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Monticello City Zoning Code

CHAPTER 6

R-1 RESIDENTIAL ZONE

10-6-1: REGULATIONS:

The use, location, height and size of buildings and structures, the use of land and size of lots, yards, courts and other open spaces and the density of population are regulated as hereinafter set forth. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. 2024-02, 2-27-2024)

10-6-2: INTENT:

The R-1 residential zone has been established for the purpose of providing a place where single family detached dwellings can be constructed, having attractively landscaped yards and a favorable environment for family life. Uses such as multiple-family dwellings, apartment houses and commercial and industrial uses are not permitted in this zone. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. 2024-02, 2-27-2024)

10-6-3: PERMITTED USES:

   A.   The following buildings, structures and uses of land shall be permitted upon compliance with requirements set forth in this title:
      Accessory buildings.
      Childcare.
      Churches, not including temporary revival tents or buildings.
      Daycare, Nursery, Preschool.
      Foster homes.
      Growing of fruit and gardens for household use.
      Household pets.
      Public agency parks and playgrounds.
      Public, private and parochial schools and grounds.
      Single-family dwellings of conventional construction and manufactured homes.
      Small homes of conventional construction and manufactured homes.
      Utility lines.
      Walls and hedges.
   B.   The following uses are permitted when in compliance with the specified sections of Title 10, Zoning Regulations:
      Accessory signs conforming to section 10-2-6.
      Fences in conformance with section 10-2-14.
      Keeping of chickens as allowed in section 10-2-12.
      Long-term rental of dwelling units subject to the provisions of section 10-2-17.
      Solar electricity systems conforming to section 10-2-16.
      Temporary uses are subject to the provisions of section 10-2-10.
   C.   The following uses are permitted as conditional uses (see section 10-2-8).
      Home occupations.
      Machinery sheds used for storage of equipment used in connection with agricultural activities performed on the premises.
      Growing of field crops, garden produce, and fruit for sale or trade.
      Rest homes, nursing homes, convalescent homes, assisted living homes. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. 2024-02, 2-27-2024)

10-6-4: AREA AND FRONTAGE REQUIREMENTS:

Area and frontage requirements shall be as follows:
 
Main Use
Minimum Lot
or Parcel Area
Minimum Frontage
(at setback line)
Single family dwelling
5,445 square feet
60 feet
Small home
3,000 square feet
40 feet
Churches
1 acre
125 feet
Other uses
1 acre
80 feet
 
(Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. 2024-02, 2-27-2024)

10-6-5: LOCATION REQUIREMENTS:

   A.   Front Setback:
      1.   All dwellings and other structures shall be set back according to the special conditions noted below:
         a.   Where the legal property line of the residential lot or parcel is located at the back of street curb or back of pavement and there is no curb, the front setback shall be twenty feet (20') from the front lot or parcel line.
         b.   Where the legal property line of the residential lot or parcel is located within the street pavement or gravel area, the front setback shall be forty feet (40') from the front lot or parcel line.
         c.   Where the legal property line of the residential lot or parcel is located more than ten feet (10') from the street pavement or gravel area, the front setback shall be ten feet (10') from the front lot or parcel line.
         d.   Where the legal property line of the residential lot or parcel line is angular to the roadway and there is less than ten feet (10') between the legal property line and the street pavement or gravel area, then the front setback shall be a minimum of twenty feet (20') from the nearest point of the street pavement or gravel area.
      2.   Accessory Buildings: All accessory buildings, including detached accessory dwelling units, shall be set back not less than twelve feet (12') to the rear of the closest rear wall line of the main building and not less than twelve feet (12') from any side wall of the main building. Accessory buildings which are located twelve feet (12') or closer to a main building shall be considered as part of the main building. Where no main building exists on a lot or parcel, a detached accessory building shall be set back not less than sixty feet (60') from the front lot line.
   B.   Side Setback; Interior Lots:
      1.   All dwellings and other main buildings shall be set back at least eight feet (8') from the side lot or parcel line.
      2.   Accessory Buildings: All accessory buildings, including detached accessory dwelling units, shall be set back at least five feet (5') from the lot or parcel line.
   C.   Side Setback; Corner Lot or Parcel:
      1.   Side Abutting a Street: All dwellings and other main and accessory buildings, including detached accessory dwelling units, shall be set back at least twenty feet (20') from the side lot or parcel line which abuts on a street.
      2.   Interior Side: Same as required for interior lots or parcel.
   D.   Rear Setback; Interior Lots or Parcel:
      1.   All dwellings and other main buildings shall be set back at least thirty feet (30') from the rear lot or parcel line.
      2.   Accessory building: Same as required under side setbacks; interior lots.
   E.   Rear Setback; Corner Lots or Parcel:
      1.   Single-family dwellings and other main buildings shall be set back at least thirty feet (30') from the rear lot or parcel line, except that where a carport or garage is attached to the rear of the dwelling, the required rear setback for said carport or garage may be reduced to twenty feet (20') or more as measured from the rear lot or parcel line to the closest part of the building.
      2.   Small homes shall be set back at least twenty feet (20') from the rear lot or parcel line, except that where a carport or garage is attached to the rear of the dwelling, the required rear setback for said carport or garage may be reduced to ten feet (10') or more as measured from the rear lot or parcel line to the closest part of the building.
      3.   Accessory Building: All accessory buildings, including detached accessory dwelling units, shall be set back at least five feet (5') from the rear lot or parcel line.
   F.   Exception to Front and Side Setback Requirements: The setback from the street for any dwelling located between two (2) existing dwellings may be the same as the average for said two (2) existing dwellings, provided the existing dwellings are on the same side of the street and are located within one hundred fifty feet (150') of each other. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. 2024-02, 2-27-2024)

10-6-6: HEIGHT OF BUILDINGS:

   A.   The maximum height of a dwelling building shall be measured from finished grade at the front of the dwelling to the highest wall plate.
   B.   The maximum height of a dwelling building shall be as noted below:
      1.   Level lot or parcel: Twenty-four feet (24').
      2.   Uneven lot or parcel: Where the ground is uneven in height and the ground slopes downward from the front of the dwelling by more than ten feet (10') to the back of the dwelling the maximum height shall be twenty feet (20').
   C.   Minimum height of a dwelling building: No dwelling shall be erected which has a ceiling height of less than the height required by the applicable building code.
   D.   The maximum height of accessory buildings, including detached accessory dwelling units, shall be no greater than twenty feet (20') or two stories, whichever is higher.
   E.   Additional Height Allowed for Public Buildings: Public buildings and churches may be erected to any height, provided the building 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. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. 2024-02, 2-27-2024)

10-6-7: SIZE OF DWELLING:

All areas shall be exclusive of open porches, carports, garages, sheds, and similar add-ons. This requirement shall not apply to mobile homes located within an approved mobile home park.
   A.   The ground floor area of any single-family dwelling shall be at least nine hundred (900) square feet.
   B.   The minimum ground floor area of any small home shall be six hundred (600) square feet of living area. The maximum ground floor area of any small home shall be eight hundred and ninety-nine (899) square feet of living area.
   C.   The minimum ground floor area of any detached accessory dwelling unit shall be two hundred (200) square feet of living area. The maximum ground floor area of any detached accessory dwelling unit shall be eight hundred and ninety-nine (899) square feet of living area. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. 2024-02, 2-27-2024)

10-6-8: WIDTH OF BUILDINGS:

The total length or total width of any single-family dwelling or church shall be at least twenty feet (20'), as measured from outside wall to outside wall, exclusive of any carport, garage, shed or similar add on. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. 2024-02, 2-27-2024)

10-6-9: YARD SPACE FOR ONE MAIN BUILDING ONLY:

   A.   No required yard or other open space around an existing building, or which is hereafter provided around any building, that 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 or parcel be considered as providing the yard or open space on the lot or parcel whereon a building is to be erected or established.
   B.   No required yard or other open space around an existing main building, or which is hereafter provided around any building that is needed to comply with provisions of this title, shall be used for parking or storage of operable vehicles unless in compliance with 10-2-1. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. 2024-02, 2-27-2024)

10-6-10: EVERY DWELLING TO BE ON A LOT OR PARCEL:

Only one building which contains a dwelling shall be located and maintained on a lot or parcel, except dwellings within a mobile home park, or other large-scale development. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. 2024-02, 2-27-2024)

10-6-11: SALE OR LEASE OF REQUIRED SPACE PROHIBITED:

No space needed to meet the width, yard, area, coverage, parking, or other requirements of this title for a lot, parcel, or building may be sold or leased apart from such lot, parcel, or building unless other space so complying is provided. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. 2024-02, 2-27-2024)

10-6-12: YARDS TO BE UNOBSTRUCTED; EXCEPTIONS:

Every part of a required yard shall be open to the sky and unobstructed except:
   A.   Permitted accessory buildings, and
   B.   Ordinary and customary projection of sills, belt courses, cornices and other ornamental features and unenclosed steps and unwalled stoops, porches and carports which may project up to three feet (3') into a required yard. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. 2024-02, 2-27-2024)

10-6-13: ACCESSORY BUILDINGS PROHIBITED AS LIVING QUARTERS:

Living and sleeping quarters in any building or structure other than the main residential building are prohibited unless the accessory building is a detached accessory dwelling unit. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. 2024-02, 2-27-2024)

10-6-14: STORAGE OF COMMERCIAL OR OVERSIZED VEHICLES PROHIBITED:

   A.   The storage and/or continuous parking of trucks, buses, or a combination of vehicles exceeding thirty-five feet (35') in length or having a rated capacity of one ton or greater, and construction equipment such as bulldozers, graders, compressors, etc., shall not be permitted; provided, that construction equipment may be stored on a lot or parcel during construction of a building thereon for less than one year.
   B.   Trucks and equipment parked in residential areas for more than three (3) days in any one month are not allowed.
   C.   Storage of recreational vehicles shall comply with 10-2-7 of this title. (Ord. 2012-01, 7-10-2012; amd. Ord. 2024-02, 2-27-2024)

10-6-15: STORAGE OF JUNK, DEBRIS, OR UNLICENSED INOPERABLE VEHICLES PROHIBITED:

   A.   No yard or other open space surrounding an existing building, or which is hereafter provided around any building in any zone, shall be used for the storage of junk, debris, or inoperable vehicles;
   B.   No land shall be used for such purposes, except as specifically provided by this title.
   C.   Storage of one restorable vehicle may be permitted in the backyard for a period of six (6) months, on a case-by-case basis, at the discretion of the zoning administrator. Restoration work shall comply with applicable noise and nuisance ordinances. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. 2024-02, 2-27-2024)

10-6-16: SEWAGE DISPOSAL:

   A.   Sewer connections shall comply with section 8-4-2.
   B.   Where domestic sewage disposal facilities are used which are not connected to a public sewer, approval of such facilities shall be obtained from the state health department before a building permit shall be issued, therefore. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. 2024-02, 2-27-2024)

10-6-17: WATER CONNECTIONS:

   A.   Where municipal water is available all single-family dwellings shall be connected in accordance with 8-1-2.
   B.   Where a detached accessory dwelling unit is present it shall be provided with municipal water by connection to the main dwelling on the same lot or parcel.
   C.   Where no municipal water is available, approval of such facilities shall be obtained from the state health department before a building permit or certificate of occupancy shall be issued, therefore. (Ord. passed 11-29-2022; amd. Ord. 2024-02, 2-27-2024)

10-6-18: DRAINAGE:

   A.   The owners and users of ditches shall not divert more water into the ditch than its carrying capacity.
   B.   Runoff from new rooftops or lots shall not exceed the carrying capacity of the natural or previous drainage system.
   C.   Drainage corridors shall be protected in accordance with 10-12-2. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. 2024-02, 2-27-2024)

10-6-19: CLEAR VIEW OF INTERSECTING STREETS:

No obstruction which will obscure the view of automobile drivers shall be placed on any corner lot within a triangular area formed by the street property lines and a line connecting them at points of forty-five feet (45') from the intersection of the street lines. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. 2024-02, 2-27-2024)

10-6-20: EFFECT OF STREET PLAN:

Wherever a front or side yard is required for a building that abuts on a proposed street which has not been constructed, but which has been designated by the planning commission as a future street, the depth of such front or side yard shall be measured from the planned street lines. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. 2024-02, 2-27-2024)

10-6-21: MOTOR VEHICLE ACCESS:

Access to all lots and parcels of land having a frontage on a city street shall be controlled as follows:
   A.   No lot or parcel shall have more than two (2) driveways.
   B.   Driveways shall not be closer to each other than twenty feet (20').
   C.   On corner lots or parcels, no driveways shall be closer than twenty feet (20') to the point of intersection of the front property line with the side property line which abuts upon a street.
   D.   Where there is no existing curb and gutter or sidewalk, a curb or fence may be required by the city. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. 2024-02, 2-27-2024)

10-6-22: LANDSCAPING REQUIRED:

Front yards and side yards of all dwellings which front on city streets must be landscaped. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. 2024-02, 2-27-2024)

10-6-23: POLLUTION PREVENTION:

Any use which emits or discharges gases, fumes, dust, glare, noise or other pollutants into the atmosphere in amounts which exceed the standards as prescribed by Utah state air conservation board or the 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 state water pollution control board or the board of health, shall be prohibited. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. 2024-02, 2-27-2024)

10-6-24: SPECIAL PROVISIONS:

Special provisions shall apply in order to protect the intent of the zone.
   A.   All buildings used for human occupancy shall be furnished with a water supply in accordance with 10-6-17 of this title.
   B.   All buildings used for human occupancy shall be constructed in accordance with the adopted building, plumbing, electrical, fire prevention and similar codes.
   C.   All buildings and uses shall comply with all applicable supplementary development standards as set forth in this title. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. 2024-02, 2-27-2024)