Chapter 7. Supplementary and Qualifying Regulations
7.1 Effect of Chapter
The regulations hereinafter set forth in this Chapter qualify or supplement, as the case may be, the zone regulations appearing elsewhere in this Code.
7.2 Substandard Lots at Time of Code Passage
Any lot legally held in separate ownership at the time of passage of this Code, which lot is below the requirements for lot area or lot width for the district in which it is located may be used for a single-family dwelling if such lot is located in a district which permits single-family dwellings. The width of each of the side yards for such a dwelling may be reduced to a width which is not less than the same percentage of the lot width as the required side yard would be of the required lot width, provided that in no case shall the smaller of the two (2) side yards be less than five feet (5’) or the total width of the two (2) side yards be less than thirteen feet (13’).
7.3 Lot Standards
Except as provided in this Code, every lot, existing or intended to be created, shall have such area, width, and depth as is required by this Code for the district in which such lot 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, said lot shall also 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 is a potable water source developed within the Town of Rockville. This excludes any supply from outside water sources. The source must originate within the Town.
A. 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.
7.4 Every Dwelling to be on a Lot
Every dwelling structure shall be located and maintained on a separate lot having no less than the minimum area, width, depth, and frontage required by this Code for the district in which the dwelling structure is located with the following exceptions: group dwellings, cluster dwellings, condominiums, and other multi-structure dwelling complexes under single ownership and/or management, which are permitted by this Code and have approval from the Town, may occupy one (1) lot for each such multi-structure complex.
7.5 Yard Space for One Building Only
No required yard or other open space around an existing building or which is hereafter provided around any building for the purpose of complying with the provisions of this Code shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected or established.
7.6 Private Garage Requirements
On any interior lot where a private garage, containing a sufficient number of parking spaces to meet the requirements of this Code, has a side yard equal to the minimum side yard required for a dwelling in the same district, the width of the other side yard for the dwelling may be reduced to equal that of the minimum required side yard, or as provided in the zone.
7.7 Sale or Lease of Required Space
No space needed to meet the width, yard, area, coverage, parking or other requirements of this Code for a lot or building may be sold or leased away from such lot or building.
7.8 Sale of Lots Below Minimum Space Requirements
No parcel of land which has less than the minimum width and area requirements for the district in which it is located may be cut off from a larger parcel of land for the purpose, whether immediate or future, of building or development as a lot.
7.9 Yard Obstruction Requirements
Every part of a required yard shall be open to the sky, unobstructed except for accessory buildings in a rear yard, the ordinary projections of skylights, sills, belt courses, cornices, chimneys, flues, and other ornamental features which project into a yard not more than two and one-half feet (2 ½’), and open or lattice-enclosed fire escapes, fireproof outside stairways projecting into a yard not more than five feet (5’).
7.10 Area of Accessory Buildings
No accessory building or group of accessory buildings in any residential district shall cover more than twenty-five percent (25%) of the yard.
7.11 Additional Height Allowed
Public and quasi-public utility buildings, when authorized in a district, may be erected to a height greater than the district height limit by conditional use permit.
7.12 Exceptions to Height Limitations
All height exceptions are subject to conditional use permit. No space above the height limit shall be allowed for purposes of providing additional floor space. Section 7.13 shall be strictly observed.
7.13 Scenic Vista Requirements
All height exceptions (subject to conditional use permit) shall in no way inhibit or obstruct a scenic vista of surrounding neighbors. All conditional use applications made to the Rockville Town Planning Commission shall include the notification of potentially affected neighbors within five hundred (500) feet. A fee will be charged for this notification which will be conducted by the Town.
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 one-family, two-family, or multi-family dwelling shall be erected to a height greater than allowed by ordinance.
7.16 Clear View of Intersecting Street
In all districts which require a front yard, no obstruction to view in excess of two feet (2’) feet in height shall be placed on any corner lot within a triangular area formed by the street property lines and a line connecting them at points forty feet (40’) feet from the intersection of the street lines, except a reasonable number of trees pruned high enough to permit unobstructed vision to automobile drivers, and pedestal-type identification signs.
7.17 Maximum Height of Fences and Walls
A. Fences and walls may be erected or allowed to the permitted building height when located within the buildable area, provided that any physical structure over six feet (6’) in height shall require a building permit.
B. Any retaining work/wall over 2’ (two feet) above ground requires a building permit.
C. Site obscuring fences and walls shall not exceed four feet (4’) in height within any required front yard or side street side yard.
D. Site obscuring fences and walls, to include shrubbery, shall not exceed four feet (4') in height nor be placed within the Utah Department of Transportation recommended distance from a street or sidewalk.
E. Site obscuring fences and walls shall not exceed six feet (6’) in height within any required rear yard or interior side yards.
F. Where a fence or wall is located along a property line separating two (2) lots and there is a difference in the grade of the properties on the two (2) sides of the property line, the fence or wall may be erected or allowed to the maximum height permitted on either side of the property line.
G. Fencing and walls eight feet (8’) in height, including protective gates, are recommended around swimming pools, jacuzzis, and similar structures.
7.18 Utilities and Fire Hydrant Requirements
All residential or commercial buildings or uses shall 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. All proposed residential or commercial building or use within the Town of Rockville shall be connected to an approved individual septic system or sanitary sewer system and be supplied with fire hydrants per the Uniform Fire Code, or by a fire suppression system per the Uniform Fire Code for those areas not serviced by the Rockville Pipeline Company.
7.19 Curb, Gutter, and Sidewalk
The installation of curb, gutter, and sidewalk of a type approved by the Rockville Town Council 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 as a condition of building or use permit approval.
7.20 Drainage & Grading
A grading and drainage plan shall be submitted to the Planning Commission with the building permit application.
7.21 Right to Farm Provisions
Since Rockville places a high value on the protection and preservation of agricultural land uses, the Town has adopted the following right to farm provisions of this Code:
All subdivisions and master planned developments that; (a) border an agricultural area, or; (b) will contain an agricultural open space or preserves, shall be required to provide an analysis to be reviewed and implemented as part of the conditional use permit process, master planned development review process or subdivision process. This analysis shall be used to determine the impact(s) on associated farming and/or livestock operations affected by the development, and implement remediation and protection designs in the development to alleviate conflicts with the affected agricultural operations.
The developer is responsible for the performance of the analysis with input and review by the Town. The Planning Commission and developer shall use the following review guidelines in determining the impact on farming operations of the development, and will apply appropriate conditions during the approval process to insure that the farm or ranch affected is assured a right to farm without undue burden of residential or commercial growth and 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.
The following factors shall be used as guidelines or issues in the preparation and review of the agricultural impact analysis. Impact solutions may be developed as permit conditions, restrictive covenants, or agreements:
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, barbwire) 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 of the subdivision and designs to minimize the discharge or impact on agricultural lands and soils.
J. Noxious weeds, pests and pet (dog) controls in the subdivision.
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 subdivision 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.
7.22 Special Event
The following regulations are provided to accommodate those uses of land or buildings which are temporary in nature and are not, therefore, listed as regular permitted or conditional uses in any zone of the Town. The character of these uses shall be consistent with the General Plan and be such that proper conditions are required 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.
A. The following special events are allowed subject to the issuance of a special event permit and the regulations established herein:
1) Non-profit Fund-raising Activities
Any and all offerings of products and services conducted as fund-raising activities by a recognized non-profit organization subject to the following limitations:
a) On the basis of renewal and at the Town’s discretion, one event of up to seven (7) consecutive days in duration per quarter if 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, street fairs, arts and crafts fairs and other organized events, subject to the following limitations:
a) Only one (1) event may be sponsored by the same individual, business or organization per quarter.
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
An application for a special event permit shall be filed with the Town at least forty-five (45) days in advance of the event opening, and shall contain the following required information, as applicable:
1) Name of the applicant and organizational affiliations.
2) Statement of ownership, or letter of authorization from the owner(s), of property on which the use is proposed to be located.
3) Cover letter describing the project or event.
4) Indication of existing zoning of site and contiguous sites.
5) Narrative description of contiguous uses.
6) Site plan, drawn to scale, showing proposed locations and uses of all temporary structures.
7) Date(s) of the event or activity.
8) Date that the event, activity, or use shall cease.
C. Standards
Prior to the issuance of a special event permit, the Town or its designee shall find that:
1) the use is temporary;
2) the use or event will not create a nuisance, hazard or interfere with neighboring properties and enjoyment thereof;
3) the location will not create a traffic hazard or parking problem in the rights-of-way and that parking is available on-site or at satellite locations. Traffic control, if necessary, shall be provided at the expense of the applicant, unless the event is deemed of significant interest to the Town, in which case traffic control may be provided by appropriate Town or County officials;
4) all associated signs conform to Chapter 8, Signs, and will be temporary;
5) all litter and debris will be contained and disposed of properly;
6) landscape and natural vegetation areas will not be injured or trampled and the liability for replacement of any damage which may occur shall be assumed by the applicant;
7) adequate on-site sanitary facilities are available or provided by the applicant;
8) the applicant shall have sufficient liability insurance for the requested use or event;
9) applicant shall have UDOT approval if the event or activity utilizes the SR-9 right-of-way;
10) applicant shall have proper Southwest Utah Health Department approval where applicable.
7.22.1 Special Event Permit
Upon approval of the Planning Commission, the applicant will be granted a special event permit. The permit shall include a temporary business license, building permit and sign permit either individually or in combination. This does not eliminate necessary State permits, licenses or tax accountability, nor does it supercede 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.
7.22.2 Fees
Upon application, the Town may assess fees to cover the cost of necessary services, property, and/or equipment or user fees. Unless waived pursuant to provisions herein, all fees due the Town as a result of a special event must be paid prior to commencement of the event. This Section further empowers the Town to require the applicant to post a bond in an amount not to exceed one thousand dollars ($1,000.00) 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.
7.22.3 Fee Waivers
It is recognized that some events would be significantly harmed if assessments were levied. Events which are charitable or not-for-profit may be considered for fee waivers. A recommendation in conjunction with the application approval process for a fee waiver based on one or more of the following criteria:
A. Events without corporate sponsorship and which do not charge admission may receive a partial or full fee waiver.
B. Charitable events having no corporate sponsorship and which charge two dollars ($2) or less admission, upon request for waiver and presentation of documents noting tax free status and intended donor, may have all fees waived until such time as the status of the event changes.
C. Charitable events having corporate sponsorship, which charge admission, or sell tickets or any combination thereof, may receive a full, partial, or no fee waiver based upon request and presentation of a full event budget.
7.22.4 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 organizer(s) of any special event shall assume full liability 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.
7.22.5 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 further indemnify the Town from liability occurring at the event.
7.22.6 Criminal Penalty
Any person who willfully violates 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.
7.23 Beautification
Buildings, uses, and lots shall be maintained in such a manner as to enhance community pride and beautification. No junk, rubbish, weeds, or other unsightly material or conditions (including cars in an inoperable condition for more than three [3] months) shall be permitted on any lot, right-of-way, or easement or as a part of any building or use.