Rockville Land Use Code
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The formatting and pagination of this web version of the code may vary from the official hard copy of the code. This web version of the code is provided for informational purposes only and may not reflect all of, or the most current, legislation that has been passed. Prior to any action being taken, please consult the clerk for any ordinances that have been enacted that are not contained in this web version. In case of any discrepancy between this web version and the official ordinances, the ordinances prevail.
Table of Contents
Chapter 1. General Provisions
Short Title............................................................................................................................ 1
Purpose............................................................................................................................... 1
Interpretation........................................................................................................................ 1
Conflict............................................................................................................................... 2
Effect on Previous Ordinances and Maps............................................................................... 1
Zoning Districts and Maps................................................................................................... 2
Rules for Locating Zone Boundaries...................................................................................... 2
Annexations........................................................................................................................ 3
Town of Rockville Zoning Map............................................................................................ 3
Amendments to Land Use Code and Zoning Maps.................................................................. 3
Review Process for Building Permit Applications................................................................... 4
Vesting of Zoning Rights..................................................................................................... 6
Special Application Process................................................................................................. 6
Subdivision Ordinance: Requirements and Processes.............................................................. 7
Plat Approval...................................................................................................................... 7
Hearings.............................................................................................................................. 9
Termination of Projects..................................................................................................... 10
Definitions (See Chapater2)
Inspections......................................................................................................................... 11
Enforcement...................................................................................................................... 11
Nuisance and Abatement.................................................................................................. 11
Penalties............................................................................................................................ 11
Severability (See Chapter 26)............................................................................................ 12
Licensing Must Conform to Code...................................................................................... 12
Fees.............................................................................................................................. 12
Appeals, Reconsideration and Call-up Process................................................................... 12
Constitutional Taking Review and Appeal......................................................................... 15
District Court Review of Appeal Authority........................................................................ 16
Notice Matrix............................................................................................................... 17
Chapter 2. Definitions
Definition Usage................................................................................................................... 1
Definitions........................................................................................................................... 1
Chapter 3. Planning Commission
Creation of Planning Commission, Number of Members, Qualifications and
Appointment......................................................................................................................... 1
Terms of Office.................................................................................................................... 1
Vacancies and Removals for Cause......................................................................................... 1
Compensation....................................................................................................................... 2
Officers................................................................................................................................ 2
Powers and Duties............................................................................................................... 2
Meetings............................................................................................................................. 3
Rules and Regulations........................................................................................................... 3
Quorum and Vote................................................................................................................ 3
Employees and Expenditures................................................................................................. 3
Chapter 4. Board of Adjustment
Members, Appointment and Term....................................................................................... 1
Term Vacancies and Removal for Cause.............................................................................. 1
Officers............................................................................................................................ 1
Duties and Powers of Board............................................................................................... 2
Criteria and Standards for Determining Unreasonable Hardship and/or Special
Circumstances.................................................................................................................... 3
Additional Requirements...................................................................................................... 3
Burden of Proof.................................................................................................................... 4
Meetings, Notification and Fees........................................................................................... 4
Minutes, Reports, Certification of Records and Correspondence............................................. 4
Quorum & Vote................................................................................................................. 4
Filing a Petition for a Variance............................................................................................. 4
Actions and Decisions......................................................................................................... 5
Adoption of Rules................................................................................................................. 5
Judicial Review of Decisions by the Board of Adjustment-Time Limitation................................ 5
Chapter 5. Home Occupations
Home Occupation Permit Required......................................................................................... 1
Procedure............................................................................................................................ 1
Notice to Adjacent Property Owners...................................................................................... 1
Standards for Review.......................................................................................................... 1
Conditions............................................................................................................................ 1
Fees..................................................................................................................................... 2
Inspection............................................................................................................................. 3
Noncompliance.................................................................................................................... 3
Appeal ................................................................................................................................. 3
Business License Required................................................................................................ 3
Utah Sales Tax License....................................................................................................... 3
Chapter 6. Bed & Breakfast Establishments
Conditional Use Permit Required......................................................................................... 1
Conditions placed on All Bed and Breakfast Establishments................................................... 1
Souvenir Sales Allowed.................................................................................................... 2
Noncompliance................................................................................................................ 2
Appeal ........................................................................................................................... 2
Business License Required................................................................................................ 2
Utah Sales Tax License..................................................................................................... 2
Chapter 7. Supplementary and Qualifying Regulations
Effect of the Chapter............................................................................................................ 1
Residential Addresses......................................................................................................... 1
Lot Standards and Dedicated Frontage.............................................................................. 1
Substandard Lots at time of Ordinance Passage............................................................... 1
Every Residence Shall Be on a Lot..................................................................................... 2
Yard Space for One Building Only....................................................................................... 2
Private Residential Parking Requirements.......................................................................... 2
Creation of a Substandard Lot Prohibited........................................................................... 2
Setback Obstruction Requirements.................................................................................... 2
Yard Coverage of Accessory Buildings............................................................................... 2
Administrative Lot Line Adjustment Application Process.................................................... 3
Additional Height Allowed..................................................................................................... 3
Minimum Height of Main Building......................................................................................... 3
Maximum Height of Accessory Buildings............................................................................ 3
Clear View of Intersection.................................................................................................... 3
Maximum Height of Fences, Walls and Retaining Walls ................................................... 4
Portable Storage Containers Prohibited.............................................................................. 6
Establishment of Temporary Residences Prohibited......................................................... 7
Utilities and Fire Hydrant/Suppression Requirements........................................................ 7
Curbs, Gutters, and Sidewalks............................................................................................ 8
Right to Farm Provisions..................................................................................................... 8
Produce Sales..................................................................................................................... 8
Special Event Regulations................................................................................................... 9
Commercial Film Production Regulations........................................................................ 12
Beautification..................................................................................................................... 12
Solar Access..................................................................................................................... 14
Beautification..................................................................................................................... 15
Chapter 8. Signs
Scope................................................................................................................................... 1
Intent.. ................................................................................................................................. 1
Objectives............................................................................................................................ 1
Application............................................................................................................................ 2
Method of Review................................................................................................................ 2
Permit Issuance................................................................................................................... 2
Fees..................................................................................................................................... 2
Variance............................................................................................................................... 2
Prohibited Signs................................................................................................................... 2
General Prohibition......................................................................................... 2
Public Right-of-way....................................................................................... 3
Visibility........................................................................................................ 3
Illumination; Reflectors, Floodlights or Spotlights, Use of........................................ 3
Traffic Device, Resemblance to........................................................................ 3
Special Provisions............................................................................................................... 3
Emblems and Flags.............................................................................................................. 3
Off-Site Directional Signs..................................................................................................... 3
Temporary Signs............................................................................................................... 4
Vehicular Signs................................................................................................................. 4
Signs and Conditions........................................................................................................... 5
Permitted Signs and Conditions............................................................................................ 5
Sign Standards.................................................................................................................... 6
Architectural Style............................................................................................................... 6
Non-conforming Signs......................................................................................................... 6
Notice and Removal............................................................................................................ 6
Structural Safety.................................................................................................................. 7
Prevention Codes............................................................................................................... 7
Maintenance...................................................................................................................... 7
Identification..................................................................................................................... 7
Illumination........................................................................................................................ 8
Officials.............................................................................................................................. 8
Unlawful Signs..................................................................................................................... 8
Chapter 9. Non-conforming Buildings and Uses
Maintenance Permitted........................................................................................................ 1
Repairs and Alterations....................................................................................................... 1
Additions, Enlargements, and Moving................................................................................. 1
Alterations Where Parking Insufficient................................................................................. 1
Restoration of Damaged Buildings...................................................................................... 1
One-Year Vacancy.............................................................................................................. 1
Continuation of Use............................................................................................................. 1
Occupation Within One Year............................................................................................... 2
Change of Use..................................................................................................................... 2
Non-Conforming Use of Land.............................................................................................. 2
Exceptions........................................................................................................................... 2
Chapter 10. Off-street Parking Requirements
Off-street Parking Required................................................................................................. 1
Number of Parking Spaces................................................................................................. 1
Access Requirements......................................................................................................... 1
Maintenance of Parking Lots............................................................................................... 2
On-Street Parking Requirements........................................................................................ 2
General Regulations............................................................................................................ 2
Chapter 11. Conditional Uses
Purpose of Conditional Use Provisions............................................................................... 1
Conditional Uses Allowed.................................................................................................... 1
Prohibited Uses................................................................................................................... 1
Chapter 12. Subdivision
General Provisions.............................................................................................................. 1
Title.......................................................................................................................... 1
Policy....................................................................................................................... 1
Purpose................................................................................................................... 2
Scope of Chapter..................................................................................................... 2
Amendments to Subdivision Chapter...................................................................... 2
Supplementary Definitions....................................................................................... 3
Approval Required................................................................................................... 5
Classification of Subdivision.................................................................................... 5
Pre-Application......................................................................................................... 5
Preliminary Plat........................................................................................................ 6
Final Plat................................................................................................................ 11
General Standards................................................................................................. 16
Lot Standards........................................................................................................ 16
Fees....................................................................................................................... 17
Compliance With Final Plat................................................................................... 17
Vacating or Changing a Plat.................................................................................. 17
Penalties................................................................................................................ 19
Planned Developments..................................................................................................... 20
Required Improvements.................................................................................................... 20
Purpose................................................................................................................. 20
Applicability............................................................................................................ 20
Work to be Done by Engineer or Surveyor............................................................ 20
Required Improvements........................................................................................ 20
Improvement Agreement for Single Lots or Parcels............................................. 22
Guarantee of Performance Required for Subdivisions......................................... 22
Construction and Maintenance of Private Roads and
Driveways by Town Prohibited.............................................................................. 24
Self-imposed Restrictions................................................................................................. 24
Chapter 13. Planned Development
Purpose and Objectives...................................................................................................... 1
Scope................................................................................................................................... 2
Land Use Density and Intensity Allowance.......................................................................... 2
Base Density Exclusions......................................................................................... 2
Density Bonuses..................................................................................................... 3
Planned Development (PD) Permit..................................................................................... 4
Required Conditions............................................................................................................ 3
Uses Allowed....................................................................................................................... 4
Process............................................................................................................................... 6
Pre-application conference...................................................................................... 6
Preliminary Development Plan................................................................................ 6
Final Development Plan Requirements................................................................... 6
General Criteria for Review................................................................................... 10
Approvals................................................................................................................... 14
Development Standards and Requirements..................................................................... 15
Neighborhood Meeting........................................................................................... 15
Compliance with Rockville Town Codes............................................................... 15
Structure Setbacks................................................................................................ 15
Land Ownership Designation................................................................................ 15
Slopes.................................................................................................................... 15
Utilities.................................................................................................................... 16
Landscaping.......................................................................................................... 16
Parking................................................................................................................... 16
Streets................................................................................................................... 16
Common Areas..................................................................................................... 17
Storage Areas and Solid Waste Receptacles............................................................. 17
Declaration of Covenants, conditions, and Restrictions............................................. 17
Development bond................................................................................................. 17
Final Plat Recordation........................................................................................... 18
Sensitive Lands..................................................................................................... 18
Concurrency.......................................................................................................... 18
Cluster Subdivision............................................................................................................ 18
Manufactured Housing....................................................................................................... 18
Chapter 14. Design Review
Purpose............................................................................................................................... 1
Application and Review........................................................................................................ 1
Planning Commission Review............................................................................................ 1
Consideration and Review of Applications.......................................................................... 1
Findings and Decisions....................................................................................................... 2
Notification........................................................................................................................... 2
Time Limitations.................................................................................................................. 2
Transfer of Approval upon Change in Use.......................................................................... 2
Conformation to Approval.................................................................................................... 3
Modifications........................................................................................................................ 3
Chapter 15. Solar Access Incentives and Protection
The material found in this Chapter has been moved to Chapter 7.26;
therefore, this Chapter is EMPTY
Chapter 16. Grading/Excavation
Purpose............................................................................................................................... 1
Applicability.......................................................................................................................... 1
Grading/Excavation Design................................................................................................. 1
Grading/Excavation Limits................................................................................................... 2
Grading/Excavation With Construction............................................................................... 3
Cut and Fill Requirements................................................................................................... 3
Re-vegetation Standards..................................................................................................... 4
Additional Requirements...................................................................................................... 4
Grading/Excavation Plan..................................................................................................... 5
Procedures for Permit......................................................................................................... 5
Grading/Excavation Inspections.......................................................................................... 6
Grading Without a Permit.................................................................................................... 6
Chapter 17. Rural Residential (RR-1/2 Acre)
Purpose............................................................................................................................... 1
Permitted Uses.................................................................................................................... 1
Conditional Uses.................................................................................................................. 1
Uses Prohibited................................................................................................................... 1
Height Regulations............................................................................................................... 1
Minimum Area, Width, and Yard Requirements.................................................................. 2
Signs.................................................................................................................................... 2
Modifying Regulations.......................................................................................................... 2
Other Provisions.................................................................................................................. 3
Chapter 18. Rural Residential (RR-1 Acre)
Purpose............................................................................................................................... 1
Permitted Uses.................................................................................................................... 1
Conditional Uses.................................................................................................................. 1
Uses Prohibited................................................................................................................... 1
Height Regulations............................................................................................................... 1
Minimum Area, Width, and Yard Requirements.................................................................. 2
Signs.................................................................................................................................... 2
Modifying Regulations.......................................................................................................... 2
Other Provisions.................................................................................................................. 3
Chapter 19. Rural Residential (RR-2 Acres)
Purpose............................................................................................................................. 11
Permitted Uses.................................................................................................................... 1
Conditional Uses.................................................................................................................. 1
Uses Prohibited................................................................................................................... 1
Height Regulations............................................................................................................... 1
Minimum, Area, Width, and Yard Requirements................................................................. 2
Signs.................................................................................................................................... 2
Modifying Regulations.......................................................................................................... 2
Other Provisions.................................................................................................................. 3
Chapter 20. Public Use Zone (PUZ)
Purpose............................................................................................................................... 1
Permitted Uses.................................................................................................................... 1
Prior Created Lots, Uses and Structures............................................................................ 1
Distance Between Buildings................................................................................................ 1
Parking, Loading and Access.............................................................................................. 2
Special Regulations............................................................................................................. 2
Increase in Building Size..................................................................................................... 2
Other Requirements............................................................................................................ 3
Chapter 21. Agricultural (A-1 Acre)
Purpose............................................................................................................................... 1
Permitted Uses (General).................................................................................................... 1
Permitted Uses (Specific to Grafton Historic Town Site).................................................... 1
Uses Prohibited................................................................................................................... 1
Minimum Area, Width and Yard Requirements................................................................... 1
Modifying Regulations.......................................................................................................... 1
Other Provisions.................................................................................................................. 2
Chapter 22. Residential-Agricultural (RA-5 Acres)
Purpose............................................................................................................................... 1
Permitted Uses.................................................................................................................... 1
Conditional Uses.................................................................................................................. 1
Uses Prohibited................................................................................................................... 1
Height Regulations and Building Size.................................................................................. 1
Minimum Area, Width, and Yard Requirements.................................................................. 2
Signs.................................................................................................................................... 2
Modifying Regulations.......................................................................................................... 2
Other Provisions.................................................................................................................. 2
Chapter 23. Open Space (OS-20 Acres)
Purpose............................................................................................................................... 1
Permitted Use Regulations.................................................................................................. 1
Conditional Uses.................................................................................................................. 1
Uses Prohibited................................................................................................................... 1
Site Design Regulations...................................................................................................... 1
Height Regulations and Building Size.................................................................................. 1
Minimum Area, Width and Yard Regulations....................................................................... 2
Signs.................................................................................................................................... 2
Modifying Regulations.......................................................................................................... 2
Other Provisions.................................................................................................................. 3
Chapter 24. Restricted Open Space (ROS)
Purpose............................................................................................................................... 1
Permitted Uses.................................................................................................................... 1
Prohibited Uses................................................................................................................... 1
Provisions............................................................................................................................ 2
Chapter 25. Sensitive Lands Overlay (SLO)
Purpose............................................................................................................................... 1
Application and Analysis Requirements.............................................................................. 1
Sensitive Areas Analysis and Determination........................................................... 2
Additional Information and Study Requirements..................................................... 3
Sensitive Lands Regulations............................................................................................... 5
Slope Protection Regulations.................................................................................. 6
Ridgeline Area Protection Regulations.................................................................. 10
Sensitive Lands Entry Corridor Protection............................................................ 12
Wetlands and Stream or River Corridors.............................................................. 14
Administrative Provisions................................................................................... 16
Development Approvals for Public Projects/Public Works/Public Utilities............... 16
Substantial Compliance......................................................................................... 19
Design Standards.................................................................................................. 19
Building Color and Material.................................................................................... 19
Windows and Other Glass.................................................................................... 19
Parking................................................................................................................... 19
Rooftop Mechanical Equipment............................................................................. 19
Height Controls...................................................................................................... 19
Dwelling Size......................................................................................................... 20
Underground Utilities.............................................................................................. 20
Tree and Vegetation Protection Regulations.............................................................. 20
Additional Regulations........................................................................................... 20
Tree Vegetation Removal...................................................................................... 20
Irrigation Limits....................................................................................................... 21
Re-vegetation Plan................................................................................................ 21
Violation/Replacement Provision........................................................................... 21
Economic Hardship Relief Provisions..................................................................... 21
Hardship Relief Petition......................................................................................... 21
Affected Property Interest...................................................................................... 21
Economic Hardship Standard............................................................................... 21
Time for Filing Notice of Petition and Petition........................................................ 22
Information to be submitted with Hardship Relief Petition..................................... 22
Failure to Submit Information................................................................................. 23
Preliminary Determination of Substantial Economic Hardship.................................... 23
Appointment of Hearing Officer............................................................................. 23
Qualifications of the Hearing Officer...................................................................... 23
Notice of the Public Hearing.................................................................................. 24
Rules for Conduct for the Hearing......................................................................... 24
Application of the Economic Hardship Standard....................................................... 24
Burden of Proof...................................................................................................... 24
Findings of the Hearing Officer.............................................................................. 24
Report and Recommendation of the Hearing Officer............................................ 25
Town Review and Consideration........................................................................... 25
Time Limits/Transferal of Incentives..................................................................... 26
Land Use Matrix - Application of Sensitive Lands Provisions............................................ 26
Chapter 1: General Provisions and Procedures
Chapter 1: General Provisions and Procedures
1.1 Short Title
This Ordinance shall be known as the Land Use Code (whenever referenced the term Code and/or Land Use Code is always understood to include all other relevant documents, Zoning Ordinances and Maps) of the Town of Rockville.
1.2 Purpose
This Code is enacted to promote the health, safety and general welfare of the present and future residents of Rockville and to implement the policies and achieve the goals stated in the General Plan of the Town. This Code is enacted with the intent to:
A. Ensure that community growth and development occur in an orderly and well considered manner consistent with the goals of the General Plan:
B. Provide adequate and economical infrastructure and community services.
C. Mitigate or prevent man-made and natural hazards;
D. Promote order and beauty within the community;
E. Maintain the community economic base and property values;
F. Preserve the unique rural, agricultural, historic and scenic character of Rockville with regard to the Town's proximity and relationship to Zion National Park; and
G. Ensure the community plan retains the small town rural atmosphere by encouraging low-density, residential/agricultural development; limiting residential uses to low-density, single-family dwellings; disallowing commercial and industrial uses; and, in an effort to be self-sustaining with regard to culinary water and in support of the above goals, requiring that all culinary water be obtained from an approved sourced that originates with Rockville. An exception may be made if the Town water supply is not adequate to meet a vital need during an emergency situation.
It is the intention of the Town in adopting this Code to fully exercise all of the powers granted by the provisions of the Municipal Land Use Development and Management Act, Section 10-9-A et seq. Utah Code Annotated, 1953, as amended, and all other powers granted by statute or common law for the necessary regulation of the use and development of land within the Town.
1.3 Interpretation
In interpreting and applying the provisions of this Code, the requirements contained herein are declared to be the minimum requirements for the purposes set forth.
1.4 Conflict
The provisions of this Code are in addition to the laws of the State of Utah, the laws of the United States and applicable common law. This Code shall not supersede private land use regulations in deeds or covenants that are more restrictive than this Code. Whenever a conflict exists, the more restrictive provision shall apply to the extent allowed by law. The Town does not enforce more restrictive covenants, nor shall more restrictive covenants have the effect of modifying the regulations in this Code.
1.5 Effect of Revisions and Changes to Previous Ordinances and Maps
The existing ordinances covering zoning in its entirety, including maps previously adopted and made a part of this ordinance, are hereby superseded and amended to read as set forth herein.
This new Code, including the attached maps, shall be deemed a continuation of previous ordinances and not a new enactment, provided the substance of the revisions of previous ordinances is included in this new Code. This shall be so whether the language is the same or different.
This Code shall be so interpreted upon all questions of construction relating to the tenure of officers or boards established by previous ordinances. The questions of conforming or non-conforming uses, buildings and structures and questions as to the dates upon which these existing uses, buildings or structures became conforming or non-conforming shall also be deemed reviewed under the language of the prior Ordinance.
1.6 Zoning Districts and Maps
The territory of the Town of Rockville to which this Code applies is divided into zoning districts expressed in acres as follows:
A. Rural Residential (RR - 1/2 acre) - Chapter 17
B. Rural Residential (RR - 1 acre) - Chapter 18
C. Rural Residential (RR -2 acres) - Chapter 19
D. Public Use Zone (PUZ) – Chapter 20
E. Agricultural (A-1 acre) - Chapter 21
F. Residential Agricultural (RA - 5 acres) - Chapter 22
G. Open Space (OS - 20 acres) - Chapter 23
H. Restricted Open Space (ROS) - Chapter 24
1.7 Rules for Locating Zone Boundaries
When uncertainty exists as to the boundaries of zones as shown on the Town Zoning Map, the following shall apply:
A. Boundaries indicated as approximately following the center-line of streets, highways or alleys shall be construed to follow the center-line. In the event of change(s) in the center-line, the boundary shall be construed as moving with the center-line.
B. Boundaries indicated as approximately following the right-of-way lines of streets, highways or alleys shall be construed to follow the right-of-way lines. In the event of change(s) in the right-of-way line, the boundary shall be construed as moving with the right-of-way line.
C. Boundaries indicated as approximately following platted property lines shall be construed to follow those approximate property lines.
D. Boundaries indicated as parallel to, or extensions of features indicated in Subsections A through C above shall be so construed. The scale of the map shall determine distances not specifically indicated on the official map.
E. Should further uncertainty exist, the Planning Commission shall determine the location of boundaries in question.
F. Boundaries of each of the Zones are established as described herein or as shown on the map entitled Town of Rockville Zoning Map. All boundaries shown thereon are made by this reference as much a part of this Code as if fully described and detailed. The map is on file with the Rockville Town Clerk.
1.8 Annexations
All annexed property will be zoned Open Space pending future changes recommended by the Planning Commission and approved by the Town Council.
1.9 Town of Rockville Zoning Map
The Town Zoning Map, as presented to the Town Council and signed by the Mayor is the Official Zoning Map for the Town of Rockville.
The Town Land Use Code and the Zoning Map shall be filed with the Town Clerk and may be examined by the public during posted business hours. The Official Zoning Map for the Town is attached as Appendix A.
1.10 Amendments to Land Use Code and Zoning Maps
Amendments to the provisions of the Code or the Zoning Map shall be made in the following manner:
A. Procedural Amendments
The Town Council, following a public hearing, may make amendments to the procedural provisions of this Code. Matters that are procedural in nature are those that:
1. do not change zone boundaries,
2. do not directly affect the nature or density of uses on any given parcel of land,
3. do not change the development or lot standards
4. do not change the designation of uses as permitted or prohibited.
A Procedural Amendment Hearing shall be published once, seven (7) days prior to the hearing in a newspaper with general circulation within the Town. The amendment may be adopted on the day of the hearing or at any time following the hearing.
B. Substantive Amendments
Amendments to the Code which affect zone boundaries, the nature or density of uses on any given parcel of land, change the development or lot standards or change the designation of uses as permitted or prohibited shall be made as follows:
1. Hearings Before the Planning Commission
The Planning Commission shall hold a public hearing on all substantive amendments. Fourteen (14) days prior to the hearing notice shall be posted in at least three (3) public places within the Town and also published in a newspaper with general circulation within the Town. The notices shall state the date, time and place of the hearing and briefly describe the nature of the proposed amendment and land affected. Upon request, more detailed information shall be available at the Town Office.
2. Action by the Planning Commission
Following the hearing, the Planning Commission shall adopt formal recommendations to the Town Council that either approve, disapprove or modify the proposal. If the Planning Commission fails to take action within sixty (60) days of the public hearing, the Town Council may consider the matter forwarded from the Planning Commission with a negative recommendation and schedule the matter for a public hearing.
3. Action by the Town Council
Following review of the Planning Commission's formal recommendations, or lack thereof, the Town Council shall approve, disapprove or modify and approve the proposal.
Recommendations of the Planning Commission are advisory only and may be overruled by the Town Council. Council action on amendments to the Code or the Zoning Map requires the affirmative vote of three (3) or more Town Council members.
C. Temporary or Emergency Zoning
During an emergency situation that threatens the safety and well being of the public, the Town Council may, without a public hearing, enact ordinances establishing temporary zoning regulations within the Town.
Temporary zoning regulations may prohibit or regulate subdivision approval and/or the approval of construction or alteration of any building.
The Town Council shall establish a period of limited effect for temporary ordinances not to exceed six (6) months.
1.11 Review Process for Building Permit Applications
Except as noted in 1.11.1, no building permit shall be issued for any construction project unless the plans for the proposed structure have been submitted to and approved by the Planning Commission.
No permit shall be granted for the erection, construction, reconstruction, remodel, alteration, structural repair or removal of any building or structure if such building or structure would be in violation of any provision of this Code.
Any permit granted in violation of this or any other applicable Town Ordinances or Code shall be null and void.
1.11.1 Exceptions
Building projects that do not increase the square footage or footprint, do not increase the height, change the use or require major structural, electrical or plumbing modifications do not require review and approval by the Planning Commission. If the applicant believes their building project fits within the above criteria he/she must:
1. Obtain a Simple Building Permit Application from the Town Clerk, complete the application and return it along with the applicable fee.
2. The Town Clerk will have the application and project reviewed by the Rockville Building Inspector who will determine if the project qualifies for a Simple Building Permit.
3. The Building Inspector may approve the application and require any necessary inspections and fees.
4. The above process must be completed and all fees paid before the building project begins.
5. Should the Building Inspector determine that a full building permit application is necessary, the previously submitted fee will apply toward the full permit fee.
A. Complete Building Permit Applications with application fee must be received in the office of the Town Clerk twenty-one (21) calendar days prior to the scheduled Planning Commission meeting where the application is to be heard.
B. The application for a Building Permit shall be considered complete when it contains all of the information as outlined in the checklist on the BUILDING PERMIT APPLICATION REQUIREMENTS FOR THE TOWN OF ROCKVILLE form.
C. In addition, the completed application must provide:
1. the name, address and telephone number, as well as the e-mail address and fax number (if available) of the owner or his/her designated agent
2. the location of the proposed structure by street address or reference to existing structures so that the location can be identified and assigned a street address; and
3. if deemed necessary by the Planning Commission:
a. a certified survey if the structure is on or near lot lines or monuments.
b. additional topographical data when the site slope is 15% or greater and/or when the building height cannot be readily determined from the elevations.
D. It shall be the responsibility of the applicant to present a complete application. Incomplete applications will not be addressed by the Planning Commission.
E. Representation by the applicant or his/her agent at the meeting is required.
F. Complete applications to construct a building or otherwise improve/change property shall be reviewed by the Planning Commission to determine whether the proposal:
1. is a permitted use within the zone for which it is proposed;
2. complies with all applicable standards and development requirements of the zone;
3. meets the applicable parking requirements; and/or
4. can be adequately serviced with roads and existing or proposed utility systems or lines.
G. If the application does not comply with the requirements of the zone, the Planning Commission shall inform the owner or his/her agent, stating specifically the requirements of the zone which have not been met.
H. Once approved by the Planning Commission, the plans shall be forwarded to the Building Inspector and the Fire Marshal and reviewed for Building and Fire Code compliance. The approved plans shall also be forwarded for review to the appropriate Water Authority.
I. Final approval of the requested permit shall be confirmed by the issuance of a Building Permit in compliance with the International Building and Fire Codes as amended and adopted by the Town.
J. No final approval shall be effective until all fees assessed by ordinance as well as any additional fees associated with the review process have been paid.
K. Building Permits must be purchased within six (6) months of Planning Commission approval. Building Permits expire one hundred and eighty (180) days after issuance if work has not commenced.
1.12 Vesting of Zoning Rights
Upon payment of the required application fees and submission of a completed application, an applicant shall be entitled to have his/her application reviewed and acted upon pursuant to the terms of the Land Use Code and Zoning Map in effect at the time of filing subject to the exceptions set forth below:
A. The Planning Commission finds that a compelling, countervailing public interest would be jeopardized by approving the application or
B. Revisions to the Code are pending at the time of application which might prohibit or further condition the requested approval. The Planning Commission shall consider an application if one hundred and eighty (180) days have passed since the pending revisions to the Code were initiated and/or if the pending revisions have not resulted in enactment that prohibits approval of the application as submitted.
1.13 Special Application Process
A. Planned Development (PD) Review Process
Applications for proposed Planned Developments to be built according to a Project Plan which provides for mixed uses and/or density transfers and clustering within the site shall be reviewed according to Chapter 13, Planned Development.
1. The Board of Adjustment shall review requested variances in accordance with the regulations set forth in Chapter 4, Board of Adjustments and/or Utah Code Sections 10-9-701 to 10-9-707.
2. All variances must be approved by the Board of Adjustment prior to the issuance of any permit for a Planned Development by the Planning Commission.
3. All action on an application shall be stayed upon determination that a variance is required and until the applicant has obtained the variance approval(s).
B. Plat Amendments and Subdivisions
Plat amendments and subdivisions shall be reviewed pursuant to Chapter 12, Subdivision. No Building Permit shall be issued prior to required approval(s).
C. Administrative Lot Line Adjustments
Administrative Lot Line Adjustments shall be reviewed in accordance with the regulations set forth in Chapter 7. Supplementary and Qualifying Regulations.
1.14 Subdivision Ordinance: Requirements and Process
The substantive requirements of the application form as well as the review and appeal process shall remain unchanged when applied to subdivision development.
The Town may impose requirement(s) on proposed land use development if an essential connection exists between a legitimate governmental interest and each requirement; and if each requirement is roughly proportionate, both in nature and extent, to the impact of the proposed development. An example of this might be a requirement to provide open space, parks, bike paths, etc.
1.15 Plat Approval
All projects requiring the recording of a plat or record of survey map, under applicable state law, shall conform to the following standards before the Town will grant approval:
A. Owner’s Signature Required
A subdivision plat must be signed by the property owner(s) as well as all others claiming an interest in the property within the plat, including those holding a security interest in the property and excluding mechanic and judgment liens. All owner's signatures must be notarized.
B. Contents of Plat
The plat must have signature blocks for the Town's Mayor, Engineer, Clerk, Attorney, Planning Commission Chair and County Recorder. A licensed surveyor must certify the survey data and accuracy of the plat with their official stamp. Additional required signatures may be determined by the Planning Commission.
C. Submission
In addition to the contents of the plat to be recorded, the submission for plat approval must be accompanied by:
1. any covenants, codes and restrictions (CCR's);
2. any declarations, easements and/or rights-of-way
3. a current title report showing all persons holding interest in the property and verifying that ownership is consistent with that indicated on the plat.
4. legal descriptions of the property confirming consistency of ownership among the plat, declarations or covenants and the title report.
5. a tax clearance indicating that all taxes, interest and penalties owing on all property within the limits of the subdivision have been paid.
D. Effect of Approval
In approving a plat, the Town and its officers and agents are only certifying that the recording of a plat and the prior approval of the project are in substantial compliance with all relevant Town statutes and ordinances. The Town does not make any representations to either the accuracy of the information presented in the plat drawn by the developer or the value of the project.
E. Recording
Following final approval by the Town Council, the Town Clerk shall release the fully executed plat and, if applicable, the declaration and covenants to either the title company designated by the developer or to the County Recorder for recording. The Town has no obligation to pay recording fees.
No plat shall be recorded until the Town Clerk has verified that:
1. all fees required by the Town have been paid.
2. that all taxes or special assessment payable on all property within the limits of the subdivision have been paid.
1.16 Hearings
Notice of hearings before the Town Council, Planning Commission and/or Board of Adjustment shall be published/posted in accordance with this Section (see Notice Matrix). All notice, unless otherwise specified in this code or State law, shall describe the action(s) affecting the subject property, include the time, place and date set for public hearing and indicate that upon request, more detailed information is available from the Town Clerk. Notice shall be provided as follows:
A. Posted Notice
The Town shall post notice on the property affected by the application and in at least three (3) other public places within the Town.
B. Published Notice
Public Notice of the application shall be published in a newspaper that has general circulation within the Town.
C. Courtesy Notice
As a courtesy to adjacent property owners, each owner of a parcel located entirely or partly within three hundred feet (300’) of the subject property lines shall be notified by the Town. The addresses for adjacent owners shall be obtained from the most current Washington County tax assessment rolls. Courtesy notice is not a legal requirement, therefore, any defect in providing notice shall not affect or invalidate any hearing or action by the Town Council, Planning Commission or Board of Adjustment.
D. Effect of Notice
Proof that notice was provided pursuant to Subsection (A) and (B) above is prima facie evidence that notice was properly given. If notice given under authority of this Section is not challenged within thirty (30) days from the date of the hearing, the notice (as provided under State law) shall be considered adequate and proper.
1.17 Termination of Projects
It is the policy of the Town to require applicants to move proposed projects forward to approval or denial in a reasonably expeditious manner. Since the time required in the planning review process varies with the size and complexity of each proposal, the establishment of exact time requirements for review is impractical. It is the policy of the Town to formally deny projects submitted to the review process that remain inactive for long periods of time due to acts or omissions of the applicant.
A. Termination of Applications
When the Planning Commission determines that an application has been inactive for six (6) months or more, they may deny the project application and close the files.
No project shall be denied on the basis of inaction without giving twenty-one (21) days written notice by certified mail to the applicant and/or the responsible agent. Such notice shall state the intent of the Planning Commission to deny the project due to inaction with the right to appeal.
B. Inaction Defined
A project shall be deemed inactive and subject to denial on the basis of inactivity through acts or omissions on the part of the applicant as follows:
1. More than six (6) months have elapsed since the applicant's last meeting with the Planning Commission with no response from the applicant to the Commission's certified letters;
2. More than six (6) months have elapsed since a request for additional information was made by the Planning Commission and the applicant has neither replied to the request nor provided reasons for non-compliance;
3. The applicant is more than sixty (60) days in default of payment of fees assessed by Ordinance or has not paid the fees under protest;
4. The applicant has stated his/her intent to abandon the project;
5. The project has been abandoned.
Delays caused by the Town shall not be cause for termination.
C. Reinstatement and/or Denial of Reinstatement
An applicant may appeal the Planning Commission's denial of a project for inactivity to the Town Council. The Town Council, following a review of the Planning Commission's reasons for denial, may reinstate, modify and reinstate or deny reinstatement, providing written reasons for their decision.
If reinstatement is denied, all interest in the application is terminated. If the applicant desires to proceed with the project, he/she must reapply and pay the fees applicable to a new application process. The new application shall be subject to all Ordinances currently in effect.
1.18 Inspection
The Planning Commission is authorized to inspect or to have inspected all buildings and structures during the course of construction, modification or repair and to inspect land uses to determine compliance with Land Use Code ordinances. Except in cases of emergency, entry to an occupied building shall be made only in the presence, or with the written permission, of the owner, owners’ designated agent and/or tenant or under written court order.
1.19 Enforcement
The Planning Commission is authorized as the administrative and enforcing body for all provisions in this Code that are within their jurisdiction including entering actions in court if necessary. Failure to enforce shall not legalize violations of this Code. The Town may, by resolution or ordinance, entrust administration of this Code, in whole or in part, to another officer of the Town without amendment to this Code.
1.20 Nuisance and Abatement
Any use of land, building or premises established, conducted, constructed, altered or maintained contrary to provisions of this Code is declared to be unlawful and a public nuisance.
Activities that affect the quality of life within the Town, alter or unreasonably disturb the residential character and the peace and quiet of the neighborhood or are frequent, continuous, excessive or unlawful in nature shall be considered a nuisance and are prohibited. Examples include, but are not limited to, activities that disburse environmental pollutants and/or liquid and solid wastes (i.e. sewage, oil, chemicals); create excessive noise and/or vibrations; result in unnecessary lighting and/or light trespass; and/or use mechanical or electrical equipment that creates and distributes dust, odors and/or noxious fumes, etc.
Activities that negatively impact farming and/or livestock operations as well as the disturbance of wildlife are considered a nuisance and are prohibited.
The landing or takeoff of a helicopter within the Town limits (except for recognized government emergency personnel for rescue/emergency purposes) is considered a safety hazard and public nuisance and is prohibited.
The Town shall initiate appropriate legal action to restrain and/or terminate uses that are prohibited and in violation of, or contrary to, the provisions of the Rockville Land Use Code.
1.21 Penalties
Any person, partnership, firm or corporation convicted of violating, causing or permitting violation of the provisions of this Code shall be guilty of a Class B misdemeanor which is punishable by not more than six (6) months in jail and/or a fine not to exceed one thousand dollars ($1,000).
Any person, firm, partnership or corporation convicted of violating this Code shall be deemed guilty of a separate offense for each day during which any violations of this Code have occurred.
In addition, the Town shall be entitled to bring an action to prohibit and/or terminate continuation of the violation.
Residents or property owners of Rockville have the right to file actions against their Town to prohibit or terminate the continuation of a violation affecting their interests provided the plaintiff in such action shall give notice to the Town at least ten (10) days prior to filing the action.
1.22 Severability (see Chapter 26)
If any section, subsection, sentence, clause or phrase of this Code is, for any reason, held to be invalid, such holding shall not affect the validity of the remaining portion of this Code.
1.23 Licensing Must Conform to Code
All officials and employees of the Town who are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Code and issue permits and licenses only in conformance with this Code. Licenses and permits issued in violation of this Code shall have no effect and are null and void.
1.24 Fees
Fees will be charged to applicants for building, occupancy and/or home occupation permits; for planned development and business license applications; for Board of Adjustment hearings and special meetings of the Town Council or Planning Commission other than those regularly scheduled as well as for other services that are required by this Code to be performed by public officers or agencies. The Town shall establish fees in amounts reasonably needed to defray related costs.
1.25 Appeals, Reconsideration and Call-up Process
A. Planning Commission
Final actions by the Planning Commission may be appealed to the Town Council acting as the Appeal Authority.
B. Standing to Appeal
The following shall have standing to appeal a final action:
1. Any person who submitted written comment or testified on a proposal before the Planning Commission;
2. The owner of property within three hundred feet (300’) of the boundary of the site under consideration;
3. The owner(s) of the property under consideration.
C. Standards for Review of Appeals
1. An applicant or other person(s) or entities who believe they have been adversely affected by a Planning Commission interpretation or decision may appeal to the Town Council acting as the Appeal Authority by alleging that an error was made in the interpretation or administration of the Land Use Code.
2. The Town Council shall determine the validity of a decision by the Planning Commission in its interpretation and application of the Land Use Code.
3. Only decisions which the Planning Commission has applied a Land Use Ordinance to an application, person or parcel may be appealed to the Town Council.
4. The person or entity making the appeal has the burden of proving an error was made.
D. Timing
All appeals must be made within thirty (30) calendar days of the final action by filing a written notice of appeal with the Town Clerk specifying the grounds for appeal.
The Town Council, in consultation with the appellant, shall set a date for the appeal to be heard.
E. Form of Appeal
Appeals shall include the name, address, email address and telephone number of the petitioner, his/her relationship to the project or property under consideration and a comprehensive statement of all reasons for the appeal, including specific provisions of the Code allegedly violated by the action taken.
F. Town Council Action on Appeals
1. The Town Clerk shall obtain relevant data from the Planning Commission and other pertinent information and documents, and transmit this data to the Town Council.
2. The Town Council may affirm, reverse, partially affirm or reverse or modify any decisions of the Planning Commission. The Town Council may remand the matter to the Planning Commission with directions for specific areas of review or clarification.
3. Town Council review of petitions of appeal shall be limited to consideration of only those matters raised by the petitioner(s) unless the Council, by motion, enlarges the scope of the appeal to accept additional information.
4. The Town Council shall prepare detailed written findings on any appeal that it denies, approves or modifies. These findings shall state the reasons for denial, approval or modification and cite provisions of the Code, Ordinances, other guidelines and/or applicable State or Federal laws or regulations that support that decision. Should approval be given with conditions, an explanation of why the conditions were determined to be necessary shall be provided.
5. The Town Council shall adopt the written findings within fifteen (15) working days of the vote.
G. Town Council Call-up Review
1. The Town Council, on its own motion, may call up for review any final action by the Planning Commission. The Call-up Review must be made within fifteen (15) calendar days of final action taken by the Planning Commission and requires a majority vote of the Council.
2. The Town Council, in consultation with the applicant under review, shall set a date for a Call-up Review.
3. The Town Clerk shall give notice, including date and time, of the Call-up Hearing Review to the Chair of the Planning Commission and the applicant under review.
4. The Town Clerk shall obtain relevant data from the Planning Commission and other pertinent information and documents, and transmit this data to the Town Council.
5. Town Council review of petitions of appeal shall be limited to consideration of only those matters raised by the petitioner(s) unless the Council, by motion, enlarges the scope of the appeal to accept additional information.
H. Notice
Seven (7) days prior to the hearing, notice of appeals to the Town Council or Call-up Reviews shall be posted on the property affected and mailed to all parties who received mailed notice of the original action.
I. Stay of Approval Pending Review of Appeal
Upon filing a petition for review of a Planning Commission decision by the Town Council, any approval(s) granted by the Planning Commission will be suspended until the Town Council has acted on the Appeal or the Call-up Review.
J. Finality of Action
Final action shall be taken when the Town Council has adopted and executed written findings of fact, conclusions of law and, if applicable, conditions for approval.
K. Reconsideration
The Town Council or the Planning Commission may, at any time prior to final action, reconsider any issue related to an appeal or quasi-judicial decision upon a majority affirmative vote of either body. Any action taken by the Town Council or Planning Commission shall not be reconsidered or rescinded at a special meeting unless the number of members of the deciding body present at the special meeting is equal to or greater than the number of members present when the original action was taken.
L. Appeal of Town Council Decisions
Any person who believes they have been aggrieved by a Town Council decision affecting his/her property may appeal that final action by filing a civil action in a court of competent jurisdiction. The decision of the Town Council shall stand, and those affected by the decision may act in reliance on it unless and until the court enters an interlocutory or final order stating the legality of the decision.
1.26 Constitutional Taking Review and Appeal
In order to promote the protection of private property rights and prevent the physical taking or exaction of private property without just compensation, the Town Council and all commissions and boards shall adhere to the following before authorizing the seizure or exaction of property (pursuant to Section 63-90-1 of the Utah Code Annotated 1953, as amended):
A. Takings Review Procedure
Prior to any proposed action to exact or seize property by the Town Council or any board or commission, the Town attorney shall review the proposed action to determine if a Constitutional taking requiring just compensation might occur. The Town attorney shall review all matters pursuant to the guidelines established in Subsection (B).
Upon identifying a possible Constitutional taking, the Town attorney shall, in a confidential and protected writing, inform the Town Council, Planning Commission or Board of Adjustment of the possible consequences of the action under consideration. This opinion shall be advisory only and no liability shall be attributed to the Town for failure to follow the recommendations of the Town attorney.
B. Takings Guidelines
The Town attorney shall review the action under consideration to determine if said action is a Constitutional taking under the Fifth or Fourteenth Amendments to the Constitution of the United States or under Article 1, Section 22 of the Utah Constitution.
The Town attorney shall determine whether the action under consideration bears a fundamental connection to a legitimate governmental interest or whether the action is roughly proportionate and reasonably related to a legitimate governmental interest. The Town attorney shall also determine whether the proposed action deprives the private property owner of all reasonable use of his/her property.
These guidelines are advisory only and shall neither expand nor limit the scope of the Town's liability for a Constitutional taking.
C. Takings Appeal Board
There is hereby created a three (3) member Takings Appeal Board. When required, the Mayor shall appoint three (3) current members of the Board of Adjustment to serve on the Takings Appeal Board.
D. Appeal
Any owner of private property who believes that his/her property is proposed to be taken by a final action of the Town may appeal the Town's decision to the Takings Appeal Board within thirty (30) days after the decision is made. The appeal must be filed in writing with the Town Clerk.
The Takings Appeal Board, with advice from the Town attorney, shall review the appeal pursuant to the guidelines in Subsection (B) and shall hear and approve, remand or reject the appeal within fourteen (14) days after the appeal is filed.
The decision of the Takings Appeal Board shall be in writing with a copy given to the appellant, the Town Council and the Commission or Board taking the initial action.
The Takings Appeal Board's rejection of an appeal shall constitute final Town action.
1.27 District Court Review of Appeal Authority
No District Court Review may take place until the complainant has exhausted all Town administrative remedies available.
When all administrative remedies have been exhausted, the complainant may appeal final action by the Town Council by filing a civil action in a court of competent jurisdiction.
The decision of the Town Council shall stand until the court enters an interlocutory or final order stating the effectiveness of the decision.
The procedure for District Court Review will follow the process as outlined in Utah State Code, Section 10-91-801 under Article 1, Section 22 of the Utah Constitution. (See Appendix A to Chapter One).
NOTICE MATRIX |
|||
|
ACTION |
POSTED |
MAILED |
PUBLISHED |
|
Zoning and Rezoning |
14 days prior to the hearing before the Planning Commission and Town Council |
To owners of the property and owners of property within 1000 ft of property 14 days prior to the hearing before the Planning Commission and Town Council (if an individual property) |
Once 14 days prior to each hearing before the Planning Commission and Town Council |
|
Substantive Amendments to Land Use Code |
14 days prior to the hearing before the Planning Commission and Town Council |
---------- |
Once 14 days prior to the hearing before the Planning Commission and Town Council |
|
Procedural Amendments to Land Use Code |
---------- |
---------- |
Once 7 days prior to the hearing before Town Council |
|
Amendments to the General Plan |
14 days prior to the hearing before the Planning Commission and Town Council |
---------- |
Once 14 days prior to the hearing before the Planning Commission and Town Council |
|
Planned Developments |
14 days prior to the hearing before the Planning Commission |
To owners within 1000 ft 14 days prior to the hearing before the Planning Commission |
Once 14 days prior to the hearing before the Planning Commission |
|
Appeals from Planning Commission, including Town Council Call-Up |
7 days prior to the date set for the appeal or call-up |
To all parties who received mailed notice for the Planning Commission meeting 7 days prior to the Town Council meeting |
NONE |
|
Variance Requests, Non-conforming Use Modifications and Appeals to Board of Adjustment |
14 days prior to the hearing before the Board of Adjustment |
To owners within 300 ft., 14 days prior to the hearing before the Board of Adjustment |
Once 14 days prior to hearing before the Board of Adjustment |
|
Annexations |
Varies depending on number of owners and whether amending the policy declaration, so verify with the Town Attorney |
||
|
NOTICE MATRIX |
|||
|
ACTION |
POSTED |
MAILED |
PUBLISHED |
|
Termination of Project Applications |
---------- |
Mailed Notice: To developer and certified agent by certified mail 60 days prior to hearing before the Planning Commission |
---------- |
|
Preliminary and Final Subdivision Plat Applications |
14 days prior to the hearing before the Planning Commission |
To owners within 1000 ft 14 days prior to the hearing before the Planning Commission |
Once 14 days prior to the hearing before the Planning Commission |
Chapter 2. Definitions
2.1 Definition Usage
Unless the context requires otherwise, the following definitions shall be used in the interpretation and construction of this Code. Words not defined herein shall have a meaning consistent with either definitions as defined in any other ordinance adopted by the Town of Rockville, by Webster’s New Collegiate Dictionary, latest edition, or which is consistent with the best available planning practices. Words used in the present tense include the future; the singular numbers shall include the plural, and the plural the singular; the word "building" shall include “structure”; the word "shall" is mandatory and not directory; and the word "may” is permissive; the word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual; the word "lot" includes the word plot, or parcel.
2.2 Definitions
Abandoned. A structure, use or building that has not been utilized for a period of twelve (12) consecutive months.
Abandoned Sign. A sign, which no longer identifies or advertises a legal business, services, owner, product, or activity, and/or for which no legal owner can be found.
Accent or Architectural Lighting. Lighting of building surfaces, landscape features, statues and similar items for the purpose of decoration or ornamentation; lighting that does not contribute to the safety or security of residents, guests, employees or customers on a property.
Access. The provision of vehicular and/or pedestrian ingress and egress to structures or facilities.
Accessory Use or Building. A use or building on the same lot with, and of a nature incidental and subordinate to, the principal use or building. Any accessory building shall not have any plumbing and shall not be a separate living facility.
Administrative Permit. A document issued by the Town staff for permitting a specified use provided the requested use in compliance with applicable zoning regulations.
Advertisement. An enticement designed to stimulate public desire to buy or patronize through signs visible from the public right of way or any off-premises advertising (including, but not limited to, newspapers, magazines, pamphlets, leaflets, radio, television or internet).
Advertising. To call public attention to goods or services by emphasizing desirable qualities in order to create the desire to buy or patronize same.
Agent. The person who has received the notarized, written authorization from an owner to act on the owner’s behalf and to file an application with the Town.
Agricultural Analysis. The following factors shall be used as guidelines or issues in the preparation and review of the agricultural impact analysis:
A. Protection of irrigation access and maintenance of ditches and canals.
B. Safety and protection of the public from ditches, canals, ponds and drainage systems.
C. Livestock movement corridor protections and safety concerns.
D. Fencing safety (i.e. electrical, barb wire) and design.
E. Private property protection issues.
F. Hunting protection, access and livestock safety concerns.
G. Protection of farm equipment ingress and egress.
H. Erosion and soil protection and conservation concerns.
I. Drainage designs to minimize the discharge or impact on agricultural lands and soils.
J. Plan for the control of noxious weeds, pests and pets (dog) controls in the proposed development.
K. Provisions, acknowledgments and understandings by new property owners (including hold harmless agreements, if necessary) that farm work hours run late and begin early and that farm operations may contribute to noises and odors objectionable to some residents.
L. Screening provisions and landscaping designs to reduce noise or visual impacts on surrounding or conflicting land uses.
M. Any other provisions or concerns that the Planning Commission deems necessary to protect the right to farm on adjoining or appurtenant properties.
Agricultural Grading. Agricultural grading involves the rearrangement or leveling of soil and/or rocks on the same property (not from one property to another).
Agricultural Industry or Business. An industry or business involving agricultural products in manufacturing, packaging, treatment, sales, intensive feeding, or storage, including but not limited to animal feed yards, fur farms, food packaging or processing plants, commercial poultry or egg production, and similar uses as determined by the Planning Commission.
Agricultural Production. Land devoted to the raising of useful plants and animals with a reasonable expectation of profit, including, but not limited to, general farming, livestock and poultry enterprises, grazing, nurseries, horticulture, viticulture, truck farming, forestry, sod production, wild crop harvesting, nut and fruit crops, honeybees and the on-site structures necessary to conduct these activities.
Agriculture. The tilling of the soil, the raising of crops, horticulture and gardening; breeding, grazing and 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.
Alley. A public access-way less than twenty-six feet (26’) in width, which is designed to give secondary access to lots or abutting properties; an alley shall not be considered a street, for the purposes of this Code.
Animals. Animals including, but not limited to, the following: horses, cows, sheep, goats, llamas and pigs.
Animals, Exotic or Wild. Any animal or household pet not commonly maintained in a dwelling unit with humans, nor commonly maintained on a farm.
Animals, Livestock. Domestic animals kept for use on a farm or raised for sale.
Appeal Authority. A person, board, commission, agency or other body designated by ordinance to decide appeals of land use applications or variances.
Applicant. The owner or owner’s agent of the property that is the subject of an application. An individual, business or organization applying to the Town for a building permit; a business license; a home occupation permit; a special event permit or other permitted uses.
Authorized Representative. Any Town employee, official or designee who has been designated by the Town Council to represent the Town in enforcing or carrying out the functions of the Town Council as set forth in this Code.
Automobile Service Station. A place where gasoline, or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, and where services performed may include tube and tire repair, battery charging, storage of merchandise, lubricating of automobiles, replacement of spark plugs, lights, fans, and other small parts, but not including major auto repair.
Average Percent of Slope. An expression of rise or fall in elevation along a line perpendicular to the contours of the land, connecting the highest point of land to the lowest point of land within an area or within a lot. A vertical rise of one hundred feet (100’) between two points one hundred feet (100’) apart, measured on a horizontal plane is a one hundred percent (100%) percent slope.
Balloons, Anchored. A temporary sign attached to a string, rope, wire or part of a structure and extending vertically from or hovering high above a structure.
Banner. A temporary sign of lightweight fabric or similar material, attached to, appended on or extending from any structure.
Basement. A story whose floor is more than twelve inches (12”) below the average level of the adjoining ground, but where no more than one-half (1/2) of its floor-to-ceiling heights is above the average contact level of the adjoining ground. A basement shall be counted as a story for purposes of height measurement, and as a half-story for the purpose of side-yard determination.
Bed and Breakfast. An establishment which provides overnight accommodations and a breakfast meal for consideration for the drive-in accommodation of transient guests.
Beginning of Construction. The placing of concrete footings for a building or structure.
Benchmark. A surveyor’s mark made on a stationary object of previously determined position and elevation and used as a reference point in observations and surveys.
Billboard. A structure of any kind or character erected or maintained for advertising of any business activity, use, service or product not sold or produced on the premises upon which the sign is placed.
Block. The land surrounded by streets or other rights-of-way, other than an alley, or land which is designed as a block on any recorded subdivision plat.
Boxcar Storage Container (aka Portable Storage Container). A movable weather-resistant container designed and used for the storage or shipment of property.
Buildable Area. The portion of a lot remaining after required yard setbacks have been provided. Land with an average grade exceeding fifteen percent (15%) shall not be considered a buildable area unless it is approved for construction by the Planning Commission following studies by a geologist, soils engineer or sanitarian.
Building. Any structure used or intended to be used for the shelter or enclosure of persons, animals, or property.
Building, Accessory. A building which is subordinate to, and the use of which is incidental to, that of the main building or use on the same lot.
Building, Attached. A building connected by any two (2) of the following: a common wall, a continuous wall, a continuous foundation, or a continuous roofline. Walls or fences, patios, porches, terraces or other roofed accessory uses open on at least two (2) sides shall not constitute an attached building. No attached building shall be further than 30’ from the main structure and shall not be used as an additional residence.
Building Code. The adopted International Building Code, including any additions and amendments effective in the Town of Rockville.
Building, Farm. An agricultural structure assembled for a purpose relating to livestock or crops.
Building
Footprint.
The building footprint is the total area of the foundation of the structure, or
the furthest exterior wall of the structure projected to natural grade, located
within the building’s pad area.
Building Height. The vertical distance from the lowest, pre-excavated level to the highest point of the building.
Building Inspector. The official designated as the building inspector for the Town of Rockville by the Rockville Town Council.
Building Official. Any person so designated by the Town.
Building Pad. The building pad denotes that area in which the entire new building may be located. (See Limits of Disturbance)
Building Permit, Simple. A permit issued by the Building Inspector who has determined that the proposed project does not: increase the square footage or footprint, increase the height, change the use, or require major structural, electrical, or plumbing changes/improvements to the structure.
Business Sign. A sign displaying information pertaining to a service offered by a single business located on a particular premise.
Campground. A public or private area designated by a public agency for camping.
Camping. A temporary establishment of living facilities such as tents or recreational coaches as regulated by this title.
Carport. A private garage not completely enclosed by walls or doors. For the purposes of this Code, a carport shall be subject to all the regulations prescribed for a private garage.
Cemetery. An area set apart for or containing graves.
Charitable Organization. Any recognized religious organization, or any social or welfare organization recognized and dedicated to the relief of the poor, care of the sick or elderly, or aid to victims of disaster, catastrophe, personal tragedy, or common good of the community.
Church. A building, together with its accessory buildings and uses, maintained and controlled by a duly recognized religious organization where persons regularly assemble for worship.
Cliff Edge. The edge of a high, steep face of a rocky mass or precipice.
Cluster Development. A development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space, agriculture, and preservation of environmentally sensitive areas.
Code. The Town of Rockville Land Use Code
Commercial. Made or done for profit.
Commercial Activities. Having profit as a chief aim or purpose; to apply business methods in the conduct of those activities.
Common Area. Facilities and yard areas under common ownership identified within projects, generally subdivisions, for the use and enjoyment of the residents. Common areas are generally maintained and operated by an organization of property holders.
Comparable. Similar, equivalent or analogous (alike - similarity in some respects between
things otherwise dissimilar).
Compatible. Refers to characteristics of different uses or design that integrate with and relate to one another to maintain and/or enhance the context of a surrounding area or neighborhood. Elements affecting compatibility include, but are not limited to, height, scale, mass and bulk of buildings, pedestrian and vehicular circulation, parking, landscaping and architecture, topography, environmentally sensitive areas, agricultural lands, and building patterns.
Complete Application. An application which contains all of the submittal requirements and fees as specified on the application.
Concession. A privilege to sell food, beverages, souvenirs, or copyrighted or logoed event memorabilia at a licensed event.
Conditional Use. A use that, because of its unique characteristics for potential impact on the city or town, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts.
Constitutional Taking. Final actions(s) by the Town involving the physical taking or exaction of private real property that requires compensation to a private real property owner because of the mandates of the Fifth or Fourteenth Amendments to the Constitution of the United States, or of Article I, Section 22, of the Utah Constitution.
Construction Activity. Means all grading, excavation, construction, grubbing, mining, or other development activity which disturbs the natural vegetation or grade of the property.
Construction Sign. A temporary sign stating the names of those individuals or firms directly connected with the construction of a project, their addresses and telephone numbers.
Corner Site. A site with a dedicated right-of-way on at least two (2) sides excluding parking lots, alleyways, and pedestrian access.
Corral. A space, other than a building, less than one (1) acre in area, used for the confinement of animals or fowl.
Coverage, Building. The percent of the total site area covered by buildings.
Crest of Hill. The highest point on a hill or slope as measured continuously throughout the property. Any given property may have more than one hill crest.
Culinary Water Authority. The department, agency or public entity with responsibility for reviewing and approving the source of water and culinary water system for a property.
Cut. The removal of soil, rock or other materials.
Cut and Fill Slope. As in the building of a road: one cuts (excavates) the high side of the road and fills the low side with the soil, rocks or other materials from that cut. The amount of fill from cuts roughly matches the amount of fill needed to complete the job.
Cut Slope. A slope created by cut activities.
Defensible Space. An area either natural or man-made where materials capable of allowing fire to spread unchecked has been treated, cleared or modified to slow the rate and intensity of an advancing wildfire creating an area for fire suppression operations to occur.
Development. The act, process or result of erecting, placing, constructing, remodeling, converting, altering, relocating, or demolishing any structure or improvement to real property including grading, clearing, grubbing, mining, excavating or filling of such property.
Development Approval Application. Includes any application for any development approval including, but not limited to, grubbing, grading, an alteration or revision to an approved Planned Development, permits, zoning or rezoning, subdivision or annexation.
Development Sign. A sign listing the planner, architect, landscape architect, engineer, contractor, financier or other person or firm participating in the development, construction or financing of the project on the premises on which the sign is located.
Direct Illumination. Illumination resulting from light emitted directly from a lamp, luminary or reflector. This does not include light reflected from other surfaces such as the ground or building faces.
District. A portion of the territory of the Town of Rockville established as a zoning district by this Code, within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Code; also includes "zone", and "zoning district".
Dog Grooming. Cleaning and caring for dogs with the intention of making the animal neat and attractive; generally includes bathing, brushing, clipping toenails, cleaning ears and hair trimming.
Driveway. A private roadway, the use of which is limited to persons residing, employed, or otherwise using or visiting the parcel on which the driveway is located.
Dwelling. Any building or portion thereof designed or used as the more or less permanent residence or sleeping place of one or more persons or families which is occupied for no less than thirty (30) days. This does not include a tent, recreational coach, hotel, motel, hospital or nursing home. Minimum square footage of a dwelling shall be eight hundred (800) sq. ft.
Dwelling, Mobile Home. (See "Mobile Home".)
Dwelling, Multiple family. A building arranged or designed to be occupied by more than two (2) families, and having more than two (2) dwelling units.
Dwelling, Single-family. A building arranged or designed to be occupied by one (1) family, the structure having only one (1) dwelling unit.
Dwelling, Two-family. A building arranged or designed to be occupied by two (2) families, the structure having only two (2) dwelling units.
Dwelling Unit. One or more rooms in a dwelling, apartment, hotel, or motel, designed for or occupied by one (1) family for living or sleeping purposes.
Earth Shelter Home. A dwelling specifically designed for energy saving purposes to be below the finished grade. A lived in basement of an uncompleted single-family dwelling shall not constitute an earth shelter home.
Easement. That portion of a lot or lots reserved for present or future use by a person or agency other than the legal owner(s) of said property(ies). The easement may be for use under, on, or above said lot or lots.
Economic Hardship. A denial of reasonable use of a property.
Emblem. A symbol or trademark which uniquely characterizes a business, civic, political, philanthropic, or religious organization; or personal interest.
Engineer. The engineer/surveyor engaged to prepare a final plat or to complete such data that is required in accordance with this Code. A properly trained, licensed and registered professional skilled in applying scientific principles to the design, construction and operation of efficient and economical structures, equipment, systems and land.
Entity (Private). Person, partnership, corporation, Limited Liability Company, organization, business or other lawful entity, which has a legal existence for which accounting records are maintained and financial statements are prepared. Persons and corporations are equivalent entities under the law.
Environmental Hazard. The storage or discharge of or exposure to a substance that has been determined by an appropriate regulatory agency (local, State or Federal) to be detrimental to human health, to the health of livestock, or to the general health of the environment.
Essential Facilities. Utilities or sanitary and public safety facilities provided by a public or other Town-approved agency for overhead or surface or underground services, excluding any building, electrical sub-station or transmission line of fifty (50) KV or greater capacity, except by conditional use permit.
Excavation. To remove earth or dig a hole or cavity in the ground, usually with a machine; dig out and remove earth or soil. Often excavation is preparatory to laying the foundation for a building.
Excavate. Removal or recovery by any means whatsoever of soil, rock, minerals, mineral substances, or organic substances, other than vegetation, from water or land, on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged.
Existing Features Map. The minimum map must include;
A. a contour map based at least upon topographical maps published by the U.S. Geological Survey;
B. the location of severely constraining elements such as steep slopes over fifteen percent (15%), wetlands, watercourses, intermittent streams and 100‑year floodplains, and all rights‑of‑way and easements;
C. soil boundaries as shown on USDA Natural Resources Conservation Service medium intensity maps; and
D. the location of significant natural and cultural features such as open fields (natural and agricultural), scenic views into or out from the property, watershed divides and drainage ways, fences or rock walls, rock outcrops, and existing structures, graveyards, roads, tracks and trails
Family. One or more persons living as a single housekeeping unit.
Fees. Charges assessed by the Town for licensing, staffing, equipment use/rental, property use/rental, clean up, inspections involving the use of public property, public employees, or public equipment.
Fence. A physical barrier to delineate, contain, or designate an area designed for a specific use (i.e., an enclosure for a dwelling unit, an area for storage, etc.).
Final Action. The final vote or decision on a matter. When required, adoption of the necessary Findings, Conclusions of Law and Conditions of Approval shall constitute the final action.
Final Plat. A final plat prepared in accordance with the provisions of the Code which plat is designated to be placed on record in the office of the County Recorder.
Flag Sign. A temporary sign with one end attached to a rope, pole or any other structure designed to move in the wind, excluding flags of a state, nation or municipality.
Flashing Sign. An animated sign that intermittently reflects lights from either the sun or an artificial source; or has any illumination which is not constant in intensity, color or pattern during all times in which the sign is illuminated.
Flood Hazard. A hazard to land or improvements due to inundation or overflow water having sufficient velocity to transport or deposit debris, scour the surface soil, dislodge or damage buildings, or erode the banks of water courses.
Floodlight. A fixture or lamp designed to “flood” an area with light. A specific form of lamp or fixture designed to direct its output in a specific direction. These lamps are often designated as such by the manufacturer and are commonly used in outdoor lighting.
Flood Plain Area. An area adjoining a river, stream, or water course, or other body of standing water in which a potential flood hazard exists due to inundation or overflow of water. Any area designated as a flood plain by the Department of Housing and Urban Development or Federal Emergency Management Agency of the United States Government.
Freestanding Sign. A sign supported by an upright or braces placed upon or into the ground and detached from any building.
Frontage, Lot. The lineal measurement of the front lot line.
Full Cutoff Fixture. An outdoor light fixture designed so that the installed fixture emits no light above the horizontal plane. Full cutoff light fixtures must be shielded in and of themselves. Surrounding structures, like canopies, are not to be considered when determining if a fixture is full cutoff. Full cutoff fixtures must be appropriately mounted so that the shielding prevents light from escaping above the horizontal and all light is directed downward.
Gabion Basket. A metal or wire cage filled with ballast or stone that is often used in constructing large-scale retaining walls.
Garage, Private. A detached accessory building, or a portion of a main principal building, used or intended to be used for the storage of motor vehicles, recreational vehicles, recreational coaches, boats or other recreational vehicles in which no occupation or business for profit is conducted..
Garage, Repair. A structure or portion thereof other than a private garage operating as a business, used for the general repair, rebuilding or reconditioning of engines and minor collision services, but not including major body, frame or fender repairs or automobile or truck painting.
General Plan. The comprehensive plan prepared and adopted by the Planning Commission and Town Council, that sets forth general guidelines for proposed future development of the land within the Town, as set forth in Utah Code Annotated Sections 10‑9‑301 and 10‑9‑302, as amended, and including any part of such plan separately adopted and any amendment to such plan, or parts thereof.
Geological Hazard. A hazard inherent in the crust of the earth, or artificially created, which is dangerous or potentially dangerous to life, property, or improvements, due to the movement, failure, or shifting of the earth.
Governing Body. The elected legislative body of the Town of Rockville.
Grade. Ground surface elevation of a site or parcel of land.
A. For buildings adjoining one (1) street only, the elevation of the sidewalk at the center of the wall adjoining the street.
B. For buildings adjoining more than one (1) street, the average of the elevations of the sidewalk at the centers of all walls adjoining the streets.
C. For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the centers of all exterior walls of the building.
D. Any wall parallel or nearly parallel to and not more than five (5) feet from a street line is to be considered as adjoining the street.
Grade, Existing. The grade of a property prior to any proposed development activity.
Grade, Final. The finished or resulting grade after the completion of the proposed development activity where earth meets the building.
Grade, Natural. The grade of the surface of the land prior to any development activity or other manmade disturbance. Natural grade, when not readily established due to prior modifications in terrain, shall be fixed by reference elevations and slopes at points where the prior disturbance appears to meet the undisturbed portions of the subject property or the adjacent property's undisturbed grade. The estimated natural grade shall tie into the elevation and slopes of adjoining properties without creating a need for new retaining walls, or abrupt differences in the visual slope and elevation of the land; and not change the direction or flow of run-off water
Grading. To remove or alter the position of soil, rocks, vegetation or other natural features in preparation for roads, structural construction or the leveling or clearing of land. As used in Chapter 16 and in this Land Use Code, grading is a generic term that includes the following: leveling, cutting, filling, excavation and other unnatural disturbance of land.
Gravel Pit. An open land area where sand, gravel, and rock fragment are mined or excavated for sale or off-tract use.
Guest House. Living quarters in an accessory building for temporary use by guests or family members of the occupants of the main living quarters.
Hardship (as it applies to the Land Use Code). Depriving a property owner of reasonable use of the property. The property owner cannot create a hardship; the hardship must be created by the property.
Height. The vertical distance measurement from a structure’s lowest point of ground at the perimeter of the foundation contact with the existing pre-excavated level or from the finished grade, whichever is lower, to the highest point of the structure.
Home Occupation. Any use conducted entirely on premises and carried out by persons residing in the dwelling unit. Commercial activities that can be accommodated adequately in private residences. This accessory use will be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character thereof. The dwelling shall be the principal residence of the occupants. The home occupation shall not include any display; stock in trade, employees or the use of advertising except as provided herein.
A home occupation may include, but is not limited to, the following: The office or studio of a physician, dentist, artist, musician, lawyer, architect1 engineer, teacher, or similar professional; workshops; dressmaking or hairdressing studios; and the care of not more than three (3) children other than members of the family residing in the dwelling unit.
Hotel. See Motel.
Household Pets. Animals or fowl ordinarily permitted in the house and kept for company or pleasure, such as dogs, cats, and canaries. Household pets shall not include the keeping of dangerous animals.
Identification Sign. A sign, other than a bulletin board, which serves to tell only the name and/or address of the premises upon which the sign is located, and is usually located at an access point.
Illegal Sign. A sign which does not meet the requirements of the Code.
Illuminated Sign, Indirectly. A sign whose source of light is not emanating from the sign structure and which illuminates a particular sign.
Illuminated Sign, Internally. A sign from which light emanates.
Impact Analysis. A determination of the potential effect(s) of a proposed residential, commercial, or industrial development upon the community and services it must provide.
Industrial. Pertaining to, or resulting from industry, or having anything to do with the business of manufacturing products.
Institute. An institution for advanced study, research, and instruction in a restricted field. A short teaching program established for a group concerned with some special field of work.
Internally Illuminated. (As related to signs) Any sign which has a light source that is entirely enclosed within the sign and that is not directly visible to the eye.
Invasive Species. Exotic, non-indigenous plants and trees which have expanded beyond their native range or have been introduced from other parts of the world. For example: salt cedar (a.k.a. tamarisk) is an invasive species which displaces native plants along hundreds of miles of river corridor.
Junk. Old or scrap copper, brass, rope, rags, batteries, paper trash, rubber debris or other waste or salvage materials; dismantled, junked, or wrecked automobiles or parts thereof; and old or scrap ferrous or non-ferrous metal materials.
Kennel (Commercial). Any premises where three (3) or more dogs older than four (4) months of age are raised, kept, housed, maintained, boarded, bred or cared for in return for remuneration, are considered to be engaged in a commercial business.
Kennel (Non-Commercial). Any premises where three (3) or more dogs are raised, kept, housed or maintained for the use and enjoyment of the resident for non-commercial purposes.
Kitchen. Kitchen shall mean an area set aside to be used or designated to be used, for the preparation of food. At minimum, a kitchen shall include a sink, stove and refrigerator, as well as an area for food preparation and for storage of cooking utensils and foodstuffs. A kitchen shall be completely separate from the bathroom area.
Land Use Application. An application form required by Town Land Use Ordinance when applying for a permit for a particular land use.
Land Use Authority. The Planning Commission designated by the Town Council to act upon land use applications.
Land Use Code. The official Town of Rockville Land Use Code adopted February 17, 1999 and effective February 17, 1999, as amended.
Land Use Ordinance. A planning, zoning, development or subdivision ordinance of the Town which does not include the General Plan.
Legal Non-conforming Sign. Any sign which was erected legally, but which does not comply with subsequently enacted sign restrictions and regulations.
Light Pollution. Any adverse effect of manmade light. Often used to denote “sky glow” from cities or towns, but also includes glare, light trespass, visual clutter and other adverse effects of lighting.
Light Source. The part of a lighting fixture that produces light.
Light Trespass. Light falling where it is not wanted or needed. Spill light falling over property lines that illuminates adjacent grounds or buildings.
LODF/Limits of Disturbance Fence. A limiting fence inside the natural property lines, which is used to mark the boundaries of the only area within the property lines which can be graded or disturbed. A LODF is no more than 20 feet beyond the actual excavation site for structures and 10 feer beyond roads, patios, pools, hot tubs, etc.
Local Jurisdiction. The Town of Rockville.
Locally Grown. Produce literally grown and harvested in the Town of Rockville. It does not include produce grown elsewhere and transported to Rockville.
Lot. A parcel or unit of land described by metes and bounds and held or intended to be held in separate lease or ownership, or a parcel or unit of land shown as a lot or parcel on a recorded subdivision map, or shown on a plat used in the lease or sale or offer of lease or sale of land resulting from the division of a larger tract into two (2) or more smaller units.
Lot, Corner. A lot abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty-five degrees (135°).
Lot, Depth. The horizontal distance between the front and the rear lot lines measured in the main direction of the side lot lines.
Lot Line, Front. For an interior lot, the lot line adjoining the street; for a corner lot or through lot, the lot line adjoining either street, as elected by the lot owner.
Lot Line, Rear. Ordinarily, that line of a lot which is opposite and most distant from the front line of the lot. In the case of a triangular or gore-shaped lot, a line ten feet (10’) in length within the parcel parallel to and at a maximum distance from the front lot line. In cases where these definitions are not applicable, the Rockville Building Inspector shall designate the rear lot line.
Lot Lines. The property lines bounding the lot.
Lot Line, Side. Any lot boundary line not a front or rear lot line. A side lot line separating a lot from another lot or lots in an interior side lot line; a side lot line separating a lot from a street is a street side lot line.
Lot, Right-of-way. A strip of land of not less than sixteen feet (16’) in width connecting a lot to a street for use as private access to that lot.
Maintenance, Signs. The cleaning, painting, repairing or replacement of defective pads of a sign in a manner that does not alter the copy, design or structure of the sign.
Manufactured Home. A structure, built after June 16, 1976, which conforms to all applicable building codes per Rockville Ordinance, and which is transportable in one or more sections on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.
Manufacturing. The making of goods or wares by manual labor or by machinery, including all steps necessary to convert raw materials, components or parts into finished good.
Maximum extent feasible. Means no prudent, practical and feasible alternative exists, and all possible planning to minimize potential harm has been undertaken. Economic considerations may be taken into account but shall not be the overriding factor in determining “maximum extent feasible”.
Mobile Home. A structure built prior to June 15.1978, transportable in one or more sections, which is eight (8) body feet or more in width and thirty-two (32) body feet or more in length and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to required utilities, and includes the plumbing, heating, air conditioning1 and electrical systems contained therein.
Mobile Home Awning or Cover. A lightweight, overhead structure used in conjunction with a mobile home for the purpose of shading or weather protection of areas such as carports, patios, porches, windows and similar uses.
Mobile Home Park. An approved residential development together with certain accessory buildings and uses providing for the enjoyment and benefit of the residents of the park, in which individual spaces are provided for the placement of a mobile home for a dwelling unit or sleeping purposes, whether or not a charge is made for such accommodations.
Mobile Home Space. A parcel of land within an approved mobile home park which is designed and intended for the accommodation of one (1) mobile home.
Modular Home. A structure built in accordance with the standards set forth in the International Building Code adopted and in effect at the time of construction which is composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation.
Monument Sign. A sign which is freestanding, has a solid base, and is mounted directly upon the ground.
Motel. A building or group of buildings for the drive-in accommodation of transient guests, comprising individual sleeping or living units, and designed and located to serve the motoring public.
Nameplate. A non-electric, on-premise, identification sign not exceeding one (1) square foot and signifying only the name of the occupant and his or her occupation or specialty.
Native Species. Plants and trees that are indigenous to the Zion Canyon/Colorado Plateau area.
Nonconforming Building or Structure. A building or a structure which does not conform to the regulations for height, coverage, or yard setbacks of the zone in which it is situated, but which was in conformity with applicable regulations, if any, at the time of its erection.
Nonconforming, Pre-existing Building or Structure. A building or structure which does not conform to the regulations for height, coverage or yard setbacks in the zone in which it is situated, but was in conformity with applicable regulations when built. It legally existed before the current land use designation, however, due to subsequent land use ordinance changes, it does not conform to setback, height restrictions or other ordinances that currently govern the zone.
Nonconforming, Pre-existing Use. The use of a building, structure or land which does not conform to use regulations for the zone in which it is located, but which was in conformity with applicable regulations at the time of its establishment. A use of land that legally existed before its current land use designation; has been maintained continuously (lapse of use no more than one year) since the time the land use ordinance regulation governing the land changed; and due to subsequent land use ordinance changes does not conform to the regulations that currently govern use in the zone.
Nonconforming Use. The use of a building or structure or land which does not conform to the use regulations for the zone in which it is situated, but which was in conformity with applicable regulations, if any, at the time of its erection.
Nuisance. An interference with the enjoyment and use of property. Examples of nuisance elements may include, but are not limited to, environmental pollutants (i.e., smoke or odors), liquid and solid wastes, (i.e. sewage, oil, chemicals), radiation, noise (i.e., barking dogs, loud music, motorized equipment), vibration, reflective light, heat, noxious weeds (State identified), unkempt vegetation (trees1 hedges), visual intrusions (i.e., antennas, satellite dishes, signs, lighting).
Obstacle. Something that stands in the way - obscures vision or passage.
Obstruction. To get in the way of, or hide from sight.
Official
Map. A map
which has been adopted as the official map of the Town of Rockville, showing
existing public streets, streets on plate of subdivisions which have
been approved by the Rockville Planning Commission, and/or other street
extensions, widenings, narrowings, or variations which have been accurately
surveyed and definitely located.
Off-street Parking Space. The space required to park one (1) passenger vehicle, which space shall meet the requirements of this Code.
On-site Sign. A structure of any kind erected or maintained for advertising of any business activity, use, service or product not sold or produced on the premises on which the sign is placed, and directing the reader to the location of a facility or group of facilities for which the sign is erected.
Open Space. The use of land which leaves soil generally undisturbed and upon which natural vegetation, whether or not native to the area, occupies the major visible aspect of the land. Open space is designated as such with the intent to minimize flooding, erosion and other environmental hazards; and to protect the natural scenic character of areas not suitable or not yet suitable for development.
Open space shall be defined as three separate types dependent upon occupancy, use, and control. All three types of open space are referred to collectively as "open space" in this Code. Any of these types of open space could be public or private open space. They shall include:
A. Open Space, Agricultural. Lands that historically have been used for agricultural purposes or have the potential to be converted to agricultural uses. These areas may be subject to an agricultural easement, deed restriction or Town ownership to ensure that they remain undisturbed and to provide public access as deemed appropriate by the Planning Commission or Town Council, in accordance with the regulations herein
B. Open Space, Natural. Natural, undisturbed areas with little or no improvements. Natural open space may include, but is not limited to, such areas as ridgelines, slopes over thirty percent (30%), wetlands, stream corridors, subdivision common area, or view corridors. These areas may be subject to a conservation easement, deed restriction or Town ownership to ensure that they remain undisturbed and to provide public access as deemed appropriate by the Planning Commission or Town Council, in accordance with the regulations herein.
C. Open Space, Recreational. Parks and areas of active recreation use including neighborhood or community centers intended for use by residents of the development, neighborhood or community.
Ordinary High Water Mark. Means the line on the bank to which the high water ordinarily rises annually in season as indicated by changes in the characteristics of soil, vegetation or other appropriate means, which consider the characteristics of the surrounding areas. Where the ordinary high water mark cannot be found, the top of the channel bank shall be substituted. In braided channels, the ordinary high water mark or substitute shall be measured so as to include the entire stream feature.
Outdoor Light Fixture. An outdoor electronically powered illuminating lamp or similar device used for lighting structures, parking lots, pathways, service canopies, recreational areas, signs or other outdoor lighting uses.
Owner. Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be developed or subdivided under these regulations.
Parcel. An unplatted unit of land described by a metes and bounds legal description and designated by the County Recorder’s Office with a unique tax identification number.
Parking Lot. An open area, other than a street, used for the parking of more than four (4) automobiles and available for public use, whether free, for compensation, or accommodation for clients or customers.
Pennant. A lightweight plastic fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string.
Permitted Use. A legal use of land, structure or activity allowed within a zoning district.
Planning Department. Shall be defined as the Planning Commission or any of its authorized designees, such as the Building Inspector, Engineer, Planner, or Town Clerk.
Planned Development. Development characterized by a unified site design for a number of housing units, clustering of buildings, providing common open space, density increases, and/or a mix of building types and land uses.
Plot Plan. A plat of a lot, drawn to scale, showing its actual measurements, the size and location of any existing buildings or buildings to be erected, the location of the lot in relation to abutting streets, and such other information as may be required by the Rockville Planning Commission.
Political Sign. A sign intended to draw attention to or communicate a position on any issue, candidate, or measure in any national, state, or local election.
Pre-Existing. To exist before (something); to exist previously.
Preliminary Plat. A plat made for the purpose of showing the design of a proposed development and the existing conditions in and around it. Such plat shall be based upon a survey of the property. The preliminary plat is a study plat which, when approved, will serve as a basis for the preparation of the final plat.
Public Hearing. A hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing.
Public Meeting. A meeting that is properly notified and open to the public under Utah Title 52 Chapter 4, Open and Public Meetings.
Public Improvement. Any drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement, or other facility for which the Town may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which Town responsibility is established. All such improvements shall be properly guaranteed.
Qualified Professional. Means a professionally trained person with the requisite academic degree, experience, and professional certification or license in the field or fields relating to the subject matter being studied or analyzed.
Quarry. An excavation or pit, usually open to the air, from which building stone or the like is obtained by cutting, blasting, etc.
Quasi-Public. A use, including services rendered, by a private company or corporation whose services benefit the public and may be considered public services. Examples of quasi-public use might include water companies, telephone, electric and other utility services.
Real Estate Sign. A temporary sign advertising the sale, lease, or rent of the property on which it is located, and the identification of the person or firm handling such sale, lease, or rent.
Recreation Facility or Park (Commercial). The use of property for recreational facilities operated as a business and open to the general public for a fee.
Recreation Facility or Park (Public). Public land which has been designated for recreational activities including, but not limited to: a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball, tennis or volleyball courts, pedestrian/bicycle paths, open space, wilderness areas or similar public land within the Town which is under the control, operation or management of Town authorities and open to the public with or without a fee.
Recreational Lighting. Lighting used to illuminate sports fields, ball courts, playgrounds and similar outdoor recreational facilities.
Recreational Vehicle. A vehicle, such as a travel trailer, tent camper, camp car or other vehicle with or without motive power, designed to travel on the public thoroughfare in accordance with the provisions of the Utah Vehicle Code, and designed for use as human habitation for a temporary and recreational purposes.
Registered Engineer. An engineer properly licensed and registered in the State of Utah.
Registered Land Surveyor. A land surveyor properly licensed and registered in the State of Utah.
Residence. A single dwelling unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
Residential Facility for the Elderly. A dwelling where no more than eight elderly persons reside in a strictly voluntary, family type arrangement; and, where one of the residents owns said facility, or where the facility is owned by one of the residents’ immediate family, or where title has been placed in trust for one of the residents.
Re-subdivision. A change in a map of an approved or recorded subdivision plat if such change affects any street layout in such map or area reserved thereon for public use, or any lot line; or if it affects any map or plat legally recorded prior to the adoption of any regulations controlling subdivisions.
Retaining Wall. A wall built to prevent earth from sliding, water from flooding, rocks from falling, and so forth.
Re-vegetation. The placement, planting, cultivation and continued care of native and/or drought-tolerant vegetation on disturbed areas and slopes, recreating, to the extent possible, conditions on the disturbed areas or slopes that existed prior to grading or construction.
Ridge Line Area. Means the crest of a hill or slope plus the land located within one hundred fifty (150) feet horizontally on either side of the crest.
Riprap. A foundation or sustaining wall of stones placed together without order, as in deep water or on an embankment, to prevent erosion.
Sanitary Sewer Authority. The department, agency or public entity with responsibility to review and approve the feasibility of sanitary sewer services or onsite wastewater systems.
School. A regular course of meetings of a teacher or teachers and students for instruction.
School, Boarding. A school at which meals and lodging are provided.
School, Private. A facility owned and operated by private, corporate, or non-profit interests for the purpose of providing educational instruction.
Schools, Public. A facility owned and operated by a public school district for the purpose of providing educational instruction.
Screen. The act, process, or result of visually shielding or obscuring a structure or use from adjacent property by fencing, walls, berms, densely planted vegetation or other landscaping features.
Security Lights. Lighting designed to illuminate a property or grounds for the purpose of visual security.
Sensitive Lands. Lands designated as such by the Sensitive Lands Chapter in the Land Use Code and as reflected on the Sensitive Lands Map.
Septic System. Any on-site subsurface wastewater system designed to service a single-family dwelling unit.
Setback. The distance between a building and the closest of the following:
A. property line;
B. platted street/road; or
C. existing curb or edge of street/road.
Shop. A commercial establishment where a particular type of work is done (such as carpentry or repairs) or a particular type of service or commodity is offered.
Short Term Rental. The rental of a property for less than thirty (30) days.
Sign. Any device, structure, fixture or placard using writing (including letter, word, or numeral), pictorial presentation (including illustration or decoration), emblem (including device, symbol or trademark), or flag (including banner, balloon or pennant) for the primary purpose of identifying, providing directions or advertising any establishment, product, good or service and is considered: a) attached to, painted on, or in any other manner represented on a building or other structure or device, and is; b) visible from outside the building or structure, including any and all supporting structures and utility structures.
Sign Area. The area in square feet of the smallest rectangle enclosing the total exterior surface of a sign having but one (1) exposed exterior surface. Should the sign have more than one (1) surface, the sign area shall be the aggregate of all surfaces measured as above which can be seen from any one (1) direction at one (1) time.
Sign, Civic. A sign identifying name and/or function of a public building.
Sign, Development. A sign indicating the name of, and information pertinent to, new construction.
Sign, Identification and Information. A sign displayed to indicate the name or nature of a building, or of a use.
Sign, Real Estate. A sign identifying property for sale, lease, or rent.
Sign Residential. A sign identifying a residence.
Site Development Standards. Established regulations concerning lot areas, yard setbacks, building height, lot coverage, open space, and any other special regulations deemed necessary to accomplish the goals and purposes of the underlying zoning district.
Site Plan. The plan of a proposed building site, which provides specific information required by this Code and outlined on the Town of Rockville Building Permit Application.
Sketch Plat. A sketch preparatory to the preparation of the preliminary plat (or final subdivision plat in the case of minor subdivisions) to enable the subdivider to save time and expense in reaching general agreement with the Planning Commission as to the form of the plat and the objectives of these regulations.
Slope. The level of inclination of land from the horizontal plane determined by dividing the horizontal run of the land into the vertical rise of the same land and converting the resulting figure into a percentage value. For purposes of measurement, property must be at least twenty-five feet (25’) vertically and fifty feet (50’) horizontally.
Slope, Steep. Slopes greater than fifteen percent (15%).
Solar Energy System. Any mechanism that heats or provides electricity to a residence or other building, using energy from the sun.
Special District. An entity established under the authority of Utah Title 17A Special Districts, or other governmental or quasi-governmental agency that is not a county, municipality, school district or unit of the state.
Special Event. Any event, public or private, with either public or private venues, requiring Town licensing beyond the scope of normal business, or could reasonably be interpreted to cause significant public impacts via disturbance, crowds, traffic/parking, or disruption or the normal routine of the community or affected neighborhood.
Special Event Applicant. The person, or group of people, who is, or are, the organizer(s) and with whom the responsibility for conduct of the event lies. The applicant signs the special event license application and all other documents relevant to the event. The applicant must be a natural person or persons, and not a corporation, corporate sponsor, or business, or any other entity which is not a natural person (see Special Event Sponsor).
Special Event Corporate Sponsor. Any business enterprise or combination or business enterprises which provide funding for any special event in the amount of fifty percent (50%) or more of the funds necessary to promote the event or account for fifty percent (50%) or more of the event1s operating expenditure budget.
Special Event Sponsor. A person1 group, or business which has contracted to provide financial or logistical support to any special event. Such agreement may provide for advertising rights, product promotion, logo promotion, and exclusivity of rights, products, or logos.
Spotlight. A fixture or lamp designed to light a small area very brightly. A specific form of lamp or fixture designed to light a small area very brightly. These lamps are often designated as such by the manufacturer and are commonly used in outdoor lighting.
Stable, Public. Any stable where horses are boarded and/or kept for hire.
Staff. A full or part-time employee of the Town of Rockville charged with carrying out the work of the Town of Rockville.
Story, Half. A partial story under a gable, hip, or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls do not extend more than four feet (4’) above the floor of such story, and the ceiling area of which does not exceed two-thirds (2/3) of the floor area of the same half story.
Stream. Means those streams, excluding ditches and canals constructed for irrigation and drainage purposes, that flow year around or intermittently during years of normal rainfall.
Stream corridor. Means the corridor defined by the stream’s ordinary high water mark.
Street. Any rights‑of‑way, including highways, avenues, boulevards, parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, easements, and other ways.
Street Closure. The deliberate blockage of any public street or Town-owned parking facility to prohibit the flow of traffic or access of vehicles.
Street, Public. A street which has been dedicated and accepted by the Town Council; which the Town has acquired by prescriptive right; or which the Town owns, or accepted for dedication on an approved final plat; or a thoroughfare which as been dedicated or made public by right of use and which affords access to abutting property.
Streetscape. The distinguishing characteristics of a particular street/road including paving materials, adjacent space on both sides of the street, landscaping, retaining walls, sidewalks, building facades, lighting, medians, street furniture and signs.
Structure. Anything constructed, the use of which requires fixed location on the ground, or attachment to something having a fixed location upon the ground; includes "building".
Subdivider. Any individual, firm, association, syndicate, co-partnership, corporation, trust, or other legal entity who created a subdivision for himself or for another.
Subdivider's Authorized Representative. Any person who has been designated by the subdivider in writing which designation has been filled with the Planning Commission as the authorized person to represent the subdivider.
Subdivision. Any land, vacant or improved, which is divided or proposed to be divided into two (2) or more lots, parcels, site, units, plots, or interests for the purpose of offer, sale, lease, or development, either on the installment plan or upon any all other plans, terms, and conditions, including re-subdivision. Subdivision includes the division or development of residential and nonresidential zoned land, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat, or other recorded instrument.
Subdivision, Major. All subdivisions not classified as minor subdivisions, including but not limited to subdivisions of four (4) or more lots, or any size subdivision requiring any new street or extension of the local governmental facilities, infrastructure, or the creation of any new public improvements.
Subdivision, Minor. Any subdivision containing not more than three (3) lots fronting on an existing public or private street of adequate capacity, not involving any new street or road, or the extension of town infrastructure or facilities, or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property(s), and not in conflict with any provision or portion of the Town General Plan, Land Use Map, Official Zoning Map, or these codes and regulations. A minor subdivision must also not require a zone change or re-zone to be subdivided. The subdivider must agree to be bound by the current version of this Code and the Town General Plan and the property must not contain sensitive lands or lie under the Sensitive Lands Overlay Zone
Subdivision Plat. The final map or drawing, described in these regulations, on which the applicant’s plan of subdivision is presented to the Town Council for approval and which, if approved, may be submitted to the Washington County Recorder for filing.
Subdivision Sign. A freestanding or wall sign identifying a recognized single-family or multi-family residential subdivision.
Substantial Economic Hardship. Means denial of reasonable economic use of the property.
Suitability Determination. A determination carried out by the Town to ascertain if a development at increased densities, due to a density transfer from a sensitive area, is compatible with development on surrounding or adjacent property.
Temporary Sign. Any sign, banner, pennant, sandwich board, valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, or other like material displayed on a temporary basis.
Thirty Percent Grade. Any ten foot (10') elevation change in any thirty foot (30') horizontal direction.
Tower. Any monopole, antenna, or the like that exceeds eighteen (18) feet in height.
Town. For the purpose of this Land Use Code, “Town” shall be the Rockville Town Council, Rockville Planning Commission, Rockville Board of Adjustment or any person or office designated by the above mentioned bodies for the conducting of Town business.
Town Attorney. The attorney employed by or officially representing the Town of Rockville.
Town Engineer. An engineer employed by or officially representing the Town of Rockville.
Town Planner. The planner employed by or officially representing the Town of Rockville.
Tract Sign. An on-site, temporary sign, advertising the original sale of structures or property within a subdivision. A tract shall be defined as any Town parcel with a Town-approved parcel or tract map, whether tentative or final.
Treatment Facility. A twenty-four (24)-hour group living environment for three (3) or more persons who are unrelated to the owner or provider and that offers room or board in a family setting and specialized treatment for rehabilitation services for persons with emotional, physical, psychological, developmental or behavioral dysfunctions, impairments or chemical dependencies.
Troubled Youth. A person under the age of twenty-one (21) years who by actions, disposition or character is determined by the youth's legal guardian, or by appropriate authority, to be in need of special counseling and monitoring within a residential setting.
Troubled Youth Facility. A twenty-four (24)-hour group living environment for three (3) or more persons under the age of twenty-one (21) who are unrelated to the owner or provider and that offers room or board in a family setting and specialized treatment, or rehabilitation services for persons with emotional, psychological, developmental, or behavioral dysfunctions, impairments, or chemical dependencies. In residential treatment, individuals are assisted in acquiring the social and behavior skills necessary for living independently in the community.
Unshielded Fixture. A fixture that allows light to be emitted above the horizontal either directly from the lamp or indirectly from the fixture or reflector.
Vantage points. A height of five feet (5’) above a set reference marker in the following designated vantage points within the Town of Rockville that function to assist in analyzing the visual impact of development on hillsides and steep slopes:
A. Coal Pits Wash (middle of road)
B. Huber Wash (middle of road)
C. Top step of Community Center Main Hall
D. Mesquite Wash Bridge (middle of road)
E. Junction at Horse Valley Wash
F. Top step of Schoolhouse in Grafton
G. Junction of River Road and Grafton Road
H. Northwest corner of old television relay building on the South Bench
Vehicle Sign. An on-site or off-site sign painted or mounted on, extending from, resting against displayed on top or inside of any vehicle. Vehicles primarily and customarily used to transport persons or property for a business are exempt as determined by the Planning Commission.
Venue. The location or locations upon which a special event or public festival is held, as well as the ingress and egress route when included in the festival license.
Wall. Something resembling a wall in appearance or function. A partition or any substance that separates two areas.
Wall Sign. Any sign including painted signs which are in any manner affixed to a wall, building or structure, the exposed base of which is situated parallel to the wall and projects less than twelve (12) inches from the building or wall, and covers less than a total of twenty-five (25) percent of the area of a specific parapet or wall to which it is affixed.
Water System, Approved Culinary. A culinary water system which meets the requirements of the Utah State Division of Drinking Water, and is approved by the Southwest Utah Health Department and the Town.
Wetlands. Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions (e.g. cattails, sedges, and rushes). Wetlands generally include swamps, marshes, bogs and similar areas. Wetlands shall be designated in accordance with the Corps of Engineers Wetlands Delineation Manual (United States Department of Commerce, National Technical Information Service, January 1987).
Wetland, Significant. All wetlands which occupy a surface area greater than one-tenth (1/10) acre or are associated with permanent surface water, or which are adjacent to or contiguous with a stream corridor.
Yard. A required open space on a lot, unoccupied and unobstructed from the ground upward, except as permitted elsewhere in this Code.
Yard, Front. A space on the same lot with a building, between the front line of the building 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.
Yard, Rear. A space on the same lot with a building, between the rear line of the building 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 building.
Yard Sale. Sale of goods (generally used household, tools, personal items, etc.) at a garage, yard, or similar place. Does not include retail sale of items purchased wholesale for the purpose of resale. Sales shall not be allowed more than four (4) times each year, and each sale shall not last more than seventy-two (72) hours.
Yard, Side. A space on the same lot with a building, between the sideline of the building, and the side lot line and extending from the front yard to the rear yard. The "width" of the side yard shall be the minimum distance between the side lot line and the sideline of the building.
Zone. (See "District")
Zoning Administrator. The local official(s) designated by the Town to enforce the regulations of this Code.
Zoning Ordinances. The Town of Rockville Land Use Code.
Chapter 3. Planning Commission
3.1 Creation of the Planning Commission: Number of Members, Qualifications and Appointment
The Planning Commission shall consist of five (5) members, appointed by the Mayor with the advice and consent of the Town Council. The Town Council may designate by resolution the composition of the Planning Commission. Membership shall fairly represent the values and interests of all residents of Rockville and include individuals with a wide variety of skills and expertise. Appointments to the Planning Commission shall be made without respect to political affiliation, race, age, religion or gender. Candidates for appointment to the Planning Commission should:
A......... Have a genuine interest in the community and be dedicated to preserving the unique quality of life and ambiance of the Town.
B......... Be committed to successful planning and be willing and able to commit the time and effort involved in studying and evaluating the issues that come before the Planning Commission.
C........ Be individuals of personal and professional integrity who are dedicated to upholding Federal and State statutes, the General Plan and the Land Use Code (whenever referenced, the term Code and/or Land Use Code is always understood to include all other relevant documents, Zoning Ordinances and Maps).
The five (5) members of the Planning Commission shall be residents of Rockville. At least three (3) of the five (5) members shall hold no other public office or position within the Town.
3.2 Terms of Office
Terms of office for the five (5) Planning Commission positions shall be for three (3) years. Terms shall be staggered and run from January 1 to December 31, or until replaced.
3.3 Vacancies and Removals for Cause
Term vacancies shall be filled by the following procedure:
A......... Notification of vacancy shall be posted forty-five (45) days before the term ends and requests for consideration will be accepted through the last business day of December, before 4 p.m.
B......... The Mayor, with advice and consent of the Town Council, shall appoint the replacements ........... at the Town Council meeting in January or the earliest possible date thereafter.
C........ Vacancies of appointed positions occurring other than through the expiration of terms shall be filled by appointment pursuant to Section 3.1. Notification of vacancy shall be posted for forty-five (45) days and requests for consideration will be accepted before 4 p.m. on the forty-fifth (45th) day of the posting. The Mayor, with advice and consent of the Town Council, shall appoint the replacement to serve the remainder of the unexpired term at the earliest possible Town Council meeting.
A member may be removed for cause by majority vote of the Town Council upon written charges filed with the Mayor and (if the member under consideration for removal requests a hearing) following a hearing before the Town Council. Cause shall be defined as:
A......... failure to uphold Federal and State statutes, the General Plan and/or the Land Use Code.
B......... non-performance of duty.
C........ conviction of a felony or misdemeanor.
D........ repeated failure to attend Planning Commission meetings.
3.4 Compensation
Planning Commission members shall serve without compensation. Upon presentation of appropriate receipts or vouchers, the Town shall provide reimbursement for expenses incurred by Planning Commission members that are directly related to Planning Commission business.
3.5 Officers
The Planning Commission shall elect a Chairperson and Vice-Chairperson from among its members whose term shall be for one (1) year. Terms shall run from January 1 to December 31. A term may be for less than one (1) year if appointment is at a time other than January 1. The Chairperson may not serve more than two (2) consecutive terms. In the absence of the Chairperson or Vice-Chairperson, a quorum shall elect a Chairperson pro-tem for that meeting.
3.6 Powers and Duties
The Planning Commission shall be the Land Use Authority that:
A......... Prepares and recommends a General Plan and amendments to the General Plan to the Town Council;
B......... Assists in the review and update of the General Plan approximately every five (5) years, or as requested by the Town Council;
C........ Establishes goals and policies as a guide for present and future development;
D........ Recommends zoning ordinances and maps as well as amendments to zoning ordinances and maps to the Town Council;
E......... Administers and enforces provisions of the Land Use Code over which it has jurisdiction and as provided for in Chapter 1 of this Code;
F......... Reviews properly noticed and complete applications for which the Planning Commission is responsible; hears and acts on routine land use matters;
G........ Publicly hears and decides other matters such as status or expansion of non- conforming uses, historical designation, long-term planning, regulations covering open- space, environmentally sensitive areas and overall visual impacts and other regulations to preserve the aesthetics and rural heritage of the Town;
H......... Recommends subdivision ordinances and amendments to subdivision ordinances to the ........... Town Council;
I.......... Recommends approval or denial of subdivision applications;
J......... Advises the Town Council on other planning and land use matters .............. upon request;
K......... Conducts public hearings that are required by law or as deemed necessary by the Planning Commission to share information with the public and provide citizens with the opportunity to make comments and suggestions;
L........ Protects constitutional rights such as due process, property rights, fair and equal treatment and an adversely affected party’s right to appeal a Planning Commission decision to a separate appeal authority and to be heard in a public hearing on a .................................................. contested application;
M........ May enter upon any land, at reasonable times, to make examinations and surveys pertinent to the preparation of the General Plan or preparation and/or enforcement of the Land Use Ordinances. The Planning Commission may authorize an agent for this ................................. purpose; and,
N......... Exercises any other powers delegated by the Town Council.
3.7 Meetings
The Planning Commission shall conduct regularly scheduled meetings. All meetings of the Planning Commission shall be open to the public.
3.8 Rules and Procedures
The Planning Commission may adopt rules and procedures, as it deems necessary for the proper conduct of business. The Planning Commission shall keep a record of its proceedings; said records shall be available on request for public inspection at the Rockville Town Office
during posted business hours.
3.9 Quorum and Vote
A quorum shall consist of three (3) members. No business shall be conducted unless a quorum is present. A majority vote shall be a majority of members present.
3.10 Employees and Expenditures
The Planning Commission may, upon approval of the Town Council, employ experts and staff and pay expenses as may be deemed reasonable and necessary for carrying out the duties of the Planning Commission. Expenditures may not exceed the amount appropriated by the Town Council for the operation of the Planning Commission.
Chapter 4: Board of Adjustment
4.1 Members, Appointment and Term
The Board of Adjustment shall consist of five (5) members and two (2) alternates, each to be appointed by the Mayor with the advice and consent of the Town Council. A term shall be five (5) years provided that the term of one (1) member shall expire each year. Terms shall be January 1 to December 31.
No members of the Board of Adjustment shall be permitted to serve concurrently on the Town Council or Planning Commission.
Members shall be selected without respect to political affiliation, race, age, religion or gender.
All members of the Board of Adjustment shall be residents of Rockville.
Alternate members shall attend all meetings and serve in the absence of Board members when notified prior to the meeting.
4.2 Term Vacancies and Removal for Cause
Term vacancies shall be filled by the following procedure: (a) Notification of vacancy shall be posted forty-five (45) days before the term ends and requests for consideration accepted through the last business day of December before four (4) P.M.; (b) The Mayor, with the advice and consent of the Town Council, shall appoint new member(s) at the Town Council meeting in January or the earliest possible date thereafter.
A member may be removed for cause by a majority vote of the Town Council upon written charges filed with the Mayor following a hearing before the Town Council if the member under consideration for removal requests a hearing.
Vacancies resulting from other than end of term shall be filled by the following procedure: (a) Notification of vacancy shall be posted for forty-five (45) days. Requests for consideration will be accepted through the last business day of the forty-fifth (45th) day of posting before four (4) P.M.; (b) The Mayor, with the advice and consent of the Town Council, shall appoint the new member to serve the unexpired term of the member whose term has been vacated at the earliest possible Town Council meeting.
4.3 Officers
The Mayor shall convene the first meeting of a new Board of Adjustment. Staggered terms as required in 4.1 shall be determined by lot.
The Board of Adjustment shall elect a Chairperson and Vice-Chairperson from among its members. The terms shall be for one (1) year or until replaced and run from January 1 to December 31. The term may be for less than one (1) year if appointment is at a time other than January 1.
Should the election take place mid-year, the term shall run from the date of election through December 31. In January, the Board of Adjustment shall elect a Chairperson and Vice-Chairperson from among its members. The term shall be for one (1) year or until replaced.
In the absence of the Chairperson or Vice-Chairperson, a quorum shall elect a Chairperson pro-tem for that meeting.
A Secretary shall be appointed by majority vote of the Board and shall serve as Clerk of the Board until a successor is appointed. If the Secretary is absent from a meeting the Chair shall designate an acting Secretary.
4.4 Duties and Powers of the Board
The Board of Adjustment shall have the following duties and powers:
A.............. To authorize a variance(s) from the terms of the Land Use Code (when
referenced, the term Code and/or Land Use Code is always understood to include all other relevant documents, Zoning Ordinances and Maps). The Board of Adjustment may grant a variance only when:
1. literal enforcement of the Land Use Code would cause an unreasonable hardship for the applicant that is not necessary in order to carry out the general intent of the Land Use Code;
2. there are special circumstances attached to the property that do not generally apply to other properties in the same zone;
3. granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone;
4. the variance will not substantially affect the General Plan and is not contrary to the public interest;
5. the spirit of the Land Use Code is observed and substantial justice done.
B.......................................................................... Serve on a Takings Appeal Board:
...............................................................................................................................................
When a Takings Appeal Board is created (see Chapter 1.26 C) the Mayor shall appoint three (3) current members of the Board of Adjustment to serve on that Board.
C........ The Board of Adjustment shall resolve the matter under consideration within a maximum of one hundred eighty (180) days from the date of a properly submitted application.
D........ The Board of Adjustment shall make a site visit when personal observation might clarify the situation under consideration and facilitate the decision making process.
4.5 Criteria and Standards for Determining Unreasonable Hardship and/or Special Circumstances
A......... In determining whether or not enforcement of the Zoning Ordinance would cause an unreasonable hardship, the Board of Adjustment may not find an unreasonable hardship exists unless the alleged hardship:
1. is located on or associated with the property for which the variance is sought; and
2. arises from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
B......... In determining whether or not enforcement of the Zoning Ordinance would cause unreasonable hardship, the Board of Adjustment may not find an unreasonable hardship f the hardship is self-imposed or economic.
C........ In determining whether or not there are special circumstances attached to the property, the Board of Adjustment may find that special circumstances exist only if the special circumstances:
...................................................................................................................................
1. relate to the hardship complained of; and
2. deprive the property of rights enjoyed by other properties in the same zone.
4.6 Additional Requirements
A......... In granting a variance, the Board of Adjustment may impose additional requirements on the applicant that will:......................................................................................................................
1. mitigate any harmful effects of the variance; or
2. serve the purpose of the standard or requirement that is waived or modified.
B......... If topographical conditions are claimed as the hardship, the Board may require the petition be accompanied by photographs and a topographical survey demonstrating this claim.
C........ Petitions for the same or essentially the same variance on the same site shall not be filed within one (1) year of the decision by the Board of Adjustment unless the petitioner can prove new facts relating to the previous decision.
D................................................................ Variances apply to parcels in perpetuity.
E........................................ The Board of Adjustment may not grant use variances.
F......... The Board of Adjustment shall deliberate and discuss all issues before them within the public forum.
4.7 Burden of Proof
The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
4.8 Meetings, Notification and Fees
The Board of Adjustment shall meet every January to elect a Chairperson and Vice-Chairperson. All other meetings of the Board of Adjustment shall be convened at the call of the Chairperson and at other times as the Board determines necessary.
All meetings of the Board of Adjustment shall be properly noticed and published in accordance with State law. The Rockville Town Clerk shall post and mail all applicable notices.
Notice of Board of Adjustment meetings shall be mailed to all property owners within a three hundred foot (300’) radius of any property for which an action of the Board of Adjustment is being requested. Addresses shall be obtained from the latest ownership plat in the Washington County Recorder’s Office.
A fee set by resolution must accompany the application to meet the expense of this notification requirement.
4.9 Minutes, Reports, Certification of Records and Correspondence
The Secretary shall be the Clerk of the Board and shall keep the minutes and records of all proceedings and official actions. All records shall be filed with the Rockville Town Clerk and be available to the public at the Town Office during posted business hours.
Minutes of Board of Adjustment proceedings shall show the vote of each member on every question. The record shall also indicate if a member fails to vote or is absent at a vote.
The Secretary of the Board shall conduct all correspondence, including notification of decisions and certification of records and shall prepare and submit all reports required by law.
4.10 Quorum and Vote
A quorum shall consist of three (3) members of the Board of Adjustment. No business shall be conducted unless a quorum is present.
The concurring vote of three (3) members of the Board of Adjustment shall be necessary to effect any variation in the provisions of this Code.
4.11 Filing a Petition for a Variance
Petitions for variances may be filed by those advised to apply for one by the Planning Commission or by those who may feel aggrieved by a Planning Commission decision in the following manner:
A......... Petition for Variance forms are available from the Town Clerk. Completed petitions and the applicable filing fee must be submitted to the Town Clerk twenty-one (21) working days prior to the scheduled Board of Adjustment meeting.
B......... All questions on the form must be answered and all information and plans required must be submitted with the application. The form must be signed by the applicant or his/her agent. The petition may be rejected if the application form and/or plans are not complete.
4.12 Actions and Decisions
Approval, disapproval, rejection or modified approval of an application shall be based upon findings, which shall be made a part of the official public record.
Each decision, including any conditions and/or time limits imposed, shall be entered into the minutes. Official confirmation of all decisions, including imposed conditions and/or time limits, shall be mailed to the applicant or his/her agent by the Secretary of the Board.
Decisions of the Board of Adjustment become effective on the date the Board issues a written decision unless a different time is designated at the time the decision is made.
4.13 Adoption of Rules
The Board of Adjustment shall adopt rules for the regulation of its procedures and the conduct of its duties that are consistent with the provisions of this Code and State law. Such rules shall
be first reviewed and approved by the Town Council.
4.14 Judicial Review of Decisions by the Board of Adjustment-Time Limitation
Any person who believes they have been adversely affected by a decision of the Board of Adjustment may initiate action for relief in any court of competent jurisdiction provided the petition for such relief is presented to the court within thirty (30) days after the Board of Adjustment’s decision has been filed with the Town Clerk.
Chapter 5: Home Occupations
5.1 Home Occupation Permit Required
To assure compliance with provisions of the Land Use Code (whenever referenced, the term Code and/or Land Use Code is always understood to include all other relevant documents, Zoning Ordinances and Maps) and to protect the character of residential neighborhoods in the Town, a Home Occupation Permit is required and shall be obtained from the Town before a dwelling unit in a residential zone may be used for business purposes.
The Home Occupation is an accessory use and will be incidental and secondary to the use of the home for dwelling purposes. The dwelling shall be the principal residence of the occupants seeking a Home Occupation Permit.
If a proposed use is located within the Sensitive Lands Overlay Zone, additional requirements and regulations shall apply. See Sensitive Lands Overlay, Chapter 25.
5.2 Procedure
Applications shall be submitted to the Planning Commission. The Planning Commission will then act upon the application and if approved, a Home Occupation Permit will be issued. The permit shall state the home occupation permitted as well as any attached conditions and/or time limitations that have been imposed. The permit shall not be issued unless the applicant has met, and agreed in writing, to comply with all of the conditions listed in 5.5 below as well as any conditions the Planning Commission has deemed necessary to carry out the intent of this Chapter.
5.3 Notice to Adjacent Property Owners
The Town shall provide all property owners within three hundred feet (300') of the proposed Home Occupation written notification of the date, time and place where the application will be considered. In addition, if the proposed Home Occupation is a rental property, the owner's notarized written permission is required as part of the application process.
5.4 Standards for Review
The Town shall not issue a Home Occupation Permit unless the Planning Commission determines that:
A.................. The use is consistent with and does not compromise the General Plan.
B..................................... The application complies with all requirements of the Code.
C............... The use is compatible with the residential character of the neighborhood.
5.5 Conditions
The holder of a Home Occupation Permit must be in compliance with all of the following conditions:
A......... The Home Occupation shall be conducted entirely on the premises and shall not occupy a garage if the garage is needed to meet the off -street parking provisions of the Land Use Code.
B......... Not more than one (1) person may be employed by the Home Occupation in addition to the residing family.
C........ Off-street Parking, as required by the provisions of the Code, shall be provided.
D........ All signs are subject to the provisions of Chapter Eight (8), ...................................... Signs.
E......... No display of any kind shall be visible from the exterior of the premises.
F......... No mechanical or electrical apparatus, equipment or tools shall be permitted except those items which are commonly associated with a residential use or customarily used for home crafts or home occupations.
G........ The Home Occupation shall not generate pedestrian or vehicular traffic in excess of that customarily associated with the zone in which the use is located.
H......... There shall be complete conformity with fire, building, plumbing, electrical and health codes and to all State and Town laws and ordinances that are applicable to the particular Home Occupation.
I.......... 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.
J......... The Home Occupation shall not alter the residential character of the premises or unreasonably disturb the peace and quiet, including media reception, of the neighborhood through the use of color, design, materials, construction, lighting, sounds, noises, vibrations, dust, odors, noxious fumes and so forth.
K......... All Home Occupation Permits shall be valid if acted upon within one (1) year of initial approval. The approval shall remain valid unless compliance with any conditions attached to the approval ceases or there have been reported complaints or detrimental actions which may, following review by the Planning Commission, require termination or revocation of the Home Occupation Permit.
L......... Any retail sales on the premises shall be limited to merchandise directly related to the services offered by the Home Occupation. There shall be no delivery or resale to customers of retail merchandise on the premises.
M........ Home Occupation shall include the care of no more than three (3) children or less, other than members of the family residing in the dwelling or as prescribed by State Codes or regulations.
5.6 Fees
An application fee shall accompany the initial application for a Home Occupation Permit.
5.7 Inspection
With just cause and after reasonable notice, the premises shall be subject to inspection by the Planning Commission or its designated agent.
5.8 Noncompliance
Any Home Occupation Permit shall be reviewed and may be revoked by the Planning
Commission upon violation of any requirements of this Chapter or upon failure to comply with any of the conditions or limitations of the permit, unless the violation is corrected within thirty (30) days of receipt of a written violation notice. A permit shall be revoked for repeated violations of the requirements of this Chapter notwithstanding compliance to the violation notices.
5.9 Appeal
In the event of denial or revocation of any permit or of objection to the limitations placed upon a permit, appeal may be made to the Town Council acting as the appeal authority.
5.10 Business License Required
A Home Occupation Permit is not a business license. The granting of a Home Occupation Permit shall not relieve the holder of the permit of any other license requirement of the Town or that of any other public agency.
Approval of a transfer of a Home Occupation permit through the sale/lease of property does not guarantee the new owner/tenant a business license. The business license is not transferable with the property and must be applied for and approved by the Planning Commission before the holder of the permit may conduct business in the Town.
5.11 Utah Sales Tax License
If required by the State of Utah, a Utah State sales tax license and number will be required with Rockville Town listed as a business location.
Chapter 6: Bed & Breakfast Establishments
6.1 Conditional Use Permit Required
A......... Bed & Breakfasts were previously allowed by Conditional Use Permits to assure compliance with provisions of the Zoning Ordinance and to protect the character of residential neighborhoods in the Town. Existing Bed & Breakfasts continue to operate under the conditions of their original Conditional Use Permit. They are considered pre-existing, non-conforming uses.
B......... The number of Bed & Breakfast establishments allowed in the Town of Rockville shall be no more than five (5). Bed & Breakfasts existing at the time of passage of Ordinance 05-1214-1 shall be considered pre-existing, non-conforming uses and all such provisions shall apply with the following exceptions:
1. Holders of Bed and Breakfast Conditional Use Permits shall be allowed to apply to the Planning Commission for expansion of the conditions of their permit following the standard application process.
2. Any plan for expansion must directly relate to, and be an extension of the existing Bed and Breakfast business.
3. New projects will not be considered/permitted.
6.2 Conditions Placed on All Bed and Breakfast Establishments
All Bed & Breakfast establishments currently permitted must comply with the standards in place when the original approval was granted. They may continue to operate provided they comply with the following conditions:
A......... The establishment may be housed in an existing or new structure suitable to the purpose of a Bed & Breakfast. The structure housing the Bed & Breakfast must comply with International Building and Fire Codes and all other applicable State and Town statutes, ordinances and regulations.
B............... The establishment shall not have more than four (4) guestrooms for rent.
C.............................. The Owner and/or Manager shall reside in the Bed & Breakfast.
D........ Off-street parking shall be provided as noted: two (2) spaces for the owner and/or manager and one (1) space per guestroom.
E...................................... All signs are subject to the provisions of Chapter 8: Signs.
F......... The establishment shall be on a street that meets Fire Code access requirements.
G........ Entrances to all guestrooms shall be on the interior of the structure. Secondary exterior entrances to guestrooms shall be permitted only for access to patios, verandas or balconies.
H......... The architectural style and physical size of the structure shall be in harmony with the residential character of the Town. The structure shall not exceed the height restrictions that apply in the zone in which it is located.
I.......... The site shall be planned and landscaped so as to minimize the impact on neighboring properties and in a manner designed to retain the residential character of the Town.
6.3 Souvenir Sales Allowed
Souvenir sales are permitted provided they are limited to registered guests and are a part of and incidental to the Bed & Breakfast establishment. There shall be no signage related to souvenir sales.
6.4 Noncompliance
Any Conditional Use Permit for an existing Bed & Breakfast, following review by the Planning Commission, may be revoked upon violation of any requirements of this Chapter or upon failure to comply with any of the conditions or limitations of the permit unless the violation is corrected within thirty (30) days of receipt of a written notice of violation. A permit shall be revoked for repeated violations of the requirements of this Chapter notwithstanding compliance to the violation notices.
6.5 Appeal
In the event of denial or revocation of any permit or of objection to the attached limitations, appeal may be made to the Town Council, acting as the Appeal Authority.
6.6 Business License Required
A Conditional Use Permit for a Bed & Breakfast is not a business license. The granting of said permit shall not relieve the permittee of any other license requirement of the Town or that of any other public agency.
Transfer of a Conditional Use Permit through the sale/lease of property does not guarantee the new owner/tenant a business license. The business license is not transferred with the property and must be applied for and approved by the Planning Commission before the holder of the permit may conduct business in the Town.
6.7 Utah Sales Tax License
A Utah State sales tax license will be required with the Town of Rockville listed as a business location.
Chapter 7: Supplementary and Qualifying Regulations
7.1 Effect of the Chapter
The regulations in this Chapter qualify or supplement the zone regulations appearing elsewhere in this Code.
7.2 Residential Addresses
The Town shall assign residential addresses. Property owners may not create their own addresses.
7.3 Short -Term Residential Rental Regulations
Short-term rentals are not allowed. With the exception of permitted Bed and Breakfast establishments, the owner of a residence may rent his or her property to a single party for a minimum of thirty (30) consecutive days.
7.4 Lot Standards and Dedicated Frontage
Unless otherwise allowed, every lot, existing or created, shall have the square footage, width and depth that is required for the zone in which it is located and shall have frontage upon a dedicated or publicly-approved street or upon a private street or right-of-way approved by the Town before a building permit may be issued.
Prior to the issuance of a building permit, all lots shall have a culinary water system which is approved by the Utah State Division of Drinking Water, the Southwest Utah Health Department and the Town. The source must be either from the Rockville Pipeline Company or from a potable water source originating with Rockville. This excludes any supply from outside water sources. The water source must originate with the Town.
The designated authorities for drinking water are the Rockville Pipeline Company and the Utah State Division of Drinking Water. The designated authorities for wastewater are the Town of Springdale Sewer and the Southwest Utah Health Department.
7.5 Substandard Lots at Time of Passage of This Code
Any lot legally held at the passage of this Code which is below the square footage requirements or width for the zone in which it is located may be built on provided it is located in a zone that permits the desired use.
The width of each side yard setback may be reduced by the same percentage that the lot is substandard provided the smaller of the two (2) side yards is not less than five feet (5’) or the total width of both sides yards is not less than thirteen feet (13’). Example: The width of a lot is required to be one hundred feet (100’) by Code but is only eighty feet (80’). The side yards could be reduced by twenty percent (20%) because the lot is twenty percent (20%) under the required width.
If the lots’ side yard setbacks do not meet the above criteria, it does not qualify for the reduced percentage as outlined above.
7.6 Every Residence Shall Be On a Lot
Every residence shall be on a separate lot having no less than the minimum square footage, width, depth and frontage required by this Code for the zone in which it is located unless it qualifies as a preexisting, non-conforming structure as defined in Chapter Nine (9) or is clustered as allowed under 13.7.4-I-4.
Creating connections between buildings, using single poles, breezeways, covered walkways, etc. in order to circumvent the one residence per lot requirement is prohibited.
If a second residence is allowed within the footprint of a home, it shall be for the
sole use of family and friends and shall not be rented.
7.7 Yard Space for One Building Only
No acreage on an adjacent property can be considered as providing a setback or open space for a residence under consideration or already in existence. Each lot or property is considered distinct and separate from adjacent properties and each must meet the required setbacks for the zone in which it is located. One lot may not “borrow” or “utilize “ land from a neighboring lot in order to meet its setback or open space requirements.
7.8 Private Residential Parking Requirements
Every residence is required to provide off-street parking for a minimum of two (2) vehicles.
7.9 Creation of a Substandard Lot Prohibited
No space needed to meet the width, setbacks, square footage, coverage, parking or other requirements of this Code for a lot or building may be sold or leased away from such lot or building.
No parcel of land which has less than the minimum width and square footage requirements for the zone in which it is located may be cut off from a larger parcel of land for the purpose of building or to develop as a lot.
7.10 Setback Obstruction Requirements
Nothing shall intrude into a setback with the exception of the ordinary projections of the residence such as cornices and chimneys. These features may not project more than two and one-half feet (2 1/2’) into the setback. Open or lattice-enclosed fire escapes and fireproof outside stairways may also project into a setback but not more than five feet (5’).
7.11 Yard Coverage of Accessory Buildings
No accessory building or group of accessory buildings in any residential zone shall cover more than twenty-five percent (25%) of the total acreage of the lot.
7.12 Administrative Lot Line Adjustment Application Process
The completed application form for a Lot Line Adjustment shall be submitted to the Town Clerk along with applicable fees not less than twenty-one (21) calendar days prior to the Planning Commission meeting at which the application will be considered.
Requests for a Lot Line Adjustment must demonstrate that, after the adjustment, both parcels will comply with applicable zoning requirements. Administrative Lot Line Adjustments shall not create additional parcels.
Representation by the applicant or his/her designated agent is required at the meeting at which the application is addressed.
The application form must provide all requested information and be accompanied by a copy of the document (quit claim deed), which is drafted in accordance with Utah State requirements.
In order for the Lot Line Adjustment to be considered valid, it must be recorded with the Washington County Recorder and a copy of the recorded document provided to the Town of Rockville within forty-five (45) days following approval by the Planning Commission.
7.13 Additional Height Allowed for Public and Utility Buildings
Public and quasi-public utility buildings, when authorized in a zone, may be erected to a height greater than the zone height limit.
7.14 Minimum Height of Main Building
No building, except farm buildings, which are accessory, shall be erected to a height less than one (1) story above grade. Exceptions shall be made to a bona fide earth shelter home.
7.15 Maximum Height of Accessory Buildings
No building, which is accessory to a residence, shall be erected to a height greater than twenty-five feet (25‘).
7.16 Clear View of Intersection
On corner lots and in all zones requiring a front yard setback, no obstruction to view in excess of three feet (3’) in height shall be placed within a triangular area formed by the street property lines and a line connecting them at points thirty feet (30’) from the intersection midpoint. This restriction applies to trees and shrubbery, as well as to weeds and other undesirable vegetation, which must be controlled in order to not obstruct a driver’s clear view of intersections or pedestal style identification signs. Trees pruned high enough to permit unobstructed vision to automobile drivers are acceptable.
7.17 Maximum Height of Fences, Walls and Retaining Walls
A............................................................................................ Building Permit Required
In order to ensure that construction meets the current building codes for safety and stability and to ensure the structure is in compliance with this title, a building permit is required for the following:
1. All fences and walls of a height equal to or greater than six feet (6’).
2. All fences or walls that require masonry work.
3. All fences or walls that require footings and measure three feet (3’) or higher above ground.
4. All retaining walls that measure two feet or higher above ground. In addition:
a. Any retaining wall that is equal to or exceeds four feet (4’) above ground shall be engineered and approved pursuant to International Building Code Standards.
b. Permitted retaining walls that measure six feet (6’) or greater shall be stepped to form benches that can be landscaped. Benched walls shall be offset at a 1:1 ratio.
B......................................................................................................... Visibility Triangle
No fence or wall, including dense shrubbery or vegetation, that in any way obstructs the view of traffic in a manner that reduces vehicular and pedestrian safety shall be permitted. In order to ensure that such fencing does not constitute a safety hazard, the following shall apply:
1. Street Intersections: No fencing, including dense shrubbery or vegetation higher than three feet (3’), shall be permitted within the visibility triangles required for a corner lot. To identify the visibility triangle, measure, from the point of intersection of the two (2) roadways, thirty feet (30’) back along the edge of the streets. See diagram 1.17.B1
2. Driveway Entrances: No fencing, including dense shrubbery or vegetation higher than three feet (3’), shall be constructed within the visibility triangles required at driveway entrances. To identify the visibility triangle, measure, from the point of intersection of the street with the driveway, ten feet (10’) back along the driveway and the street. See diagram 1.17.B2
C........ Site obscuring fences and walls, including dense shrubbery, shall not exceed four feet (4’) within any required front or side street yard setback with the following exceptions:
1. Fences designed, constructed and used to contain farm animals and/or to exclude deer and other animals from the property are allowed to a height not exceeding eight feet (8’). This fencing does not require a building permit provided it is “see-through” fencing that allows free passage of wind through the fencing.
2. The four-foot (4’) height limit within any required front or side street yard setback may be waived subject to review by the chief of police.
3. In no case may this fencing be higher than six feet (6’) nor higher than three feet (3’) within the boundaries of the visibility triangle.
D........ When a fence or wall is located along an interior property line separating two (2) residential lots and there is a difference in grade between these properties, the fence or wall may be erected to the maximum height permitted on the side of the property line which allows the greater height. ...................................................................................................................................
E......... Fences and walls shall not be bermed or stepped for the purposes of increasing the allowable height.
F.......................................... No fence or wall shall be erected beyond a property line.
G................................................................................................... Public Right-of-Way
1. No fence or wall may be constructed on the public right-of-way without Planning Commission approval.
2. Any constructed fence or wall, including dense shrubbery, must allow free and easy access to all utility meters, fire hydrants and light or power poles. A fire hydrant requires a four-foot (4’) radius. Utility meters and power or light poles require a two-foot (2’) radius.
3. No fence or wall shall be constructed within one foot (1’) of a side walk.
4. The Town shall reserve the right to remove any fence or wall, including dense shrubbery, that is located on the public right-of-way for any purpose it deems necessary. Removal shall be at the cost of the property owner.
5. Maintenance of areas between the sidewalk and the property line shall be the responsibility of the property owner.
H......... Fencing and/or walls which are a minimum of four feet (4’) in height, including protective gates, are required around swimming pools, hot tubs, ponds and similar structures unless the property itself is securely and completely fenced.
7.18 Portable Storage Containers Prohibited
Enclosed shipping containers, boxcars, cargo containers, shipping crates, semi-trailers or other movable weather-resistant containers of any kind shall not be installed, placed or maintained on property within the Town for any purpose. PODs (portable on demand containers) shall only be allowed on a property for a maximum of ten (10) days, while being loaded or unloaded, in the process of moving personal property.
7.19 Establishment of Temporary Residences Prohibited
For purposes of this Chapter, temporary residences are defined as recreational vehicles (RV), travel trailers, pickup campers, motor coach homes, converted trucks or buses, tents, tepees, lean-tos, yurts or any other natural or manmade shelter. Use of any of these as a temporary or permanent residence is prohibited within the Town except under the following situations or conditions:
A......... RV’s or other temporary dwellings may be occupied as a temporary residence for up to fifteen (15) cumulative days within any six (6) month period. This limitation applies to property owners as well as guests of owners.
B.... All temporary residences are subject to the Town’s parking and other applicable ............................................................................................................................ ordinances.
C........ All temporary residences shall have sanitary facilities including an approved system for the disposal of human waste and refuse.
D......................... At no time shall any form of commercial RV or camping activity be allowed within ..................................................................................................................................... the limits of the Town.
E......... The placement of an RV for occupancy by an on-site volunteer steward for the purpose of site protection is permitted, without time limitation, within the Grafton Historic District.
F......... Temporary residential use of an RV or other temporary dwelling on a residential lot is only permitted during the construction of a permanent dwelling for which a valid building permit has been issued. This use shall be approved as part of the building permit process and allowed for up to six (6) months. One (1) six (6) month extension may be requested and considered by the Planning Commission.
7.20 Utilities and Fire Hydrant/Suppression Requirements
All existing or proposed building within the Town shall:
A......... be serviced by a culinary water system which is approved by and/or meets the requirements of the Utah State Division of Drinking Water, the Southwest Utah Health Department and the Town.
B......... be connected to an approved individual septic system or sanitary sewer system. The designated authorities for wastewater are the Town of Springdale Sewer and the Southwest Utah Health Department.
C........ be supplied with fire hydrants and meet the requirements of the Rockville/ Springdale Fire Marshal for Zone Two; for those areas not serviced by the Rockville Pipeline Company, the requirements of Zone One shall apply as directed by the Fire Marshal.
7.21 Curbs, Gutters and Sidewalks
The installation of curb, gutter and sidewalk of a type approved by the Rockville Planning Commission may be required on any existing or proposed street adjoining a lot on which a building is to be constructed or remodeled or on which a new use is to be established. Such curb, gutter and sidewalk may be required prior to a permit being issued. Applicant will bear all costs for construction that may extend beyond the applicants’ property.
7.22 Right to Farm Provisions
Rockville places a high value on the protection and preservation of agricultural land uses, therefore, the Town has adopted the following provisions to insure that the farm or ranch is assured a right to farm without undue burden as a result of residential or commercial growth and/or complaints by neighbors. All rights to farm are preserved to the best ability of the Town, taking into consideration practical land use applications and private property rights and concerns.
A......... All subdivision and master planned developments that border an agricultural area and/or contain an agricultural open space shall be required to provide the Planning Commission with an Agricultural Impact Analysis as part of the subdivision or master planned development review process. This analysis shall be used to determine any potential impact(s) to farming and/or livestock operations as a result of the proposed development and, if deemed necessary, the Planning Commission shall place conditions on the permit designed to prevent, alleviate and/or mitigate negative impacts. The guidelines and issues to be addressed in preparing an Agricultural Impact Analysis are outlined in Chapter Two (2) of this Code.
B......... The developer is responsible for implementing all conditions placed on the permit.
7.23 Produce Sales
Approximately 90-95% of the land area within Rockville’s boundaries is utilized for agriculture and open space. One of the primary community goals of the General Plan is encouraging and preserving these uses. Agricultural enterprises such as produce stands for the exclusive sale of locally grown seasonal crops, plants or other agricultural produce under specified guidelines is allowable and encouraged.
For the purpose of this Section, “locally grown” is defined as produce literally grown and harvested in the Town of Rockville. It is not intended to include produce grown elsewhere and transported to Rockville.
Traditionally, local produce offered for sale within the Town has been displayed on small tables, wagons and pushcarts. Other sales have been made from the beds of pickup trucks or sold directly from the fields. These methods are allowed and do not require specific guidelines. Constructed stands, however, must meet the following guidelines:
A......... Produce stands shall not be larger than one-hundred twenty (120) square feet or higher than ten feet (10’) from the ground.
B......... No permanent electrical wiring or plumbing may be installed unless a building permit is first obtained.
C.. The architectural style of produce stands shall be in harmony with the residential ........................................................................................................... character of Rockville.
D........ Produce stands must not obstruct the view of intersecting streets, create an obstruction to traffic flow or encroach upon public streets or rights-of-way. They must not interfere with emergency vehicle ingress or egress.
E......... Produce stand signage must comply with the provisions of Chapter 8 of the Land Use Code.
F......... Produce stands must not interfere with irrigation channels or access for maintenance and repair of these channels.
G........ No flammable liquids, gases or explosives shall be stored in produce stands.
H. Produce stands may not be used for storage facilities except for items specifically ..................................................................................... associated with the sale of produce.
J......... Produce stand locations must not cause negative effects on the environmental quality of natural resources of the town.
7.24 Special Event Regulations
The following regulations are provided to accommodate those uses of land or buildings that are temporary in nature and therefore are not listed as regular permitted uses in any zone. The nature of these uses shall be consistent with the General Plan. Appropriate conditions shall be required as needed to protect adjacent properties and the general health, safety and welfare of the citizens of Rockville.
Private or family gatherings shall be permitted and shall not require a permit, however, such gatherings shall not adversely affect the neighboring properties especially in terms of noise levels after 10 P.M.
A............................................................................................... Special Events Allowed
The following special events are allowed at the Town’s discretion and are subject to the issuance of a Special Event Permit and the regulations established in this Section.
1. Non-profit Fund-raising Activities: One (1) event of up to seven (7) consecutive days in duration per quarter is allowed provided the products or services are offered for sale in a temporary structure or at a temporary site.
2. Organized Events: Educational, historic, religious and patriotic displays or exhibits, concerts, athletic or recreational events, festivals, arts and crafts fairs and other similar organized events are allowed with the understanding that (a) only one (1) event may be sponsored by the same
individual, business or organization per quarter and (b) no single event shall exceed seven (7) consecutive days.
3. Town-Sponsored Events: Special events sponsored by the Town do not require a Special Event Permit.
B................................................................................................................... Application
A complete Application for a Temporary Use/Special Event Permit shall be filed with the Town at least forty-five (45) days in advance of the event.
C................................................................................................................... Standards
...........
Prior to the issuance of a Special Event Permit, the Planning Commission shall ascertain that the applicant understands and agrees to comply with the following standards:
1. The use is temporary.
2. The use or event shall not create a nuisance, hazard, or interfere with neighboring properties; if deemed appropriate, a curfew may be imposed.
3. The location shall not create a traffic hazard; traffic control, if necessary, shall be provided at the expense of the applicant. If the event is deemed of significant interest to the Town, traffic control may be provided by the appropriate Town or County officials.
4. All of Rockville’s roads are residential and, with the exception of SR-9 and Grafton Road, unpaved. Participants shall adhere to posted speed limits and be mindful of the Town’s limited width roads.
5. Of special concern is the protection of Rockville’s historic one-way bridge. Vehicles crossing the bridge shall observe the weight restriction of twenty-five (25) tons and the ten (10) mile per hour speed limit. Only one (1) vehicle at a time is permitted on the bridge.
6. The use or event shall not create a parking problem; the existing rights-of-way shall not be compromised at any time; adequate parking shall be available onsite or at satellite locations.
7. All signs associated with the event shall conform to Chapter 8: Signs, and shall be temporary.
8. All litter and debris shall be contained and disposed of properly.
9. Landscape and natural vegetation areas shall not be injured or trampled and the liability for replacement of any damage which may occur shall be assumed by the applicant.
10. Adequate onsite sanitary facilities, if not already present on the site, shall be provided by the applicant.
11. The applicant shall have sufficient liability insurance for the requested use or event.
12. The applicant shall have UDOT approval if the event or activity utilizes the SR-9 right-of-way;
13. The applicant shall have proper Southwest Utah Health Department approval where applicable.
14. The erection of temporary structures or use of a self-contained RV/Travel Trailer on the event site is not allowed without prior approval of the Planning Commission. Additional permits may be required if such use is approved.
D.................................................................................................. Special Event Permit
Upon approval of the Planning Commission, the applicant will be granted a Special Event Permit. If the nature of the event/use requires it, the permit shall include a temporary business license, building permit and/or sign permit either individually or in combination. This does not eliminate necessary State permits, licenses or tax accountability, nor does it supersede any State permit, license or tax regulation. A profit-making business or corporation promoting a special event which falls under the provisions of this Section must also have a current Town business license.
E............................................................................................................................ Fees
The Town may assess fees to cover the cost of providing necessary services, the cost of any property damage and/or for the use of the Town’s equipment or other resources. Unless waived, all fees due the Town as a result of a special event shall be paid prior to the special event.
This Section further empowers the Town to require the applicant to post a bond in an amount not to exceed ten thousand dollars ($10,000.00) as a guarantee against damages, clean up or loss of public property. Bonds may be waived upon demonstration by the applicant that adequate provisions have been made to protect public property and venue cleanup.
F................................................................................................................ Fee Waivers
It is recognized that some events would be significantly harmed if assessments were levied. Events which are charitable, not-for-profit and/or those that directly benefit the community may be considered for fee waivers by the Planning Commission.
G.......................................................................... Conduct and Assumption of Liability
The Town requires that the participants and organizers of any special event act in a legal, responsible and respectful manner.
...........
The Town considers the individual who signs the Application for a Temporary Use/Special Event Permit to be the appointed agent of the organization named on the application form and as such the Town shall hold this person fully liable for the actions of any participant or organizer of a special event.
The Town assumes no liability for the actions of any participant or organizer of a special event.
H............................................................................................ Insurance Requirements
Every event approved under the provisions of this Code shall provide proof of liability insurance and shall further name the Town of Rockville as an additional insured. Private events held on private property falling under the requirements of this Code shall also indemnify the Town from liability occurring at the event.
I........................................................................................................... Criminal Penalty
Any person convicted of violating any provision of this Section shall be guilty of a Class B misdemeanor. Persons conducting Special Events or Public Festivals without having first obtained a Special Event Permit are subject to fines and/or arrest and the event is subject to closure.
7.25 Commercial Film Production Regulations
A................................................................................................................... Definitions
Filming operations means those operations necessary to conduct motion picture filming, television filming, commercial advertising operations, print media operations and all similar operations that use motion picture film, videotape, audiotape, digital images or still photographs. Film operations shall include, but are not limited to, set construction, filming, rehearsals, set tear down and set-up. Specifically exempted:
1. Individuals filming or videotaping exclusively for their own personal or family use.
2. Employees of print or electronic news media when filming ongoing news events.
3. Bona fide student and/or faculty filming exclusively for educational purposes provided the total number of persons involved does not exceed eight (8).
B.......................................................................................................... Permit Required
1. Any person seeking a Commercial Film Production Permit shall file a complete application with the Town Clerk at least forty-five (45) days in advance of the filming.
2. The application shall be signed by the applicant or by his/her designated agent.
3. All filming operations taking place within the Town limits, unless specifically exempted in this section, shall require a filming permit prior to commencement of filming.
C............................................................................................. Permit Review Process
1. The Town Clerk shall conduct a preliminary review of the application for completeness and request clarification or additional information as necessary.
2. The Town Clerk shall send copies of the application to the Fire Marshal for review and comment. The Clerk may send the applications for further review and comment to other agencies which may have expertise.
3. Following the preliminary review, the Town Clerk shall schedule the application for review by the Planning Commission. The Commission shall review the application and approve, deny or approve with conditions.
D............................................................................................... Conditions for approval
1. The Town of Rockville strictly prohibits the use of any language or conduct that is deemed to be a danger, threat or offense to the public health, safety or welfare.
2. The Rockville Planning Commission shall determine whether impacts to the Town from filming operations are acceptable. The Commission may impose conditions to decrease or mitigate potential undesirable impacts. To this end, the Town may require crowd control measures, fire department services or emergency medical stand-by services.
3. The applicant will be required to provide assurances that, within an agreed upon time after filming operations cease, locations used for filming shall be cleaned and returned to the condition prior to the filming operations.
E............................................................................................................................ Fees
1. The application fee for a Commercial Film Production Permit shall accompany the application.
2. An additional permit fee, based on the number of days of production shall be assessed and accompany the application.
3. Should the Rockville Planning Commission determine that extraordinary services such as crowd control, fire department or emergency medical stand-by services are required, the applicant shall submit with the application a written agreement to pay the costs of these extraordinary services.
F............................................................................ Bond and Insurance Requirements
1. Proof of a general public liability insurance policy with the Town of Rockville named as an additional insured is required. The amount of this coverage shall be a minimum of three hundred thousand dollars ($300,000). The Planning Commission shall have authority to require adjustments (increases or decreases) to this coverage depending upon the scale of operations as described in the application.
2. This section further empowers the Planning Commission to require the applicant to post bond in an amount not to exceed ten thousand dollars ($10,000) as a guarantee against damages, need for clean-up or loss of public property. The Planning Commission may waive the bond if the applicant has demonstrated that adequate provisions to protect public property and venues are in place.
G............................................................................................................... Enforcement
The Town shall have the authority to shut down any filming operations proceeding without the benefit of a filming permit or found to be in violation of the terms of this section. This article may be further enforced in accordance with Section 1.19 of the Land Use Code. The Town is also authorized to bring a civil action in a court of competent jurisdiction to recover any costs that it incurs which are not otherwise reimbursed by the applicant, which costs shall include a reasonable attorney’s fee to the prevailing party.
7.26 Solar Access
A......... The purpose of the solar access incentives and protection is to encourage and protect the use of passive and active solar energy systems. It is the opinion of the Town that solar energy systems, particularly in residential use, are an important contribution to energy production.
B.......................................................................... Protection of Solar Access in Zones
1. No building, chimney, trees, shrubs or other large objects shall be constructed or placed in such a manner so as to obstruct the sun from reaching not less than ninety (90) percent of an existing solar energy system.
2. When an existing solar energy system is in place on a lot, no building permit shall be issued for a building on an adjoining lot that will infringe on the neighboring solar access.
3. Where there is a question as to whether or not an infringement of solar access to an existing solar system will take place, the property owner/ developer must prove to the Town, before being issued a building permit, that no such infringement will take place. If such an infringement does occur after construction, the owner/developer is responsible for taking appropriate measures to correct or eliminate the infringement.
7.27 Beautification
A......... Buildings, uses and lots shall be maintained in such a manner as to enhance community pride and beautification. Violation of this provision is declared a nuisance.
1. No trash, rubbish, out-of-control weeds or other unsightly material or conditions shall be permitted on any lot, right-of-way or easement or as part of any building use.
2. Unsheltered storage of old, unused, stripped machinery, implements or personal property of any kind which is no longer safely usable for the purpose for which it was manufactured is declared to be a nuisance and dangerous to the public safety.
3. No vacant lot shall be used for the storage of any item or as a dumping ground for rubbish, garbage, inoperable vehicles or equipment or other waste.
B......... If such unsightly material or conditions are not removed from any residential zone within three (3) months following notification of landowner by certified letter, the Town shall have the unsightly material removed and the costs incurred by the Town in doing so shall be billed to the owner of the property or structure.
Chapter 8. Signs
8.1 Scope
The Town of Rockville recognizes that signing is an important design element of the physical environment. Therefore, this Code is intended to implement the goals and policies of the General Plan, particularly with regard to developing a town that is visually attractive while preserving the safety and improving the aesthetics of the Town's buildings, streets, highways and pedestrian circulation systems.
8.2 Intent
A. The provisions of this chapter are not intended to abrogate any easement, covenant, condition or other existing agreements which may be more restrictive than the provisions of this Chapter; and
B. Whenever the application of this chapter is uncertain the question shall be referred to the Planning Commission for determination; and
C. If any section, subsection sentence, clause, phrase, or portion of this chapter is for any reason held invalid or unconstitutional by any court of proper jurisdiction, such portion shall be deemed separate from the remaining portions of this chapter.
8.3 Objectives
The objectives and conditions for sign regulations contained in this chapter are designed to maximize public convenience with a rational system of signing further enhancing the Town's aesthetic and economic components. Maximum standards are provided and are in no way designed to discourage creativity or investment. The objectives are as follows:
A. To provide a rational system of controls for signs.
B. To direct persons to various places of business and special activities, in order to provide for the maximum public convenience.
C. To enhance the economic value of the community and each specific area thereof through. the regulation of such things as size, number, height, location, design and illumination of signs.
D. To encourage signs which are well designed and pleasing in appearance and to provide incentive and latitude for variety, good design relationship, and spacing.
E. To encourage signs which are compatible with adjacent land uses.
F. To encourage signs which are compatible with on-site uses.
G. To protect the general public health, safety and welfare of the community.
H. To maintain the rural atmosphere of the neighborhoods.
8.4 Application
Application for a business sign permit shall he made upon a form provided by the Town, and shall contain such information as may be required to assure compliance with this chapter.
8.5 Method of Review
After receipt of a sign application, the Planning Commission shall render a decision to approve, approve with modifications, or deny the sign request at their next regularly scheduled meeting provided the application is received fourteen (14) calendar days prior to the meeting. Such review will ensure that any sign proposal is in conformance with this chapter and is consistent with the Town's objectives.
8.6 Permit Issuance
Upon approval by the Planning Commission the Town delegate shall issue permits for the placing, erecting, moving or reconstruction of business signs within Town when:
A. proper application has been made;
B. the sign complies with all Town ordinances; and
C. the fees for such permit have been paid.
8.7 Fees
The application fee for business sign permits shall be fixed from time to time by Town Board resolution. The fee may be doubled when the installation of a sign is commenced before obtaining a sign permit.
8.8 Variance
Application for variance from terms of this title shall be reviewed by the Board of Adjustment according to variance procedures.
8.9 Prohibited Signs
8.9.1 General Prohibition
Billboards, rotating, moving, flashing, reflecting, revolving, blinking, or neon signs; signs placed on vehicles or trailers; signs resembling official traffic or government signs; and signs portraying obscene, indecent, or immoral matter are prohibited.
8.9.2 Public Right-of-way
If a sign is on public property or in the public right-of-way of any sidewalk, street, alley, or highway such sign is prohibited unless otherwise stipulated in this Chapter.
8.9.3 Visibility
When the location, size, height, or shape of any sign unreasonably interferes with traffic and or pedestrian visibility such sign is prohibited.
8.9.4 Illumination, Use of (i.e. Reflectors, Floodlights or Spotlights)
It is unlawful to illuminate any sign by reflector, floodlight or spotlight when any portion of such illumination may be a menace to traffic or a nuisance to adjacent properties, or which does not meet Uniform Building Code regulations.
8.9.5 Traffic Device, Resemblance to
No person shall place, maintain or display upon, or in view of, any street or highway an unofficial sign, signal, or device which purports to be or is an imitation of, or resembles, an official traffic control device.
8.10 Special Provisions
8.10.1 Emblems and Flags
Emblems or flags of political, civic, philanthropic, educational, and religious organizations shall be permitted on the premises occupied by such organizations. Flags or emblems advertising the sale of particular goods or services are not permitted. Flags attracting attention to the sale of new tract homes, or attracting attention to new business or offices shall be permitted by the provisions hereunder:
A. A maximum number of six (6) flags may be used.
B. Flags shall be displayed no higher than fifteen feet (15’) above grade.
C. In no case shall a flag be allowed in the public right-of-way.
D. In all cases, each flag or emblem shall not exceed twelve (12) square feet in area.
8.10.2 Off-Site Directional Signs
All off-site directional signs, as defined herein, shall be reviewed and approved by the Planning Commission provided the sign(s) are in compliance with the following standards:
A. Such signs shall not contain the brand name of a product.
B. No part of any sign shall exceed seven feet (7’) in height.
C. Signs for public uses, schools, churches, businesses or offices may be permitted on private property, only if the use being identified by said signage is located within the Rockville Town limits. Such signs shall not exceed three (3) square feet per sign fade; double face signs are acceptable.
8.10.3 Temporary Signs
Temporary signs, including devices of new ownership shall be allowed only by permit approved by the Planning Commission. Such application shall be submitted on the same form provided for permanent signs. Conditions shall be stipulated upon receipt of this form. The Planning Commission shall review the request and may issue a temporary sign permit consistent with the following regulations:
A. Limited to grand openings, Town-recognized holidays, Town-recognized functions, or charitable events.
B. Signs for new businesses shall be issued for a maximum of seventy-five (75) days only upon the initial opening of business. Size, height, color, copy, and location shall be approved by the Planning Commission.
C. Signs for special events sponsored by community groups or civic clubs for public events or public celebrations may be permitted. Such signs shall be approved on an individual basis by the Planning Commission as to size, height, color, location, safety, and period of display. Such signs shall be permitted over the public right-of-way provided they are approved by the Utah Department of Transportation and/or Town utilities providers as to materials, method of attachment and safety to the public. Tethered hot air balloons and other inflatable objects, larger than three feet (3’) in height and banners larger than eighty (80) square feet are not permitted under the provisions of this Chapter.
D. Approved exceptions, not requiring a permit, shall include only unlighted temporary signs for family functions and/or yard/garage sales (such signs shall be displayed far a maximum of seventy-two [72] hours per event); home garden and farm perishable produce sales (such signs shall be displayed only for the normal season of such produce). Such signs shall conform to all other provisions of this Chapter.
8.10.4 Vehicular Signs
Vehicular signs are restricted. It is unlawful for any person or business to maintain a vehicle on private or public property, for the primary purpose of serving as a non-moving sign display. Commercial and business vehicles actively used to transport goods, livestock or persons shall be exempt.
8.11 Signs and Conditions
The conditions in this Chapter are designed to be uniform and consistent and to set relatively flexible standards allowing for a maximum of creative expression by the occupant as well as enhancing economic possibilities throughout Town. The number and area of signs outlined are intended to be maximum standards.
8.11.1 Permitted Signs and Conditions
A. One construction/development sign per project during project construction only, not to exceed eight (8) square feet in area and eight feet (8’) in height. Such sign must be removed fifteen (15) days after completion of a project.
B. One real estate sign not to exceed eight (8) square feet of sign area. Such sign must be removed fifteen (15) days after the close of escrow. Corner lots may be allowed a maximum of two (2) signs.
C. Subject to all other provisions of this Code, each permitted business, home occupation or preexisting conditional use shall be allowed one (1) identification sign comprised of any one of the following sign types and corresponding sizes:
1) One (1) wall sign, monument sign, or free-standing pole sign with a maximum sign area not to exceed fifteen (15) sq. ft. nor the width or length be greater than ten feet (10’). No sign or sign structure shall exceed seven feet (7’) in height. Supporting structures shall not exceed ten (10) sq. ft. of visual surface interruption.
D. Personal address or residential identification signs shall be permitted identifying address and occupant.
1) The sign(s) may be of a free-standing pole or monument sign style or attached to home or fence.
2) In the case of free-standing pole signs, the signs shall be no more than four (4) sq. ft. in area, may be no more than seven feet (7’) in height. The supporting pole(s) or post(s) must be designed in proportion to the sign face and shall not occupy more than twenty-five percent (25%) of the area below the sign face.
3) In the case of a monument style sign, the sign inclusive of the monument structure, shall be no more than fifteen (15) sq. ft. in total area, be no more than seven feet (7’) in height.
E. Personal property entrance signs are allowed:
1) The letters shall be no more than ten inches (10”) in height.
2) The sign, or its supports, shall not create a safety hazard.
F. Political signs per parcel not to exceed sixteen (16) square feet total sign area. Such signs shall not be erected earlier than seventy-five (75) days prior to the election and shall be removed no later than ten (10) days following the election.
G. Directional/informational/warning sign(s) per lot as required or authorized by law.
H. Temporary signs for special events may be permitted; provided that the erection of such signs shall be approved by the Planning Commission on an individual basis as to size, height, location, safety1 and period of display. Such signs may be permitted over the public right-of-way provided that they are approved as to materials, method of attachment and safety to the public. Tethered hot air balloons, and other inflatable objects larger than three feet (3’) in height and banners larger than eighty (80) square feet, are not permitted under this Chapter.
I. One subdivision identification sign per street frontage, neighborhood, subdivision, or development, not to exceed fifteen (15) square feet in sign area.
8.12 Sign Standards
To provide sign standards which will enhance the quality of life, and economic and community standards of the Town. Therefore all new and existing business signs are subject to design review. The design standards set forth in this Chapter shall be adhered to for all signing in all zones.
8.12.1 Architectural Style
Each business sign shall be designed with a specific intent and purpose to relate to the architectural style or character of existing improvements upon lots, buildings, and other signs surrounding the site.
8.13 Non-conforming Signs
It is the intent of this Chapter to recognize the eventual elimination of signs not conforming with the provisions of this Code, and the prohibition of new signs that violate these regulations. Any sign legally existing before the effective date of adoption of this Code shall be a legal non-conforming sign. Any sign erected after the adoption of this Code which does not conform to these provisions shall be removed, altered or replaced pursuant to the provisions of this Chapter.
8.14 Notice and Removal
If the Planning Commission finds that any sign has been constructed or erected, or is being maintained in violation of the provisions set forth in this Chapter, written notification of the status of the non-conforming sign(s) and a request that such sign be removed, or brought into compliance within thirty (30) days of such written notification, shall be made to the permitee, agent or property owner by the Planning Commission.
If proper action to correct a sign's status has not been completed at the end of the thirty (30)-day period, a written notice to remove said sign within ten (10) days shall be made by the Planning Commission.
If both the thirty (30) and ten (10)-day notices and waiting periods pass without proper correction, the Planning Commission may cause a sign to be removed without further notice. Expenses related to such removal shall be paid by the permittee, agent, or property owner.
A. If a sign is removed in response to official notice and is later placed or used in an illegal location or manner; the Planning Commission may have the sign removed without notice.
B. Any sign found to be an immediate danger to persons or property shall be removed summarily and without notice by a duly appointed official. All costs associated with the removal shall be assessed against the permittee or property owner.
C. Any signs erected on public property in violation of the provisions hereof shall be removed by order of the Planning Commission.
The cost of the removal or alteration of any sign and any subsequent expense incident thereto which, by the terms of this Chapter, shall be paid by the permittee, sign owner, property owner, or any other person, shall become a debt owing the Town of Rockville for the collection of which the Town of Rockville may maintain civil action thereon in its own name.
8.15 Structural Safety
8.15.1 Prevention Codes
Every sign and all parts, portions, units and material comprising the same, together with the frame, background, supports or anchorage therefor, shall be manufactured, fabricated, assembled, constructed and erected in compliance with the building, electrical and fire prevention codes as they now exist or may hereafter be amended, or they may hereafter exist.
8.15.2 Maintenance
Every sign and all parts, portions, units, and materials composing the same, together with the frame, background, supports or anchorage therefor, shall be maintained in proper repair and state of preservation. The display surface of all signs shall be kept neatly painted and/or posted. Any sign victimized by graffiti shall be removed, repaired, or repainted within ten (10) days or be subject to removal by the Town at owner's cost.
8.15.3 Identification
Every business sign erected, altered or relocated shall have on file with the Town:
A. the date of erection, alteration or relocation;
B. the permit number (when appropriate);
C. a photograph of the sign as erected and installed; and
D. the voltage and other pertinent information (including locations for emergency electrical shutoff) regarding any electrical or other apparatus associated with the sign.
8.15.4 Illumination
Only externally illuminated signs, in accordance with Uniform Building Code regulations, are allowed and shall be placed so that no light passes into adjacent properties, public right-of-way, or night sky.
8.16 Officials
All officials and public employees of the Town of Rockville vested with the duty or authority to issue permits shall conform to the provisions of this Code and shall issue no permit, certificate, or license for uses in conflict with the provisions of this Code. It shall be the duty of the Town or their designee to enforce the provisions of this Chapter.
8.17 Unlawful Signs
Any sign erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this Code shall be and the same hereby declared to be unlawful and a public nuisance and shall be subject to any Rockville Town regulations regarding public nuisances.
Chapter 9. Non-conforming Buildings and Uses
9.1 Maintenance Permitted
A nonconforming building or structure may be maintained.
9.2 Repairs and Alterations
Repairs and structural alterations, conforming to the provisions of this chapter, may be made to a nonconforming building or to a building housing a nonconforming use.
9.3 Additions, Enlargements, and Moving
A building or structure occupied by a nonconforming use and a building or structure nonconforming as to height, area, or yard requirements shall not be added to or enlarged in any manner unless such addition or enlargement conforms or is made to conform to all regulations of the zone in which it is located.
9.4 Alterations Where Parking is Insufficient
A building or structure lacking sufficient automobile parking space in connection therewith as required by this Ordinance may be altered or enlarged provided additional automobile parking space is supplied to meet the requirements of this Ordinance for such alteration or enlargement. All parking spaces shall be on the site or adjacent to the site.
9.5 Restoration of Damaged Buildings
A nonconforming building or structure or a building or structure occupied by a nonconforming use which is damaged by fire, flood, wind, earthquake or other calamity or Act of God, or the public enemy may be restored and the occupancy or use of such building, structure, or part thereof, which existed at the time of such damage may be continued or resumed, provided that such restoration is started within a period of one (1) year and is diligently pursued to completion.
9.6 One-Year Vacancy
A building or structure or portion thereof occupied by a nonconforming use, which is, or hereafter becomes, vacant and remains unoccupied by a nonconforming use for a continuous period of one (1) year shall not thereafter be occupied except by a use which conforms to the use regulations of the District in which it is located.
9.7 Continuation of Use
The occupancy of a building or structure by a nonconforming use, existing at the time this Ordinance became effective, may be continued.
9.8 Occupation Within One Year
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 use became nonconforming.
9.9 Change of Use
The nonconforming use of a building or structure may not be changed except to a conforming use; but where such change is made, the use shall not thereafter be changed back to a nonconforming use.
9.10 Non-Conforming Use of Land
The non-conforming use of land, existing at the time this Ordinance became effective, may be continued, provided that no such non-conforming use of land shall in any way be expanded either on the same or on adjoining property, and provided that if such non-conforming use of land, or any portion thereof, is abandoned or changed for a period of one (1) year or more, any future use of such land shall conform with the provisions of this Ordinance.
9.11 Exceptions
The following non-conforming structures and uses shall be amortized over a period not exceeding that stated below, effective from the date of adoption of this Ordinance:
A. Trash, junk, debris, or similar material shall be removed from any residential zone within six (6) months.
Non-conforming structures or uses not removed within the specified time, effective of the date of adoption of this Ordinance, shall be removed, following notification of land owner, by the Town of Rockville and the costs incurred by the Town in doing so shall be billed to the owner of the property or structure.
Chapter 10. Off-street Parking Requirements
10.1 Off-street Parking Required
At the time any building or structure is erected or enlarged or increased in capacity or any use is established, there shall be provided off-street parking spaces for automobiles adjacent to the building, structure or use in accordance with the following requirements:
10.2 Number of Parking Spaces
The number of off-street parking spaces required shall be as follows:
A. Dwellings, single-family, two-family. Two (2) parking spaces for each dwelling unit.
B. Churches and meeting halls. One (1) parking space for each three (3) seats of maximum seating capacity.
C. All other uses, as determined by the Town, based on nearest comparable standards.
10.3 Access Requirements
Adequate ingress and egress to and from all uses shall be provided as follows:
A. Residential Lots. For each residential lot not more than two (2) driveways, each of which shall be a maximum of twenty (20) feet wide at the street lot line, and such driveways shall not be closer than twelve (12) feet to each other.
B. Other than Residential Lots. Access shall be provided to meet the following requirements:
1) Not more than two (2) driveways shall be used for each one hundred (100) feet, or fraction thereof, of frontage on any street.
2) No two (2) of said driveways shall be closer to each other than twelve (12) feet.
3) No driveway shall be closer than twenty-five (25) feet of any intersection at any corner as measured along the property line.
4) Where there is no existing curb and gutter or sidewalk, the applicant may at his option install a safety island and curb, or, in place thereof shall construct along the entire length of the property line (except in front of the permitted driveways) a curb, fence, or pipe rail not exceeding two (2) feet or less than eight (8) inches in height.
5) All other uses not listed above as determined by the Rockville Town Planning Commission, based on the nearest compatible use standards.
10.4 Maintenance of Parking Lots
Every parcel of land used as a public or private parking lot shall be developed and maintained in accordance with the following requirements:
A. Surfacing
Each off-street parking lot shall be surfaced with a surface adequate in relation to location and use. Parking lots serving a high volume of traffic shall be surfaced in such a way to provide a dust-free surface. The parking area shall be so graded as to dispose of all surface water. If such water is to be carried to adjacent streets, it shall be piped under sidewalks.
B. Screening
The sides and rear of any off-street parking lot which face or adjoin a residential district shall be screened from such district by a visual barrier not less than four (4) or more than eight (8) feet in height.
C. Landscaping
Each parking lot shall be adequately landscaped and permanently maintained.
D. Lighting
Lighting used to illuminate any parking lot shall be arranged to reflect the light away from adjoining premises in any zone and from street traffic.
10.5 On-Street Parking Requirements
These regulations are intended to achieve the following:
A. To reduce traffic congestion and hazards.
B. To assure the maneuverability of emergency vehicles.
C. To protect the neighborhoods from the effects of vehicular noise, lights, and traffic generated on public rights-of-way.
10.6 General Regulations
A. Overnight camping on public rights-of-way is prohibited.
B. Vehicles may be temporarily parked on public rights-of-way in front of residences for not more than twenty-four (24) hours for the purpose of loading and unloading. Twenty-four hours must elapse before the start of a new 24-hour period, together with movement of the vehicle a distance of at least 500 feet.
C. Overnight parking or camping, without written consent of the Town, on Town of Rockville property is prohibited. Violations will be reported to the police. The Town of Rockville is exempted from this restriction.
Chapter 11: Conditional Uses
11.1 Purpose of Conditional Use Provisions
Although each zoning district is an attempt to segregate predominant land uses within identified residential districts, there will be proposals that are generally compatible with other permitted uses in the zone. If properly and carefully planned, these uses, although different or more intensive than permitted uses in the same zone, may become compatible and appropriate for the zone in question.
The Conditional Use Permit (CUP) procedure is intended to provide greater flexibility in land uses while at the same time preserving Town characteristics and assuring compatibility between conditional uses, uses on adjoining properties and the Town at large.
11.2 Conditional Uses Allowed
A......... Conditional Use Permits for Home Occupations will be considered by the Planning Commission and, if approved, issued to permit a dwelling unit in a residential zone to be used for commercial purposes, provided the business meets all of the requirements and conditions as outlined in Chapter 5: Home Occupations.
B......... The Planning Commission may impose additional conditions to preserve the character of the zoning district and mitigate any potential adverse effects of a particular Home Occupation.
C........ When the Town and the applicant cannot devise conditions that satisfactorily mitigate the adverse effects of the conditional use, the Home Occupation Permit shall be denied.
D........ The Home Occupation permit application and review process is found in Chapter Five (5): Home Occupations.
11.3 Prohibited Uses
Land use that is not clearly identified as permitted is deemed prohibited. All use must be consistent with the General Plan and the Land Use Code.
Chapter 11: Conditional Uses
11.1 Purpose of Conditional Use Provisions
Although each zoning district is an attempt to segregate predominant land uses within identified residential districts, there will be proposals that are generally compatible with other permitted uses in the zone. If properly and carefully planned, these uses, although different or more intensive than permitted uses in the same zone, may become compatible and appropriate for the zone in question.
The Conditional Use Permit (CUP) procedure is intended to provide greater flexibility in land uses while at the same time preserving Town characteristics and assuring compatibility between conditional uses, uses on adjoining properties and the Town at large.
11.2 Conditional Uses Allowed
A......... Conditional Use Permits for Home Occupations will be considered by the Planning Commission and, if approved, issued to permit a dwelling unit in a residential zone to be used for commercial purposes, provided the business meets all of the requirements and conditions as outlined in Chapter 5: Home Occupations.
B......... The Planning Commission may impose additional conditions to preserve the character of the zoning district and mitigate any potential adverse effects of a particular Home Occupation.
C........ When the Town and the applicant cannot devise conditions that satisfactorily mitigate the adverse effects of the conditional use, the Home Occupation Permit shall be denied.
D........ The Home Occupation permit application and review process is found in Chapter Five (5): Home Occupations.
11.3 Prohibited Uses
Land use that is not clearly identified as permitted is deemed prohibited. All use must be consistent with the General Plan and the Land Use Code.
Chapter 12. Subdivision
12.1 General Provisions
12.1.1 Title
These regulations shall hereafter be known, cited and referred to as the Subdivision Regulations of Rockville, Utah or Chapter 12 of the Land Use Code of the Town of Rockville.
12.1.2 Policy
12.1.2.1 Control and Jurisdiction
It is hereby declared to be the policy of Rockville to consider the subdivision of land and the subsequent development of the subdivided plat pursuant to the official General Plan of Rockville for orderly, planned, efficient, and economical development.
12.1.2.2 Public Services and Health, Safety and Welfare
Protection
Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, landslide, subsidence, geologic and natural hazards, or other menace, and land shall not be subdivided and developed until available public facilities and improvements exist and proper provision has been made for drainage, water, sewage, and capital improvements such as schools, parks and recreation facilities, streets and transportation facilities, and related improvements. If necessary and required public facilities, infrastructure and safety protections are not in place or can not be provided for, the subdivision and/or development will not be allowed.
12.1.2.3 Conformance with Town Plans and Standards
The existing and proposed public improvements shall conform and be properly related to the proposals shown in the General Plan, Official Zoning Map, and the capital budget and infrastructure improvement program of Rockville, and it is intended that these regulations shall supplement and facilitate the enforcement of the provisions and standards contained in the currently adopted Uniform Building and Housing Codes, the Land Use Code, General Plan, Official Zoning Map, and capital budget and infrastructure improvement program(s) of the Town of Rockville as they may be adopted.
12.1.3 Purpose
The purpose of this chapter is to promote the health, safety and general welfare of the community by ensuring that community growth and development occurs in an orderly, well-considered manner that is consistent with the goals of the General Plan by:
A. Establishing
requirements and procedures which ensure that new growth to will
preserve the high quality of community environment; protect property values;
and encourage development that blends in with Rockville’s agricultural
character, historic flavor and natural, scenic beauty being especially
mindful of Rockville’s responsibility and desires to remain an attractive and
tasteful entry community to Zion National Park. The Town prohibits “gated
communities” and development that proposes to be “cookie-cutter” in appearance.
B. Providing policies, procedures, requirements and standards for the physical development of subdivisions of land, construction of buildings and improvements within the town, including, but not limited to, the construction and installation of roads, streets, curbs, gutters, drainage systems, water and sewer systems, dedication of land and streets, granting easements or rights of way and to establish fees and other charges for the authorizing of a subdivision.
12.1.4 Scope of Chapter
A. Applicability: No person shall subdivide any parcel of land which is located wholly or in part in the town except in compliance with this chapter. This chapter shall not apply to any lot or lots forming a part of a subdivision created and recorded prior to the effective date hereof, except as provided in subsection B of this section.
B. Approval to Subdivide Required: The boundaries of any lot shall not be altered in any manner so as to create more lots than initially recorded, or any nonconforming lot, without first obtaining the approval of the town council.
C. Compliance Prior to Occupancy: There shall be no human occupancy of any building until the improvements have been accepted by the town and the building and lot fully comply with the provisions of this title.
12.1.5 Amendments to Subdivision Chapter
Amendments to this chapter shall comply with the requirements of Utah Code Annotated as it applies to amendments to subdivision regulations.
12.1.6 Supplementary Definitions
Words used in this chapter but not defined herein shall have the meaning as defined in any other ordinance adopted by the town council.
CUT: Land surface which is reshaped by man or machine through the removal of soil, rock or other materials.
EXCAVATION: Any disturbance to the ground, including, but not limited to, clearing, grubbing, rock removal, cutting, tunneling, drilling or any other activity which alters the natural ground.
FILL: A deposit of earth material by hand or mechanical means.
FINAL PLAT: A map or chart of a land division with accompanying supplementary documents, which has been accurately surveyed, and such survey marked on the ground so that streets, alleys, blocks, lots and other divisions thereof can be identified.
GRADING: Any excavating or filling, or combination thereof.
GRADING PLANS: A topographic development plan prepared by a registered civil engineer showing existing and proposed contours before and after grading of a site.
OFF-SITE CONSTRUCTION: Any construction related to a subdivision which is not within the platted subdivision.
OFF-SITE FACILITIES: Facilities outside of the boundaries of the subdivision which are designed or located to serve the needs of the subdivision or adjacent properties; usually lying between a development and existing facilities.
ON-SITE FACILITIES: Facilities installed within, under or upon the public streets, or rights of way, within or on the perimeter of the subdivision or development site.
PERSON: A firm, association, organization, partnership, company or corporation, or any legal entity entitled to own property, as well as an individual.
PRELIMINARY PLAT: A map or chart of a proposed land division with accompanying supplementary documents which has been prepared in accordance with regulations herein prescribed.
RESUBDIVISION: The changing of any existing lot or lots of any subdivision plat previously recorded in the records of the county recorder.
SOIL ENGINEER: A civil engineer currently registered in the state of Utah with professional training and experience in soil engineering.
STREET RIGHT OF WAY: That portion of land dedicated to public use for street and utility purposes.
STREETS:
Arterial Street: A street, existing or proposed, which serves or is intended to serve more than fifty (50) residential dwelling units or will service a commercial district with more than four (4) businesses.
Collector Street: A street, existing or proposed, which serves or is intended to serve up to fifty (50) residential dwelling units or will service up to four (4) commercial businesses. Any street which intersects SR-9 in two (2) or more locations.
Local Street: A street, existing or proposed, which serves or is intended to serve up to twenty five (25) residential dwelling units.
Minor Street: A street, existing or proposed, which serves or is intended to serve up to ten (10) residential dwelling units.
SUBDIVIDER: Any person, developer, firm, corporation, partnership or association who causes land to be divided into a subdivision for himself or others.
SUBDIVISION: Any land that is divided, re-subdivided, or proposed to be divided into two (2) or more lots, parcels, sites, units, plots or other division of land for the purpose, whether immediate or future, for offer, sale, lease or development either on the installment plan or upon any and all other plans, terms and conditions. "Subdivision" includes:
A. The division or development of land whether by deed, metes and bounds description, devise and testacy, lease, map, plat or other recorded instrument; and
B. Divisions of land for all residential and nonresidential uses, including land used or to be used for commercial, agricultural and industrial purposes.
SUBSURFACE DRAINAGE: Any system of pipes, canals, ditches, moats, etc., that intercept the ground water and carry it to the Virgin River or other body of water.
SURFACE DRAINAGE: That amount of water runoff caused as a result of precipitation or irrigation.
VICINITY PLAN: A map or drawing to scale showing the physical relationship of the proposed development to existing or proposed streets, buildings and utilities; other relevant information such as special terrain or surface drainage; and existing zoning classification of all land within three hundred feet (300') of the property proposed for development.
ZONE CLEARANCE: Assurance must be given in writing by the director of community development that a proposed activity is in compliance with existing zoning regulations. This determination shall be made by the planning commission.
12.1.7 Approval Required:
It shall be unlawful for any person to subdivide any tract of land within the municipal limits of the town, where the said transaction would result in the "subdivision" of land, as herein defined, nor shall any person offer for recording any deed conveying a parcel of land or any interest therein which would amount to a "subdivision", as herein defined, unless he shall first make or cause to have made a plat thereof, which plat must receive final approval by the town council and recorded in the office of the county recorder before such sale or exchange or purchase is effected. The approval of the final plat shall be obtained by complying with all applicable requirements of this title and all other applicable laws and regulations.
12.1.8 Classification of Subdivision:
A. Subdivision, Major: All subdivisions not classified as minor subdivisions, including but not limited to subdivisions of four (4) or more lots, or any size subdivision requiring any new street or extension of the local governmental facilities, infrastructure, or the creation of any new public improvements.
B. Subdivision, Minor: Any subdivision containing not more than three (3) lots fronting on an existing public or private street of adequate capacity, not involving any new street or road, or the extension of town infrastructure or facilities, or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property(s), and not in conflict with any provision or portion of the Town General Plan, Land Use Map, Official Zoning Map, or these codes and regulations. A minor subdivision must also not require a zone change or re-zone to be subdivided. The subdivider must agree to be bound by the current version of this Code and the Town General Plan and the property must not contain sensitive lands or lie under the Sensitive Lands Overlay Zone
12.1.9 Pre-Application:
The purpose of the pre-application is to give the applicant an opportunity to present a subdivision plan to the planning commission to get initial feedback and direction with regard to ordinance compliance. The following steps or procedures shall be followed to initiate the subdivision process. The subdivider may submit a complete preliminary plat application, combining the pre-application process with the preliminary plat process.
A. Vicinity Plan: Subdivider shall prepare a vicinity plan and submit three (3) copies to the Town. The vicinity plan shall show a simple sketch of the proposed layout of streets, lots and other features, including existing utilities and watercourses in relation to the existing and planned streets within one-fourth (1/4) mile of the subdivision. The plan shall be prepared at a scale of not smaller than one inch equals two hundred feet (1” = 200’).
B. Review by Planning Commission: The planning commission shall review the pre-application at a regularly scheduled meeting. The planning commission shall advise the subdivider within thirty (30) days after the review of possible problems and areas where the proposed subdivision does not comply with ordinances of the town.
12.1.10 Preliminary Plat
A preliminary plat shall be furnished for all proposed land divisions. For any subdivision of three (3) or fewer lots, the subdivider may prepare and submit final plat requirements concurrently with the preliminary plat for approval.
A. Application; Contents: Subdivision applications shall include all the items below. For subdivisions which divide a parcel of land into three (3) or fewer lots, the Town may modify certain application requirements of this section, with planning commission approval, if they are not pertinent to the development or are unnecessary for evaluation of the safety of the development, by waiving such in writing.
1) Completed Application: Completed preliminary plat application.
2) Feasibility Study: The subdivider shall be required to show the feasibility of the proposed water, sewage and electrical systems necessary to meet the requirements of this chapter, the local health officer and the state division of environmental health as indicated by letters of feasibility from such health officers.
3) Summary Statement: Summary statement containing the following:
a) Total area within the subdivision showing all phases;
b) Total area of each lot;
c) Total number of proposed dwelling units;
d) Estimated maximum drainage flow (100-year storm) through any natural courses lying within the area to be subdivided expressed in cubic feet per minute.
4) Scaled Drawing: A plan showing the proposed subdivision layout drawn at a scale of one inch equals fifty feet (1" = 50'), which shall show:
a) North point, scale and date.
b) The names and addresses of the subdivider, the engineer and/or surveyor of the subdivision, and the owners of the land within three hundred feet (300') of the boundaries of the land to be subdivided.
c) Proposed name of the subdivision, if applicable.
d) The location of the subdivision as forming a part of the larger tract or parcel where the plan submitted covers only a part of the subdivider's tract and a vicinity sketch.
e) The boundary lines of the tract to be subdivided in heavy lines with reference to survey markers or monuments.
f) The location, width and other dimensions of the existing or platted streets and/or easements, and buildings within the tract.
g) The location, width and other dimensions of the proposed streets, lots, alleys, easements, parks and other open spaces with proper labeling of spaces to be dedicated to the public.
h) Existing sanitary sewers, storm drains, water supply mains, easements and irrigation ditches and other waterways within the tract and within one hundred feet (100') of the boundary of the proposed subdivision.
i) The boundary lines of the 100-year flood plain boundary as defined by the most current Washington County Flood Plain Map.
5) Preliminary Engineer Drawings: Preliminary engineering drawings, including typical cross sections, and plans and/or written statements regarding width and type of proposed off-site and on-site water mains, sanitary sewers, drainage facilities and other proposed improvements such as sidewalks, curbs and gutters, parks and fire hydrants. The proposed location of all of the aforementioned improvements, if such improvements are required, must be shown on the preliminary plat.
6) Contour Map: A contour map tied to an identified USGS benchmark which has contour intervals of two feet (2') to four feet (4') for areas of less than ten percent (10%) slope, and contour intervals of five feet (5') to ten feet (10') for areas of ten percent (10%) or greater slope, unless otherwise required by the planning commission.
7) Earth Moving Plan: Any subdivision shall submit an earth moving plan prepared by a licensed professional civil engineer. The plan shall include the following:
a) Existing and proposed contours and cross sections. Property contours shall be shown at five foot (5') intervals and show the topography of the existing boundary lines of the site, or sufficient to show on- and off-site drainage. The slope of proposed cuts and fills shall be shown on the grading plan. Any cut or fill which measures more than four feet (4'), measured vertically from the finished grade to the intersection of the slope with the natural undisturbed ground, requires special approval by the planning commission. All cut and fill areas are subject to incorporating retaining, landscaping or other techniques approved by the town engineer and planning commission for the purpose of stabilizing.
b) Special notes and details of the existing terrain shall be noted on the required topographic information.
c) The dimensions, elevations and contours of any proposed earth moving shall be shown.
d) A description shall be included of the methods to be employed in disposing of soil and other material removed, including the location of the disposal site.
e) A schedule shall be included showing when each stage of the project will be completed.
8) Drainage Study: A drainage study and report shall be prepared by a licensed professional civil engineer, paid by the applicant, and shall be submitted with each application. The design of the drainage control system shall be based upon the following criteria:
a) All drainage systems shall be separate and independent from the sanitary sewer system.
b) Property development shall not cause a natural drainage channel to be filled in, obstructed or diverted. Any modification to a natural drainage channel must be approved by the planning commission and the town engineer. Such proposal must be addressed in the drainage study and shown on improvement plans, and the developer may be required to dedicate right of way or record drainage easements for structures and/or improvements needed to carry storm runoff in the event approval is given for the proposed modifications.
c) The point of location where the natural drainage channel enters and leaves the subdivision property may not be changed.
d) No increase of water flows or volume will be permitted on downstream property owners. The effect of development shall be considered in the drainage design.
e) The developer shall provide the necessary means to assure drainage within the property being developed by making use of natural washes and constructing necessary drainage controls. The planning commission and town engineer shall review and approve any drainage control design.
f) It shall be required that each new development handle its storm water runoff in such manner that no net increase in storm runoff above the natural state will occur on the downstream properties or significantly alter the natural flow of drainage within the development. The pre-project flows must not be exceeded by the post-project flows.
g) Curb and gutter street design is discouraged except as provided in 12.3.4. Such street design aggravates natural drainage and introduces the need for extensive storm drainage infrastructure. Drainage plan should accommodate street design without curb and gutter.
h) The storm water from a 100-year frequency storm shall be utilized when determining drainage design.
i) Drainage plans must be consistent with all other reports (for example, geotechnical, soils, landscaping, etc.).
j) Necessary measures shall be taken to prevent erosion and scour at all points throughout the development. It shall be mitigated at all points of discharge and at the face of any cut or fill slope throughout the development.
9) Vegetation Plan: A vegetation plan showing the location of existing vegetation, the location of vegetation proposed to be removed, and a re-vegetation proposal for those areas which will have raw soil exposed at the termination of construction and/or grading as a direct result of such grading.
10) Proof Of Interest, Permission: Sufficient documentation to show the subdivider has a vested interest in the subject property or has the owner's permission to subdivide must be presented with preliminary application.
11) Irrigation Clearance: For all subdivisions proposed through which an irrigation ditch, canal or other such waterway passes, the subdivider will need to obtain a letter of agreement from the owner of said ditch, canal or other waterway specifying any required improvements or possible relocation.
12) Other: Any additional reports which are required by the associated zone.
13) Traffic Study: If deemed necessary by the planning commission or the town engineer, the developer shall submit a traffic study prepared by a licensed engineer qualified in the area of traffic and circulation. Such study will incorporate safety issues for pedestrian, bicycle and vehicular traffic, as applicable.
14) Measure to Protect Ecology: All subdivisions within the sensitive lands overlay zone, because the area is geologically, topographically or historically unique or sensitive, must address the following issues. A report must be submitted describing the mitigating measures that will be taken with respect to subsections A14a through A14e of this section:
a) Control of erosion within the subdivided area, and any measures taken as necessary due to impact by the development of the subdivision, to control erosion outside the boundaries of the subdivision;
b) Reseeding of cuts and fills;
c) Prevention of fire and control of dust;
d) Prevention of the accumulation of weeds and debris outside the boundaries of the subdivision due to impacts of the development of the subdivision;
e) Prevention of destruction of vegetation outside the boundaries of the subdivision due to impacts of the development of the subdivision.
15) Disposal Of Flood Water, Surface Water: Disposal of surface water and disposition of flood hazards so as to protect lands located outside the boundaries of the subdivision due to impacts of the development of the subdivision.
B. Review by Town Officials: The planning commission, in conjunction with the town engineer, the fire marshal, and others as deemed appropriate, shall review the preliminary plat.
C. Hearing, Recommendation by Planning Commission: At a public hearing scheduled and noticed as per Chapter 1 of this Code, the planning commission shall recommend to the town council to approve, disapprove or approve with modifications the preliminary plat. A written report shall be forwarded to the town council recording the planning commission findings.
D. Variances: Where unusual topographic or other exceptional conditions exist, the board of adjustment may vary the requirements of this chapter.
E. Hearing, Decision Of Town Council; Expiration Of Approval: At a public hearing scheduled and noticed per Chapter 1 of this Code, the town council shall approve, disapprove or approve with modifications the preliminary plat. If the final subdivision plat approval is not granted within twelve (12) months from the date the preliminary plat approval was granted, the preliminary plat approval shall expire unless the project has been diligently pursued toward completion and there has been substantial completion of improvements for the project, or unless within that twelve (12) month time span the subdivider applies for and receives from the planning commission an extension of his preliminary plat for an additional year.
"Substantial completion" as referenced in this section shall be defined as the completion of any of the planned infrastructure or capital improvements for the subdivision. An extension request shall be granted by the planning commission as long as the application is timely made, there are no changes to the plat and no subdivision improvements have been made. Any extension request, under this provision, will subject the preliminary plat to further review by the planning commission recognizing and considering any applicable zoning changes that have occurred since the original plat approval. If there are changes to the plat, they will need to be approved by both the planning commission and the town council. No fee shall be charged for an extension request unless changes have been made to the plat, in which case the fee shall be as established from time to time by the town council. A subdivider may continue to extend his preliminary plat approval each year as described in this section for a maximum of three (3) years. If the final subdivision plat is not approved by the conclusion of the third year, the preliminary plat approval will lapse. Where a subdivider has substantially completed improvements in the project, his preliminary plat shall expire no later than five (5) years from the date such improvements were made.
If a subdivider fails to submit an extension application within the time limit and has not substantially completed improvements on the project, he may make a one time request to the town for consideration of an extension of his preliminary plat by the planning commission. The planning commission will make a recommendation to the town council to approve or reject the request. Upon the recommendation of the planning commission, the town council may choose to approve or reject the recommendation of the planning commission. If the town council chooses to deny the application for an extension, the preliminary plat approval will be deemed to have lapsed. After expiration of the preliminary plat approval, a subdivider is required to make a complete resubmittal.
12.1.11 Final Plat
The subdivider shall prepare and submit a final plat, together with a completed application, the required fees, and either a policy of title insurance or a preliminary title report showing proof of ownership or right to title, and to allow effective dedication of streets and easements within the subdivision without boundary exceptions. Fees shall be paid to the town clerk. Subdivision plats must be filed with the town clerk.
A. Preparation of Plat: A final plat shall be prepared for all subdivisions. Said plat shall be drawn on a sheet of vellum or mylar having outside or trim line dimensions of twenty four inches by thirty six inches (24" x 36"). The border line of the plat shall be drawn in heavy lines, leaving a margin of at least one and one-half inches (1 1/2") on the left-hand side of the sheet for binding, and at least one-half inch (1/2") on the other three (3) sides of the sheet. The plat shall be so drawn that the top of the sheet faces either north or east, whichever accommodates the drawing better. All lines, dimensions and markings shall be made on the tracing linen with waterproof black ink. The actual map shall be made with a minimum scale of one inch equals fifty feet (1" = 50'). Details and the workmanship on finished drawings shall be clear and readable. A poorly drawn, incomplete or illegible plat is sufficient cause for rejection.
B. Number Submitted: The subdivider shall also furnish the town with one permanently reproducible copy and six (6) prints of the final plat when submitting the tracing.
C. Final Plat Application: A final plat shall be furnished for all proposed land divisions and shall include all the items below. For proposed subdivisions which divide a parcel of land into three (3) or less lots, the planning commission may modify certain application requirements of this section. If they are not pertinent to the development or are unnecessary for the evaluation of the safety of the development, the planning commission may waive such application requirements in writing.
1) Completed Application: Completed final plat application.
2) Subdivision Name, Location: Subdivision name, if applicable, and the general location of the subdivision.
3) Map Legend: A north point, scale and date.
4) Bearing, Monuments: Accurately drawn boundaries showing the proper bearings and division, properly tied to public survey monuments. These lines should be heavier than street and lot lines to clearly define said subdivision boundaries.
5) Center Lines Established: The names, width, lengths, bearings and curve data on center lines of proposed public streets, alleys or 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 parks reserved for any reason within the subdivision. All lots and blocks are to be numbered consecutively under a definite system. All proposed streets shall be named in accordance and in conformity with the street naming system of the town.
6) Watercourses: The location of existing watercourses.
7) Official Monuments: The description and locations of all monuments set and established by the county or the United States government that are adjacent or near proposed subdivision.
8) Certified Information: The typical forms acceptable to the planning commission lettered for the following:
a) Description of land to be included in subdivision;
b) Registered professional engineer and/or land surveyor's certificate of survey;
c) Owner's dedication;
d) Notary public's acknowledgment;
e) Town engineer's certificate of approval;
f) Planning commission chairman and the mayor's signatures on final plat, attested by the town clerk;
g) Town attorney's certificate of approval.
9) Conformance With Preliminary Plat: The final plat must conform to the preliminary plat as approved or as approved with modifications, except where modifications are: a) a necessary result of significant changes in conditions beyond the control of the subdivider; or b) the final plat includes a significant public amenity such as a pedestrian or river parkway or scenic or open space easement not previously included in the preliminary plat.
10) Improvements: The final plat shall include an overall improvements drawing to be submitted with the final plat showing the location of the following:
a) All sewer mains and manholes;
b) All water mains, valves and fire hydrants;
c) All culinary water lines and pressurized irrigation lines, ditches, canals and other waterways, along with any required improvements;
d) The location of all curb, gutter, sidewalk and other street improvements to be constructed as required by this chapter;
e) All fences, barriers or landscaping as required by the planning commission;
f) All special improvements required by the planning commission as conditions of subdivision approval;
g) Location of all street name signs as required by the town engineer;
h) The location of any dedicated open space and a draft of the open space agreement.
11) Water, Sewer Design: Drawings showing layout, profile and detailed design for sewer line, water lines and storm drains.
12) Profile, Cross Section Drawings: Plan profile and typical cross section drawings of all streets, bridges, culverts and other drainage structures and any additional requirements deemed necessary by the town engineer.
13) Grading, Drainage Plan: Final grading and drainage plan, indicating the finished grade by solid line contours superimposed on dashed line contours indicating the existing topography for the area of the final plat. Such contours shall be at least two foot (2') intervals for predominant ground slope within the tract between level and five percent (5%) grade, and five foot (5') intervals for predominant ground slopes with the tract over five percent (5%) grade.
14) Vegetation Plan: Vegetation plan, if required as part of the preliminary plat, showing existing vegetation to remain and the size, type and location of vegetation to be replaced.
15) Erosion Control: Erosion control plan when required by the town engineer as a result of preliminary plat review.
16) Conservation, Open Space Agreement: Final draft of any required conservation easement or open space agreement, as approved by the town council in conjunction with the town attorney.
D. Review By Planning Commission, Hearing: The planning commission, in conjunction with the town engineer and others as deemed appropriate, shall review the final plat at a public hearing scheduled and noticed according to Chapter 1 of this Code. In any subdivision contiguous to property owned by a municipality, public service district, state or state agency, federal government or federal agency or other public entity, such entity shall be notified in writing by the subdivider of the proposed subdivision and shall be invited to review the final plat. A copy of the written notice to the public entity shall be filed with the planning commission. If the final plat conforms to the preliminary plat as approved or approved with modifications, the planning commission shall recommend to the town council that they grant final approval. If the final plat differs from the approved preliminary plat, the planning commission may recommend to the town council approval, disapproval or approval with modifications of the final plat, as necessary to make the final plat conform to applicable town ordinances. A written report shall be forwarded to the town council recording the planning commission findings.
E. Review by Town Council, Hearing: At a public hearing scheduled and noticed per Chapter 1 of this code, the town council shall review the final plat after the planning commission has completed its review and provided a report to the town council. The town council shall consider the planning commission report. The town council shall approve the final plat if it conforms to the preliminary plat as approved or approved with modifications. If the final plat differs from the approved preliminary plat, the town council may approve, disapprove or approve with modifications of the final plat, as necessary to make the final plat conform to applicable town ordinances.
F. Final Decision; Signatures Required: The chairman of the planning commission and the mayor shall both sign the final plat, noting the final decision of the town council.
G. Town Attorney Approval; Conditions: The town attorney shall approve the final plat of a Major Subdivision if he finds that:
1) There is a current title opinion from a licensed title company showing that the person dedicating the property described on the final plat is the title owner as shown on the records of the county recorder's office.
2) The performance bond, escrow deposit, letter of credit or trust deed with the town is in appropriate form and signed by the necessary parties.
3) That the subdivider has executed the subdivision improvements agreement required by this chapter.
4) That the subdivision does not, in his or her opinion, violate any ordinance of the town or the laws of the state or the rules and regulations promulgated pursuant thereto.
H Recording: After the map or plat has been duly certified and approved by the town council, mayor, town engineer, town clerk and town attorney, the town attorney shall file and record the approved final plat in the office of the county recorder. Such recording shall be completed in a timely manner from the date of the final inspection.
I) Phasing Of Plats: The final platting of subdivisions may be done in phases. Each phase shall consist of the number of lots which can be completely developed with off-site improvements within a twelve (12) month period. If the roads and utilities are not established within twelve (12) months, the plat shall be considered null and void and subject to reapplication by the subdivider unless an extension has been approved as provided for in 12.3.6.D.
12.1.12 General Standards
A. Preservation In Design, Development: The design and development of subdivisions shall preserve, insofar as it is possible, the natural terrain, natural drainage, existing topsoil, trees and vegetation. Land which is subject to hazardous conditions such as landslides, mud flows, rock falls, ground subsidence, shallow water table, open quarries, floods and polluted water supply shall be identified and evaluated by a certified engineer.
B. Control Of Water, Storm Runoff: During grading or construction on any property, including off-site construction, the developer shall control both water used for construction and storm runoff in such a manner as to not affect any adjoining properties, nor add silt or debris to any existing storm drain, wash, channel or roadway.
12.1.13 Lot Standards
A. Building Sites: The lot arrangement, design and shape shall be such that lots will provide a compact body of land for buildings and be properly related to topography and conform to requirements set forth herein.
B. Lot Sizes:
1) All lots shown on the subdivision shall conform to the minimum requirements of this title, for the zone in which the subdivision is located, unless otherwise approved as a planned development provided for under the planned development overlay zone under Chapter 13 of the Rockville Land Use Code.
2) Sewage disposal systems shall be by approved means.
C. Frontage On Public Streets: Each lot shall abut on a street dedicated by the subdivision plat or an existing publicly dedicated street which is at least twenty four feet (24') wide.
D. Corner Lots: Corner lots shall have dimensions sufficient for the maintenance of required building setback lines on both streets, along with sufficient area to comply with area requirements of this title.
E. Parts of Lots: All remnants for lots below minimum size, left over after subdividing a larger tract, must be attached to adjacent lots or permanently dedicated for public or common use, and evidence of such attachment or dedication submitted prior to the approval of the final plat. All lots designated within a subdivision must meet the minimum standards of the zone within which they are located, unless approved as a planned development overlay zone under Chapter 13 of the Rockville Land Use Code.
12.1.14 Fees
Subdivider shall be required to pay all application and subdivision related fees as determined by a town resolution. In addition, the subdivider shall reimburse the town for all attorney and engineer costs related to the subdivision platting, recording and inspection of subdivision improvements.
12.1.15 Compliance with Final Plat
Every approved subdivision shall be constructed, developed or otherwise completed according to the provisions of this title, in conformance to the approved final plat and supplementary documents pertaining to such subdivision. It shall be the responsibility of the subdivider to ensure that such provisions are correctly constructed, installed or otherwise completed. Failure to comply with this provision shall constitute grounds for immediate termination of all work activity associated with such subdivision. Before resumption of work activity, the subdivider shall agree, in writing, to reconstruct, at his cost, those items not in conformance with the provisions of the title before the release of the security guaranteeing improvements.
12.1.16 Vacating or Changing a Plat
All vacations, amendments or changes to a subdivision plat, including change of the name of a recorded subdivision, or any adjustment of lot lines between adjacent properties, shall occur in the following manner:
A. Procedure To Vacate Or Change A Plat:
1) The town council may, with or without a petition, or on its own initiative or on the initiative of any other town official or body, consider any proposed vacation, alteration or amendment of a subdivision plat, any portion of a subdivision plat, or any street, lot or alley contained in a subdivision plat at a public hearing.
2) Any fee owner, as shown on the last county assessment rolls, of land within the subdivision that has been laid out and platted as provided in this chapter may, in writing, petition the town council to have the plat, any portion of it, or any street or lot contained in it, vacated, altered or amended as provided in this section. In such case, the petitioner shall pay the cost of the notice required by this section.
3) A petition to vacate, alter or amend an entire plat, a portion of a plat, or a street or lot contained in a plat, shall include:
a) Completed plat drawings;
b) Name and address of all owners of record of the land contained in the entire plat;
c) Name and address of all owners of record of land adjacent to any street that is proposed to be vacated, altered or amended; and
d) The signature of each of these owners who consents to the petition.
4) Before the town council may consider a proposed vacation, alteration or amendment of a subdivision plat, the same shall be referred by the town council to the planning commission for its recommendation, which referral shall be given within thirty (30) days after the plat change proposal is received by the town council. Although it may choose to do so in its discretion, the planning commission is not required to give notice of and hold a public hearing on the proposed plat amendment, but must give its recommendation on the same to the town council within thirty (30) days after the proposed vacation, alteration or amendment is referred to it. Within forty five (45) days after the town council receives its recommendation from the planning commission it shall give notice of its public hearing on the proposed vacation, alteration or amendment.
B. Notice of Town Council Hearing for Plat Change:
1) The town council shall give notice of the date, place and time of its public hearing to all landowners who must receive such notice to consider any proposed vacation, alteration or amendment of a plat. The notice shall include a statement that anyone objecting to the proposed plat change must file a written objection to the change within ten (10) days of the date of the notice, and a statement that if no written objections are received within that time, unless a public hearing is required as indicated elsewhere in this title, the town council in its discretion may determine not to hold the public hearing.
2) If the proposed change involves the vacation, alteration or amendment of a street, the town council shall give notice of the date, place and time of the hearing by:
a) Mailing notice as required in subsection B1 of this section; and
b) Publishing the notice once a week for four (4) consecutive weeks before the hearing in a newspaper of general circulation in the town.
C. Public Hearing:
1) A public hearing must be held on the proposed vacation, alteration or amendment of the plat if:
a) The proposed plat change includes the vacation of a public street or alley; or
b) Any property owner receiving notice of the proposed change notifies the town in writing within ten (10) days of the date of the notice of their objection to the change; or
c) A petition requesting a plat change has been filed but not all of the property owners in the subdivision have signed the revised plat; or
d) The town council or any other town official or body has proposed on its own initiative to amend the plat.
2) In all other cases, the town council in its discretion may determine not to hold the public hearing.
D. Grounds for Vacating or Changing a Plat:
1) Within thirty (30) days after the town council's public hearing, or where no public hearing before the town council was held, within forty (40) days after the date notice of the town council's public hearing was given to property owners, the town council at a regularly notified meeting shall decide whether to approve, approve with modifications, or deny the proposed vacation, alteration or amendment of the plat. In the case of a denial or partial denial of a proposed plat change, the town council shall issue written findings to describe its reasons for the denial or partial denial. In the case of such denial or partial denial, any party may resubmit the proposal for the plat change at any time, in which case the review process for a plat change as given in this section shall be repeated.
2) If the town council is satisfied that neither the public nor any person will be materially injured by the proposed vacation, alteration or amendment, and that there is good cause for the vacation, alteration or amendment, the town council may by ordinance, vacate, alter or amend the plat, any portion of the plat, or any street or lot.
3) The town council shall ensure that the newly approved plat is recorded with the county recorder.
12.1.17 Penalties
Any plat of a subdivision
filed or recorded without the approvals required by this title is void. Any
owner or agent of the owner of any land located in a "subdivision",
as defined in this chapter, who offers for sale or who transfers or sells any
land in that subdivision or any possessory interest therein before a final plat
of the subdivision has been approved and recorded as required in this chapter,
is guilty of a class C misdemeanor and subject to penalty as provided in Chapter
1.29 of this code. A description by metes and bounds in the instrument of
transfer or other documents used in the process of selling or transferring does
not exempt the transaction from a violation or from the penalties or remedies
provided in this chapter
12.1.18 Review Fee
Each applicant for approval of a subdivision or planned development shall pay a review fee as shall be set by resolution of the town council to help defray the cost of the town of reviewing the plans and making a determination as to whether or not the proposed subdivision or planned development complies with all applicable ordinances. This review fee will not be refundable, whether or not the subdivision is approved.
12.2 Planned Developments
SEE CHAPTER 13 OF THIS LAND USE CODE.
12.3 Required Improvements
12.3.1 Purpose
A. The following regulations are established in order to: 1) provide for orderly development of improvements along streets and the extension of necessary public services while placing the burden of paying for such extension and improvements directly on the landowners who will benefit from the same; and 2) set other reasonable performance standards for development and maintenance of lands within the town.
B. It is the intent and purpose of this article to require that standard improvements are installed, at the expense of landowners, when developing single lots or parcels of land, or subdivisions or planned developments (PDs) with or without public streets, within the town. Such improvements shall be a condition of the issuance of a building permit for single lots or parcels of land, or preliminary and final plat approval for subdivisions and planned unit developments.
12.3.2 Applicability
The provisions of this article are required for the following:
A. All construction of new residential dwellings and any newly established use requiring a building permit; and
B. Subdivision and planned development (PD) approval.
12.3.3 Work to be Done by Engineer or Surveyor
All engineering work or surveying of property shall be done by or under direction of a licensed professional engineer or land surveyor currently registered in the state.
12.3.4 Required Improvements
The following improvements shall be the landowner's financial obligation:
A. Wastewater Disposal Systems:
1) All lots or parcels not within a subdivision or PD shall be serviced by an acceptable wastewater disposal system.
2) All lots or parcels within subdivisions and PDs shall be serviced by hook-up to an approved wastewater disposal system.
B. Surface Water Drainage Systems: All lots or parcels and subdivisions shall be serviced by an approved surface water drainage system.
1) Development of lots or parcels located along SR-9, or where otherwise called for in the official street plan, if such plan has been adopted, shall require concurrent installation of curb and gutter to specifications available from the town engineer. The town council may waive this requirement when topography or proximity to the town does not allow for or warrant the installation of curb and gutter.
2) Development of lots or parcels otherwise located shall require concurrent installation of an effective surface water drainage system as appropriate, which may include curb and gutter, culverts, drainage ditches, riprap or other improvements designed to: a) meet the needs of a specific lot or parcel of land; and b) to complement existing drainage systems in the area, as determined by the town council and/or the town engineer.
C. Culinary Water: All lots or parcels and subdivisions shall be serviced by an approved culinary water system. The installation of culinary water lines in subdivisions shall be installed as shown on the final plat. All lines shall be in compliance with town standards.
D. Sidewalks, Footpaths And Wheelchair Ramps: Single lots or parcels located along SR-9 and sidewalk corridors as identified on the official street plan, if adopted, shall be required to install sidewalks and, where appropriate, wheelchair access ramps, to the specifications by the town engineer. Wheelchair ramps, sidewalks or approved alternatives shall be installed as shown on the final plat and in compliance with town standards.
E. Frontage on Approved Street or Lane: All lots or parcels of property shall be an approved flag lot or shall be one of the following:
1) A dedicated street; or
2) A publicly approved street; or
3) A private street, lane or private road.
G. Street Surfacing:
1) Single Lots or Parcels: Landowners of single lots or parcels shall be responsible for extending streets or lanes to their property line to meet the requirements of the Town. Such streets or lanes shall be surfaced to standards specified in the official street plan or, if such plan is not yet adopted, to standards available from the town engineer.
2) Subdivisions: The grading and surfacing of streets as shown on the final plat shall be in compliance with town standards, as approved by the town engineer.
H. Fire Protection: Subdividers and landowners, or their agents, shall be responsible for providing all fire protection requirements for their property as determined by the fire marshal.
I. Landscaping And Reseeding: The installation of landscaping, vegetation replacement and reseeding of all graded areas as shown on the final plat and as required by town ordinances.
J. Underground Utilities: The underground installation of electrical, telephone and cable television lines shall be done prior to road grading and surfacing.
K. Street Lighting: The installation of street lighting fixtures, in order to minimize light pollution and to protect nighttime vistas within the scenic canyon, shall have to pertain to public safety issues, be down directed and shielded, and shall be reviewed and approved by the planning commission.
L. Right to Farm – Refer to Chapter 7.
12.3.5 Improvement Agreement for Single Lots or Parcels
No building permit shall be issued until the developer has submitted a required improvement agreement codified herein and on file in the town office, agreeing to construct the required improvements provided for in this article. No agreement shall be necessary if all required improvements are in place.
12.3.6 Guarantee of Performance Required for Subdivisions
The planning commission shall not approve a final plat until the subdivider provides a guarantee assuring the completion of all required improvements as shown on the final plat. The purpose of the bond is to ensure construction of the required improvements within twelve (12) months from the date of the final approval without cost to the town. Said guarantee shall meet the following requirements:
A. Type and Amount of Guarantee: The performance bond required shall be fifteen percent (15%) in excess of the estimated cost of the required improvements. The subdivider shall furnish an estimate of the cost of constructing the required improvements under the direction of a registered engineer and this estimate will be reviewed and checked by the town engineer. If the amount is acceptable, a performance bond for that amount will be obtained by the developer. The performance bond shall consist of a written guarantee of a financial institution.
B. Duration: The duration of the surety bond shall be for twelve (12) months from the date of approval of the final plat or such lesser time as is required to complete the improvements.
C. Default: In the event the subdivider is in default or fails to or neglects to satisfactorily install the required improvements within one year from the date of approval of the final plat, or to pay all liens in connection therewith, the town council may declare the bond forfeited and the town may install or cause the required improvements to be installed, using the proceeds of the collection of the bond or other assurance to defray the expense thereof.
D. Extension: A surety bond may be extended prior to its lapse for one additional period of six (6) months; provided, that at least sixty (60) days prior to the expiration date, an application for its renewal is filed with the town. The applicant shall clearly demonstrate, to the satisfaction of the planning commission and town council, that in spite of good faith efforts of the applicant, circumstances beyond his control have prevented the timely pursuit of the project and completion of the necessary requirements within the original time frame. The planning commission shall hear such request at a regularly scheduled planning commission meeting and recommend to the town council approval, approval with conditions, or denial of the extension. The town council shall hear such request at the next regularly scheduled town council meeting considering the recommendation of the planning commission. The town council shall approve, approve with conditions, or deny the request within fifteen (15) days of the town council first reviewing the request.
E. Ongoing Inspections: The town engineer or his qualified designate shall perform ongoing inspections of the installation of underground utilities, trenching, base compaction for roads and sidewalks, and any other work which requires site inspection and review.
F. Final Inspection and Release: The subdivider shall be responsible for the quality of material, workmanship and condition of all improvements until final release is made by the planning commission. At the completion of the work, or not less than ten (10) days prior to the release date of the bond or other approved security, the town engineer shall make a preliminary inspection of the improvements and shall submit a report to the planning commission setting forth the conditions of such facilities. If all liens are paid and conditions thereof are found to be satisfactory, the planning commission may recommend to the town council that it approve the release of the bond less fifteen percent (15%) as provided hereafter. Lien waivers from all contractors shall be required in order to determine if the liens are paid. If the condition of materials or workmanship shows unusual deprecation or does not comply with standards of the town, or if any outstanding liens are not paid, the town council may declare the subdivider in default.
G. Latent Defects: The town shall retain in escrow, to draw interest for the benefit of the owner thereof, fifteen percent (15%) of the value of the guarantee for a period of one year to assure that any latent defects which appear during that period are repaired and are in compliance with town standards. If after one year all required improvements exhibit no signs of defect, the escrow account shall be relinquished to the owner. If defects appear during this period, the owner shall complete the necessary repairs to meet the standards required by the town engineer. At the completion of such repairs, the final inspection and release process above shall be required.
H. Permit Issuance, Sales During Default Prohibited: In the event the subdivider is found to be in default or fails to or neglects to satisfactorily install the required improvements, it shall be unlawful for any person to receive any further building permits or occupancy permits or to sell or offer to sell any lot within the subject subdivision until all improvements are installed and accepted by this town, or a formal extension is granted by the town council and a new agreement is signed.
12.3.7 Construction and Maintenance of Private Roads and Driveways by Town Prohibited
A. The town shall not open, grade, pave or perform any maintenance on any private or undedicated street or alley, and the town will refrain from laying utility lines in any street which has not:
1) Been accepted by the town as a public street or alley; and
2) Received the approval of the planning commission as part of a final plat of a subdivision, unless an easement is granted; or
3) Received the necessary recorded easement.
12.4 Self-imposed Restrictions
If the owner places restrictions on any of the land contained in the subdivision greater than those required by this Code or these regulations, such restrictions or reference thereto may be required to be indicated on the subdivision plat, or the Planning Commission may require that restrictive covenants be recorded with the County Recorder in a form to be approved by the town attorney.
Chapter 13. Planned Development
13.1 Purpose and Objectives
The purpose of the Planned Development is to allow diversification in the relationship of various uses and structures to their sites, to permit flexibility in the use of such sites, and to assure any such development will conform to the Rockville General Plan. The application of Planned Development concepts is intended to promote the existing quiet, rural, residential, and agricultural nature of Rockville; to encourage the general health, safety and welfare of the Town’s residents, property owners and visitors; to secure the advantages to the community and to property owners of large scale site planning for development of lands within the Town; to encourage innovative site planning which emphasizes and encourages the maintenance of the Town’s agricultural lands and open space as demonstrated in Randall Arendt’s works, Conservation Design for Subdivision and Rural by Design; to acknowledge the Town’s unique geographic location including its views and its important drainages and washes; to respect the historic patterns of land use which were established by the Plat for the City of Zion (See Definitions, Chapter 2) (See Definitions, Chapter 2); and to encourage the clustering of houses and to consider the use of density transfers.
This Chapter should be considered an enhancement to the regulations of Chapter 12, Subdivision, as contained in this Code. These enhancements are negotiable between the developer and the Town. The effective and innovative application of these standards may result in bonuses to the density and structural placement regulations found in the chapters defining use, density, setbacks, etc. (zoning) and elsewhere in this Code. All PD proposals must demonstrate that they can meet the minimum requirements or conditions of any underlying zone or other regulations contained in this Code.
The Planning Commission may accept or reject a PD proposal on the basis of the quality of materials used in the project, as well as the architectural design and serviceability of the project. All PD developments shall be designed to "fit in" and protect the character of the neighborhood and rural, small town atmosphere of the Town. In considering PD applications, every effort will be made to see that the neighborhood and Town is enhanced by the project.
Any proposed subdivision project involving more than five (5) acres, or having more than four (4) residential units or lots divided, must be submitted as a PD, unless specifically exempted by an appeal to the Board of Adjustment. Subdivisions containing three (3) or fewer units or lots (minor subdivisions) may be exempt from this requirement, unless the applicant wishes to be reviewed as a minor PD as per this Chapter.
Complete planning of the entire project in all of its phases is critical in the proper application of the PD process. All PD regulations are in addition to the subdivision regulations of Chapter 12 and the PD may be processed concurrently with the subdivision approval if the applicant wishes. Also, refer to Chapter 1 of this Code for Planning Commission PD approval procedures and issues as well as those of this Chapter.
13.2 Scope
An application for a PD will be considered by the Planning Commission in all residential and agricultural zones as designated herein. Application for and approval of Planned Development is required prior to development of subdivisions and residential projects on contiguously owned property larger than five (5) acres and/or with four (4) or more units and/or lots. Residential projects for three (3) units/lots or less are exempt from this requirement. The requirement may be waived by the Planning Commission with the finding that the proposed development would preserve development options and allow efficient installation of public improvements for the balance of the property. The PD development plan shall become supplementary to the provisions of the zones in which the PD is located, and the Town shall not be required to enforce any of the private restrictive covenants recorded pursuant to this Chapter.
Unless expressly provided in this Chapter, there shall be no density increase or height increase in the number of dwelling units which can be constructed under the applicable basic zone regulations. However, there may be density transfer between zoning districts provided the proposed Planned Development cluster is found to be compatible in terms of building types and character with the surrounding area and would not alter the essential character of the district.
13.3 Land Use Density and Intensity Allowance
The base density in lots and/or units per net acre as defined in this Section of this Chapter for a PD are established within each of the zoning district’s chapters.
13.3.1 Base Density Exclusions
In determining the maximum base density of the project, the following areas shall not be included within the boundaries of any lot laid out or counted in determining the maximum base density, except as provided herein:
A. One-half (1/2) of the area of slopes greater than fifteen percent (15%) but less than twenty-five percent (25%).
B. One-quarter (1/4) of the area of slopes greater than twenty-five percent (25%) but less than thirty percent (30%).
C. All acreage having a slope of thirty percent (30%) or greater.
D. All acreage covered by natural streams, lakes or ponds.
E. All areas where native soils are classified by the United States Department of Agriculture, Soil Conservation Service, as having severe limitations as foundations for low buildings and all native soils having no interpretations. If the developer submits with his application an engineering report that defines the soils limitations and detailed engineering plans that will reduce the possible hazard to an acceptable standard to the Town, the Planning Commission may consider this area for inclusion in the maximum base density. These soils include areas with high water table, areas with high shrink-swell potential, areas subject to flooding, and areas having a high degree of slope.
13.3.2 Density Bonuses
The Planning Commission may grant an amenity density bonus, which may allow the developer of a PD to exceed the maximum base density for the zone district.
13.3.2.1 Amenity Density Bonus
An amenity density bonus shall be defined as an increase over the maximum base density for amenities included in a Planned Development. Amenities for a particular project may vary from those of another project because of project type and market for which the project is being built. Types of amenities may include dense landscapes, trails, recreation areas and parks, permanent open space, common useable agricultural or farming open spaces or other similar features. Such features may be an amenity for one project, but a liability for another. The Town shall consider the total project and the proposed amenities, and determine the amount of amenity density bonus a project may receive. An amenity density bonus may be based on any of the following:
A. Building and Project Design
Design considerations shall give comprehensive and critical attention to architectural design and style including unit types, architectural theme, building materials and colors, fence and wall treatment, solar considerations, project entrances, orientation of buildings to amenities within the development, and visual appearance of the development from outside the project.
B. Provision and Protection of Open Space
This shall mean the provision and protection of permanent common open space or agricultural open space which is distinguishable from a standard subdivision by its quantity or quality and which is readily accessible to the residents of the development. Credit may be given for innovative clustering designs that maximize open space and preserve the scenic views and beauty of the community. Open space placed in conservation or agricultural easements in perpetuity will be valued highly in the PD process.
C. Innovative Site Plan
An innovative site plan shall mean a site plan which features a street and land use pattern which achieves the goals of the General Plan and is in harmony with the topography and other natural features. An innovative site plan could also include a variety of lot sizes, setbacks, and dwelling unit types emulating the Plat for the City of Zion (See Definitions, Chapter 2) and the periphery areas of that plat.
D. Substantial Public Benefit
Substantial public benefit shall mean the provision of public facilities that are both unusual in character and serve the needs of an area greater than the immediate development. No density increase for substantial public benefit may be approved unless the public facilities provided are in excess of the required street improvements, utilities and drainage facilities.
13.3.2.2 Total Density
In no case shall the total density be greater than twenty percent (20%) above that density which is allowable in the underlying zone.
13.4 Planned Development (PD) Permit
No Planned Development Permit shall be granted unless the Planning Commission determines the proposed development meets the standards, requirements and use limitations of the zoning district in which it is to be located. Compliance with the regulations of this Code in no sense excuses the developer from the applicable requirements of Chapter 12 of this Code, except as modifications thereof are specifically authorized in the approval of the application for the Planned Development.
13.5 Required Conditions
A. No Planned Development shall have an area less than that approved by the Town as adequate for the proposed development.
B. A Planned Development which will contain uses not permitted in the zoning district in which it is to be located will require a change of zoning and shall be accompanied by an application for a zoning amendment, except that any residential use shall be considered a permitted use in a Planned Development which allows residential uses and shall be governed by density, design, and other requirements of the Planned Development Permit.
C. The development shall be a single or corporate ownership at the time of application, or the subject of an application filed jointly by all owners of the property.
D. The Town shall require such arrangements of structures and open spaces within the site development plan as necessary to assure that adjacent properties will not be adversely affected:
1) Density of land use intensity shall in no case be more than twenty percent (20%) higher than allowed in the zoning district.
2) Where feasible, least height and intensity of buildings and uses shall be arranged around the boundaries of the development.
3) All height limits shall be consistent with the Land Use Code.
4) Lot area, width, yard, height, density, and coverage regulations shall be determined by approval of the site development plan.
E. Preservation, maintenance, and ownership of required open spaces within the development shall be accomplished by:
1) dedication of land as a public park or parkway system, or,
2) granting to the Town of Rockville a permanent, conservation or agriculture easement on and over the said private open spaces to guarantee that the open space remain perpetually in recreational and/or agricultural use, with ownership and maintenance being the responsibility of an Owners' Association established with articles of association and by-laws which are satisfactory to the Town or,
3) complying with the provisions of the Condominium Ownership Act of 1963, Title 57, Chapter 8, Utah Code Annotated, 1953, as amended, which provides for the payment of common expenses for the upkeep of the common areas and facilities.
F. Landscaping, fencing, and screening related to the uses within the site may be a means of integrating the proposed development into its surroundings and shall be planned and presented to the Town for approval, together with other required plans for the development.
G. The size, location, design, and nature of signs shall comply with the provisions of Chapter 8 of this Code.
H. A grading and drainage plan (2’ topographical map) is required and shall be submitted to the Planning Commission with the application.
I. A landscape plan showing proposed tree and shrubbery plantings shall be prepared for the entire site to be developed.
J. The proposed use of the particular location shall be shown as necessary or desirable, to provide a service or facility which will contribute to the general well being of the neighborhood and the community.
K. The applicant shall show that under the circumstances of the particular case, the proposed use will not be detrimental to the health, safety, or general welfare of persons residing in the vicinity of the Planned Development and the Town of Rockville.
13.6 Uses Allowed
Subject to the review and approval of the Town, uses allowed in a Planned Development shall be those uses allowed in the underlying zoning district in which the Planned Development is to be located.
13.7 Process
Applications for Planned Developments shall include a development design plan that provides for historic land use, density transfers and concentrations within the site. These review processes are described as follows:
A. Pre-Application Conference (optional).
B. Preliminary Development Plan.
C. Final Development Plan.
If a Planned Development is located within the Sensitive Area Overlay Zone, additional requirements and regulations may apply. See the Sensitive Lands Provisions, Chapter 25.
The Planned Development shall be subject to a public hearing and shall be either approved, denied or modified by the Planning Commission as outlined in Chapter 1.
The owners of the property may file an application for approval of a Planned Development. The application shall be made on a form provided by the Town and must include written consent by the owners of all property to be included in the Planned Development. The procedure for review is described herein.
13.7.1 Pre-application Conference
A pre-application conference may be held with the zoning administrator and/or Planning Commission in order for the applicant:
A. to become acquainted with the Planned Development procedures and related Town requirements;
B. to obtain from the department a written list of what the formal application should include; and
C. to learn about the goals and objectives of Rockville outlined in the General Plan.
13.7.2 Preliminary Development Plan
A. Development Review Application
The applicant of a proposed PD shall submit a Plan Development Review Application, with a fee as established by Town Council Resolution, and a preliminary development plan to the Town. The Planned Development application must be submitted with a completed application form on a form supplied by the Town. Additional application requirements may apply for projects within the Sensitive Area Overlay Zone. The application shall be supported by the following (six sets required) and includes a Written Statement (Part 1.) Map of the Existing Site (Part 2.) and Site Plan (Part 3.).
Part 1. Written Statement
The written statement to be submitted with the Planned Development application must contain the following information (only two sets required):
1) A statement of the present and future ownership (accompanied by a title report less than thirty [30] days old) and tenancy and a legal description of the land included in the Planned Development application, including identification of all mortgages, easements, covenants or restrictions on land use, liens, and judgments which may affect the site.
2) A development schedule indicating the approximate date when construction of the Planned Development, or stages of the development, can be expected to begin and be completed.
3) Copies of any special agreements, conveyances, restrictions, or covenants, which will govern the use, maintenance, and continued protection of the Planned Development and any of its common areas.
4) An explanation of the objectives to be achieved by the Planned Development, including building descriptions, variations in building setbacks, parking, height or other requirements that are being sought; sketches of elevations, or other information as may be required to described objectives.
5) A phasing plan which addresses the proposed timing of public improvements and construction consistent with Chapter 12.
Part 2. Map of Existing Site
A map of existing site conditions shall show the following information for the site prior to demolition of any existing improvement or alterations to natural vegetation and terrain:
1) Title and legal description.
2) Vicinity map (not less than 1" = 100').
3) Scale and north arrow.
4) Site boundaries and dimensions.
5) Existing drainages, washes, steep slopes, and rockfall hazards, if any.
6) Topography with contours at no greater than five foot intervals.
7) Vegetation, location, and type.
8) Soil type and quality;
9) 100 year flood plain and high water areas.
10) Existing structures and their current uses.
11) Existing roads and other improvements.
12) Adjacent structures, uses and zones.
13) Property lines and ownership.
14) Location of public utilities and utility easement.
15) Other data as may be required.
Part 3. The Site Plan
The site plan portion of the application shall consist of a plan
showing the major details of the proposed Planned Development
prepared at a scale of not less than 1" = 100' (or 1" = 50' for sites
of less than one [1] acre). The plan shall contain sufficient detail
to evaluate the land planning, building design, and other features
of the Planned Development proposal. The site plan shall contain,
insofar as applicable, the following minimum information:
1) Scale and north arrow.
2) Proposed name of the development.
3) Identity of a Subdivision Development Plan of which the site may be a part.
4) Topography with finished contours at no greater than five foot (5’) intervals.
5) The location and size of all existing and proposed buildings, structures, and improvements.
6) Natural and proposed vegetation and landscaping, streets, walkways, and easements to be reserved for public use.
7) Location and general dimension of all impervious paved areas such as streets, walks, parking lots, etc.
8) Proposed open spaces with an indication as to use and ultimate ownership, if applicable.
9) Proposed drainage system.
10) Proposed changes to drainages, washes, and steep slopes.
11) Proposed utility distribution.
12) Proposed traffic circulation with anticipated average daily traffic volume, and access to the existing street system.
13) Perspective sketches showing general architectural concepts of all new or remodeled buildings.
14) Maximum height of all buildings, dimensions, and square footage of all lots or parcels proposed within the project.
15) Preliminary limit of disturbance/vegetation protection and temporary erosion control plan showing the maximum limits of disturbance for all construction activity including utilities and public improvements.
16) A general landscape plan at time of initial submission to be followed by a landscaping plan, once the site plan has been approved, showing the spacing, sizes, and types of landscaping material.
13.7.3 Final Development Plan Requirements
The final plan shall be presented in permanent mylar final sheets; all drawings showing proposed site development shall have a scale of no less than l" = 100' (1" = 50' for sites less than one acre), with one (1) sheet showing the entire project, its vicinity within the Town, and a key to the detailed drawings. The final plan shall include all information required by the Planned Development application, plus the following:
A. Accurate dimensions for all lines, angles, and curves used to describe streets and other public rights-of-way sufficient to satisfy final plat requirements of Subdivision, Chapter 12.
B. Detailed sizes and dimensions for the utility and drainage systems with specific locations of fire hydrants.
C. Detailed dimensions and treatment of all common open space, including lighting.
D. Architectural drawings of proposed new or remodeled structures with floor plans and elevations at a scale no less than one-eighth inch (1/8”) to one foot (1’). Drawings shall indicate all exterior materials and colors.
E. Final limits of disturbance or building pads, and vegetation protection and erosion control plan.
F. Location of utilities and connections.
13.7.4 General Criteria for Review
A Planned Development shall implement the goals, objectives and policies of the General Plan and the purposes of this Code and of this Section. Any project falling within the Sensitive Lands Area Overlay Zone may be subject to additional requirements and regulations as outlined in the Sensitive Area Overlay Zone Regulations. In addition, shall meet the following standards and requirements:
A. Uses Permitted
The uses in a Planned Development must be shown as permitted in the zoning district in which the Planned Development is located.
B. Relationship to the Purpose and Policies of the General Plan
The Planned Development must be consistent with the purposes and polices of the General Plan as set forth therein.
C. Relationship to Surroundings
The Planned Development’s relationship to its surroundings shall be considered in order to avoid adverse impacts caused by traffic circulation, building height or bulk, lack of screening, ridgeline and view corridor intrusion, wetland encroachment, or intrusions on privacy.
D. Maximum Density Requirements
The requirements of the zoning district chapters regarding maximum densities shall apply to all Planned Developments except where density increases are entertained within this Code.
E. Open Space
A minimum of twenty-five percent (25%) open space shall be required for all Planned Developments. In approving a PD, the Planning Commission shall designate the type and mix of open space to be provided (natural agricultural, recreational, common or private).
F. Off-street Parking
The number of off-street parking spaces in each Planned Development may not be less than the requirements stated in Chapter 10, Off-street Parking.
G. Variations in Setbacks
The setback requirements of the individual zoning districts shall apply to Planned Developments except that the reviewing agency may reduce setbacks in consideration of site planning issues addressed in this Chapter. Variations in setbacks, if requested, shall be addressed in the written statement and shall be specifically called out on the Planned Development site plan, or shall be handled through a Planned Development control document to be submitted as part of the written statement. Minimum setbacks along the boundaries of the site must be observed.
H. Variations in Height Requirements
The height requirements of the individual zoning districts shall apply to Planned Developments
I. Site Planning
The Planning Commission must be satisfied that the site plan for the Planned Development has met each of the following criteria or can demonstrate that one or more of them is not applicable, and that a practical solution consistent with the public interest has been achieved for each of these elements:
1) The relationship of these areas to other areas, structures, and uses within the Planned Development.
2) The degree to which these areas contribute to the quality, livability, and aesthetics of the Planned Development.
3) Protect ridges from development which would be visible on the skyline from identified vantage points (Chapter 2, Definitions) in Rockville.
4) Units/lots should be clustered in the most developable and least visually sensitive portions of the site with common open space corridors separating clusters. The open space corridors should be designed to coincide with significant vegetation and in many cases, should be left in the natural state. Open space areas will be the maintenance responsibility of the homeowners and/or association. Any areas not left in a natural state should be designed for water conservation.
5) Roads and utility lines should be designed to work with the existing grade and cut and fill slopes should be minimized. Roads and utilities should be placed so that disturbance of significant vegetation is minimized.
6) Existing natural drainage ways should be maintained and designed around.
7) Consideration must be given to soil conditions and ground water existence.
8) A separate plan which addresses limits of disturbance and vegetation protection during construction and revegetation of disturbed areas will be required. This shall include construction necessary for all project improvements such as roads and utilities.
9) Common open space is encouraged and may be counted as part of the required open space within a Planned Development provided they are to be used, and are suitable for, scenic landscaping or recreational purposes, and they are on land which is accessible and available to persons for whose use the common park area is intended, and ownership is vested in a way that preserves the open space.
10) Common open spaces in a Planned Development site shall be preserved and maintained as provided for in an irrevocable dedication declaration, conservation or agricultural easement, or restrictive covenants approved by the Planning Commission and filed and recorded in the office of the County Recorder, or other mechanisms acceptable to the approving agency. The irrevocable dedication, covenant, and declaration shall take place as mutually agreed upon by the Planning Commission and the applicant, provided, however, no building permit shall be issued for the Planned Development until the dedications, covenants, and declarations have been filed and recorded. The areas designated in the covenants as common open space shall be maintained, repaired, preserved, and retained as open spaces by the owners in common of the property and/or the developer.
11) Circulation in terms of an internal street circulation system designed for the type of traffic generated, safety, separation from living areas, convenience, access, noise, and exhaust control shall be considered. Private internal streets may be permitted if they can be used by police and fire department vehicles for emergency purposes. Width and cul-de-sac design must accommodate emergency apparatus. Bicycle traffic shall be considered and provided for and, where appropriate, connection of the bike and pedestrian system to other town systems shall be addressed. Proper circulation in parking areas in terms of safety, convenience, separation, and screening shall also be considered.
12) Utilities shall be addressed in terms of adequacy, availability, and locations of services.
13) Variety shall be addressed in terms of housing type, densities, facilities, and open space.
14) Privacy shall be addressed in terms of the needs of individuals, families and neighbors, and adjoining land owners.
15) Pedestrian traffic shall be addressed in terms of safety, separation, convenience, access to points of destination, and attractiveness.
16) Building type shall be addressed in terms of appropriateness to density, site relationship, and bulk.
17) Building design shall be addressed in terms of orientation, spacing, materials, color and texture, storage, signs and lighting, and compliance with the architectural criteria contained in the Land Use Code.
18) Landscaping of the total site shall be addressed in terms of purpose of planting such as screening or ornamentation; hard surface materials used, if any; maintenance, water needs, suitability; and effect on the neighborhood.
13.8 Approvals
Approvals of Planned Developments shall be granted in the following manner:
A. Plan Approval
The approval for a Planned Development shall be given in a form that states the density allocated to the property as a number of units/lots unless otherwise provided by conditions of approval.
B. Project Site Plan
Project site plan approval of the site plan for the project or development shall be granted by the Planning Commission for all development within the Planned Development.
C. Form or Approval
Once the Planning Commission has approved a density and preliminary plan, a development agreement shall be entered into by the Town and the developer.
D. Construction
Construction within two (2) years is required to preserve a Planned Development approval within the time limits set by Chapter 1.
E. Transferability
Approved Planned Developments are transferable with the title to the property to which the approval pertains, but no portion of the density allocation within any approval may be transferred off site.
F. Expiration and Extension
A Planned Development approval will be reviewed four (4) years from the original date of approval or as otherwise specified in the phasing plan regardless of the progress to date. The approval will be extended pursuant to this Code unless:
1) new information is available which differs from assumptions of the original approvals which would result in significant impacts on the neighborhood not considered in the original approval; or
2) evidence of significant adverse environmental impact can be documented resulting from the PD as originally approved.
In the event that either of these situations occur, the Planning Commission will attempt to mitigate the impacts without significantly altering the overall concept or densities.
At any point, changes in the plans requested by the developer which constitute a change in concept, density, unit type or configuration on any portion or phase of the PD will justify review of the entire plan by the Planning Commission.
13.9 Development Standards and Requirements
13.9.1 Neighborhood Meeting
The applicant for any PD shall conduct at least one (1) neighborhood meeting for the residents in the area of the proposed PD to explain the proposed development and to address all neighborhood concerns. Such meeting(s) shall be accomplished prior to the preliminary development plan being scheduled for review by the Planning Commission. The area of notice for the meeting will be determined by the Planning Commission.
13.9.2 Compliance with Rockville Town Codes
Planned Developments shall comply with the requirements of this Chapter and the stipulations and requirements of the entire Land Use Code, as well as any requirements and conditions of the Planning Commission. The requirements and standards set forth herein shall apply to any Planned Development, and are in addition to any other regulations, required by a conventional development not submitted as a PD. All development must comply with any of the applicable Subdivision Standards contained in the Land Use Code.
13.9.3 Structure Setbacks
A. No structure shall be set back less than twenty feet (20') from the right-of-way line of a dedicated street.
B. Building setbacks along the main peripheral property lines of a PD shall be the same as that required in the zone for any abutting residential properties.
13.9.4 Land Ownership Designation
All land within a development shall be either common area, open space, limited common area, dedicated to public use, privately owned as a buildable lot or a combination of the above.
13.9.5 Slopes
Any slope greater than twenty percent (20%) may be used as parks, and may be included in open space calculation requirements.
13.9.6 Utilities
All dwelling units shall be served by an approved water system and Southwest Utah Health Department approved septic system or Town of Springdale sewer system. All utilities shall be placed underground. Each dwelling unit shall be individually metered for natural gas, electricity, and water.
13.9.7 Landscaping
A. The required front setbacks and side setbacks adjacent to a dedicated street shall be landscaped except for permitted driveways, and shall not be used for parking.
B. All common areas shall be permanently landscaped with trees, shrubs, lawn, or ground cover and maintained in accordance with good landscaping practice, unless the area is to be designated as natural open space.
13.9.8 Parking
Dwelling units shall be provided with not less than two (2) parking spaces each. In addition, one half (1/2) parking space for each dwelling unit shall be developed for guest parking within the development unless the streets provided within the development are constructed to a width which will accommodate travel lanes as well as parking lanes. Guest parking shall be located within one hundred fifty feet (150') of the dwellings served. All parking spaces, parking areas, and driveways shall be hard surfaced and properly drained. Drainage shall not be channeled or caused to flow across pedestrian walkways or trails.
13.9.9 Streets
A. All streets within a PD shall have a paving width of thirty feet (30'). However, a minimum width of twenty-two feet (22') of paving may be approved in certain instances where, in the opinion of the Planning Commission, such factors as the number of dwelling units served by the street, anticipated traffic volumes, and controlled on-street parking may tolerate a lesser standard.
B. All streets which are shown on the Town of Rockville Master Street Plan if adopted or the Land Use/Zoning Maps, shall be developed according to the size and general location shown on the Street Plan. Other streets developed in a PD are encouraged to be dedicated to the Town as public streets; however, private streets may be permitted within PD's provided that:
1) a private street will not extend to or provide service to another property or parcel not included in the PD;
2) the street will not provide access or travel between, or otherwise connect with two (2) public streets. The Planning Commission may waive this requirement if circumstances warrant;
3) the street is designed by a qualified civil engineer to Town standards;
4) the minimum width standards may be increased when, in the judgment of the Town, a greater standard is warranted to adequately serve the development;
5) private streets are entered from the public streets by a drive-way type entrance with no curb cut and are posted as private streets;
6) all private streets shall be designated on the final plat as a perpetual public utilities easement.
13.9.10 Common Areas
Common areas of a development shall be developed according to the plan approved by the Town Council and maintained in accordance with the provisions of this Chapter. Common or privately held open spaces must be perpetually dedicated as such through appropriate deed restrictions or conservation easements, as determined by the Town
13.9.11 Storage Areas and Solid Waste Receptacles
All storage and solid waste receptacles which are not located within a building shall be enclosed within a sight obscuring structure or fence compatible with the design of the development.
13.9.12 Declaration of Covenants, Conditions, and Restrictions
Where covenants, conditions, and restrictions are imposed upon a PD, two copies of the Declaration of Covenants, Conditions, and Restrictions shall be submitted to the Town signed and prepared for recording at the Washington County Recorder's office prior to approval of a final plat.
13.9.13 Development Bond
Prior to the recording of any documents concerning an approved PD or plat maps and prior to the issuance of any building permit on ground covered by a PD, a bond sufficient in amount to cover the cost of all off-site and on-site improvements required by this Chapter and all stipulations and requirements of the Planning Commission shall be required. The bond shall be a guarantee that the proper installation of all required improvements, including amenities, shall be completed within one (1) year of recordation of the approved final plat. This guarantee bond shall also assure that the improvements shall remain free from defects for six (6) months or until April 15 of the following year, whichever is longer, and shall not be released until the improvements are accepted by the Town. Said bond shall be in the form prescribed by the Subdivision Ordinance of the Town, and in an amount as reasonably set forth by the Town.
13.9.14 Final Plat Recordation
The final plat shall be recorded after all signatures are obtained, all approvals are given, and all bonds and fees are posted with the Town and/or Building Official.
13.9.15 Sensitive Lands
Any lands deemed as sensitive lands by this Code or the Town must be protected as designated in the Sensitive Lands Overlay Zone.
13.9.16 Concurrency
All on-site and off-site infrastructure required for the impacts of the entire PD in all of its phases must be installed concurrently and be operational by the time the first phase is completed and certificates of occupancy are issued. All guarantees on the improvements begin when the certificates of occupancy are issued and must last one (1) year from that point in time. Bonds required in this Chapter, as well as the Subdivision Regulations and Ordinance of this Code, must cover completion of all improvements. These improvements include, but are not limited to: water and sewer plants, lines, storage tanks and other facilities; storm drainage and irrigation facilities; streets and roads, public utilities, fire protection systems, public safety systems and improvements; school and educational facilities; and any other improvements deemed necessary in this Code.
13.10 Cluster Subdivision
A. Each lot within a cluster-type subdivision shall have direct access to a public or private dedicated street.
B. Location of dwellings on lots within this type of development shall be approved by the Planning Commission on the preliminary development plan.
C. Dwellings and attached carports, garages, patios, breezeways or other structures attached to the dwelling shall have a minimum total side yard setback of fifteen feet (15'). Unless the reduced side yard provisions are applied, the minimum setback for one side shall be five feet (5'). The minimum front setback for the main dwelling and any additional accessory buildings or attachments shall be twenty feet (20’). No more than two (2) adjacent dwellings shall have equal front setbacks if the front setbacks are less than twenty feet (20').
13.11 Manufactured Housing
A. The minimum width dimension for a manufactured dwelling unit shall be twenty-four feet (24') which shall not include any attachments or accessory use structures such as garage, carport, or storage building. The minimum stated above shall apply to not less than eighty percent (80%) of the length of the unit.
B. The required covered parking space shall be attached to the dwelling unit in such a manner that it becomes an integral part of the structure in design and appearance.
C. Typical elevations of the dwelling unit and required or proposed attachments shall be submitted for approval by the Planning Commission at the time the development plan is submitted.
D. The minimum square footage of the dwelling shall comply with the dwelling area of the zone in which the development is located.
E. If the manufactured housing unit consists of multiple sections, then the minimum dimensions for a section of living area shall be twelve feet by thirty-eight feet (12’ x 38').
F. The roof of a manufactured housing unit shall be comprised of conventional roofing material and shall have a pitch of not less than three feet (3') in twelve feet (12') and shall meet or exceed the snow load requirements for the area.
G. The exterior building material shall be comprised of lapped steel, vinyl, aluminum, wood, brick or other non-reflective siding material.
H. The dwelling units in a manufactured housing PD shall be set on a permanent foundation of approved foundation materials.
I. Each manufactured housing unit shall meet the United States Department of Housing and Urban Development requirements for Manufactured Housing and shall bear the required certification of inspection by authorized Utah State inspectors.
J. The required front yard setback may be required to be common area and shall be irrigated and maintained in accordance with the provisions of this Chapter.
Chapter 14. Design Review
14.1 Purpose
The purpose and intent of design review is to secure the general purposes of this Ordinance and the Rockville Town General Plan and to ensure that the general appearance of buildings and structures and the development of land shall not impair the orderly and harmonious development of the neighborhood.
It shall not be the intent of this Chapter to restrict or specify the particular architectural design proposed or to specify the exterior detail of design, color, or materials proposed by the applicant, except as such detail is of such magnitude as to affect the general appearance and compatibility of the development with its surroundings.
14.2 Application and Review
All applications for building permits for all buildings and structures shall be accompanied by architectural and site development plans to scale, which shall show building locations, landscaping, prominent existing trees, general treatment, fences, off-street parking and circulation, location and size of the adjacent streets, north arrow and property lines, drawings of the major exterior elevations, the building materials, proposed exterior color scheme, existing grades and proposed new grades. All of the above required architectural and site development plans shall have been reviewed.
14.3 Planning Commission Review
The Rockville Town Planning Commission, or the Rockville Town Zoning Administrator, shall determine whether the proposed architectural and site development plans submitted are consistent with this Chapter and with the general objectives of this Ordinance.
14.4 Consideration and Review of Applications
The Rockville Town Planning Commission or the Rockville Town Zoning Administrator, shall consider the following matters, and others when applicable, in their review of applications:
A. Considerations relating to traffic safety and traffic congestion.
1) The effect of the site development plan on traffic conditions on abutting streets.
2) The layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exits, drives, and wall ways.
3) The arrangement and adequacy of off-street parking facilities.
4) The circulation patterns within the boundaries of the development.
5) The surfacing and lighting of off-street parking facilities.
B. Consideration relating to outdoor advertising.
1) All signs shall comply with the provisions of Chapter 8 of this Ordinance.
C. Consideration relating to landscaping.
1) The location, height, and materials of walls, fences, hedges, screen plantings to insure harmony with adjacent development, or to conceal storage areas, utility installations, or other development.
2) The planting of ground cover or other surfacing to prevent dust and erosion.
3) The unnecessary destruction of existing healthy trees.
D. Considerations relating to buildings and site layout.
1) Consideration of the general silhouette and mass, including location on the site, elevation, and relation to natural plant coverage, all in relationship to the neighborhood.
2) Consideration of exterior design in relation to adjoining structures in height, bulk, and area openings, breaks in facade facing on the street (or streets), line and pitch of roofs, and the arrangement of structures on the parcel.
14.5 Findings and Decisions
Upon a finding that the application meets the intent of this Chapter, the design approval shall be recommended, subject to such conditions as are necessary.
14.6 Notification
Upon the Town’s review of the design, the secretary of the Rockville Town Planning Commission shall prepare and mail or deliver to the applicant a formal statement thereof, stating the fact of the grant and any conditions attached thereof, or the fact of denial and the reasons thereof.
14.7 Time Limitations
If construction in harmony with the permit for any development for which design approval has been granted has not been commenced within one (1) year from date of notification of approval, the approval shall be deemed automatically revoked. Upon application, an extension of time may be granted.
14.8 Transfer of Approval Upon Change in Use
Design approval shall be deemed revoked if the buildings erected or the classification of their use or the classification of the use of land for which the approval was granted is changed. Any change must be reviewed by the Rockville Town Planning Commission, or the Rockville Zoning Administrator and approved by the Rockville Town Council. If the transfer is not approved, a new application must be filed.
14.9 Conformation to Approval
Development for which design approval has been granted shall conform to the approval and any conditions attached thereto.
14.10 Modifications
Upon request of the applicant, modifications in the approved plan may be recommended by the Rockville Town Planning Commission or the Rockville Town Zoning Administrator if it is found that the modifications will meet the requirements of this Chapter. The Town may revoke or modify a design approval which does not conform to the requirements of the approved permit.
Chapter 15. Solar Access
THE MATERIAL FROM THIS CHAPTER HAS BEEN RELOCATED TO CHAPTER 7 – SUPPLEMENTARY AND QUALIFYING REGULATIONS AND MAY BE FOUND AT 7.27.
Chapter 16: Grading/Excavation
16.1 Purpose
The standards and guidelines established in this chapter are intended to protect the public health, safety, general welfare and aesthetics of the town by regulating grading (including initial clearing and subsequent excavating or filling) on private and public lands within the Town. It establishes grading standards that are designed to:
A....................................... Regulate the development of potentially hazardous terrain;
B.................................... Conserve the visual character of grading sites and settings;
C................... Conserve the value of properties near proposed grading activities; and
D............................................ Protect the natural environment and natural drainages.
16.2 Applicability
All grading/excavating (including initial clearing, brushing or grubbing and subsequent excavating, cutting or filling) within the Town requires a grading plan and excavation permit and shall be subject to the requirements of this chapter with the following exceptions:
A......... Grading for agricultural practices only on land with less than ten percent (10%) gradient and including no more than thirty (30) cubic yards of excavation.
B......... Grading which totals less than five hundred (500) square feet of surface disturbance and/or thirty (30) cubic yards of excavation.
C........ Grading for purposes of geotechnical testing which equals less than one thousand (1,000) square feet and does not encroach on thirty percent (30%) gradient slopes.
D........ Routine clearing of vegetation debris or other improvements in natural drainages that does not alter the course, capacity, slope, base materials or dimensions of the existing drainage.
16.3 Grading/Excavation Design
Grading design should conform as closely as possible to the existing natural terrain and emphasize the natural environment over the built environment. Grading design should, to the extent feasible, avoid sharp transitions between natural and modified grades, use curves and undulating lines rather than straight lines and demonstrate sensitivity to the natural environment. To help achieve these guidelines, grading design shall preserve significant natural features, with the following preserved throughout the entire construction process whenever possible:
A............................. Rock ledges and outcroppings greater than six feet (6') in height
B......................................................... Boulders greater than ten feet (10') in diameter
C........ Native vegetation greater than six feet (6') in height. If preservation of this vegetation is not feasible, it may be removed.
16.4 Grading/Excavation Limits
The horizontal extent of grading and associated disturbance shall not exceed the following limits:
A......... Grading and any associated disturbance for the construction of a residence shall be limited to an area extending no more than the greater of either:
1. Twenty feet (20') from any point of the proposed structure, or
2. Ten feet (10') from any point of a patio, driveway, walkway, pool, deck or similar improvements.
3. There may be one single "stockpile" area on the property during construction activities measuring no more than six hundred (600) square feet. The stockpile area must be accessed either from the street or other approved grading area.
All of the above areas (1, 2 & 3) shall be marked with a Limits of Disturbance Fence (LODF) that shall remain in place during the entire construction process.
B......... The Town recommends and encourages all areas within the grading limits that are not built upon, including the stockpile area, be planted with drought tolerant and low water usage vegetation as soon as possible after the conclusion of construction.
C........ No grading or other construction disturbance shall extend beyond the lot lines of the approved construction site.
D........ In certain residential and agricultural projects requiring excavation, grading limits may be decided on a site-by-site basis. In making the determination on a site-by-site basis, the objective shall be to minimize grading as much as possible. The criteria used to determine grading limits include the following:
1. The amount of previously existing disturbance on the site
2. The nature of the proposed use
3. The amount of existing natural vegetation on the site
4. The presence of sensitive slopes on the property
16.5 Grading/Excavation With Construction
Grading must conform to the following standards during the construction process:
A......... Any natural features or areas outside of the approved grading limits that have been identified for preservation shall be clearly marked with a LODF in order to prevent accidental damage.
B......... The general contractor shall take measures to control dust generation and distribution from the site.
C........ Should mud, dirt, rocks or other debris from the construction site be transported onto adjacent streets, lanes or other properties, the general contractor shall be responsible for cleaning and clearing the roadways or properties within twenty-four (24) hours.
D........ Temporary drainage structures (such as straw bales) shall be placed onsite to control run-off during the construction phase, as required by the Building Inspector.
16.6 Cut and Fill Requirements
A......... Cut and fill slopes shall be limited to ten feet (10') in vertical distance from the toe of the slope to the top of the slope.
B......... The toe of any fill slope over four feet (4') in height shall be placed no closer to any lot line than a distance equal to the height of the fill slope. As a stabilizing and erosion control measure, the area between the lot line and the toe of the fill slope shall be re-vegetated with a desert seed mix and drought-tolerant, low water use vegetation.
C....................................................... Cut and fill slopes shall be stabilized as follows:
1. Slopes steeper than one point five (1.5)-to-one (1) and less than four feet (4') shall be stabilized with stacked rock walls or concrete. These wall materials shall match the surrounding environment in color and appearance as closely as possible.
2. Slopes steeper than one point five (1.5)-to-one (1) and four feet (4') or greater in height shall require engineered stabilization. Plans and drawings of the proposed slopes, stamped by a registered professional engineer, shall be submitted to the Planning Commission for review as part of the grading plan. The Planning Commission may approve the cut/fill slopes and stabilization plan upon determination by the Building Inspector that the following criteria have been met:
a. The proposed cut and fill slopes do not present a safety hazard;
b. The slopes are necessary to accomplish the proposed development;
c. Adequate design features have been proposed and will be developed to prevent noticeable scarring of hillsides and properties; and,
d. The materials used for stabilization match the surrounding environment in color and appearance as closely as possible.
D........ Structural fill material placed under new construction, and the compaction of same, shall conform to recommendations of the geotechnical report. Imported structural fill shall contain no rocks greater than twelve inches (12") in diameter or any detrimental organic material or refuse debris.
E............. The use of gabion baskets to stabilize any cut or fill slope is not permitted.
16.7 Re-vegetation Standards
All vegetation used to fill the re-vegetation requirements of this chapter shall be drought-tolerant and low water usage. Vegetation must be native or naturalized within the local environment and no invasive species shall be allowed. The property must be re-vegetated within two (2) years of completion of construction.
16.8 Additional Requirements
A......... No grading, road or trail building, excavating or other disturbance shall be permitted on slopes of thirty percent (30%) or greater natural grade except as specifically permitted as follows:
1. Excavation preparatory to the placement of a structure (not a road, driveway or trail) on thirty percent (30%) or greater natural grades may be permitted when all of the following requirements are met:
a. The placement of a proposed structure on thirty percent (30%) or greater natural grade will noticeably reduce the visual impact the structure has when viewed from the SR-9 Highway Corridor, as compared with a structure that could be built on the same property when avoiding areas of thirty percent (30%) or greater natural grade.
b. No fill is placed on thirty percent (30%) or greater natural grades.
c. A licensed civil engineer has reviewed the excavation plan for the thirty percent (30%) or greater natural grades and determined that the slopes surrounding the excavated area will not be structurally compromised as a result of the proposed excavation.
B......... Slopes that measure thirty percent (30%) or more on grades which are not natural grades may be modified or altered provided:
1. The modification or alteration does not encroach upon adjacent natural grades which measure thirty percent (30%) or greater, and
2. The natural grades that existed prior to the creation of the newly modified grade measured less than a thirty percent (30%) grade.
16.9 Grading/Excavation Plan
A grading/excavation plan shall be required before a permit can be issued. This grading/excavation plan shall be a part of the site analysis in all cases requiring a permit. The plan shall be drawn to scale and include the following information:
A................................................................................................... Property boundaries.
B......... Accurate predevelopment contours, shown as dotted lines, in no greater than two foot (2') contour intervals within one hundred feet (100’) of the proposed construction site.
C..................................................... Post development contours shown as solid lines.
D..................................... Grading/excavation limits in conformance with this chapter.
E.............................. Notations on all areas of thirty percent (30%) or greater grades.
F.................................................... Location, height and slope of all cut and fill slopes.
G........ Engineered plans for slope stabilization if the project contains any cut or fill slopes steeper than one point five (1.5)-to-one (1) and/or greater than four feet (4') in height.
H.................................................. Finished pad elevations for all proposed structures.
I...... Rock ledges, boulders and native vegetation within the grading limits that will be .............................................................................................................................. preserved.
J......... A note indicating that all areas that are outside of the LODF grading area are to be protected from accidental or incidental disturbance during construction.
K......... Color renderings, to scale, of any cut and/or fill slope over four feet (4') in height that will be visible from the SR-9 Highway Corridor.
16.10 Procedures for Permit
The following procedures are necessary before a grading permit may be issued:
A......... For projects that are part of a building permit, the grading plan requirements and application forms are included with the building permit process. For projects that are not part of a building permit, the applicant shall submit a grading plan and an application form (available from the Town Clerk) with the grading/excavation permit fee.
B......... Review: The Planning Commission shall review the application and grading plan for conformance with the standards of this Chapter. If the proposed grading complies with all applicable standards, the Planning Commission may approve the application.
The Building Inspector shall also review the grading plans for conformance with the International Building Code. If the proposed grading complies with all applicable standards, the Building Inspector may approve the application.
C........ Grading Fees Paid: When the project has been approved, the applicant shall pay the appropriate grading/excavation fee based on the Town's schedule.
D........ Permit Issued: After the project has been approved by the Planning Commission and the Building Inspector, and the fees paid, the Town Clerk shall issue the excavation and/or building permit requested.
E......... Permit Expiration: A grading and/or building permit expires if the work authorized by that permit is not undertaken within one hundred eighty (180) days from issuance, or if there is a cessation of permitted work for more than one hundred eighty (180) days.
16.11 Grading/Excavation Inspections
The following inspections are required:
A......... Layout Inspection: Prior to the commencement of grading, the contractor shall install a LODF to mark the grading area. The Building Inspector must inspect and approve the LODF before any grading may begin.
B......... Grading Inspection: After the completion of grading activities, the Building Inspector shall inspect all grading for conformance with the approved plan. The LODF must remain in place throughout the entire construction process.
16.12 Grading Without a Permit
It shall be unlawful for any person to engage in any grading activity other than that previously described in this Chapter without first obtaining the proper permit and approval.
A......... Failure to secure the proper permit and approval prior to beginning any grading which meets the criteria of this Chapter will result in fines commensurate with a class B misdemeanor.
B............ Grading not in compliance with an approved grading plan will result in fines ...................................................................... commensurate with a class B misdemeanor.
C........ When grading is done without a permit or out of compliance with an approved grading plan, the party responsible for the grading will be required to secure a permit or a revised approval, as appropriate, for the grading before any further grading or construction can continue on the site. This requirement is in addition to fines levied against the party pursuant to subsections A and B above.
D........ Any person illegally grading without a permit will be required to mitigate the damages and reclaim the property to its original state to the satisfaction of the Town Council, at the expense of the responsible party or the property owner.
The Town may, at its sole discretion, require the party responsible for the unlawful grading or the property owner to post a bond valued at twice the estimated cost of the property restoration. The bond will be forfeited should the property restoration not be completed in a timely manner as established by the Town Council, but no more than one hundred eighty (180) days from notice of the illegal grading.
Chapter 17: Rural Residential (RR – 1/2 Acre)
17.1 Purpose
The purpose of this Chapter is to protect residents and visitors from existing and potential natural hazards; to provide for a quiet, clean, safe community with a rural, agricultural and residential character; to implement the goals of the General Plan and to provide for the orderly, consistent and harmonious development of the Town.
17.2 Permitted Uses
A................................................................................................................... Agriculture
1. Tilling of the soil, raising of crops, horticulture and gardening for personal use.
2. Raising of animals and fowl for recreational use or family food production for the primary use of persons residing on the premises excluding the keeping or raising of dangerous animals.
3. Raising of livestock for family use and/or for sale.
B.................................................................................................. Single-family homes.
C........... Accessory buildings and uses customarily incidental to the permitted uses.
17.3 Conditional Uses
A........................................................................ Home Occupations (See Chapters 5)
17.4 Uses Prohibited
Land use not clearly identified as permitted is deemed prohibited. All use must be consistent with the General Plan and the Land Use Code.
17.5 Height Regulations and Building Size
A......... No building may exceed twenty-five feet (25’) in height excluding chimney, vents or other equipment.
B......... A building’s height will be measured from the structure’s lowest point of ground at the perimeter of the foundation contact with the existing pre-excavated level or from the finished grade, whichever is lower, to the highest point of the structure.
C........ The builder may not circumvent the twenty-five foot (25’) height requirement by adding fill to raise the apparent finished grade or by digging below the pre-excavated level.
D........... In no case shall a footprint exceed four thousand (4,000) sq. ft. per building.
17.6 Minimum Area, Width and Yard Requirements
|
District |
Area |
Width |
Yards in Feet |
||
|
Front |
Side |
Rear |
|||
|
RR – 1/2 acre |
1/2 acre |
100’ |
30’ |
15’ |
30’ |
17.7 Signs
All signs are subject to the provisions of Chapter 8 of this Code.
17.8 Modifying Regulations
A..................................................................................................................... Side Yard
...............................................................................................................................................
On corner lots, the side yard setback which faces on a street shall not be less than twenty feet (20’).
B.................................................................................................................... Rear Yard
...............................................................................................................................................
All accessory buildings shall be located at least ten feet (10’) from the main building, unless attached. An accessory building may be placed up to one foot (1’) from side yard property lines when such building is at least ten feet (10’) behind the rear of the principal dwelling or structure and complies with rear yard setbacks. Such accessory building shall not encroach upon any easement or cause easements to be inaccessible.
C................................................................................................ Livestock and Animals
...............................................................................................................................................
The raising or keeping of livestock or animals is permitted on lots which are a minimum of one-half (1/2) acre in size and subject to the following regulations:
1. All livestock or animals shall be housed in enclosed corrals, stables or other enclosures.
D.............................................................. Temporary Residences (See Chapter 7.19)
1. No temporary residence, as defined in Chapter 7.19 shall be located, placed, used or occupied for permanent residential purposes in any zone.
2. A Recreational Vehicle (RV) or other temporary dwelling that meets the criteria established in Chapter 7.19 may be occupied as a temporary residence for up to fifteen (15) cumulative days within any six (6) month period. This limitation applies to property owners as well as guests of property owners.
3. Temporary placement of a self-contained travel trailer/RV on a residential lot is permitted during the construction of a permanent dwelling for which a valid building permit has been issued. Said use shall be approved for up to six (6) months. One six (6) month extension may be requested and considered by the Planning Commission.
17.9 Other Provisions
A......... Exceptions to these regulations are provided in Chapter 7 of this Code.
B......... Only such excavation as is directly associated with and accessory to an approved use may be allowed. (See Chapter 16)
Chapter 17: Rural Residential (RR – 1/2 Acre)
17.1 Purpose
The purpose of this Chapter is to protect residents and visitors from existing and potential natural hazards; to provide for a quiet, clean, safe community with a rural, agricultural and residential character; to implement the goals of the General Plan and to provide for the orderly, consistent and harmonious development of the Town.
17.2 Permitted Uses
A................................................................................................................... Agriculture
1. Tilling of the soil, raising of crops, horticulture and gardening for personal use.
2. Raising of animals and fowl for recreational use or family food production for the primary use of persons residing on the premises excluding the keeping or raising of dangerous animals.
3. Raising of livestock for family use and/or for sale.
B.................................................................................................. Single-family homes.
C........... Accessory buildings and uses customarily incidental to the permitted uses.
17.3 Conditional Uses
A........................................................................ Home Occupations (See Chapters 5)
17.4 Uses Prohibited
Land use not clearly identified as permitted is deemed prohibited. All use must be consistent with the General Plan and the Land Use Code.
17.5 Height Regulations and Building Size
A......... No building may exceed twenty-five feet (25’) in height excluding chimney, vents or other equipment.
B......... A building’s height will be measured from the structure’s lowest point of ground at the perimeter of the foundation contact with the existing pre-excavated level or from the finished grade, whichever is lower, to the highest point of the structure.
C........ The builder may not circumvent the twenty-five foot (25’) height requirement by adding fill to raise the apparent finished grade or by digging below the pre-excavated level.
D........... In no case shall a footprint exceed four thousand (4,000) sq. ft. per building.
17.6 Minimum Area, Width and Yard Requirements
|
District |
Area |
Width |
Yards in Feet |
||
|
Front |
Side |
Rear |
|||
|
RR – 1/2 acre |
1/2 acre |
100’ |
30’ |
15’ |
30’ |
17.7 Signs
All signs are subject to the provisions of Chapter 8 of this Code.
17.8 Modifying Regulations
A..................................................................................................................... Side Yard
...............................................................................................................................................
On corner lots, the side yard setback which faces on a street shall not be less than twenty feet (20’).
B.................................................................................................................... Rear Yard
...............................................................................................................................................
All accessory buildings shall be located at least ten feet (10’) from the main building, unless attached. An accessory building may be placed up to one foot (1’) from side yard property lines when such building is at least ten feet (10’) behind the rear of the principal dwelling or structure and complies with rear yard setbacks. Such accessory building shall not encroach upon any easement or cause easements to be inaccessible.
C................................................................................................ Livestock and Animals
...............................................................................................................................................
The raising or keeping of livestock or animals is permitted on lots which are a minimum of one-half (1/2) acre in size and subject to the following regulations:
1. All livestock or animals shall be housed in enclosed corrals, stables or other enclosures.
D.............................................................. Temporary Residences (See Chapter 7.19)
1. No temporary residence, as defined in Chapter 7.19 shall be located, placed, used or occupied for permanent residential purposes in any zone.
2. A Recreational Vehicle (RV) or other temporary dwelling that meets the criteria established in Chapter 7.19 may be occupied as a temporary residence for up to fifteen (15) cumulative days within any six (6) month period. This limitation applies to property owners as well as guests of property owners.
3. Temporary placement of a self-contained travel trailer/RV on a residential lot is permitted during the construction of a permanent dwelling for which a valid building permit has been issued. Said use shall be approved for up to six (6) months. One six (6) month extension may be requested and considered by the Planning Commission.
17.9 Other Provisions
A......... Exceptions to these regulations are provided in Chapter 7 of this Code.
B......... Only such excavation as is directly associated with and accessory to an approved use may be allowed. (See Chapter 16)
Chapter 19: Rural Residential (RR-2 Acres)
19.1 Purpose
The purpose of this chapter is to protect residents and visitors from existing and potential natural hazards; to provide for a quiet, clean, safe community with a rural, agricultural and residential character; to implement the goals of the General Plan; to provide for the orderly, consistent, and harmonious development of the Town; and to provide opportunities for small farms, hobby farms and larger lots for residential use.
19.2 Permitted Uses
A................................................................................................................... Agriculture
1. Tilling of the soil, raising of crops, horticulture and gardening for personal use.
2. Raising animals and fowl for recreational use or family food production for the primary use of persons residing on the premises, excluding the keeping or raising of dangerous animals.
3. Raising of livestock for family use and/or for sale.
B.................................................................................................. Single-family homes.
C............. Accessory uses and buildings customarily incidental to the permitted use.
19.3 Conditional Uses
A............................................................ Home Occupations (See Chapters 11 and 5)
19.4 Uses Prohibited
Land use not clearly identified as permitted is deemed prohibited. All use must be consistent with the General Plan and the Land Use Code.
19.5 Height Regulations and Building Size
A......... No building may exceed twenty-five feet (25’) in height excluding chimney, vents or other equipment.
B......... A building’s height will be measured from the structures’ lowest point of ground at the perimeter of the foundation contact with the existing pre-excavated level or from the finished grade, whichever is lower, to the highest point of the structure.
C........ The builder may not circumvent the twenty-five foot (25’) height requirement by adding fill to raise the apparent finished grade or by digging below the pre-excavated level.
D........... In no case shall a footprint exceed four thousand (4,000) sq. ft. per building.
19.6 Minimum Area, Width, and Yard Requirements
|
District |
Area |
Width |
Yards in Feet |
||
|
Front |
Side |
Rear |
|||
|
RR – 2 acres |
2 acre |
100’ |
40’ |
20’ |
40’ |
19.7 Signs
All signs are subject to the provisions of Chapter 8 of this Code.
19.8 Modifying Regulations
A..................................................................................................................... Side Yard
...........
On corner lots, the side yard which faces on a street shall not be less than twenty feet (20’).
B.................................................................................................................... Rear Yard
All accessory buildings shall be located at least ten feet (10’) from the main building, unless it is attached. An accessory building may be placed up to one foot (1’) from side yard property lines when such building is at least ten feet (10’) behind the rear of the principal dwelling or structure and complies with rear yard setbacks. Such accessory buildings shall not encroach upon any easement or cause such easement to be inaccessible.
C................................................................................................ Livestock and Animals
...........
The raising or keeping of livestock or animals is permitted on lots which are a minimum of one-half (1/2) acre in size and are subject to the following regulations:
1. All livestock or animals shall be housed in enclosed corrals, stables or other enclosures.
D............................................................. Temporary Residences (See Chapter 7.19)
1. No recreational coach as herein defined shall be located, placed, used or occupied for permanent residential purposes in any zone.
2. A Recreational coach may be occupied as a temporary residence for up to fifteen (15) cumulative days within any six (6) month period. This limitation applies to property owners as well as guests of property owners.
3. Temporary placement of a recreational coach on a residential lot is permitted during the construction of a permanent dwelling for which a valid building permit has been issued. Said use shall be approved for up to six (6) months. One (1) six (6) month extension may be requested and considered by the Planning Commission.
19.9 Other Provisions
A......... Exceptions to these regulations are provided in Chapter 7 of this Code.
B......... Only such excavation as is directly associated with and accessory to an approved use may be allowed. (See Chapter 16)
Chapter 20: Public Use Zone (PUZ)
20.1 Purpose
The Public Use Zone (PUZ) is established to provide areas for the location and establishment of facilities that are maintained in public ownership.
20.2 Permitted Uses
Allowable uses in PUZ are:
A. Ambulance and Fire Protection Services
B. Cemeteries
C. Public Parking facilities
D. Postal services
E. Public parks
F. Public libraries, museums and nature exhibits
G. Public assembly facilities
H. Public services facilities and Town Offices
I. Public or quasi-public activities
J. Public parks and swimming pools
K. Public recreational facilities
L. Utilities, lines, storage tanks, pumping facilities and rights of way which provide adequate levels of utility services.
20.3 Prior Created Lots, Uses and Structures
Lots, structures and/or uses, which were in existence prior to the adoption of this chapter, shall not be denied a building permit solely for the reason of nonconformance with any existing Land Use Code requirements.
20.4 Distance Between Buildings
The distance between any buildings or structures on the same parcel of land shall not be less than ten feet (10').
20.5 Parking, Loading and Access
Each developed lot or parcel of land in the PUZ shall provide off-street parking spaces sufficient to comply with Chapter 10: Off-Street Parking Requirements of this Land Use Code.
20.6 Special Regulations
A. Natural Hazards: Construction of permanent structures shall not be permitted, erected, established or performed in such a manner as to place real or personal property and/or individuals at unreasonable risk of harm or injury from natural, geographic or topographic hazards such as landslides, rock fall, floods or excessive soil erosion.
B. Grading: To reduce the possibility of erosion and eliminate unsightly scars within the Town, all excavation, grading, cut and fill operations and siting of roads shall comply with the grading standards of this Land Use Code. Upon review of the building or excavation permit, the Planning Commission may require:
1. A landscaping or revegetation plan and schedule
2. A geotechnical report describing the stability and suitability of the parcel under consideration for development
If required, such plans and reports must be submitted and approval granted prior to the issuance of an excavation permit.
C. Utilities: All utilities, where at all feasible, shall be placed underground on the subject property.
20.7 Increase in Building Size
There may be occasions where the building size requirements of the PUZ may render construction of a particular public facility infeasible or may unduly inhibit the intended public use. Therefore, under certain circumstances, increase in building size may be allowed on a case-by-case basis.
In no case shall the footprint area of each individual building or structure erected on a parcel of land within the PUZ exceed two thousand (2,000) square feet. The Planning Commission, after public notice and hearing, shall hear any requests for such increases and make a recommendation to the Town Council. The Town Council, after public notice and hearing, shall determine if any increase is to be allowed. The requesting agent shall provide all information necessary for the Planning Commission and Town Council to determine why such an increase is needed.
Before recommending increases in building size to the Town Council, the Planning Commission shall find and before granting the increases, the Town Council shall find that:
A. The proposed use is in accordance with the provisions of the General Plan and will not be contrary to the public interest.
B. The spirit of this chapter is observed and substantial justice is done.
C. The location of the proposed use is compatible with and will not adversely effect other land uses in the general neighborhood area.
D. The site is served by streets of sufficient capacity to carry the general traffic generated by the proposed use.
E. The granting of the increase will not be detrimental to the public welfare or impose unreasonable burden upon existing transportation, utilities and service facilities in the vicinity,
F. The alterations or modifications shall result in increased benefit to the town and general public.
20.8 Other Requirements
A. Air-conditioners, heating, cooling and ventilation equipment, propane tanks and all other mechanical devices shall, if determined by the Planning Commission to be necessary to minimize visual impact, be screened from surrounding properties, streets or lanes. Such mechanical devices shall be operated in such a manner that the sounds resulting from their operation is not obtrusive or excessive.
B. All signs erected in the PUZ shall comply with provisions set forth in Chapter 8: Signs of this Land Use Code.
C. No trash, used materials, wrecked/abandoned vehicles or equipment shall be stored in open areas. All such materials shall be in appropriate containers and/or screened from public streets, public walkways and adjacent properties with an appropriate visual barrier or shall be stored within an enclosed building.
D. A decorative masonry wall, fence or landscape screen may be required along all property lines which lie adjacent to residential use. The Planning Commission shall determine if such a wall, fence or screening is appropriate and the extent thereof on a case-by-case basis.
E. All outdoor lighting shall be shielded from above in such a manner that the bottom edge of the shield shall be below the light source. All lighting sources shall be aimed or shielded so that the direct illumination shall be confined to the property boundaries of the light source. Ground mounted floodlighting or light projection above the horizontal plane is prohibited between eleven (11) P.M. and sunrise.
F. The outside storage of objects and materials shall be permitted as an accessory use, providing such storage is totally screened from public and/or view from any contiguous property.
G. Lots with frontage on SR-9 proposed to be developed shall be of an architectural style that is consistent with the simple, early pioneer character of the Town.
Chapter 21: Agricultural (A-1 Acre)
21.1 Purpose
The purpose of this Chapter is to protect residents and visitors from existing and potential natural hazards; to provide for a quiet, clean, safe community with a rural, agricultural character; to implement the goals of the General Plan; and to protect and preserve the historic Grafton Town site while promoting and preserving appropriate areas and conditions favorable to agriculture.
21.2 Permitted Uses (General)
A......... Raising of animals and fowl excluding the keeping or raising of dangerous animals.
B.................................................................. Agricultural uses, farming and gardening.
C..... Barns, corrals, pens, coops, machinery sheds and other buildings incidental to .......................................................................................................... agricultural operations.
D.......................................................... Raising of livestock for family use and/or sale.
21.3 Permitted Uses (Specific to Grafton Historic Town Site)
A......... Placement of a self-contained travel trailer/RV for an on-site steward (seasonal or year-round) for the purpose of site protection.
B..................................................................................................... Interpretive signing.
C...................................................................................... Sanitation facility (restroom).
D.......... Placement of permanent or temporary closures (gates, fences, or barriers).
21.4 Uses Prohibited
Land use not clearly identified as permitted is deemed prohibited. All use must be consistent with the General Plan and the Land Use Code.
21.5 Minimum Area, Width and Yard Requirements
Minimum area in the Agricultural Zone is forty-three thousand five hundred sixty (43,560) square feet (one acre).
21.6 Modifying Regulations
A......... Stables, corrals, barns, and chicken coops shall be located at least fifty feet (50’) from the nearest residence or public street.
B......................................................................... Height Regulations and Building Size
1. No building may exceed twenty-five feet (25’) in height.
2......... A building’s height will be measured from the structure’s lowest point of ground at the perimeter of the foundation contact with the existing pre-excavated level or from the finished grade, whichever is lower, to the highest point of the structure.
3. The builder may not circumvent the twenty-five foot (25’) height requirement by adding fill to raise the apparent finished grade or by digging below the pre-excavated level.
4. In no case shall a footprint exceed four-thousand (4,000) sq. ft. per building.
C................................................................................................ Livestock and Animals
1. The raising or keeping of livestock or animals is permitted on lots which are a minimum of one-half (1/2) acre in size.
2. All livestock or animals shall be housed in enclosed corrals, stables or other enclosures.
D.............................................................. Temporary Residences (See Chapter 7.19)
1. The placement of a self-contained travel trailer/RV within the Grafton Historic District for occupancy by an on-site steward is permitted, without time limitations, for the purpose of protection of the Grafton Historic site.
2. A Recreational Vehicle (RV) or other temporary dwelling that meets the criteria established in Chapter 7.19 may be occupied as a temporary residence for up to fifteen (15) cumulative days within any six (6)-month period. This limitation applies to property owners as well as guests of property owners.
21.7 Other Provisions
A.................. Exceptions to these regulations are provided in Chapter 7 of this Code.
B......... Only such excavation as is directly associated with and accessory to an approved use may be allowed. (See Chapter 16)
Chapter 22: Residential-Agricultural (RA-5 Acres)
22.1 Purpose
The purpose of this Chapter is to protect residents and visitors from existing and potential natural hazards; to provide for a quiet, clean, safe community with a rural, agricultural and residential character; to implement the goals of the General Plan; and to provide for dwellings on large lots in agricultural areas while maintaining conditions favorable to agriculture.
22.2 Permitted Uses
A......... Raising of animals and fowl excluding the keeping or raising of dangerous animals.
B.................................................................. Agricultural uses, farming and gardening.
C..... Barns, corrals, pens, coops, machinery sheds and other buildings incidental to .......................................................................................................... agricultural operations.
D.................................................................................................. Single-family homes.
E................. Accessory uses and buildings customarily incidental to permitted uses.
F.......................................................... Raising of livestock for family use and/or sale.
22.3 Conditional Uses
A............................................................ Home Occupations (See Chapters 5 and 11)
22.4 Uses Prohibited
Land use not clearly identified as permitted is deemed prohibited. All use must be consistent with the General Plan and the Land Use Code.
22.5 Height Regulations and Building Size
A............................................. No building may exceed twenty-five feet (25’) in height.
B......... A building’s height will be measured from the structure’s lowest point of ground at the perimeter of the foundation contact with the existing pre-excavated level or from the finished grade, whichever is lower, to the highest point of the structure.
C........ The builder may not circumvent the 25 foot (25’) height requirement by either adding fill to raise the apparent finished grade or by digging down below the pre-excavated level.
D.................................... In no case shall a footprint exceed 4,000 sq. ft. per building.
22.6 Minimum Area, Width and Yard Requirements
|
District |
Area |
Width |
Yards in Feet |
||
|
Front |
Side |
Rear |
|||
|
RA –5 acres |
5 acres |
100’ |
40’ |
20’ |
40’ |
22.7 Signs
All signs are subject to the provisions of Chapter 8 of this Code.
22.8 Modifying Regulations
A......... Side Yard: On corner lots, the side yard which faces on a street shall not be less than twenty feet (20’).
B......... Rear Yard: All accessory buildings shall be located at least ten feet (10’) from the main building, unless it is attached.
C........ Livestock and Animals: All livestock or animals shall be housed in enclosed corrals, stables or other enclosures.
D. ........................................................... Temporary Residences (See Chapter 7.19)
1. No recreational coach as herein defined shall be located, placed, used or occupied for permanent residential purposes in any zone.
2. A Recreational coach may be occupied as a temporary residence for up to fifteen (15) cumulative days within any six (6) month period. This limitation applies to property owners as well as guests of property owners.
3. Temporary placement of a recreational coach on a residential lot is permitted during the construction of a permanent dwelling for which a valid building permit has been issued. Said use shall be approved for up to six (6) months. One (1) six (6) month extension may be requested and considered by the Planning Commission.
22.9 Other Provisions
A......... Exceptions to these regulations are provided in Chapter 7 of this Code.
B......... Only such excavation as is directly associated with and accessory to an approved use may be allowed. (See Chapter 16)
Chapter 23: Open Space (OS-20 Acres)
23.1 Purpose
The purpose of this Chapter is to protect residents and visitors from existing and potential natural hazards; to provide for a quiet, clean, safe community with a rural, agricultural and residential character; to implement the goals of the General Plan; to provide for low density, rural, residential homes while protecting the use of agriculture and grazing; to protect critical view and water sheds as well as the natural scenic character of areas not suitable for development; and to minimize flooding, erosion and other environmental hazards.
23.2 Permitted Use Regulations
In the Open Space Zone (OS-20) the following uses are permitted:
A......... Livestock grazing, including buildings and enclosures customarily associated with such use.
B......... Emergency equipment routes to provide essential emergency services, such as fire control.
C........ Single family dwellings, provided the applicant can demonstrate conclusively to the Planning Commission that any hazards and/or limitations of the site can be overcome in order to prevent hazards to life, limb or property, as well as any potential adverse effects to the safety, use or stability of a public way, or to the environment.
D....................................................................... Public utilities and transmission lines.
23.3 Conditional Uses
A............................................................ Home Occupations (See Chapters 5 and 11)
23.4 Uses Prohibited
Land use not clearly identified as permitted is deemed prohibited. All use must be consistent with the General Plan and the Land Use Code.
23.5 Site Design Regulations
All site design elements are subject to review and approval by the Planning Commission.
23.6 Height Regulations and Building Size
A............................................. No building may exceed twenty-five feet (25’) in height.
B......... A building’s height will be measured from the structure’s lowest point of ground at the perimeter of the foundation contact with the existing pre-excavated level or from the finished grade, whichever is lower, to the highest point of the structure.
C........ The builder may not circumvent the twenty-five foot (25’) height requirement by adding fill to raise the apparent finished grade or by digging below the pre-excavated level.
D........ In no case shall a footprint exceed four thousand (4,000) square feet per building.
23.7 Minimum Area, Width and Yard Requirements
|
District |
Area |
Width |
Yards in Feet |
||
|
Front |
Side |
Rear |
|||
|
OS |
20 acres |
500’ |
50’ |
30’ |
50’ |
23.8 Signs
All signs are subject to the provisions of Chapter 8 of this Code.
23.9 Modifying Regulations
A..................................................................................................................... Side Yard
...........
On corner lots, the side yard setbacks which face on a street shall not be less than twenty feet (20’).
B.................................................................................................................... Rear Yard
...........
All accessory buildings shall be located at least ten feet (10’) from the main building, unless attached.
C................................................................................................ Livestock and Animals
...........
All livestock or animals shall be housed in enclosed corrals, stables or other enclosures.
D.............................................................. Temporary Residences (See Chapter 7.19)
1. No temporary residence, as defined in Chapter 7.19, shall be located, placed, used or occupied for permanent residential purposes in any zone.
2. A Recreational Vehicle (RV) or other temporary dwelling that meets the criteria established in Chapter 7.19 may be occupied as a temporary residence for up to fifteen (15) cumulative days within any six (6) month period. This limitation applies to property owners, as well as guests.
3. Temporary placement of a self-contained travel trailer/RV on a residential lot is permitted during construction of a permanent dwelling for which a valid building permit has been issued. Said use shall be approved for up to six (6) months. One (1) six (6) month extension may be requested and will be considered by the Planning Commission.
23.10 Other Provisions
A......... Exceptions to these regulations are provided in Chapter 7 of this Code.
B......... Only such excavation as is directly associated with and accessory to an approved use may be allowed. (See Chapter 16)
Chapter 24: Restricted Open Space (ROS)
24.1 Purpose
The purpose of this Chapter is to protect residents and visitors from existing and potential natural hazards; to minimize flooding, erosion and other environmental hazards; to provide access to Public Lands; to provide for a quiet, clean, safe community with a rural, agricultural and residential character; to protect critical view and water sheds as well as maintain the natural scenic character of areas not suitable for development; to manage lands within this zone in a manner which is compatible and consistent with the General Plan and with the management of adjacent public lands of Zion National Park and the Bureau of Land Management, including the Canaan Mountain Wilderness area.
24.2 Permitted Uses
A........................................................................................................ Livestock grazing
B......... Primitive recreational uses, with appropriate permits, which will not alter the natural form of the landscape.
C...................................................................................................... Fire management.
D................................................................................................. Habitat management.
E......... Rights-of-way for uses such as pipelines, telephone lines, power lines and accesses.
F......... Mineral material removal, with appropriate permits, including sand, gravel, decorative stone and landscape rocks.
G.......................................................................................... Unstaffed public buildings.
24.3 Prohibited Uses
Land use not clearly identified as permitted is deemed prohibited. All use must be consistent with the General Plan and the Land Use Code.
24.4 Provisions
A......... Factors to be considered include, but are not limited to, disturbance of natural vegetation, wildlife habitats, archaeological sites, location in relation to flood zones and drainages, steep slopes, rock fall areas, and other considerations which may have potential adverse consequences for the health, safety, and welfare of present and future ......... residents of the Town of Rockville.
B......... Camping is restricted to fourteen (14) days in any one location and must meet current Bureau of Land Management guidelines.
C.................................................................... Air and water quality must be protected.
D.... Noise nuisance, excessive traffic, erosion hazards, and visual disturbances are .............................................................................................................................. prohibited.
E......... Only such excavation as is directly associated with and accessory to an approved use may be allowed. (See Chapter 16)
F....................................... Authorized motorized vehicles restricted to existing roads.
G........ Non-motorized off-road vehicles, including bicycles, shall be restricted to existing roads and authorized trails.
H......... Land use leases and interagency agreements must be approved in accordance with the Rockville Town ordinances and General Plan.
I.......... Application for mining claims must be presented to the Bureau of Land Management for review.
Chapter 25. Sensitive Lands Overlay (SLO)
25.1 Purpose
The intent and purpose of this Code is to protect the health, safety and welfare of the general public and citizens of Rockville and to mitigate public and private losses due to conditions found in critical and sensitive areas such as steep slopes, unstable soils, flood zones, earthquake potential, potential rock falls, liquefaction, collapsible soils and other natural calamities. The overlay zone is to reflect the goals and policies of the Rockville General Plan and the information found in the Rockville Zoning Map, Rockville Sensitive Lands Overlay Map, FEMA maps, and other information regarding these critical lands.
The Sensitive Lands Overlay Map (SLO) is to include all lands within and adjacent to the Town of Rockville. Features identified on this map are considered environmentally sensitive and fragile as a result of the presence of steep slopes, expansive soils, flood hazards, debris flows, shallow ground water, erosion, mudflow, earthquake potential and liquefaction, collapsible soils, danger of rock falls, wildfire, critical view sheds or other similar natural conditions. This overlay zone is to serve to protect and conserve the Town’s culinary water supply, sensitive vegetation, and sensitive soils. Further, it encourages location, design, construction, and uses within the zone which provide maximum safety, and use and public enjoyment consistent with the area's natural limitations and the need to protect the environment.
This overlay zone establishes standards and guidelines for uses and development activities which recognize the needs for preservation of these natural environmental conditions, the need to mitigate potentially unsafe or adverse conditions arising from development activities, and protection of the rights of property owners to a reasonable use of their property.
25.2 Application and Analysis Requirements
In the Sensitive Area Overlay zone, as depicted on the Rockville Sensitive Lands Overlay Map, the following application and analysis requirements and standards shall apply. The map and this Chapter requires that the following analysis be conducted to determine the exact boundaries of the sensitive areas and does not in and of itself define the sensitive areas.
Lands in or partially in the Sensitive Lands Overlay Zone as depicted in the Land Use Map, Rockville Sensitive Lands Overlay Map, and Zoning District Map, as well as other smaller areas outside of the overlay zone as determined by the Planning Commission to possibly be sensitive, require the developer to perform the following application and environmental impact studies, consisting of an analysis of each of the elements of 25.2.1 and 25.2.2 listed below and as designated by the Planning Commission. The study shall follow all standards that shall apply in this Chapter and provide enough information to the Town to be able to reasonably designate the sensitive lands areas as well as providing adequate treatment and mitigation alternatives for dealing with the development impacts.
Sensitive areas so designated contain lands that may have development suitability concerns as contained in Chapter 12 of this code, and the conditions and impacts of the potential development must be critically evaluated as per this Chapter.
The following analysis elements must be conducted to determine the exact boundaries of the sensitive areas as well as mitigation measures necessary to eliminate or lessen the impacts of development. The studies do not in and of itself define the sensitive areas.
25.2.1 Sensitive Areas Analysis and Determination
Any applicant for any development approval must produce a sensitive areas analysis performed by qualified professionals as approved by the Town that identifies and delineates all the following features and conditions:
25.2.1.1 Slope/Topographic Map
A slope/topographic map shall be prepared and based on a certified boundary survey and depict contours at an interval of five feet (5’) or less. Additionally, the map shall highlight areas of high geologic hazard, areas subject to landsliding, and all significant steep slopes in the following categories:
A. greater than fifteen percent (15%) but less than or equal to thirty percent (30%) shall be designated Steep Slopes;
B. greater than thirty percent (30%) shall be designated Very Steep Slopes.
25.2.1.2 Ridgeline Areas and Cliff Edges
Ridgeline areas and cliff edges, as defined in Chapter 2, shall be denoted.
25.2.1.3 Vegetative Cover
Vegetative cover shall be denoted generally by type and density of vegetation, including:
1) deciduous trees,
2) coniferous trees,
3) gamble oak or high shrub, and
4) sage, grassland, and
5) agricultural crops.
The Town shall have the discretion to require a more detailed tree/ vegetation survey if the site has significant or unusual vegetation, stands of trees, or wooded areas.
25.2.1.4 Entry Corridors and Vantage Points
All Town designated entry corridors showing on the Land Use Map and/or Zoning Map, as well as the designated vantage points present within or adjacent to the site, as defined in Chapter 2.
25.2.1.5 Wetlands
Wetlands as established by using the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, dated January 26, 1989 or more recent, whichever is stricter. Although the Federal Manual may change in the future, the Town will use this referenced manual as a basis for wetlands determination.
25.2.1.6 Stream Corridors
Stream corridors as defined by their ordinary high-water mark.
25.2.1.7 Wildlife Habitats
Delineate all critical or sensitive wildlife areas and habitats as defined by the State or other studies and designate which wildlife species inhabit the area and may be affected by the different types of land uses proposed in the area.
25.2.2 Additional Information and Study Requirements
In addition to the analysis required by the preceding subsection, the Town Planning Commission or Staff may require the applicant to undertake the following studies and submit the following information and assessments to ensure that the Town has adequate information to comprehensively assess all development proposals in or containing sensitive lands. Such information and studies may include, but are not limited to:
25.2.2.1 Visual Assessment
Visual assessments of the subject property from relevant designated vantage points as directed by the Town Planning Commission or Staff, depicting conditions before and after the proposed development, including the proposed location, size, design, landscaping, and other visual features of the project to assist in analyzing the potential aesthetic impact and most advantageous location of structures and other improvements to reduce any adverse impact. The visual assessment shall be conducted using techniques as approved by the Town Planning Commission or Staff, including but not limited to sketches, models, drawings, renderings, hand-enhanced photographs, and computerized images. Selection of the appropriate technique will depend on the size of the development and the visual sensitivity of the proposed development site.
25.2.2.2 Soil Investigation Report
Soil investigation report, including but not limited to shrink-swell potential, elevation of water table, general soil classification and suitability for development, erosion potential, and hazardous material analysis.
25.2.2.3 Geo-technical Report
Geo-technical report, including but not limited to location of major geographic and geologic features, depth and types of bedrock, structural features (folds, fractures, faults, etc.), and historic and potential landslide and other high-hazard areas such as mine shafts/tunnels, quarries and known rock fall paths.
25.2.2.4 Additional Slope Information
Additional slope information. If the size of the proposed development and visual sensitivity of the site dictate, the Town Planning Commission or Staff may require the submission of a slope/topographic map depicting contours at an interval of two feet (2’).
25.2.2.5 Fire Protection Report
Fire protection report, including but not limited to identification of potential fire hazards, mitigation measures, and access for fire protection equipment, existing and proposed fire flow capability. The fire protection report shall address, as appropriate, the State Forester's Wildfire Hazards and Residential Development Identification Classification and Regulation Report and the Washington County Wildfire Plan. This report must be made with the direction/cooperation and approval of the RSFPD.
25.2.2.6 Hydrologic Report
Hydrologic report, including but not limited to information on groundwater levels, natural and agricultural irrigation and drainage channels and systems, and base elevations in floodplains.
25.2.2.7 Wetland/Stream Corridor Resource Evaluation
Wetland/stream corridor resource evaluation, including a delineation of wetland and stream corridor boundaries and a determination of resource significance pursuant to Section 25.2.4.
25.2.2.8 Agricultural Analysis
An Agricultural Analysis as per Chapter 2 may be required to determine the impacts on important agricultural areas within or adjoining the area(s). This analysis must address the effects of changing land uses on vegetation, irrigation systems, range land quality, weed control, agricultural accesses and rights-of-way and fire concerns to name a few.
25.2.3 Waiver/Modification of Analysis and Study Requirements
Based upon a preliminary assessment of the development proposal and a site field inspection, the Town Planning Commission or Staff may modify or waive any of the sensitive lands analysis requirements upon a determination that the information is sufficient at a reduced level of detail. Any such determination must be consistent with 25.1 of this Chapter.
25.2.4 Sensitive Areas Determination
The Town Planning Commission or Staff shall delineate all sensitive lands or areas on the parcel, including steep slope areas, ridgeline areas, entry corridors, and wetlands areas and stream corridors and other areas based on information submitted pursuant to this Section, including any other information and data available to or acquired by the Town, and an analysis thereof. Such delineation shall be used as the basis for all calculations of open space, density, buffers, setbacks, and density transfers permitted or required by this Chapter. The study performed by the developer may suggest areas for designation and/or various alternatives, however, the final designation shall be made by the Town.
25.2.5 Density Transfer
Whenever land within the Sensitive lands Overlay Zone is subject to more than one density transfer provision, the more restrictive provision shall apply.
25.2.6 Annexations
Whenever an annexation petition is presented to the Town, that annexation may be required to provide a Sensitive Lands Analysis according to this code and may require varying levels of detail based upon existing conditions on the site. The Sensitive Lands will be determined based upon that analysis. The analysis may lead to the designation of additional sensitive areas, significant ridgelines, wetlands areas or vantage points which may not have been previously included as a part of this Code or of the accompanying maps.
25.3 Sensitive Lands Regulations
The following provisions shall apply to all delineated sensitive lands and areas contained in the Sensitive Lands Overlay Zone, or as delineated elsewhere as provided in Section 25.2, including all other steep slopes, ridgeline areas, fields, entry corridors, wetlands, and stream or river corridors. Areas delineated as hazardous (geologic or natural hazards and high flooding potential) to development or areas where proper wildlife mitigation measures cannot be implemented to the satisfaction of the Town in the studies and analysis requirements of this Chapter, will be deemed as undevelopable. The following parts of this Section regulate development in the sensitive lands, which are located outside of the designated undevelopable areas.
25.3.1 Slope Protection Regulations
25.3.1.1 Intent
It is the intent of these regulations to protect Rockville's visual character and environmentally sensitive areas on hillsides and slopes. This shall be accomplished by minimizing the visual and environmental impacts of development through careful site planning that maintains the maximum amount of open space, protects existing vegetation, avoids sensitive natural areas, minimizes erosion, recognizes the need for water conservation and locates structures in the least visually sensitive location. These regulations shall apply to all slopes in excess of fifteen percent (15%).
25.3.1.2 Prohibitions
No development shall be allowed on or within fifty feet (50’) of slopes in excess of thirty percent (30%), lands subject to landsliding, regular flooding, soils deemed unsuitable as to safety, and other high-hazard geological areas, as determined by a geo-technical or soils report produced pursuant to Section 25.2 herein.
25.3.1.3 Graded or Filled Slopes
Cutting and filling to create additional or larger building sites shall be kept to a minimum and avoided to the maximum extent feasible. All proposed grading and filling shall be subject to review by the Town and Staff to ensure minimum visual impact and geo-technical safety. Graded or filled slopes shall be limited to a three to 1 (3 – 1) slope or less. All graded slopes shall be re-contoured and revegetated to the natural, varied contour of surrounding terrain.
25.3.1.4 Benching or Terracing
Benching or terracing to provide additional or larger building sites is prohibited.
25.3.1.5 Streets and Roads
Road construction in hillsides can be the most visually disruptive portion of a development. Development in some areas may not be appropriate if roads cannot be constructed to access it without causing significant visual impacts. Where streets and roads, public and private, are proposed to be constructed on steep slopes:
A. Streets and roads that cross slopes of thirty percent (30%) or greater shall not be allowed, with the possible exception that a short run of not more than one hundred feet (100’) across slopes greater than thirty percent (30%) may be allowed by the Town
upon a favorable recommendation by the town engineer that such streets or roads will not have significant adverse visual, environmental, or safety impacts;
B. Where streets and roads, public and private, are proposed to cross slopes greater than fifteen percent (15%), the following standards shall apply:
1) Evidence must be presented that such streets and roads will be built with minimum environmental damage and within acceptable public safety parameters.
2) Such streets and roads shall, to the maximum extent feasible, follow contour lines, preserve the natural character of the land, and be screened with trees or vegetation.
3) Cutting and filling shall be held to a minimum and retaining walls employed to help provide planting areas conducive to revegetation. Revegetation plans will be required for all areas disturbed by and during road construction.
25.3.1.6 Retaining Walls
Use of retaining walls is encouraged to reduce the steepness of man-made slopes and provide planting pockets conducive to revegetation. The use, design, and construction of all retaining walls shall be subject to the approval of the Town based upon assessment of visual impact, compatibility with surrounding terrain and vegetation, and safety considerations.
25.3.1.7 Landscaping and Revegetation
In order to mitigate adverse environmental and visual effects, slopes exposed in new development shall be landscaped or revegetated in accordance with a revegetation/landscaping plan as provided in this Code, Chapter 12 (Limits of Disturbance/Vegetation Protection) as amended, and enhanced by the requirements this Chapter. Topsoil from any disturbed portion of a steep slope shall be preserved and utilized in revegetation. Fill soil must be of a quality to support native plant growth.
25.3.1.8 Private Development Design Standards
All development on steep slopes shall comply with the any design standards currently adopted by the Town plus those standards of Section 25.5 of this Chapter.
25.3.1.9 Open Space and Density on Delineated Portions of Sites With
Steep Slopes Greater Than Fifteen Percent (15%) but Less Than
or Equal to Thirty Percent (30%)
In addition to the specific development regulations set forth above, the
following general open space, limits of disturbance, and density transfer
regulations shall apply:
A. Open Space
Seventy-five percent (75%) of the steep slope areas shall remain in natural and permanent open space as defined in the Development Code. Twenty five percent (25%) may be developed in accordance with the underlying zoning subject to the following conditions.
1) Maximum Development Density
The maximum allowable density that may be developed on the portion of the steep slope areas not set aside for open space shall be governed by the underlying zoning. PD bonuses shall not apply to development in these areas, but may be used if transferred to another site. However, the maximum allowable density shall be permitted only by approval of the Town pursuant to the visual and environmental analysis provided for in Section 25.2, and a finding that development at that density will not have a significant adverse visual or environmental affect on the community as set forth in Section 25.3.1.9(c), Suitability determination.
2) Location of Development Within Sensitive Areas
Any development permitted in steep slope areas pursuant to this Section shall be located in such a manner to reduce visual and environmental impacts to the maximum extent feasible. To determine the most appropriate location for development, the Town, Staff and/or Planning Commission shall require that the applicant conduct a visual and environmental analysis considering visual impact from key vantage points, potential for screening, location of natural drainage channels, erosion potential, vegetation protection, access, and similar site design criteria. Based upon such analysis, the Town may require any one or a combination of the following measures:
a) Clustering of development within the sensitive areas, or
b) Dispersal of development throughout the sensitive areas, or
c) Transferal of development density to non-sensitive or less sensitive portions of the site not subject to Section 25.3. (In transferring development to less sensitive portions of the site, fields must also be considered as important visual resources. A low lying field area may not always be the most appropriate location for all the development on a site to occur. Development shall be sighted to preserve the open field vistas, which are also desirable).
B. Density Transfer
Up to twenty-five percent (25%) of the densities otherwise permitted in the underlying zone attributable to the seventy-five percent (75%) open space portion of the site may be transferred to other portions of the site. The density transfer shall be subject to a suitability determination as set forth in Section 25.3.1.9(c). In addition to density transfers permitted above, up to one hundred percent (100%) of the remaining pre-existing density as set forth in Section 25.3.1.9(a) is eligible for transfer.
C. Suitability Determination
A suitability determination certifying that a development will have no significant adverse impact on adjacent properties or development may be granted by the Planning Commission at the time of planned development or subdivision review if the following conditions are satisfied:
1) The overall development density of the entire parcel (not limited to the portion of the parcel receiving the transferred densities) is compatible with that of adjacent properties or developments. The fact that individual lot sizes in the receiving areas may vary from those of adjacent properties or developments shall not solely be determinative of incompatibility.
2) The architecture, height, building materials, and other design features of the development in the receiving areas are compatible with adjacent properties or developments.
3) The applicant has agreed to adopt appropriate mitigation measures such as landscaping, screening, illumination standards, and other design features as recommended by the Town Planning Commission or Staff to buffer the adjacent properties from the receiving areas.
4) There are no adverse or unmitigated impacts on wildlife in the area.
25.3.1.10 Open Space and Density on Portions of Sites With Very Steep Slopes (in excess of thirty percent [30%])
A. One hundred percent (100%) of the very steep slope areas shall remain in open space. No vegetation on the very steep slope areas shall be disturbed.
B. Up to ten percent (10%) of the densities otherwise permitted in the zone may be transferred to other portions of the site, including delineated sensitive areas if appropriate. The density transfer shall be subject to a suitability determination by the Town as set forth in Section 25.3.1.9(c).
25.3.1.11 Planned Development Open Space Requirements
Any open space requirements contained in Chapter 12 of the Land Use Code shall continue to apply to the developed portion of a sensitive lands site developed under that Chapter.
25.3.1.12 Transfer Density Bonuses
In addition to the density transfers permitted pursuant to this Section, the Town may grant, at the PD or subdivision review, up to a maximum of twenty five percent (25%) increase in transferable densities if the applicant:
A. donates open space either in fee or a less-than-fee interest to either the Town or another unit of government or nonprofit land conservation organization approved by the Town. Such density bonus shall only be granted upon a finding by the Town that such donation will ensure the long-term protection of a significant environmentally, agricultural or visually sensitive areas; and/or
B. restores previously degraded wetlands or stream areas on the site or makes other significant environmental improvements.
25.3.2 Ridgeline Area Protection Regulations
25.3.2.1 Intent
The intent of these provisions is to protect the unique visual and environmental character of all designated ridgeline areas within the Sensitive Lands Overlay Zone and to ensure that development near ridgeline areas blends in with rather than interrupts or modifies the natural contour elevations of these landforms. Significant ridgeline areas should
be retained in a natural state, and development should be sighted in such a manner so as not to create a silhouette against the skyline, desert, or valley backdrop as viewed from the designated vantage points.
25.3.2.2 Minimum Setback
No building, roof, or other appurtenant device shall encroach upon the ridgeline areas, as defined in the Definitions, Chapter 2. Additionally, no roof or other appurtenant device, including mechanical equipment, on any building may visually intrude on the ridgeline areas from any of the designated vantage points as described herein, and determined by a visual assessment.
25.3.2.3 Open Space and Density
In addition to the specific development regulations set forth above, the following general open space, limits of disturbance, and density transfer regulations shall apply to all ridgeline areas in the Sensitive Lands Overlay Zone:
A. Vegetation and Open Space
No vegetation within the ridgeline areas shall be disturbed. One hundred percent (100%) of the ridgeline areas shall remain in open space.
B. Density Transfer
Up to twenty-five percent (25%)of the densities otherwise permitted in the zone attributable to the ridgeline areas may be transferred to portions of the site determined not to be subject to restrictive regulations contained in Section 25.3 herein. The density transfer shall be subject to a suitability determination as set forth below.
C. Suitability Determination
A suitability determination certifying that a development will have no significant adverse impact on adjacent properties or development may be granted by the Town at the time of the planned development or subdivision review if the following conditions are satisfied:
1) The overall development density of the entire parcel (not limited to the portion of the parcel receiving the transferred densities) is compatible with that of adjacent properties or developments. The fact that individual lot sizes in the receiving areas may vary from those of adjacent properties or developments shall not be solely determinative of incompatibility.
2) The architecture, height, building materials, and other design features of the development are compatible with adjacent properties or developments.
3) The applicant has agreed to adopt appropriate mitigation measures such as landscaping, screening, illumination standards, and other design features as recommended by the Town to buffer the adjacent properties from the receiving areas.
4) There are no adverse or unmitigated impacts on wildlife in the area.
25.3.2.4 Density Bonuses
In addition to the density transfers permitted pursuant to this Section, the Town may grant, at Planned Development (PD) or subdivision review, up to a maximum of twenty five percent (25%) increase in transferable densities if the applicant:
A. donates open space either in fee or a less-than-fee interest to either the Town or another unit of government or nonprofit land conservation organization approved by the Town. Such density bonus shall only be granted upon a finding by the Town that the donation will ensure the long-term protection of a significant environmentally, agriculturally or aesthetically sensitive areas; and/or
B. restores degraded environmental areas on the site or makes other significant environmental improvements.
25.3.3 Sensitive Lands Entry Corridor Protection
25.3.3.1 Intent
To protect the image of Rockville as an agricultural, desert valley community with sweeping, attractive, desert, valley vistas and open fields, it is the intent of this Section to maintain the visual character of all designated entry corridors into Rockville including open space and fields located in the entry corridor protection areas, views of hillsides and ridgeline areas, and natural areas such as streams, rivers and wetlands. This objective can be attained by eliminating or mitigating visually obtrusive development and ensuring that significant portions of open space remains intact.
25.3.3.2 Applicability to Property Within Existing Rockville Town Limits
The regulations contained in this subsection shall apply to all structures on lots adjacent to or within two-hundred and fifty feet (250’) of the nearest right-of-way of designated sensitive lands entry corridors within
the existing boundaries of Rockville and may include all highway entries into the Town and designated on the Land Use Map and the Zoning District Map.
25.3.3.3 Applicability to Future Annexed Properties
Upon submission of an annexation petition, the Planning Commission shall identify relevant sensitive lands entry corridors for designation by the Town and to the maximum extent feasible, open vistas and fields shall be maintained.
25.3.3.4 Access/Traffic
Access points and driveways connecting directly to the sensitive lands entry corridor roadways shall be minimized. Access shall be from existing Town streets that join with the corridor roadways rather than direct roadway access. Common driveways between adjoining projects shall be encouraged. Whenever direct driveway access is necessary, it shall be located in such a manner to minimize interference with through traffic on the corridor roadway.
25.3.3.5 Setbacks
A. A setback line shall be established by the Town based upon a visual assessment of the property. However, in no case shall the setback be less than one hundred feet (100’) from the nearest entry roadway right-of-way. In areas where open field vistas are considered important, the required setback may be increased significantly. The one hundred-foot (100) standard is intended to be more appropriate for properties currently within the Town limits. Upon an annexation request, the appropriate setback will be determined based upon a site-specific visual analysis.
B. Building setbacks shall vary from structure to structure within any one lot or development. Setbacks shall also vary from those on adjoining roadway-oriented property to avoid creating a walled effect. Buildings shall be located in such a manner to enhance and frame important views as determined in the visual assessment provided for in Section 25.2.
C. Agricultural or stock fences shall be permitted in the setback areas.
25.3.3.6 Parking Lots
Parking lots shall be located to the rear or sides of buildings to the maximum extent feasible.
25.3.3.7 Berms/Earthwork Screening
All earthen berms and earthwork screening shall be graded and planted in such a manner so as to permit views of primary uses on the site from the adjacent entry corridor roadway. Additionally, berm crests shall be contoured and varied in height to avoid a straight-line barrier effect.
25.3.3.8 Fencing
In addition to the requirements contained in the Development Code, all fences in the entry corridor shall be of one of the following styles:
A. Wooden rail.
B. Architecturally compatible solid wood and natural stone.
C. Wire type stock fences.
D. Various forms of steel fencing as determined by the Town, not including chain link fencing.
E. Or of a type which is compatible with the rural, agricultural and residential character of the Town.
25.3.3.9 Height Controls
No building shall exceed the following height limits. In addition, buildings may be required to be stepped back to preserve and enhance important views defined in the visual assessment as provided in Section 25.2.
A. Twenty feet(20’) if the entry corridor setback is less than two hundred feet (200’).
B. Up to the maximum height allowed by the underlying zone if the setback is two-hundred feet (200’) or greater.
25.3.3.10 Landscaping/Vegetation Protection
A landscaping plan shall be required for all entry corridor developments, and vegetation protection shall be undertaken pursuant to this Code as amended.
25.3.4 Wetlands and Stream or River Corridors
25.3.4.1 Intent
The Town finds that the wetlands and stream corridors provide important hydrologic, biological and ecological, aesthetic, recreational, and educational functions. Important functional values of wetlands and streams can be lost or significantly impaired as a result of various development activities and additional functional values of these important resources may be lost. The following requirements and standards have been developed to promote, preserve and enhance these valuable resources and to protect them from adverse effects and potentially irreversible impacts.
25.3.4.2 Jurisdiction
All significant wetlands and stream corridors in the Sensitive Lands Overlay Zone and elsewhere in the Town are regulated as provided herein and are subject to the jurisdiction of this Code.
25.3.4.3 Prohibited Activities
No person shall engage in any activity that will disturb, remove, fill, dredge, clear, destroy or alter any areas, including vegetation, ("surface disturbance") within significant wetlands and significant stream or river corridors and their respective setbacks, except as may be expressly allowed herein.
25.3.4.4 Boundary Delineations
Wetland and stream corridor delineations shall be performed by a qualified professional that has demonstrated experience necessary to conduct site analysis. The qualified professional shall be approved by the Town and shall perform the work on behalf of Rockville Town through a third-party contract where all fees, costs and expenses are borne by the applicant. Delineation of wetlands and stream corridors shall be subject to the approval of the Town.
A. Pursuant to Section 25.2.1.5, Boundary Delineation of Wetlands shall be established using the Federal Manual For Identifying and Delineating Jurisdictional Wetlands, dated January 26, 1989, and jointly published by the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers and the U.S. Soil Conservation Service. Subsequent revisions to the Federal Manual shall not be incorporated as part of the methodology unless the methodology is stricter in application. Although the Federal Manual may change in the future, the Town will use this referenced manual as the main basis for wetlands determination.
B. Stream corridors shall be delineated at the high water mark as defined herein.
25.3.4.5 Determination of Significance
A. A wetland delineated pursuant to the 1989 Federal Manual shall be found significant based upon the following criteria:
1) Size
All wetlands that occupy a surface area greater than 1/26 acre or are associated with permanent surface water are significant.
2) Location
All wetlands that are adjacent to or contiguous with a stream corridor are significant.
B. All stream corridors are significant. Stream corridors shall not include ditches, which are commonly known to be irrigation ditches and do not contribute to the preservation or enhancement of fisheries or wildlife.
25.3.4.6 Setbacks
The following setbacks are considered minimum distances:
A. Setbacks from wetlands shall extend a minimum of one hundred feet (100’) outward from the delineated wetland edge.
B. Setbacks from stream corridors shall extend a minimum of one hundred feet (100’) outward from the high water mark.
25.3.4.7 Runoff Control
All projects adjacent to wetlands will provide appropriate temporary (straw bail berms) and permanent runoff control to minimize sediment and other contaminants to the maximum extent feasible. The town engineer must approve these control systems.
25.3.4.8 Habitat Restoration Projects
The Planning Commission and/or Town Staff may approve wetland and stream restoration and enhancement projects providing that the project plan has been reviewed by a qualified professional and approved by the appropriate State and Federal agencies with jurisdiction. All habitat restoration work shall be performed under the direct supervision of a qualified professional.
25.4 Administrative Provisions
25.4.1 Development Approvals for Public Projects/Public Works/Public Utilities
All public development projects and public works that visually impact or otherwise adversely impact sensitive areas, and all public utility installations including but not limited to water and sewer projects, pipelines, electrical supply facilities and wires, roads, and trails, constructed or undertaken within the Sensitive Lands Overlay Zone shall be reviewed according to the following process and guidelines. It is the intent of this Section that the proposed public utilities projects, both private and public, make all reasonable attempts to comply with the standards and guidelines of the Sensitive Lands regulations. The primary emphasis shall be on reasonable and practical reclamation and revegetation of areas disturbed by major public works and utility projects. In some situations, it may be necessary to encroach upon certain environmentally sensitive areas in order to maintain a desirable level of public service and safety. In those cases, an evaluation of alternatives and possible mitigation shall be required prior to such projects being submitted.
25.4.1.1 Consultation
A. Public Utilities Projects
The project sponsor shall notify the Town of the proposed project. A project plan delineating the location, alignment, scope, and schedule of the undertaking shall be submitted with such notification. If the Town determines that the project may have significant visual and environmental impacts, a consultation meeting shall be scheduled. No development shall occur until after the consultation meeting and compliance with the steps outlined in the following subsections, unless the Town has determined that no significant visual or environmental impact will result from the proposed project.
B. Public Works and Other Public Projects
The department director or designee shall notify the Town of all proposed projects which may have significant visual and environmental impacts and a consultation meeting shall be scheduled. No development shall occur until after the consultation meeting and compliance with the steps outlined in the following subsections.
Minor projects which are determined by the Town to have no potential for significant visual or environmental impacts shall be exempt from the process outlined in Sections 25.4.1.2 through 25.4.1.6.
25.4.1.2 Mitigation
The Town may require review of the proposed project and after the consultation meeting may request the project sponsor to prepare an environmental impact statement and/or mitigation plan that modifies the project to mitigate the environmental and visual impact of the project. To the maximum extent feasible, the project sponsor shall design the public works to preserve the natural character of the sensitive areas and locate it in areas not visible from major public rights-of-way or public property such as parks.
25.4.1.3 Adoption of Recommendations
The project sponsor shall, before undertaking the project, to the maximum extent feasible, adopt the modifications and mitigation measures
recommended by the Zoning Administrator and/or staff or state in writing why adoption of such measures is not feasible before the project shall proceed.
25.4.1.4 Wetlands and Stream Corridors
All public utilities and public works, constructed or undertaken within significant wetlands and significant stream corridors and their respective setbacks, including but not limited to water and sewer projects, pipelines, electrical supply facilities and wires, roads, and trails, shall be governed pursuant to the procedures set forth in Section 25.4.1. They may be exempted from the requirements of Section 25.3.4 providing that: (a) no practical alternative location exists outside the significant wetland and significant stream corridor and their respective setbacks; and (b) the project meets the technical guidelines defined below:
A. Disturbed areas within the setbacks shall be revegetated using native species common to the native vegetation community.
B. Maintenance access shall be provided at specific access points rather than parallel access roads. To the extent that access roads must be located within a corridor, the roads shall be kept to a minimum width. Parallel access roads shall be sighted contiguous to the utility corridor to minimize disturbance and shall be sighted on the outside edge of the utility corridor away from the resource.
C. Surface materials used for trail construction and other access routes shall be approved by the Town.
25.4.1.5 Emergency Repairs
In the event of an emergency that requires immediate action to protect the health and safety of the general public, such action may go forward without the immediate consent of the Town. The Town Planning Commission or Staff shall be notified immediately and shall be consulted at the earliest stage reasonably possible in the construction/repair phase.
25.4.1.6 Maintenance
Maintenance projects shall proceed only after notification of and approval by the Town. If the Town, due to the size or nature of the maintenance activity, determines that it may have a significant adverse impact on the sensitive areas, the project shall proceed through the review procedures set forth in Sections 25.4.1.1 through 25.4.1.5.
25.4.2 Substantial Compliance
Disputes over the application of the Sensitive Lands Overlay Zone provisions, whenever there are practical difficulties over the application of the provisions or
whenever the aims of this Code can be better achieved through alternatives to strict compliance, the Town may make specific modifications to strict compliance with the Sensitive Lands Overlay Zone ordinance provisions.
25.5 Design Standards
All development within the Sensitive Lands Overlay Zone shall comply with the following design standards which supplement, and supersede in the case of a conflict, any design standards in effect and adopted by the Town.
25.5.1 Building Color and Material
Exterior building colors and materials, to include roofing, shall generally be of low reflectivity and be compatible with the surrounding environment and historic structures in the area. Acceptable colors are muted earth tones and colors which blend with the naturally occurring colors in the local rock, soil, and natural vegetation in order to maintain a distinct local character and to establish visual harmony within the area.
25.5.2 Windows and Other Glass
Glass areas shall be reviewed to avoid highly reflective surfaces. Mirrored glazing is prohibited on any building, except that solar absorption glazing is an acceptable material.
25.5.3 Parking
Subdivision lots and streets shall be designed so that wherever possible parking is located behind buildings on the uphill lots. Uses other than single-family residences shall break up parking areas into smaller lots that should be located in linear strips running parallel to the slope contours. The perimeter of parking areas shall be screened with vegetation, fencing, or other architectural or natural elements.
25.5.4 Rooftop Mechanical Equipment
All rooftop mechanical equipment, including HVAC equipment and similar appurtenances, must be screened so as not to be visible from nearby properties.
25.5.5 Height Controls
Upon review of any subdivision or PD within the Sensitive Lands Overlay Zone, an analysis of appropriate building heights will be conducted. Based upon the visual analysis, building heights may be reduced for all or part of a proposed development.
25.5.6 Dwelling Size
Maximum single-family dwelling size shall be evaluated at the time of project approval taking into consideration visual impact and community character.
Dwelling size may be restricted in consideration of visual impacts, community character, or other concerns.
25.5.7 Underground Utilities
All utility lines in steep slope developments shall be underground, except that the Town may allow above ground utilities if burying would result in severe damage to significant vegetation or sensitive environmental areas.
25.6 Tree and Vegetation Protection Regulations
25.6.1 Additional Regulations
The following provisions and mitigation measures are hereby adopted as enhancements to existing limits of disturbance regulations contained in this code and must be adequately studied. These regulations will apply to new and existing platted subdivisions in the Sensitive Lands Overlay Zone, including the following criteria to be used in establishing limits of disturbance.
A. Visual impacts of the development, including but not limited to screening from adjacent properties, ridgeline areas protection, and protection of critical viewsheds as defined in the Sensitive Lands Regulations, Section 25.2 herein.
B. Erosion prevention and control, including but not limited to protection of natural drainage channels.
C. Fire prevention and safety, including but not limited to location of trees and vegetation near structures.
D. Irrigation and water conservation.
E. Wildlife habitat, including but not limited to preservation of critical wildlife habitat and migration routes.
F. Stream and wetland protection and buffering.
25.6.2 Tree/Vegetation Removal
No trees or vegetation within the Sensitive Lands Overlay Zone may be removed without Town approval.
25.6.3 Irrigation Limits
The amount of irrigated area shall be minimized depending on the amount of existing natural vegetation on the site prior to construction and type of irrigation system(s) proposed to be used.
25.6.4 Revegetation Plan
All applicants for developments on land subject to Sensitive Lands regulations involving cut and fill and graded slopes shall submit a revegetation and landscaping plan for approval by the Planning Commission. The plan shall depict the type, size, and location of any vegetation and trees being planted and illustrate how the site will be re-contoured in such a fashion and with sufficient topsoil to ensure that revegetation is feasible. The plan shall also indicate a time frame for revegetation, which is acceptable to the Town. Retaining walls shall be used to provide breaks in manmade steep slopes exceeding fifteen (15) percent and to provide planting pockets.
25.6.5 Violation/Replacement Provision
Any applicant who violates the provisions of this subsection by removing trees or vegetation or exceeding the prescribed limit of disturbance shall replace two (2) for one (1) in number all trees/vegetation illegally removed. Size of trees planted in replacement of illegally removed trees must be approved by the Town.
25.7 Economic Hardship Relief Provisions
25.7.1 Hardship Relief Petition
Any applicant for development, after a final decision on its development
application is taken by the Town, may file a hardship relief petition with the Town
seeking relief from the overlay zone regulations on the basis that the denial of
the application has created a substantial economic hardship, depriving
the applicant of reasonable use of its property.
25.7.2 Affected Property Interest
The hardship relief petition must provide information sufficient for the Town to determine that the petitioner possesses a protectable interest in property under Article I, Section 22 of the Constitution of Utah and the Fifth Amendment to the United States Constitution.
25.7.3 Economic Hardship Standard
For purposes of this Code, a substantial economic hardship shall be defined as
denial of reasonable use of the property. Upon a finding that the denial of the
application has resulted in a denial of reasonable use of the property, the Town
may provide the petitioner with relief from the overlay zone regulations.
25.7.4 Time for Filing Notice of Petition and Petition
No later than ten (10) calendar days from final action by the Town on any
development application, the applicant shall file a Notice of Petition in writing
with the Town Clerk. Within thirty (30) days of filing of a Notice of Petition, the
applicant shall file a Hardship Relief Petition with the Town Clerk.
25.7.5 Information to be Submitted with Hardship Relief Petition
A. The hardship relief petition must be submitted, and must be accompanied at a minimum, by the following information:
1) Name of petitioner.
2) Name and business address of current owner(s) of the property, form of ownership (whether sole proprietorship, for-profit or not-for-profit corporation, partnership, joint venture or other), and if owned by a corporation, partnership, or joint venture, name and address of principal shareholders or partners.
3) Price paid and other terms of sale of the property, the date of purchase, and the name of the party from whom purchased, including the relationship, if any, between the petitioner and the party from whom the property was acquired.
4) Nature of the protectable interest claimed to be affected, such as, but not limited to, fee simple ownership, leasehold interest.
5) Terms (including sale price) of the most recent purchase or sale of a full or partial interest in the property prior to the date of application.
6) The most recent appraisal(s) of the property prepared for any purpose, including financing, offering for sale, or ad valorem taxation, prior to the date of application.
7) The assessed value of and ad valorem taxes on the property for the previous three (3) years.
8) 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.
9) All listings of the property for sale or rent, price asked and offers received, if any, within the previous three (3) years.
10) All studies commissioned by the petitioner or agents of the petitioner concerning feasibility of development or utilization of the property.
11) For income producing property, itemized income and expense statements from the property.
12) Information from a title policy or other source showing all recorded liens or encumbrances affecting the property.
B. The Zoning Administrator or the appointed hearing officer may request additional information reasonable necessary, in their opinion, to arrive at a conclusion concerning whether there has been a denial of all reasonable use constituting a substantial economic hardship.
25.7.6 Failure to Submit Information
The petitioner shall file with the petition a statement of the information that cannot be obtained and shall describe the reasons why such information is unavailable.
26.7.7 Preliminary Determination of Substantial Economic Hardship
Prior to the appointment of a hearing officer, and based on a review of documents submitted by the applicant, the Town shall make a determination whether the applicant has made a prima facie case that the subject property has suffered a denial of all reasonable use that amounts to a substantial economic hardship. If a determination is made that a prima facie case has been established, then the Town shall recommend whether the hearing shall be formal or informal under the Utah Administrative Procedures Act. Such determination shall be made within thirty (30) days of the filing of a hardship relief petition and submission of all information required by the Town necessary to make such determination. Upon such showing, the Town may appoint a hearing officer, elect either formal or informal administrative proceedings, and proceed with a review of the hardship petition. If the Town finds that the applicant has not made a prima facie case of economic hardship as defined above, the petition for hardship relief shall be denied and no hearing officer shall be appointed.
25.7.8 Appointment of Hearing Officer
The Town shall, within thirty (30) days following a preliminary determination of
hardship, appoint a hearing officer to review information submitted by the
petitioner, and hold a hearing to determine whether there is an affected property
interest and whether a substantial economic hardship has been created as a
result of the final action on the application.
25.7.9 Qualifications of the Hearing Officer
Every appointed hearing officer shall have demonstrated experience in either
development, real estate finance, real estate analysis, real estate consulting, real
estate appraisal, planning, real estate or zoning law, or in other real estate
estate related disciplines sufficient to allow understanding, analysis and
application of the economic hardship standard. Prior to appointment, the hearing
officer shall submit a statement of no potential or actual conflict of interest.
25.7.10 Notice of the Public Hearing
Within ten (10) days following appointment of the hearing officer, written notice shall be published and posted in accordance with Chapter 1 of the Development Code. The hearing shall be held within thirty (30) days following the final date of written notice, unless a reasonable extension of time is agreed to by both the Zoning Administrator and the petitioner.
25.7.11 Rules for Conduct for the Hearing
The hearing shall be conducted according to the rules of the Utah Administrative Procedures Act.
25.7.12 Application of the Economic Hardship Standard
In applying the economic hardship standard in Section 25.4.3.3 above, the hearing officer shall consider, among other items, the following information or evidence:
A. Any estimates from contractors, architects, real estate analysts, qualified developers, or other competent and qualified real estate professionals concerning the feasibility, or lack of feasibility, of construction or development on the property as of the date of the application, and in the reasonably near future;
B. Any evidence or testimony of the market value of the property both considering and disregarding the sensitive area overlay zone designation; and
C. Any evidence or testimony concerning the value or benefit to the petitioner from the availability of opportunities to transfer density or cluster development on other remaining contiguous property owned by the petitioner eligible for such transfer as provided herein.
25.7.13 Burden of Proof
The petitioner shall have the burden of providing that the denial of the
application creates a substantial economic hardship under the standard
provided in Section 25.7.3.
25.7.14 Findings of the Hearing Officer
The hearing officer shall, on the basis of the evidence and testimony presented,
make the following specific findings as part of its report and recommendations to
the Town:
A. Whether the petitioner has complied with the requirements for presenting the information to be submitted with a hardship relief petition;
B. Whether the petitioner has a protectable interest in property;
C. The market value of the property considering the sensitive area overlay zone designation;
D. The market value of the property disregarding the sensitive area overlay zone designation;
E. The market value of, or benefit accruing from opportunities to transfer density or cluster development on other remaining contiguous property owned by the petitioner eligible for such transfer as provided herein;
F. Whether it was feasible to undertake construction on or development of the property as of the date of the application, or in the reasonably near future thereafter;
G. Whether, in the opinion of the hearing officer, the denial of the application would create a substantial economic hardship as defined in Section 3.4.3.
25.7.15 Report and Recommendation of the Hearing Officer
A. The hearing officer, based upon the evidence and findings, shall make a recommendation to the Town Council concerning the hardship relief petition.
B. If the hearing officer recommends that the Town approve the hardship relief petition, then the report of the hearing officer shall discuss the type and extent of incentives necessary, in the opinion of the hearing officer, to provide an appropriate increase in market value or other benefit or return to the petitioner sufficient to offset the substantial economic hardship. The types of incentives that the hearing officer may consider include, but are not limited to, the following:
1) An increase in the opportunity to transfer density or cluster development on other property owned by the applicant outside the sensitive area overlay zone;
2) A waiver of permit fees;
3) Approval of development on some portion of the property within the sensitive lands protection district; and
4) Acquisition of all or portion of the property at market value.
C. The report and recommendation shall be submitted to the Town and mailed to the petitioner within thirty (30) days following conclusion of the public hearing.
25.7.16 Town Review and Consideration
The Town shall review the report and recommendations of the hearing officer and approve or disapprove the hardship relief petition within sixty (60) days following receipt of the hearing officer’s report. The Town shall hold a public hearing and provide notice as provided in the Land Use Code. Only new testimony and evidence shall be presented at any public hearing held by the Town. The Town may adopt any incentive reasonably necessary to offset any substantial economic hardship as defined in Section 25.4.3.3. and may condition such incentives upon approval of specific development plans.
25.7.17 Time Limits/Transferal of Incentives
Any incentives adopted by the Town Council pursuant to this Section may be transferred and utilized by successive owners of the property or parties in interest, but in no case shall the incentives be valid after the expiration date of the development approval.
LAND USE MATRIX - APPLICATION OF SENSITIVE LANDS PROVISIONS
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Building Design Standards |
Limits of Disturbance and Vegetation Protection Standards |
Site Planning Standards |
Density Limitations |
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Annexations |
Used as a basis for negotiation |
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Projects within City limits, but not master planned |
Yes |
Yes |
Yes |
Yes |
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Projects within approved PDs |
Yes |
Yes |
Yes |
Where changes in concept are proposed |
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Building permits within subdivisions on visually sensitive hillsides |
Yes |
Yes |
No |
No |