17-2-18 “R” definitions.
“Radio station” means an establishment engaged in transmitting oral programs to the public and that consists of a studio, transmitter, and antennas.
“Rain shut-off device” means a device wired to the automatic controller that shuts off the irrigation system when it rains.
“Razor wire” means strands of fence wire with sharp pieces of metal fixed along its length, used for fences and barriers.
“Rear lot line” means the property line opposite the front lot line.
“Rear yard” means the area between the rear line of the closest building and the rear lot line, or closer right-of-way, and extending the full width of the lot. The depth of the rear yard is the minimum distance between the rear lot line and the rear line of the primary structure.
“Record of survey map” means a graphic illustration of a survey of land prepared in accordance with state laws.
“Recreational amenity” means an area which provides for leisure or sporting activities such as a tot lot, sport court, club house, pool, picnic benches, walking paths, barbecue area, volleyball courts and other similar facilities.
Recreation facilities, commercial. See “Commercial recreation facilities.”
Recreation facilities, public. See “Public recreation facilities”
“Recreational transport trailer” means a trailer used to transport boats, personal watercraft, jet skis, and other floating recreational objects, race cars, golf carts, ATVs, motorcycles, and other motorized recreational vehicles, bicycles and other nonmotorized recreational modes of transport, snowmobiles, or other primarily recreational objects, including non-farm-related animal trailers.
“Recycling center” means an enclosed building used for storing recyclable material and unenclosed premises on which recyclable material is stored for one week or less.
“Reference evapotranspiration rate or ETO” means a standard measurement of environmental parameters which affect the water use of plants. ETO is expressed in inches per day, month or year and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall cool season grass that is well watered. The average annual ETO for the city of Midvale is twenty-seven inches.
“Refractive light source” means a light source that controls the vertical and horizontal foot candles and eliminates glare.
“Religious, educational institute” means a 28 U.S.C. 501(c) nonprofit organization engaged in teaching, community programs, or spiritual endeavors, which qualifies as a tax-exempt religious institution under Title 28 of the U.S. Code.
“Research and development use” means a use that includes light and high technological industries, such as biotechnology, nonpolluting light manufacturing, computer technology and communications equipment establishments. This does not include uses with any significantly adverse impacts (such as excessive noise levels, or emitting significant quantities of dirt, dust, odor, radiation, glare or other pollutants).
“Residential facility for elderly persons” means a residence in which more than one elderly person resides, not including a health care facility as defined by Section 26-21-2 of the Utah Code Annotated. A “residential facility for elderly persons” shall be regulated as follows:
A. A “residential facility for elderly persons” shall not include any facility:
1. Operated as a business; provided, that such facility may not be considered to be operated as a business solely because a fee is charged for food or for actual and necessary costs of operation and maintenance of the facility;
2. Where persons being treated for alcoholism or drug abuse are placed;
3. Where placement is not on a strictly voluntary basis or where placement is part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional institution;
4. Which is a health care facility as defined by Section 26-21-2 of the Utah Code Annotated; or
5. Which is a residential facility for persons with a disability.
B. A residential facility for elderly persons shall:
1. Be a permitted use in every zoning district which allows residential uses;
2. Meet all applicable building, safety, land use, and health ordinances applicable to similar dwellings;
3. Be subject to the same minimum site development standards as those for a single family dwelling or dwelling unit in the zone in which the facility is located; and
4. Be capable of use as such facility without structural or landscaping alterations that would change the structure’s residential character.
C. The use granted and permitted by this section is nontransferable and terminates if the structure is devoted to a use other than as a residential facility for the elderly, or if the structure fails to comply with the applicable health, safety, and building codes.
“Residential facility for persons with a disability” means a residence in which more than one person with a disability resides and:
A. Is licensed or certified by the Department of Human Services under Title 62A, Chapter 2, Licensure of Programs and Facilities; or
B. Is licensed or certified by the Department of Health under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act.
A “residential facility for persons with a disability” shall be a permitted use in any zoning district where a dwelling is allowed. Each such facility shall conform to the following requirements:
A. The facility shall comply with all building, safety, and health regulations applicable to similar structures. As part of this requirement the following site development standards and parking standards shall be applicable:
1. Each facility shall be subject to minimum site development standards applicable to a single family dwelling or other similar dwelling in the zone in which the facility is located; and
2. The minimum number of parking spaces required for a residential facility for persons with a disability shall be the same as those for a single family dwelling located in the same zoning district in which the facility is located.
B. No facility shall be made available to an individual whose tenancy would:
1. Constitute a direct threat to the health or safety of other individuals, or
2. Result in substantial physical damage to the property of others. It is not the intention of this definition to establish any legal basis for tort liability on the part of the facility operator.
C. Prior to the occupancy of any facility, the person or entity licensed or certified by the department of human services or the department of health to establish and operate the facility shall provide to the zoning administrator:
1. A copy of such license or certification; and
2. A sworn affidavit that no person will reside or remain in the facility whose tenancy would likely:
a. Constitute a direct threat to the health or safety of other individuals, or
b. Result in substantial physical damage to the property of others.
D. The use permitted by this section is nontransferable and shall terminate if:
1. The facility is devoted to a use other than a residential facility for persons with a disability;
2. The license or certification issued by the department of human services or the department of health terminates or is revoked; or
3. The facility fails to comply with this section.
None of the foregoing conditions shall be interpreted to limit any reasonable accommodation necessary to allow the establishment or occupancy of a residential facility for persons with a disability. Any person or entity who wishes to request a reasonable accommodation shall make application to the zoning administrator and articulate in writing the basis for the requested accommodation. Each application for a reasonable accommodation shall be decided within thirty days. If a request for a reasonable accommodation is denied, such decision may be appealed to the board of adjustment in the manner provided for appeals of administrative decisions.
“Residential parking” means a parking area or structure used exclusively for residential, noncommercial uses.
“Restaurant” means a business in which food is prepared and sold for consumption.
Restaurant, drive-through. See “Drive-through restaurant.”
“Retail and service commercial” means a business primarily engaged in the sale or rental of goods, merchandise, or services directly to the consumer, and includes no outdoor storage. These uses do not include vehicle or large equipment rental, sales, repair or assembly. Uses include department, grocery, variety and drug stores; art galleries; bakeries; barbershops; jewelry stores; florists; auto parts stores; business, personal and social services; and similar uses. These uses may include twenty-four-hour uses and drive-up windows.
“Retail tobacco specialty business” means the same as that term is defined and amended in Section 10-8-41.6 of the Utah Code Annotated.
“Right-of-way” means a strip of land dedicated to public use that is occupied, or reserved to be occupied, by a street, crosswalk, trail, stairway, railroad, road, utilities, or for another special use.
“Road classification” means the streets, highways, roads, and rights-of-way designated on the streets master plan.
“Road right-of-way width” means the distance between property lines measured at right angles to the centerline of the street.
“Roof” means the building element which covers the top of the structure as the walls enclose the sides.
“Roof sign” means a sign which is erected partly or wholly on the roof of the building.
“Roof-mounted antenna” means an antenna or series of individual antennas mounted on the roof of a building.
“Runoff” means irrigation water that is not absorbed by the soil or landscape area to which it is applied and which flows onto other areas. (Ord. 2024-01 § 1 (Att. E); Ord. 2020-02 § 1 (Att. A (part)); Ord. 2019-03 § 1 (Att. B (part)); Ord. 1/06/2009O-2 § 1 (part); Ord. 7/11/2006O-9 § 1 (part); Ord. 6/20/2006O-8 § 1 (part); Ord. 8/10/2004O-25 § 1(6) (part); Ord. 12/03/2002A § 1 (part); Ord. 12-11-2001C § 2 (part))