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Monticello City Zoning Code

CHAPTER 7

R-2 RESIDENTIAL ZONE

10-7-1: 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)

10-7-2: INTENT:

The R-2 zone has been established for the purpose of providing a place where single-, two- and multiple-family dwellings and small homes can be constructed. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. 2024-02, 2-27-2024)

10-7-3: PERMITTED USES:

   A.   The following buildings, structures and uses of land shall be permitted upon compliance with the requirements set forth in this title:
      Accessory Buildings.
      All uses permitted in the R-1 residential zone, section 10-6-3 of this title. Single-family dwellings of conventional construction and manufactured homes.
      Multi-family dwellings, townhouses and condominiums.
      Small homes and tiny homes of conventional construction and manufactured homes.
      Boarding house, lodging house, bed and breakfast, rooming house.
      Childcare.
      Churches, not including temporary revival tents or buildings.
      Daycare, Nursery, Preschool.
      Foster care homes.
      Household pets.
      Mobile homes on foundations with tie down.
      Public agency parks and playgrounds.
      Utility lines and buildings.
      Walls and hedges.
   B.   The following uses are permitted when in conformance 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 chickens in conformance with section 10-2-12.
      Long-term rental of a dwelling unit as permitted in 10-2-17.
      Short-term rental units as permitted in 10-2-17.
      Solar electricity systems in conformance with 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)

10-7-4: AREA AND FRONTAGE REQUIREMENTS:

Area and frontage requirements shall be as follows:
Main Use
Minimum Lot
or Parcel Area
Minimum Frontage
(At Setback Line)
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
Tiny home
2,756 square feet
26 feet
Two-family dwelling
7,000 square feet
85 feet
Multiple-family dwelling
10,000 square feet for first 2 units plus 2,500 square feet for each additional unit
85 feet for first 2 units plus 7.5 feet width for each additional unit
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)

10-7-5: LOCATION REQUIREMENTS:

   A.   Front Setback:
      1.   All single-family dwellings, small homes, tiny homes, and two-family dwellings 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.   All multi-family dwellings shall be set back forty feet (40') from the front lot or parcel line.
      3.   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 Lot or Parcel:
      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, except that no minimum side setback shall be required when all the following conditions are met:
         a.   The accessory building is located more than five feet (5') from any existing dwelling on the same or an adjacent lot or parcel;
         b.   The accessory building contains no openings on the side contiguous to the lot or parcel line;
         c.   No drainage from the roof will be discharged onto an adjacent lot or parcel.
      3.   All accessory buildings when adjoining an R-2 zone shall be set back twenty feet (20').
   C.   Side Setback; Corner Lot or Parcel:
      1.   Side Abutting 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.
   D.   Rear Setback; Interior Lot or Parcel:
      1.   Single-family, two-family and multi-family dwellings or other main buildings shall be set back at least thirty feet (30') from the rear lot line.
      2.   Small homes shall be set back at least twenty (20') feet from the rear lot line.
      3.   Tiny homes shall be set back at least fifteen (15') feet from the rear lot line.
      4.   Accessory Building: Same as required under subsection B, "Side Setback; Interior Lots," of this section.
      5.   All accessory buildings when adjoining an R-2 zone shall be set back twenty feet (20').
   E.   Rear Setback; Corner Lot or Parcel:
      1.   Single-family, two-family and multi-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 (20') feet from the rear lot or parcel line, except 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 (10') feet or more as measured from the rear lot or parcel line to the closest part of the building.
      3.   Tiny homes shall be set back at least fifteen (15') feet from the rear lot or parcel line, except 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 (10') feet or more as measured from the rear lot or parcel line to the closest part of the building.
      4.   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, except that no minimum rear setback shall be required when all the following conditions are met:
         a.   The accessory building is located more than twelve feet (12') from any existing dwelling on the same or an adjacent lot or parcel;
         b.   The accessory building contains no openings on the side contiguous to the lot or parcel line;
         c.   No drainage from the roof will be discharged onto an adjacent lot or parcel;
         d.   The accessory building will be set back at least fifty feet (50') from the side lot or parcel line abutting the street.
   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)

10-7-6: HEIGHT OF BUILDINGS:

   A.   The maximum height of a building shall be measured from finished grade at the front of the dwelling to the highest wall plate.
   B.   The maximum height of a single-family dwelling, small home, and two-family dwelling 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.   The maximum height of a tiny home shall be eighteen feet (18').
   D.   Minimum height of any dwelling building: No dwelling shall be erected which has a ceiling height of less than the heigh required by the applicable building code.
   E.   The maximum height of accessory buildings including detached accessory dwelling units, shall be no greater than twenty feet (20') or two stories, whichever is the higher.
   F.   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)

10-7-7: 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 a single-family dwelling shall be not less than 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 tiny home shall be two hundred (200) square feet of living area. The maximum ground floor area of any tiny home shall be five hundred and ninety-nine (599) square feet of living area.
   D.   The minimum ground floor area of any two-family dwelling shall be of one thousand two hundred (1,200) square feet of living area.
   E.   The minimum ground floor area of any multiple-family dwelling shall be one thousand two hundred (1,200) square feet of living area for the first two (2) units, plus six hundred (600) square feet of living area for each unit over two (2). (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. 2024-02, 2-27-2024)

10-7-8: 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, 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 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 hereinafter provided around any building, that is needed to comply with provisions of this title, shall be used for parking or storage or operable vehicles unless in compliance with 10-2-5. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. 2024-02, 2-27-2024)

10-7-9: 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 as defined in this title, 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)

10-7-10: 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 or parcel or building may be sold or leased apart from such lot 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)

10-7-11: YARDS TO BE UNOBSTRUCTED; EXCEPTIONS:

   A.   Permitted accessory buildings;
   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;
   C.   No projection into a required court which is provided in connection with a court apartment shall be constructed except for customary sills, belt courses and cornices which may extend into a court not more than sixteen inches (16"). (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. 2024-02, 2-27-2024)

10-7-12: 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)

10-7-13: 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 must conform with section 10-2-7 of this title. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. 2024-02, 2-27-2024)

10-7-14: 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)

10-7-15: SEWAGE DISPOSAL:

   A.   Sewer connections shall comply with 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)

10-7-16: WATER CONNECTION:

   A.   Where municipal water is available, all users in this zone shall be connected.
   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; Ord. 2024-02, 2-27-2024)

10-7-17: 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)

10-7-18: 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 feet (40') 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)

10-7-19: 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)

10-7-20: 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 be not 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)

10-7-21: 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)

10-7-22: 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)

10-7-23: SPECIAL PROVISIONS:

Special provisions shall apply in order to protect the intent of the zone's essential characteristics.
   A.   All buildings used for human occupancy shall be furnished with a water supply in accordance with 10-6-19 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)