1. This chapter shall establish the criteria to regulate by districts or zones the location, height, and bulk of buildings and other structures; the percentage of lot which may be occupied; the size of courts, lots and other open spaces; the density and distribution of population; the location and use of buildings and structure for trade, industry, residence, recreational public activities or other purposes; and the use of land for trade, industry, recreation or other purposes.
   
2. It is designed and enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity and welfare of the present and future inhabitants of the City of Richmond, Utah, including amongst other things the lessening of congestion in the streets or roads, securing safety from fire and other dangers, providing adequate light and air, classification of land uses and distribution of land development and utilization, protection of the tax base, securing economy in governmental expenditures, fostering the city’s commercial and industrial growth, and the protection of both residential and nonresidential development.

1. Height of fences, hedges, or shrubs: No fence or wall or other similar structure shall be erected in any required front, rear or side yard to a height in excess of six (6) feet except for accessory buildings and structures permitted herein.
   
   1. Where there is a difference in the grade of the properties on either side of a fence or wall, the height of the fence or wall shall be measured from the average elevation of finished grades of the adjoining properties in question at the fence line, except that no fence need be less than forty-two (42) inches in height.
      
      1. See 12-805-11 for regulations concerning view at corners and intersecting streets.

1. The sub-division of an existing lot within a given zone that would result in the creation of one or more lots of a sub-standard size for that zone is prohibited.
   
2. Building permits shall not be issued on restricted lots.
   
3. Where a dwelling in the agricultural zone was of public record prior to April 8, 1970, the dwelling may be severed on a lot which meets the area, width and yard regulations of the RE-2 zone, and shall be treated as nonconforming.
   1. Land which is severed may be built on if it meets the requirements of area, width and yard regulations for the agricultural zone.

On corner lots, the set-back for the side of the structure where the main entrance is located shall be a minimum of thirty (30) feet unless the structure falls into a category contained within this ordinance allowing a reduced set back, and the other side facing a street shall have a set-back of a minimum of thirty (30) feet with all measurements being from the property line.

1. A landscaping plan shall be required by all those applying to the Planning and Zoning Commission for a conditional use permit.
   
   1. The purpose of landscaping is to protect and preserve a quality environment for the entire City.
      
   2. Plant materials function in the protection of “public welfare”.
      
   3. Their uses include:
      
      1. Noise control,
         
      2. Enhancement of the visual quality of a roadway through plant screening of parking lots, trash collection, outdoor storage, merchandising or service area,
         
      3. Erosion control,
         
      4. Filtering air quality,
         
      5. Reduction of glare and reflection for public safety,
         
      6. Wind control, and
         
      7. Temperature control.
         
2. Required Planting Screens. Wherever any parking lot, trash collection, outdoor storage, merchandising or service area requires a conditional use permit, a planting screen of sufficient length to interfere with the view thereof shall be required except where the view is blocked by change in grade or other natural or man-made features or otherwise determined by the Planning and Zoning Commission.
   
   1. Where, because of soil conditions or other natural factors, the planting screen cannot be expected to thrive, a wooden fence or masonry wall may be substituted.
      
3. Required Tree Planting.
   
   1. One (1) tree is required for each 5,000 square feet of such space or fraction thereof on each lot.
      
   2. All trees required by this ordinance shall be at least five (5) feet high when planted, and shall be maintained in a healthy condition.
      
   3. They shall not be pruned, except to remove deadwood, in such a manner as to prevent growth to a height of at least fifteen (15) feet or to reduce existing height below fifteen (15) feet.
      
   4. Where new tree plantings are otherwise required, existing trees having a height of at least eleven (11) feet may be counted as required trees.
      
4. Parking Lot Plantings.
   
   1. Where the provision of off-street parking for fifteen (15) or more vehicles is required, there shall be landscaped open space within the perimeter of the parking area, or areas, in the minimum amount of eighteen (18) square feet for each parking space, which shall be so located that no parking space is more than one hundred twenty (120) feet from a portion of the landscaped open space required by this section.
      
   2. The required landscaped open space need not be contiguous, but there shall be at least one (1) tree in each separate area.
      
   3. Trees required by this section shall be included in computing any number required in the previous section, Required Tree Planting.
      
   4. All plant materials shall be kept pruned to maximize visibility through them between heights of three (3) feet and eight (8) feet, except where located so as to create no hazard to drivers or pedestrians.
      
5. Time of Completion.
   
   1. All tree plantings and planting screens required by this ordinance shall be installed prior to occupancy or commencement of use.
      
   2. Where compliance with (E)(1) is not possible because of the season of the year, the zoning enforcer shall grant a delay (temporary Certificate of Occupancy not to exceed one [1] years time), but shall issue no permanent Certificate of Occupancy until completion of all required plantings.
      
   3. Any Certificate of Occupancy may be revoked, after thirty (30) days written notice to the person assessed for taxes on the affected lot and to the occupant, whenever planting screens or required tree plantings are not maintained as required in this ordinance.

1. All expenses associated with the construction, development, establishment or otherwise entrance into the City structure of Richmond City, Utah shall be the responsibility of the builder, contractor, developer or such other party ultimately responsible for said structure or infrastructure unless otherwise assigned by current ordinance or ordinances. Such expenses may include, but are not limited to, the following:
   
   1. Processing of any required building clearance form prior to issuance of the building permit.
      
      1. Building permit fees and charges will be handled separately by ordinance or resolution and in compliance with the current provisions of Utah Code Annotated Title 10, Chapter 9a, Section 510.
         
   2. Review of building property plat(s), plan(s), and/or infrastructure whether by local authority or contracted engineer(s).
      
   3. Any engineering review of any nature required by the City prior to acceptance of or issuance of any type of occupancy or usage permit.
      
   4. Any tests of any nature deemed necessary by the City, such as but not limited to pressure testing of culinary water and sewer pipes, acceptability tests of asphalt or other paving material used to cover City streets or roads, compaction tests of street or road sub-surface, sidewalk specification questions, or additional testing in questionable areas of any nature.
      
2. All expenses shall be billed directly to the builder, contractor, developer or such other party ultimately responsible for said structure or infrastructure.
   
3. Should Richmond City hold billings not paid by the builder, contractor, developer or such other party ultimately responsible for said structure or infrastructure, the City shall withhold approval and acceptance of infrastructure, issuance of a Certificate of Occupancy or other use, issuance of a Business License, or withhold services as shall be appropriate and proper for the individual situation.
   
   1. Should the City be placed into a situation involving litigation, the City shall seek all payments due plus the cost of all legal expenses associated with such recovery efforts.

1. Retaining walls shall be designed in accordance with Sections 1807.2 through 1807.2.3, 2015 International Building Code.
   
2. Retaining walls are considered a structure and a building permit is required for construction of any retaining wall greater than six feet (6’) in height.
   
   1. Building Permit Exemptions. The following do not require a building permit:
      
      1. Retaining walls less than four feet (4’) in exposed height with less than 10H:1V (Horizontal:Vertical) front and back slopes within ten feet (10’) of the wall;
         
      2. Non-tiered retaining walls less than three feet (3’) in exposed height with back slopes flatter than or equal to 2H:1V and having front slopes no steeper than or equal to 4H:1 V;
         
      3. Tiered retaining walls less than three feet (3’) in exposed height per wall and which have front slopes and back slopes of each wall no steeper than or equal to 10H:1V within ten feet of the walls; and
         
      4. Retaining walls less than fifty (50) square feet in size.
         
3. All retaining walls required to obtain a building permit shall be designed by an engineer licensed in the State of Utah.
   
4. Refer to Richmond City Municipal Code Part 12-2005 Sensitive Lands.
   
5. Retaining walls may not be constructed so as to interfere with required sight distance and may not obstruct driver’s line of sight from streets and roads.
   
   1. Within any required Front Yard or Side Yard, retaining walls shall not exceed four feet (4’) in height, measured from final grade.
      
6. Retaining walls may be erected or allowed within the buildable Area, and as allowed in the Setback exceptions for each zone.
   
7. Where a fence or retaining wall occurs along a Property Line separating two (2) Lots and there is a difference in the Grade of the Properties, the retaining wall may be erected or allowed to the maximum height permitted on either side of the Property Line.
   
8. All retaining walls must be maintained in a structurally safe and sound condition and in good repair.
   

The State of Utah has created a landscape incentive program labeled "Utah Water Savers". Water efficient landscapes can be reviewed and applied for at: https://conservewater.utah.gov/landscape-rebates/ Eligibility for waterwise rebates composed by the State of Utah, must meet the minimum standards defined for both new and existing landscape conversion:

1. No lawn on parking strips or areas less than eight feet (8’) in width in new development(s).
2. No more than fifty percent (50%) of front and side yard landscaped area in new residential developments is lawn. Lawn limitations do not apply to small residential lots with less than two hundred fifty (250) square feet of landscaped area.
3. In new commercial, manufacturing, industrial, institutional and multi-family development common area landscapes, lawn areas shall not exceed twenty percent (20%) of the total landscaped area, outside of active recreation areas.

1. The preceding applies to the establishment of a single additional apartment provision within or permanently attached to a private residence for the purpose of providing care and shelter.
   1. Commonly referred to as an “accessory dwelling unit” or "accessory apartment,” such space must adhere to the following provisions:
      1. When remodeling takes place to provide such accommodations, it is required that the owner of the residence obtain a building permit through the currently established procedures at the time of the remodel.
         1. The purpose of this requirement is to ensure that any adjustments/additions/modifications to electrical, water, or sewer facilities adhere to code and do not present any type of a current or conceivable future hazard, no matter how inadvertent.
         2. Access to the accessory dwelling unit must include a minimum of two ingress-egress routes for the safety of the occupant(s), only one of which may pass through a garage area.
         3. Any remodeling incurred in this process must be within the footprint of the primary dwelling.
            1. Outside access doors into the accessory addition must be either on the side or rear of the residence.
         4. An addition to the original primary dwelling may be added, with approval by the city, for the purpose of creating an accessory dwelling unit attached to the original dwelling unit.
      2. The owner of the residence will be responsible for providing adequate parking space, within the provisions of this ordinance, for the additional occupant(s), not to exceed two (2) additional of any type or combination of types of vehicles.
         
2. Conditions
   1. The accessory dwelling unit will be a separate housekeeping unit that can be isolated within the original residential dwelling.
   2. Only one accessory dwelling unit is to be established within or as part of an original residential dwelling.
   3. The owner(s) of the residence in which the accessory dwelling unit exists must occupy at least one of the apartments in the dwelling, except for bona fide temporary absences of two (2) years or less for activities such as:
      1. A temporary job assignment, sabbatical, or voluntary service.
      2. The owner is placed in a hospital, nursing home, assisted living facility or other similar facility.
      3. City staff may require written documentation verifying the temporary absence.
      4. The owner(s) shall apply for a continuance of their accessory dwelling unit permit during their absence by notifying the City Administrator in writing. They shall include in the request their anticipated length of absence and estimated return date, a forwarding address, phone number and email address where they may be contacted by the city, and the names, phone numbers and email addresses of those who will act in their stead as the “surrogate” owners of the property in their absence.
   4. The owner of the primary dwelling must complete an “Accessory Dwelling Unit Registration Application” and receive approval from Richmond City prior to renting the accessory apartment.
3. For purposes of distance separation between Multiple Family Units or Dwellings, an accessory dwelling unit will not be counted as a Multiple Family Unit or Dwelling when determining additional Multiple Family Unit or Dwelling locations.
4. Definitions

Accessory Dwelling Unit: A habitable living unit created within the footprint of a primary owner-occupied single-family dwelling.