: acid, ammonia, asphalt, bleaching powder
and chlorine, bone, chemicals of an objectionable or
dangerous nature, coal or wood, creosote,
disinfectants or insecticides, fat, fireworks or
explosives, fur, gas, gelatin or size, glue, hide,
ore, plastic, potash, pyroxylin, roofing or
waterproofing materials, rubber or guttapercha,
tallow grease or lard, tar, wood
Metals crushing for salvage
Ore benefication
Smelting or refining of materials
Steel or iron mill mines
Stockyards, slaughter house
19-25-3.
C
Site Development Standards.
Minimum site area
Minimum lot width
Minimum yard setbacks
Front
Side
N
M-1
M-2
20,000 square feet except for
single family dwellings which
require five (5) acres
One hundred feet (100’)
Thirty feet (30’) on streets
of less than eighty feet
(80’) in width; fifty feet
(50’) on all streets and
highways of eighty feet (80’)
or more in width
None, except twenty feet
(20’) adjacent to a
residential boundary and for
single family dwellings
Rear
None, except twenty feet
(20’) where building rears on
a residential zone and thirty
feet (30’) for single family
dwellings
Building height
Minimum
Maximum
Lot coverage
19-25-4.
following
set forth
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
One (1) story
None
Not over eight percent (80%)
of lot area of building
Sign Regulations.
The height, size, and location of the
permitted signs shall be in accordance with the regulations
in Chapter 6 of this Title:
Business.
Information and Identification.
Off-premise.
Development.
Animated.
Directional.
Flat.
Free-standing.
Marquee.
Projecting.
Temporary.
Wall.
19-25-5. Site Plan Approval Required.
In considering any site plan
for permitted uses specified in this Chapter, the Planning Commission
shall endeavor to assure, among other things, the safety and
convenience of traffic movement both within the area covered and in
relation to access streets, harmonious and beneficial relation among
the buildings and uses in the area covered, and satisfactory and
harmonious relation between such area and contiguous land and buildings
and adjacent neighborhoods. In any manufacturing zone, the location of
main and accessory buildings on the site and in relation to one
another, the traffic circulation features within the site, the height
and bulk of buildings, the provision of off-street parking space, the
provision of driveways for ingress and egress, and the provision of
other open space on the site, and the display of signs shall be in
accordance with a site plan or plans or subsequent amendment thereof,
approved in any case by the Planning Commission prior to issuance of a
building or land use permit. A site plan may also include provisions
for landscaping, fences, and walls designed to further the purposes of
the regulations for manufacturing zones and such features shall be
provided and maintained as a condition of the establishment and
maintenance of any use to which they are appurtenant. Conditional uses
are regulated by Chapter 7 of this Title.
Chapter 26 - Planned Manufacturing Zones
19-26-1
19-26-2
19-26-3
19-26-4
19-26-5
19-26-6
19-26-7
19-26-8
19-26-9
19-26-10
19-26-11
19-26-12
Purpose and Intent
Use Regulations
Site Development Standards
Protection of Adjoining Residential Properties
Special Parking and Sign Limitations
General Regulations
Submission of Application
Planning Commission Approval
City Council Action
Building Permit Issuance
Time Limitation
Application to Existing Manufacturing District
19-26-1. Purpose and Intent.
(a) The intent of the planned manufacturing zone is to permit the
establishment of a well-designed complex of manufacturing facilities
for the community or region which will minimize traffic congestion on
public streets in the vicinity, and which shall best fit the general
environment and land use pattern of the area to be served. The
protective standards contained in this Chapter are intended to minimize
any adverse effect of the planned manufacturing zone on nearby property
values by achieving maximum compatible integration of land uses, by
preserving the aesthetic qualities of the area, and by providing safe
and efficient use of the planned manufacturing zone itself. It is not
the intent that the planned manufacturing zone shall be applied in a
broad brush manner, but rather be used discriminately in areas where it
is determined by the Planning Commission and/or City Council that the
planned manufacturing zone and its built-in control processes would be
highly
beneficial
in
protecting
the
established
surrounding
environment, especially residential uses in abutting residential zones.
(b) The two types of planned manufacturing zones provided for in
this Chapter are as follows:
(1) MP-1, Light Industrial Use Zone.
(2) MP-2, Heavy Industrial Use Zone.
19-26-2. Use Regulations.
Any permitted use or any conditional use
allowed in the M-1 or M-2 zone shall be permitted in the respective
MP-1 or MP-2 zone provided, where applicable, a conditional use permit
is obtained as provided in Chapter 7 of this Title. Such uses shall be
indicated on the final development plan.
19-26-3. Site Development Standards.
The site development standards
are the same as provided in Section 19-25-3 or as determined by the
Planning Commission and/or City Council.
19-26-4. Protection of Adjoining Residential Properties.
Where a
planned manufacturing development adjoins any lot in any residential
zone, there shall be provided and maintained along such property line a
wooden or ornamental fence of not less than six (6) feet in height,
provided, however, that such fence shall be three and one-half (3-1/2)
feet in height along the property line which bounds the front yard of
adjoining residential zone.
19-26-5. Special Parking and Sign Limitations.
Notwithstanding the
provisions of Chapter 4 of this Title, there shall be provided
off-street parking facilities of not less than one space for each
employee on the highest work shift with the greatest density of
employees or as determined by the Planning Commission and City Council.
(Ordinance No. 384, Adopted December 6, 1989.)
19-26-6. General Regulations.
(a) A MP zone may be established only upon land held in single
ownership or under unified control or where the Planning Commission
determines the manufacturing development on separate adjoining
properties should be coordinated to form a physically unified
manufacturing facility which will be compatible with the surrounding
land uses.
(b) A MP zone shall not be established upon a tract of land which
would contain a nonconforming use after the passage of a rezoning
amendment unless the development planned for the tract includes the
elimination of the nonconforming use or its integration into planned
development.
(c) The location of the MP zone shall have an acceptable
relationship to further the purposes of the Master Plan for the City as
determined by the Planning Commission.
19-26-7. Submission of Application. A rezoning petition for a planned
manufacturing zone shall be submitted to the Planning Commission and
shall be accompanied by a preliminary development plan showing a
unified and organized arrangement of buildings and structures and their
proposed uses, off-street parking, internal and external traffic
circulation, service facilities, schematic architectural drawings,
landscaping plans and sketches demonstrating the design and character
of the proposed development. The developer shall submit all evidence
deemed necessary by the City Council and/or Planning Commission of his
ability to undertake the proposed project.
19-26-8. Planning Commission Approval. The Planning Commission shall
recommend approval or denial of the zoning petition and preliminary
development plan to the City Council. The recommendation of the
Planning Commission may contain conditions, limitations, or amendments
to the preliminary development plan to insure that the planned
manufacturing development is integrated into its surroundings and
serves the public interest to the greatest extent possible.
19-26-9. City Council Action.
The City Council, after holding a
public hearing thereon, may approve or disapprove a petition for a
planned manufacturing zone. In approving the zoning petition, the City
Council shall concurrently approve a preliminary development plan
together with whatever amendments, conditions or requirements it may
deem necessary to secure the purpose of this Chapter.
19-26-10. Building Permit Issuance. After the rezoning of the site to
a MP zone, a final development plan for the entire district or for the
initial phase, if a stage development plan has been approved, shall be
submitted to and approved by the Planning Commission as complying with
the regulations and requirements attached thereto prior to the issuance
of any building or land use permits. The final development plan shall
show in detail the proposed areas and locations of buildings,
off-street parking, internal and external traffic circulation,
improvements, landscaping, signs and service facilities. No changes
shall be made in the final development plan during the course of
construction pursuant thereto without first obtaining approval of the
Planning Commission. Copies of the approved final development plan
shall be kept on file in the Office of the Planning Commission,
Building Inspector, and City Recorder, and only changes which may be
subsequently approved shall be added thereto.
19-26-11. Time Limitation.
(a) A building permit shall be secured and construction begun in
accordance with the approved final development plan within eighteen
(18) months from the effective date of the ordinance establishing such
zone or such other period of time as is determined by the City Council.
Application may be made for not more than six (6) months extension of
the time limit for commencement of construction. Use and building
permits shall be issued only for those uses and buildings indicated on
the approved final development plan.
(b) In the event that construction is not started within the
specified time limits, the Planning Commission shall review the
classification of the zone and the progress which has taken place and,
if deemed necessary, revoke the plan approval and initiate proceedings
to rezone said property to its prior classification or to a zone
consistent with the Comprehensive Master Plan.
(c) All construction authorized in the approved final development
plan shall be completed within three years of the date construction was
commenced. A plan for stage development which will require more time
than the limits contained herein may be approved by the City Council,
after recommendation by the Planning Commission.
(d) In the event that construction is not completed within the
time limits specified, the Planning Commission shall review the
development which has taken place and, if necessary, initiate
proceedings to reclassify the property or part thereof in a manner
consistent with the Comprehensive Master Plan.
19-26-12. Application to Existing Manufacturing District. In the case
of existing manufacturing districts, the Planning Commission and City
Council may proceed to rezone such districts to an equivalent planned
manufacturing
zone
without
the
requirements
of
a
preliminary
development plan and other necessary information; but, after being
zoned to a planned manufacturing zone, a preliminary and final
development plan for each development shall be submitted to and
approved by the Planning Commission and City Council in accordance with
the provisions of this Chapter prior to the issuance of building
permits, provided, however, that improvements already in existence at
the time of rezoning shall not be affected. (Ordinance No. 192, Adopted
June 7, 1976.)
Chapter 27 - Fees
19-27-1
19-27-2
19-27-1. At the time of filing a petition or request to change the
zoning of any property, the petitioners shall pay to the City Recorder
and the City Recorder shall collect for the City such fee as may be set
by resolution of the City Council.
(Ordinance No. 272, Adopted June
30, 1981.)
19-27-2. The fee assessed
regardless of the eventual
shall be in addition to all
to the City. (Ordinance No.
by this Chapter shall not be refundable
disposition of the rezoning request and
other fees presently in effect and payable
169, Adopted September 4, 1974.)
Chapter 28 - Planning Commission
19-28-1
19-28-2
19-28-3
19-28-4
19-28-5
19-28-6
19-28-1. There is hereby created a Planning Commission
Riverdale, Utah, pursuant to the Municipal Planning and
the State of Utah, which said Planning Commission shall
and perform the duties as prescribed by statute
ordinances of the City of Riverdale.
for the City of
Enabling Act of
have the powers
and applicable
19-28-2. That said Planning Commission shall consist of seven (7)
members to be appointed by the Mayor by and with the advice and consent
of the City Council; with each of said members to serve for a term of
four (4) years, PROVIDED, HOWEVER, that in the year 1966, there shall
be appointed three members to serve for terms of only two years, and in
the year 1968, and quadrennially thereafter, there shall be appointed
three members each to serve for a term of four years; and that in the
year 1966 there shall be appointed four members each to serve for a
term of four years, and quadrennially thereafter there shall be
appointed four members each to serve a term of four years. The terms of
office of the members of the Planning Commission shall expire on the
first Monday of February on the years their respective terms end.
19-28-3. Any member of the Planning Commission may be removed from
office by the Mayor with the concurrence of a majority of the members
of the City Council, or by the City Council with the concurrence of the
Mayor.
19-28-4. The members of the Planning Commission shall qualify by
taking the constitutional oath of office and filing the same in the
office of the City Recorder.
19-28-5. The members of the Planning Commission shall designate one of
its members to act as Chairman, SUBJECT, HOWEVER, to the approval of
the Mayor and the City Council. (Ordinance No. 92, Adopted January 6,
1966.)
19-28-6. The Planning Commission may adopt rules governing their
procedures and conduct, provided that any such rules shall not be
inconsistent with any governing law or ordinance. Should any provision
of such rules conflict with any law or ordinance, that provision shall
not be enforceable, but such conflict shall not affect the validity of
the remaining rules. (Ordinance No. 300, Adopted January 18, 1984.)
Chapter 29 - Flood Plain Overlay Zone
19-29-1
19-29-2
19-29-3
19-29-4
19-29-5
19-29-6
19-29-7
Purpose and Intent
Permitted Uses
Conditional Uses
Site Development Standards
Sign Regulations
Building Permit Issuance
Definitions
19-29-1. Purpose and Intent. The purpose of the Flood Plain Overlay
Zone is to delineate the known flood plains of all natural waterways in
Riverdale City as defined by the Army Corps of Engineers with specific
intent to:
(a) control uses of land in the defined flood plain;
(b) protect human life and health;
(c) minimize public and private property damage;
(d) protect unsuspecting buyers of property within a flood plain;
(e) minimize surface and ground water pollution;
(f) provide for public awareness of the flooding potential;
(g) maintain a stable tax base; and
(h) help qualify owners of structures in a flood plain for the
federally subsidized flood insurance program.
19-29-2. Permitted Uses.
The permitted uses shall be the same as
those allowed in the specific zone over which the Flood Plain Overlay
Zone extends, except those uses specifically mentioned in Section
19-29-3 of this Title, and provided that all permitted uses shall
comply with the requirements for issuance of a building permit in
Section 19-29-6 of this Chapter.
19-29-3. Conditional Uses.
Excavation or alteration of topography
within a Flood Plain Overlay Zone, rechanneling of natural waterways
and installation or alteration of recreational uses (either public or
private) which may not necessarily require application for building
permits such as golf courses, picnic grounds, or campgrounds are
conditional uses in a Flood Plain Overlay Zone.
19-29-4. Site Development Standards.
The site development standards
shall be the same as those specified for the particular use in the
respective zone over which the Flood Plain Overlay Zone extends.
19-29-5. Sign Regulations. The sign regulation shall be the same as
that provided in the specific zone over which the Flood Plain Overlay
Zone extends. Specific signs and regulations related thereto are
limited to the boundaries of the particular zone over which the Flood
Plain Overlay Zone extends.
19-29-6. Building Permit Issuance.
Prior to the issuance of a
building permit for any structure to be located within the Flood Plain
Overlay Zone, the applicant shall present a site plan, drawn to scale
with dimensions, showing the proposed location of new structure or
structures, the location of all existing structures on the same
property, and the location of all structures on adjoining properties
within 500 feet. The applicant will at the same time show evidence that
new structures within the Flood Plain Overlay Zone will be protected
from flood hazard by having all habitable floors flood proofed a
minimum of one foot above the projected intermediate regional flood
level at the location or by building the lowest habitable floor at
least one foot above the projected intermediate regional flood level;
or by any other means acceptable to the Planning Commission. The
applicant will also show that the new structure will not increase the
flood hazard to adjoining properties. Specific detail sufficient to
satisfy the Planning Commission will be presented by the applicant.
Upon approval of the site plan and construction detail, no alteration
shall be made without first obtaining approval from the Planning
Commission.
19-29-7. Definitions.
(a) Flood Plain. The relatively flat area or low lands adjoining
a river, stream, water-course, lake, or other body of standing water
that has been or may be covered by flood water.
(b) Flood Plain Overlay Zone.
Boundaries of the Intermediate
Regional Flood of the Weber River Flood Plain as defined by the Corps
of Engineers, Department of Army and set forth on that certain map
thereof prepared by Federal Emergency Management Agency and called the
"Flood Insurance Rate Map" or "FIRM" and on file in the Riverdale City
Recorder's Office. The flood plain zone is designed to overlay or be
superimposed over existing zoning within the defined flood plain.
(Ordinance No. 480, Adopted July 19, 1995)
(c) Intermediate Regional Flood.
A flood having an average
frequency of occurrence in the order of one in 100 years although the
flood may occur in any year. (Ordinance No. 221, Adopted March 15,
1978, as Chapter 27.)
Chapter 30 -Flood Damage Prevention
19-30-1
19-30-2
19-30-3
19-30-4
19-30-5
General
Definitions
General Provisions
Administration
Provisions for Flood Hazard Reduction
19-30-1. General.
The State of Utah has granted this Municipality
authority to enact this Ordinance by State Statute found at Section 109-401 et seq., Utah Code Annotated (1953), as amended.
(a) Findings of Fact.
(1) The flood hazard areas of Riverdale City are subject to
periodic inundation which results in loss of life and property,
health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection
and relief, and impairment of the tax base, all of which adversely
affect the public health, safety, and general welfare.
(2) These flood losses are caused by the cumulative effect
of obstructions in areas of special flood hazards which increase
flood heights and velocities, and when inadequately anchored,
damage uses in other areas. Uses that are inadequately
flood-proofed, elevated or otherwise protected from damage also
contribute to the flood loss.
(b) Statement of Purpose. It is the purpose of this Chapter to
promote the public health, safety and general welfare, and to minimize
public and private losses due to flood conditions to specific areas by
provisions designed:
(1) To protect human life and health;
(2) To minimize expenditure of public money for costly
flood control projects;
(3) To minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at the expense
of the general public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities
such as water and gas mains, electric, telephone and sewer lines,
streets and bridges located in areas of special flood hazard.
(6) To help maintain a stable tax base by providing for the
sound use and development of areas of special flood hazard so as
to minimize future flood blight areas;
(7) To ensure that potential buyers are notified that
property is in an area of special flood hazard; and
(8) To ensure that those who occupy the areas of special
flood hazards assume responsibility for their actions.
(c) Methods of Reducing Flood Losses. In order to accomplish its
purposes, this Chapter includes methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to
health, safety, and property due to water or erosion hazards, or
which result in damaging increases in erosion or in flood heights
or velocities;
(2) Requiring that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood
damage at the time of initial construction;
(3) Controlling the alteration of natural floodplains,
stream channels, and natural protective barriers, which help
accommodate or channel flood waters;
(4) Controlling filling, grading, dredging, and other
development which may increase flood damage; and,
(5) Preventing or regulating the construction of flood
barriers which will unnaturally divert flood waters or which may
increase flood hazards in other areas.
19-30-2. Definitions.
Unless specifically defined below, words or
phrases used in this Chapter shall be interpreted so as to give them
the meaning they have in common usage and to give this Chapter its most
reasonable application.
(a) "Appeal" means a request for a review of the Building
Official's interpretation of any provision of this Chapter or a request
for a variance.
(b) "Area of special flood hazard" means the land in the
floodplain within a community subject to a one percent or greater
chance of flooding in any given year.
(c) "Base flood" means the flood having a one percent chance of
being equaled or exceeded in any given year.
(d) "Development" means any man-made change to improved or
unimproved real estate, including but not limited to buildings or other
structures, mining, dredging, filling, grading, paving, excavating or
drilling operations located within the area of special flood hazard.
(e) "Existing manufactured home park or subdivision" means a
manufactured home park for which the construction of facilities for
servicing the lot on which the manufactured homes are to be affixed
(including, at a minimum, the installation of utilities, either final
site grading or the pouring of concrete pads, and the construction of
streets) are completed before the effective date of this ordinance.
(f) "Expansion to an existing manufactured home park or
subdivision" means the preparation of additional sites by the
construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including the installation of
utilities, the construction of streets, and either final site grading
or the pouring of concrete pads).
(g) "Flood" or "Flooding" means a general and temporary condition
of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters and/or
(2) The unusual and rapid accumulation of runoff of surface
waters from any source.
(h) "Flood Insurance Rate Map" (FIRM) means the official map on
which the Federal Emergency Management Agency has delineated both the
areas of special flood hazards and the risk premium zones applicable to
the community.
(i) "Flood Insurance Study" means the official report provided by
the Federal Emergency Management Agency that includes flood profiles,
the Flood Boundary-Floodway Map, and the water surface elevation of the
base flood.
(j) "Floodway" means the channel of a river or other watercourse
and adjacent land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation
more than one foot.
(k) "Lowest floor" means the lowest floor of the lowest enclosed
area (including basement). An unfinished or flood resistant enclosure,
usable solely for parking of vehicles, building access or storage, in
an area other than a basement area, is not considered a building's
lowest floor, provided that such enclosure is not built so as to render
the structure in violation of the applicable non-elevation design
requirements of this Chapter.
(l) "Manufactured home" means a structure, transportable in one
or more sections, which is built on a permanent chassis and is designed
for use with or without a permanent foundation when connected to the
required utilities. The term "manufactured home" does not include a
"recreational vehicle."
(m) "New construction" means structures for which the "start of
construction" commenced on or after the effective date of the original
ordinance, and includes any subsequent improvements to such structures.
(n) "New manufactured home park or subdivision" means a
manufactured home park or subdivision for which the construction of
facilities for servicing the lots on which the manufactured homes are
to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of these floodplain management regulations.
(o) "Recreational vehicle" means a vehicle which is
(1) built on a single chassis;
(2) 400 square feet or less when measured at the largest
horizontal projections;
(3) designed to be self-propelled or permanently towable by
a light duty truck; and
(4) designed primarily not for use as a permanent dwelling
but as temporary living quarters for recreational, camping,
travel, or seasonal use.
(p) "Start of construction" includes substantial improvement, and
means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, placement, or other
improvement was within 180 days of the permit date. The actual start
means the first placement of permanent construction of a structure on a
site, such as the pouring of slab or footings, the installation of
piles, the construction of columns, or any work beyond the stage of
excavation or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading, and filling; nor does it include the installation of
streets and/or walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erection of temporary forms; nor
does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or
not part of the main structure. For a substantial improvement, the
actual start of construction means the first alteration of any wall,
ceiling, floor, or other structural part of a building, whether or not
that alteration affects the external dimensions of the building. For a
substantial improvement, the actual start of construction means the
first alteration of any wall, ceiling, floor, or other structural part
of a building, whether or not that alteration affects the external
dimensions of the building.
(q) "Structure" means a walled and roofed building or mobile home
that is principally above ground.
(r) "Substantial damage" means damage of any origin sustained by
a structure whereby the cost of restoring the structure to its before
damaged condition would equal or exceed 50 percent of the market value
of the structure before the damage occurred.
(s) "Substantial
improvement"
means
any
reconstruction,
rehabilitation, addition, or other improvement of a structure, the cost
of which equals or exceeds 50 percent of the market value of the
structure before the "start of construction" of the improvement. This
term includes structures which have incurred "substantial damage,"
regardless of the actual repair work performed. The term does not,
however, include either:
(1) Any project for improvement of a structure to correct
existing violations of state or local health, sanitary, or safety
code specifications which have identified by the local code
enforcement official and which are the minimum necessary to assure
safe living conditions or
(2) Any alteration of a "historic structure," provided that
the alteration will not preclude the structure's continued
designation as a "historic structure."
(t) "Variance" means a grant of relief from the requirements of
this Chapter which permits construction in a manner that would
otherwise be prohibited by this Chapter.
19-30-3. General Provisions.
(a) Lands to Which this Chapter Applies.
This Chapter shall
apply to all areas of special flood hazards within the jurisdiction of
Riverdale City.
(b) Basis for Establishing the Areas of Special Flood Hazard.
The areas of special flood hazard identified by the Federal Emergency
Management Agency in a scientific and engineering report entitled
"Flood Insurance Study for the City of Riverdale, Utah, dated September
6, 1995, with an accompanying Flood Insurance Rate Map (FIRM) is hereby
adopted by reference and declared to be a part of this Chapter. The
Flood Insurance Study and FIRM are on file at the Riverdale City Civic
Center, 4600 South Weber River Drive, Riverdale, Utah 84405.
(c) Compliance.
No structure or land shall hereafter be
constructed, located, extended, converted, or altered without full
compliance with the terms of this Chapter and other applicable
regulations.
(d) Abrogation and Greater Restrictions.
This Chapter is not
intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this Chapter and
another Section or Chapter of this Code or an easement, covenant, or
deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
(e) Interpretation.
In the interpretation and application of
this Chapter, all provisions shall be:
(1) considered as minimum requirements;
(2) liberally construed in favor of the governing body; and
(3) deemed neither to limit nor repeal any other powers
granted under state statutes.
(f) Warning and Disclaimer of Liability.
The degree of flood
protection required by this Chapter is considered reasonable for
regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on rare occasions.
Flood heights may be increased by man-made or natural causes. This
Chapter does not imply that land outside the areas of special flood
hazards or uses permitted within such areas will be free from flooding
or flood damages. This Chapter shall not create liability on the part
of Riverdale City, any officer or employee thereof, or the Federal
Emergency Management Agency, for any flood damages that result from
reliance on this Chapter or any administrative decision lawfully made
thereunder.
19-30-4. Administration.
(a) Establishment of Development Permit.
A Development Permit
shall be obtained before construction or development begins within any
area of special flood hazard established in Section 19-30-3(b).
Application for a Development Permit shall be made on forms furnished
by the Building Official and may include, but not be limited to: plans
in duplicate drawn to scale showing the nature, location, dimensions,
and elevations of the area in question; existing or proposed
structures, fill, storage of materials, drainage facilities; and the
location of the foregoing. Specifically, the following information is
required:
(1) Elevation in relation to mean sea level, of the lowest
floor (including basement) of all structures;
(2) Elevation in relation to mean sea level to which any
structure has been flood-proofed;
(3) Certification by a registered professional engineer or
architect that the floodproofing methods for any non-residential
structure
meet
the
floodproofing
criteria
in
Section
19-30-5(b)(2).
(4) Description of the extent to which any watercourse will
be altered or relocated as a result of the proposed development.
(b) Designation of the Building Official. The Building Official
is hereby appointed to administer and implement this Chapter by
granting or denying development permit applications in accordance with
its provisions.
(c) Duties and Responsibilities of the Building Official.
The
duties of the Building Official shall include, but not be limited to:
(1) Permit Review.
(A) Review of all development permits to determine
that the permit requirements of this Chapter have been
satisfied.
(B) Review of all development permits to determine
that all necessary permits have been obtained from those
Federal, State or local governmental agencies from which
prior approval is required.
(C) Review of all development permits to determine if
the proposed development is located in the Floodway. If it is
located in the Floodway, assure that the encroachment
provisions of Section 19-30-5(c)(1) are met.
(2) Use of Other Base Flood Data.
When base flood
elevation data has not been provided in accordance with Section
19-30-3(b), Basis for Establishing the Areas of Special Flood
Hazard, the Building Official shall obtain, review, and reasonably
utilize any base flood elevation and floodway data available from
and Federal, State, or other source as criteria for requiring that
new construction, substantial improvements, or other development
in Zone A are administered in accordance with Section 19-30-5(b)
Specific Standards.
(3) Information to be Obtained and Maintained.
(A) Obtain and record the actual elevation (in
relation to mean sea level) of the lowest floor (including
basement) of all new or substantially improved structures,
and whether or not the structure contains a basement.
(B) For all new or substantially improved floodproofed
structures:
(i) verify and record the actual elevation (in
relation to mean sea level), to which the structure has
been floodproofed.
(ii) maintain
the
floodproofing
certificates
required in Section 19-30-4(a)(3).
(C) Maintain
for
public
inspection
all
records
pertaining to the provisions of this Chapter.
(4) Alteration of Watercourses.
(A) Notify adjacent communities and the State Division
of Comprehensive Emergency Management prior to any alteration
or relocation of a watercourse, and submit evidence of such
notification to the Federal Emergency Management Agency.
(B) Require that maintenance is provided within the
altered or relocated portion of said watercourse so that the
flood-carrying capacity is not diminished.
(5) Interpretation
of
FIRM
Boundaries.
Make
interpretations where needed, as to the exact location of the
boundaries of the areas of special flood hazards (for example,
where there appears to be a conflict between a mapped boundary and
actual field conditions). The person contesting the location of
the boundary shall be given a reasonable opportunity to appeal the
interpretation as provided in Section 19-30-4(d).
(d) Variance Procedure.
(1) Appeal Board.
(A) The Riverdale City Council shall hear and decide
appeals and requests for variances from the requirements of
this Chapter.
(B) The City Council shall hear and decide appeals
when it is alleged there is an error in any requirement,
decision, or determination made by the Building Official in
the enforcement or administration of this Chapter.
(C) Those aggrieved by the decision of the City
Council, or any taxpayer, may appeal such decision to any
court of competent jurisdiction, as provided in Section
10-9-15, Utah Code Annotated (1953).
(D) In passing upon such applications, the City
Council shall consider all technical evaluations, all
relevant factors, standards specified in other sections of
this Chapter, and:
(i) the danger that materials may be swept onto
other lands to the injury of others;
(ii) the danger to life and property due to
flooding or erosion damage;
(iii) the susceptibility of the proposed facility
and its contents to flood damage and the effect of such
damage on the individual owners;
(iv) the importance of the services provided by
the proposed facility to the community;
(v) the necessity to the facility of a waterfront
location, where applicable;
(vi) the availability of alternative locations for
the proposed use which are not subject to flooding or
erosion damage;
(vii) the compatibility of the proposed use with
existing and anticipated development;
(viii)
the relationship of the proposed use to
the
comprehensive
plan
and
floodplain
management
program for that area;
(ix) the safety of access to the property in times
of flood for ordinary and emergency vehicles;
(x) the expected height, velocity, duration, rate
of rise, and sediment transport of the flood waters and
the effects of wave action, if applicable, expected at
the site; and,
(xi) the costs of providing governmental services
during
and
after
flood
conditions,
including
maintenance
and
repair
of
public
utilities
and
facilities such as sewer, gas, electrical and water
systems, and streets and bridges.
(E) Upon consideration of the factors of Section
19-30-4(d)(1)(d) and the purposes of this Chapter, the City
Council may attach such conditions to the granting of
variances as it deems necessary to further the purposes of
this Chapter.
(F) The Building Official shall maintain the records
of all appeal actions, including technical information, and
report any variances to the Federal Emergency Management
Agency.
(2) Conditions for Variances.
(A) Generally, variances may be issued for new
construction and substantial improvements to be erected on a
lot of one-half acre or less in size contiguous to and
surrounded by lots with existing structures constructed below
the
base
level,
providing
items
(i-xi)
in
Section
19-30-4(d)(1)(d) have been fully considered. As the lot size
increases
beyond
the
one-half
acre,
the
technical
justifications required for issuing the variance increases.
(B) Variances may be issued for the reconstruction,
rehabilitation or restoration of structures listed on the
National Register of Historic Places or the State Inventory
of Historic Places, without regard to the procedures set
forth in the remainder of this section.
(C) Variances shall not be issued within any designated
floodway if any increase in flood levels during the base
flood discharge would result.
(D) Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering the
flood hazard, to afford relief.
(E) Variances shall only be issued upon:
(i) a showing of good and sufficient cause;
(ii) a determination that failure to grant the
variance would result in exceptional hardship to the
applicant; and
(iii) a determination that the granting of a
variance will not result in increased flood heights,
additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on, or
victimization of, the public as identified in Section
19-30-4(d)1(d), or conflict with existing local laws or
ordinances.
(F) Any applicant to whom a variance is granted shall
be given written notice that the structure will be permitted
to be built with a lowest floor elevation below the base
flood elevation and that the cost of flood insurance will be
commensurate with the increased risk resulting from the
reduced lowest floor elevation.
19-30-5. Provisions for Flood Hazard Reduction.
(a) General Standards.
In all areas of special flood hazards,
the following standards are required:
(1) Anchoring.
(A) All new construction and substantial improvements
shall be anchored to prevent flotation, collapse or lateral
movement of the structure and capable of resisting the
hydrostatic and hydrodynamic loads.
(B) All manufactured homes must be elevated and
anchored to resist flotation, collapse, or lateral movement
and capable of resisting the hydrostatic and hydrodynamic
loads. Methods of anchoring may include, but are not limited
to, use of over-the-top and frame ties to ground anchors.
This requirement is in addition to applicable State and local
anchoring requirements for resisting wind forces. Specific
requirements may be:
(i) over-the-top ties be provided at each of the
four corners of the manufactured home, with two
additional ties per side at intermediate locations,
with manufactured homes more than 50 feet long
requiring one additional tie per side;
(ii) frame ties be provided at each corner of the
home with five additional ties per side at intermediate
points, with manufactured homes more than 50 feet long
requiring four additional ties per side;
(iii) all components of the anchoring system be
capable of carrying a force of 4,800 pounds; and
(iv) any additions to the manufactured home be
similarly anchored.
(2) Construction Materials and Methods.
(A) All new construction and substantial improvements
shall be constructed with materials and utility equipment
resistant to flood damage.
(B) All new construction and substantial improvements
shall be constructed using methods and practices that
minimize flood damage.
(C) All new construction and substantial improvements
shall be constructed with electrical, heating, ventilation,
plumbing, and air conditioning equipment and other service
facilities that are designed and/or located so as to prevent
water from entering or accumulating within the components
during conditions of flooding.
(3) Utilities.
(A) All new and replacement water supply systems shall
be designed to minimize or eliminate infiltration of flood
waters into the system.
(B) New and replacement sanitary sewage systems shall
be designed to minimize or eliminate infiltration of flood
waters into the systems and discharge from the systems into
flood waters; and
(C) On-site waste disposal systems shall be located to
avoid impairment to them or contamination from them during
flooding.
(4) Subdivision Proposals.
(A) All subdivision proposals shall be consistent with
the need to minimize flood damage.
(B) All
subdivision
proposals
shall have public
utilities and facilities such as sewer, gas, electrical, and
water systems located and constructed to minimize flood
damage;
(C) All subdivision proposals shall have adequate
drainage provided to reduce exposure to flood damage; and
(D) Base flood elevation data shall be provided for
subdivision proposals and other proposed developments which
contain at least 50 lots or 5 acres (whichever is less).
(b) Specific Standards.
In all areas of special flood hazards
where base flood elevation data has been provided as set forth in
Section 19-30-3(b), Basis for Establishing the Areas of Special Flood
Hazard, or Section 19-30-4(c)2, Use of Other Base Flood Data, the
following provisions are required:
(1) Residential
Construction.
New
construction
and
substantial improvement of any residential structure shall have
the lowest floor, including basement, elevated to or above base
flood elevation.
(2) Non-residential Construction.
New construction and
substantial improvement of any commercial, industrial or other
non-residential structure shall either have the lowest floor,
including basement, elevated to the level of the base flood
elevation, or, together with attendant utility and sanitary
facilities, shall:
(A) be floodproofed so that below the base flood level
the structure is watertight with walls substantially
impermeable to the passage of water;
(B) have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy;
and
(C) be certified by a registered professional engineer
or architect that the design and methods of construction are
in accordance with accepted standards of practice for meeting
the provisions of this paragraph. Such certifications shall
be provided to the official as set forth in Section
19-30-4(c)(2)
(3) Openings in Enclosures Below the Lowest Floor. For all
new construction and substantial improvements, fully enclosed
areas below the lowest floor that are subject to flooding shall be
designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a
registered professional engineer or architect or must meet or
exceed the following minimum criteria:
(A) A minimum of two openings having a total net area
of not less than one square inch for every square foot of
enclosed area subject to flooding shall be provided;
(B) The bottom of all openings shall be no higher than
one foot above grade;
(C) Openings may be equipped with screens, louvers, or
other coverings or devices provided that they permit the
automatic entry and exit of floodwaters.
(4) Manufactured Homes.
(A) Manufactured homes shall be anchored in accordance
with Section 19-30-5(a)(1)(b).
(B) All
manufactured
homes
or
those
to
be
substantially improved shall be conform to the following
requirements:
(i) Require that manufactured homes that are
placed or substantially improved on a site
(a) outside of a manufactured home park or
subdivision,
(b) in a new manufactured home park or
subdivision,
(c) in
an
expansion
to
an
existing
manufactured home park or subdivision,
(d) in an existing manufactured home park or
subdivision on which a manufactured home has
incurred "substantial damage" as the result of a
flood, be elevated on a permanent foundation such
that the lowest floor of the manufactured home is
elevated to or above the base flood elevation and
be securely anchored to an adequately anchored
foundation system to resist flotation, collapse
and lateral movement.
(ii) Require that manufactured homes to be placed
on
substantially
improved
on
sites
in
existing
manufactured home parks or subdivisions that are not
subject to the provisions in (i) above be elevated so
that either
(a) the lowest floor of the manufactured
home is at or above the base flood elevation, or
(b) the
manufactured
home
chassis
is
supported by reinforced piers or other foundation
elements that are no less than 36 inches in height
above grade and be securely anchored to an
adequately anchored foundation system to resist
flotation, collapse, and lateral movement.
(5) Recreational Vehicles.
(A) Require that recreational vehicles either
(i) be on the site for fewer than 180 consecutive
days,
(ii) be fully licensed and ready for highway use,
or
(iii) meet the permit requirements and elevation
and anchoring requirements for resisting wind forces.
(c) Floodways.
Located within areas of special flood hazard
established in Section 19-30-3(b) are areas designated as floodways.
Since the floodway is an extremely hazardous area due to the velocity
of flood waters which carry debris, potential projectiles, and erosion
potential, the following provisions apply:
(1) Prohibit
encroachments,
including
fill,
new
construction, substantial improvements, and other development
unless certification by a registered professional engineer or
architect is provided demonstrating that encroachments shall not
result in any increase in flood levels during the occurrence of
the base flood discharge.
(2) If
Section
19-30-5(c)(1)
is
satisfied,
all
new
construction and substantial improvements shall comply with all
applicable flood hazard reduction provisions of Section 19-30-5,
Provisions for Flood Hazard Reduction.
(Ordinance No. 480, Adopted July 19, 1995)
Chapter 31a - Wireless Telecommunications Zoning Regulations
19-31a-1 General Provisions
19-31a-1.1 Title
19-31a-1.2 Purpose
19-31a-1.3 Findings
19-31a-1.5 Applicability
19-31a-2 Procedure
19-31a-2.1 Applications Requirements
19-31a-2.2 Approval Process
19-31a-2.3 Building Permits
19-31a-3. Location
19-31a-3.1 Priority of Antenna Site Locations
19-31a-3.2 Burden of Proof
19-31a-3.3 Uses
19-31a-3.4 Co-Location Requirement
19-31a-3.5 Lease Agreement
19-31a-4 Antenna and Antenna Support Structure Regulations
19-31a-4.1 Standards for Antennas and Antenna Support Structures
19-31a-4.2 Additional Conditional Use Permit Considerations
19-31a-4.3 Additional Regulations for Monopoles and Towers
19-31a-5 Safety
19-31a-5.1 Regulation Compliance
19-31a-5.2 Protection Against Climbing
19-31a-5.3 Fencing
19-31a-5.4 Security Lighting Requirements
19-31a-5.5 Abandonment
19-31a-6 Site Requirements
19-31a-6.1 Regulations for Accessory Structures
19-31a-6.2 Parking
19-31a-6.3 Maintenance Requirements
19-31a-6.4 Landscaping
19-31a-6.5 Allowed Locations
19-31a-1. General Provisions
19-31a-1.1. Title.
This ordinance shall be known as the Wireless
Telecommunications Zoning Ordinance.
19-31a-1.2.
Purpose. The purposes of this ordinance are:
(a) to regulate personal wireless services antennas, with or
without support structures, and related electronic equipment and
equipment structures;
(b) to provide for the orderly establishment of personal wireless
services facilities in Riverdale City;
(c) to minimize the number of antenna support structures by
encouraging the co-location of multiple antennas on a single structure,
and by encouraging the location of antennas on pre-existing support
structures;
(d) to establish siting, appearance, and safety standards that
will help mitigate potential impacts related to the construction, use,
and maintenance of personal wireless services facilities;
(e) to comply with the Telecommunications Act of 1996 by
establishing regulations that:
(1) do not prohibit or have the effect of prohibiting the
provision of personal wireless services;
(2) do not unreasonably discriminate among providers of
functionally equivalent services; and
(3) are not based on the environmental effects of radio
frequency emissions to the extent that such facilities comply with
the Federal Communication Commission’s regulations concerning such
emissions.
19-31a-1.3.
Findings.
The City Council makes the following
findings:
(a) Personal wireless services devices are an integral part of
the rapidly growing and evolving telecommunications industry, and
present unique zoning challenges and concerns for the City.
(b) The City needs to balance the interests and desires of the
telecommunications industry and its customers to provide competitive
and effective telecommunications systems in the City, against the
sometimes differing interests and desires of others concerning health,
safety, welfare, and aesthetics, and orderly planning of the community.
(c) The City has experienced an increased demand for personal
wireless services facilities to be located in the City, and expects the
increased demand to continue into the future.
(d) It is in the best interests of the City to have quality
personal wireless services available, which necessarily entails the
erection of personal wireless services facilities in the City.
(e) The unnecessary proliferation of personal wireless services
facilities throughout the City creates a negative visual impact on the
community.
(f) The visual effects of personal wireless services facilities
can be mitigated by fair standards regulating their siting,
construction, maintenance, and use.
(g) Because of the height and appearance of personal wireless
services facilities, surrounding properties bear a disproportionate
share of the negative impacts of a telecommunications tower.
(h) A private property owner who leases space for a personal
wireless services facility is the only one who receives compensation
for the facility, even though numerous other property owners in the
area are adversely affected by the location of the facility.
(i) Personal wireless services may be located on City property at
the discretion of the City Council, with lease payments paid to the
City instead of an individual property owner, which indirectly
compensates all citizens of the community for the adverse impacts of
the facilities, and is therefore the fairest method of distributing
burden and benefit.
(j) Locating antennas on existing buildings and structures
creates less of a negative visual impact on the community than the
erection of towers.
(k) Buildings and structures on public property are capable of
being used to provide support for antenna arrays, thus reducing the
proliferation of towers in all areas of the City.
(l) The public policy objectives to reduce the proliferation of
telecommunication towers and to mitigate their impact can best be
facilitated by permitting the locating of wireless communication
systems on telecommunication towers and antenna support structures that
are located on property owned, leased, or used by the City.
(m) The requirements set forth in this ordinance for the
placement of personal wireless services facilities on property owned,
leased, or used by the City are necessary to protect the health,
safety, and general welfare of the community.
19-31a-1.4.
Definitions.
The following words shall have the
described meaning when used in this ordinance, unless a contrary
meaning is apparent from the context of the word.
(a) Antenna.
A transmitting device used in telecommunications
that radiates or captures radio signals.
(b) Antenna Support Structures. Any structure that can be used
for the purpose of supporting an antenna(s).
(c) City. The City of Riverdale, Utah.
(d) City-Owned Property. Real property that is owned, leased, or
controlled by the City.
(e) Co-location.
The location of an antenna on an existing
structure, tower, or building that is already being used for personal
wireless services facilities.
(f) Guyed Tower.
A tower that supports an antenna or antennas
and requires guy wires or other stabilizers for support.
(g) Lattice Tower. A self-supporting three- or four-sided, open
steel frame structure used to support telecommunications equipment.
(h) Monopole.
A single, self-supporting, cylindrical pole,
constructed without guy wires or ground anchors, that acts as the
support structure for antennas.
(i) Monopole Antenna with Platform. A monopole with antennas and
antenna support structure exceeding three feet (3’) in width or ten
feet (10’) in height.
(j) Monopole Antenna with no Platform. A monopole with antennas
and antenna support structure not exceeding three feet (3’) in width or
ten feet (10’) in height.
(k) Personal
Wireless
Services.
Commercial
mobile
telecommunications services, unlicensed wireless telecommunications
services, and common carrier wireless telecommunications exchange
access services.
(l) Personal Wireless Services Facilities.
Facilities for the
provision of personal wireless services.
Personal wireless services
facilities include transmitters, antennas, structures supporting
antennas, and electronic equipment that is typically installed in close
proximity to a transmitter.
(m) Private Property. Any real property not owned by the City,
even if the property is owned by another public or governmental entity.
(n) Roof Mounted Antenna.
An antenna or series of individual
antennas mounted on a roof, mechanical room or penthouse of a building
or structure.
(o) Stealth Facilities.
Personal wireless services facilities
which have been designed to be compatible with the natural setting and
surrounding structures, and which camouflage or conceal the presence of
antennas and/or towers.
The term includes, but is not limited to,
clock towers, church steeples, light poles, flag poles, signs,
electrical transmission facilities.
City-owned water tanks are
expressly excluded from such uses.
(p) Tower. A free-standing structure, such as a monopole tower,
lattice tower, or guyed tower, that is used as a support structure for
antenna(s).
(q) Wall Mounted Antenna.
An antenna or series of individual
antennas mounted on the vertical wall of a building or structure.
(r) Whip Antenna. An antenna that is cylindrical in shape. Whip
antennas can be directional or omnidirectional and vary in size
depending on the frequency and gain for which they are designed.
19-31a-1.5.
Applicability.
This
ordinance
(the
Wireless
Telecommunications Zoning Ordinance) applies to both commercial and
private low power radio services and facilities, such as “cellular” or
PCS (personal communications system) communications and paging systems.
This ordinance shall not apply to the following types of communications
devices, although they may be regulated by other City ordinances and
policies:
(a) Amateur Radio. Any tower or antenna owned and operated by an
amateur radio operator licensed by the Federal Communications
Commission.
(b) Satellite. Any device designed for over-the-air reception of
television broadcast signals, multichannel multipoint distribution
service, or direct satellite service.
(c) Cable.
Any cable television headend or hub towers and
antennas used solely for cable television services.
19-31a-2.
Procedure.
19-31a-2.1.
Applications Requirements.
Any person desiring to
develop, construct, or establish a personal wireless services facility
in the City shall submit an application for site plan approval to the
City. The City shall not consider the application until all required
information has been included.
The application shall include the
following:
(a) Fee. The applicable fee set by the City.
(b) Site Plan. A site plan consisting of one or more pages of
maps and drawings drawn to scale. The applicant shall submit five (5)
copies of the proposed site plan to the Planning Commission Secretary.
One of the copies shall be 8½” X 11”, and the other copies shall be at
least 8½” X 11”, but not larger than 24” X 36”. The proposed site plan
shall be drawn to a scale large enough to clearly show all details and
in any case not smaller than sixty feet (60’) to the inch. The site
plan for personal wireless services facilities shall include the
following information and items:
(1) Name and street address of the site or location
(2) Name of applicant
(3) Name of owner of property
(4) North arrow
(5) Scale of drawing
(6) Area of lot in square feet
(7) Lot line dimensions
(8) A vicinity map containing sufficient information to
accurately locate the property shown on the plan
(9) Names and locations of fronting streets and locations
and dimensions of public streets, private streets, and driveways
(10) Footprints of existing and proposed buildings and
structures, including a notation of each unit’s height above the
grade
(11) Location and size of existing and proposed antennas,
with dimensions to property lines
(12) Location of existing and proposed fire protection
devices
(13) Location, dimensions, and distance to property lines of
existing and proposed drive accesses
(14) Location and dimensions of existing and proposed curbs,
gutters, and sidewalks
(15) Location and dimensions of off-street parking spaces
(16) Location and type of surface water drainage system
(17) Drawings of proposed structure elevations showing the
height, dimensions, appearance, and materials proposed
(18) Location
and
description
(height,
materials)
of
existing and proposed fences
(19) Location and description (dimensions, distance to
property lines, and type of lighting [direct or indirect]) of
existing and proposed signs
(20) A security lighting plan, if proposed
(21) Landscape plan to scale indicating size, spacing, and
type of plantings
(22) A signed lease agreement with the City if the site is
located on City property
(c) Written Information. The following written information:
(1) Environment.
A full description of the environment
surrounding the proposed facility, including a description of
adjacent uses, any adjacent residential structures, and any
structures and sites of historic significance.
(2) Maintenance.
A
description
of
the
anticipated
maintenance needs for the facility, including frequency of
service, personnel needs, equipment needs, and traffic noise or
safety impacts of such maintenance.
(3) Service Area.
A description of the service area for
the antenna or tower and a statement as to whether the antenna or
tower is needed for coverage or capacity.
(4) Location.
A map showing the site and the nearest or
associated telecommunications facility sites within the network.
Describe the distance between the telecommunications facility
sites.
Describe how this service area fits into the service
network.
(5) Licenses and Permits.
Copies of all licenses and
permits
required
by
other
agencies
and
governments
with
jurisdiction over the design, construction, location, and
operation of the antenna.
(6) Radio Frequency Emissions.
A written commitment to
comply with applicable Federal Communications Commission radio
frequency emission regulations.
(7) Liaison. The name of a contact person who can respond
to questions concerning the application and the proposed facility.
Include name, address, telephone number, facsimile number, and
electronic mail address, if applicable.
(d) Additional Information Requirements for Monopoles.
If the
applicant desires to construct a monopole, the applicant shall also
submit a detailed written description of why the applicant cannot
obtain coverage using existing buildings or structures.
(e) Additional Information Requirement for Facilities Not Located
on Highest Priority Site. If the applicant desires to locate antennas
on a site other than the highest priority site (as described in
Subsection 19-31a-3.1), the applicant shall provide the following
information to the approving authority.
(1) Higher Priority Sites.
The identity and location of
any higher priority sites located within the desired service area.
(2) Reason for Rejection of Higher Priority Sites.
The
reason(s) why the higher priority sites are not technologically,
legally, or economically feasible.
(3) Justification for Proposed Site. Why the proposed site
is essential to meet the service demands of the geographic service
area and the citywide network.
19-31a-2.2.
Approval Process. The application and site plan shall
be reviewed by the City pursuant to its standard site plan approval
process. If the facility requires a conditional use permit, the review
shall be pursuant to the City’s standard conditional use permit
approval process.
The City shall process all applications within a
reasonable time and shall not unreasonably discriminate among providers
of functionally equivalent services. Any decision to deny a request to
place, construct, or modify personal wireless service facilities shall
be in writing and supported by evidence contained in a written record.
19-31a-2.3.
Building Permits.
(a) General Requirements. No tower or antenna support structure
shall be constructed until the applicant obtains a building permit from
the City. No building permit shall be issued for any project for which
a site plan, amended site plan, or conditional use permit is required,
until the site plan, amended site plan, or conditional use permit has
been approved by the appropriate authority.
If the design or
engineering of the antenna support structure is beyond the expertise of
the Building Official, the City may require third party review by an
engineer selected by the City prior to the issuance of a building
permit. The applicant shall pay an additional fee to cover the cost of
the third party review.
(b) Additional Requirements for Monopoles and Towers.
If the
applicant is constructing a monopole or other tower-type structure, the
applicant shall, if requested by the City, submit a written report from
a qualified structural engineer licensed in the State of Utah,
documenting the following:
(1) Height and design of the monopole and tower, including
technical, engineering, economic, and other pertinent factors
governing selection of the proposed design.
(2) Seismic load design and wind load design for the
monopole or tower.
(3) Total anticipated capacity of the monopole or tower,
including number and types of antennas which can be accommodated.
(4) Structural failure characteristics of the monopole or
tower and a demonstration that the site and setbacks are of
adequate size to contain debris.
(5) Soil
investigation
report,
including
structural
calculations.
19-31a-3. Location.
19-31a-3.1.
Priority of Antenna Site Locations. Personal wireless
services antennas shall be located as unobtrusively as is reasonably
possible.
To accomplish this goal, the provider shall make a good
faith effort to locate antennas on sites in the following order of
priority:
(a) Stealth Facilities.
Stealth facilities as defined by this
ordinance.
(b) Existing Structures. Lawfully existing buildings, structures
and
antenna
support
structures,
provided
that
the
buildings,
structures, or support structures are:
(1) located in a non-residential zone, or
(2) located in a residential zone on property that is being
used for non-residential uses (e.g. government, school, church,
or utility), or
(3) located in a residential zone on a property that is
being used for a multi-family residential building having eight
(8) or more dwelling units and which is at least thirty-five feet
(35’) in height.
(c) Monopoles on City-Owned Property.
Monopoles constructed on
City-owned property.
(d) Monopoles on Non-Residential Private Property.
Monopoles
constructed on private property, provided that the private property is:
(1) located in a non-residential zone, or
(2) located in a residential zone on property that is used
for a non-residential use (e.g. government, school, or church).
(e) Other. Sites other than those listed above.
19-31a-3.2.
Burden of Proof. The applicant shall attempt to locate
its antennas on sites in the order of priority set forth above. If the
applicant desires to locate antennas on a site other than the highest
priority site, the applicant shall have the burden of demonstrating to
the approving authority why it could no locate antennas on sites with a
higher priority than the site chosen by the applicant. To do so, the
applicant shall provide the following information to the approving
authority:
(a) Higher Priority Sites. The identity and location of higher
priority sites located within the desired service area.
(b) Reason for Rejection of Higher Priority Sites. The reason(s)
why the higher priority sites are not technologically, legally, or
economically feasible. The applicant must make a good faith effort to
locate antennas on a higher priority site.
The City may request
information from outside sources to justify or rebut the applicant’s
reasons for rejecting a higher priority site.
(c) Justification for Proposed Site.
Why the proposed site is
essential to meet the service demands of the geographic service area
and the citywide network.
19-31a-3.3.
Uses.
(a) Permitted Uses.
The following antenna locations are
permitted uses, provided that the applicant complies with other
applicable laws and regulations:
(1) Existing Structures on City-Owned Property.
Existing
buildings, structures, and antenna support structures located on
City-owned property, except water tanks.
(2) Existing Structures on Private Property.
Lawfully
existing buildings and structures located on private property,
provided that the private property is:
(i) located in a non-residential zone, or
(ii) located in a residential zone on property that is
used for a non-residential use (e.g. government, school,
church, or utility), or
(iii) located in a residential zone on property that is
being used for a multi-family residential building have eight
(8) or more dwelling units and which is at least thirty-five
feet (35’) in height.
(3) Co-Location.
Co-location on a lawfully existing
antenna support structure located on private property.
(4) Monopoles in Industrial Areas.
Monopoles constructed
in industrial or manufacturing zones, and existing utility areas
as conditional uses with approved conditional use permits.
(5) Stealth Facilities in Non-Residential Zones.
Stealth
facilities constructed in non-residential zones, unless they are
constructed as part of a structure for which a conditional use
permit is otherwise required, in which case they shall be
conditional uses.
(b) Not Permitted Uses. The following antenna types and antenna
locations are not permitted, except upon a showing of necessity
(inability to achieve coverage or capacity in the service area) by the
applicant, in which case they shall be considered as conditional uses:
(1) Guyed Towers.
Guyed towers and other non-stealth
towers, with the exception of monopoles, are not permitted in any
zone.
(2) Monopoles on Private Property in a Residential Zone.
Monopoles located on residentially zoned private property, if the
residentially zoned property has a residential use (as opposed to
a school, church, or other non-residential use).
(c) Conditional Uses. Antennas proposed for any other location
shall be considered as conditional uses, provided that the applicant
complies with other applicable laws and regulations.
19-31a-3.4.
Co-Location Requirement.
Unless otherwise authorized
by the approving authority for good cause shown, every new monopole
shall be designed and constructed to be of sufficient size and capacity
to accommodate at least one additional wireless telecommunications
provider on the structure in the future.
Any conditional use permit
for the monopole may be conditioned upon the agreement of the applicant
to allow co-location of other personal wireless providers on such terms
as are common in the industry.
19-31a-3.5.
Lease Agreement. The City shall enter into a standard
lease agreement with the applicant for any facility built on City
property.
The Mayor or designee is hereby authorized to execute the
standard lease agreement on behalf of the City.
The Lease shall
contain the condition that the site plan and/or conditional use permit
must first be approved by the approving authority before the lease can
take effect, and that failure to obtain such approval renders the lease
null and void.
19-31a-4. Antenna and Antenna Support Structure Regulations.
19-31a-4.1.
Standards for Antennas and Antenna Support Structures.
Personal wireless services facilities are characterized by the type or
location of the antenna structure.
There are five general types of
antenna structures contemplated by this ordinance:
wall mounted
antennas; roof mounted antennas; monopoles with no platform; monopoles
with a platform; and stealth facilities.
If a particular type of
antenna structure is allowed by this ordinance as a permitted or
conditional use, the minimum standards for that type of antenna are as
follows, unless otherwise provided in a conditional use permit:
(a) Wall Mounted Antennas.
(1) Maximum Height. Wall mounted antennas shall not extend
above the roof line of the building or structure or extend more
than four feet (4’) horizontally from the face of the building.
(2) Setback.
Wall mounted antennas shall not be located
within one hundred feet (100’) of any residence.
(3) Mounting Options.
Antennas mounted directly on
existing parapet walls, penthouses, or mechanical equipment rooms
are considered to be wall mounted antennas if no portion of the
antenna extends above the roof line of the parapet wall,
penthouse, or mechanical equipment room.
(4) Color.
Wall
mounted
antennas,
equipment,
and
supporting structures shall be painted to match the color of the
building or structure or the background against which they are
most commonly seen. Antennas and the supporting structure on the
building shall be architecturally compatible with the building.
Whip antennas are not allowed on a wall mounted antenna structure.
(b) Roof Mounted Antennas.
(1) Maximum Height.
The maximum height of a roof mounted
antenna shall be eighteen feet (18’) above the roof line of the
building.
(2) Setback.
Roof mounted antennas shall be located at
least five feet (5’) from the exterior wall of the building or
structure, and at least fifty feet (50’) from any residence.
(3) Mounting options. Roof mounted antennas may be mounted
on top of existing penthouses or mechanical equipment rooms if the
antennas and antenna support structures are enclosed or visually
screened from view. The screening structure may not extend more
than eight feet (8’) above the existing roof line of the penthouse
or mechanical equipment room.
(4) Color.
Roof
mounted
antennas,
equipment,
and
supporting structures shall be painted to match the color of the
building or structure or the background against which they are
most commonly seen. Antennas and supporting structures shall be
architecturally compatible with the building.
(5) Combination of Wall and Roof Mounted Antennas.
Any
building may have a combination of wall and roof mounted antennas.
The total area for all wall and roof mounted antennas and
supporting structures on any one building shall not exceed the
lesser of sixty square feet (60 ’) or five percent (5%) of each
exterior wall of the building.
(c) Monopoles with no Platform.
(1) Maximum Height and Width.
The maximum height of the
monopole or monopole antenna shall be sixty feet (60’), although
the approving body may, as a conditional use, allow an antenna or
antenna support structure up to one hundred ten feet (110’) in
height, if the applicant demonstrates to the satisfaction of the
approving body that the additional height is necessary to obtain
coverage or to allow co-location, and that the applicant has taken
steps to mitigate adverse effects on the surrounding neighborhood.
The entire antenna structure mounted on the monopole shall not
exceed three feet (3’) in width.
The antenna itself shall not
exceed ten feet (10’) in height.
(2) Setback. Monopoles shall be set back a minimum of one
hundred fifteen percent (115%) of the height of the monopole from
any residential lot line, measured from the base of the monopole
to the nearest residential lot line.
(3) Color.
Monopoles, antennas, and related support
structures shall be painted a neutral color, or a color to match
the background against which they are most commonly seen.
(d) Monopoles with Platform.
(1) Maximum Height and Width.
The maximum height of the
monopole or monopole antenna shall be seventy-five feet (75’),
although the approving body may, as a conditional use, allow an
antenna or antenna support structure up to one hundred ten feet
(110’) in height, if the applicant demonstrates to the
satisfaction of the approving body that the additional height is
necessary to obtain coverage or to allow co-location, and that the
applicant has taken steps to mitigate adverse effects on the
surrounding neighborhood.
The antennas and antenna mounting
structures on the monopole shall not exceed eight feet (8’) in
height or fifteen feet (15’) in width. The antenna itself shall
not exceed ten feet (10’) in height.
(2) Setback. Monopoles shall be set back a minimum of one
hundred fifteen percent (115%) of the height of the monopole from
any residential lot line, measured from the base of the monopole
to the nearest residential lot line.
(3) Color.
Monopoles, antennas, and related support
structures shall be painted a neutral color, or a color to match
the background against which they are most commonly seen.
(e) Stealth Facilities.
(1) Maximum Height.
The maximum height of a stealth
facility shall be the maximum structure height on the zoning district
in which the stealth facility is located. The applicant may exceed the
maximum structure height if allowed pursuant to a conditional use
permit.
19-31a-4.2.
Additional Conditional Use Permit Considerations.
In
addition to the City’s standard conditional use permit considerations,
the approving authority shall consider the following factors when
deciding whether to grant a conditional use permit for a personal
wireless services facility:
(a) Compatibility.
Compatibility of the facility with the
height, mass, and design of buildings, structures, and uses in the
vicinity of the facility.
(b) Screening.
Whether the facility uses existing or proposed
vegetation, topography, or structures in a manner that effectively
screens the facility.
(c) Disguise. Whether the facility is disguised in a manner that
mitigates potential negative impacts on surrounding properties.
(d) Parcel Size. Whether the facility is located on a parcel of
sufficient size the adequately support the facility.
(e) Location on Parcel. Whether the structure is situated on the
parcel in a manner that can best protect the interests of surrounding
property owners, but still accommodate other appropriate uses of the
parcel.
(f) Location in General. Whether location or co-location of the
facility on other structures in the same vicinity is practicable,
without significantly affecting the antenna transmission or reception
capabilities.
(g) Co-Location. The willingness of the applicant to allow colocation on its facility by other personal wireless services providers
on such terms as are common in the industry.
19-31a-4.3.
Additional Regulations for Monopoles and Towers.
(a) Distance from Other Monopoles. Monopoles and towers shall be
located at least one thousand feet (1,000’) from each other, except
upon a showing of necessity by the applicant, or upon a finding by the
City that a closer distance would adequately protect the health,
safety, and welfare of the community. This distance requirement shall
not apply to stealth facilities or to antennas attached to lawful
structures such as transmission towers, utility poles, and outdoor
lighting structures.
(b) Location on Parcel.
Monopoles shall be located as
unobtrusively on a parcel as possible, given the location of existing
structures, nearby residential areas, and service needs of the
applicant.
Monopoles shall not be located in a required landscaped
area, buffer area, or parking area.
19-31a-5. Safety.
19-31a-5.1.
Regulation Compliance.
(a) Compliance with FCC and FAA Regulations.
All operators of
personal wireless services facilities shall demonstrate compliance with
applicable Federal Communication Commission (FCC) and Federal Aviation
Administration (FAA) regulations, including FCC radio frequency
regulations, at the time of application and periodically thereafter as
requested by the City.
Failure to comply with the applicable
regulations shall be grounds for revoking a site plan or conditional
use permit approval.
(b) Other Licenses and Permits. The operator of every personal
wireless services facility shall submit copies of all licenses and
permits required by other agencies and governments with jurisdiction
over the design, construction, location, and operation of the facility
to the City, shall maintain such licenses and permits in good standing,
and shall provide evidence of renewal or extension thereof upon request
by the City.
19-31a-5.2.
Protection Against Climbing.
Monopoles shall be
protected against unauthorized climbing by removing the climbing pegs
from the lower twenty feet (20’) of the monopole.
19-31a-5.3.
Fencing. Monopoles and towers shall be fully enclosed
by a minimum six foot (6’) tall fence or wall, as directed by the City,
unless the City determines that a wall or fence is not needed or
appropriate for a particular site due to conditions specific to the
site.
19-31a-5.4.
Security Lighting Requirements.
Monopoles and towers
shall comply with the FAA requirements for lighting. As part of the
conditional use permit consideration, the City may also require
security lighting for the site.
If security lighting is used, the
lighting impact on surrounding residential areas shall be minimized by
using indirect lighting, where appropriate.
19-31a-5.5.
Abandonment.
The City may require the removal of all
antennas and monopoles if the facility has been inoperative or out of
service for more than twelve (12) consecutive months.
(a) Notice.
Notice to remove shall be given in writing by
personal service, or by certified mail addressed to the operator’s last
known address.
(b) Violation.
Failure to remove the antennas and monopoles
after receiving written notice to remove is a violation of the terms of
this Chapter.
The City may initiate criminal and/or civil legal
proceedings against any person, firm, entity, or corporation, whether
acting as principal, agent, property owner, lessee, lessor, tenant,
landlord, employee, employer, or otherwise, for failure to remove
antennas and monopoles in accordance with this Chapter. The City may
seek a civil injunction requiring the removal of any structures on the
site in accordance with this Chapter.
Any lease agreement with the
City may also stipulate failure to remove the antennas and monopoles
after receiving written notice to do so pursuant to this Chapter
automatically transfers ownership of the antennas, monopoles, support
buildings, and all other structures on the site to the City.
19-31a-6. Site Requirements.
19-31a-6.1.
Regulations for Accessory Structures.
(a) Storage Areas and Solid Waste Receptacles.
No outside
storage or solid waste receptacles shall be permitted on the site.
(b) Equipment Enclosures.
All electronic and other related
equipment and appurtenances necessary for the operation of any personal
wireless services facility shall, whenever possible, be located within
a lawfully pre-existing structure or completely below grade.
When a
new structure is required to house such equipment, the structure shall
be harmonious with, and blend with, the natural features, buildings,
and structures surrounding such structure.
(c) Accessory Buildings.
Freestanding accessory building used
with a personal wireless services facility shall not exceed four
hundred fifty square feet (450 ’) and shall comply with the setback
requirements for structures in the zone in which the facility is
located.
19-31a-6.2.
Parking.
The City may require a minimum of one (1)
parking stall for sites containing a monopole, tower, and/or accessory
buildings, if there is insufficient parking available on the site.
19-31a-6.3.
Maintenance
Requirements.
All
personal
wireless
services facilities shall be maintained in a safe, neat, and attractive
manner.
19-31a-6.4.
Landscaping.
All sites with a personal wireless
services facility shall be landscaped in accordance with the zone
requirements where the facility is located.
19-31a-6.5.
Allowed Locations.
Telecommunication and television
towers, monopoles, antenna, and support structures and equipment shall
be permitted or not permitted, as set forth herein, the current zoning
of said uses notwithstanding.
(Placement of towers, monopoles,
antenna, and any support structures or buildings on Riverdale City
owned property shall be subject to private contract with the City of
Riverdale.)
(Ordinance No. 557, adopted February 3, 1999)
Chapter 32 - Sexually Oriented Businesses (CP-4 Overlay Zone)
19-32-1
19-32-2
19-32-3
19-32-4
19-32-5
19-32-6
Purpose
Definitions
Permitted Locations and Restrictions
Distance from Other Similar Businesses
Sign Restrictions
Severability
19-32-1. Purpose.
The purpose and object of this article is to
establish
uniform
and
reasonable
regulations
to
prevent
the
concentration of sexually oriented businesses or their locations in
areas deleterious to the community, to regulate the signs of such
businesses, to control the adverse effects of such signs, and to
prevent inappropriate exposure to the community. This ordinance by its
terms is designed to prevent crime, protect the city’s retail trade,
maintain property values, and generally protect and preserve the
quality of urban life. This ordinance is not designed to suppress the
expression of unpopular views. This article is to be construed as a
regulation of time, place and manner of the operation of these
businesses consistent with the limitations provided by the United
States and Utah Constitutions.
19-32-2. Definitions.
For purposes of this article, the following
terms shall have the meanings defined in this section:
(a) Gateway means those areas identified as City Gateways on the
Riverdale General Plan, Land Use Planning Map, as adopted and as may be
amended.
(b) Historic buildings or sites means those buildings or sites
found on either the national or state historic registers, or the City
register of cultural and historic resources.
(c) Public park means a park, playground, swimming pool, golf
course, or athletic field within the City which is under the control,
operation or management of the City’s Public Works or Recreation
Department.
(d) Religious institution means a building which is used
primarily for religious worship and related religious activities.
(e) School means an institution of learning or instruction
primarily catering to minors, whether public or private, which is
licensed as such a facility either by the City or the State.
This
definition shall include nursery schools, kindergartens, elementary
schools, junior high schools, senior high schools, or any special
institution of learning under the jurisdiction of the State Department
of Education, but not including trade schools, charm schools, dancing
schools, music schools or similar limited schools, nor public or
private universities or colleges.
(f) Sexually oriented business means any business for which a
sexually oriented business license is required pursuant to the sexually
oriented business license ordinance set out in Title 11, Chapter 8, of
the Riverdale Municipal Ordinance Code.
19-32-3. Permitted Locations and Restrictions.
Sexually oriented
businesses shall only be permitted in areas designated as CP-4 overlay
areas as set forth on the attached Overlay Map.
Sexually oriented
business zones are conditional use zones (requiring a conditional use
permit as provided in Chapter 7 of this Title), and are subject to the
following additional restrictions:
(a) No sexually oriented business shall be located within a onethousand foot (1000’) radius of any church, park, school, residential
zone, or residential dwelling in a non-residential zone as measured by
a straight line without regard to intervening structures. The distance
is measured from the property line of the church, park, school, or
residential zone nearest the sexually oriented business and the
property line of the sexually oriented business nearest the church,
park, school, or residential zone.
(b) No sexually oriented business shall be permitted three
hundred feet (300’) of any gateway.
(c) No sexually oriented business shall be permitted within three
hundred feet (300’) of any historic building or site.
The distance
shall be measured from the property line of the historic building or
site nearest the sexually oriented business and the property line of
the sexually oriented business nearest the historic building or site.
19-32-4. Distance from Other Similar Businesses. No sexually oriented
business shall be allowed within one thousand feet (1000’) of any other
sexually oriented business, measuring a straight distance from the
nearest property line of one business to the nearest property line of
the other business.
19-32-5. Sign Restrictions.
Notwithstanding any contrary provision
contained in Chapter 6 of this Code, sexually oriented business signs
shall be limited as follows:
(a) No more than one sign promoting or identifying the sexually
oriented business shall be allowed on any sexually oriented business
premises.
(b) Off premise signs are prohibited.
(c) No sign on the sexually oriented business premises promoting
or identifying the sexually oriented business shall be allowed to
exceed eighteen (18) square feet.
(d) No animation shall be permitted on or around any sexually
oriented business sign or on the exterior walls or roof of the
premises.
(e) No descriptive art or designs depicting any activity related
to or inferring the nature of the business shall be allowed on any
sexually oriented business sign. The sign shall contain alpha-numeric
copy only.
(f) Signage is limited to one flat wall sign and shall not
project more than twelve inches (12”) from the wall to which it is
attached.
(g) Painted wall advertising shall not be allowed.
(h) Other than the flat wall sign specifically allowed by this
section, sexually oriented businesses shall not construct or allow to
be constructed any other type of sign including those types of signs
listed in Chapter 6 of Riverdale Municipal Ordinance Code, or use any
light or other
location.
device
designed to draw attention to the business
19-32-6. Severability. If any provision or clause of this chapter or
the application to any person or circumstance is held to be
unconstitutional or otherwise invalid by any court of competent
jurisdiction, such invalidity shall not affect other sections,
provisions, clauses or applications herein which can be implemented
without the invalid provision, clause or application, and to this end
the provisions and clauses of this chapter are declared to be
severable.
(Ordinance No. 536, Adopted April 14, 1998)
Chapter 35 - Special Use District-Office Park (OP
19-35-1
Purpose
19-35-2
Objectives and Intent
19-35-3
Permitted Uses
19-35-4
Conditional Uses
19-35-5
Prohibited Uses
19-35-6
Development Standards
19-35-7
Site Coverage
19-35-8
Building Setbacks
19-35-9
Building Height
19-35-10 Screening Walls / Fences / Hedges
19-35-11 Parking
19-35-12 Loading
19-35-13 Driveway and Curb Openings
19-35-14 Landscaping
19-35-15 Hardscape
19-35-16 Substructures; Storage / Refuse Collection, etc.
19-35-17 Signs / Sign Illumination
19-35-18 Lighting
19-35-19 Projections
19-35-20 Grading
19-35-21 Utilities / Equipment
19-35-22 Roof Design
19-35-23 Nuisances
19-35-24 Change of Use
19-35-25.1Riparian Environment
19-35-25.2Weber River Parkway
19-35-26 Architectural Design
19-35-27 Submittal Requirements
19-35-28 Action on Site Plan
19-35-29 Conditional Use Process
19-35-30 Security/ Site Improvements
19-35-31 Guarantees and Covenants
19-35-1. Purpose. The purposes of this Chapter are:
(a) to
establish
locations
within
the
City
which
will
accommodate offices and laboratories for professional persons and
supporting uses; and
(b) to establish regulations for use and development of land
within the City which govern uses, density, open spaces, structures,
buildings,
energy
efficiency,
light
and
air,
air
quality,
transportation, infrastructure, public facilities, vegetation, and
trees and landscaping; and
(c) to meet the purposes of the Utah Municipal Land Use
Development and Management Act, at Utah Code §10-9-102, which are to
provide for the health, safety, and welfare, and to promote the
prosperity, to improve the morals, peace and good order, comfort,
convenience, and aesthetics of the City and its present and future
inhabitants and businesses, to protect the tax base, secure economy in
governmental
development.
expenditures,
and
to
protect
urban
and
non-urban
19-35-2. Objectives and Intent.
The objectives and intent of this
Chapter are:
(a) The objectives of this Chapter are:
(1) to define a range of services and uses which may be
offered by Office Park (OP) entities within the community; and
(2) to establish guidelines for the physical development of
such Office Park (OP) entities and uses; and
(3) to preserve as much of the natural forest and
vegetation, wetlands, and river front as possible.
(b) The intent of these regulations is to establish a standard
for Office Park (OP) development and maintenance which:
(1) Promotes the overall functionality, safety and visual
attractiveness of Office Park (OP) buildings, accompanying
substructures, and surrounding landscape; and
(2) Preserves and enhances the Weber River Parkway as
established in the Riverdale City General Plan, as represented in
Figure 18 of said General Plan, and preserves and enhances such
other open space, passive recreation, and visual enhancement in
the City; and
(3) Promotes development and uses that are in harmony with
the goals and direction of Riverdale City; and
(4) Allows some flexibility of architecture so as to
encourage creativity of design; and
(5) Promotes the successful completion of the development
of an Office Park project, and of the ability of Office Park
entities to succeed; and
(6) Provides for diversity in the tax base of the City; and
(7) Provides for large view corridors between buildings and
structures to allow view of mountain ranges, trees, river areas,
or such areas as may be deemed viable by the Planning Commission.
19-35-3. Permitted Uses. The following is a representative list of
permitted principal uses for the OP Zone, and are subject to the
standards and procedures established in this Title.
(a) Community use, church, public building, library.
(b) Bank, credit union, securities company, or other such
financial institution.
(c) Medical facilities (non-residential), doctor, dentist,
psychologist, psychiatrist, nurse, or physical therapist.
(d) Business, Administrative Offices, professional offices, and
secondary activities, not open to the public, which support or are
accessory to the primary activity of the permitted area, including,
but not limited to, the following:
(1) corporate headquarters offices,
(2) architect,
(3) certified public accountant,
(4) insurance (not claims adjustment), and real estate
services,
(5) attorney,
(6) professional registered engineer or surveyor,
(7) hotel,
(8) golf course / golf driving range.
(e) Permitted Secondary Uses.
Retail and service facilities
within an office building, but limited to only fifty percent (50%) of
the gross ground floor area of the building and uses similar to
barbershop, beauty shop, dining room, restaurant, newsstand, spa /
health club, and retail stores for the sale of books, gifts, flowers,
medicines, sundries.
Such facilities shall not have any customer
entrances directly from the street nor visible from any sidewalk.
There shall be no exterior evidence of such accessory uses such as
signs or display windows.
19-35-4. Conditional Uses. The following is a representative list of
conditional uses for the OP Zone, and are subject to the standards and
procedures established in this Title and the conditional use permit
approval process as set forth in this Chapter at 19-35-29 et seq. Such
operations shall not deal in large volumes of product handling,
storage and distribution; nor shall such operations include on-site
milling, forging, or heavy grinding of parts or similar manufacturing
operations.
(a) Laboratory and research center; including laboratories,
scientific,
medical,
chemical,
applied
physics,
mechanical,
electronic, biological, genetic or other similar experimental
research, project development or testing facilities.
(b) High technology manufacturing and assembly that is clean and
non polluting.
Uses shall include fabricating, processing,
testing, assembling, packaging and manufacture of products which
have a high value in relation to bulk, from previously prepared
materials, but not including uses involving primary production of
wood, metal, petroleum, or chemical products from raw materials.
(c) Parking structure.
(d) Art or music studio.
(e) Dine in restaurant, stand alone, but only allowed with
increased restrictions such as increased set back requirements.
(f) Marketing, telemarketing, and advertising services.
(g) Spas and/or health clubs.
(h) Other Similar and Compatible Uses. Other similar uses not
specifically listed above may be approved by the Planning Commission
and City Governing Body, with the issuance of a conditional use
permit, upon findings that the proposed use most closely fits within
one of the listed categories, and that any expected impacts will be no
greater than that of other uses listed.
19-35-5. Prohibited Uses.
The permitted and/or conditional uses
enumerated above shall not be construed to include, either as a main
or accessory use, any of the following uses. This list of prohibited
uses is intended to be illustrative of the types of uses which are not
allowed.
(a) Terminal, including truck or bus terminals and other
distribution facility.
(b) Food processing operation except as incidental to permitted
restaurant or cafeteria operation.
(c) Sand, gravel, and other extraction mining.
(d)
provided.
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
Manufacturing and assembly operation except as otherwise
Repair establishment (automotive and major equipment).
Junk or salvage yard.
Liquor store, private clubs, bars, taverns.
Cabinet and carpenter shop.
Plumbing or metal shop.
Petroleum storage, sales, processing or production.
Retail sales, except as otherwise specified in this Chapter.
Motor vehicle and recreational vehicle dealerships.
Storage lots or facilities and enclosed storage areas.
19-35-6. Development Standards. Development in an OP zone shall have
the following characteristics:
(a) In order to encourage uses consistent with the purposes of
the Office Park (OP) Zone and to ensure adequate site planning, the
entire zoned area shall be master planned at the time of conceptual and
preliminary site plan approval, even though the entire zoned area may
be developed in phases.
Each phase shall adhere to an approved
original master site plan for the zoned area, except as may be
subsequently amended by approval of the Planning Commission and City
Governing Body.
It is strongly recommended that the zoned area be
under development control of a single person, association, partnership,
or corporation at the time of application for a preliminary master site
plan approval.
(b) Design Controls.
Overall unity of site design shall be
accomplished through:
(1) Architectural harmony of buildings and structures; and
(2) Design integration of the common open space system and
storm drainage system.
19-35-7. Site Coverage. Coverage regulates the area of the site that
may be covered by the building.
Covered walkways, roof structure
overhangs, and other solar protection or aesthetic structural elements
shall not be included in building coverage calculations.
These
guidelines also help protect area dedicated to landscape and parking.
(a) Building and landscape ratios shall be complied with as
follows:
(1) Ground Floor and Parking Ratio.
All combined gross
ground floor areas of buildings or structures and parking areas
for a lot shall not occupy more than sixty percent (60%) of the
total area of the lot.
(2) Landscaped Open Space.
Not less than forty percent
(40%) of the total area of the lot shall be landscaped open
space.
(b) When
covered
parking
structures
are
provided,
such
structures shall cover no more than twenty percent (20%)of the ground
plane.
(c) The maximum height of any given building or structure shall
be three (3) stories above the ground level, except as may be provided
for in Section 19-35-9 of this Chapter.
(d) More than one building may be placed on each lot.
(e) The minimum size of any phase developed within the OP Zone
shall be four (4) acres.
(f) The minimum size of any lot within any phase developed shall
be two (2) acres.
19-35-8. Building Setbacks. It shall be within the authority of the
Planning Commission to determine, for any development in this zone,
which property line or lines shall be considered as side or as rear
lines for the purpose of administering this Chapter.
(a) No building shall be closer to a public street right-of-way
than eighty feet (80’) unless all parking is provided in the rear of
the building, in which case it may be no closer than fifty feet (50’).
(b) The public street right-of-way line shall be considered the
front property line of a lot. Where a lot is bordered on two or more
sides by a public street right-of-way, all such sides shall be
considered as front property lines, and the area between the front
property line and the building lines shall be known as the front
setback area in all cases. Canopies, overhangs, and similar coverings
may project into the front setback area, as much as ten feet (10’), if
approved by the Planning Commission.
(c) Side setback areas shall be a minimum of twenty feet (20’)
including canopies and overhangs except where a side property line
abuts a residential zone, in which case the setback area shall be a
minimum of one hundred feet (100’).
(d) Rear setback areas shall be a minimum of ten feet (10’)
except where a rear property line abuts a residential zone, in which
case the rear setback area shall be a minimum of one hundred feet
(100’).
19-35-9. Building Height.
(a) No building shall be constructed to a height exceeding three
(3) stories with a maximum of fifty-five feet (55’), unless pursuant
to the issuance of a conditional use permit, and upon findings for
good cause, the Planning Commission finds that a taller building would
not adversely affect the character, view values, and peaceful
enjoyment of surrounding properties in and outside the park.
In no
case shall any structure be permitted to exceed five (5) stories above
the ground level.
(b) The height requirements of this section shall apply to all
Office Park (OP) developments, except that after review by the
Planning Commission, the Commission may approve, disapprove, or
approve with modifications the height on each proposed building or
structure in the OP Zone. The decision of the Planning Commission may
be appealed to the City Governing Body.
(c) The City Planning Commission shall take into account the
following criteria when a proposal for height adjustment is requested:
(1) The geographical position of the building or structure
and possible visual effects on existing structures on or off
site; and
(2) Potential problems on neighboring sites caused by
shadows, loss of solar access, loss of air circulation, closing
of views, or ridge line intrusion; and
(3) The influence on the general vicinity including contact
with existing buildings and structures, streets, traffic
congestion and circulation, adjacent open space and adjacent
residential developments; and
(4) In no case will any increase in height be permitted
when the effect of the height increase is to increase the
allowable square footage over that which is, or would be,
possible under normal zone standards.
19-35-10. Screening: Walls / Fences / Hedges. An opaque screen shall
be installed and maintained along all zone boundaries, other than
streets.
The following are acceptable means of providing such
screening:
(a) Walls.
A wall shall consist of concrete, stone, brick,
tile, or similar type of solid masonry material a minimum of eight
inches (8”) thick. All such walls must be landscaped with vegetation
in front of the wall.
(b) Berms. A berm shall be no less than twenty feet (20’) in
width at the base facing any street or property.
It shall be
constructed of earthen material and it shall be landscaped. Grading
of berms is further detailed in Section 19-35-18 of this Chapter.
(c) No signs or sign supports shall be permitted on any required
screening.
(d) Notwithstanding the requirements listed above, where the
finished elevation of the property is lower at the boundary line, or
within five feet (5’) inside the boundary line, than an abutting
property elevation, such change in elevation may be used in lieu of,
or in combination with, additional screening to satisfy the screening
requirements for this zone.
(e) Since walls and hedges are a main visual feature in any
development, regulations related to the placement, size and appearance
of such structures must be enacted.
The following standards shall
apply to the installation of all fences, walls, hedges or other visual
obstructions used for the purpose of screening, either around the
perimeter of the development site or within the development site:
(1) No wall, hedge or other visual obstruction in excess of
six feet (6’) in height shall be allowed on any Office Park
development site, unless along a zone boundary which abuts a
residential zone, in which case the height shall be eight feet
(8’).
(2) When there is a difference in the ground level between
two adjoining lots, the height of any fence, wall, or hedge
constructed along the property line shall be determined by using
the finished grade of the highest contiguous lot.
(3) Only one (1) type of fence or wall design shall be
permitted on any one (1) parcel or development. The design may
include an appropriate mix of materials subject to the guidelines
of these articles and approval by the City Planning Commission.
(4) The use of chain link, barbed wire, wood, electrified
fence, or razor wire fence in conjunction with any fence, wall,
or hedge, or by itself is prohibited, unless required by any law
or regulation of the State of Utah.
(5) On a corner lot, no fence, wall, hedge, sign or other
structure,
shrubbery,
mounds
of
earth,
or
other
visual
obstruction over thirty-six inches (36”) in height above the
nearest street curb elevation shall be erected, placed, planted,
or allowed to grow within a traffic safety sight area.
(6) To protect safe sight distance for vehicular movement,
sight obstructing fences, walls, or other obstructions shall not
exceed thirty-six inches (36”) in height when located in a front
setback.
(7) All walls and fences constructed both around the
perimeter of the development or within the site must be of a
similar material and construction to the primary building.
(8) Wall materials shall consist of masonry construction
finished with a light colored stucco, or mortar washed brick.
(9) If walls are finished in stucco, colors will be limited
to earth tones. No bright or neon colors will be allowed.
(10) Any hedges used as screening shall be consistent in
appearance to the general landscape of the site. Such hedges may
be geometric in shape, but shall be pruned and maintained so as
to avoid unsightly appearance and to avoid vehicular sight
hazards.
(11) Perimeter buffer yards adjoining a residential zone
boundary shall not be less than one hundred feet (100’) deep if
screened with a decorative masonry wall, such yards shall be not
less than one hundred feet (100’) deep with landscape berms at
least six feet (6’) in height.
19-35-11. Parking.
Except as may be provided elsewhere in this
Chapter, there shall be provided at the time of erection of any
building, or at the time any main building is enlarged or increased in
capacity, minimum off-street parking space with adequate provisions
for ingress and egress by standard-sized automobiles.
If any land,
structure or use is changed from one use to another which requires
more off-street parking spaces, there shall be provided such
additional off-street parking for the new use as is required by this
Chapter. All parking structures and facilities shall be on the first
floor of the building or terraced, except for the front side of the
building or structure may have a row of non-terraced parking on the
ground level of the building at the main entrance of the building,
with said ground level parking being hidden or screened from view from
any City street.
(a) Parking Lot Characteristics. Each parcel of land developed
for off-street parking in response to the requirements of this
Chapter shall provide the following characteristics:
(1) Surfacing.
Surfacing shall be hard surfaced and
maintained in good condition and kept clear and in an
unobstructed and usable condition at all times during business
hours. Responsibility for maintenance of the lot shall rest with
the property owner. The lot shall provide adequate access to a
street or alley.
(2) Grading.
Parking lots shall be graded for proper
drainage with surface water diverted in such a way as to keep the
parking area free of accumulated water or ice.
All surface
drainage shall be detained within development site and approved
by City Engineer.
(3) Lighting.
Lots shall be properly illuminated, with
luminaries arranged so as to baffle and direct light away from
any adjoining residential buildings. Lighting details are
specified in Section 19-35-16 of this Chapter.
(4) Size of Spaces. Each parking space shall be a minimum
of nine feet (9’) wide by eighteen feet (18’) long.
(5) Handicapped Parking.
All structures which are
regulated by the provisions of the Uniform Building Code shall
have adaptations which assist access by handicapped persons and
shall, in addition, provide off-street parking for handicapped
persons as required by applicable State or Federal regulations.
(b) Specific Requirements for Each Land Use.
Minimum required
off-street parking shall be provided for each use as listed below.
Requirements calculated on square footage of Office Park (OP) space
shall be based upon floor area devoted to the principal use and shall
not include area devoted to storage, rest rooms, or maintenance areas.
Parking for uses not specifically listed below shall be provided in
the
same
ratio
as
the
use
most
nearly
approximating
the
characteristics of the unlisted use, as determined by the Planning
Commission. Parking shall be provided as follows, with spaces based
upon one or a combination of uses listed:
(1) Parking stalls for all uses shall be 4.5 per 1,000
square feet of building space.
(2) Increase of the minimum may be required by the Planning
Commission or City Governing Body if there is an exceptional need
for said increased parking.
(3) In cases where more parking is appropriate, the
Planning Commission may increase requirements based upon actual
usage by employees and customers.
(4) In cases where the category into which a use should be
placed is unclear, or a use does not conform to any of the above
categories, or the use is allowed under a Conditional Use Permit,
the Planning Commission shall determine the appropriate category
or establish a parking ratio.
(5) In cases where uses occupying the same structure or
within two-hundred and fifty feet (250’) of one another on the
same lot or adjacent lots under the same ownership are uses where
parking demand times do not normally or significantly overlap,
shared parking may be permitted by the Planning Commission. At
the time of site plan review for each development phase, a
precise parking plan shall be submitted showing all parking
spaces, the overall circulation system, an analysis of the
parking demand for the specific land uses proposed, and other
justification as necessary for requesting reductions in parking
space requirements.
(6) No on-street parking shall be permitted in the Office
Park (OP) Zone.
No parking shall be permitted in the minimal
front, side or rear setback areas except:
(i) Where a side or rear setback area abuts a
residential zone, parking may be permitted to within
seventy-five feet (75’) of the zone line, if in the
determination of the Planning Commission the parking will be
necessary only during the normal daytime weekday working
hours.
(ii) Where parking within the front or side setback
areas is adequately separated from public rights-of-way with
continuous landscaping at least twenty feet (20’) wide, less
areas for curb inlets and drive entrances.
(7) Required off-street parking shall be provided on the
site of the use served, or on an alternate site within the same
zone. Where parking is provided on other than the site concerned,
a recorded document shall be filed with the Planning Commission
and signed by the owners of the alternate site, stipulating to
the permanent reservation of use of the site for said parking.
The parking setback restrictions set forth above shall also apply
to contiguous or alternate parking sites.
(8) Parking facilities need not be located in one
consolidated area of a particular site, but may be separated by
landscaping or building elements.
(c) Commercial Vehicle Parking.
(1) Vehicles that display any form of advertising of a
commercial enterprise, including names, phone numbers, logos or
associated artwork, are prohibited from parking in street rightsof-way or private parking lots within public view (visible from a
public roadway).
(2) Parking for commercial vehicles is limited to properly
screened loading areas and other approved off-street parking that
is properly screened from public view.
(3) Commercial vehicles include, but are not limited to,
cars, trucks, vans, trailers, fork lifts, and motorized cycles.
(d) Landscaping of Parking Areas.
(1) Where possible, siting of parking areas lower than
adjacent roadways and continuing streetscape grading, berms,
hedges, and other landscape treatment into parking areas is
encouraged, with intent to reduce their visual impact and to
screen the parking from the adjacent roadway. All parking areas
adjacent to roadways shall require a landscaped berm of width and
height specified in Section 19-35-10 of this Chapter.
(2) A ten foot (10’) wide landscape strip may be required
between every double loaded row of parking. Planting islands
shall be provided throughout the lot at the ends of parking rows.
These strips and islands are to be planted with shade trees, low
shrubs, and ground cover.
Landscaping shall be used to define
circulation routes and separate traffic on site for safety as
well aesthetic purpose.
(3) Protection to landscaping shall be provided.
(4) Screening of Parking Areas. A landscaped berm at least
five feet (5’) high (maximum slope of 1:2.5), or massed plants of
sufficient height shall be utilized to screen and buffer parking
and loading areas from adjoining access streets and lots.
(e) Other Considerations.
(1) Circulation within the parking areas shall provide for
free flow of vehicular traffic. The on-site parking and traffic
circulation plan shall be a part of the traffic impact analysis
required as a part of the preliminary site plan review required
by Section 19-35-28 of this Chapter.
(2) Bicycle parking areas with suitable racks shall be
provided in convenient locations.
(3) The park covenants, conditions, and restrictions may
include policies for a traffic and parking management plan aimed
at encouraging the use of public transportation and car pooling
among the park entity employees.
(4) Any structured parking above the finished ground
elevation shall have the same setback requirements as outlined
for buildings, and shall be architecturally integrated through
use of the same or similar materials, colors, rhythm,
landscaping, etc.
19-35-12. Loading. The following articles apply to the loading and/or
unloading of materials in a Office Park zone:
(a) All loading and unloading operations shall be performed on
the site. Off-street berths shall be provided in addition to required
off-street parking and shall not be located within driveways.
(b) Each loading berth shall not be less than twelve feet (12’)
wide, twenty-five feet (25’) long and if enclosed and/or covered,
fourteen feet (14’) high. Adequate turning and maneuvering space to
be provided within the lot lines.
(c) Such loading areas shall be located away from the public
street to which the use is oriented.
(d) Loading areas should be screened from all public streets.
This shall be accomplished through careful site planning, and the use
of screen walls and landscaping.
(e) In no event shall a loading dock be closer than seventy-five
feet (75’) from a property line fronting upon a street.
(f) Loading berths may be required as follows:
(1) Office Park
and service uses with over ten thousand
(10,000) square feet floor area to be determined by the City
Council upon recommendation of the Planning Commission.
(2) The hours of loading and unloading, including trash
removal, for any business that uses building entrances that face
an adjacent residential zone shall be restricted to the hours
between 7:00 a.m. and 10:00 p.m.
19-35-13. Driveway and Curb Openings.
(a) Unobstructed and direct driveways of sufficient width to
safely accommodate projected 20 year turning volumes as determined by
the Traffic Impact Analysis required by Section 19-35-26
shall be
provided.
Loading driveways may coincide with driveways to parking
facilities.
(b) In establishing permissible curb openings and sidewalk
driveway crossings for access to private property, they shall not be
authorized where they are unnecessary or where they would reasonably
interfere with the movement of vehicular traffic, with public
improvements, or with the rights of the public in the adjacent street
or alley, and in no case shall any curb opening be of greater length
than necessary for reasonable access to the property to be served
thereby.
In determining the length of curb openings and spacing of
driveways, the end transitions in each case will be considered a part
of the length of the curb opening.
(c) Unless otherwise specified by this ordinance, design and
location of access drives shall comply with "Guidelines for Driveway
Location and Design", a Recommended Practice of the Institute of
Transportation Engineers, 1987, or as revised.
(d) The following standards shall apply in determining the size
of curb openings and location of driveways:
(1) Access shall be by not more than one (1) driveway
opening for each two-hundred feet (200’) or fraction thereof of
frontage on any interior street constructed within the OP zone.
(2) Driveway openings shall be offset a minimum of three
hundred and fifty feet (350’) from the centerline of major
arterial at intersections, but in no case shall they be located
within the operational area of the intersection (which includes
turning lanes with associated tapers) as defined in the
"Guidelines" referred to above.
(3) In order to minimize the number of access points from
adjacent interior streets, driveway openings and driveways shall
be shared at property lines between parcels whenever possible.
(4) Driveway design shall incorporate reservoir space or
“throat area” at entrances to provide sufficient queue storage
for exiting vehicles and adequate deceleration distance for
entering vehicles, as well as separating conflict points on site.
(5) Where the construction of more than one curb opening is
required, a concrete safety curb between driveway openings, along
and inside the property line, shall be provided when the property
located between two driveways is used for the purpose of
movement, storage, or parking vehicles.
(6) No driveway opening will be approved which results in
vehicles encroaching on any portion of the street right-of-way
for loading, standing, or unloading.
(7) Driveway openings must serve only legal off-street
parking spaces or loading zones.
(8) Curb openings shall be entirely within the extension of
the side property lines extended perpendicular to the street
center line.
(9) Driveway openings and driveways shall be paved and
shall provide for adequate storm drainage.
(10) Curb returns for driveway approaches shall be of the
radius type and be provided with wheelchair ramps and shall meet
all applicable State and Federal regulations pertaining to access
for the handicapped.
(11) Any unused or abandoned driveway openings or portion
thereof shall be restored to the original curb section at the
expense of the abutting property owner. Upon refusal or neglect
of the owner or agent to restore the curb and gutter to their
original section, the City shall proceed to do such work, and all
expenditures so incurred shall be charged against the owner or
agent.
(12) Improvements within the public right-of-way shall be
designed and constructed in conformance with the applicable
specifications.
All driveway geometries shall be selected to
provide for passage of the American Association of State and
Highway Transportation Officials (AASHTO) design vehicle deemed
to be appropriate to the development. As a minimum, this shall
be an AASHTO single unit truck.
(13) No object shall be so situated as to interfere with the
required sight distance
at intersections, on or off site,
including driveway openings, and intersecting driveways, as set
forth in the AASHTO “Policy on Geometric Design of Highways and
Streets,” latest edition, hereinafter referred to as the AASHTO
Policy on Geometric Design.
(14) Circulation roadways shall also conform to the
requirements of the Uniform Fire Code with regard to providing
emergency vehicle access.
(15) Street cuts on or along dedicated City Streets for
driveways or any other purpose are strictly prohibited in the OP
Zone.
19-35-14. Landscaping. The following guidelines for landscaping shall
apply to all developments within the Office Park (OP) Zone. All
landscaping shall be installed and maintained in conformance with a
landscape plan which has been approved by the Planning Commission and
City Governing Body.
The following minimum standards have been
established to ensure quality and consistent development throughout
the Park.
(a) At the time of preliminary project plan submittal to the
Planning Commission, an overall landscape plan shall also be submitted
showing typical landscaping (including type, size, number and location
of plant materials) for the following areas: park entrances, perimeter
buffers, open space easements and common areas, and streetscape
landscaping.
Detailed landscape plans for individual lots shall be
submitted at the time of project plan approval for individual
buildings.
Landscape improvements for common open space features
shall be developed at each phase of the project. A minimum of forty
percent (40%) of the park and individual lots shall be maintained in
landscaped open space.
(b) Internal circulation roads shall be landscaped with street
trees and streetside planters.
A minimum twenty foot (20’) width
shall be landscaped adjoining the right-of-way of any such street or
road.
The streetscape planting shall be consistent throughout the
park to provide a unifying landscape theme. Details for these areas
shall be submitted with the overall landscape plan at the time of plan
approval.
(c) Existing significant
tree stands, natural vegetation, and
wildlife habitat shall be integrated into the site landscape plan to
the maximum extent possible.
Preliminary plans shall identify all
trees five inch (5”) caliper or larger. No existing trees or natural
vegetation shall be removed prior to approval of the development
plans. Removal of any existing trees or natural vegetation prior to
approval of the development plan may result in a requirement that the
same be restored or repaired by trees or vegetation of equal size and
maturity as a condition precedent to issuance of a building permit by
the City.
(d) Perimeter street trees, and large mature trees shall be
planted along perimeter access street frontages.
(1) These trees shall be three-inch to five-inch (3” to 5”)
caliper trees, planted at least ten feet (10’) from the sidewalk.
The City must pre-approve the planting locations of the trees.
(2) Possible species include: Shademaster Honey Locust,
Sunburst Honey Locust, Little Leaf Linden, or Norway Maple
planted thirty-five feet (35’) on center. The City must preapprove each tree that will be planted.
(e) In order to maintain the park-like atmosphere intended for
an Office Park, thirty (30) trees to the acre shall be used as a
minimum standard in developing the planting plans.
(1) Tree size.
One-third (1/3) of the deciduous trees
shall be 3” caliper or greater, one-third (1/3) of the deciduous
trees shall be 2.1” to 2.5” caliper, and one-third (1/3) of the
deciduous trees shall be 1.5” to 2” caliper.
(2) No deciduous trees less than 1.5” caliper will be
accepted, nor will evergreen trees less than six feet (6’) in
height be accepted. No bare root stock will be accepted.
(3) The following mix of shrub sizes shall be used to
insure a quality landscape: seventy percent (70%) of the shrubs
planted shall be at least five (5) gallon size stock.
Thirty
percent (30%) of the shrubs planted shall be at least one (1)
gallon size stock.
(f) Landscaping shall enhance the overall visual appearance of
the development.
(g) A fully comprehensive landscaping plan shall include, but
not be limited to:
(1) list of plants; and
(2) size; and
(3) location; and
(4) irrigation plan; and
(5) hardscape.
(h) The City requires that landscaping plans be certified by a
registered landscape architect.
(i) When inorganic ground cover is used, it shall be in
combination with live plants.
(j) All plants shall be serviced by an acceptable automatic
irrigation or sprinkler system and maintained in a healthful living
condition. Dead plant materials shall be replaced as necessary in the
first year of planting in accordance with the approved landscaping
plan.
(k) All required landscaping shall be properly installed,
irrigated, and maintained or adequate bonding shall be posted prior to
use inauguration or occupancy.
(l) Maintenance of approved landscaping shall consist of regular
watering, pruning, fertilizing, clearing of debris and weeds, the
removal and replacement of dead plants
in accordance with the
approved landscape plan. Repair and replacement of irrigation systems
and integrated architectural features shall be completed as needed, so
that landscaping is properly maintained.
(m) Front setback area landscaping shall consist of an effective
combination of street trees, trees, ground cover, and shrubbery at
least twenty feet (20’) wide continuously along all public rights-ofway less area for drive entrances.
(n) Other setback areas between the side and rear property lines
and a point ten feet (10’) in back thereof shall be landscaped, except
for any access driveway in said area.
(o) Landscaping
at
intersections
along
all
streets
and
boundaries shall be limited to a height of not more than three feet
(3’) within the area required for minimum sight distance as specified
in the AASHTO Policy on Geometric Design for the following
intersections:
(1) A vehicular traffic way or driveway and a street;
(2) A vehicular traffic way or driveway and a sidewalk;
(3) Two or more vehicular traffic ways, driveways, or
streets.
(p) All unpaved non-parking areas, not utilized for parking and
storage, shall be landscaped utilizing ground cover shrub and tree
materials, and/or dry landscaped materials.
(q) Landscaping in parking areas shall be separated from the
parking area by wall or curb at least six inches (6”) higher than the
parking area.
(r) In all cases of Office Park (OP) development, the total
landscaping shall occupy no less than forty percent (40%) of the total
land area under development.
(s) Existing trees and vegetation on the site shall be included
in the landscape plan and may by considered toward the forty percent
(40%) total landscape requirement.
(t) A perimeter landscape strip at least twenty feet (20’) wide
shall be placed around all buildings.
(u) A limited amount of xeriscape landscaping is encouraged to
provide an orderly visual transition to the natural habitat.
Plans
for such shall be presented to the Planning Commission for approval
along with the master landscape plan.
19-35-15. Hardscape.
(a) Hardscape should be used in coordination with architecture
and landscaping to provide a link between the street edge and
individual developments.
Attention to hardscape details can create
visual unity by relating different developments to a unifying theme.
In addition, proper hardscaping can improve pedestrian safety and
movement, and the visual enjoyment of public areas.
(b) Hardscape can include such items as benches, sculptures,
water fountains, enriched paving treatments, cobblestone walkways,
etc.
A detailed plan of hardscape design shall accompany landscape
plans and shall be subject to review by the City Planning Commission
to determine continuity with overall development plan and harmony with
the development of surrounding properties.
19-35-16. Substructures, Storage / Refuse Collections, Flags and Flag
Poles, Etc.
(a) The following articles shall relate to the screening and
location of storage and refuse collection areas:
(1) All outdoor storage including vehicle storage shall be
visually screened from access streets, freeways, and adjacent
property. Said screening shall form a complete opaque screen six
feet (6’) in vertical height.
(2) No storage shall be permitted between a street and the
building line. Furthermore, no outdoor storage shall be located
within one hundred feet (100’) of any residential use.
(3) All outdoor refuse collection areas shall be visually
screened from access streets and adjacent property by a complete
opaque screen. Property owner(s) and/or manager(s) in an Office
Park Zone shall be responsible for the abatement, clean-up and
removal of all garbage or refuse thrown, placed, or blown on
surrounding property or streets or rights-of-way. Every effort
shall be made by said owner and/or manager to avoid the spread of
such refuse or garbage to the surrounding area.
Violations of
this section will be prosecuted pursuant to the City’s Nuisance
Ordinance.
(4) No refuse collection areas shall be permitted between a
frontage street and the building line. No refuse collection area
shall be located within one hundred feet (100’) of any
residential use.
(5) Refuse removal, trash collection, and lot sweeping
shall occur between the hours of 7:00 a.m. and 10:00 p.m.
(6) Free-standing flagpoles may not exceed forty feet (40’)
and the flag shall be a standard size outdoor flag.
(b) Storage.
(1) All substructures erected for the purpose of screening
storage
areas
shall
be
accomplished
with
materials
and
architecture which are compatible with that of the primary
building structure.
(2) There shall be no visible storage of motor vehicles,
trailers, airplanes, boats, or their composite parts; loose
rubbish, garbage, junk, or their receptacles; tents, or building
materials.
(3) Building materials for use in the same premises may be
stored on the parcel during the time that a valid building permit
is in effect for construction.
(c) Refuse.
(1) Every parcel with a building or structure shall have a
trash receptacle on the premises. The trash receptacle shall be
of sufficient size to accommodate the trash generated.
(2) The refuse collection area shall be located upon the
lot so as to provide clear and convenient access to refuse
collection vehicles.
(3) The receptacle shall be screened from public view on at
least three (3) sides by a solid wall six feet (6’) in height and
on the fourth side by a solid gate not less than five feet (5’)
in height.
The gate shall be maintained in working order and
shall remain closed except when in use. The wall and gate shall
be architecturally compatible with the surrounding buildings and
structures.
(4) Freestanding refuse containers in retail or public
areas which are intended for public use shall be constructed of
cast concrete, ceramic or wrought iron, with an inset for a trash
can and shall be constructed so as not to allow dispersal of the
container or trash by the strong winds common to the area. The
containers shall be natural in color and/or of a design
commensurate with surrounding architectural themes.
19-35-17. Signs / Sign Illumination.
(a) Purpose. The purpose of this section is to:
(1) Maintain
and
enhance
the
City's
appearance
by
regulating the design, character, location, size, color,
illumination and maintenance of signs in an Office Park (OP)
Zone; and,
(2) Minimize the possible adverse effects of signs on
nearby public and private property.
(b) General Regulations. The following articles shall serve as
guidelines for any sign erected in the Office Park Zone.
(1) All signage shall be installed and maintained in
accordance with the standards contained herein and with the
standards included in the park’s private covenants, conditions
and restrictions. The owners of the park shall submit a signage
plan to the Planning Commission and City Governing Body for
approval prior to installation of any signs.
(2) All signs shall be constructed, mounted or attached in
a safe and secure manner.
(3) Only The following types of signs shall be permitted:
(i) Identification
signs.
Only
one
(1)
sign
displaying the name and address may be installed at each
entrance to the park.
Such signs shall not exceed sixtyfour (64) square feet in sign copy area, although the
monument may be larger. Such signs shall be set back from
street right-of-way lines at least twenty-five feet (25’).
This is to be a monument sign on footings and foundation,
and shall be an integrated architectural feature of the
Park.
Pole mounted signs shall not be permitted.
Back
lighting or spot lighting of the sign face is permissible.
(ii) Monument signs.
Only one (1) free standing
monument identification sign shall be permitted per lot
frontage on interior streets. Such signs shall not exceed
thirty-two (32) square feet in area. Their maximum height
above street grade shall not exceed five feet (5’).
Such
signs shall be set back from street right-of-way lines at
least twenty-five feet (25’).
(iii)
Building Wall Signs.
Only one (1) building
identification sign shall be permitted for each building and
shall be installed below the roof line.
Such signs shall
not exceed forty-eight (48) square feet in total area as
measured by a rectangle around the outside of the lettering
and/or the
pictorial symbol and calculating the area
enclosed by such a line.
The sign shall not project more
than twelve inches (12”) from the face of the building.
Painted wall signs shall not be permitted.
Only back-lit
electronic signs shall be permitted.
(iv) Real Estate Signs shall be in compliance with the
Riverdale City Sign Ordinance
(v) Construction Project Signs shall be in compliance
with the directives of the Riverdale City Building
Inspector.
(vi) Directional Signs may be erected for the purpose
of facilitating or controlling the efficient or safe
movement of pedestrians or vehicles on or into private
property, and shall be located on the properties to which
they pertain. No such sign shall exceed six (6) square feet
in area and three feet (3’) in height.
(4) All signs shall include wording and/or pictures that
conform to high community standards.
Lettering shall be
sufficiently large to be read at posted maximum speeds so as not
to cause a traffic hazard.
(5) Signs shall not be allowed on any property in the
Office Park (OP) Zone without a current Riverdale City sign
permit.
(6) Signs in a Office Park Zone are prohibited except as
outlined in this Chapter and which have been specifically
approved by the Planning Commission.
(7) No flag flying from a flag pole shall be used as an
identifying sign or business advertisement.
(8) Size.
Window sign(s) shall not be placed in or upon
any window of any structure in the Office Park Zone that obscures
more than five percent (5%) of the total transparent area of any
window.
(9) Sign Lighting.
(i) Lighting of a wall mounted business identification
sign is allowed only from the rear of the sign.
(ii) The brightness shall not exceed a reasonable
level, to be determined by the City Planning Commission.
(10) Relationship to Buildings:
Signs shall be compatible
with the predominant visual elements of the building, including
but not limited to construction materials, color or other design
features.
Signs in the Office Park Zone, offices, and other
similar facilities shall be part of a sign program and shall
provide a compatible visual design common in theme to all
applicable buildings and uses.
(11) Relationship to Other Signs. Where there is more than
one (1) sign, all signs shall be complementary to each other in
the following ways:
(i) Type of construction materials; and
(ii) Letter size, color and style of copy; and
(iii) Method used for supporting sign (wall or ground
base); and
(iv) Shape of signs and related components; and
(v) Method of illumination.
(12) Landscaping.
Each monument sign shall be located
within a planted landscaped area which is of a shape and design
that will provide a compatible setting and ground definition to
the sign, incorporating the following ratio of landscape area to
total sign area:
four (4) square feet of landscaped area for
each square foot of sign area (one side only).
(13) Relationship to Streets.
Signs shall be designed to
provide an unobstructed clear view of the public right-ofway to any pedestrian, bicyclist, or motor vehicle driver.
Signs shall not interfere with the intersection sight
distance requirements of the Riverdale City Ordinances.
(14) Any permitted tower, monopole, or antenna shall conform
with Chapter 31a of this Title.
19-35-18. Lighting. The following articles shall relate to guidelines
for exterior lighting of all Office Park development. These articles
relate to parking lighting, sign lighting, architectural lighting,
safety lighting, and landscape lighting.
(a) Lighting shall be stationary.
No lighting shall blink,
flash, or be of unusually high intensity or brightness.
(b) Lighting shall be directed away from all adjacent properties
and public streets and rights-of-way.
(c) Lighting shall be shielded or recessed so that direct glare
and reflections are contained within the boundaries of the parcel.
(d) Parking light standards shall not exceed thirty feet (30’)
in height or the height of the primary building, whichever is less.
(e) Street lighting and parking lot lighting contribute to the
safety and security of each development, improving night visibility.
Unique lighting fixtures may provide easy identification of entrance
and exit ways for motorists.
Such lighting shall be encouraged,
however, lighting potentially visible from adjacent properties shall
be subdued and shall not interfere with vehicular traffic.
(f) Use of mercury vapor or exposed fluorescent lights is
discouraged.
Energy efficient warm, white lighting, such as high
pressure sodium or quartz halogen, is encouraged.
(g) Automatic timers on lighting shall be encouraged.
Well
designed systems can maximize personal safety during nighttime use
while saving energy.
(h) Lighting may be used to enhance landscaping and reinforce
architecture, with dramatic up lighting or wall shadow effects with
plant materials encouraged.
(i) Parking lot light fixtures shall be consistent in styling
with the design theme proposed for that development.
(j) Service area lighting shall be contained within service yard
boundaries, with light sources concealed.
(k) Lighting shall not cast any glare onto adjacent lots and
streets in such a manner as to decrease the safety of pedestrian and
vehicular movement.
(l) Building illumination and architectural lighting shall be
creative and must reinforce the design theme. Indirect wall lighting
or "wall washing," overhead down lighting, or interior illumination
which spills outside is encouraged.
(m) Architectural lighting is encouraged to articulate the
particular building design.
Rim lighting of eaves, bending, up
lighting, and other effects shall be used in harmony with design
theme.
(n) Architectural lighting shall be integrated with building
elements and concealed flush with grade wherever possible so that it
is not visually apparent during the daytime.
19-35-19. Projections.
The following list represents the only
projections/construction that shall be permitted within the required
setback areas:
(a) Front Setback. Roof overhangs.
(b) Rear / Side Setbacks. Roof overhangs, and any projection /
substructure which is determined by the Planning Commission to
substantially contribute to public safety.
19-35-20. Grading. The following guidelines shall apply to grading of
Office Park Zoned properties:
(a) Grading shall conform to natural topography as much as
possible and result in a harmonious transition of the man-made
grades with the natural terrain.
(b) Man-made land forms shall be graded to avoid unnatural sharp
or straight edges and planes. The top and toe of graded slopes shall
be rounded to avoid a harsh machine-made appearance.
(c) Parking lots shall be graded for proper drainage with
surface water diverted in such a way as to keep the parking area free
of accumulated water, snow, or ice.
All surface drainage shall be
contained within development site and approved by City Engineer.
(d) Parking lots shall have minimum and maximum percent grades
as set forth by the City Engineer.
(e) Berms are to be graded in gentle, undulating naturalistic
forms. No straight,
steep or erodible slopes are permitted.
Provisions are to be made for drainage around or through berms as
necessary. Generally, a berm height of thirty-six inches (36”) from
top of adjacent curb is the maximum desired.
19-35-21. Utilities / Equipment. The following articles shall relate
to the installment, location and screening of utilities and other
exterior equipment:
(a) All utilities, including drainage systems, sewer, gas and
water lines, electrical, telephone and communications wires, and
related equipment, irrigation ditches and/or pipes, shall, where
possible, be installed and maintained underground.
(b) No mechanical equipment (including, but not limited to,
components of plumbing, processing, heating, cooling, and ventilating
systems) shall be visible on site or from adjacent property.
(c) No exterior components of such mechanical equipment (e.g.
piping, stacks and duct work, fans, compressors, antenna and satellite
dishes) shall be mounted on any building wall unless they are an
integrated architectural design feature.
Any such components shall
only be permitted with the written approval of the City Planning
Commission.
(d) Roof mounted mechanical equipment, antenna and satellite
dishes shall be hidden from view by building parapets of equal height.
(e) If building parapets do not provide adequate screening of
mechanical equipment from the upper floors, screening shall be
installed as an integral part of the overall architectural design, and
painted such a color as to allow its blending with its visual
background.
(f) Equipment and mechanical devices shall not be located in any
required setback area or side yard except for electrical or telephone
equipment installed by the utility companies. Screening shall be
provided so that equipment located in the area is screened from view
from all adjacent streets and properties. Such screening shall be
accomplished with materials and designs that are compatible with the
architectural character of the building.
(g) Electric transformers, utility pads, cable television and
telephone boxes shall be located out of public rights-of-way and
underground or screened with walls, fences or vegetation or otherwise
enclosed in a manner harmonious with the overall architectural theme.
(h) Each licensed business will provide public rest rooms of
sufficient size to service potential customers including men and
women.
The rest rooms shall be designed in accordance with the
Uniform Building Code to accommodate handicapped persons.
19-35-22. Roof Design.
The following articles shall apply to roof
structure and design in any Office Park development:
(a) The following roofing materials are prohibited, either
because of their appearance, or because they are not likely to perform
satisfactorily in the climate of Riverdale City:
(1) Untreated aluminum or metal (except that copper may be
used);
(2) Reflective materials;
(3) Brightly colored roofing materials such as bright red,
blue, yellow, neon colors, or similar colors that are highly
visible;
(4) Windows, roofs, and lights shall not conflict with
overhead aircraft operations.
(b) Skylights and solar panels shall be designed to fit flush
with the roof’s surface, or up to a maximum of two feet (2’) above the
roof's surface. No reflective materials may be used unless thoroughly
shielded to prevent reflection into nearby properties.
19-35-23. Nuisances.
(a) Property in an Office Park (OP) Zone shall not be used in
such a manner as to create a nuisance to any adjacent sites, such as,
but not limited to, vibration, sound, electromechanical disturbance
and radiation, electromagnetic disturbance, air or water pollution,
dust, emission of odorous, toxic, or noxious matter, or placement,
dumping or blowing refuse, paper or other garbage.
(b) Noise Attenuation. All Office Park Zones shall be subject
to the following noise limitations:
(1) Noise from external sources may not exceed 65 d.b.a.
during daylight operations.
(2) Noise from external sources may not exceed 45 d.b.a.
during nighttime operations.
(3) Office
Park
developments
shall
incorporate
site
planning techniques in order to reduce resident exposure to
noise, and shall, if deemed needed by the Planning Commission,
provide adequate sound attenuation walls in conformance with the
standards set forth in these articles.
(4) Outside speakers, pagers, and sound systems of any kind
or nature whatsoever are strictly prohibited in the Office Park
Zone.
(5) All noise levels shall be measured at the source of the
noise.
19-35-24. Change of Use.
Any person who desires to occupy vacant
floor space, or to change the use of floor space, is required to first
obtain a certificate of occupancy from the City.
Any person
constructing or altering a building in the Office Park (OP) zone shall
first obtain a building permit from the City for such construction or
alteration, and then shall obtain a certificate of occupancy from the
City before the building being constructed or altered is occupied.
19-35-25.1.
Riparian Environment.
All buildings and structures
located in any OP zone established south of Riverdale Road shall be
positioned, separated, and constructed in such a manner as to allow
for view of and protection of the riparian environment and the Weber
River channel. Setbacks shall be required that protect and preserve
the riparian environment of the Weber River.
(a) All new developments shall be located and designed to
promote flood protection, fish & wildlife protection, recreation, and
protection of the riparian environment of the Weber River.
(b) The riparian environment of the Weber River shall begin at
and include the area of the high water mark of the Weber River bank
and extend inland fifty feet (50’) from said mark.
The riparian
environment shall be used for wetlands preservation, wildlife habitat,
natural habitat, and integration into an urban trail system. The
riparian setbacks land and water area are land strips of rooted
vegetation (trees, grasses & shrubs) used for protection of banks
and/or wildlife habitat and shall be maintained where in existence or
where created where none existed.
19-35-25.2.
Weber River Parkway.
The Weber River Parkway is the
100 Year Flood Plain boundary as modified and identified by the City’s
Land Use Master Plan and such is established as the Weber River
Parkway, and that it be used for potential wetlands preservation,
flood plain control, natural habitat preservation, and parkway
preservation for the urban trails system. The Weber River Parkway
could serve as the spine for the Urban Trail System. Riparian setback
lands shall be protected as follows:
(a) Screening Requirements.
Parking areas located between the
structure and the Weber River shall be screened from view from the
Weber River Parkway and the Weber River.
(b) Minimum Setbacks. The Weber River Parkway setback shall be
the modified FEMA FIRM flood plain map as adopted in the City General
Plan and as established by the City Engineer as evidenced by an
official map to be maintained at the City Building and Zoning office
for public inspection and scale measurement during normal business
hours.
Should the aforementioned flood plain line be less than one
hundred feet (100’) from the high water mark of the river bank, then
said setback shall be no less than one hundred feet (100’) from the
said high water mark. The setback shall be the greater of the flood
plain line or the one hundred feet (100’).
19-35-26. Architectural Design.
Prior to the issuance of building
permits for any permitted or conditional use within the Office Park
Zone, the Planning Commission shall review the proposed development
plans to assure compliance with the architectural design guidelines
provided in this and other chapters of Title 19.
(a) Overall Architectural Outline.
(1) The proposed development shall be of a quality and
character which is consistent with the community design goals and
policies including but not limited to: scale, height, bulk,
materials, cohesiveness, colors, roof pitch, roof eaves, and the
preservation of privacy.
(2) The design shall improve community appearance by
avoiding excessive variety and monotonous repetition.
(3) Proposed signage and landscaping shall be an integral
architectural feature which does not overwhelm or dominate the
structure or property.
(4) Lighting shall be stationary and deflected away from
all adjacent properties and public streets and rights-of-way.
(5) Mechanical
equipment,
storage,
trash
areas,
and
utilities shall be architecturally screened from public view.
(6) With the intent of protecting sensitive land uses, any
proposed design shall promote a harmonious and compatible
transition in terms of scale and character between areas of
different land uses.
(7) All building elevations shall be architecturally
treated.
(8) Parking structures shall be architecturally compatible
with the primary structure.
(9) Both sides of all perimeter walls or fences shall be
architecturally treated.
(10) The rest rooms shall be designed in accordance with the
Uniform Building Code to accommodate handicapped persons.
(b) Architectural Guidelines.
The following architectural
design guidelines apply to all permitted and conditional uses in
the Office Park Zone:
(1) Colors shall be limited to soft shades and/or earth
tones. No bright or neon colors shall be allowed on exterior of
buildings or structures.
(2) Glass exteriors of buildings shall be allowed as long
as they are in keeping with the overall professional appearance
of the Office Park.
19-35-27. Submittal Requirements.
All buildings and structures
proposed for development under this Chapter shall be subject to a site
plan review process as adopted by the City. There shall be submitted
to the Planning Commission a master plan for the development of the
entire zone and for the development of each lot for the purposes of
meeting the requirements set forth in this chapter. Said plan shall
be accompanied by information concerning the number of persons to be
employed, the effects on surrounding property, and other physical
conditions, including the effect of the project on adjacent streets
and shall include the following:
(a) A site plan showing lot lines and defining the area to be
occupied by buildings, the areas and configurations to be used for
parking, the location of roads, driveways, signs, and walks, the
spaces for loading, and the character and extent of landscaping,
planting and other treatment for adjustment to surrounding property.
(b) Enough information on land areas adjacent to the proposed
development to indicate adjacent land uses, zoning classifications,
circulation systems, public facilities, and unique natural features of
the landscape.
(c) Elevations and/or architectural renderings of building
facades facing public rights-of-way and zone boundaries where the
premises abut areas zoned for residential uses, said elevations or
renderings being sufficiently complete to show building heights and
roof lines, the location and height of any walls, signs, and light
standards, openings in the facade, and the general architectural
character of the building.
(d) Any additional information as required by the Planning
Commission to evaluate the character and impact of the proposed
development.
(e) Additional requirements associated with a Conditional Use
Permit application, see General Provision Section.
19-35-28.
(a)
shall be
receiving
Development Approval Procedures.
Application Presentations. Site plan or zoning applications
presented in the following order with no two presentations
approval on or at the same Planning Commission meeting.
(1) Conceptual approval.
A black and white master site
plan is required.
Said black and white master site plan shall
include a layout of the entire development, building footprints,
and black and white sketch drawings of landscape and hardscape.
The conceptual master site plan shall be submitted to the
Planning Commission outlining the concept of the overall
development.
The Planning Commission shall forward the
conceptual master site plan with recommendations to the Governing
Body for its consideration.
(2) Preliminary approval. This process is required for each
phase of the development. A colorized preliminary phase overlay
site plan shall be required and shall include the following:
(i) A complete and accurate legal description of the
real property which is the subject of the development. If
the developer is not the property owner, he shall also
provide written proof that he has sufficient legal claim on
the property, each parcel therein, to proceed with
development plans. Such proof may be in the form of options,
deeds or contracts on which the developer shall be entitled
to black out confidential information such as the amount of
consideration paid or periodic payment amounts.
(ii) Phase overlay property must be held in single
ownership or control during development to provide for full
supervision and control of said development, and to insure
conformance with these provisions and all conditions imposed
upon the preliminary and final development plans. Proof of
individual
ownership,
partnerships,
corporations,
and
development agreements approved by the City, shall satisfy
these requirements.
(iii) A preliminary subdivision plat, if the site is
being divided, or a record of survey plat for condominium
ownership.
The size of each lot shall be noted on the
subdivision plat.
(iv) A preliminary utility plan showing the manner in
which adequate sewage disposal and water are to be provided
to the site, including the point from which said services
are to be extended.
(v) A preliminary grading and drainage plan including
drainage detention basins.
(vi) A preliminary landscaping plan showing typical
landscaping (including type, size, number and location of
plant materials) for the following areas: entrances to the
development, perimeter buffers, open space easement and
common areas, and streetscape landscaping.
(vii) Parks, common open spaces and other public or
private recreation facilities and improvements proposed
within the development.
(viii) Proposed circulation pattern including private
driveways, public and private streets and pedestrian paths.
(ix) A draft declaration of covenants, conditions and
restrictions.
(x) Topographic maps of the entire site, including
contour intervals no greater than two feet (2’).
(xi) A traffic circulation study for both internal and
external traffic flow associated with the phase overlay
plan.
(xii) A market study establishing demand in terms of
floor space requirements and number of employees.
(xiii) Any other special study deemed necessary by the
Planning Commission to enable them to asses the merits of
the request and its impacts on the community.
(xiv)
If applicable, a phasing plan including a
construction timetable for all phases.
(xv) Failure to submit phase overlay plans within two
(2) years of the approval of the master conceptual plan
shall be sufficient cause for the Planning Commission to
initiate a review of the phase overlay plan, at the
discretion of the Planning Commission, to consider action to
reverse or modify prior approvals.
(xvi) The Planning Commission may hold a public hearing
on the proposed preliminary plan.
(xvii) All preliminary approved plans shall run with
the land. A new owner of the lot may apply to the Planning
Commission for plan revision. However, revision application
must establish to the satisfaction of the Planning
Commission that the revision furthers the goals and
objectives of the OP zone ordinance.
(3) Final approval. Final phase overlay site plan approval
shall be required, and shall reflect all items approved at the
preliminary plan stage and shall be approved by the Planning
Commission and City Governing Body before any plats are recorded
or building permits are issued.
(b) Hearing Procedure.
Any person may appear in person, by
agent or attorney at any meeting of the Planning Commission.
The
order of procedure in the hearing of each application shall be as
follows:
(1) Presentation by the planning staff of the application,
including recommendation. Presentation shall include the reading
of pertinent written comments or reports concerning the
application.
(2) Presentation
by
applicant
or
applicant’s
agent.
Presentation time may be limited by the Planning Commission prior
to or during applicant’s presentation.
(3) Witnesses in favor of application.
(4) Witnesses against application
(5) Rebuttals by invitation of the Chair.
(c) Decisions.
Decisions of the Planning Commission shall be
final at the end of the meeting at which the matter was decided. The
site plan then must be considered by the City Governing Body.
Findings necessary to grant approval for the site plan are:
(1) The proposed use and development of land conforms to
the provisions of this chapter, and recommendations of the City
Planner, Zoning Administrator and City Engineer.
(2) The development is otherwise not detrimental to the
public health, safety, general welfare, or to adjacent property,
or to the orderly development of the City.
(3) Approval of a traffic impact analysis (TA) for the
proposed
development,
to
be
completed
by
a
competent
transportation engineer at the developer's expense.
Said TA
shall, at a minimum, address the suitability of the proposed
parking, street access, driveway, and on-site traffic circulation
systems and the impact on the adjacent street system.
(4) Demonstration that adverse impacts on neighboring
residential properties have been reasonably mitigated.
(5) Demonstration that adverse impacts on the environment
have been reasonably mitigated.
19-35-29. Conditional Use Process.
The following shall be the
conditional use approval process to be used in determining whether or
not a conditional use may be granted in the Office Park (OP) Zone:
(a) Conditional Use Permit. A conditional use permit shall be
required for all conditional uses provided for in this Chapter at
19-35-4 et seq. A conditional use permit may be revoked by the
Governing Body after review and recommendation by the Planning
Commission, upon failure to comply with the conditions imposed with
the original approval of the permit.
(b) Review procedure.
(1) Application for a conditional use permit shall be made
to the City Planning Official for staff review and subsequent
recommendation to the Planning Commission.
(2) Detailed location, site, and building plans shall
accompany the completed application form(s) provided by the City.
Following a review by City staff, the Planning Official may make
recommendation to the applicant as may be appropriate.
(3) The
application,
together
with
all
pertinent
information, may be considered by the Planning Commission within
a reasonable period of time following the submission of the
application to the City Planning Official.
(4) The Planning Commission may call a specific hearing on
any application after adequate notice if it is deemed in the
public interest.
A record of the hearing together with a
recommendation for denial or approval of the conditional use
permit with conditions of approval or reasons for denial shall be
forwarded to the City Governing Body prior to the consideration
of the application by the Governing Body.
(5) The Planning Commission may deny or recommend approval
of a conditional use to be located within the OP zone.
In
recommending approval of a conditional use, the Planning
Commission shall impose such requirements and conditions
necessary for the protection of adjacent properties and the
public welfare.
(6) The Planning Commission shall recommend approval of a
conditional use permit when evidence is presented to establish:
(i) That the proposed use of the particular location
is necessary or desirable to provide a service or facility
which will contribute to the general well-being of the
community; and
(ii) That such use will not, under the circumstances of
the particular case and the conditions imposed, be
detrimental to the health, safety, and general welfare of
persons nor injurious to property or improvements in the
office park, but will be compatible with and complementary
to the existing surrounding uses, buildings, and structures
when considering traffic generation, parking, building
design and location, landscaping and signs; and
(iii) That the proposed use conforms to the goals,
policies and conditions specified in this Chapter for such
use; and
(iv) That the proposed use conforms to the goals,
policies and governing principles and land use of the
General Plan for Riverdale City; and
(v) That the proposed use will not lead to the
deterioration of the environment, or ecology of the general
area, nor will it produce conditions or emit pollutants of
such a type or of such a quantity so as to detrimentally
effect, to any appreciable degree, public or private
property including the operation of existing uses thereon,
in the immediate vicinity of the community or area as a
whole.
(7) A denial of the application by the Planning Commission
may be appealed to the Governing Body by filing such written
appeal within 10 days after the date of the notice of decision
sent to the applicant. The Governing Body may uphold or reverse
the decision of the Planning Commission and impose any additional
conditions that it many deem necessary in granting an appeal.
The decision of the Governing Body shall be final.
(8) Upon receipt of the record of the Planning Commission’s
recommendation, the Governing Body may reject, accept, or modify
the Planning Commission’s recommendation.
The decision of the
Governing Body shall be final.
(9) Upon receipt of final approval from the Governing Body
for a conditional use permit, the developer shall take such
permit to the Building Inspector. The Building Inspector shall
insure that development is undertaken and completed in compliance
with said permit and conditions pertaining thereto.
(10) Unless there is substantial action taken under a
conditional use permit within a period of one year of its
issuance, as determined by the Planning Commission, the
conditional use permit shall expire. The Planning Commission may
grant a maximum extension of six (6) months under exceptional
circumstances.
19-35-30.
following
Riverdale
(a)
Security - Site Improvements / Project Completion. The
articles shall apply to all Office Park developments within
City.
Site Improvements.
(1) Guarantee.
To guarantee the construction, repair
and/or replacement of required public improvements in each phase,
the permittee shall post a guarantee either in the form of an
escrow cash deposit or irrevocable letter of credit. The amount
of the guarantee shall be the greater of One-Thousand Dollars
($1,000.00)
or
125%
of
the
reasonable
construction
or
installation costs of each of the following that is applicable to
the project:
(i) Curb, gutter, and sidewalk;
(ii) Storm drainage system;
(iii) Asphalt paving;
(iv) Fire hydrants;
(v) Fencing;
(vi) Landscaping and sprinkling systems;
(vii) Water and sewer lines;
(viii) Driveway approaches;
(ix) Any other required improvements.
(2) Calculation.
In calculating the amount of the
guarantee, the City Engineer may accept the amount specified in a
construction bid as the reasonable cost of the improvements.
(3) Damage.
This site improvement guarantee shall also
guarantee the repair or replacement of any public improvements
damaged by the contractor or owner or their agents during
construction. The City shall notify the owner and/or contractor
of any such damage and shall require repair or replacement of the
damaged public improvements within a reasonable time. Upon the
failure of the owner or contractor to make the specified repairs,
the City may take whatever legal action it deems appropriate,
including foreclosure on the guarantee, to secure the repairs.
(4) Guarantee Release.
A guarantee shall not be released
until all improvements are completed and accepted by the City and
a final certificate of occupancy is issued.
(b) Project Completion.
(1) Security Required. In order to protect the City from
the financial burdens resulting from damage to or increased
maintenance cost for City facilities that may occur as a result
of incomplete or inadequate site improvements on private
construction projects, the City requires that developers either
complete all site improvements prior to occupancy or inauguration
of use, or, if that is not possible, that adequate financial
security for that completion, together with a right of entry to
the property to complete that work be granted to the City.
(2) Construction According to Approved Plans.
All
construction shall be completed according to the approved plans
on which the building permit was issued. The approved plans shall
also include the site improvements shown on the site plan.
Deviations from the approved plans must be approved in advance by
the City Planning Commission.
(3) Security for Completion.
No certificate of occupancy
will be issued unless the building and all required site
improvements are completed, or the developer has provided
adequate
security
to
guarantee
completion
of
the
site
improvements. When the site improvements and the building cannot
be completed simultaneously due to weather conditions or other
factors beyond the control of the developer (excluding financial
inability to complete the project) the City may issue a
certificate of occupancy or use inauguration for the project,
provided the following conditions are met:
(i) The building, buildings, or portions thereof, to
be occupied have been constructed in accordance with the
approved plans for those buildings and are in full
compliance with applicable building and fire codes, and are
completed to the extent that only exterior site improvement
work remains unfinished; and
(ii) The Building Inspector determines that occupancy
of the buildings, or portions thereof, prior to completion
of required site improvements, is safe and that access for
emergency vehicles is adequate with the site improvements
unfinished; and
(iii) The developer posts adequate security for the
benefit of the City to insure completion of the site
improvements in full compliance with the approved plans
within one year from the date of occupancy or inauguration
of use.
(4) Amount of Security.
The amount of security to be
posted by the developer shall be determined by the City Engineer,
and shall be equal to 125% of the amount reasonably estimated by
the Engineer as being necessary to complete remaining site
improvements as shown on the approved plans. In the event that
the developer disputes the cost estimate of the Engineer, the
developer may prove a lower construction cost by providing
binding contracts between the developer and contractor or
subcontractor appropriate to perform the required work at a
stated, fixed price. Bid proposals are not satisfactory for this
purpose. If the contracts submitted are acceptable in form, the
amount of security required shall be 125% of the total contract
price of all such contracts submitted, plus 125% of the estimated
reasonable cost of performing any work not covered by the
contracts.
Specifications
in
such
contracts
shall
be
sufficiently clear to identify the work called for under the
contract.
(5) Terms of Security.
The terms of any security
arrangement offered to the City shall state a date certain by
which the developer agrees to have site improvement work
completed in accordance with the plans, and further provide that,
in the event that the developer has not completed required site
improvement work by that date, the City may, at its option and on
its schedule, draw on the funds escrowed, or credit established,
or such other security device by its own act, and shall not be
required to obtain consent of developer to withdraw funds for
completion of the work shown on approved plans.
The City's
actual costs in administering the completion of work in the event
of a default by the developer shall be reimbursed from the escrow
or other security arrangements.
(6) Form of Security.
Security arrangements offered in
lieu
of
simultaneous
completion
of
buildings
and
site
improvements shall be in one or more of the following forms:
(i) An irrevocable letter of credit from a bank
authorized to do business in the State of Utah, naming
Riverdale City Corporation as the payee of funds drawn
against that letter of credit and guaranteeing the
availability of funds for one year; or
(ii) A deposit of cash with a third party escrow
acceptable to the City.
(7) Payment of Interest.
Any interest accruing on escrow
funds shall, unless expended for completion of site improvements
required, inure to the benefit of the developer upon release and
the use of land, not to the City.
(8) A development agreement shall be prepared between the
City and the developer outlining the terms and conditions of the
Site Plan approval.
19-35-31. Guarantees and Covenants.
(a) Prior to or in conjunction with submission of a final
development plan for the first building or first phase of any Office
Park (OP) development, a Declaration of Covenants, Conditions, and
Restrictions for said development shall be submitted to and be
approved by the Riverdale City Planning Commission and shall be
recorded with the County Recorder of Weber County. Said declaration
shall contain guarantees for the perpetual maintenance of all common
open spaces within the Office Park (OP) development, and shall assure
compliance with the following standards to promote the health, safety,
and general welfare and property value within the development and in
the general area.
(b) The following assurances and standards shall be included
within the Declaration of Covenants, Conditions, and Restrictions
recorded in conjunction with any Office Park (OP) development:
(1) The declaration shall include management policies for
any common open spaces within the development setting forth the
quantity of maintenance to be performed and what entity will be
responsible for the perpetual maintenance of said space. These
management policies, at a minimum, shall contain the following:
(i) The establishment of an Association or Corporation
responsible for all maintenance, which shall levy the cost
thereof as an assessment to each of the owners of land
parcels or units within the Office Park (OP) development.
(ii) The establishment of a management committee with
provisions setting forth the number of persons constituting
the committee, the method of selection and the owners and
duties of said committee; and including the person,
partnership, or corporation with the property management
expertise and experience who shall be designated to manage
the maintenance of the common area and facilities in an
efficient and quality manner.
(iii)
The method of calling a meeting of the
members of the corporation or association with the members
thereof that will constitute a quorum authorized to transact
business.
(iv) The
method
for
maintenance,
repair,
and
replacement of common areas and facilities, and distribution
of costs thereof.
(v) The method for maintenance of all private streets
and
private
utilities
and
acknowledgment
that
such
maintenance is the responsibility of the owners corporation
or association.
(vi) The manner of collection from property or unit
owners for their share of common expenses, and the method of
assessment.
(vii)
Provisions as to percentage of votes by
property or unit owners which shall be necessary to
determine whether to rebuild, repair, restore, or sell
property in the event of damage or destruction of all or
part of the project.
(2) There shall be a conveyance in the declaration of an
open space easement over all common open spaces, restricting the
area against any future building or use, except as approved in
the preliminary project plan.
(c) The Declaration shall contain provisions requiring owners of
individual parcels of land or condominium units with the Office Park
(OP) development to install landscaping to a standard at least
equivalent to that established within the typical landscaping plan
approved as an element of the preliminary project plan.
Said
landscaping must be installed within one (1) year of the issuance of
Certificates of Occupancy for condominiums units or buildings on
individual parcels of property.
Common area landscaping shall be
installed with each phase.
(d) The declaration shall provide for the creation and perpetual
provision for an architectural committee, the numbers of members and
composition of which shall be clearly stipulated.
At least one (1)
member of this committee shall be selected from the surrounding
neighborhood by the Planning Commission.
(To accomplish this, the
neighborhood shall submit a list of at least six (6) names of area
residents to choose from.)
The provision shall provide for the
approval by said architectural committee for all schematic project
plans and elevations of all buildings and signs to be erected in the
Office Park (OP) development prior to submission for project plan
approval by Riverdale City.
The declaration shall also establish
design guidelines governing the appearance of the site, buildings,
signs,
lighting,
landscaping,
street
furniture,
fencing,
and
mechanical equipment.
(e) The Declaration shall stipulate the method and procedure by
which the declaration may be amended.
(f) The declaration shall specify the maximum percentage of lot
area which will be occupied by building in the areas of each of the
general land use categories as set forth in the approved preliminary
projects plan.
(g) The declaration shall specify the maximum building height
approved by the Planning Commission.
(h) The Declaration shall contain a Traffic and Parking
Management Plan.
(i) The Declaration may also contain use restrictions which are
more restrictive than the City’s zoning provisions, but in no case
shall they be more permissible.
(j) The declaration shall state that, “Riverdale City, by virtue
of ownership of streets, utilities, rights-of-way and easements in and
through the project, shall be deemed to be an owner with full voting
privileges, under the terms of this declaration and shall have
authority and standing to initiate actions for enforcement of the
provisions and standards herein which are deemed to be in the public
interest.”
(Ordinance No. 534, Adopted April 1, 1998)
Chapter 36 - Special Use District-Retail/Commercial Park Overlay Zone
(RCP)
19-36-1
19-36-2
19-36-3
19-36-4
19-36-5
19-36-6
19-36-7
19-36-8
19-36-9
19-36-10
19-36-11
19-36-12
19-36-13
19-36-14
19-36-15
19-36-16
19-36-17
19-36-18
Purpose
Objectives and Intent
Planned Uses
Development Standards
Building Setbacks
Screening Walls / Fences / Hedges
Parking
Landscaping
Hardscape
Signs / Sign Illumination
Lighting
Outside Speakers
Riparian Environment
Architectural Design
Submittal Requirements
Security/Site Improvements
Guarantees and Covenants
Site Deficiencies
19-36-1. Purpose. The purposes of this Chapter are:
(a) to describe certain overlay zones to impose special
development guidelines on identified areas; and
(b) to
establish
locations
within
the
City
which
will
accommodate Planned retail developments; and
(c) to establish regulations for use and development of land
within the City which govern uses, density, open spaces, structures,
buildings, energy efficiency, light and air quality, transportation,
infrastructure,
public
facilities,
vegetation,
and
trees
and
landscaping.
19-36-2. Objectives and Intent.
The objectives and intent of this
Chapter are as follows:
The objectives of this Chapter are:
(1)
to create an overlay zone that allows for a mixture of
Retail and Commercial uses; and
(2) to define a range of services and uses which may be
offered by planned Retail/Commercial Park (RCP) entities within
the community; and
(3) to establish guidelines for the physical development of
such Retail/Commercial Park (RCP) entities and uses; and
(4) to preserve and enhance the urban character of the
City.
(b) The intent of these regulations is to establish a standard
for Retail/Commercial Park (RCP) development and maintenance which:
(1) promotes the overall functionality, safety and visual
attractiveness
of
Retail/Commercial/
(RCP)
buildings,
accompanying substructures, and surrounding landscape; and
(2) promotes development and uses that are in harmony with
the goals and direction of Riverdale City; and
(4) promote the quality of architecture and the use of
quality building materials to encourage creativity of design; and
(5) promotes the successful completion of the development
of an Retail/Commercial Park project, and of the ability of
Retail/Commercial Park entities to succeed; and
(6) provides for diversity in the tax base of the City; and
(7) provides for large view corridors between buildings and
structures to allow view of mountain ranges, trees, river areas,
or such areas as may be deemed viable by the Planning Commission
and City Council; and
(8) promotes implementation of high quality visually
integrated urban design corridors, gateways and districts; and
(9) promotes the integration of public transit in site
development.
19-36-3. Planned Uses.
All uses in the Retail/Commercial Park
Overlay Zone shall be planned uses. The approval of the planned uses
shall be granted at the time of approval of the final site plan.
19-36-4. Development
Standards.
Development
in
an
Retail/
Commercial/Park
Overlay
RCP
zone
shall
have
the
following
characteristics:
In order to encourage uses consistent with the purposes of the
Retail/Commercial Park (RCP) Overlay Zone and to ensure adequate site
planning, the entire zoned area shall be master planned at the time of
the overall development plan approval, even though the entire zoned
area may be developed in phases.
Each phase shall adhere to an
approved original master site plan and development agreement for the
Retail/ Commercial park (RCP) zoned area; and
All new or remodeled/refurbished construction shall comply with
the provisions of the development agreement for the specific area.
The provisions and terms of the development agreement shall be
transferable if ownership of the development area changes.
19-36-5. Building Setbacks. Specific setbacks shall be included in
the overall development plan and the project development agreement.
19-36-6. Screening: Walls / Fences / Hedges. An opaque screen shall
be installed and maintained along all zone boundaries, other than
streets.
The following are acceptable means of providing such
screening:
(a) Walls.
A wall shall consist of concrete, stone, brick,
tile, or similar type of solid masonry material a minimum of eight
inches (8”) thick. All such walls must be landscaped with vegetation
in front of the wall.
(b) Berms.
Berms of varying height and width shall face any
street or property. The exact height and width of the berm shall be
determined at the time of development review.
19-36-7. Parking.
Design of the parking areas shall attempt to
minimize the large uninterrupted hard surfaced areas with landscaping
islands.
Landscaping shall integrate the parking areas into the
building providing view corridors and pedestrian pathways.
Traffic
management of parking areas shall integrate these areas with the
streets and adjacent uses to increase the safe flow of traffic.
Landscaping of parking areas must be five percent (5%) of the land
inside the perimeter of the parking area.
(a) A landscape strip may be required on both sides of a street
entrance to allow for queuing. A landscaped pedestrian path from bus
stop or public right of way shall be provided. Planting islands shall
be provided throughout the lot at the ends of parking rows. These
strips and islands are to be planted with shade trees, low shrubs, and
ground cover.
(b)
A rolling landscaped berm shall be utilized to screen and
buffer parking and loading areas from adjoining access streets and
lots.
(c) Circulation within the parking areas shall provide for free
flow of vehicular traffic.
The on-site parking and traffic
circulation plan shall be a part of the traffic impact analysis
required as a part of the overall development site plan review; said
analysis shall be paid for by the developer.
19-36-8. Landscaping.
All landscaping shall be installed and
maintained in conformance with a landscape plan, which has been
recommended by the Planning Commission and approved by the City
Governing Body.
(a) At the time of the overall development plan submittal to the
Planning Commission, an overall landscape plan shall also be submitted
showing typical landscaping. Detailed landscape plans shall be
submitted at the time of site plan review. Twenty percent (20%) of a
Business/Commercial area shall be maintained in landscaped open space.
(b) Existing significant tree stands and natural vegetation
shall be integrated into the site landscape plan to the maximum extent
possible.
(c) The City requires that landscaping plans be designed by a
registered landscape architect.
19-36-9. Hardscape.
Hardscape may be used in coordination with
architecture and landscaping to provide a link between the street edge
and individual developments. Hardscape detail shall be included in the
overall development plan.
19-36-10. Signs / Sign Illumination.
Sign design and illumination
themes shall also be included for review by the Planning Commission
and City Council. The Planning Commission and City Council shall not
approve a development proposal without a sign plan.
Architectural
themes shall be carried into the sign plan.
19-36-11. Lighting. Site and security lighting shall be designed to
enhance the architectural quality of the development.
Screening of
lights from residential areas and glare from traffic areas shall be
minimized. Lighting consistency utilizing a design approved for the
entire area shall be required in the parking lots.
19-36-12. Outside Speakers. Outside speakers, pagers, and sound
systems of any kind or nature whatsoever are strictly prohibited.
19-36-13. Riparian Environment.
If the project affects the Riparian
environment, mitigation of effects shall be included in the
development agreement.
19-36-14. Architectural Design.
As part of review of proposed
development Planning Commission shall review the proposed development
plans to assure compliance with the architectural design guidelines.
(a) Overall Architectural Outline.
(1) The proposed development shall include architectural
renderings
and
elevations
of
the
proposed
buildings.
Relationships to surrounding uses shall be considered in respect
to scale and massing of the proposed uses. Architectural style,
colors and materials will be assessed in order to maintain a
consistent quality throughout the zone.
(2) The design shall improve community appearance by
avoiding excessive variety and monotonous repetition.
(3) All building elevations shall be architecturally
treated and with the same materials on all faces of the building.
(b) Architectural Guidelines.
The following architectural
design guidelines apply to all permitted and conditional uses in the
Retail/Commercial Park Overlay Zone:
(1) Detailed architectural guidelines are attached as
Exhibit A.
(2) All architectural treatments may be reviewed by a
registered architect chosen by the City and paid for by the
developer.
(3) The height of buildings shall be determined at the time
of development review.
19-36-15. Submittal Requirements.
All buildings and structures
proposed for development under this Chapter shall be subject to a site
plan review process as adopted by the City. There shall be submitted
to the Planning Commission a master plan for the development of the
entire zone for the purposes of meeting the requirements set forth in
this chapter. Each phase of the process shall go though a site plan
review.
19-36-16. Security - Site Improvements / Project Completion.
All
Retail/Commercial Park developments within Riverdale City shall comply
with Riverdale City’s bonding requirements.
19-36-17. Guarantees and Covenants. Guarantees and Covenants for the
Development shall be included in the project development agreement.
19-36-18. Site Deficiencies. For all existing developments that have
improvements greater than $50,000 (fifty thousand dollars), the City
shall require that 10 percent of the additional construction cost be
provided to address existing deficiencies due to the fact that the
development does not meet present zoning ordinances with respect to
architectural design, urban design, landscaping, parking, and other
development standards. Before a building permit can be issued, a plan
must be submitted to the City addressing and correcting any and all
deficiencies related to the development. The City Planning staff will
review the site deficiencies to be corrected and will submit their
recommendation to the Planning Commission and City Council.
(Ordinance No. 560, adopted March 3, 1999)
Chapter 40 - Subdivisions
19-40-1
19-40-2
19-40-3
19-40-4
19-40-5
19-40-5.1
19-40-6
19-40-7
19-40-8
19-40-9
19-40-10
19-40-11
19-40-12
General Provisions
Definitions
Scope of Ordinance
Application for Subdivision
Preliminary Plat Required
Financial Guarantees for Improvements
Final Plat
Construction Plans and Profiles
Design Standards
Parks, School Sites, Other Public Places
Improvements
Special Provisions for Small Subdivisions.
Enforcement and Permits
19-40-1. General Provisions.
(a) The underlying purpose and intent of this Chapter is to
promote the health, safety, convenience and general welfare of the
inhabitants of the City of Riverdale in the matter of the subdivision
of land, to encourage the healthful growth of the City and related
matters affected by such subdivision.
(b) Any proposed subdivision and its ultimate use shall be in the
best interests of the public and shall be in harmony with good
neighborhood development of the area concerned and the subdivider shall
present evidence to this effect when requested to do so by the Planning
Commission.
(c) In cases where unusual topographic or other exceptional
conditions exist, variations and exceptions from this Chapter may be
made by the City Council, after recommendation by the Planning
Commission.
19-40-2. Definitions.
(a) The following words and phrases used in this Chapter shall
have the respective meanings hereinafter set forth, unless a different
meaning clearly appears from the context:
(1) City. City of Riverdale, Utah.
(2) City Council.
The City Council of the City of
Riverdale, Utah.
(3) City Engineer.
The City Engineer of the City of
Riverdale, Utah.
(4) County. Weber County, Utah.
(5) Cul-de-sac.
A minor dead end street provided with a
turn around.
(6) Dwelling.
"Dwelling" shall mean any building or
structure, or portion thereof, including a trailer house, intended
for residential use.
(7) Guest House.
"Guest House" shall mean a separate
dwelling structure, including a trailer house, located on a lot
with one (1) main structure intended for housing guests or
servants and not rented, leased, or sold separate from the rental,
lease, or sale of the main dwelling.
(8) Lot.
"Lot" shall mean a portion of a subdivision or
parcel of land intended as a unit for building development or
transfer of ownership. A parcel of land occupied or to be occupied
by a building or group of buildings together with such yards, open
spaces, lot width and lot area as are required by this Title,
having frontage upon a street or upon a right-of-way approved by
the Board of Adjustment. Except for group dwellings and guest
houses, not more than one dwelling structure shall occupy any one
lot.
(9) Major Street Plan. A plan, labeled "Major Street Plan
of the City of Riverdale" including maps or reports or both, which
has been approved by the City Council as required by law or such
plan as it may be amended from time to time and so certified to
the City Council.
(10) Official Map.
"Official Map" shall mean any map
adopted by the Council under provisions of Section 10-9-23, Utah
Code Annotated, (1953).
(11) Parcel of Land. "Parcel of Land" shall mean contiguous
quantity of land, in the possession of, or owned by, or recorded
as the property of, the same person.
(12) Partition or Division of Agricultural Land.
A bona
fide "partition or division of agricultural land" for agricultural
purposes" shall mean the division of a parcel of land into three
or more lots or parcels, none of which lots or parcels are smaller
than five (5) acres in area and provided that no dedication of any
street or road is required to serve any such lots or parcels of
agricultural land for the purpose of building development.
(13) Person.
"Person"
shall
mean
any
individual,
corporation, partnership, firm or association of individuals
however styled or designated.
(14) Planning Commission.
The City Planning Commission of
Riverdale, Utah.
(15) Street.
"Street" shall mean a thoroughfare which has
been dedicated or abandoned to the public and accepted by proper
public authority, or a thoroughfare not less than twenty-six (26)
feet wide which has been made public by right of use and which
affords the principal access to abutting property.
(16) Street, Collector.
"Collector Street" shall mean a
street, existing or proposed, of considerable continuity which
serves or is intended to serve as the principal traffic way
between large and separated areas or districts and which is the
main access to the major street system.
(17) Street, Major.
"Major Street" shall mean a street,
existing or proposed, which serves or is intended to serve as a
major traffic way and is designated on the Master Street Plan as a
controlled-access highway, major street, parkway or other
equivalent term to identify those streets comprising the basic
structure of the street plan.
(18) Street, Marginal Access.
"Marginal Access Street"
shall mean a minor street which is parallel to and adjacent to a
major street and which provides access to abutting properties and
protection from through traffic.
(19) Street, Minor.
"Minor Street" shall mean a street,
existing or proposed, which is supplementary to a collector or
major street and of limited continuity, which serves or is
intended to serve the local needs of a neighborhood.
(20) Subdivider / Developer.
"Subdivider/Developer: shall
mean the person, persons, partnership, limited company, or
corporation that is causing or will cause improvements to be made
to the benefit of the property designated as a subdivision.
(21) Subdivision.
"Subdivision" shall mean the division of
any tract, lot or parcel of land, owned as an individual tract by
one individual or by joint tenants or tenants in common, into
three (3) or more tracts, lots or parcels of land with any
resulting tract, lot or parcel containing less than five (5) acres
for the purpose, whether immediate or future, of sale or of
building development; provided that "subdivision" shall not
include a bona fide division or partition of agricultural land for
agricultural development purposes. The dedication of a road,
highway or street through a tract of land, regardless of area,
which creates a division of tracts, lots or parcels and the
re-subdivision of land heretofore divided or platted into tracts,
lots, or parcels shall also constitute a "subdivision" of land.
(22) Zoning Ordinance.
"Zoning Ordinance" shall mean the
Uniform Zoning Ordinance which is Title 19 of the Riverdale
Municipal Ordinance Code.
19-40-3. Scope of Ordinance. No person shall subdivide any tract of
land which is located wholly or in part of the City except in
compliance with this Chapter. No person shall sell or exchange or offer
to sell or exchange any parcel of land which is any part of a
subdivision of a larger tract of land, nor offer for recording in the
office of the County Recorder any deed conveying such parcel of land,
or any interest therein, unless such subdivision has been created
pursuant to and in accordance with the provisions of this Chapter;
provided that this Chapter shall not apply to any lot or lots forming a
part of a subdivision created and recorded prior to the effective date
of this Chapter.
19-40-4. Application for Subdivision. The following process shall be
strictly adhered to in order to create a residential subdivision in the
City of Riverdale:
(a) Pre-Application (Concept) Review.
Each person who proposes
to subdivide land within the territorial limits of the City of
Riverdale shall confer with the City Planning Staff Committee (which
Committee shall consist of the City Building and Zoning Official, the
City Administrator, the Public Works Director, and the City Engineer)
before preparing any plats, charts, or plans in order to become
familiar with the Riverdale subdivision requirements and existing
General Plan for the territory in which the proposed subdivision lies
and to discuss the proposed plan of development of the tract. A sketch
plan is required to be presented to the Planning Staff Committee to
illustrate the proposed subdivision concept.
Preliminary sketches based on said conferences shall then be
prepared for review prior to submission of the preliminary plat. Two
(2) such sketches shall be submitted on a topographic base map showing
the relationship to proposed traffic arteries, existing arteries,
shopping centers, schools, parks, etc. (If more detail is felt to be
desirable, ASPO Report No. 116 contains greater detail.) A fee shall
be set by Resolution of the City Council to offset the cost of
reviewing and other related work performed by the City Staff associated
with the review of these sketches.
No preliminary plat shall be
presented to the City Planning Commission or City Council without the
payment of said fee being received by the City.
(b) A Subdivision Information Form to be supplied to the
subdivider by the Planning Commission shall be filled out and submitted
to the Planning Commission prior to submission of the preliminary plat.
19-40-5. Preliminary Plat Required.
(a) Upon completing the requirements set forth in 19-40-4, above,
each person who proposes to subdivide land in the City shall prepare a
preliminary plan of such subdivision and shall submit eight (8) black
and white prints thereof to the Planning Commission. One print shall be
delivered by the Planning Commission to each of the following for the
information and recommendation of such officials and departments:
County Recorder City Engineer, City Fire Department, County Recreation
Department, and each company or agency furnishing water, electric, or
gas service. Preliminary plans must be received by the Planning
Commission ten (10) days prior to the next scheduled Planning
Commission meeting in order to allow sufficient time to be checked and
to receive recommendations from the foregoing listed agencies.
(b) The preliminary plan shall be drawn to a scale not smaller
than one hundred (100) feet to the inch, and shall show:
(1) The proposed name of the subdivision.
(2) The location of the subdivision as forming a part of a
larger tract or parcel where the plan submitted covers only a part
of the subdivider's tract, or only a part of a larger vacant area.
In such case, a sketch of the prospective future street system of
the unplanned parts shall be submitted and the street system of
the part submitted shall be considered in the light of adjustments
and connections with the future street system of the larger area.
(3) Sufficient
information
to
locate
accurately
the
property shown on the plan.
(4) The names and addresses of the subdivider; the engineer
or surveyor of the subdivision, and the owners of the land
immediately adjoining the land to be subdivided.
(5) Contour map at appropriate intervals where required by
the Planning Commission.
(6) The boundary lines of the tract to be subdivided.
(7) The location, widths, and other dimensions of all
existing or platted streets and other important features such as
railroad lines, water courses, exceptional topography, and
buildings within the tract or within two hundred (200) feet of the
tract to be subdivided.
(8) Existing and proposed sanitary sewers, storm drains,
water supply mains, and culverts within the tract or within one
hundred (100) feet thereof.
(9) The location, widths, and other dimensions of proposed
streets, alleys, easements, parks, and other open spaces and lots,
with proper labeling of spaces to be dedicated to the public.
(10) North point, scale and date.
(c) The Planning Commission may approve or reject the preliminary
plan, or grant approval on conditions stated. Approval of the
preliminary plan by the Planning Commission shall not constitute final
acceptance of the subdivision by the Planning Commission. One copy of
the approved preliminary plan, signed by the Chairman of the Planning
Commission, shall be retained in the office of the Planning Commission.
One signed copy shall be given to the subdivider. Receipt of this
signed copy shall be authorization for the subdivider to proceed with
the preparation of plans and specifications for the minimum
improvements required in Section 10 of this Chapter and with the
preparation of the final plan.
(d) Prior to the construction of any improvements required in
Section 10 or to the submission of financial guarantees, the subdivider
shall furnish to the City Engineer all plans, information, and data
necessary for said improvements. These plans shall be examined by the
City Engineer and shall be approved if he determines them to be in
accordance with the requirements of Section 10 of this Chapter. No
construction of buildings shall be begun until after recording of the
final plan.
(e) Approval of the preliminary plat by the Planning Commission
shall be valid for a maximum period of twelve (12) months after
approval, unless upon application of the developer the Planning
Commission grants an extension. If the final plat has not been recorded
within the 12 month period, the preliminary plat must again be
submitted to the Planning Commission for re-approval; however,
preliminary approval of a large tract shall be voided provided that the
final plat of the first section is submitted for final approval within
one (1) year, and provided an extension of time is granted.
19-40-5.1. Financial Guarantees for Improvements.
Prior to the final
plat being presented to the Planning Commission for approval, the
subdivider/developer (not his agent or contractor) shall, at the
discretion of the City, satisfy one of the following requirements:
(a) Enter into a Developer's Agreement with the City and furnish
satisfactory proof of an escrow deposit in favor of the City in an
amount equal to the cost of the improvements required for the
subdivision, plus ten percent (10%) of said costs, with said amounts to
be released pursuant to the terms and conditions of the Developer's
Agreement.
(b) Enter into a Developer's Agreement with the City and furnish
to the City a Developer's Performance Bond in an amount equal to one
hundred twenty-five percent (125%) of the cost of the improvements
required for the subdivision, with said bond to be released pursuant to
the terms and conditions of the Developer's Agreement.
19-40-6.
Final Plat.
(a) Prior to the submission of the final plat to the Planning
Commission for review, the Subdivider/Developer's engineer shall submit
the proposed final plat, with any changes and modifications as directed
at the preliminary review by the Planning Commission, along with a
letter of certification that all lots meet the requirements of the
City's Zoning Ordinance to the City Planning Staff Committee. The City
Planning Staff Committee shall, after reviewing the proposed final plat
and confirming that all the above fees and financing guarantees have
been satisfied, shall present the final plat to the Planning Commission
for appropriate action.
(b) After compliance with the provisions of subsection (a),
above, and Sections 5 and 5.1, of this Chapter, a final plat of the
subdivision covering all or part of an approved preliminary plat shall
be prepared by a licensed surveyor not in the employ of the City of
Riverdale in conformance with the Design Standards of Section 8 of this
Chapter and submitted within one year from the date of preliminary plat
approval unless the time is extended by the Planning Commission;
otherwise, such approval shall be deemed to have been withdrawn. Two
(2) black and white prints of the final plat shall be submitted to the
Planning Commission at least seven (7) days prior to the date of the
Planning Commission meeting at which time such plat is to be
considered.
(c) The final plat shall consist of a sheet of approved tracing
linen, to the outside or trim line dimensions of nineteen (19) by
thirty (30) inches and the border line of the plat shall be drawn in
heavy lines leaving a space of at least one-half (1/2) inch margin on
all four sides. The plat shall be so drawn that the top of the drawing
faces either North or West, whichever accommodates the drawing best.
All lines, dimensions, and markings shall be made on the tracing linen
with approved waterproof black "India Drawing Ink". The plat shall be
made to a scale large enough to clearly show all details, in any case
not smaller than one hundred (100) feet to the inch, and workmanship on
the finished drawing shall be neat, clean-cut, and readable. The plat
shall be signed by all parties listed in Subsection 5 (below) who are
duly authorized and required to sign and shall contain the following
information:
(1) A subdivision name, approved by the County Recorder,
and the general location of the subdivision, in bold letters at
the top of the sheet.
(2) A north point and scale of the drawing, and the date.
(3) Accurately drawn boundaries, showing the proper bearing
and dimensions of all boundary lines of the subdivision, properly
tied to public survey monuments. These lines should be slightly
heavier than street and lot lines.
(4) The names, widths, lengths, bearings, and curve data on
center lines of proposed streets, alleys and easements; also the
boundaries, bearings, and dimensions of all portions within the
subdivision as intended to be dedicated to the use of the public;
the lines, dimensions, bearings, and numbers of all lots, blocks,
and parts reserved for any reason within the subdivision. All lots
and blocks are to be numbered consecutively under a definite
system approved by the Planning Commission. All proposed streets
shall be named or numbered in accordance with and in conformity
with the adopted street naming and numbering system of the City of
Riverdale and Weber County.
(5) The standard forms approved by the Planning Commission
lettered for the following:
(A) Description of land to be included in the
subdivision.
(B) Registered
Professional
Engineer
and/or
Land
Surveyor's "Certificate of Survey".
(C) Owner's Dedication.
(D) Notary Public's Acknowledgment.
(E) City
Planning
Commission's
Certificate
of
Approval.
(F) City Engineer's Certificate of Approval.
(G) City Council Certificate of Acceptance attested by
the City Recorder.
(6) A three (3) inch by three (3) inch space in the
lower right-hand corner of the drawing for recording
information.
(7) After approving and signing the final plat, the
Planning Commission shall submit the plat for approval to the
City Engineer, who shall collect a checking fee from the
subdivider, and shall check the engineering requirements of
the drawing. After approval and signature by the City
Engineer, the plat shall be submitted to the City Council for
approval and certificate of acceptance. The final plat,
bearing all official approvals as above required, shall be
returned to the subdivider for recording at the expense of
the subdivider.
No subdivision shall be recorded in the
office of the County Recorder and no lot included in such
subdivision shall be sold or exchanged and no offer shall be
made to sell or exchange any such lot unless and until the
plat is so approved and accepted.
19-40-7. Construction Plans and Profiles.
(a) Prior to commencement of construction, the subdivider shall
furnish a complete set of construction plans and profiles prepared by a
licensed professional engineer not in the employ of the City of
Riverdale, of all streets, existing and proposed, within the
subdivision to the City Engineer with the final plat. The City
Engineer, within a reasonable time not to exceed twenty (20) days from
receipt of plans, shall notify the subdivider of approval or
disapproval and in case of disapproval, the reason therefore.
19-40-8. Design Standards.
(a) The arrangement of streets in new subdivisions shall make
provision for the continuation of the existing streets in adjoining
areas (or their proper protection where adjoining land is not
subdivided) insofar as such may be deemed necessary by the Planning
Commission for public requirements. The street arrangement shall be
such as to cause no unnecessary hardship to owners of adjoining
property when they plat their own land and seek to provide for
convenient access to it.
(b) Minor streets shall approach the major or collector streets
at an angle of not less than eighty (80) degrees.
(c) Major and collector streets shall conform to the width
designated on the Major Street Plan wherever a subdivision falls in an
area for which a Major Street Plan has been adopted. For territory
where such Street Plan has not been completed at the time the
subdivision preliminary plan is submitted to the Planning Commission,
major or collector streets shall be provided as required by the
Planning Commission with minimum widths of one hundred (100) feet for
major streets and sixty-six (66) feet for collector streets.
(d) Minor residential streets shall have a minimum width of sixty
(60) feet, except that cul-de-sacs (dead-end streets) or loop streets
serving not more than ten (10) lots may have minimum widths of not less
than fifty (50) feet.
(e) Alleys shall have a minimum width of twenty (20) feet. Alleys
may be required in the rear of business lots, but will not be accepted
in residential blocks except under unusual conditions where such alleys
are considered necessary by the Planning Commission.
(f) Cul-de-sacs (dead-end streets) shall be used only where
unusual conditions exist which make other designs undesirable. Cul-desacs are not desirable. Cul-de-sacs are not favorable to the City and
will generally not be acceptable in subdivision plans. Each cul-de-sac
must be terminated by a turn-around not less than one hundred (100)
feet in diameter. If surface water drainage is into the turn-around due
to the grade of the street, necessary catch basins and drainage
easements shall be provided.
(g) Easements for drainage through the property may be required
by the City Engineer, and easements of not less than ten (10) feet in
width shall be provided where required for utilities or other purposes.
(h) Service roads paralleling major streets shall be required
unless the Planning Commission approves double frontage lots which may
back onto major highways or collector streets as designated on the
Major Street Plan. Where lots back onto a major highway or collector
street, a buffer planting strip of trees or shrubs shall be provided in
a width of ten (10) feet or wider, but in no case less than (10) feet.
(i) Where subdivision streets parallel contiguous property of
other owners, the subdivider may, upon approval of the Planning
Commission, retain and deed to the City a protection strip not less
than one (1) foot in width between said street and adjacent property
provided that an agreement approved by the City Attorney has been made
by the subdivider, contracting to deed to the then owners of the
contiguous property, the one (1) foot or larger protection strip for a
consideration named in the agreement, such consideration to be not more
than the fair cost of land in the protection strip, the street
improvements properly chargeable to the contiguous property, plus the
value of one-half (1/2) the land in the street at the time of
agreement, together with interest at a fair rate from the time of
agreement until the time of the subdivision of such contiguous
property. One (1) copy of the agreement shall be submitted to the City
Attorney and one (1) to the Planning Commission prior to approval of
the final plat. Protection strips shall not be submitted at the end of
or within the boundaries of a public street or proposed street or
within any area intended for future public use.
(j)
Blocks.
(1) Blocks shall not exceed sixteen hundred (1600) feet in
length. A dedicated walkway through the block may be required
where access is necessary to a point designated by the Planning
Commission. Such walkway shall be a minimum of four (4) feet in
width, but may be required to be wider where determined necessary
by the Planning Commission. The subdivider shall surface the full
width of the walkway with a concrete surface, install a chain link
fence or its equal four (4) feet high on each side and the full
length of each walkway, and provide, in accordance with the
standards and rules and regulations, barriers at each walkway
entrance to allow vehicles no wider than four (4) feet.
(2) The width of blocks generally shall be sufficient to
allow two (2) tiers of lots.
(3) Irregular shaped blocks, indented by cul-de-sacs, or
containing interior spaces, will be acceptable when properly
designed and fitted to the overall plat.
(4) Blocks intended for business or industrial use shall be
designed specifically for such purposes with adequate space set
aside for off-street parking and delivery facilities.
(k) Lots.
(1) The lot arrangement and design shall be such that lots
will provide satisfactory and desirable sites for buildings and be
properly related to topography and to existing and probable future
requirements.
(2) All lots shown on the subdivision plan must conform to
the minimum requirements of this Title for the zone in which the
subdivision is located, and to the minimum requirements of the
City Engineer and the State Board of Health for sewage disposal.
The minimum width for any residential building lot shall be as
required by this Title.
Where a public sewer is not available, the minimum area
of such lot shall be not less than that approved in a letter to
the Planning Commission by the Board of Health nor less than
twenty thousand (20,000) square, whichever is greater.
(3) Each lot shall abut on a street dedicated by the
recording of the subdivision or on an existing publicly-dedicated
street, or on a street which has become public by right of use and
is more than twenty-six (26) feet wide. Interior lots abutting on
more than one street shall be prohibited except where unusual
conditions make other design undesirable.
(4) Corner lots shall have extra width sufficient for
maintenance of required building lines on both streets.
(5) Side lines of lots shall be approximately at right
angles, or radial to the street line.
(6) All remnants of lots below minimum size left over after
subdividing of a larger tract must be added to adjacent lots,
rather than allowed to remain as unusable parcels.
(7) Where the land covered by a subdivision includes two or
more parcels in separate ownership and the lot arrangement is such
that a property ownership line divides one or more lots, the land
in each lot so divided shall be transferred by deed to either
single or joint ownership before approval of the final plan, and
such transfer certified to the Planning Commission by the County
Recorder.
19-40-9. Parks, School Sites, Other Public Places.
(a) When the preliminary plan is submitted for the division of
property, a part or all of which is deemed suitable by the Planning
Commission for schools, parks, playgrounds, or other public use in
accordance with the Master Plan, the Planning Commission shall require
the subdivider to include the required public open space in the
subdivision design to the satisfaction of the Planning Commission.
(b) The subdivider, at or before the time of presentation of the
final subdivision plat for approval of the City Council, shall offer to
sell to the City or other appropriate agency, at any time during the
two (2) year period immediately following the recording of the final
plat, any land which has been set aside for park, playground, school,
or other public use at a fair market price.
(c) In the case of land required for park or playground, the fair
market price will be based upon raw land value, but in no event shall
such price exceed the price for said land in the last bona fide sale
thereof within the period of five (5) years immediately before the date
of the final subdivision plat.
(d) The City or other appropriate public agency may accept such
offer at any time within a two year period immediately following the
recording of the final plat. If any such proposed public areas have not
been purchased by the appropriate public agency within two (2) years
after the recording of the final plot, such areas may be divided into
lots in accordance with the requirement of this Chapter, and sold.
19-40-10. Improvements.
(a) Time of Construction.
The improvements listed in this
Section shall not be installed prior to recording the final plat. No
improvements shall be installed until their location and specifications
are approved by the City Engineer. Water and sewer mains and laterals
and fire hydrants shall be installed prior to the installation of road
base, curbs, gutters, and the surfacing of streets.
(b) Performance Guarantees.
(1) Before final plat approval by the City Council, the
subdivider shall have satisfied the financing requirements of
Section 5.1 of this Chapter. The required performance guarantees
are
to assure the actual construction of the following
improvements within a period of two (2) years in a manner
satisfactory to and in an amount specified by the Council.
Improvements include part or all of the following:
Streets, curbs, gutters, water supply systems, fire
hydrants,
sewer
systems,
surface
water
disposal
systems,
protection from hazards of canals and ditches, safety fences,
street trees, monuments, or other improvements required by the
Council.
(2) Sidewalks shall be installed by the building contractor
at the same time as the said contractor installs driveways and
walkways on individual lots. Said installation of sidewalks shall
be completed and in good repair at or before the time an
application for occupancy is made to the City Building Official.
(3) The developer's engineer shall, as each improvement is
installed, certify, in writing, that the installed improvements
meet City standards and that said improvements have been completed
as approved by the City.
Said written certification shall be
delivered to the City Engineer, who shall make periodic on-site
inspections for plan review and to verify the certification of the
developer's engineer.
The developer's engineer shall provide
evidence to the satisfaction of the City Engineer that the
installed improvements meet City standards before the developer
shall be allowed to proceed with other improvements on the
development, or to begin construction of buildings or structures
in the subdivision.
(4) In the event a utility easement or easements are
provided
to
the
City
in
connection
with
the
installed
improvements, the utility line shall be placed as close to the
center of said easement as is reasonably possible.
(c) Standards.
Standards
for
design,
construction,
specifications, and inspection of street improvements, curbs, and
gutters, sidewalks, and drainage facilities shall be prepared by the
City Engineer, standards of design and procedure by the Planning
Commission, standards for water distribution and sewage disposal
facilities by the State Board of Health and City Engineer, and similar
standards for fire hydrants by the City Engineer and Fire Department.
Such standards and rules and regulations, and any amendments thereto,
before becoming effective, shall be adopted or amended by the City
Council as a part of this Chapter after recommendation by the Planning
Commission and shall be available to the public.
(d) Streets on Property of Other Public Agencies or Utility
Companies.
Where it is proposed that streets be constructed on
property controlled by a public agency or utility company, approval for
the location, improvement and maintenance of such streets shall be
obtained from the public agency or utility company and entered on the
final plat in a form approved by the City Attorney.
(e) Street Improvements. All streets shall be constructed by the
subdivider in accordance with the standards and rules and regulations
of the City Engineer.
(f) Curbs, Gutters, and Sidewalks.
Curbs and gutters shall be
installed on existing and proposed streets by the subdivider in all
subdivisions except the rear of those lots which back on major streets
and are not permitted access to such streets. Sidewalks shall be
installed on existing and proposed streets by the building contractor
as set forth above. After recommendation by the Planning Commission,
the Commission may waive sidewalk requirements on streets which exceed
an average grade of ten (10) percent between intersections, and in
subdivisions where the average lot widths exceed one hundred
twenty-five (125) feet at the building setback line.
(g) Water Supply. A culinary water supply which must be approved
by the City Engineer and the State Board of Health shall be available
to each lot in the subdivision and shall be provided in conformance
with the standards and rules and regulations of the City of Riverdale.
Where an approved public water supply is available or within five
hundred (500) feet of the subdivision, the subdivider shall install
water mains and service lines or laterals from such mains to each lot
within the subdivision prior to the installation of road base,
surfacing, curbs, gutters, and sidewalks.
(h) Fire Hydrants.
Fire hydrants shall be installed by the
subdivider at locations determined by the City Engineer and Fire
Department in all subdivisions in accordance with the standards, rules,
and regulations of the City of Riverdale.
(i) Sewage Disposal. Whether by individual disposal system or by
public disposal facilities, sewage disposal shall be provided and
approved by the State and County Board of Health for each lot in the
subdivision in accordance with the standards, rules and regulations of
the City of Riverdale. Where public sanitary sewer is available or
within five hundred (500) feet of the subdivision at the time of
recording the final plat, or is close enough in the opinion of the City
Council or City Engineer, the subdivider shall connect with such
sanitary sewer and provide sewer mains and extend laterals from the
main sewer line to each lot in the subdivision prior to the
installation of the road base, surfacing, curbs, gutters, and
sidewalks.
(j) Surface Water. The subdivider shall provide adequate methods
of conveyance and disposal of storm water and surface water at his
expense, the plans for which shall be prepared by a licensed engineer
not in the employ of the City and which shall be approved by the
Planning Commission after recommendation by the City Engineer. If
easements are required across abutting property to permit drainage of
the subdivision, it shall be the responsibility of the subdivider to
acquire such easements.
(k) Ditches and Canals.
Open ditches or canals shall not be
allowed within or adjoining a subdivision. It shall be the subdivider's
responsibility to work with the irrigation, drainage, or ditch
companies and arrange for the covering, realigning, or elimination of
open ditches or canals. In cases where canals or ditches cross public
roads or proposed public roads, specifications and grades for pipe or
culvert must be approved by the City Engineer.
(l) Safety Fences. The subdivider shall install a six (6) foot
non-climbable chain link fence, or equivalent thereof, in conformance
with all applicable standards, rules, and regulations, of the City of
Riverdale, along all non-access streets, open reservoirs, bodies of
water, or railroad rights of way.
(m) Street Trees. Street trees may be provided at the option of
the subdivider, but when so provided, the variety and location of such
trees shall be recommended by the Planning Commission staff and
approved by the Planning Commission.
(n) Monuments. Permanent monuments shall be accurately set and
established at such points as are necessary to definitely establish all
lines of the plat except those outlining individual lots. Monuments
shall be of a type approved by the City Engineer. All subdivision plats
shall be tied to a corner or monument of record or established Land
Office Survey Corner.
(o)
Street Lights. The City shall install street lights at each
intersection of the subdivision. The installation shall be under the
direction of the Public Works Director and shall conform to the
standards set forth in the Riverdale City Street Lighting Policy. The
expense for the cost of materials and installation shall be born by the
developer / subdivider. (Ordinance No. 556, adopted February 3, 1999)
(p) The City Council is authorized to prescribe by administrative
rule or regulation filed for record with the City Recorder forms and
procedures to insure the orderly, regular and efficient processing of
applications for the approval of a proposed subdivision and the strict
compliance with the requirements of this Chapter.
(q) The subdivider, upon submission of his plans, shall deposit
with the City of Riverdale such fees as may be prescribed by resolution
of the City Council. The Building Inspector shall be in charge of
inspecting all improvements, and may request the assistance of the City
Engineer if the Inspector deems it necessary. The subdivider shall,
prior to beginning any improvements as set forth herein, enter into a
written agreement with the City to pay any and all fees or assessments
associated with the services provided by the City or which become
necessary for the enforcement of this Chapter, as said services are
rendered.
19-40-11. Special Provisions for Small Subdivisions.
(a) A preliminary plan shall be required for all subdivisions but
under the conditions listed below, approval of the preliminary plan by
the Planning Commission and by the City Council shall be authorization
for the subdivider to sell lots within the subdivision covered by the
preliminary plan by metes and bounds, and the requirements of a final
plan shall be waived. When final plans are not required, the subdivider
shall provide such improvements on existing streets within the
subdivision as shall be required by the City Council. Final plans shall
not be required where all of the following conditions exist:
(1) The subdivision consists of not more than ten (10)
lots.
(2) The subdivision does not require the dedication of any
land for street or other public purposes.
(3) The subdivision is not traversed by the mapped lines of
a proposed street or a street to be widened as shown on the Major
Street Plan.
(4) Each of the lots in the subdivision meets the frontage
width and area requirements of this Title, or has been granted a
variance from such requirements by the Board of Adjustment.
19-40-12. Enforcement and Permits.
(a) The City Building Official is hereby designated and
authorized as the officer charged with the enforcement of this Chapter.
He shall enforce all the provisions of this Chapter, entering actions
in the courts when necessary and his failure to do so shall not
legalize any violation of such provisions.
(b) The Building Official shall not grant a permit, nor shall any
City Officer grant any license or permit for the use of any land or the
construction or alteration of any building or structure on a lot which
would be in violation of any provisions of this Chapter or on a lot in
a subdivision created by judicial decree, until a subdivision plat
therefor has been recorded, or approved under Section 19-40-6. Any
license or permit issued in conflict with such provisions shall be null
and void.
(c) The Building Official shall inspect or cause to be inspected
all buildings, fire hydrants, and water supply and sewage disposal
systems in the course of construction, installation, or repair.
Excavations for fire hydrants and water and sewer mains and laterals
shall not be covered or backfilled until such installation shall have
been approved by the City Engineer. If any such installation is covered
before being inspected and approved, it shall be uncovered after notice
to uncover has been issued to the responsible person by the Building
Official.
(d) At the time any building permit is applied for to construct
any building or structure in any subdivision which may be established,
there shall be paid, along with such application for such building
permit, a fee prescribed by resolution of the City Council, which
additional fee shall be in addition to the usual building permit fee
which might otherwise be applicable. This additional fee shall be used
to assist in defraying the expenses of the City in the creation of such
subdivision.
19-40-13. Penalty. Any person who shall violate any of the provisions
of this Chapter shall, upon conviction be guilty of a Class C
misdemeanor and punished as is provided in Section 13-3-1 et seq.
(Ordinance No. 489, Adopted February 21, 1996)
Chapter 41 - Commercial and Manufacturing Development
19-41-1
19-41-2
19-41-3
19-41-4
19-41-5
19-41-6
19-41-7
General Provisions
Definitions
Scope of Chapter
Pre-Application Sketch Plan
Preliminary Plat Required
Design Standards
Improvements
19-41-1. General Provisions.
(a) The underlying purpose and intent of this Chapter is to
promote the health, safety, convenience and general welfare of the
inhabitants of the City of Riverdale in the matter of Commercial and
Manufacturing Developments, to encourage the healthful growth of the
City and related matters affected by such developments.
(b) Any proposed Commercial or Manufacturing Development and its
use shall be in the best interests of the public and shall be in
harmony with the surrounding area and the developer shall present
evidence to this effect when requested to do so by the Planning
Commission.
(c) In cases where the Planning Commission or Building and Zoning
Official denies a permit and unusual topographic or other exceptional
conditions exist, an appeal for a variance may be made to the Board of
Adjustment.
19-41-2. Definitions.
(a) The following words and phrases used in this Chapter shall
have the respective meanings hereinafter set forth, unless a different
meaning clearly appears from the context:
(1) City. City of Riverdale, Utah.
(2) City Council.
The City Council of the City of
Riverdale, Utah.
(3) City Engineer.
The City Engineer of the City of
Riverdale, Utah, acting in the capacity of providing reviews only
for conformance of submitted plans with this and other sections of
the City's ordinances.
(4) Commercial Development.
Area for location of various
types of commercial activity, that is, commerce or trade as listed
in Chapter 23 of Title 19 which are compatible and complementary
to surrounding land uses.
(5) County. Weber County, Utah.
(6) Cul-de-sac.
A minor dead end street provided with a
turn around.
(7) Final Acceptance By the City.
Approval of the site
plan by the City Council.
(8) Master Street Plan.
A plan, labeled "Master Street
Plan of the City of Riverdale" including maps or reports or both,
which has been approved by the City Council as required by law or
such plan as it may be amended from time to time and so certified
to the City Council.
(9) Manufacturing Development.
Area that will accommodate
the need for making goods or wares by manual labor or by machinery
on a large scale as listed in Chapter 25 of Title 19 and uses
where the environmental impact upon the community may be
substantial and where development standards will be implemented to
preserve the general welfare of the community.
(10) Official Map.
"Official Map" shall mean any map
adopted by the Council under provisions of Section 10-9-23, Utah
Code Annotated, (1953).
(11) Partition or Division of Agricultural Land.
A bona
fide "partition or division of agricultural land" for agricultural
purposes shall mean the division of a parcel of land into three or
more lots or parcels, none of which lots or parcels are smaller
than five (5) acres in area and provided that no dedication of any
street or road is required to serve any such lots or parcels of
agricultural land for the purpose of building development.
(12) Person.
"Person"
shall
mean
any
individual,
corporation, partnership, firm or association of individuals
however styled or designated.
(13) Planning Commission.
The City Planning Commission of
Riverdale, Utah.
(14) Street.
"Street" shall mean a thoroughfare which has
been dedicated or abandoned to the public and accepted by proper
public authority or a thoroughfare not less than twenty-six (26)
feet wide which has been made public by right of use and which
affords the principal access to abutting property.
(15) Street, Collector.
"Collector Street" shall mean a
street, existing or proposed, which serves or is intended to serve
as the principal traffic way between large and separated areas or
districts and which is the main access to the major street system.
(16) Street, Major.
"Major Street" shall mean a street,
existing or proposed, which serves or is intended to serve as a
major traffic way and is designated on the Master Street Plan as a
controlled-access highway, major street, parkway or other
equivalent term to identify those streets comprising the basic
structure of the street plan.
(17) Street, Minor.
"Minor Street" shall mean a street,
existing or proposed, which is supplementary to a collector or
major street and of limited continuity, which serves or is
intended to serve the local needs of a neighborhood.
(18) Zoning Ordinance.
"Zoning Ordinance" shall mean the
Uniform Zoning Ordinance which is Title 19 of the Riverdale
Municipal Ordinance Code.
19-41-3. Scope of Chapter. Tracts of land which are located in the
City and which are intended for commercial or manufacturing use shall
be developed in compliance with this Chapter. No person shall offer for
recording in the office of the County Recorder any deed conveying a
commercial or manufacturing development, or any interest therein,
unless such development has been created pursuant to and in accordance
with the provisions of this Chapter.
19-41-4. Pre-Application Sketch Plan.
(a) Each person who proposes to develop land for commercial or
manufacturing use within the City of Riverdale shall confer with the
Building and Zoning Official before preparing any plats, charts, or
plans in order to become familiar with the Riverdale development
requirements and existing Master Plans for the territory in which the
proposed development lies and to discuss the proposed plan of
development of the tract.
(b) A Commercial-Manufacturing Development Information Form to be
supplied to the developer by the Zoning Official shall be filled out
and submitted to the Planning Commission prior to submission of the
preliminary plat.
19-41-5. Preliminary Plat Required.
(a) Each person who proposes to develop land in the City shall
prepare a preliminary plan of such development and shall submit eight
(8) prints thereof to the Planning Commission and show compliance with
the requirements of the Site Plan Standards Check List which shall be
obtained from the City Building and Zoning Official. Preliminary plans
must be received by the Zoning Inspector seven (7) days prior to the
scheduled Planning Commission meeting in order to allow sufficient
review time.
(b) The Planning Commission may approve or reject the preliminary
plan, or grant approval on conditions stated. Approval of the
preliminary plan by the Planning Commission shall not constitute final
acceptance of the development by the Planning Commission. One copy of
the approved preliminary plan, signed by the Chairman of the Planning
Commission, shall be retained in the office of the Planning Commission.
One signed copy shall be given to the developer. Receipt of this signed
copy shall be authorization for the developer to proceed with the
preparation of plans and specifications and with the preparation of the
final plan. Prior to the construction of any improvements or the
submission of any bond, the developer shall furnish to the City
Engineer all plans, information and data necessary for review of said
improvements for conformance with this chapter. These plans shall be
reviewed by the City Engineer and shall be accepted if he determines
them to be in accordance with the requirements of this chapter. No
construction of buildings or additions shall begin until after a
favorable recommendation of the final plan by the Planning Commission
and approval by the City Council. Amendments to the site plan shall be
favorably recommended by the Planning Commission and approved by the
City Council.
(c) Approval of the preliminary site plan by the Planning
Commission shall be valid for a maximum period of twelve (12) months,
unless, upon application of the developer, the Planning Commission
grants an extension. After compliance with the requirements of the
Planning Commission, City Engineer, Fire Chief/Marshal, Police Chief,
Maintenance Supervisor, and Building and Zoning Inspector a final site
plan shall be prepared and submitted to the Planning Commission for
recommendation to the City Council for final approval. The final site
plan shall be in conformance with city ordinances and design standards.
19-41-6.
Design Standards.
(a) The arrangement of streets in new developments shall make
provision for the continuation of the existing streets in adjoining
areas (or their proper protection where adjoining land is not
developed) insofar as such may be deemed necessary by the Planning
Commission for public requirements. The street arrangement shall be
such as to cause no unnecessary hardship to owners of adjoining
property when they plat their own land and seek to provide for
convenient access to it.
(b) Minor streets shall approach the major or collector streets
at an angle of not less than eighty (80) degrees.
(c) Major and collector streets shall conform to the width
designated on the Master Street Plan where ever a development falls in
an area for which a Master Street Plan has been adopted. For territory
where such Street Plan has not been completed at the time the
development preliminary plan is submitted to the Planning Commission,
major or collector streets shall be provided as required by the
Planning Commission with minimum widths of one hundred (100 feet for
major streets and sixty-six (66) feet for collector streets.
(d) Minor residential streets shall have a minimum width of sixty
(60) feet, except that cul-de-sacs (dead-end streets) or loop streets
serving not more than ten (10) lots may have a minimum width of fifty
(50) feet.
(e) Alleys shall have a minimum width of twenty (20) feet. Alleys
may be required in the rear of business lots, but will not be accepted
in residential blocks except under unusual conditions where such alleys
are considered necessary by the Planning Commission.
(f) Cul-de-sacs (dead-end streets) shall be used only where
unusual conditions exist which make other designs undesirable. Each
cul-de-sac must be terminated by a turn-around not less than one
hundred (100) feet in diameter. If surface water drainage is into the
turn-around due to the grade of the street, necessary catch basins and
drainage easements shall be provided.
(g) Easements for drainage through the property may be required
by the City Engineer, and easements of not less than ten (10) feet in
width shall be provided where required for utilities or other purposes.
(h) Service roads paralleling major streets shall be required
unless the Planning Commission approved double frontage lots which may
back onto major highways or collector streets as designated on the
Master Street Plan. Where lots back onto a major highway or collector
street, a buffer planting strip of trees or shrubs shall be provided in
a width of a minimum of ten (10) feet.
(i) Blocks between streets shall not exceed sixteen hundred
(1600) feet in length. A dedicated walkway through the block may be
required where access is necessary to a point designated by the
Planning Commission. Such walkway shall be a minimum of four (4) feet
in width, but may be required to be wider where determined necessary by
the Planning Commission. The developer shall surface the full width of
the walkway with a concrete surface.
19-41-7. Improvements.
(a) Time of Construction.
The improvements listed in this
Section shall be installed prior to final inspection and issuance of a
certificate of occupancy except as provided in (b) below. No
improvements shall be installed until their design and specifications
are reviewed by the City Engineer for conformance with this chapter.
Water and sewer mains and laterals and fire hydrants shall be installed
prior to the installation of road base, curbs, gutters, sidewalks and
the surfacing of streets.
(b) Performance Bonds.
(1) In lieu of actual completion of the improvements listed
in this Subsection and before final approval by the City Council,
the developer may deposit with the City Recorder a surety or cash
bond to assure the actual construction of said improvements within
a period of two (2) years after final approval by the City Council
in a manner satisfactory to and in an amount specified by the
Council. Improvements shall include part or all of the following:
Streets,
curbs,
gutters,
sidewalks,
water
supply
systems, fire hydrants, sewer systems, surface water disposal
systems, protection from hazards of canals and ditches, safety
fences,
landscaping,
monuments,
street
signs,
or
other
improvements required by the Council and Planning Commission.
(2) The developer shall be responsible for the satisfactory
performance of improvements dedicated to the City for a period of
one year after inspection and final acceptance by the City. These
improvements include: streets, curbs, gutters, sidewalks, water
main lines, fire hydrants, sewer mains and man holes, storm sewer
mains and catch boxes, monuments, and street signs which are in a
dedicated easement and are controlled solely by the City.
(c) Standards.
Standards
for
design,
construction,
specifications, and inspection of street improvements, curbs, and
gutters, sidewalks, and drainage facilities shall be prepared by the
City Engineer, standards of design and procedure by the Planning
Commission, standards for water distribution and sewage disposal
facilities by the State Board of Health and City Engineer, and similar
standards for fire hydrants by the City Engineer. Such standards and
rules and regulations, and any amendments thereto, before becoming
effective, shall be adopted or amended by the City Council as a part of
this Chapter after recommendation by the Planning Commission and shall
be available to the public.
(d) Streets on Property of Other Public Agencies or Utility
Companies.
Where it is proposed that streets be constructed on
property controlled by a public agency or utility company, approval for
the location, improvement and maintenance of such streets shall be
obtained from the public agency or utility company by the Developer and
entered on the final site plan in a form approved by the City Attorney.
(e) Street Improvements. All streets shall be constructed by the
developer in accordance with the standards and rules and regulations of
the City.
(f) Curbs, Gutters, and Sidewalks. Curbs, gutters, and sidewalks
shall be installed on existing and proposed streets by the developer in
all developments.
(g) Water Supply.
A culinary water supply must be approved by
the City Maintenance Supervisor and the City Engineer. The developer
shall install water mains and service lines or laterals from such mains
to each structure within the development prior to the installation of
road base, surfacing, curbs, gutters, and sidewalks.
(h) Fire Hydrants.
Fire hydrants shall be installed by the
developer at locations determined by the City Engineer and Fire
Department in all developments in accordance with the standards, rules,
and regulations of the City of Riverdale.
(i) Sewage Disposal. Whether by individual disposal system or by
public disposal facilities, sewage disposal shall be provided and
reviewed by the City Engineer for conformance with the Utah Wastewater
Disposal Code and approved by the Maintenance Supervisor and Sewer
District. The developer shall connect with such sanitary sewer and
provide sewer mains and extend laterals from the main sewer line to
each building prior to the installation of the road base, surfacing,
curbs, gutters, and sidewalks.
(j) Surface Water. The developer shall provide adequate methods
of conveyance and disposal of storm water and surface water at his
expense, the plans for which shall be prepared by a licensed engineer
not in the employ of the City and which shall be approved by the
Planning Commission after recommendation by the City Engineer. If
easements are required across abutting property to permit drainage of
the development, it shall be the responsibility of the developer to
acquire such easements.
(k) Ditches and Canals.
Open ditches or canals shall not be
allowed in or adjoining a development. It shall be a developer's
responsibility to work with the irrigation, drainage, or ditch
companies and arrange for the covering, realigning, or elimination of
open ditches or canals. In cases where canals or ditches cross public
roads or proposed public roads, specifications and grades for pipe or
culvert must be reviewed by the City Engineer for conformance with the
City Utility Standards and accepted by the affected canal company as
adequate as to capacity.
(l) Fences. The developer shall install a fence in conformance
with all applicable standards, rules, and regulations, of the City of
Riverdale, along all non-access streets, open reservoirs, bodies of
water, or railroad rights of way.
(Ordinance No. 373, Adopted June 5, 1989.)
Chapter 42 - Constitutional Takings
19-42-1
19-42-2
19-42-3
19-42-4
19-42-5
19-42-6
Policy Considerations
Definitions
Guidelines Advisory
Review of Decision
Reviewing Guidelines
Results of Review
19-42-1. Policy Considerations. There is an underlying policy in the
City, strongly favoring the careful consideration of matters involving
Constitutional Taking claims, in fairness to the owner of private
property bringing the claim and in view of the uncertainty and expense
involved in defending law suits alleging such issues.
At the same
time, the legitimate role of government in lawfully regulating real
property must be preserved and the public's right to require the
dedication or exaction of property consistent with the Constitution.
Consistent with this policy, it is desired that a procedure be
established for the review of actions that may involve the issue of a
Constitutional Taking. These provisions are to assist governments in
considering decisions that may involve Constitutional Takings. It is
intended that a procedure for such a review be provided as well as to
establish guidelines for such considerations.
This ordinance is
further intended and shall be construed to objectively and fairly
review claims by citizens that a specific government action should
require payment of just compensation, yet preserve the ability of the
City to lawfully regulate real property and fulfill its other duties
and functions.
19-42-2. Definitions.
(a) "Constitutional Taking" means actions by the City involving
the physical taking or exaction of private real property that might
require compensation to a private real property owner because of:
(1) The Fifth or Fourteenth Amendment to the Constitution
of the United States;
(2) Article I, Section 22, of the Utah Constitution;
(3) Any Court ruling governing the physical taking or
exaction of private real property by a government entity;
(b) Actions by the City involving the physical taking or exaction
of private real property are not a Constitutional Taking if the
physical taking or exaction:
(1) Bears an essential nexus to a legitimate governmental
interest; and
(2) Is roughly proportionate and reasonably related, on an
individualized property basis both in nature and extent, to the
impact of the proposed development on the legitimate government
interest.
19-42-3. Guidelines Advisory.
The guidelines adopted and decisions
rendered pursuant to the provisions of this section are advisory, and
shall not be construed to expand or limit the scope of the City's
liability for a Constitutional Taking. The reviewing body shall not be
required to make any determination under this ordinance except pursuant
to Section 19-42-4.
19-42-4. Review of Decision. Any owner of private real property who
claims there has been a Constitutional Taking of their private real
property shall request a review of a final decision of any officer,
employee, board, commission, or council.
The following are specific
procedures established for such a review.
(a) The person requesting a review must have obtained a final and
authoritative determination, internally within the City, relative to
the decision from which they are requesting review.
(b) Within thirty (30) days from the date of the final decision
that gave rise to the concern that a Constitutional Taking has
occurred, the person requesting the review shall file in writing, in
the office of the City Recorder, a request for review of that decision.
A copy shall also be filed with the City Attorney.
(c) The City Council shall immediately set a time to review the
decision that gave rise to the Constitutional Taking claim.
(d) In addition to the written request for review the applicant
must submit, prior to the date of the review, the following:
(1) Name of the applicant requesting review;
(2) Name and business address of current owner of the
property, form of ownership, whether sole proprietorship, forprofit or not-for-profit corporation, partnership, joint venture
or other, and if owned by a corporation, partnership, or joint
venture, name and address of all principal shareholders or
partners;
(3) A detailed description of the grounds for the claim
that there has been a Constitutional Taking;
(4) A detailed description of the property taken;
(5) Evidence and documentation as to the value of the
property taken, including the date and cost at the date the
property was acquired.
This should include any evidence of the
value of that same property before and after the alleged
Constitutional Taking, the name of the party from whom purchased,
including the relationship, if any, between the person requesting
a review and the party from whom the property was acquired;
(6) Nature of the protectable interest claimed to be
affected such as, but not limited to, fee simple ownership,
leasehold interest;
(7) Terms (including sale price) of any previous purchase
or sale of a full or partial interest in the property in the three
years prior to the date of application;
(8) All appraisals of the property prepared for any
purpose, including financing, offering for sale, or ad valorem
taxation, within the three years prior to the date of application;
(9) The assessed value of and ad valorem taxes on the
property for the previous three years;
(10) All information concerning current mortgages or other
loans secured by the property, including name of the mortgagee or
lender, current interest rate, remaining loan balance and term of
the loan and other significant provisions, including but not
limited to, right of purchasers to assume the loan;
(11) All listings of the property for sale or rent, price
asked and offers received, if any, within the previous three
years;
(12) All studies commissioned by the petitioner or agents of
the petitioner within the previous three years concerning
feasibility of development or utilization of the property;
(13) For income producing property, itemized income and
expense statements from the property for the previous three years;
(14) Information from a title policy or other source showing
all recorded liens or encumbrances affecting the property; and
(15) The City Council or their designee may request
additional information reasonably necessary, in their opinion, to
arrive at a conclusion concerning whether there has been a
Constitutional Taking.
(e) An application shall not be deemed to be "complete" or
"submitted" until the reviewing body certifies to the applicant that
all the materials and information required above have been received by
the City.
The reviewing body shall promptly notify the applicant of
any incomplete application.
(f) The City Council shall hear all the evidence related to and
submitted by the applicant, City, or any other interested party.
(g) A final decision on the review shall be rendered within
fourteen (14) days from the date the complete application for review
has been received by the City Recorder.
The decision of the City
Council regarding the results of the review shall be given in writing
to the applicant and the officer, employee, board, commission or
council that rendered the final decision that gave rise to the
Constitutional Takings claim.
(h) If the City Council fails to hear and decide the review
within fourteen (14) days, the decision appealed from shall be presumed
to be approved.
19-42-5. Reviewing Guidelines.
The City Council shall review the
facts and information presented by the applicant to determine whether
or not the action by the City constitutes a Constitutional Taking as
defined in this chapter. In doing so they shall consider:
(a) Whether the physical taking or exaction of the private real
property bears an essential nexus to a legitimate governmental
interest.
(b) Whether a legitimate governmental interest exists for the
action taken by the City.
(c) Whether the property and exaction taken, are roughly
proportionate and reasonably related, on an individual property basis,
both in nature and extent, to the impact caused by the activities that
are the subject of the decision being reviewed.
19-42-6. Results of Review.
After completing the review, the
reviewing City Council shall make a determination regarding the above
issues and, where determined to be necessary and appropriate, shall
make a recommendation to the officer, employee, board, commission or
council that made the decision that gave rise to the Constitutional
Takings claim.
(Ordinance No. 473, Adopted February 15, 1995.)