Chapter 16.  Zoning Districts

 

 

16.1    Establishment of Zoning Districts

 

For the purposes of this Code, the territory of the Town of Rockville to which this Code applies is divided into zoning districts as follows:

 

A.        Rural Residential (RR-1/2 acre)

 

B.        Rural Residential (RR-1 acre)

 

C.       Rural Residential (RR-2 acres)

 

D.       Residential Agricultural (RA-5 acres)     

 

E.        Agricultural (A-1 acre)

 

F.        Open Space (OS-20 acres)

 

G.       Restricted Open Space (ROS)

 

16.2    Rules for Locating Boundaries

 

Where uncertainty exists as to the boundaries of districts as shown on the Rockville Town Zoning Map, the following shall apply:

 

A.        Boundaries indicated as approximately following the centerline of streets, highways, or alleys shall be construed as to follow such centerline, and in the event of change in the centerline, shall be construed as moving with the centerline.

 

B.        Boundaries indicated as approximately following the right-of-way lines of streets, highways, or alleys shall be construed as to follow such right-of-way lines, and in the event of a change in the right-of-way line shall be construed as moving with the right-of-way line.

 

C.       Boundaries indicated as approximately following platted lot lines shall be construed to follow such lot lines.

 

D.       Boundaries indicated as parallel to or extensions of features indicated in subsections A through C above shall be so construed.  Distances not specifically indicated on the official map shall be determined by the scale of the map.

 

E.        In case any further uncertainty exists, the Rockville Town Board of Adjustment shall determine the location of such boundaries.

 

F.        Boundaries of each of the said zones are hereby established as described herein or as shown on the map entitled Rockville Town Zoning Map, which map is on file with the Rockville Town Clerk, and all boundaries shown thereon are made by this reference as much a part of this Code as if fully described and detailed herein.

16.3    Supplementary Regulations to All Zones

 

16.3.1      The Establishment of Temporary Residences Prohibited

 

For the purposes of this Chapter, temporary residences defined as recreational vehicles, travel trailers, pickup campers, motor coach homes, converted trucks or buses, tents, tepees, lean-to's, or any other natural or manmade shelter used for the establishment of a temporary or permanent residence are prohibited within the Town with the following exceptions:

 

A.        Recreational vehicles and tents may be occupied as a temporary residence for up to fifteen (15) cumulative days within any six-month period.  This limitation applies to property owners as well as guests.  Extensions or variations require a Conditional Use Permit.

 

B.        All temporary residences are subject to the Town’s parking and other applicable ordinance stipulations.

 

C.       All temporary residences shall have sanitary facilities and means for the handling and 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 of Rockville.

 

E.        Placement of a recreational vehicle without time limitations is permitted within the Grafton Historic District, without a Conditional Use Permit, for occupancy by an on-site volunteer steward for the purpose of site protection.

 

16.3.2      Conditional Uses

 

A.        A Conditional Use Permit may be permitted for a trailer, coach or mobile home as a temporary residence of the property owner when a valid residential building permit is in force.  The permit may be granted for up to one hundred and eighty (180) days, or upon expiration of the building permit, whichever first occurs.  Upon application, one (1) extension up to one hundred and eighty (180) days may be granted.

 

B.        Emergency public health and safety needs.

 

C.       Similar uses which in the opinion of the Planning Commission are compatible with A and B above.

 

D.       The Planning Commission may approve or conditionally approve a Conditional Use Permit Application only when all the following findings are made:

 

1)        The proposed use complies with all of the applicable provisions of this Land Use Code.

 

2)        The proposed use will not impair the integrity and character of the land use district in which it is to be located.

 

3)        There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety.

 

4)        There will be adequate provisions for public access to serve the subject proposal.

 

E.        Revocation          

 

A Conditional Use Permit granted for the establishment of a temporary residence may be revoked or modified by the Town if any one of the following findings can be made:

 

1)        Circumstances have changed so that one (1) or more of the findings of fact contained in Section 16.3.2 can no longer be made.

 

2)        The Conditional Use Permit was obtained by misrepresentation or fraud.

 

3)        One (1) or more of the conditions of the Conditional Use Permit have not been met.

 

16.3.3            Produce Sales

 

Approximately 90-95% of the land area within Rockville’s town boundaries is devoted to agricultural uses and open space and one of the specific community goals of our General Plan is to encourage agricultural uses and to preserve prime agricultural land for agricultural use.

 

Agricultural enterprises such as produce stands for the exclusive sale of locally grown seasonal crops, plants, or other agricultural produce under specified guidelines is acceptable and encouraged.

 

Traditionally, local produce offered for sale within the Town has been displayed on small tables, wagons and pushcarts.  Other sales stands have been the bed of a pickup truck and produce has been sold directly from the fields.  These methods are acceptable and do not require specific guidelines.

 

Constructed stands, however, must satisfy the following guidelines:

                       

A.        Produce stands shall not be larger than 120 sq. ft. in area nor higher than 10’ (ten feet) 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 the produce stand shall be in harmony with the residential character of Rockville.

 

D.       The produce stand must not obstruct the clear view of intersecting streets, nor in itself, be an obstruction to traffic.

 

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 such channels.

 

G.       Produce stands must not interfere with emergency vehicle ingress or egress.

 

H.        No flammable liquids, gasses or explosives will be stored in produce stands.

 

I.           Produce stands may not be used as storage facilities at any time except for items specifically associated with the sales of produce.

 

J.         Produce stand locations must not present any significant negative effects upon environmental quality and natural resources or encroach upon any public street or right-of-way.

 

16.4    Excavation

 

Recognizing the potential public safety and aesthetic problems associated with improper excavation, and that the Town’s protection of public health, safety, and welfare requires regulations creating standards for excavation:

 

A.        The removal, relocation, or replacement of more than ten (10) cubic yards of soil or rock material will require an excavation plan in order to obtain an excavation permit from the Town.  Excavation for footings for permitted construction on slopes of less than ten percent (10%) is exempted.  If the excavation is ancillary to construction of a building or buildings on slopes exceeding ten percent (10%), the excavation permit may be obtained with the building permit, providing the construction drawings include an excavation plan.

 

1)        The excavation plan must clearly indicate the limits of the permitted area and the actual excavation area must be clearly marked, prior to commencement of excavation, by poles or flagging that are clearly visible.  The poles and flagging must extend a minimum of six feet (6’) above the surrounding ground.  Such poles/flagging will be maintained for the duration of the excavation/grading operations.

 

B.        Any excavation on slopes exceeding a twenty percent (20%) gradient will require an excavation permit.

 

C.       A permit will be required for any excavation into the Chinle, Shinarump, or Moenave formations, or other known unstable soil conditions, or excavation into the colluvium that armours the slopes underlain by such formations.

 

D.       A permit will be required for any excavation that alters natural or man-made drainage systems.

 

E.        A permit will be required for any excavation leaving scarps higher than four feet (4’) or for retaining structures higher than four feet (4’).

 

F.        All road cuts traversing slopes with a gradient exceeding ten percent (10%) will require an excavation permit.

 

A permit may be granted by the Town following an on-site investigation by no less than two (2) Town officials, at least one of whom shall be a member of the Planning Commission. When, in the judgement of the building inspector, and/or the Planning Commission, the proposed excavation requires engineering or geo-technical evaluation, such studies shall be required before excavation may proceed.  Upon certification by a licensed engineer that any perceived problem can be made safe, and provided that requirements of the engineer’s design are agreed to be incorporated, a permit will be issued.  All work shall conform to the Uniform Building Code, Appendix Chapter 33, as adopted by the Town of Rockville.

 

A permit fee, based on the current fee schedule, shall be paid with the application, if not done in conjunction with a building permit.  The applicant shall pay all costs of engineering and studies.

 

It is a class C misdemeanor for any landowner and a class B misdemeanor for any person who receives payment or anything of value to begin any excavation covered by this Code without first obtaining the required permit.

 

16.5    Uses Prohibited

 

If any land use is not clearly identified as permitted, prohibited, or allowable under a Conditional Use Permit, then it will be deemed prohibited.  Any use must be consistent with the General Plan.  Anyone may apply for a use.  (Examples of prohibited uses listed below.)

 

A.        Amusement arcades, theme parks or water parks.

 

B.        Automobile-dependent businesses with drive-up windows.

 

C.       Bowling alleys or skating rinks.

 

D.       Circuses or carnivals.

 

E.        Dairy farms.

 

F.        Drive-in theaters.

 

G.       Feed lots.

 

H.        Golf courses, mini golf courses and driving ranges.

 

I.           Half-way houses.

 

J.         Hog farms.

 

K.        Industrial and manufacturing uses.

 

L.         Junkyards.

 

M.       Landing strips, or airports for aircraft, and/or heliports.

 

N.        Mining quarries or gravel pits.

 

O.       Packing plants.

 

P.        Prisons and jails.

 

Q.       Recreational vehicle parks and/or campgrounds.

 

R.       Residential Facilities for Troubled Youth.

 

S.        Shooting clubs or ranges.          

 

T.        Shopping malls.

 

U.        Storage establishments.

 

V.        Wholesale stores.

 

16.6     Enforcement

 

The Town of Rockville's Zoning Administrator, Code Enforcement Officer, or Building Inspector shall be responsible for enforcement of the conditions and standards imposed by this Land Use Code Section.  Any structure or use which is established, operated, erected, moved, altered,

enlarged, or maintained contrary to the provisions of this Land Use Code Section, is hereby declared unlawful and a public nuisance, for which the Town shall commence appropriate legal action or proceedings for the abatement, removal, or the enjoining thereof, in the manner prescribed by law.

 

16.7    Annexations

 

All annexed property will come into Rockville zoned open space, pending future changes recommended by the Rockville Town Planning Commission and approved by the Rockville Town Council.