Randolphtown Development Code

RANDOLPHTOWN DEVELOPMENT CODE

TABLE OF CONTENTS

CHAPTER 1TITLE PURPOSE AND EFFECTIVE DATE

I-I_ Authority

I-II_ Purpose

I-III_ Applicability

I-IV_ Building Permits Required

I-V_ Exemptions

I-VI_ Repeal of Existing Ordinance and Effective Date

I-VII_Expectations for Public Infrastructure and Service

CHAPTER 2DEVELOPMENT EVALUATION STANDARDS

II-IPurpose

II-IIAgricultural

II-IIIWater and Sewage

II-IVNatural Resources

II-VTown Infrastructure, Facilities and Services

II-VIInfrastructure Design and Maintenance

CHAPTER 3ZONING DISTRICTS AND REQUIREMENTS

III-IEstablishment of Zone Districts

III-IICommercial

III-IIIResidential-Agricultural

III-IVZone District Map

III-VAllowed, Conditional, and Temporary Uses

III-VIChart of Allowed and Conditional Uses

CHAPTER 4DEVELOPMENT REVIEW PROCESSES AND PROCEDURES

IV-IPurpose

IV-IIConditional Use Review

IV-IIITemporary Use Review

IV-IVZoning Variances

CHAPTER 5 AMENDMENTS TO CODE AND ZONE DISTRICT MAP

V-IAuthority

V-IIInitiation of Amendments

V-IIIAmendment Procedures

CHAPTER 6GENERAL REGULATIONS

VI-IPublic Hearing Requirements

VI-IINonconforming Uses, Structures and Lots

VI-IIIHome Occupations

VI-IVSigns

VI-VAccessory Dwelling Units

VI-VIStorage Sheds, Commercial Storage and Warehousing

VI-VIIRe-application Following Denial

VI-VIIIFailure to Comply with Conditions

VI-IXIssuance of Building Permits

CHAPTER 7GENERAL PROVISIONS

VII-IShort Title

VII-IIStatement of Purpose

VII-IIIApplicability

VII-IVDevelopment Review Fees

VII-VPlanning Commission

VII-VIJoint Planning

VII-VIIBoard of Adjustment

VII-VIIIConflict

VII-IXEffect on Previous Ordinances

VII-XPenalty and Enforcement

VII-XIInterpretation

VII-XIISeverability

VII-XIIIVested Rights Determination

VII-XIVRemedies

VII-XVAppeal Procedures

APPENDIX ADEFINITIONS

APPENDIX BEFFECTIVE DATE

CHAPTER 1

TITLE, PURPOSE, AND EFFECTIVE DATE

SECTIONS:

I-I Authority

I-IIPurpose

I-IIIApplicability

I-IVBuilding Permits Required

I-VExemptions

I-VIRepeal of Existing Ordinance and Effective Date

I-VIIExpectations for Public Infrastructure and Service.

I-I: AUTHORITY:

The Town Board of Randolph, Utah adopts this ordinance pursuant to Utah Code, law, and all other authorities and provisions of Utah statutory and common law are applicable.

I-II: PURPOSE:

The purpose of this ordinance is to implement the goals and policies of the town of Randolph General Plan. This ordinance contains standards, provisions and requirements intended to protect the health, safety and welfare of the citizens of the town of Randolph by ensuring that neighbors, adjacent and neighboring properties are protected from potential negative impacts in the development and use of land and resources. It is the intent if this ordinance to provide a means of ensuring predictability and consistency in the use of land and individual properties, and guide and direct the development of land. These purposes are met by:

Providing the means of implementing the various policies and other provisions of Randolph’s General Plan.

Generally directing and guiding land development so more intense development is located in areas of the town having the necessary services and facilities sufficient to meet the demands of the proposed development.

Promoting the public health, safety and general welfare by regulation the location and use of buildings, structures and land for residential, agricultural, commercial and other specified uses.

Protecting landowners from potential adverse impacts from adjoining uses.

Directing and managing, through the establishment of use districts, the type, distribution and intensity of activity.

I-III: APPLICABILITY:

No building may be erected and no existing building shall be altered or enlarged nor shall any land, building or premises be used, designed or intended to be used for any purpose or in any manner other than allowed by this ordinance.

The provisions of this ordinance shall apply to all lands within the town of Randolph, Utah, as indicated on the town’s official zoning district map, accompanying and incorporated herein by reference.

The provisions of this ordinance shall be held to be the minimum requirements necessary to protect the public health, safety and welfare of the citizens of Randolph. Additional requirements may be apposed by the Mayor, Town Board, Board of Adjustment, and the planning and zoning commission to more fully ensure the public health, safety and welfare of the residents of the town are protected. The town is authorized to enter upon any land at reasonable times to make examinations and surveys pertinent to the preparation of its general plan and land use ordinances and the enforcement thereof.

I-IV: BUILDING PERMITS REQUIRED:

No construction or demolition shall occur except pursuant to a valid issued, un-expired and un-revoked building permit. The permittee shall proceed only in accordance with the approved building permit and any approved conditions.

For any construction exempt from the requirements for a building permit, as allowed by state law, the Building Inspector may require the submission of documents that may be necessary to ensure compliance with the provisions of state law and this ordinance.

I-V: EXEMPTIONS:

The following properties, uses and structures shall, to the extent provided by law, be exempt from the provisions of this code:

Properties owned and operated by the Federal, State, and local government.

School districts to the extent provided by Section 17-27a-305 of the Utah Code.

Where state or federal law requires that the agency take steps to comply with all applicable local regulations, this exemption shall not be construed to abrogate that requirement.

I-VI: REPEAL OF EXISTING ORDINANCE AND EFFECTIVE DATE:

The Town of Randolph zoning ordinance of 1994 with all subsequent amendments as codified, with the exception of all maps which are part of that ordinance, is hereby superseded, repealed and amended to read as set forth in this ordinance, as adopted by the Randolph Town Board. This ordinance shall take effect immediately following its adoption by the Randolph Town Board.

I-VII: EXPECTATIONS FOR PUBLIC INFRASTRUCTURE AND SERVICES:

Memorandum of Understanding Required: Although the Town of Randolph endeavor to provide reasonable and appropriate infrastructure and services which adequately serve allowed land uses within the town of Randolph, certain new buildings/structures and developments, because of location, will not be easily served by the town or special districts. If a person chooses to construct a new residential or commercial structure the owner shall acknowledge in writing (titled “Memorandum of Understanding) at the time of development approval.

Recording: This acknowledgment shall be deemed to run with the land and, as such, shall be recorded at the developer/owners expense in the records of the CountyRecorder to provide notice to future property owners regarding service level expectations.

CHAPTER 2

DEVELOPMENT EVALUATION STANDARDS

SECTION:

II-IPurpose

II-IAgriculture

II-IIIWater and Sewage

II-IVNatural Resources

II-VTown Infrastructure, Facilities and Services

II-VIInfrastructure Design and Maintenance

II-I:PURPOSE:

The purpose of this chapter is to establish a set of development guidelines applicable to any development within the Town of Randolph. These guidelines are necessary and desirable in order to: a) protect the town’s rural, agricultural, small town character and lifestyle; b) protect the natural resources and ecologically and environmentally sensitive areas of Randolph; and, c) facilitate the efficient use of the land in relation to the town’s ability to ensure the availability of adequate services and infrastructure.

Standards; Compliance: The following standards shall be applied to the review of any development application submitted in accordance with the provisions of this title. Nothing in this chapter shall be construed to prevent the town from allowing an applicant to propose and agree to implement acceptable and suitable solutions to such impacts which otherwise result in a finding of noncompliance with these standards.

II-II:Agriculture:

Plat notes and Memorandums: Non-agricultural development shall not be approved without appropriate plat notes and memorandums of understanding, that educate new residents of the presence of agricultural operations in Randolph and protect the rights of farmers and ranchers to actively conduct normal operations associated with the farm or ranch.

Minimization of Complaints: Non-agricultural development shall not be approved in an agricultural area without appropriate efforts from the developer to minimize potential complaints from future residents of the development regarding noise, odor, length of work hours, and the normal characteristics of the agricultural operation.

Irrigation Patterns and Systems: Non-agricultural development shall preserve the integrity of existing irrigation patterns and systems. Surface irrigation ditches shall be mapped and easements of record created.

II-III:WATER AND SEWAGE:

Capacity and Capability: No new development or building permit for a previous platted lot, for which water will be provided by the town of Randolph, will be approved until the service provider has submitted proof demonstrating that it has the capacity and capability to serve the development/lot and that it is committed to providing the service.

Sewage Collection: New residential, and commercial development shall not be approved until proper inspection of the sewage collection system has been established. No sewage collection systems shall be approved in the vicinity of existing well and spring protection zones, which are used for domestic consumption purposes, without a contained sewage collection and disposal system.

Adequate Water: No residential or commercial development shall be approved without adequate water quantity, pressure and dependability to support the use intended and to provide for protection from fire.

II-IV: NATURAL RESOURCES:

Unsuitable Development: No land shall be considered for a development which is found, on the basis of engineering or geologic data, to be unsuitable for the activity or use proposed and that approving the use at the proposed locations is likely to be harmful to the public health, safety or welfare.

Flood plain: Development shall be strongly discouraged in an area where there is a high flood plain or high water table. Such development must meet the requirements of the Federal Emergency Management Agency, and it shall not significantly alter the natural drainage patterns of the land.

Natural Grade Slopes: No development shall be permitted on natural grade slopes in excess of thirty percent (30%).

Drainage: The integrity of existing and natural drainage patterns shall be preserved so that the aggregate of future public and private development activities will not cause storm drainage and flood water patterns to exceed the capacity of natural or constructed drainage ways, or to subject other areas to increased potential for damage by flood, erosion or sedimentation.

Air Quality: Development shall not contribute significantly to the degradation of air quality in the Town, including violation of any applicable state pollution control laws.

Noise Limits: Non-agricultural development shall not generate noise equal to or exceeding sixty decibels (60 dB) at its property line which would result in materially adverse impacts relating to the use of the land in question or adjacent land or its occupants.

II-V:TOWN INFRASTRUCTURE, FACILITIES AND SERVICES:

Impact: Development shall be evaluated to determine its impact on the quality of public services, facilities or programs provided to the general public or portions thereof. It is the policy of the Town to ensure that the financial integrity of existing town and/or special service programs is not in jeopardized by over extension, inadequately or poorly phased use levels or lack of revenue base as a result of new development. Any adverse impacts caused by the development shall be minimized.

Traffic Volume: No development shall cause the traffic volume on any public road or intersection thereon to fall below the design capacity of the roadway.

Fire Hazard: Any development that, due to size, building materials or proximity to vegetation, presents an unusual fire hazard which is beyond the firefighting capability of the fire district within which is located is inappropriate and will not be approved by the town.

II-IV: INFRASTRUCTURE DESIGN AND MAINTENANCE:

Rural Standards: The Town of Randolph shall maintain rural infrastructure design standards. Infrastructure that is not consistent with these standards is not appropriate. Roadways shall be designed, engineered and constructed so as to minimize future maintenance costs.

B.Traffic hazards: No development shall be approved which will create traffic hazards or which does not provide adequate access for service vehicles and emergency vehicles, including fire trucks, ambulances and police vehicles.

C. Traffic Volume: No development shall be approved which generates traffic volumes the require roads to be built or existing roads to be expanded in a manner not consistent with the rural infrastructure.

CHAPTER 3

ZONING DISTRICTS AND REQUIREMENTS

SECTION:

III-IEstablishment of Zone Districts

III-IICommercial (C)

III-IIIResidential-Agricultural (R)

III-IVZone District Map

III-VAllowed, Conditional and Temporary Uses

III-VIChart of Allowed and Conditional Uses

III-I: ESTABLISHMENT OF ZONE DISTRICTS:

In order to carry out the purposes and provisions of this chapter, the following zone districts are permitted within the area of the Town of Randolph.

Commercial (C)

Residential- Agricultural (R)

III-II: COMMERCIAL(C)

District Intent: This zone is established for the purposes of providing the general public with access to a limited range of neighbor hood commercial and service related uses necessary to support the needs of residents in the surrounding area. This zone districts allows existing commercial uses to be expanded and new commercial uses to be established within the commercial zone of the town centerarea. All commercial uses exceeding 2,000 square feet are reviewed through the Conditional Use review process.

Existing Legal Nonconforming Conditional Uses: Existing legal nonconformingcommercial uses not located within a commercial zone district may continue to be enlarged, expanded, and/or remodeled in accordance with the code and the Commercial Use Criteria listed in Subsection C hereunder.

Commercial Zone Use and Criteria: New Commercial uses shall not be established nor shall existing commercial uses be expanded within the commercial zone unless the use complies with all the following criteria:

The commercial use provides goods and/or services and employment opportunities to the residents of Randolph.

2.There is sufficient off-street parking at a minimum ratio of 2 spaces per 1000 square feet of floor area with adequate circulation and convenient access to the property without hazards and conflicts in residential neighborhoods. Special considerations in regards to parking shall be considered through the Conditional use review process.

Public services (water, electric, gas, phone, etc.) Are readily available to the property and can be provided at adequate levels to serve the demands of the commercial use without negatively impacting the level of service to adjoining uses or existing businesses as determined infrastructure analysis.

The property does not contain any sensitive lands that are negatively impacted by the commercial use.

The commercial use is compatible and consistent with or supports other nearby uses and/or property conditions.

The commercial use will not substantially alter the essential character of the surrounding area.

The commercial use will not substantially increase the danger of fire or otherwise endanger public safety, or substantially diminish the enjoyment of surrounding properties.

A Site Plan, and Operational Management Plan will be required as part of any conditional use, rezoning or expansion of a commercial use to fully address potential impacts to neighboring uses or the community at large.

D. Floor area and Lot Coverage: Floor area and lot coverage have no restrictions and/or requirements.

E. Lot Width: Lot Width has no restrictions and/or requirements.

F. Setback Requirements: Minimum front yard setbacks have no restrictions and/or requirements. Minimum side yard setbacks have no restrictions and/or requirements. Minimum rear yard setbacks have no restrictions and/or requirements.

G. Building Height: Maximum building height measured from ground level to roof ridge shall be thirty (30) feet unless additional height is required for the commercial use and is approved by the fire district and is determined to be compatible with adjacent buildings and uses. In no case shall the building height exceed fifty (50) feet.

H. Special Requirements: Special landscape screening and other buffer requirements, to the extent practical and reasonable, may be required to minimize the impact on adjacent uses. Special screening and buffer requirements shall be determined through the Conditional Use Review processes.

I.Accessory Buildings: Accessory buildings for commercial use are permitted. Minimum front, and side yard setbacks are not restricted. Minimum rear yard setbacks shall have no restrictions and/or requirements.

J. Utility Sheds: Utility sheds for commercial use are permitted. Minimum front, and side yard setbacks have no restrictions. Minimum rear yard setbacks shall have no restrictions and/or requirements. Maximum size of utility shed shall not exceed one-hundred and twenty (120) square feet. Maximum height of utility shed shall not exceed twelve (12) feet.

III-III: Residential-Agricultural(R)

D.District Intent: This zone is established for the purposes of providing to the general public housing and homes to reside in. This zone is also established to conserve and protect agricultural and other land uses, foster orderly growth within a rural township, and prevent agricultural land use conflicts.

E.Existing Legal Nonconforming Residential-Agricultural Uses: Existing legal nonconforming residential-agricultural uses existing within a residential-agricultural zone district may continue to be enlarged, expanded, and/or remodeled in accordance with the Code and the Residential-Agricultural Use Criteria listed in Subsection C hereunder.

Residential-Agricultural Zone and Use Criteria: New residential-agricultural uses shall not be established nor shall existing residential-agricultural uses be expanded within the commercial zone unless the use complies with all the following criteria:

The residential-agricultural use provides general public housing and homes to reside in.