This title shall be known as THE UNIFORM ZONING ORDINANCE OF RIVERDALE, UTAH.

(1985 Code § 19-1-1)

This title 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, including, amongst other things, lessening congestion on the streets or roads, securing safety from fire and other danger, providing adequate light and air, the classifying of land uses and distribution of land development and utilization, protecting the tax base, securing economy in governmental expenditures, fostering commercial, industrial and agricultural growth, protecting the environment, and protecting both urban and nonurban development of the city.

(1985 Code § 19-1-2; amd. 2001 Code)

A.

Required: No application for new development shall be allowed or permitted until a conceptual plan for such development shall have been prepared by the petitioner and reviewed and approved by the planning commission which addresses in detail how the proposed development meets and/or satisfies the development guidelines of the city's general plan, including narrative sections and the land use planning map, and any RDA project area plan development requirements, if applicable. Any such conceptual plan may be submitted concurrently with a preliminary site plan at the discretion of the petitioner.

B.

Petition for Amendment: In the event the petitioner for a development and/or subdivision cannot meet and/or satisfy the guidelines of the city's general plan and/or the requirements of an RDA project area plan, the party presenting the conceptual plan may petition the planning commission for its determination to recommend an amendment to such plan(s). Should the planning commission determine that an amendment to such plan(s) is warranted, the statutory requirements for pursuing such an amendment shall be followed by the planning commission, city council and/or RDA board of directors.

C.

Consideration for Amendments: Amendments to the general plan and/or the requirements of an RDA project area plan, pursuant to this section, may be considered upon a showing of undue hardship and/or adverse extenuating circumstances.

D.

Land Use Master Plan Map: The land use master plan map should appropriately reflect use types that exist or have been amended through the public process in this section.

(Ord. 793, 10-4-2011)

A.

In interpreting and applying the provisions of this title, the requirements contained herein are declared to be the minimum requirements for the purpose set forth.

B.

This title shall not nullify the more restrictive provisions of covenants, agreements, other ordinances or laws, but shall prevail notwithstanding such provisions which are less restrictive.

(1985 Code § 19-1-3)

This title, including the maps, may be amended from time to time by the city council after holding a public meeting. All proposed amendments shall be first proposed by the planning commission or shall be submitted to the planning commission. A public hearing shall then be held by the planning commission. At least ten (10) days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in Riverdale City. The planning commission's recommendation shall be returned to the city council for its consideration within thirty (30) days. The city council may accept, reject or modify the planning commission's recommendation by a majority vote of its members.

(Ord. 698, 2-19-2008)

A.

The community development director is hereby charged with the administration and enforcement of the provisions of this title.

B.

The community development director shall not grant a permit for the construction or alteration of any building or structure, nor issue any certificate of occupancy for a change in the use of land, if such construction or alteration or change would be in violation or would involve a violation of any of the provisions of this title or any other ordinance of the city or of any law of the state.

C.

The community development director shall enforce all of the provisions of this title. He shall inspect or cause to be inspected all of the buildings in the course of construction, alteration or repair, and any change in the use of land. If, in the course of such inspection, or otherwise, it shall come to his attention that any such construction, alteration or repair, or that any use or contemplated use of land is in violation of the provisions of this title, he shall issue his written order to the person responsible therefor, ordering and directing such person to cease and desist such construction, alteration or repair, or use. He shall report violations of this title to the city attorney for prosecution and make complaint thereof before the court or courts having jurisdiction of such violation. Upon the recommendation of the city council, the legal department shall bring a civil action for the abatement of any nuisance existing in violation of this title.

D.

The community development director may call for the assistance of law enforcement personnel whenever in his opinion such assistance is necessary in the investigation of a suspected violation of this title.

E.

The community development director may establish reasonable rules and regulations necessary or desirable in the administration of this title. Three (3) copies of such rules and regulations shall be filed with the city recorder and such rules and regulations shall become effective when so filed.

F.

The city council may, by resolution, prescribe an exact payment of reasonable fees to cover the expense of examining or reexamining plot plans or development plans or proposed improvements, issuing building permits, inspecting uses and issuing certificates of occupancy, and may determine the method of collecting such fees.

(1985 Code § 19-1-5; amd. 2001 Code; Ord. 854, 5-6-2014)

A.

Collection: At the time of filing a petition or request to change the zoning of any property, the petitioners shall pay to the city recorder and the city recorder shall collect for the city such fee as may be set by resolution of the city council.

B.

Nonrefundable: The fee assessed by this chapter shall not be refundable regardless of the eventual disposition of the rezoning request and shall be in addition to all other fees presently in effect and payable to the city.

Cross reference— See also section 1-12-5 of this code for specific fees.

(1985 Code §§ 19-27-1, 19-27-2)

The construction, alteration, repair, removal or occupancy of any structure, or of any part thereof, or substantial alteration or modification of terrain, or any action which would substantially alter water drainage or water passage, or which would likely require sewage disposal, water, roads, curbs, gutters or sidewalks in the reasonably foreseeable future, or any other changes which would reasonably be expected to have a substantial effect on the environment, including, but not limited to, air, water, noise and land appearance, shall not be commenced or proceeded with, except after the issuance of a written permit for the same by the community development director or his agent; provided, that no permit shall be necessary where the erection, construction, reconstruction or alteration is minor in character as determined by the community development director or his agent.

(1985 Code § 19-1-6; amd. 2001 Code; Ord. 854, 5-6-2014)

No land shall be used or occupied and no building hereafter structurally altered or erected shall be used or changed in use until a certificate of occupancy shall have been issued by the community development director or his agent stating that the building or structure or the proposed use thereof, or the use of land, complies with the provisions of this title. A certificate of occupancy shall be issued as it may be required for any nonconforming use hereunder. A certificate of occupancy either for the whole or a part of a building or structure shall be applied for coincidentally with the application for a building permit and shall be issued within ten (10) days after the erection or structural alteration of such building or structure, or part thereof, shall have been completed in conformity with the provisions of this title, and requirements of the city council and planning commission.

(Ord. 854, 5-6-2014)

All departments, officials and public employees of the city which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title and shall issue no such permit or license for uses, buildings or purposes where the same would be in conflict with the provisions of this title, and any such permit or license, if issued in conflict with the provisions of this title, shall be null and void.

(1985 Code § 19-1-8)

At the time of the annexation of new territory to the city, the city council, after reviewing the recommendation of the planning commission, shall classify such territory for zoning purposes according to the zones established by this title.

(1985 Code § 19-1-11)

Any person owning property within the city may apply to the city council to vacate a utility easement located on his property. The property owner shall do so by submitting a written application to the community development director.

A.

The application shall be accompanied by written permission from all interested utilities agreeing to the vacation of the easement.

B.

The community development director shall submit the application to the city council as soon as practical after he receives it, along with his recommendation as to whether or not the easement should be vacated. The city council shall consider the application at its next meeting.

C.

It is the policy of the city to vacate such utility easements when so doing appears to be in the best interest of all concerned parties.

(Ord. 854, 5-6-2014)

Any person owning property within the city may apply, in writing, to the community development director for a permit to build over a utility easement located on the owner's property. The community development director may issue said permit upon the following terms and conditions:

A.

The owner of the property shall furnish to the community development director a letter addressed to the city wherein the owners of the property do hold harmless and indemnify the city and indicating that said owners will pay for and be responsible for any costs associated with the building or structure constructed on the easement, and, if required, its removal, should the easement become active and a use of the easement is required by the city or any legitimate utility company; and

B.

The owner has satisfied the public works director that the easement does not contain any utility lines or pipes, and that the installation of any lines or pipes is not currently contemplated by the city or any legitimate utility company. The public works director shall communicate, in writing, said satisfaction to the community development director before any permit may be granted.

1.

Compliance with this section may be done in lieu of vacating of a utility easement, as set forth in section 10-1-12 of this chapter.

2.

In the event a permit is not granted pursuant to this section, the property owner may appeal, in writing, the decision of the community development director to the city council within ten (10) days from the date of the permit denial. The city council may uphold, reverse or modify the decision of the community development director.

(Ord. 854, 5-6-2014)

Any structure made or existing, and any use of land, in violation of any provision of this title is a public nuisance and may be abated by appropriate proceedings.

(1985 Code § 19-1-9)

Any person or corporation, whether as principal, agent, employee or otherwise, who fails to comply with the requirements of this title or of a lawful order of the community development director or his agent shall be guilty of a class C misdemeanor and upon conviction, shall be punished as provided in section 1-4-1 of this code. Such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during which any portion of any violation of this title is committed, maintained, continued or permitted by such person, firm or corporation, and shall be punishable as herein provided.

(Ord. 854, 5-6-2014)