Roosevelt City Zoning Code

The regulations set forth in this Chapter shall qualify or supplement, as the case may be, the zone regulations appearing elsewhere in this Title. 

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part): Ord. 79-101 § 3-1. Formerly 17.12.010, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

HISTORY:

Ord. 2024-441, 12/3/2024

Except for cluster subdivisions, and as otherwise provided in this title, every lot, existing or intended to be created, shall have such area, width and depth as is required by this Title for the zone in which such lot is located and shall have frontage upon a dedicated or publicly approved street. 

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part): Ord. 79-101 § 3-3. Formerly 17.12.030, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

Every dwelling structure shall be located and maintained on a separate lot having no less than the minimum area, width, depth and frontage required by this Title for the zone in which the dwelling structure is located, except that group dwellings, cluster dwellings, condominiums, and other multi-structure dwelling complexes under single ownership and management, which are permitted by this Title and have approval from the Land Use Authority, may occupy one lot for each such multi-structure complex. 

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part): Ord. 79-101 § 3-4. Formerly 17.12.040, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

No required yard or other open space around an existing building or which is hereafter provided around any building for the purpose of complying with the provisions of this Title shall be considered as providing a yard or open space for any other buildings; nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected or established.

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part): Ord. 79-101 § 3-5. Formerly 17.12.050, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

A private garage may be added to a home on any interior lot where a private garage does not exist, if it contains a sufficient number of parking spaces to meet the requirements of this Title and has a side yard equal to the minimum side yard required for a dwelling in the same zone. The width of the other side yard for the dwelling may be reduced to equal that of the minimum required side yard; and on any lot where such garage has such side yard, the rear yard of the dwelling may be reduced to fifteen feet (15'), provided the garage also has a rear yard of at least fifteen feet (15'). 

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part): Ord. 79-101 § 3-6. Formerly 17.12.060, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

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 away from such a lot or building. 

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part): Ord. 79-101 § 3-7. Formerly 17.12.070, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

No parcel of land which has less than the minimum width and area requirements for the zone in which it is located may be cut off from a larger parcel of land for the purpose, whether immediate or future, of building or development as a lot. 

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part): Ord. 79-101 § 3-8. Formerly 17.12.080, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

1. Permitted. The following structures may be erected on or projected into any required yard:
2. Fences and walls in conformance with applicable City codes or ordinances;
3. Landscape elements, including trees, shrubs, agricultural crops and other plants; and
4. Necessary appurtenances for utility service.
5. Minimum Projections. Except for certain allowable features (i.e., landings, walkout porches, and window wells) as defined and outlined in §10-9a-538 of Utah State Code (as amended), which shall be exempted from these provisions, the structures listed below may project into a minimum yard setback area not more than two and one-half feet (2 ½'):
6. Cornices, eaves, belt courses, sills, buttresses, or other similar architectural features.
7. Fireplace structures and bays; provided, that they are not wider than eight feet (8’), measured generally parallel to the wall of which they are a part.
8. Balconies, fire escapes, awnings, planter boxes, masonry planters or other architectural features not exceeding three feet (3’) in height.

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part): Ord. 79-101 § 3-9. Formerly 17.12.090, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

HISTORY:

Ord. 2024-441, 12/3/2024

Public and quasi-public utility buildings, when authorized in a zone, may be erected to a height greater than the zone height limit by conditional use permit. 

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part): Ord. 79-101 § 3-11. Formerly 17.12.110, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

Roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, water tanks, wireless or television masts, or other architectural features may be erected above the height limits herein prescribed, but no space above the height limit shall be allowed for purposes of providing additional floor space. 

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part): Ord. 79-101 § 3-12. Formerly 17.12.120, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

No dwelling shall be erected to a height less than one (1) story above grade. 

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part): Ord. 79-101 § 3-13. Formerly 17.12.130, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

HISTORY:

Ord. 2024-441, 12/3/2024

In all zones which require a front yard, no obstruction to view in excess of three feet (3') in height shall be placed on any corner lot within a triangular area formed by the street property lines and a line connecting them at points forty feet (40') from the intersection of the street lines, unless the results of a study from a professional traffic engineering firm support a smaller clear view area, excepting trees and other landscaping if they are pruned and trimmed between a height of three feet (3') to seven feet (7'), so as to permit unobstructed vision to automobile drivers; and pedestal-type identification signs and pumps at gasoline service stations. 

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part): Ord. 79-101 § 3-15. Formerly 17.12.150, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

1. Fences, walls and hedges may be erected or allowed to six feet (6') high when located within the buildable area. Fences over six feet (6') in height, up to a maximum of ten feet (10'), may be approved through a conditional use permit and shall require a separate building permit.
2. Sight-obscuring fences, walls and hedges may not exceed three feet (3') in height within any required front yard.
3. For purposes of this section, single shrub planting shall not constitute a hedge if the closest distance between the foliage of any two plants is and remains at least five feet (5').
4. Where a fence, wall or hedge is located along a property line separating two lots and there is a difference in the grade of properties on the two 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.
5. Where a retaining wall protects a cut below or a fill above the natural grade and is located on the line separating lots or properties, such retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed. In such cases, the builder of the retaining wall must obtain a building permit.

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part): Ord. 85-200 § 2(3-16). Formerly 17.12.160, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

1. The installation of street improvements, including curbs, gutters, sidewalks of a type approved by the City Council, asphalt required to complete the roadway surface, and any relocation of utilities required by the improvements shall be required on any existing or proposed street adjoining a lot on which a building is to be constructed or remodeled, or on which a new use is to be established. Such street improvements shall be required as a condition of building or use permit approval, unless exempt.
2. Exemptions. The following are exempt from the street improvements requirement:
3. Internal remodeling of commercial tenant spaces;
4. Building additions three hundred square feet (300 sq. ft.) or less;
5. Residential basement finishes;
6. Any residential property which obtains an exemption through the conditional use permit process. When an exemption is granted, the property owner shall continue to be responsible for their pro rata share of improvements when those improvements are ultimately made.

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part): Ord. 79-101 § 3-17. Formerly 17.12.170, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

Wherever a front yard is required for a lot facing a street for which an official map has been recorded, the depth of such a front yard shall be measured from the property line provided by the official map. 

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part): Ord. 79-101 § 3-18. Formerly 17.12.180, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

Every lot shall be required to have frontage on a public street that has been deeded or dedicated to the City for use and access by the general public. 

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part): Ord. 79-101 § 3-19. Formerly 17.12.190, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

In every case where territory becomes a part of the City by annexation, the same shall be classified as to which zone it shall be by the City Council upon recommendation by the Planning Commission at the time of the annexation. The criteria used in zoning said newly annexed property shall be as follows:

1. Its current use at the time of annexation;
2. Its proposed future use as designated in the City’s General Plan on the future land use map; or
3. By such other criteria which are commonly used by the City to properly zone property. 

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part): Ord. 79-101 § 3-20. Formerly 17.12.200, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

No structure of any kind shall be permitted within the City’s limits until and unless the tract or parcel of land upon which the structure shall be situated has been platted and the plat has been accepted by the City through those procedures specified for subdivisions in Title R16 of the City’s Code. 

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part): Ord. 79-101 § 3-21. Formerly 17.12.210, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

The purpose of this section is to establish reasonable and uniform regulations to prevent the concentration of adult-oriented businesses or their location in areas deleterious to the health, safety and welfare of the City, and to prevent inappropriate exposure of such businesses to the community. To accomplish this objective, the following standards shall apply:

1. Defined. “Adult entertainment” is defined as any shop, retail business, store, drugstore or other premises of sexually oriented business that caters exclusively to adult persons to the advertised exclusion of minors.
2. Distance Requirements. No adult entertainment business shall be located within a two thousand (2,000) foot radius of any church, park, school, public library, public playground or residential zone, as measured by a straight line without regard to intervening structures. The distance is measured from the property line of the church, park, school, public library, public playground or residential zone nearest the adult business and the property line of the adult business nearest the church, park, school, public library, public playground or residential zone.
3. Distance to Another Adult Entertainment Facility. No adult entertainment business shall be located within a two thousand (2,000) foot radius of another adult entertainment business. The distance is measured from the property line of the adult entertainment business nearest the proposed location of the new adult entertainment business and the property line of the proposed adult entertainment business nearest the established adult entertainment business.

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part), Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

1. Purpose. The purpose of this section is to:
2. Allow the use of internal accessory dwelling units (IADUs) as a permitted use within the City as required by §10-9a-530 of Utah State Code (as amended).
3. Development Standards.
4. Internal Accessory Dwelling Units (IADUs).  For the purposes of this section an internal accessory dwelling unit (IADU) shall mean an accessory dwelling unit created within a primary dwelling; within the footprint of the primary dwelling at the time the IADU is created; and for the purpose of offering a long-term rental of thirty (30) consecutive days or longer.
5. A IADU shall be a permitted use in any area zoned primarily for residential use within the City as required by §10-9a-530 of Utah State code (as amended) except for properties which are less than six thousand square feet (6,000 sq. ft.) in size.
6. Approval for an IADU shall not be granted by the land use authority outlined in this title if an DADU already exists on the subject property. A property which is eligible for either an IADU or a DADU shall be limited to only one (1) accessory dwelling unit. 
7. The property owner shall occupy either the primary dwelling or the IADU as their permanent residence for at least six (6) months of the calendar year if the IADU is to be rented.
8. An IADU shall not shall not be used or operated as a short term rental.
9. A business license is required for all IADUs that will be rented.
10. An IADU shall require a building permit and shall conform to all applicable standards (i.e., building, plumbing, electrical, mechanical, fire, health, and any other applicable federal, state, or local codes). An IADU shall not be permitted if the primary dwelling is served by a failing septic tank.
11. A primary dwelling containing an IADU shall be sited to meet all setbacks, lot coverage, building height requirements, etc., as required by the zone district in which it is located.
12. An IADU may only be located in the following locations:
13. Inside the footprint of the primary dwelling.
14. Over an attached garage, where the primary dwelling has an internal connection to the garage.
15. Attached to the primary by way of an addition to the primary dwelling so long as it does not alter the original character of the primary dwelling.
16. A mobile home, two family, or multi-family dwelling shall not be eligible for an IADU.
17. Only one (1) front door shall be visible from the front yard. Any new entrance(s) shall be located on the side or rear of the primary dwelling.
18. Unless otherwise restricted by §10-9a-530 of Utah State Code (as amended), one (1) additional off-street parking space shall be provided in addition to those required by the primary dwelling to serve the IADU. The City reserves the right to require additional parking to replace any parking spaces previously contained within a garage or carport when those portions of the primary dwelling are converted into an IADU.
19. Violations. Violations of any of the regulations stated in this section shall be processed in accordance with the requirements of §10-9a-530 of Utah State Code (as amended).

HISTORY:

Ord. 2024-441, 12/3/2024

1. Purpose. The purpose of this section is to:
2. Allow opportunities for property owners/homeowners to provide social or personal support for family members where independent living is desirable and offset rising housing costs;
3. Provide for affordable housing opportunities, making housing units available to moderate income households who might otherwise have difficulty finding homes within the City; and
4. Develop additional housing units in areas of the City which are appropriate by establishing and providing regulations that govern the construction and use of accessory dwelling units (ADUs) within the City.
5. Development Standards.
6. Detached Accessory Dwelling Units (DADUs). For the purposes of this section shall be defined as an accessory dwelling unit that is not located within or attached to the footprint of the primary dwelling.
7. A DADU shall be considered as a conditional use in the R-1-10, R-1–20, and RR-1 zone districts only.
8. Conditional approval for a DADU shall not be granted by the land use authority outlined in this Title if an IADU exists on the subject property. A property which is eligible for either an IADU or a DADU shall be limited to only one (1) accessory dwelling unit. 
9. The property owner shall occupy either the primary dwelling or the DADU as their permanent residence for at least six (6) months of the calendar year if the DADU is to be rented.
10. The DADU shall not be used or operated as a short-term rental.
11. A business license is required for all DADUs that will be rented.
12. A DADU shall not be located in a front yard and shall be sited to meet the same setbacks as required for the primary dwelling in the zone district in which it is located.
13. Construction of a DADU shall not exceed the allowable lot coverage standards or building height requirements of the zone district in which it is located.
14. A DADU shall not exceed one thousand two hundred square feet (1,200 sq. ft.) in size, and may not contain more than two (2) bedrooms.
15. A DADU shall require a building permit and shall conform to all applicable standards (i.e., building, plumbing, electrical, mechanical, fire, health, and any other applicable federal, state, or local codes). A DADU shall not be permitted if it will be served by a failing septic tank.
16. Mobile homes, recreational vehicles including park model recreational vehicles, or other portable structures shall not be considered or approved for use as a DADU.
17. A DADU’s design shall be compatible with the exterior color and materials of the primary dwelling.
18. In addition to the parking required for the primary dwelling, a minimum of one (1) additional off-street parking space per bedroom shall be provided. Any additional occupant vehicles shall be parked on-site.
19. Violations. Violations of any of the regulations stated in this section may be cause for revocation of the conditional use permit required by this section.  

HISTORY:

Ord. 2024-441, 12/3/2024

1. Purpose. The purpose of this section is to regulate short-term rentals within the City to ensure compatibility within residential neighborhoods and to ensure short-term rentals won't unreasonably reduce housing opportunities within the City.
2. General Requirements. These regulations shall not apply to hotels, motels, or bed and breakfast establishments.
3. Business License Required.  No person, firm or corporation shall operate or otherwise make available a short-term rental without first obtaining a business license. A business license being sought for a short-term rental shall require annual inspection by the Building Official or their designee to ensure the general health, safety, and welfare of occupants/guests.
4. Conditional Use Permit Required.  All short-term rentals shall obtain a conditional use permit prior to securing a business license. The conditional use permit process outlined in R17.02.040 shall be followed.
5. Standards.
6. A short-term rental shall comply with all adopted construction codes including building, electrical, fire, health, mechanical, and plumbing requirements.
7. In the instance of two-family or multi-family dwellings, there shall be no more than one (1) short-term rental allowed per residential structure. 
8. The use of a residential dwelling as a short-term rental shall not alter in any manner the residential appearance or character of the dwelling or property.
9. Occupancy. The maximum occupancy of a short-term rental shall be calculated at a rate of two (2) occupants per bedroom plus two (2) additional occupants unless the building’s occupancy is otherwise determined by the Building Official pursuant to provisions established in the adopted construction code for health, safety, and welfare reasons.
10. Parking Requirements.
11. All parking required for a short-term rental shall be located on the same lot as the unit licensed as a short-term rental. No on-street parking shall be permitted.
12. Off-street parking shall be provided at a rate of one (1) space per two (2) bedrooms. Off-street parking stalls shall be a minimum of nine feet by twenty feet (9’ x 20’).
13. Parking of recreational vehicles, trailers, boats, or similar vehicles associated with the guest use of a short-term rental shall be provided for on-site.
14. Signs. Signs shall be limited to a single sign, no larger than two square feet (2 sq. ft.) in size, and shall only be mounted on the building. Signs shall not be illuminated. Banners, window signs, posters, flags, exterior lighting or other attention getting devices are prohibited.
15. Short-term rentals shall be subject to all of the City’s adopted ordinances including nuisances, noise, garbage, parking, occupancy, etc. A short-term rental which receives more than three (3) violations for violating City ordinances within any calendar year shall result in the immediate revocation of the conditional use permit and business license.

HISTORY:

Ord. 2024-441, 12/3/2024

1. Structures. Telecommunications facilities including signs, antennas, and towers shall only be permitted if they are related to the health and safety of the general public. All proposed telecommunications facilities and structures shall be submitted by the filing of a complete telecommunications facility application for review by the Planning Commission.
2. Removal.  The Zoning Administrator is empowered to require an unmaintained or abandoned low-power radio services structure to be removed from a building or premises when that antenna has either not been repaired or put into use by the owner, the person having control, or the person receiving the benefit of the structure within thirty (30) calendar days after the notice is given to the owner, the person having control, or the person receiving the benefit of the structure. If removal has not been completed within thirty (30) calendar days, the Zoning Administrator may have the structure removed at the property owner’s expense and, after removal, may place a lien on the subject property for all direct and indirect costs incurred in dismantling and disposing of the structure, including court costs and reasonable attorney fees.
3. Abandonment. The applicant, the applicant’s successor(s) and/or assign(s) and/or the property owner shall be responsible for the removal of unused telecommunications structures within twelve (12) months of abandonment of use. If such structure is not removed by the applicant, the applicant’s successor(s) and/or assign(s), or the property owner, then the City may employ all legal measures necessary to remove the tower. After removal, a lien may be placed on the subject property for all direct and indirect costs incurred in dismantling and disposing of the structure, including court costs and reasonable attorney fees.  

HISTORY:

Ord. 2024-441, 12/3/2024