The intent of this chapter is to accumulate under one heading regulations which apply to two (2) or more zones, rather than to repeat them several times. (Ord. 2010-04, 8-10-2010)

Only one building which contains a dwelling shall be located and maintained on a "zoning lot", as defined in section 10-2-1 of this title, except for dwellings within a planned unit development, manufactured home park or other large scale development as provided for in this title. (Ord. 2010-04, 8-10-2010)

No space needed to meet the width, yard area, coverage, parking or other requirements of this title for a lot or building may be sold or leased apart from such lot or building unless other space so complying is provided. (Ord. 2010-04, 8-10-2010)

No required yard or other open space around an existing building, or which is hereafter provided around any building, which is needed to comply with the provisions of this title shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered as providing the yard or open space on the lot whereon a building is to be erected or established. (Ord. 2010-04, 8-10-2010)

   A.   Accessory Dwelling Units:

      1.   Definition: An accessory dwelling unit (ADU) is an independent habitable living unit, with a kitchen, bath facilities, and its own entryway, which is: (1) within or attached to an owner-occupied single family residential dwelling, or (2) within a separate detached accessory structure, or above a detached garage, on a single-family lot. This does not include motor homes, fifth-wheels, travel trailers, campers, or other housing units on wheels.

      2.   Accessory Dwelling Unit Standards:

         a.   Number of Accessory Dwelling Units. A maximum of one accessory dwelling unit is allowed on a residential lot, whether it is in an owner-occupied single-family dwelling, or in a detached accessory structure.

         b.   Occupancy and Owner Occupation. The owner(s) of the residence (or immediate family) shall live either in the primary unit or in the ADU.

            (1)   An accessory dwelling unit shall not be sold separately or subdivided from the primary dwelling.

         c.   Code Compliance. The accessory dwelling units shall conform to all applicable standards in the International Fire Code and International Residential Code.

            (1)   All ADUs must meet minimum building code requirements.

         d.   Location and Type. Accessory dwelling units may be allowed within or attached to the main single-family residential dwelling (basement or addition), over the garage (attached or detached), or in a detached accessory structure.

            (1)   ADU-Basement. An accessory dwelling unit in a basement shall comply with Utah Code 10-9a-530 for Internal accessory dwelling units.

            (2)   ADU-Attached. Accessory dwelling units attached to the primary dwelling as an addition shall meet the minimum setback standards required for the primary dwelling. Attached ADUs must have a separate entrance.

            (3)   ADU-Detached.

               i.   Size.

                  (a)   Entire ADU size cannot exceed the minimum primary resident ground floor area of the zoning district.

                  (b)   The maximum height of a detached ADU shall not exceed the applicable zoning height requirements.

               ii.   Setbacks.

                  (a)   Setbacks shall comply with the applicable zone requirements.

               (b)   Residential homes in Commercial zones shall comply with R3 setback requirements.

      5.   Utilities. Detached accessory dwelling units may have separate utility meters.

      6.   Parking. Parking shall comply with Green River City ordinance 10-12-13.

      7.   Address. The principal dwelling and the accessory dwelling unit shall have the same address number but shall refer to the accessory dwelling unit as unit "B". The address must be in a visible location on the street frontage side of the home.

   B.   Residential Rental License.

      1.   Definitions:

         a.   "Nightly rental," also called "short-term rental," means:

            (1)   The use, occupancy, rent, or lease, for direct or indirect compensation, of a structure or any portion thereof, constructed for single household or multihousehold occupancy, or of any other residential property, or residential property within a commercial building, less than thirty (30) consecutive days.

            (2)   The commercial use, by any person, of residential property, or residential property within a commercial building, for hostel, hotel, inn, lodging, motel, resort, or other transient lodging uses, where the term of occupancy, possession, or tenancy of the property is less than thirty (30) consecutive days.

      2.   Licenses.

         a.   No person shall operate or engage in any nightly rental activity within the City of Green River without first obtaining and maintaining a valid nightly rental license.

         b.   An individual owner who owns multiple nightly rental properties must obtain a separate license for each nightly rental property. A nightly rental license fee will be assessed on each property location. All applicable City sales tax for each location must be reported and remitted to the Utah State Tax Commission as per current state regulations and requirements.

         c.   If an owner of a nightly rental is using a D.B.A, that D.B.A. must be registered with the Utah Department of Commerce.

         d.   The owner shall be the licensee, but the property manager or local representative, if applicable, shall be deemed the responsible party for the purposes of operating standards and management standards.

      3.   Application.

         a.   The applicant must show that the facility meets minimum performance standards as specified below in "General Operating Standards."

         b.   An inspection by the Building Inspector and Fire Inspector shall be required prior to issuance of a license and as often as necessary for the enforcement of this chapter. The applicant is responsible for all fees.

         c.   If the owner is not a permanent resident of Green River, a local property manager shall be listed on the application for the purpose of promptly dealing with complaints, violations, or any other safety and nuisance issues.

      4.   Renewal. The license for nightly rental property shall be renewed annually on or before July 1.

      5.   Grounds for Denial. An application for a nightly rental license may be denied for failure to fulfill any of the application requirements.

      6.   Appeal of Denial. Shall be the same as outlined in Green River City Code 3-1-6.

      7.   Application Transfer.

         a.   No license issued under this chapter may be assigned or transferred to any person or entity not named therein; nor shall any license be assigned or transferred to another nightly rental property, whether owned by the named licensee or by another person or business entity.

         b.   Upon the sale, conveyance, or transfer of a nightly rental property, the new owner or the transferee shall, within ten (10) business days of completion of the conveyance or sale, apply for a new nightly rental license if he/she continues to operate a nightly rental on the premises.

      8.   License Revocation. A nightly rental license may be revoked for a violation of any of the operating standards or management standards set forth below, and where there is impact on adjacent properties and neighborhoods.

      9.   Penalties.

         a.   Any owner of any dwelling, in any zone within Green River City who allows or permits occupation of said dwelling as a short term rental, as defined herein, without first having first obtained a business license in accordance with the provisions of this section shall be guilty of a Class B misdemeanor, which shall be punishable by a fine of up to one thousand dollars ($1,000.00) and imprisonment for up to six (6) months, or any combination thereof for each violation.

         b.   Any owner of any dwelling, who, having first obtained a business license for use or occupation of said dwelling as a short term rental, thereafter, operates or permits operation of said short term rental in violation of the terms and provisions of this section shall be guilty of an Infraction, and shall be punished by a fine of not less than to seven hundred and fifty dollars ($750.00) for each such violation.

         c.   Any person who occupies a short term rental as a guest and who violates any local ordinance or state law shall be subject to arrest, issuance of a citation, or other criminal process in accordance with all state, federal or local statutes, rules or ordinances.

         d.   Violation of any provision of this section regulating short term rentals shall constitute a separate offense for each day said violation occurs or continues.

         e.   In the event of three (3) or more violations of this section committed by an owner or guest, or any combination of the two, within any 12 month period, the City Council may, depending on the nature or extent of the violations, proceed with revocation of the business license for any short term rental property in accordance with the provisions of the general business license ordinance.

      10.   General Operating Standards. Nightly rentals may be allowed where the applicant can show evidence of compliance with the standards and procedures outlined below:

         a.   The nightly rental must meet all applicable building, health, and fire codes for the intended use.

         b.   A maximum stay at a nightly rental by an individual or particular group shall not exceed thirty (29) consecutive days.

         c.   Each sleeping room must meet current International Residential Code for egress and be equipped with smoke and CO ( carbon monoxide) detectors.

         d.   All nightly rental owners or property managers must collect and pay the applicable taxes and pay the City business license fee.

         e.   Water, sewer, and garbage fees for nightly rentals will be calculated at the commercial rate.

         f.   The owner or property manager shall respond to complaints and concerns within one hour of any phone call or other notification. Failure of the owner or property manager to respond in a timely manner may result in a violation and possible revocation of the nightly rental license.

         g.   The Licensee and/or property owner will be responsible to provide contact information of the responsible individual to all property owners/residents within 300 ft. radius of the nightly rental property so they will be able to make direct contact with the responsible individual in the case of a complaint, violation, or any other safety or nuisance issues.

      11.   Parking Requirements. The owner of any property licensed as a nightly rental shall provide off street parking for guests in accordance with the following:

         a.   Off-street parking shall be provided on the same lot as the dwelling which is licensed as a nightly rental. Shall be the same as outlined in Green River City Code 10-12-13.

      12.   Prevention of Noise, Nuisance, or Trespass. The owner of any dwelling licensed as a nightly rental shall be responsible to ensure that guests or occupants do not:

         a.   Create noise that be reason of time, nature, intensity, or duration are out of character with noises customarily heard in the surrounding residential neighborhood.

         b.   Interfere with the privacy of surrounding residents or trespass onto surrounding residential properties.

         c.   Allow pets or animals to create noise, roam the off the property, or trespass on neighboring properties.

      13.   Required Posting. The following information must be posted in a clear, concise, and unambiguous manner inside any dwelling licenses as a nightly rental.

         a.   A copy of the nightly rental license.

         b.   The name and phone number of the owner and/or property manager.

         c.   The location of all fire extinguishers.

         d.   A list of all rules applicable for nightly rentals.

         e.   The maximum occupancy of the nightly rental. (Ord. 2010-04, 8-10-2010; amd. Ord. 2022-04, 11-8-2022)

Buildings and churches may be erected to any height, provided the building is in accord with current firefighting capabilities, and is set back from required building setback lines a distance of at least one foot (1') for each additional foot of building height above the maximum height otherwise permitted in the zone in which the building is located. (Ord. 2010-04, 8-10-2010)

   A.   No fence, wall or hedge shall be constructed higher than three feet (3') above the ground in any required front or side yard that fronts on a street, except in compliance with one or more of the following conditions:

      1.   The fence is not sight obscuring, such as chainlink or similar type material, and does not exceed four feet (4') in height.

      2.   The fence, wall or hedge is enclosing a side yard and/or back yard, and is located forty feet (40') from the street easement line, and does not exceed six feet (6') in height.

      3.   On side and back yards, where a fence, wall or hedge is constructed parallel to a road on a corner lot, the fence shall be set back five feet (5') from the back of the curb or side street.

   B.   Fences, walls or hedges that front on a corner lot must maintain a sight triangle minimum depth of at least six feet (6') and within said six feet (6'):

      1.   Obscuring fences, walls and hedges will not exceed three feet (3') in height.

      2.   Nonobscuring fences, walls and hedges will not exceed four feet (4') in height.

   C.   Fences, walls and hedges that are located behind front setbacks and that are in excess of six feet (6') shall be engineered and require a building permit.

   D.   Where a fence, wall or hedge 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, wall or hedge may be erected or allowed to the maximum height permitted on either side of the property line.

   E.   There shall be no fence, wall or hedge within three feet (3') of any fire hydrant. (Ord. 2010-04, 8-10-2010)

Architectural features shall meet the following setback requirements:

   A.   Cornices, eave overhangs, bay windows, chimneys, solar collectors, planting boxes, cantilevered decks and similar architectural features may extend into any required front or rear yards not exceeding five feet (5'), and into any required side yard not exceeding two feet (2').

   B.   Unenclosed porches, landings, stairways or fire escapes not covered by a roof may extend into any required front or rear yards not exceeding five feet (5'), and into any required side yard to within three feet (3') of the property line. Street corner side yard setbacks shall be the same as subsection A of this section.

   C.   Decks, patios, sidewalks, driveways, and similar architectural features less than eight inches (8") above grade shall not be regulated as to setbacks. (Ord. 2010-04, 8-10-2010)

Surface water from rooftops, lots or irrigation ditches shall not be allowed to drain onto adjacent lots or streets. (Ord. 2010-04, 8-10-2010)

Whenever a front or side yard is required for a building, which building abuts on a proposed street which has not been designated by the planning commission as a future street, the depth of such front or side yard shall be measured from such proposed street line. (Ord. 2010-04, 8-10-2010)

Concessions, including, but not limited to, amusement devices, recreational buildings and refreshment stands, shall be permitted on a public park or playground when approved by city council. (Ord. 2010-04, 8-10-2010)

Where domestic sewage disposal facilities are used which are not connected to a public sewer, approval of such facilities shall be obtained from the health department before a building permit shall be issued therefor. (Ord. 2010-04, 8-10-2010)

   A.   Off street loading and unloading space shall be provided on the same lot for every building used for manufacturing, storage, warehousing, goods display, department stores, granary, hotel, hospital, mortuary, laundry, dry cleaning or other use similarly involving the receipt or distribution by vehicle of materials or merchandise. Such space, unless otherwise adequately provided, shall include a minimum of ten feet by twenty five feet (10' x 25'), with a minimum of fourteen feet (14') height clearance loading space for every ten thousand (10,000) square feet of floor space in the building, or fraction thereof.

   B.   Not less than two (2) off street parking spaces shall be provided on the same lot for any single-family dwelling, plus one space for each additional dwelling unit. All off street parking spaces shall be graded and graveled.

   C.   The planning commission may approve substitute parking locations and may reduce the amount of off street parking required where sufficient off street parking is not readily available within the vicinity, and/or where acquisition of land for such use is unnecessary in order to carry out the spirit of this title.

   D.   All required off street parking spaces shall be a minimum of nine feet by eighteen feet (9' x 18').

   E.   Off street parking for nonresidential uses shall be required as follows:

 

   F.   Parking for educational uses shall be required as follows:

 

 

   G.   Parking for veterinary hospitals shall be five (5) spaces for each doctor.

   H.   Parking for manufacturing plants, warehouses, storage buildings for structures especially for storage purposes shall be one space for each two thousand (2,000) square feet of gross floor area and one space for each two hundred fifty (250) square feet of office or sales area.

   I.   Parking for service-commercial businesses such as electrical shops, plumbing shops, contractor's storage yards, cabinet shops and other similar businesses of a service-commercial nature shall be one space for each four hundred (400) square feet of gross floor area.

   J.   All other parking uses shall be considered conditional uses. (Ord. 2010-04, 8-10-2010)

Access to all lots and parcels of land having frontage on a public street shall be controlled as follows:

   A.   Access shall be not more than two (2) driveways from any one street unless it can be shown that additional driveways will promote traffic safety.

   B.   Driveways shall be not closer to each other than twenty feet (20') on any one lot.

   C.   Each driveway shall be not more than thirty six feet (36') in width in any commercial or industrial zone measured at right angles to centerline of driveway. In residential zones, the driveways shall not be more than twenty four feet (24') in width, except when approved for large scale development.

   D.   On corner lots, no driveway shall be closer than twenty five feet (25') to the point of intersection of the front property line with the side property line which abuts upon a street.

   E.   Where there is no existing curb, gutter or sidewalk, all access points shall be defined. (Ord. 2010-04, 8-10-2010)

   A.   Definition: An accessory dwelling unit (ADU) is an independent habitable living unit, with a kitchen, bath facilities, and its own entryway, which is: (1) within or attached to an owner-occupied single family residential dwelling, or (2) within a separate detached accessory structure, or above a detached garage, on a single-family lot. This does not include motor homes, fifth-wheels, travel trailers, campers, or other housing units on wheels.

   B.   Accessory Dwelling Unit Standards:

      1.   Number of Accessory Dwelling Units. A maximum of one accessory dwelling unit is allowed on a residential lot, whether it is in an owner-occupied single-family dwelling, or in a detached accessory structure.

      2.   Occupancy and Owner Occupation. The owner(s) of the residence (or immediate family) shall live either in the primary unit or in the ADU.

         a.   An accessory dwelling unit shall not be sold separately or subdivided from the primary dwelling.

      3.   Code Compliance. The accessory dwelling units shall conform to all applicable standards in the International Fire Code and International Residential Code.

         a.   All ADUs must meet minimum building code requirements.

      4.   Location and Type. Accessory dwelling units may be allowed within or attached to the main single-family residential dwelling (basement or addition), over the garage (attached or detached), or in a detached accessory structure.

         a.   ADU-Basement. An accessory dwelling unit in a basement shall comply with Utah Code 10-9a-530 for Internal accessory dwelling units.

         b.   ADU-Attached. Accessory dwelling units attached to the primary dwelling as an addition shall meet the minimum setback standards required for the primary dwelling. Attached ADUs must have a separate entrance.

         c.   ADU-Detached.

         (1)   Size.

            i.   Entire ADU size cannot exceed the minimum primary resident ground floor area of the zoning district.

            ii.   The maximum height of a detached ADU shall not exceed the applicable zoning height requirements.

         (2)   Setbacks.

            i.   Setbacks shall comply with the applicable zone requirements.

            ii.   Residential homes in Commercial zones shall comply with R3 setback requirements.

   C.   Utilities. Detached accessory dwelling units may have separate utility meters.

   D.   Parking. Parking shall comply with Green River City ordinance 10-12-13.

   E.   Address. The principal dwelling and the accessory dwelling unit shall have the same address number but shall refer to the accessory dwelling unit as unit "B". The address must be in a visible location on the street frontage side of the home. (Ord. 2010-04, 8-10-2010; amd. Ord. 2022-04, 11-8-2022)

Any use which emits or discharges liquids, gases, fumes, dust, glare, noise or other pollutants into the atmosphere in amounts which exceed the standards as prescribed by the Utah air quality board or the Utah state board of health, and any use which emits or discharges liquids or solid material onto the soil or water in amounts which result in pollutants entering groundwater in amounts exceeding the standards prescribed by the Utah water quality board or the Utah state board of health, shall be prohibited. (Ord. 2010-04, 8-10-2010)

   A.   Vacation Vehicles: It shall be unlawful to place any vacation vehicle on any lot or parcel of land in the area covered by the zoning map and to use the same for human habitation, except when located in a vacation vehicle park.

   B.   Manufactured Homes: It shall be unlawful to place a manufactured home on any lot or parcel of land in an area covered by the zoning map and to use the same for human habitation, except in compliance with one or more of the following conditions:

      1.   When placed in a licensed manufactured home park.

      2.   When placed on a zoning lot that complies with the regulations of the zone in which the manufactured home is located.

      3.   When temporarily located on a lot on which a residence is being constructed, a mobile or manufactured home may be located on a lot when it is connected to approved water and sewer facilities, provided the mobile or manufactured home and the lot on which it is placed is under the same ownership. The period of habitation of such mobile or manufactured home shall not exceed one year. (Ord. 2010-04, 8-10-2010)

For the keeping of farm animals within residential zones of the city, the following requirements are provided:

   A.   No farm animals shall be kept on any lot smaller than thirty thousand (30,000) square feet.

      1.   Small animals of one animal unit, similar, but not limited to, chickens and rabbits, may be kept on lots of seven thousand five hundred (7,500) square feet or larger.

   B.   The number of farm animals kept on any lot or parcel in the residential zones, except for small animals as defined in subsection A of this section, shall not exceed one farm "animal unit", as defined herein, for each ten thousand (10,000) square feet of lot or parcel size.

   C.   No farm animals shall be kept on any lot or parcel where less than twenty thousand (20,000) square feet of the lot or parcel is used as livestock management, nor shall fractional animal units be permitted for horses, mules, donkeys, bovine cows, llamas or alpacas.

      1.   Livestock Management Areas: Shall include all portions of the lot or parcel used as sheds, barns, coops, corrals, pastures, stables, gardens, or cultivated grounds, where animal waste can be spread, but shall not include any area of the lot or parcel devoted to dwellings, sidewalks, driveways or lawns.

      2.   Pasture Requirements: Lots or parcels where farm animals are kept must be maintained with at least seventy five percent (75%) pastured area. Pasture will not be required for fowl, except ratite fowl.

      3.   Pasture Defined: An area of a lot or parcel which is used intermittently for animals to browse, but which is not used for long term continual confinement. Pasture area shall be maintained such that the ground surface remains predominantly vegetated at all times.

   D.   One "animal unit" shall be any one of the following:

      1.   One each of cow, horse, mule, donkey, bovine cow.

      2.   Two (2) each of llama or alpaca.

      3.   Four (4) each of adult sheep, goats, ratite fowl.

      4.   Eight (8) each of feeder lambs.

      5.   Twelve (12) each of any other fowl than ratite, and rabbits together with the suckling offspring thereof.

      6.   No pigs or porcine shall be kept in any zone within the city limits. Any farm animal not specifically permitted is prohibited.

   E.   Structures shall be provided and maintained for all animals. Such structures shall be enclosed (fully or partially), roofed and shall comply with all other setbacks and yard requirements for the zone.

   F.   The following additional requirements shall apply to the location of all pens, corrals, barns, stables, coops, and other structures for the confinement and keeping of farm animals:

      1.   All such structures and buildings shall be located a minimum fifty feet (50') from all dwellings located on surrounding lots or parcels.

      2.   All feed storage shall be set back the same as accessory buildings in the underlying zone.

      3.   Any structure or enclosure for the confinement of farm animals within the city limits must be cleaned and maintained so as not to become a health hazard or nuisance.

   G.   Every lot or parcel used for the keeping of farm animals must have a year round water supply. (Ord. 2010-04, 8-10-2010)

   A.   Purpose. To provide standards for the review and approval of flag lots as an alternative when conventional zoning standards prevent the effective utilization of property.

   B.   Definition. Lots that have less than the minimum required frontage on a public or private street, have access to a public or private street by a narrow strip of land, and the largest portion of the lot is situated behind adjoining lots which front on a public or private street.

   C.   Standards:

      1.   The flag lot is located in an R-1, R-3 or A-1 zone.

      2.   The applicant provides written and illustrated evidence showing property development with and without the proposed flag lot which demonstrates:

         a.   The flag lot will result in more efficient use of land;

         b.   The design of the flag lot is appropriate to and compatible with the configuration of the overall adjacent property;

         c.   No other viable designing alternatives exist that will allow for a conventional lot including consideration of:

            (1)   The current, proposed, or alternative zoning;

            (2)   The possibility of incorporating the subject property with adjacent property to achieve a more unified development of the area and eliminate the need for a flag lot;

            (3)   Alternative street designs and improvements; and

            (4)   Any other reasonable means that would render a flag lot unnecessary;

         d.   The flag lot is infill to the development of the general area; and

         e.   Access to the flag lot is provided through the pole portion of the lot.

      3.   Each flag lot meets the following minimum design standards:

         a.   The lot has at least twenty (20') feet of frontage on a dedicated public street which frontage serves as access only to the subject lot. Easements across adjoining properties may be used to provide the required access width. Narrower existing easements may be considered administratively;

         b.   The flag pole and easement portion of the lot is at least twenty (20') feet wide and not more than two hundred (200') feet long;

         c.   The flag portion or body of the lot meets the lot area, and width requirements of the applicable zone. The applicant must demonstrate that on-site turnaround, on-site guest parking and increased yards needed to address unusual lot configurations can be met, lot sizes may be required to be increased up to 20% over the minimum lot size;

         d.   The minimum square footage of the flag portion or body of the lot is the same as required in the applicable zone;

         e.   Front, rear, and side setback requirements of the flag portion or body of the lot is the same as required in the applicable zone;

         f.   All accessory buildings located on the flag pole portion of the lot is the same as required in the applicable zone;

         g.   Each flag lot has a hard surfaced, gravel, or road base driveway at least twelve (12') feet wide from the street to the required parking area. When the flag pole portions of two (2) flag lots are side by side, a common curb cut and a driveway at least twenty (20') feet wide shall be required from the street to the required parking area.

         h.   Fire department standards shall be observed in the provision of access, turnarounds, clearance, road grades, distance to the fire hydrants, etc.

         i.   An address must be clearly posted on the public street.

         j.   Flag lots that are subdivided shall meet all of Title 11, Subdivision regulations.

   D.    Below is an example of a flag lot and is included herein to illustrate the concept of a flag lot.