Chapter 18.50
RESIDENTIAL ZONE – R-3-5000
Sections:
18.50.030 Development standards.
18.50.040 Performance standards.
18.50.050 Clear view of intersecting streets and driveways.
18.50.060 Fences, walls and hedges.
18.50.010 Intent.
The R-3-5000 Residential Zone covers the portion of the city which is most appropriately suited for medium density residential development and professional offices. This zone is generally located by mixtures of one-, two-, and multiple-family dwellings, commingled with professional offices and nonresidential uses such as parks, churches and community buildings intended to serve the residents of the zone and community. The zone is intended to provide a location for medium density residential development and professional offices, but to maintain a suitable environment for family life. Accordingly, retail commercial and industrial activities are not permitted within the zone. [Ord. 2010-5. Code 1988 § 11-5-5.1].
18.50.020 Use table.
The following buildings, structures and uses of land shall be permitted or conditionally permitted upon compliance with the requirements set forth in this code. If a use is not specifically designated then it is prohibited.
|
Use |
Permitted Use |
Conditional Use |
Business License |
|---|---|---|---|
|
Agriculture |
X |
|
|
|
Bed and Breakfast |
|
X |
X |
|
Boarding and Rooming Houses |
|
X |
X |
|
Child Care Facilities |
|
X |
X |
|
Churches |
|
X |
|
|
Duplexes and Two-Family Dwellings |
|
X |
|
|
Electrical Substations |
|
X |
|
|
Fences, Walls and Hedges |
X |
|
|
|
Group Care Homes and Rest Homes |
X |
|
X |
|
Home Occupations |
X |
|
X |
|
Home Child Care Centers |
|
X |
X |
|
Household Pets |
X |
|
|
|
Individual Mobile Homes |
X |
|
|
|
Mobile Home Parks |
|
X |
|
|
Multiple-Family Dwellings |
|
X |
|
|
Parking Lots |
|
X |
|
|
Planned Unit Developments |
|
X |
|
|
Professional Offices |
|
X |
X |
|
Public Agency Parks and Playgrounds |
X |
|
|
|
Public Schools, Buildings, and Grounds |
X |
|
|
|
Religious Institutions |
|
X |
|
|
Residential Subdivision |
|
X |
|
|
Residential Accessory Structures |
X |
|
|
|
Residential Condominium Projects |
X |
|
|
|
Retail Commercial – Limited |
|
X |
X |
|
Short-Term Rental or Vacation Rental |
|
X |
X |
|
Signs |
|
X |
|
|
Single-Family Dwellings |
X |
|
|
|
Small Neighborhood Commercial |
|
X |
X |
|
Small Wind Energy Device |
|
X |
|
|
Solar Energy Device |
|
X |
|
|
Subdivision of Property |
X |
|
|
|
Temporary Building or Yard, Temporary Occupancy of a Dwelling |
|
X |
|
|
Temporary Signs |
X |
|
|
[Ord. 2017-9 § 3; Ord. 2010-5. Code 1988 § 11-5-5.2].
18.50.030 Development standards.
A. All structures shall be set back from any street no less than two feet for every one foot of the structure’s height or 20 feet, whichever is greater, except that on corner lots with garages or carports attached to the main building the setback may be reduced to a minimum of four feet; provided, that the 25-foot sight triangle is not obstructed. See HMC 18.50.050, Clear view of intersecting streets and driveways. The minimum frontage for any lot shall be equal to 50 feet, except that the frontage of any lot may be reduced to 40 feet when:
1. The lot is included as a flag lot within a subdivision approved in accordance with the applicable regulations of the city, and provided the portion of the lot, exclusive of the driveway, is not less than the minimum width and area requirement of the zone.
2. The lot fronts upon a cul-de-sac or curve in a designated city street and the lot lines radiate in such a manner that the width of the lot will meet or exceed the minimum width requirements of the zone at a distance of 60 feet from the front setback line as measured along the side lot line.
B. Accessory Buildings. All accessory buildings shall be set back not less than five feet from the side or rear lot lines, except that no minimum setback shall be required when all the following conditions are met:
1. The accessory building is located more than 10 feet from any existing dwelling on the same or adjacent lot.
2. The accessory building contains no openings on the side contiguous to the lot line.
3. No drainage from the roof will be discharged onto an adjacent lot.
4. The accessory building shall have fire resistive walls rated at two hours or more.
C. Accessory Buildings on Corner Lots. The setback for accessory buildings abutting a street on corner lots shall not be less than 30 feet except that the setback may be reduced to a minimum of four feet; provided, that the 25-foot sight triangle is not obstructed. See HMC 18.50.050, Clear view of intersecting streets and driveways.
D. Determining Height of Buildings and Structures. Height is measured from the finished grade to the square of the building. Uneven heights in ground or building shall use the average elevation thereof. Roofs, chimneys, flagpoles, television antennas, church towers, and similar structures not used for human occupancy shall be excluded in determining height.
E. Size of Dwellings. The ground floor area of any one-family dwelling shall not be less than 720 square feet of living area. Each additional dwelling unit shall be no less than 600 square feet. This square footage is exclusive of open porches, carports, garages and similar add-ons.
F. Width of Buildings. The total length or total width of any building shall not be less than 14 feet as measured from outside wall to outside wall, exclusive of any carport, garage, shed or similar add-on.
|
Lot Type |
Area |
Frontage |
Setbacks |
Height Restrictions |
|---|---|---|---|---|
|
Accessory Building |
|
|
From main building: 10' Side: 5' or 0' (see above) Rear: 5' or 0' (see above) Corner lots: Side abutting street: 30' |
Maximum of 30' or three stories, whichever is greater. 8' minimum height |
|
Boarding and Rooming Houses |
|
|
Interior lots: Front: 20' (see above) Side: Minimum 6' Total two sides: 16' Rear: 20' Corner lots: Front and side abutting a street: 20' Interior side: 6' Rear: 20', can be reduced to 4' for garages and carports |
Maximum of 30' or three stories, whichever is greater. 8' minimum |
|
Churches |
|
|
Front: 20' Side: Minimum 6' Total two sides: 16' Rear: 20' |
Maximum of 30' or three stories, whichever is greater. 8' minimum height |
|
Multiple-Family Dwellings Units |
7,000 sq. ft. for the first two units and an additional 2,200 sq. ft. for each additional unit. |
70' measured 20' back from the front property line |
Interior lots: Front: 20' (see above) Side: Minimum 6' Total two sides: 16' Rear: 20' Corner lots: Front and side abutting a street: 20' Interior side: 6' Rear: 20', can be reduced to 4' for garages and carports |
Maximum of 30' or three stories, whichever is greater. 8' minimum height |
|
Professional Offices |
|
|
Interior Lots: Front: 20' (see above) Side: Minimum 6' Total two sides: 16' Rear: 20' Corner lots: Front and side abutting a street: 20' Interior side: 6' Rear: 20', can be reduced to 4' for garages and carports |
Maximum of 30' or three stories, whichever is greater. 8' minimum height
|
|
Retail Commercial – Limited |
|
|
Interior lots: Front: 20' (see above) Side: Minimum 6' Total two sides: 16' Rear: 20' Corner lots: Front and side abutting a street: 20' Interior side: 6' Rear: 20', can be reduced to 4' for garages and carports |
Maximum of 30' or three stories, whichever is greater. 8' minimum height |
|
Schools |
|
|
Front: 20' Side: Minimum 6' Total two sides: 16' Rear: 20' |
Maximum of 30' or three stories, whichever is greater. 8' minimum height |
|
Single-Family Dwelling or Religious Institution (excluding churches) |
5,000 sq. ft. |
50' measured 20' back from the front property line |
Interior lots: Front: 20' (see above) Side: Minimum 6' Total two sides: 16' Rear: 20' Corner lots: Front and side abutting a street: 20' Interior side: 6' Rear: 20', can be reduced to 4' for garages and carports |
Maximum of 30' or three stories, whichever is greater. 8' minimum height |
|
Two-Family Dwelling Units |
7,000 sq. ft. |
70' measured 20' back from the front property line |
Interior lots: Front: 20' (see above) Side: Minimum 6' Total two sides: 16' Rear: 20' Corner lots: Front and side abutting a street: 20' Interior side: 6' Rear: 20', can be reduced to 4' for garages and carports |
Maximum of 30' or three stories, whichever is greater. 8' minimum height |
[Ord. 2010-5. Code 1988 § 11-5-5.3].
18.50.040 Performance standards.
The following special provisions shall apply to uses within this zone:
A. The space required around buildings and structures shall be kept free from refuse and debris.
B. All buildings used for human occupancy shall be furnished with a public water supply and shall be constructed in accordance with the adopted building, plumbing, electrical and fire prevention codes.
C. All buildings and uses within this zone shall comply with all applicable supplementary regulations.
D. At least 70 percent of the area contained within a required front yard or side yard adjacent to a street shall be landscaped.
E. Prior to the issuance of a building permit for any office structure or any dwelling containing three or more dwelling units a site plan shall be submitted and approved in accordance with the provisions of Chapter 18.15 HMC, Administration and Enforcement. [Ord. 2010-5. Code 1988 § 11-5-5.4].
18.50.050 Clear view of intersecting streets and driveways.
A. In all zones which require a front setback, obstructions which will not afford automobile drivers a clear view of approaching vehicles or pedestrians at street intersections shall be prohibited within a triangular area formed by the street property lines and a line connecting them at points 25 feet from the point of intersection of said street lines.
B. Such obstructions which will not afford automobile drivers a clear view of approaching vehicles or pedestrians at driveway entrances shall likewise be prohibited within a triangular area formed by the street property line and the edge of the driveway, with a line connecting them at points 25 feet from the point of intersection of the driveway and the street.
C. All driveways and roadways fronting on or intersecting with State Highway 6 shall prohibit all obstructions which will not afford automobile drivers a clear view of approaching vehicles or pedestrians within a triangular area formed by the State Highway 6 street line and the intersecting street line or edge of the driveway, with a line connecting them at points 45 feet from the point of intersection of State Highway 6 and the street or driveway. [Ord. 2010-5. Code 1988 § 11-5-5.5].
18.50.060 Fences, walls and hedges.
A. No fence, wall or continuous hedgerow within the front setback from any street as required in the applicable zone shall exceed a height of four feet. Fences, walls, and hedgerows at greater than the required minimum setback distance may be constructed to a height not to exceed eight feet. Under no circumstance shall any fence, wall or hedgerow be permitted which is in violation of HMC 18.50.050.
B. All fences and walls shall be constructed of substantial material and the design and construction shall be consistent with the quality of dwellings and other improvements within the surrounding area. Construction of fences or walls which exceed six feet in height shall be subject to the standards and requirements of the International Building Code as adopted by Helper City. [Ord. 2010-5. Code 1988 § 11-5-5.6].
18.50.070 Landscaping.
A. Front yards and side yards of all buildings which front on public streets must be landscaped except that up to 25 percent of the front or side yard which faces on a public street may be devoted to driveways and off-street parking.
B. On lots where front and side yards are not required, no landscaping shall be required. [Ord. 2010-5. Code 1988 § 11-5-5.7].
18.50.080 Signs.
A. Setback. All permanent signs, including billboards and advertising signs, shall be set back from public streets a distance at least equal to the distance that buildings are required to be set back, except that canopy signs, projecting signs, marquee signs, and awning signs may project into the required setback as stated in Article I of Chapter 18.95 HMC.
B. Screening Requirements. Except in those zones where billboards are specifically permitted, all signs shall display thereon copy and images pertaining only to products or services sold on premises.
C. Permits Required. No billboard or advertising sign shall be erected or placed within the city, without first making application for and obtaining a building permit therefor. In addition, all signs located within 660 feet of the right-of-way line of a federally designated highway shall conform to the standards and regulations for such signs established by the state of Utah. Any approval or permits required by said regulations shall be in addition to the building permit hereinabove required and construction or placement of a sign shall not be commenced until all approvals and permits have been obtained.
D. A-Frame Sign Permitted. One A-frame sign, each face of which is no larger than 24 square feet, will be permitted on city property at each business location in the central commercial and general commercial zones without requiring a building permit. Said sign must be removed from public property after business hours. No signs may obstruct the normal passage of pedestrian traffic on public sidewalks at any time. [Ord. 2010-5. Code 1988 § 11-5-5.8].