10-12-1 Use Regulations

A. Land Use Chart: Land and buildings in each of the following zones may be used for any of the following listed uses but no land shall hereafter be used, and no building or structure shall hereafter be erected, altered or converted which is arranged or designed or used for other than those uses specified for the zone in which it is located, as set forth by the following use chart and indicated by: P Permitted use C Conditional permitted use “ “ Not permitted (absence of any symbol/letter or listing) H Home occupation use permit required Column Heading (Zone) Key: A R-1-8 C PR SCPUD CP Agricultural Residential Commercial Parks, Recreation and Open Space Senior Citizen Planned Unit Development Commercial Parking Land Use Description Table 1, Land Use Chart A R Residential 1. Dwelling, single family detached P P 2. Dwelling, single family attached 3. Dwelling, two family 4. Dwelling, Multi Family 5. Residential Facility for Elderly Persons C C 6. Residential Facility for Persons with a Disability C C 7. Apartment (within owner occupied structures in A P P and R zones) 8. Flag Lot C 9. Accessory Dwelling Unit (ADU) (8-2026, 9-1-26) P C PR SCPUD CP P P P P P P Land Use Description (Lines 10-14, intentionally left blank) A R C PR SCPUD CP Accessory and Incidental Uses 15. Accessory Building P P P P P 16. Accessory Agricultural Building P 17. Private Swimming Pool C C C C 18. Solar Panels P P P P P 19. Livestock, Livestock Corral P 20. Off street Parking incidental to main use P P P P P P 21. Household Pets P P C P 22. The keeping of three or more dogs or cats C C C 23. Exceptions to Height Requirements Allowed (see C C C C 10-13-10) 24. Sports Court Fencing C P 25. Beekeeping, 2 colonies P P 26. Beekeeping, 3 or more colonies C C (Lines 27-29, intentionally left blank) Institutional and Special Service Uses 30. Rest Home, Nursing Center C C P 31. Nursery, Day Care Center (4 or more persons) C C C 32. Home occupation H H H 33. Library, Archives, Cultural Center, Museum C C P C 34. Public Building/Agency C C P C 35. Utilities, public or private C C C C 36. Utility Shops, Storage Yards C C C 37. Tennis, Swim Club, Private P P 38. Water Well, Reservoir, Storage Tank C C P C 39. Church C C P C 40. School, public or private C C C C 41. Home-based Microschool (7-2024, 11-19-24) P P P P 42. Micro-Education Entity (7-2024, 11-19-24) P P P P 43. Cemetery P (Lines 44-49, intentionally left blank) Commercial and Retail Uses 50. Hotel/Conference Center 51. Motel 52. Gasoline Sales, Car Wash 53. Antique or Collectible Shop 54. Book or Stationary Store 55. Bank, Savings and Loan, Credit Union 56. Barber or Beauty Shop 57. Bakery or Confectionery Shop, Retail Sales 58. Bed and Breakfast Inn 59. Cafeteria, Restaurant, Fast Food 60. Camera, Photography Studio 61. Clinic, Medical, Dental 62. Drug Store or Pharmacy 63. Department or Retail Store 64. Florist Shop 65. Farmers Market 66. Garden Shop, Plant Sales, Nursery 67. Hobby Shop 68. Kennel 69. Laundry or Self-Service Laundry 70. Movie Theater, Indoor Recreation 71. Professional Office1 P P C P P P H H P P C C P P H P P P P P P C P P P C C C P P C P Land Use Description 72. Optical Shop A R C PR SCPUD CP P 73. Pet Shop for small animals, birds P 74. Personal Custom Services, Tailor, Milliner, etc. H P 75. Shoe and Shoe Repair H P 76. Studio, Health, Exercise, Dance, Music, Drama H P 77. New Car Sales P 78. Brew Pub C 79. Restaurant w/Liquor License C 80. Adult-Oriented Business C 81. Body Art H C 82. Short Term Vacation Rental (STVR), Owner H H H Occupied (2-2019, 5-28-19) 83. Short Term Vacation Rental (STVR)2 C C 84. Auto Repair3 C C P (Lines 85-90, intentionally left blank) Agricultural and Related Uses 91. Orchard for commercial use P 92. Crop production for sale P 1Only a structure that is residential in appearance and maintains the character of the existing neighborhood in style and heights can be used for a professional office in a residential zone. An office building that is commercial in appearance cannot be constructed in a residential zone. (4-2010, 7-13-10) (1-2015, 6-23-15) (1-2016, 3-22-16) (4-2018, 10-9-18) (3-2020, 5-19-20) 2Maximum occupancy for an STVR shall be no more than two (2) people per bedroom and up to two (2) residents in one (1) non-bedroom space. An updated contact list of the owners must be submitted to the city office. Sufficient paved off-street parking must be available for all quest vehicles. All parking will be reviewed before a CUP is granted. (All winter parking must comply with city ordinances). The STVR owner is responsible for regulating noise generated by visitor stays. No STVR can be within 300 feet of another STVR. Landscape must be maintained and comply with River Heights City landscaping ordinances. Property owners may contract with third parties, including tenant agreements, to provide management and maintenance services required under this section, however property owners shall remain liable for any deficiencies or violations of this section. STVR owners must have primary residency in River Heights City. (1-2024, 2-20-2024) 3A maximum of two (2) vehicles to be repaired may be on the premises at any given time and must be repaired within an enclosed building. A vehicle being transported to or from the premises may be outside of the building for no more than fourteen (14) consecutive calendar days. Proper containment and disposal of all hazardous materials must be in accordance with state regulations. (11-2021, 12-7-21) B. Zone Regulation Requirements 1. A Zoning Clearance Permit is required when constructing or adding a structure to the property. Structures include, but are not limited to: house, house addition, garage, carport, shed, deck, ground mounted solar panels, swimming pool, commercial building, covering for a deck, patio or porch (see 10-3-4). 2. One application is required per structure and per person. 3. The public works director and zoning administrator will sign permit or respond to applicant within 10 working days. 4. Failure to comply with restrictive covenants (including any limiting conditions contained on a recorded plat map) and/or situational safety concerns shall be grounds for denial of a Zoning Clearance Permit. 5. Applicant should consult Cache County Building Department to determine if a building permit is required. (2-2019, 5-28-19) C. Classification of New and Unlisted Uses; Procedure: Should the zoning administrator and the building inspector determine that a type or form of land use which an applicant is seeking to locate in the city does not appear as a permitted or conditional use, he or she shall refer the request to the planning commission which shall determine the appropriate classification as follows: 1. Should the commission determine that the new or unlisted use for all intents and purposes, is listed under another name or category, they shall so inform the zoning administrator to proceed accordingly; or (5-2025, 11-18-25) 2. The planning commission shall gather facts concerning the nature of the use, types of activities, impacts, etc., and shall transmit its findings and recommendations to the city council, who shall amend the land use chart. (Ord., 1-22-2002) (2-2021, 6-1-21) D. Uses Prohibited in Zones Unless Expressly Permitted: This title prohibits uses of land other than those expressly permitted within this title, excepting uses permitted by action of the planning commission and pursuant to express authority under the terms of this title. The planning commission and appeal authority shall not permit a use within a zone, which is not expressly permitted by the terms of this title, unless it can be shown that the use is similar to other uses permitted in the zone. (Ord., 1-22-2002; amd. Ord. 0-01-13, 1-11-2005, eff. retroactive to 11-26-2002; Ord. 04-12-14, 1-11-2005, eff. retroactive to 12-14-2004)