Chapter 13
REGULATIONS APPLICABLE TO ALL ZONESlinklink

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15-13-1: APPLICABILITY:
15-13-2: ADDITIONAL USE REGULATIONS:
15-13-3: ADDITIONAL LOT AND FRONTAGE REGULATIONS; EXCEPTIONS:
15-13-4: ADDITIONAL YARD REGULATIONS:
15-13-5: ADDITIONAL HEIGHT REGULATIONS:
15-13-6: BUILDING REGULATIONS:
15-13-7: FENCE REGULATIONS:
15-13-8: LIGHTING:
15-13-9: PRIVATE PARK, PLAYGROUND OR RECREATION AREA:
15-13-10: PUBLIC UTILITY SUBSTATION:
15-13-11: SWIMMING POOL; FAMILY:
15-13-12: DAYCARE CENTER REGULATIONS:
15-13-13: SEXUALLY ORIENTED BUSINESSES:
15-13-14: ZERO SIDE YARD PROVISIONS:
15-13-15: RESIDENTIAL FACILITIES FOR PERSONS WITH A DISABILITY:
15-13-16: LANDSCAPING REQUIRED:
15-13-17: CONCESSIONS OR AMUSEMENT BUSINESSES; PUBLIC PARKS:
15-13-18: TELEVISION SATELLITE ANTENNAS (OR DISH ANTENNAS):
15-13-19: RACING PIGEONS; STANDARDS AND OPERATING PROCEDURES:
15-13-20: LIMIT ON ABOVEGROUND STORAGE TANKS:
15-13-21: RECYCLING DROP OFF STATIONS, REVERSE VENDING MACHINES:
15-13-22: SINGLE ROOM OCCUPANCY DEVELOPMENT CRITERIA:
15-13-23: FINANCIAL GUARANTEE REQUIREMENTS:
15-13-24: MOBILE HOMES, RECREATIONAL COACHES AND MANUFACTURED HOMES WITHOUT PERMANENT FOUNDATION; LOCATION RESTRICTIONS:
15-13-25: RESIDENTIAL FACILITIES FOR ELDERLY PERSONS:
15-13-26: DESIGN AND SEPARATION OF PROTECTIVE HOUSING, REHABILITATION/TREATMENT FACILITIES, TRANSITIONAL HOUSING, AND ASSISTED LIVING FACILITIES:
15-13-27: DESIGN STANDARDS FOR TWO-FAMILY DWELLINGS/DUPLEXES AND MULTIPLE-FAMILY DWELLINGS:
15-13-28: LEGAL CONFORMING TWO-FAMILY DWELLINGS OR DUPLEXES:
15-13-29: SPECIAL PERMIT FOR TEMPORARY FACILITIES AFTER A DISASTER:
15-13-30: LEGAL CONFORMING BACHELOR OR BACHELORETTE DWELLING:
15-13-31: TRANSITION PROVISION FOR APPLICATION OF DEFINITION OF FAMILY:
15-13-32: LENGTH OF STAY IN A MOTEL OR HOTEL IF NO PERMANENT RESIDENCE:
15-13-33: STANDARDS FOR ACCESSORY BUILDINGS IN RESIDENTIAL ZONES:
15-13-34: SHORT TERM LOAN BUSINESSES:
15-13-35: REGULATIONS GOVERNING RETAIL TOBACCO SPECIALTY BUSINESS:
15-13-36: REGULATIONS GOVERNING FRONT ENTRY PORCHES IN RESIDENTIAL ZONES:
15-13-37: MOBILE FOOD TRUCKS AND MOBILE FOOD TRAILERS:
15-13-38: RESIDENTIAL VACATION RENTAL:
15-13-39: STANDARDS FOR ACCESSORY DWELLING UNITS:
15-13-40: RESERVED:
15-13-41: REGULATIONS FOR KEEPING OF RESIDENTIAL CHICKENS:

15-13-1: APPLICABILITY:linklink


The regulations hereinafter set forth in this chapter qualify or supplement, as the case may be, the zone regulations contained elsewhere in this title.

(Ord. 72-13, 7-6-1972; amd. Ord. 90-52, 10-25-1990)
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15-13-2: ADDITIONAL USE REGULATIONS:linklink

The requirement of this title as to minimum site development standards shall not be construed to prevent the use for a single-family dwelling of any parcel of land in the event such parcel was held in separate ownership prior to February 8, 1951.

(Ord. 72-13, 7-6-1972; amd. Ord. 90-52, 10-25-1990; 1999 Code; Ord. 2001-35, 6-5-2001)
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15-13-3: ADDITIONAL LOT AND FRONTAGE REGULATIONS; EXCEPTIONS:linklink

Every main building shall be located and maintained on a "lot", as defined in section 15-2-13 of this title, and every lot shall have required "frontage" on a "street", as such terms are defined in sections 15-2-7 and 15-2-20 of this title, except where a parcel of land was in separate ownership prior to February 8, 1951, as described in section 15-13-2 of this chapter. For lots created after February 8, 1951, but before June 30, 2001, the frontage shall not be less than sixteen feet (16'). For lots created after June 30, 2001, the frontage shall not be less than thirty feet (30').

(Ord. 72-13, 7-6-1972; amd. Ord. 90-52, 10-25-1990; Ord. 2001-35, 6-5-2001)
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15-13-4: ADDITIONAL YARD REGULATIONS:linklink


A. 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 building; 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.


B. On any lot under a separate ownership from adjacent lots and of record at the time of the "initial enactment of the zoning ordinances", as defined in section 15-2-10 of this title, and such lot having a smaller width than required for the zone in which it is located, the following regulations shall apply:

1. For interior lots, each side yard may be equal to but not less than the same percentage of the required side yard width as the lot is of the required lot width; provided, that in no case shall the smaller of the two (2) side yards be less than five feet (5') or the larger less than eight feet (8').

2. On corner lots, each side yard may be equal to but not less than the same percentage of the required side yard width as the lot is of the required lot width; provided, that in no case shall the side yard on the street side be less than fifteen feet (15') in R-1-10, R-1-8, R-1-6, R-2, and R-3 Zones or less than ten feet (10') in R-4 and R-5 Zones, and the other side yard shall not be less than five feet (5') in all residential zones.


C. On any lot under separate ownership from adjacent lots and of record at the time of the "initial enactment of the zoning ordinances", as defined in section 15-2-10 of this title, where a private attached garage containing a sufficient number of parking spaces to meet the requirements of this title 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 side yard.


D. On any interior lot where a single-family dwelling has an attached private garage containing 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 single-family 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 interior or corner lot where a single-family dwelling has an attached garage with sufficient parking and 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').


E. Every part of the required yard shall be open to the sky, unobstructed except for accessory buildings in a rear yard, and except for the ordinary projections of skylights, sills, belt courses, cornices and other ornamental features.


F. Open or lattice enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers may project into a yard not more than five feet (5'), and the ordinary projections of chimneys and flues are permitted.


G. No accessory building nor group of accessory buildings in any residential zone shall cover more than twenty five percent (25%) of the rear yard.


H. No space needed to meet the width, yard, area, coverage, parking or other requirements of this title for a lot or building may be conveyed away from such lot or building, except as permitted by the Board of Zoning Adjustment, and any attempted conveyance or lease in violation hereof shall be void.


I. 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, except by permit of the Board of Zoning Adjustment.


J. Any corner lot in a residential zone subdivided or receiving approval for subdivision before January 1987, and meeting the existing lot area and lot frontage requirements for interior lots in their respective zones shall be considered as in conformance with this title.


K. A single family or duplex lot may not have more than fifty percent (50%) of the front yard area covered by hard surface material.

(Ord. 72-13, 7-6-1972; amd. Ord. 77-24, 5-19-1977; Ord. 81-23, 6-18-1981; Ord. 87-11, 3-12-1987; Ord. 90-52, 10-25-1990; Ord. 91-51, 12-19-1991; 1999 Code; Ord. 2017-44, 10-17-2017)

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15-13-5: ADDITIONAL HEIGHT REGULATIONS:linklink


A. Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain a building, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, and water tanks, wireless or television masts, theater lofts, silos or similar structures may be erected above the height limits prescribed in the zone height regulations, but no space above the height limit shall be allowed for the purpose of providing additional floor space, and no heights are permitted above the maximum allowed under airport area height provisions.


B. No dwelling shall be erected to a height less than ten feet (10').


C. In a residential zone, the ridge or highest point of the roof of an accessory building may be erected to a height no greater than the lesser of:

1. Twenty five feet (25');

2. Eighty percent (80%) of the highest point of the roof of the main residential building, except where the ridge or highest point of the roof of the main residential building is sixteen feet (16') or less the ridge or highest point of the roof of the accessory building may not exceed twelve and one-half feet (12'6"); or

3. For a metal accessory building, twelve and one-half feet (12'6").

(Ord. 2011-40, 7-5-2011)

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15-13-6: BUILDING REGULATIONS:linklink

Domestic water supply and sewage disposal shall comply with the county health department requirements in all applications for a building permit where either an approved supply of piped water under pressure, or a sewer, is not available.

(Ord. 72-13, 7-6-1972; amd. Ord. 90-52, 10-25-1990)
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15-13-7: FENCE REGULATIONS:linklink


A. Fence Materials: The materials used in a constructed fence are limited to materials made of wood, metal, concrete, masonry, stone or vinyl. The materials used to construct the fence shall be of dimensions and design commonly intended for typical fence construction and shall not be materials or reused materials that have been designed for another function and are now being used to create a fence.


B. Fence Material Restrictions: Limitations to the use of certain types of fencing material shall be as follows:

1. In residential zones fences which have razor ribbon or barbed wire are prohibited. A barbed wire fence would not be considered to be in violation of this provision if such fence material is used to repair or replace existing barbed wire fences where such fencing is for existing agricultural or pasture fences.

2. In commercial zones fences which have razor ribbon are prohibited. Security fences may have up to three (3) strands of barbed wire provided that no strand of barbed wire shall be permitted less than six feet (6') high. The barbed wire strands shall not slant more than sixty degrees (60°) from a vertical line and shall not project over public property. Fences with barbed wire shall not be allowed in the front yard setback.

3. In manufacturing zones fences with razor ribbon shall only be allowed to the side or rear of a building on the same lot or if no building is on the lot such fencing will not be allowed in the front yard setback.


C. Fence Height: The maximum height of fencing allowed shall be as required below:

1. No fence or other similar structure shall be erected, installed, planted or maintained in any required front yard of a dwelling to a height in excess of four feet (4'); nor shall any fence or similar structure be erected in any side or rear yard to a height in excess of seven feet (7') except fences created solely of living plant material.

2. On corner lots in a residential zone, a fence may be erected, installed, planted or maintained in any side yard facing a street on a corner lot to a maximum height of four feet (4'), or to a maximum height of six feet (6') if the following conditions are met:

a. The fence shall not extend into the side yard area between the dwelling and street and shall be located exclusively in the side yard area immediately adjacent to the rear yard.




b. A clear view zone be maintained free of fencing when a driveway exists on the adjacent lot within ten feet (10') of the shared property line. The "clear view zone" refers to that portion of the corner lot lying within a triangular area formed by measuring back ten feet (10') from the point where the interior property line shared with the adjacent lot meets the property line along the public right of way.

3. Where a fence is erected upon a retaining wall or where, for other reasons, there is a difference in the elevation of the surface of the land on either side of the fence, height of the fence shall be measured from a point halfway between the top of the retaining wall and the land on the lower side or from the average elevation of the surface of the land on either side of the fence, but nothing herein contained shall be construed to restrict to less than four feet (4') in height measured from the surface of the land on the site having the highest elevation.

4. Notwithstanding the above, no fence shall be erected to a height in violation of title 7, chapter 3, "Obstructions At Intersections", of this code.

(Ord. 72-13, 7-6-1972; amd. Ord. 90-41, 7-26-1990; Ord. 90-52, 10-25-1990; Ord. 2000-16, 3-7-2000; Ord. 2005-19, 5-17-2005)

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15-13-8: LIGHTING:linklink


A. Exterior Lighting: No spotlight or floodlight shall be installed in any way which will permit the direct rays of such light to penetrate into any residential zone or onto any property used for residential purpose.


B. Lights Not To Constitute Traffic Hazard: No light, sign or other advertising structure as regulated by this title shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision; or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view or be confused with any authorized traffic sign, signal or device which makes use of the words "STOP", "LOOK", "DRIVE-IN", "DANGER" or any other word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse traffic.

(Ord. 72-13, 7-6-1972; amd. Ord. 90-52, 10-25-1990)

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15-13-9: PRIVATE PARK, PLAYGROUND OR RECREATION AREA:linklink

In all residential zones a private park, playground or recreation area with or without a swimming pool shall meet the following requirements:


A. Ownership: The lands and facilities used for such purpose shall be owned or leased and operated by a nonprofit corporation for the exclusive benefit of the members, their immediate families and nonpaying guests.


B. Facilities: Adequate restrooms and sanitary facilities shall be provided and kept available for use by members, their families and guests, and shall be maintained in proper working order and in a clean and sanitary condition and in full compliance with the reasonable standards, rules and regulations established by the county health department.


C. Parking: Twenty five (25) off street parking spaces, or one off street parking space for each four (4) memberships in the operating corporation, whichever is greater, shall be provided on the lot devoted to the principal use.


D. Time Limitations: Operation or use of the recreational or other facilities provided is forbidden between the hours of eleven o'clock (11:00) P.M. to six o'clock (6:00) A.M. next following.


E. Setback Requirements: All facilities, equipment and buildings shall be set back not less than twenty feet (20') from any property line and shall be located not less than fifty feet (50') from any main building on an adjoining lot and from any area upon which any such main building may be constructed upon said adjoining lot if no such main building is in existence.


F. Minimum Lot Size: The minimum size of the lot or suite used for such recreational or other purposes shall be one acre.


G. Lighting: Any lights used to illuminate the premises shall be installed in such a manner that the source of light shall be suitably screened to avoid annoying illumination of lands outside said premises.

(Ord. 72-13, 7-6-1972; amd. Ord. 90-52, 10-25-1990)

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15-13-10: PUBLIC UTILITY SUBSTATION:linklink

In all residential zones, public utility substations shall meet the following requirements:


A. Lot Area: Each public utility substation in a residential zone shall be located on a lot not less than two thousand (2,000) square feet in area.


B. Yards: Each public utility substation in a residential zone shall be provided with a yard on each of the four (4) sides of the building not less than five feet (5') in width, except that for such stations located on lots fronting on a street abutted by one or more residential lots, the front yard, side yards and rear yard shall equal those required for a single-family residence in the same zone.


C. Street Access: Each public utility substation in a residential zone shall be located on a lot which has adequate access from a street, alley or easement.


D. Location To Be Approved: The location of public utility substation in a residential zone shall be subject to approval by the planning commission.

(Ord. 72-13, 7-6-1972; amd. Ord. 90-52, 10-25-1990)

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15-13-11: SWIMMING POOL; FAMILY:linklink

A family swimming pool shall be permitted in the side and rear yard of a dwelling as an accessory use, provided the following requirements are met:


A. Location: The location of such family swimming pool or accessory machinery shall not be less than ten feet (10') from any interior property line. On corner lots, the distance from said pool to the property line facing on a street shall not be less than the required side yard for an accessory building in that zone.


B. Fence: An outside family swimming pool shall be completely enclosed by a substantial fence of not less than six feet (6') in height and any lights used to illuminate said pool or its accessories shall be so arranged as to reflect the light away from adjoining premises. A "substantial fence" shall mean any fence that would not allow passage by any person.

(Ord. 72-13, 7-6-1972; amd. Ord. 88-37, 9-8-1988; Ord. 90-52, 10-25-1990)

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15-13-12: DAYCARE CENTER REGULATIONS:linklink


A. Licensing: The regulations and licensing of daycare centers shall be in accordance with Utah Code Annotated title 62A, chapter 2, as amended, or as hereafter amended.


B. Fence: All outdoor play areas shall be within fenced area and shall be limited to use between the hours of eight o'clock (8:00) A.M. to eight o'clock (8:00) P.M. Fence height shall be in accordance with section 15-13-7 of this chapter.


C. Off Street Parking: Sufficient off street parking shall be provided to satisfy the requirement of section 15-12-3 of this title.

(Ord. 73-22, 7-12-1973; amd. Ord. 90-52, 10-25-1990)

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15-13-13: SEXUALLY ORIENTED BUSINESSES:linklink


A. Purpose: It is the purpose and object of this section that the city establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses or their location in areas deleterious to the community of Ogden, to protect adjoining uses, to provide visibility of parking areas in order to promote management supervision and oversight by law enforcement agencies, and to regulate the signage of such businesses and to control the adverse effects of such signage and prevent inappropriate exposure to the community. This section is to be construed as a regulation of time, place and manner of the operation of these businesses, consistent with the limitations provided by provisions of the United States and Utah constitutions. Except where the context or specific provisions require, this section does not supersede or nullify any other related zoning ordinances. This section, together with the other provisions of this title referencing or duplicating the regulations imposed herein, shall be known and referred to as the SEXUALLY ORIENTED BUSINESS ZONING ORDINANCES.


B. Definitions: For the purpose of this section, the following terms shall have meanings defined in this subsection:

EDUCATIONAL INSTITUTION: A public elementary or secondary school, seminary, parochial school or private education institution having a curriculum similar to that ordinarily given in grades one through twelve (12) in a public school system. The term educational institution for the purpose of this section does not include post-high school educational facilities.

HISTORIC BUILDING: A structure which is listed on the Ogden City register of historic resources or the National Register of Historic Places.

HISTORIC DISTRICT: An area containing a significant number of historic buildings which has been designated and listed as a historic district on the Ogden City register of historic resources or the National Register of Historic Places.

PUBLIC PARK: A park, playground, swimming pool, nature reserve, fairground, golf course or athletic field within the city which is owned, operated or maintained by the city or the county.

RELIGIOUS INSTITUTION: A building which is used primarily for religious worship and related religious activities.

SEXUALLY ORIENTED BUSINESSES: An inclusive term used to describe collectively those businesses for which a sexually oriented business license is required, pursuant to the sexually oriented business license chapter, set out in title 5, chapter 15 of this code, which types of businesses include for purposes of this section: outcall services, adult entertainment dancing agencies, adult businesses (an inclusive term including adult motion picture theaters, adult bookstores and adult video stores), and adult live entertainment businesses. This collective term does not describe a specific land use and shall not be considered a single use category for purposes of this title.


C. Businesses Permitted Where; Separation Requirements:

1. Outcall services and adult entertainment dancing agencies as such terms are defined in title 5, chapter 15 of this code, shall be permitted uses in areas zoned C-2, C-3 and CBD.

2. Unless otherwise specifically allowed in the use regulations applicable to a specific zoning category, adult businesses and adult live entertainment businesses as such terms are defined in title 5, chapter 15 of this code, shall only be permitted in areas zoned C-3 under chapter 38 of this title, M-1 and M-2 under chapter 21 of this title, subject to the following additional restrictions:

a. No adult business or adult live entertainment business shall be located:

(1) Within a six hundred sixty foot (660') radius of any religious institution, educational institution, public park, public library, the Ogden entertainment subdivision, the Newgate Mall, the Ogden River Parkway trail or the Weber River Parkway trail;

(2) Within a one thousand foot (1,000') radius of any residential zoning district;

(3) Within six hundred sixty feet (660') of any historic building or district;

(4) Within a one thousand foot (1,000') radius of any other adult business or adult live entertainment business.

3. Distance requirements between structures and uses specified in this subsection shall be measured in a straight line, without regard to intervening structures or zoning districts, from the closest property boundary of the educational institution, park, religious institution, library, mall, subdivision, river parkway trail, zoning district, historic building, historic district, or other sexually oriented business.

4. An adult business or adult live entertainment business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of a sexually oriented business license, within six hundred sixty feet (660') of the adult business or adult live entertainment business, of a religious institution, educational institution, public park or public library, a religious institution, educational institution, public park or public library, a designated historic building or historic district, or the creation of a residential zoning district within one thousand feet (1,000'). This provision applies only to the renewal of a valid license and it does not apply when an application for license is submitted after a license has expired or has been revoked.


D. Additional Site Development Standards: Notwithstanding anything contrary contained in this title regarding minimum site development standards under chapter 4 of this title or minimum parking standards under chapter 12 of this title, the more restrictive site development or parking standard shall apply. The following additional site development or parking standards shall apply:

1. All parking spaces or parking lots for adult businesses or adult live entertainment businesses shall be:

a. Located on the same lot with the main building; and

b. At a location on the site visible from a public street.

2. Building entrances for customers or patrons shall face or be visible from a public street.


E. Restrictions On Signage Or Attention Drawing Devices: Notwithstanding anything contrary contained in title 18 of this code, the more restrictive standards for signs imposed herein shall prevail. Signs for sexually oriented businesses and other devices designed to draw attention to the business shall be limited as follows:

1. No more than one sign shall be allowed on any sexually oriented business premises.

2. No sign on the sexually oriented business premises shall be allowed to exceed eighteen (18) square feet.

3. No animation shall be permitted on or around any sexually oriented business sign, or on the exterior walls or roof of the premises.

4. No descriptive art or designs depicting any activity related to, or inferring, the nature of the business shall be allowed on any sexually oriented business sign, which shall contain alphanumeric copy only.

5. Only flat wall signs shall be permitted for any sexually oriented business.

6. No painted signs or painted wall advertising shall be allowed, including any signage or advertising painted on the inside of any window or other translucent material which is visible from the outside of the building.

7. The building and the premises of the sexually oriented business shall be kept free of any temporary signs or banners, as such terms are defined in title 18 of this code.

8. The premises of the sexually oriented business shall be kept free of vehicles or trailers displaying signage that identifies the name of the business, displays descriptive art or designs depicting any activity related to, or inferring, the nature of the sexually oriented business, or otherwise draws attention to the business or the business location; provided that signage on the driver door or front passenger door of a business vehicle shall not be prohibited.

9. No searchlights or other outdoor activities or promotional events that draw attention to the business or the business location shall be allowed on the premises.

10. Outdoor lighting shall be designed to direct all light toward the ground and all light poles shall be restricted to a height of twenty feet (20'). This provision is not intended to restrict the seasonal use of nonflashing, miniature lighting on trees or shrubs.

11. No outdoor music or use of a "sound amplification device", as defined in title 12, chapter 14 of this code, shall be used to draw attention to the business or business location.


F. Taverns And Private Clubs: If a proposed tavern or private club is already licensed as an adult live entertainment business, or if approvals are being sought for both uses concurrently, it shall be presumed that any location in a zone allowing a tavern or private club and meeting the distance requirements for an adult live entertainment business, is an appropriate location for a tavern or private club and shall be considered a permitted use, notwithstanding any other provisions of this title classifying such use as a conditional use. Any tavern or private club so allowed as a permitted use shall also be subject to the following:

1. No more than two (2) taverns or private clubs per linear block.

2. The location is in a zone allowing a tavern or a private club as a conditional use.

3. The parking location meets the requirements of parking for a sexually oriented business.

(Ord. 2009-61, 10-27-2009)

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15-13-14: ZERO SIDE YARD PROVISIONS:linklink

At the time of subdivision approval by the planning commission and mayor, one zero side yard may be permitted per lot in the subdivision under the following conditions:


A. When the remaining one side yard is equal to the combined total of the required two (2) side yards of the zone in which is located; and


B. No window or other similar opening shall be installed in the building or any accessory building along the side having a zero side yard; and


C. No zero side yard will be permitted on the lot side bordering on a nonresidential zone, or on the lot side bordering on a residential lot not utilizing zero side yard provisions; and


D. The use of the zero side yard provisions is contingent upon development of or commitment to development of a zero side yard on adjacent lots; and


E. The approved location of each dwelling and accessory buildings utilizing the zero side yard concept must be designated on each lot on the approved final subdivision linen; and


F. All building permits will be issued in strict accordance with the building site restrictions as shown on the approved subdivision linen. Any changes in the location of buildings from the locations shown on the approved linen must be approved by the planning commission and mayor and an amended final linen recorded with the county recorder showing the approved changes; and


G. In the case of existing subdivisions, the zero side yard concept may be utilized upon compliance with the above provisions and upon issuance of a conditional use permit approved by the planning commission.

(Ord. 78-56, 12-7-1978; amd. Ord. 90-52, 10-25-1990; Ord. 91-51, 12-19-1991)

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15-13-15: RESIDENTIAL FACILITIES FOR PERSONS WITH A DISABILITY:linklink


A. Applicability: If any facility, residence, or other circumstance meets the definition of a "residential facility for persons with a disability" as set forth in chapter 2 of this title, the requirements of this section shall govern the same notwithstanding any other provision of this title.


B. Purpose: The purposes of this section are:

1. To comply with section 10-9-605 of the Utah code; and

2. To avoid discrimination in housing against persons with disabilities as provided in the Utah fair housing act and the fair housing amendments act as interpreted by courts having jurisdiction in Utah.


C. Permitted Use; Requirements: 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:

1. 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:

a. 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

b. 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.

2. No facility shall be made available to an individual whose tenancy would:

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. (It is not the intention of this subsection to establish any legal basis for tort liability on the part of the facility operator.)

3. 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:

a. Provide a copy of such license or certification to the city, and

b. Certify in a sworn affidavit to the city that no person will reside or remain in the facility whose tenancy would likely:

(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.

4. The use permitted by this section is nontransferable and shall terminate if:

a. The facility is devoted to a use other than a residential facility for persons with a disability, or

b. The license or certification issued by the department of human services or the department of health terminates or is revoked, or

c. The facility fails to comply with the conditions enumerated in this section.

5. No residential facility for persons with a disability, licensed for the housing of more than five (5) disabled persons, shall be established or maintained within six hundred sixty feet (660') measured in a straight line between the closest property lines of the lots or parcels, of the following similar facilities:

a. Another residential facility for persons with a disability licensed for the housing of more than five (5) disabled persons;

b. A residential facility for the elderly with more than five (5) elderly persons in residence; or

c. Any of the following facilities: protective housing facility; transitional housing facility; assisted living facility or rehabilitation/treatment facility.


D. Reasonable Accommodation: 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.

1. Any person or entity who wishes to request a reasonable accommodation shall make application therefor to the director and shall articulate in writing the basis for the requested accommodation.

2. Each application for a reasonable accommodation shall be decided within not more than thirty (30) days.

3. If a request for a reasonable accommodation is denied, such decision may be appealed to the board of zoning adjustment in the manner provided for appeals of administrative decisions applying this title.

(Ord. 81-46, 11-12-1981; amd. Ord. 82-16, 4-8-1982; Ord. 85-40, 10-17-1985; Ord. 87-44, 8-27-1987; Ord. 98-62, 10-27-1998; Ord. 2000-2, 1-4-2000; Ord. 2001-32, 6-5-2001)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29365#s914211
15-13-16: LANDSCAPING REQUIRED:linklink

When an area is required to be landscaped under the terms of this title, the requirements shall be met by the installation and maintenance of improvements as set forth below:


A. General Requirements:

1. All plantings shall be maintained in a healthy and attractive condition.

2. Landscaping materials shall be contained so as not to spill into the public right of way.

3. All yard and setback areas not occupied by buildings or parking shall be landscaped; the area within the public right of way between the curb and gutter and the sidewalk, otherwise known as the park strip, shall be landscaped, unless the area falls along a gateway or entry corridor as designated in the general plan. Park strip landscaping outside of gateway or entry corridors shall not exceed a maximum height of two feet (2') for shrubs or grasses, and trees in the park strip shall have a minimum height of seven feet (7') for the lowest branches of a tree when they extend above the curb or sidewalk. Notwithstanding the branch height, no evergreen tree is allowed in the park strip. Public rights of way defined by a curb or gutter shall be landscaped utilizing one of three (3) methods:

a. Grass with trees spaced at a maximum of forty feet (40') on center;

b. Ground covers, trees and shrubs. When shrubs or ground covers other than grass are used for landscaping, the spacing, type and size of plants used shall be such that seventy five percent (75%) of all landscaped areas shall be covered with living material within three (3) years of planting; or

c. Rock ground cover with trees spaced at a maximum of forty feet (40') on center. When such rock ground cover is used, there shall not be a concrete surface underneath the ground cover. The rocks used in the ground cover must be between 1.5 inches and four inches (4") in size or, alternatively, if a size smaller than 1.5 inches is used, then:

(1) Areas of living plant material are required that extend the full width of the park strip in a distinguishable patterned design for the length of the park strip, or

(2) A varying rock size or color pattern must be used.

4. For all uses except single-family dwellings, all landscaping shall be serviced by an acceptable underground sprinkling or irrigation system.

5. If artificial turf is used as a ground cover:

a. It shall consist of green lifelike individual blades of grass that:

(1) Emulate natural turf in look and color;

(2) Have a minimum pile height of 1.5 inches, except in rear yards where shorter pile height may be installed for planned recreational surfaces; and

(3) Have a minimum tufted weight of fifty six (56) ounces per square yard;

b. In no case shall it be installed within:

(1) Permanent drainage features (e.g., ponds, swales, and retention and detention basins); or

(2) Any public right of way;

c. It shall have a minimum eight (8) year manufacturer's warranty protecting against color fading and decrease in pile height;

d. The use of indoor or outdoor plastic or nylon carpeting as a substitute or replacement for artificial turf or natural turf is prohibited;

e. It shall be properly anchored to ensure that the turf will withstand the effects of wind;

f. All seams shall be nailed and glued, not sewn, and edges shall be trimmed to fit against all regular and irregular edges to resemble a natural look;

g. Proper grading, compaction and drainage shall be provided for all artificial turf installations to prevent excess runoff or pooling of water and artificial turf installations shall have a minimum permeability of thirty inches (30") per hour per square yard;

h. It shall be visually level, with the grain pointing in a single direction;

i. An appropriate solid barrier device (e.g., concrete mow strip, bender board) is required to separate the artificial turf from planters and live vegetation;

j. A minimum four foot (4') separation between artificial turf and tree trunks and two foot (2') separation between artificial turf and shrubs shall be maintained to ensure roots are not damaged with the installation of artificial turf and that the overall health of the living plant material is not compromised;

k. It shall be cleaned regularly and maintained in an appropriate and neat manner;

l. It shall be replaced if it is worn, uneven, discolored, or damaged; and

m. It shall comply with subsection C of this section if it is proposed to be used, either solely or in combination with other nonliving ground cover, for more than ten percent (10%) of the ground area required to be landscaped.


B. Gateway And Entry Corridor Rights Of Way:

1. For areas at an entry point or along an entry corridor, the area within the public right of way between the curb and gutter and sidewalk may be fully landscaped, or may invoke a combination of landscaping, pavers and other design elements to create the desired visual impact. The use of landscaping and pavers at entry points and along entry corridors should substantively satisfy the following objectives:

a. Landscaping, combined with pavers and other design elements such as lighting, seating, etc., as deemed appropriate, should enhance the visual environment by creating a visually obvious and definite entry point or entry corridor through use of a texture, color, size and shape, etc., enhancing perspective by framing views, complementing architecture, screening, and creating points of interest and activity;

b. Landscaping combined with other design elements should ensure public safety by:

(1) Guiding the circulation of cars and people,

(2) Controlling access to parking lots, and

(3) Making traffic diverters prominent; and

c. Landscaping combined with other design elements should minimize maintenance to ensure these points of first impression are maintained at an optimum level.

2. Care should be taken to integrate the design of the entry point or entry corridor to the surrounding areas in a way that maximizes the assets of the area while still maintaining the desired continuity and visual impact.

3. Visual continuity and overall design shall control the balance of landscaping and other design elements. However, whenever possible, landscaping shall be used.


C. More Than Ten Percent Nonliving Ground Cover: When considering if more than ten percent (10%) of nonliving ground cover shall be allowed, the following principles shall be in place in the landscaping or landscaping design:

1. The overall landscaping on the property enhances the visual environment by:

a. Adding visual interest through texture, color, size and shape, etc., and

b. Enhancing perspective by framing views complementing architecture, screening and creating points of interest and activity;

2. The design includes elements which work with existing topography and is designed in such a way as to make softened transitions from the landscaping of adjoining properties to the property in question;

3. Plant species that are a public nuisance or that cause excess litter should be avoided;

4. The other aspects of waterwise design are included on the property which are:

a. An overall landscape design for the entire property,

b. Mulches are used in planting bed areas,

c. Turf areas are used in high use areas of the lot,

d. Plants are selected and installed which are appropriate for the physical condition of site specific locations, and

e. The landscaping is kept free of weeds and junk materials.

5. Artificial turf is limited to not more than fifty percent (50%) of the total landscaping area, unless it is installed and used in the construction of public or private athletic fields, or on playgrounds associated with a:

a. Public or private community center;

b. Park;

c. School; or

d. University.


D. General Maintenance: All landscaped areas, whether required or otherwise, shall be kept and maintained in accordance with all of the following standards:

1. Landscaped areas shall be kept free of litter and debris.

2. Landscaped areas shall be weeded on a regular basis.

3. Trees and shrubs shall be pruned so as to avoid damage to other improvements, structures or utility lines.

4. Dead branches or dead trees, shrubs or other plant materials are removed from the property.

5. Lawns are mowed on a regular basis according to the growth habit of the type of turf grass used.

6. All plant materials shall be adequately watered to maintain a healthy condition as by the typical color of the plant under normal growing conditions; provided that when water use restrictions are imposed by the city or applicable secondary water provider during times of drought, no violation shall occur as long as the owner or occupant is watering within such restrictions.

7. Required trees, shrubs or other plant materials that have died and been removed shall be replaced.


E. Application To Existing Residential Uses: For existing residential uses which have either not installed landscaping or residential uses where the landscaping no longer exists, landscaping according to these regulations shall be installed within eighteen (18) months from the enactment of this provision.


F. Two-Family And Multiple-Family:

1. As a minimum, all new two-family dwellings and multiple-family dwellings which are permitted uses in residential zones shall be:

a. Landscaped with grass or ornamental living ground covers;

b. Have one 2-inch caliper tree per unit, in addition to the street trees required in the parkway with street trees spaced forty feet (40') on center for large trees, thirty feet (30') on center for medium trees, and twenty feet (20') on center for small trees; and

c. Have five (5) 5-gallon shrubs per unit planted on the lot.

2. Landscaping shall be installed in all areas not occupied by buildings, parking or accessways and according to the approved plot plan. Landscaping shall be installed prior to occupancy of any unit in the structure. In the case of inclement weather that prevents the installation of the required improvements, the time completion of the improvements may be extended, in writing, upon the approval of the applicable reviewing official or body, or designee. However, in no case shall the time for completion be extended beyond June 1 immediately following the completion date. A financial guarantee according to section 15-13-23 of this chapter shall be required prior to issuing building permits.


G. New Single-Family Dwellings: New single-family homes, at the time of completion of construction and prior to occupancy of the dwelling shall have street trees installed in the dedicated street parking strip. Large street trees shall be spaced at forty feet (40') on center, medium trees shall be spaced at thirty feet (30') on center, and small trees shall be spaced at twenty feet (20') on center. Trees in the park strip shall have a minimum height of seven feet (7') for the lowest branches of a tree when they extend above the curb or sidewalk. Notwithstanding the branch height, no evergreen tree is allowed in the park strip.

(Ord. 2016-12, 3-1-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29365#s914212
15-13-17: CONCESSIONS OR AMUSEMENT BUSINESSES; PUBLIC PARKS:linklink

In all zones, a privately operated concession or amusement business in a public park shall meet the following conditions of approval:


A. Hours: Operation or use of the amusement or other facilities provided is forbidden between the hours of eleven o'clock (11:00) P.M. to six o'clock (6:00) A.M. next following, or as approved by the planning commission.


B. Setback: All facilities, equipment and buildings shall be set back not less than twenty feet (20') from any property line and shall be located not less than fifty feet (50') from any main building on an adjoining lot and from any area upon which any said building may be constructed upon said adjoining lot if no main building is in existence, or as approved by the planning commission.


C. Minimum Size: The minimum size of the park for such amusement or other purposes shall be five (5) acres.


D. Lighting: Any lights used to illuminate the premises shall be installed in such a manner that the source of light shall be suitably screened to avoid annoying illumination of lands outside said premises.


E. Noise: Noise from such amusement or other purpose shall not significantly increase noise levels already existing in the park from other activities as determined by the planning commission.


F. Identification Signs: Only identification signs shall be permitted and shall meet the requirements for such signs as specified in Title 18 of this Code, Outdoor Signs.


G. Buildings; Facilities: All buildings, facilities, etc., shall be in aesthetic harmony with the park and its purposes as well as the immediate surrounding area.


H. Landscaping: Landscaping shall be sufficient to enhance the aesthetic appearance of such development.


I. Private Property Intrusion: The proposal shall not create or invite intrusion into private property.

(Ord. 82-22, 5-20-1982; amd. Ord. 90-52, 10-25-1990)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29365#s914213
15-13-18: TELEVISION SATELLITE ANTENNAS (OR DISH ANTENNAS):linklink

Building permits are required for television satellite antennas (or dish antennas) and shall comply with the following regulations:


A. Location:

1. All television satellite antennas shall have setbacks of at least five feet (5'), if freestanding. The setback shall be measured from the property lines to the nearest point of the antenna. The distance for rotating dish antennas shall be measured from the nearest point of the antenna in its closest rotational configuration.

2. In any commercial or manufacturing zone, such antenna may be located on the roof or in the rear of side yards; but shall only be permitted in the front yard or on a side yard facing the street on a corner lot, by approval of the Board of Zoning Adjustment when a useable satellite signal cannot be obtained in an otherwise approved location.

3. Television satellite antennas shall only be located in the rear yard of any lot in any residential zone. If a useable satellite signal cannot be obtained from such rear yard, the antenna may be located on the roof or side yard (except side yards facing the street on a corner lot) by approval of the Board of Zoning Adjustment.


B. Antenna Size: No television satellite antenna shall exceed twelve feet (12') in diameter in a residential zone. Upon the approval and issuance of a conditional use permit by the Planning Commission, business and professional offices located in a PI Zone may install a television satellite antenna which exceeds the twelve foot (12') diameter limitation where there is a finding made of no adverse impact to adjoining properties.


C. Antenna Height: No antenna shall exceed the height limitation in its respective zone.


D. Construction Standards:

1. All antennas shall be erected in a secure and wind-resistant manner.

2. Every antenna must be adequately grounded for protection against a direct strike of lightning.

3. All antennas in a residential zone shall be located and designed to reduce the visual impact from surrounding properties at street level and from public streets.


E. Temporary Television Satellite Antennas: Temporary television satellite antennas (or dish antennas) may be located on property for a total of thirty (30) days subject to the provisions of subsections A2 and A3 of this Section.

(Ord. 84-23, 8-30-1984; amd. Ord. 86-8, 12-13-1986; Ord. 90-52, 10-25-1990; Ord. 91-51, 12-19-1991; 1999 Code)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29365#s914214
15-13-19: RACING PIGEONS; STANDARDS AND OPERATING PROCEDURES:linklink


A. Construction: The physical construction of the lofts shall be in compliance with applicable City building ordinances and codes;


B. Location: Lofts shall be located a minimum of fifty feet (50') from any neighboring residence plus twenty five feet (25') from any property line, and six feet (6') from the owner's dwelling;


C. Easily Cleanable: Lofts shall be constructed in a workmanlike manner and shall be easily cleanable;


D. Living Space: Lofts shall be constructed so as to allow each adult pigeon ten (10) cubic feet of living space;


E. Number Limited: No owner will be permitted to maintain more than one hundred (100) pigeons per permit;


F. Feed Storage: Feed shall be stored in a manner which prevents rodent infestation or harborage;


G. Maintenance; Repair: Lofts shall at all times be in compliance with these regulations and shall be maintained in a clean, sanitary, and orderly condition and kept in good repair;


H. Confinement: Pigeons shall be confined to the loft, unless being conditioned, exercised or trained; owners shall exercise necessary measures to prevent their pigeons from perching or lingering on buildings or property of others;


I. Diseases; Isolation: Pigeons shall be maintained in a healthy, disease free condition; those with communicable diseases shall be properly isolated;


J. Nuisances: Loft scrapings, dead pigeons, manure and other putrescible wastes shall be stored in watertight containers with tightfitting lids, final disposal shall be accomplished in a manner which creates neither a health hazard or nuisance and shall be approved by the county health department;


K. Odors And Noise: Necessary measures shall be exercised to prevent the generation of obnoxious or offensive odors and noise, or otherwise create a nuisance affecting the buildings or property of others;


L. Property Destruction: Pigeons shall not be allowed to destroy or deface the property of others;


M. Breeding: Lofts may not be utilized for the business of breeding, raising or harboring fowl for commercial or marketing purposes.

(Ord. 86-15, 3-27-1986)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29365#s914215
15-13-20: LIMIT ON ABOVEGROUND STORAGE TANKS:linklink


A. The storage of flammable, combustible liquids in aboveground tanks outside of buildings is permitted:

1. In areas zoned as manufacturing M-1 or M-2, provided that tanks not enclosed in a designed monolithic poured concrete case may not be closer than two hundred feet (200') to any residential structure; and

2. In areas zoned as open space O-1, commercial C-2, commercial C-3, and central business district CBD if all tanks are enclosed in a designed monolithic poured concrete case.


B. The bulk storage of liquified petroleum gas in aboveground tanks shall comply with the current fire code as adopted by title 16, chapter 2 of this code, or its successor provision, and is permitted outside of buildings:

1. In areas zoned as manufacturing M-1 or M-2; and

2. As an accessory use in areas zoned commercial C-2 or commercial C-3.

(Ord. 2013-19, 5-7-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29365#s914216
15-13-21: RECYCLING DROPOFF STATIONS, REVERSE VENDING MACHINES:linklink

Recycling dropoff stations and reverse vending machines shall be allowed as an accessory to a main use in any zone, provided the following requirements are met:


A. Residential: In residential zones:

1. No money is received by the donor for the material. No reverse vending machines are allowed in residential zones.

2. The container is located only on property with nonresidential uses such as a school, church, or public building.

3. The containers shall not be placed in any required yard setback area.

4. The location of the containers shall not occupy required parking spaces or traffic circulation areas.

5. The area around the containers and the container shall be maintained in a clean and safe condition and free from litter.

6. No more than two (2) recycling containers, each with a maximum size of six feet (6') tall, ten feet (10') long and eight feet (8') wide shall be placed on a property.


B. Business, Commercial Or Manufacturing: In any business, commercial or manufacturing zone:

1. The containers shall not be located any closer than thirty feet (30') from any property line adjacent to a public street or placed in any other required yard setback area.

2. The location of the containers shall not occupy required parking spaces or traffic circulation areas.

3. The area around the containers and the container shall be maintained in a clean and safe condition and free from litter.

4. No more than four (4) recycling containers, each with a maximum size of six feet (6') tall, ten feet (10') long and eight feet (8') wide shall be placed on a property.


C. Compliance With Standards: Any use meeting the definition of recycling dropoff stations existing and legal on the effective date hereof is hereby required to comply with the above requirements within six (6) months of the effective date hereof.

(Ord. 95-74, 11-14-1995)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29365#s914217
15-13-22: SINGLE ROOM OCCUPANCY DEVELOPMENT CRITERIA:linklink

No single room occupancy (SRO) will be allowed unless the following criteria are met:


A. Square Footage: Excluding the closet, storage space and bathroom space, a living unit must be at least seventy (70) square feet in floor area for a one person living unit and one hundred twenty five (125) square feet in floor area for a two (2) person living unit.


B. Bath Facilities: If individual bath facilities are not provided, common bathroom facilities must be provided for every eight (8) units and must be located in a central and convenient location for the units being served.


C. Separate Outside Entry: Individual living units shall not have separate outside entries.


D. Storage Space: A closet or designated storage space is required in every living unit.


E. Storeroom: A cleaning supply storeroom and/or utility closet with at least one laundry tub with hot and cold running water must be available for use of the living units on each floor of the SRO.


F. Common Area: Each SRO shall provide a minimum of two hundred (200) square feet of interior common area.


G. Distance Between SRO: No SRO shall be established within a six hundred sixty foot (660') radius of another SRO measured from front door to front door.


H. CBD District: No SRO in the CBD intensive district shall have living units located at the ground level of the building, fronting on a public street.


I. Parking: One parking space is required for each ten (10) units in an SRO development.

(Ord. 96-51, 10-22-1996)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29365#s914218
15-13-23: FINANCIAL GUARANTEE REQUIREMENTS:linklink


A. Required: No site work shall be commenced, no development improvements shall be made, or no building permits shall be issued until the owner or developer provides a sufficient financial guarantee to ensure completion of the following "required improvements":

1. Any landscaping improvements, whether upon public or private property, required under the provisions of this title, or under any condition imposed under authority of the provisions of this title; or

2. Any improvement to adjacent road surfaces, curbs, gutters or sidewalks required under the provisions of this title; or

3. Any improvement for storm drainage, sewer, or water infrastructure required under the provisions of this title, or under any condition imposed under authority of the provisions of this title; or

4. Common open space improvements, private streets or private utilities for which a financial guarantee is required under the subdivision title of this code.


B. Escrow Account, Agreement: A sufficient financial guarantee shall be provided by the establishment of a city escrow account, an escrow agreement, or an irrevocable letter of credit for one hundred percent (100%) of the estimated cost of the above required improvements, based on the actual cost estimate provided by the owner or developer. The financial guarantee shall provide that the required improvements be installed upon the completion of the development or the account funds may be called by the city to complete the improvements. Acceptable escrow agents shall include the city treasurer or a federally insured bank or savings institution, or other escrow agent approved by the city attorney. The issuer and agreement shall be subject to the approval of the city attorney.


C. Warranty:

1. All required improvements shall be warranted by the property owner for one year from the date of final inspection approval for all such improvements.

2. The city may, as a warranty, either retain ten percent (10%) of the guarantee amount or require an escrow equal to ten percent (10%) of the required improvement costs. The ten percent (10%) warranty cost may be based on the original estimate determined under subsection B of this section or the actual cost of the required improvements if the owner or developer provides the city with receipts or other evidence of actual cost deemed satisfactory by the city engineer.


D. Effect Of Noncompliance On Subsequent Applications: No building permits shall be issued nor development approvals given for any expansion, amendment or subsequent phase of a development, if the required improvements have not been installed in accordance with prior permits or approvals for the site. This prohibition may be waived, if the reviewing official or body determines the following:

1. The approval of the expansion, amendment, or subsequent phase would result in the removal of the previously required improvements; and

2. Any previously required improvements which are not affected by the proposed expansion, amendment or subsequent phase have been installed; and

3. Adequate security is provided for the previously uninstalled required improvements, as well as for any new required improvements imposed in regards to the expansion, amendment or subsequent phase.


E. Installation Of Improvements; Completion: Required improvements shall be installed and completed before occupancy or use of any building, structure or improvement approved in regards to the site plan, permit or other development. In the case of inclement weather that prevents the installation of the required improvements, the time of the improvements may be extended, in writing, upon approval of the applicable reviewing official or body, or designee. However, in no case shall the time for completion be extended beyond June 1 immediately following the completion date, and no additional phases of any development shall be permitted during such period of extension.


F. Release: The funds provided under the financial guarantee shall not be released until an authorized representative of the city has certified in writing that the required performance is completed and that the city releases its right to draw funds either in full or in part. Upon expiration of the warranty period, the city shall release the established security in whole or in part by providing the issuer a certificate, signed by an authorized representative of the city, that the city releases its right to draw funds or to the extent applicable. As portions of the required improvements are completed for large developments, the owner or developer may petition the city to reduce the amount of the original financial guarantee provided that a request occur not more frequently than every thirty (30) days. If the city determines that the portions of the required improvements that have been completed are in compliance with city ordinances, the approved site plan, and any conditions of approval, and that the amount to be released is sufficient to justify the administrative expense, the city may cause the amount to be partially released; provided, that a minimum of twenty percent (20%) is retained as follows:

1. Ten percent (10%) is retained until expiration of the warranty period; and

2. At least ten percent (10%) is retained to ensure completion of any remaining required improvements.


G. Failure To Complete Required Improvements: In those cases where the financial guarantee has been provided and the required improvements have not been installed as required, the city may, in its discretion:

1. Pursue any available criminal or civil remedies to require the responsible party to complete the required improvements;

2. Declare the development in default and obtain funds under the escrow agreement and complete, at the city's discretion, all or a portion of the required improvements either itself or through a third party;

3. Assign its right to receive funds under the security to any third party, including a subsequent owner of the development, in whole or in part, in exchange for the third party's or subsequent owner's promise to complete the improvements for the development; or

4. Exercise any other rights available under the law.


H. Administrative Procedures: The mayor may establish procedures consistent with this section relating to the administration of the financial guarantee, including, but not limited to, fund management, release, default and collection.

(Ord. 2013-35, 6-25-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29365#s914219
15-13-24: MOBILE HOMES, RECREATIONAL COACHES AND MANUFACTURED HOMES WITHOUT PERMANENT FOUNDATION; LOCATION RESTRICTIONS:linklink


A. No occupied manufactured home, not on permanent foundation, shall be located anywhere within the city except in a licensed manufactured home park. Emergency or temporary parking of any unoccupied manufactured home outside a licensed manufactured home park will be permitted for a period not exceeding twenty four (24) hours. This subsection does not apply to manufactured home sales areas.


B. Recreational coaches which do not include the facilities necessary to be a "manufactured home" as defined in chapter 2 of this title shall not be used at any place in the city, at any time, for living quarters except in designated recreational coach parks.


C. No occupied mobile home shall be located anywhere within the city unless such mobile home was legally located in a manufactured home park prior to May 27, 1997. In the event a mobile home, legally located in a manufactured home park prior to May 27, 1997, is moved, only a manufactured home may be placed thereafter on such space. Emergency or temporary parking of any unoccupied mobile home will be permitted for a period not exceeding twenty four (24) hours.

(Ord. 97-36, 5-27-1997)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29365#s914220
15-13-25: RESIDENTIAL FACILITIES FOR ELDERLY PERSONS:linklink


A. Purpose: The purpose of this section is to comply with section 10-9-605 of the Utah code.


B. Requirements: A "residential facility for elderly persons" shall comply with the following requirements:

1. The facility shall meet all applicable building, safety, zoning, and health ordinances applicable to similar dwellings.

2. Minimum site development standards shall be the same as those for a single-family dwelling or dwelling unit in the zone in which the facility is located.

3. The facility shall be capable of use as such facility without structural or landscaping alterations that would change the structure's residential character.

4. The use granted and permitted by this subsection 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.

5. No residential facility for elderly persons, which facility has more than five (5) elderly persons in residence, shall be established or maintained within six hundred sixty feet (660') measured in a straight line between the closest property lines of the lots or parcels, of the following similar facilities:

a. Another residential facility for the elderly with more than five (5) elderly persons in residence;

b. A residential facility for persons with a disability licensed for more than five (5) disabled persons;

c. Any of the following facilities: protective housing facility; transitional housing facility; assisted living facility or rehabilitation/treatment facility.

(Ord. 2000-2, 1-4-2000)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29365#s914221
15-13-26: DESIGN AND SEPARATION OF PROTECTIVE HOUSING, REHABILITATION/TREATMENT FACILITIES, TRANSITIONAL HOUSING, AND ASSISTED LIVING FACILITIES:linklink


A. Any newly constructed facility in a residential zone shall comply with the following design standards:

1. All setbacks shall be according to the other main building category of the respective residential zone.

2. All required or accessory parking areas for the use shall be located either in the rear yard area of the lot, behind the main building or in a garage.

3. Notwithstanding the maximum height restriction of the individual residential zone, a new building or addition shall not exceed one hundred ten percent (110%) of the average height of the closest dwellings on both sides of the proposed structure.

4. In order for new construction to reflect the design and character of the existing neighborhood:

a. The roof design of the proposed structure or remodeled roof shall be a pitched roof of the same slope as the most common roof slope of the homes on the same side of the block on which the building is proposed.

b. The exterior materials of the walls shall have the same proportion of usage on all four (4) sides of the building (e.g., if brick is used on the front of the building it is also used on the other 3 sides).

c. The type of exterior materials shall be of traditional home finish materials of brick, siding or stucco. The use of these materials shall be applied in such a manner as to blend in with the neighborhood where the building is located and not draw undue attention to the building because of the materials, their color and combination being uncharacteristic of the other buildings in the neighborhood.

d. The structure shall be designed with a front porch and at least one of the following design features in the architecture of the building:

(1) Bay windows;

(2) Cantilevered floor;

(3) Dormers;

(4) Full length covered front veranda.


B. Any existing residential dwelling which has exterior modifications proposed and is not normal maintenance of the building shall comply with the above standards as much as physically possible based on the scope of work proposed.


C. In all zones where allowed no protective housing facility, transitional housing facility, rehabilitation/treatment facility or assisted living facility shall be established or maintained within one thousand feet (1,000'), measured in a straight line between the closest property lines of the lots or parcels of any of the following similar facilities:

1. A protective housing facility;

2. A transitional housing facility or a rehabilitation/treatment facility;

3. A residential facility for persons with a disability licensed for the housing of more than five (5) disabled persons;

4. A residential facility for the elderly with more than five (5) elderly persons in residence;

5. An assisted living facility; or

6. Boarding or lodging house.


D. In all residential zones where allowed the number of people lodged in a transitional housing facility or a rehabilitation/treatment facility shall be limited to a maximum of fifteen (15) individuals excluding support staff.


E. In all residential zones where allowed the number of people lodged in a protective housing facility shall be limited to a maximum of fifteen (15) individuals, excluding support staff, as a permitted use and from sixteen (16) up to a maximum of thirty (30) individuals, excluding support staff, as a conditional use.

(Ord. 2000-2, 1-4-2000; amd. Ord. 2002-58, 10-15-2002; Ord. 2005-47, 7-26-2005)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29365#s914222
15-13-27: DESIGN STANDARDS FOR TWO-FAMILY DWELLINGS/DUPLEXES AND MULTIPLE-FAMILY DWELLINGS:linklink


A. Conversion Of Residential Buildings To Other Than Original Designed Residential Use:

1. An existing residential building shall not be converted to add any more dwelling units than it was originally built with when it was constructed.

2. Any increase in the number of dwelling units requires the removal of the existing structure, except that homes listed on the local historic register or eligible buildings in the Central Bench national historic district shall not be removed in order to accommodate additional dwelling units but may only be converted to multiple units on approval of the planning commission following the procedures of subsection 15-6-3I of this title.

3. Replacement of a structure by new construction for use as a duplex or multi-dwelling unit is allowed only if the additional units are permitted according to the regulations of this title.

4. This section does not limit the construction of an accessory dwelling unit if authorized, approved and constructed pursuant to chapter 32 of this title.


B. Building Design: Dwelling structures shall be designed so that they present a front appearance to the street. In order to accomplish this the dwelling structure shall have:

1. A minimum of fifty percent (50%) of the primary entry doors to the individual units face the public street.

2. A minimum of ten percent (10%) of the wall surface area facing the street on the main level in glazing.

3. A maximum of forty percent (40%) of the ground level width of the building facing the street being occupied by garage doors. This does not preclude attached garages with entrance from the side, detached garages behind the dwellings or garages which are entered from the rear of the building by means of alleys or private drives.

4. Surface parking and carports located only to the rear or side of the structure. The area between the front of the building and the front property line shall be in open green space except for sidewalks leading to front doors and driveways leading to legal parking.

5. If seventy five percent (75%) of the linear block is developed with dwelling structures, the building shall not be taller than the tallest dwelling structure on that linear block regardless of the zoning height allowances.

(Ord. 2000-71, 1-16-2001, eff. 1-18-2001; amd. Ord. 2008-57, 10-28-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29365#s914223
15-13-28: LEGAL CONFORMING TWO-FAMILY DWELLINGS OR DUPLEXES:linklink

Any two-family dwelling or duplex that was in legal existence prior to January 16, 2001, shall be considered legal conforming. Legal conforming status shall authorize alterations, extensions, additions, or replacement of the two-family dwelling or duplex, without having to comply with the requirements of chapter 6 of this title. When replacing a legal conforming two-family dwelling or duplex with a new two-family dwelling or duplex:


A. There shall not be a square footage limitation on the replacement dwelling;


B. The replacement structure shall not project into a required yard area beyond any encroachment established by the structure being replaced; and


C. The number of new parking stalls provided shall be equal to or more than the number of parking stalls being replaced, provided that all parking stalls, and accesses to such stalls, shall be paved with an asphalt or concrete surface.

(Ord. 2000-73, 1-16-2001, eff. 1-18-2001)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29365#s914224
15-13-29: SPECIAL PERMIT FOR TEMPORARY FACILITIES AFTER A DISASTER:linklink


A. Definitions: The following terms when used in this section shall have the following meanings:

DAMAGED BUILDING: A building that has been damaged and destroyed by fire, flood, wind, earthquake, or other "disaster" as defined in title 12, chapter 15 of this code.

SITE DEVELOPMENT STANDARD: Any regulation under this title that imposes:

1. Yard, setback, height or other dimensional requirements, regarding the placement of buildings, structures or other site improvements;

2. Building design or architectural requirements; or

3. Parking regulations or requirements.


B. Permit Granted: A temporary special permit may be granted allowing the temporary waiver of a site development standard, or the installation of a temporary building or structure not otherwise allowed as a permitted or conditional use, only as follows:

1. The person requesting the permit:

a. Was the occupant of a damaged building and its reconstruction or rehabilitation is being diligently pursued by the owner;

b. Plans to return to the damaged building after its reconstruction or rehabilitation; and

c. Is in need of temporary facilities until such reconstruction or rehabilitation is completed.

2. A temporary special permit shall only be granted if the applicant demonstrates, and it is determined by the approving authority, that:

a. Either:

(1) The duration of the temporary relocation does not justify the outlay of expenses necessary to bring the property into compliance with the applicable site development standard or use restriction, or

(2) The improvement required by the site development standard or use restriction is inconsistent with the subsequent use of the property;

b. If the temporary special permit does not relate to the site of the damaged building, the person requesting the permit has made a reasonable attempt to find temporary facilities, which comply with the requirements of this title;

c. The duration of the temporary special permit is no longer than reasonably necessary for the diligent reconstruction or rehabilitation of the damaged building; and

d. The temporary waiver will not negatively impact surrounding properties, cause public inconvenience, threaten the safety of the public, cause damage to adjacent public infrastructure or property, or substantially affect the implementation of the general plan.

3. An exception involving a design standard may be approved by the director, or the director's designee; provided, however, that any person denied such waiver may appeal to the Ogden City planning commission for a final administrative determination. The approving authority may impose conditions determined to be necessary to bring the requested waiver into compliance with the intent of this section.

4. The time period for the temporary special permit shall not exceed the period of time necessary for the diligent rehabilitation or reconstruction of the damaged building; provided, that in no event may the temporary special permit, nor any extension thereof, be approved for a period in excess of three (3) years.

5. It shall be the obligation of the person requesting the permit to provide all information determined by the approving authority to be necessary for the determinations required above.

6. Within sixty (60) days after the expiration date of the permit, the permittee or its successors or assigns shall either return the temporary site back to its original condition, or otherwise bring the site into compliance with the provisions of this title.

7. An agreement shall be entered into between the permittee and the city at the time of issuance of the permit, which defines the site restoration requirements, including restoration of landscaping, whether upon public or private property, and removal of any temporary structures, and provides notice to successors and assigns.


C. Intention: It is not the intention of this section to restrict the power of the mayor to grant temporary exceptions for emergency situations under section 15-1-13 of this title.

(Ord. 2001-64, 12-18-2001)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29365#s914225
15-13-30: LEGAL CONFORMING BACHELOR OR BACHELORETTE DWELLING:linklink

Any bachelor or bachelorette dwelling that was in legal existence prior to October 1, 1998, shall be considered a legal conforming use for certain purposes. Legal conforming use status shall authorize alterations, extensions, additions, or replacement of the dwelling, without having to comply with the requirements of chapter 6 of this title, except to the extent that the building or site does not comply with existing minimum yard setbacks, height restrictions, parking requirements, or landscaping requirements. If located in a multiple-family zone, the site development standards shall be the same as the requirements imposed on a multiple-family dwelling in the same zone. If located in single-family or two-family zone, the site development standards shall be those applicable to multiple-family dwellings in the R-3 zone.

(Ord. 2004-50, 7-27-2004)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29365#s914226
15-13-31: TRANSITION PROVISION FOR APPLICATION OF DEFINITION OF FAMILY1:linklink


A. Any dwelling unit having more than three (3) but no more than five (5) unrelated individuals residing on the premises as of July 27, 2004, shall not be required to comply with the definition of "family" as it applies to the allowed number of unrelated individuals until January 27, 2006, unless granted an extension under subsection B of this section. Notwithstanding the above, individuals residing in a dwelling unit as four (4) or five (5) unrelated individuals on July 27, 2004, shall be allowed to continue residency so long as no other individual is residing in the dwelling unit who was not residing therein on such date.


B. Extension:

1. Conditions: The director shall grant an owner of property affected by subsection A of this section an extension of the time for complying with the requirements of such subsection if:

a. The owner:

(1) By September 20, 2006, files a notice of intent to apply for a time extension as provided in this subsection B, and

(2) By June 20, 2007, files a complete application for an extension of time as provided in this subsection B; and

b. The owner's application for an extension of time demonstrates by a preponderance of evidence that:

(1) The nonconforming use which is the subject of the application was legally established as of July 27, 2004, and

(2) The owner is unable to recover prior to January 27, 2006, the amount of the owner's investment in the property, using the formula provided in subsection B2 of this section.

2. Formula:

a. The time period during which an owner may recover the amount of the owner's investment in property affected by subsection A of this section shall be determined by dividing the residual value of the property by the average monthly net rental income from the property. The resulting figure is the number of months which the owner shall have to recover his investment in the property. For the purposes of this subsection, the following definitions shall apply:

ADJUSTED PRESENT VALUE: A property's original purchase price plus any capital improvements and less depreciation and net income from the property, all as adjusted for inflation to July 27, 2004.

AMOUNT OF THE OWNER'S INVESTMENT: The adjusted present value of a property as of July 27, 2004.

COMPLIANCE VALUE: The appraised value of the property on July 27, 2004, based on compliance with the requirements of this section.

RESIDUAL VALUE: The difference between a property's adjusted present value and its compliance value as of July 27, 2004.

b. The time period determined under subsection B2a of this section shall apply to the property for which the owner made an application for extension and to the owner's successors, if any, until such time period has run.

3. Regulations: The director may adopt reasonable regulations to carry out the purpose of this subsection B.

4. Stay Of Enforcement Action: Timely filing of a notice of intent as provided herein shall stay any enforcement action pending the filing of a complete application as provided herein. Timely filing of the complete application for extension of time shall stay any enforcement action pending the director's final decision on the application.


C. The burden of establishing a right to maintain more than three (3) but no more than five (5) unrelated individuals under this section shall be on the owner, occupant or other possessor of the dwelling unit.

(Ord. 2004-50, 7-27-2004; Ord. 2006-26, 6-20-2006)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29365#s914227
15-13-32: LENGTH OF STAY IN A MOTEL OR HOTEL IF NO PERMANENT RESIDENCE:linklink

No owner or operator of a hotel or motel shall allow any individual or family without a primary residence at another location to stay a maximum of ninety (90) days in any twelve (12) month period.

(Ord. 2005-48, 7-26-2005)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29365#s914228
15-13-33: STANDARDS FOR ACCESSORY BUILDINGS IN RESIDENTIAL ZONES:linklink

In all Residential Zones, unless a more restrictive standard has been adopted within this title, accessory buildings shall meet the following requirements:


A. Quantity Allowed: Each residential lot may have up to a total of three (3) accessory buildings with a combined floor area not to exceed the maximum lot coverage allowed in the zone. The following buildings, although included in the lot coverage calculation, are not counted in the number of allowed accessory buildings:

1. One attached or detached garage or carport; and

2. Buildings that are open on a minimum of three (3) sides, limited to patio covers, trellises, cabanas, gazebos, or arbors.


B. Design: The original design of the building must have been to function as a typical accessory residential structure, such as a storage shed or carport, and not for some other use. Reuse of a metal structure originally designed or used for other purposes, such as shipping or cargo containers, is not allowed unless fully contained within an accessory building located, designed and built in compliance with this section.


C. Exterior Materials And Finish: The exterior surface of the accessory building shall be constructed of materials intended for exterior finished walls and roofs.

1. Exterior wall finish materials for a building over four hundred (400) square feet are limited to:

a. Brick, stone, or synthetic stone;

b. Wood lap, tongue and groove siding, hardiplank, or other similar siding;

c. Vinyl siding, glass, stucco or stucco appearing material;

d. Architectural metal when reviewed and approved by the Planning Commission on a case by case basis; or

e. Other metal finish materials when reviewed and approved by the Planning Commission on a case by case basis when the building meets all of the following criteria:

(1) The building is an accessory building to the primary use of either a single family home or agricultural use;

(2) The building is a detached structure on a lot larger than one-half (1/2) acre, and there are no other detached accessory structures larger than four hundred (400) square feet;

(3) Other considerations such as topography do not increase potential negative effects on the single family or agricultural use or that of adjacent parcels zoned as Residential;

(4) The metal exterior finish is either baked-on colored enamel or vinyl coating. No galvanized or bare metal permitted;

(5) Roof types are either gabled, shed or gambrel with a minimum pitch of 4:12 and a minimum six inch (6") eave overhang;

(6) A relief feature is included on at least one side of the building that breaks up the longer side, front, or roof elevation of the building (i.e., awning, building projection, etc.) and the roof of the relief feature is of the same materials as the roof materials of the building;





ACCEPTABLE roof projection

 


NOT ACCEPTABLE
 





ACCEPTABLE awning feature

 


NOT ACCEPTABLE (rear of building; roof doesn't relate to existing roof)
 

(7) Corrugated metal is not allowed unless it has a squared rib, not wavy rib appearance; and




- Wavy corrugated metal NOT ALLOWED (painted or nonpainted)



 

 
- Squared rib corrugated metal ALLOWED  

(8) Windows are located on at least two (2) of the four (4) sides of the building.

2. Exterior wall finish materials for a building under four hundred (400) square feet, in addition to the materials described in subsection C1 of this section, may also be:

a. Metal siding that has a baked enamel paint or vinyl coating;

b. Architectural metal; or

c. Rigid vinyl walls.

3. Open structures on corner lots that are otherwise allowed within the side yard setback facing a street shall be constructed of:

a. New dimensional lumber which is properly treated or of a species suitable for outdoor use; or

b. Dimensional HDPE (high density polyethylene), vinyl, or composite lumber designed for such use (e.g., Trex).

4. Roofing shall be made of materials designed for such application, including: composition asphalt/fiberglass shingles, wood shakes, slate, tile, or similar appearing materials, standing seam metal roof systems and metal shingles. Galvanized metal surfaces, reflective surfaces, or reuse of materials that are not originally designed as an exterior wall or roof finish material are not permitted.

5. The Director may allow the use of materials other than those listed above only if they are compatible with the exterior materials and finishes of the main residential building. If agreement cannot be reached on compatibility, the proposed materials/finishes shall be subject to Planning Commission review and approval.

6. The provisions of this subsection C do not supersede or nullify building design or material requirements applicable to the specific zone in which the building is located.


D. Location And Size:

1. No detached accessory building, other than trellises, shall be allowed between the front of the main residential building and the street.

2. A garage or carport attached to the main residential building is allowed between the front of the main residential building and the street if the front yard setback requirement for the zone is maintained and the garage or carport is integrated into the design of the residential building, with the same exterior wall treatment, roof slope, and roofing material as the building to which it is attached.

3. Metal accessory buildings must be located in the rear yard and shall not exceed the lesser of four hundred (400) square feet or the maximum lot coverage allowed in the zone.

4. Nonmetal accessory buildings and accessory buildings finished with architectural metal may be located in an interior side yard or rear yard provided they meet the required setbacks of the zone.

5. On a corner lot, an attached or detached accessory building (with or without a roof) that is open on at least three (3) sides may extend into the side yard setback facing a street up to the minimum side yard setback for an interior lot in its respective zone. Such structures are limited to covered or uncovered decks, patios, gazebos, pergolas, and trellises. The finished floor elevation of these structures may not be higher than eighteen inches (18") above finish grade.

6. Parking/storage of boats, trailers, campers, equipment, materials, etc., is prohibited within the side yard setback facing a street.

7. The footprint of an accessory building on a one-half (1/2) acre or smaller residential lot may not exceed the lesser of eighty percent (80%) of the footprint of the main residential building or the maximum lot coverage allowed in the zone.

8. The footprint of an accessory building on a larger than one-half (1/2) acre residential lot may not exceed the footprint of the main residential building unless authorized by a conditional use permit. In addition:

a. The accessory building may not exceed the maximum lot coverage allowed in the zone; and

b. An accessory building with a footprint greater than eighty percent (80%) of the footprint of the main residential building shall be set back from the rear and side lot lines a distance equal to the minimum required setback for main buildings in the zone.


E. Roof: An accessory building over two hundred (200) square feet shall have a pitched roof with a minimum of six inch (6") overhanging eaves or match the existing form, slope, and materials of the roof of the main residential building. The eave requirement may be modified by the Planning Commission upon finding that an exception to the eave standard is compatible with the main building and does not adversely impact the surrounding neighborhood.


F. Doors: If the building is equipped with a door or doors, the door or doors may not take up more than eighty percent (80%) of the structure's front face.


G. Height: The building shall not exceed the maximum height allowed by section 15-13-5 of this chapter.

(Ord. 2011-47, 10-18-2011; amd. Ord. 2019-12, 3-26-2019)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29365#s914229
15-13-34: SHORT TERM LOAN BUSINESSES:linklink


A. Location: No short term loan business shall be located within one thousand feet (1,000') of another short term loan business or within six hundred sixty feet (660') of a pawnbroker or sexually oriented business.


B. Measurements: Distances shall be measured in a straight line, without regard to intervening structures or zoning districts, from the property line of each business to the closest property boundary of the short term loan business, pawnbroker or sexually oriented business.


C. Number Allowed: The total number of short term loan businesses allowed in the city shall be limited to no more than fifteen (15).


D. Zoning: Short term loan businesses shall only be allowed in areas zoned for their use pursuant to the zoning ordinance. When allowed within a zoning district, a short term loan business may only be located on the following streets: Harrison Boulevard, Washington Boulevard, Wall Avenue, 12th Street, and Riverdale Road.


E. Disclosure Signs: Each short term loan business shall post a sign with solid black lettering on a white background, in 50-point, nonitalicized, bold arial typeface designed to achieve a letter height of at least one-half inch (1/2"), in the English and Spanish languages, at every public entrance to the business bearing the following disclosure:

DISCLOSURE REQUIRED BY OGDEN CITY
    THIS BUSINESS SPECIALIZES IN MAKING LOANS FOR SHORT-TERM NEEDS. THESE LOANS SHOULD NOT BE USED AS A LONG-TERM FINANCIAL SOLUTION.

DIVULGACIÓN REQUERIDA POR LA CIUDAD DE OGDEN
    ESTE NEGOCIO SE ESPECIALIZA EN LA TOMA DE PRÉSTAMOS PARA LAS NECESIDADES A CORTO PLAZO. ESTOS PRÉSTAMOS NO DEBEN UTILIZARSE COMO UNA SOLUCIÓN FINANCIERA A LARGO PLAZO.

The disclosure signs required by this section may be provided by the city, shall face the entrance to the business, and shall be placed either on the interior surface of the door so that the top edge of the sign is between forty eight inches (48") and seventy two inches (72") from the entrance threshold (measured vertically) or shall be located directly behind the entry door without any intervening obstruction, between forty eight inches (48") and seventy two inches (72") from the floor (measured vertically), as near to the entry door as is allowed by the current building code adopted by Ogden City. Existing short term loan businesses shall post the disclosure signs no later than July 1, 2010.


F. Additional Disclosures: If not otherwise required by state or federal law, a short term loan business shall:

1. Post in a conspicuous location on its premises that can be viewed by a person seeking a short term loan a complete schedule of any interest or fees charged using dollar amounts;

2. Enter into a written contract for the short term loan;

3. Provide the person seeking the short term loan a copy of the written contract described in subsection F2 of this section; and

4. Orally review with the person seeking the short term loan the terms of the short term loan including:

a. The amount of any interest rate or fee;

b. The date on which the full amount of a short term loan is due;

5. Comply with the following as in effect on the date the short term loan is extended:

a. Truth in lending act, 15 USC section 1601 et seq., and its implementing federal regulations;

b. Equal credit opportunity act, 15 USC section 1691, and its implementing federal regulations;

c. Bank secrecy act, 12 USC sections 1829b, 1951 through 1959, and 31 USC sections 5311 through 5332, and its implementing regulations; and

d. Title 70C, Utah consumer credit code.

(Ord. 2013-6, 1-22-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29365#s914230
15-13-35: REGULATIONS GOVERNING RETAIL TOBACCO SPECIALTY BUSINESS:linklink


A. A retail tobacco specialty business beginning operation after May 8, 2012, is required to have a minimum separation from each of the following uses:

1. One thousand feet (1,000') from:

a. A public or private kindergarten, elementary, middle, junior high or high school;

b. A licensed childcare facility or preschool;

c. A trade or technical school;

d. A church;

e. A public library;

f. A public playground;

g. A public park;

h. A youth center or other space used primarily for youth oriented activities;

i. A public recreation facility;

j. A public arcade; and

2. Six hundred feet (600') from:

a. Another retail tobacco specialty business;

b. An agriculture zone or use;

c. A residential zone or use.


B. The distance separation shall be measured in a straight line from the nearest entrance of the retail tobacco specialty business to the nearest property line of the other uses without regard to intervening structures or zoning districts.


C. Retail tobacco businesses established prior to May 9, 2012, that do not meet the minimum separation requirements are nonconforming uses and are subject to the nonconforming use provisions with the exception of abandonment of use. A nonconforming retail tobacco specialty business use is deemed abandoned if it is suspended or discontinued for more than sixty (60) consecutive days or the business license expires without renewal or is permanently revoked.

(Ord. 2013-50, 12-3-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29365#s956661
15-13-36: REGULATIONS GOVERNING FRONT ENTRY PORCHES IN RESIDENTIAL ZONES:linklink

Single-family dwellings in a residential zone may have a front porch that extends into the front yard setback, if:


A. The porch has an entrance facing the street;


B. The porch and porch roof are designed to follow the architectural lines and building materials of the home;


C. The deck, roof and columns or posts do not extend into the required front yard setback more than eight feet (8') and the eave overhang does not extend into the required front yard setback more than ten feet (10');


D. The porch has a minimum roof projection over the front door of four feet (4');


E. The porch extends at least five feet (5') in width along the front face of the dwelling and may extend the full length of the front of the dwelling;


F. The porch remains open on three (3) sides (except for see through insect screens) and does not have glass or walls taller than forty inches (40") around the sides that are open;


G. The portion of the porch within the setback does not include space for any other use, such as living or storage space; and


H. The distance from the front property line to the porch structure is not less than twelve feet (12').

(Ord. 2014-17, 4-22-2014)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29365#s981643
15-13-37: MOBILE FOOD TRUCKS AND MOBILE FOOD TRAILERS:linklink


A. Location:

1. When allowed in the use regulations applicable to a specific zoning category, mobile food trucks may be:

a. Located in a private parking lot with property owner approval for that location; or

b. Parked parallel to the curb in a public right-of-way.

2. Mobile food trailers are not allowed:

a. In residential zones except when part of a special event; or

b. Within the public right-of-way.


B. Parked In Private Parking Lot: When parked in a private parking lot, a mobile food truck or a mobile food trailer shall:

1. Have access to a permanent bathroom facility;

2. Be located on an improved portion of the lot; and

3. Be located on a lot where an occupied business is operating.


C. Parked In Public Right-Of-Way: When parked in the public right-of-way, a mobile food truck:

1. May only be parked for the applicable period of time allowed on the street where the food truck is located;

2. Is limited to operating on any one linear block once per day;

3. Is limited to one mobile food truck per linear block;

4. May have a maximum two foot (2') canopy extension projecting toward the public sidewalk;

5. May only occupy legal parallel parking where the serving window faces the public sidewalk;

6. May not supply street furnishings other than a garbage can located next to the truck;

7. May not, except with the permission of the restaurant, operate in the right-of-way in front of that portion of a building housing a restaurant on the main floor; and

8. May not, except with the permission of the property owner, operate immediately adjacent to a lot or parcel whose primary use is for a church, synagogue or similar permanent building used for regular religious worship.


D. Conditions That Apply: Regardless of where a mobile food truck or mobile food trailer is operated or parked, the following conditions apply:

1. A truck or trailer shall not operate within one hundred feet (100') of a sidewalk vending cart.

2. All signs are limited to those that are permanent and physically attached to the truck or trailer.

3. The operator shall provide trash and recycling containers which shall be removed from site when the truck or trailer leaves site.

4. Trucks and trailers are to be maintained in a neat and professional manner.

5. Hours of operation are between seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. with no overnight parking except at commissary location.

6. Trucks are not allowed to idle.

7. Music is allowed provided it does not exceed the noise ordinance.

(Ord. 2017-38, 8-22-2017)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29365#s981644
15-13-38: RESIDENTIAL VACATION RENTAL:linklink


A. Purpose: The purpose of residential vacation rentals in Ogden City is to provide a short term rental option in residential zones for individuals who have a primary residence at another location.

1. Special regulation of residential vacation rentals is necessary to ensure that they will be compatible with surrounding residential uses and will not be detrimental to, or alter, the neighborhoods in which they are located.

2. Notwithstanding any other provision of this section, a person may not be fined, charged, prosecuted, denied a business license or otherwise punished solely for the act of listing or offering a residential vacation rental.


B. Definitions: As used in this section, the following words shall have the meanings as defined in this subsection:

AGENT: A person or entity who contracts with an owner to manage or otherwise assist in the leasing or occupancy of real property as a residential vacation rental, except that it does not include a person or entity who solely provides software or internet services to list or market the owner's property to potential renters.

NET LIVING SPACE: Space within a residential vacation rental utilized for living, sleeping or eating, but not including space used for hallways, stairs, cooking, bathing, washing or sanitation purposes.

OWNER: A person or entity who claims an ownership interest in real property, including any part owner, joint owner or tenant in common of the whole or of a part of such land.

OWNER-OCCUPIED: A dwelling that is a person's primary residence; in which the person lives for at least eight (8) months each year; and for which title is in the person's name or in the name of a living trust of which the person is both the trustor and the beneficiary.


C. Proof Of Residency: A person desiring to be recognized as an owner-occupant shall establish that the property is the person's primary residence by showing that the property is taxed as their primary personal residence and providing two (2) of the following forms of evidence that match the address of the residence:

1. Either the address shown on the person's driver's license, vehicle registration, or State issued identification card;

2. The address shown on the person's voter registration; or

3. Either the address shown on the person's State or Federal tax return.


D. Permit Required: It is unlawful for an owner or the owner's agent to rent a dwelling as a residential vacation rental unless the owner or agent has a valid current Ogden City residential vacation rental permit and a rooming house business license under title 5 of this Code.


E. Issuance Of Permit: The issuance of a residential vacation rental permit is conditioned on the owner or owner's agent also obtaining and completing other permits that may be necessary to bring the dwelling into compliance with the standards of this section. The applicant shall pay any required fee and submit as part of the initial application for a residential vacation rental permit:

1. Detailed floor plans drawn to scale with labels on rooms indicating uses or proposed uses;

2. A drawing or other description as to how required legal off-street parking will be provided and the number of legal off-street parking spaces available;

3. A copy of a State issued sales tax license;

4. A statement affirming whether or not the vacation rental will be owner-occupied; and

5. The name and contact information of the person described in subsection I10 of this section.


F. Renewals: In order to renew a residential vacation permit, a person shall pay any required fee and provide:

1. A copy of the person's Utah Transient Room Tax Return for the prior year.

2. A list from the prior year of the nights the residential vacation rental was occupied, the number of people in each rental to whom it was rented and the length of occupancy of each person or group of people.


G. Compliance With Building Codes: A residential vacation rental shall be inspected upon initial application, upon any housing complaint filed with the City, and every two (2) years for non-owner occupied dwellings, to verify that the structure:

1. Complies with the information contained in the application and with the requirements of this section;

2. Complies with all applicable local and State Building, Health, Fire, Safety and Maintenance Codes;

3. Has windows in sleeping rooms that:

a. Comply with the current Building Code for egress window size and location in all basement sleeping rooms regardless of when the structure was built;

b. For buildings constructed prior to January 1, 1972, have a minimum operable width of twenty inches (20"), a minimum height of twenty four inches (24"), and a minimum glazing area of five (5) square feet, which can include meeting rails or muntins, in above grade sleeping rooms; and

c. For buildings constructed after January 1, 1972, comply with the Building Code in effect at the time the building was constructed in above grade sleeping rooms;

4. Has a functioning interconnected fire alarm system; and

5. Has a fire extinguisher with a current tag or new within a year with proof of purchase and a minimum rating of 2-A:10BC that is hung in a visible and accessible location with the top of the extinguisher no more than sixty inches (60") above the floor.


H. Spacing Of Non-Owner Occupied Residential Vacation Rentals: A non-owner-occupied residential vacation rental may not be located on the same linear block as another non-owner-occupied residential vacation rental, residential facility for persons with a disability or residential facility for elderly persons. A non-owner-occupied residential vacation rental permit may be renewed if a residential facility for persons with a disability or residential facility for elderly persons is established on the same linear block after the original residential vacation permit was issued.


I. Standards: All residential vacation rentals must conform to the following standards:

1. Occupancy Limits: A residential vacation rental may be occupied by no more than two (2) people per sleeping room, as established by the inspection described in subsection G of this section, plus two (2) additional people. The number of allowed occupants may be increased if:

a. The minimum number of required off-street parking spaces are provided based on the number of sleeping rooms in the structure;

b. The total number of permitted occupants does not exceed one (1) person for every two hundred (200) square feet of net living space, with the number of occupants rounded down to the nearest whole number; and

c. Any basement sleeping room designated or arranged for occupancy by more than two (2) people has a Code compliant door that exits directly to the exterior of the residential vacation rental.

2. Occupancy Limits For Owner-Occupied Rentals Where The Owner Is Absent: In addition to the numerical occupancy limits described in subsection I1 of this section, occupancy of an owner-occupied residential vacation rental that is not being lived in by the owner-occupant or a person related to the owner at the time of the vacation rental is limited to a single family as defined by section 15-2-7 of this title.

3. Occupancy Limits For Owner-Occupied Rentals Where The Owner Is Present: If the dwelling is being lived in by the owner-occupant or a person related to the owner-occupant at the time of the vacation rental:

a. Guest occupancy is limited to no more than two (2) adults, with or without minor children of the two (2) adults; and

b. The calculation of the number of guests allowed under subsection I1 of this section shall be based on the number of bedrooms or net living space occupied exclusively by the guests.

4. Single Contract: The residential vacation rental may not be the subject of multiple rental contracts for the same night or nights.

5. Off-Street Parking: A residential vacation rental shall provide no less than the two (2) off street parking spaces that meet the legal location and requirements for off street parking for a single-family dwelling or have been established as legal non-conforming parking.

a. No additional off street parking in the front or side yard of the residential vacation rental is allowed, such as a side yard parking slab or widened driveway, but tandem parking (1 vehicle behind another) in the driveway is allowed, provided the tandem parking does not extend over the property line or interfere with any public sidewalk.

b. A residential vacation rental with more than four (4) sleeping rooms that is not owner occupied or that is owner-occupied but not being lived in by the owner-occupant or a person related to the owner-occupant at the time of the vacation rental shall, in addition to the required two (2) off street parking spaces, provide off street parking at the rate of one-half (1/2) parking space for each additional sleeping room recognized in the permit, rounded up to the nearest whole number.

c. An owner-occupied vacation rental that is being lived in by the owner-occupant or a person related to the owner-occupant at the time of the vacation rental shall, in addition to the required two (2) off street parking spaces, provide off street parking at the rate of one-half (1/2) parking space for each sleeping room recognized in the permit, rounded up to the nearest whole number.

d. A residential vacation rental may not utilize a driveway shared with another parcel to provide access to parking unless the driveway was approved to serve a common development, such as in a planned unit development.

6. On-Street Parking: On street parking may not be used to satisfy the parking requirements for a residential vacation rental.

7. Garbage: Where a residential vacation rental receives garbage service from Ogden City, the owner shall provide the minimum one (1) Ogden City garbage cart and one (1) recycling cart.

a. Carts shall be placed at the side or rear of the dwelling and shall not be in public view except on collection days.

b. Information about allowed recycling materials and garbage collection dates shall be provided to the occupants of the residential vacation rental.

c. The owner is responsible to ensure that garbage or other material does not overflow the carts or accumulate outside of the carts.

8. Animals: If allowed by the owner, the number of household pets is limited to the number allowed for a single family home. Pets must be boarded inside the residence and may not be allowed outside unless accompanied by an adult.

9. Signage: Signage is limited to the same standards applicable to a home occupation, as contained in section 18-5-1, "Appendix A; Signs", of this Code.

10. Management: A responsible person shall be available at all times who is capable of personally responding to the residential vacation rental location within thirty (30) minutes.

a. The contact person name and phone number shall be posted in a prominent place inside of the dwelling together with a copy of the residential vacation rental permit; and

b. The contact information shall also be mailed by the responsible person annually to surrounding property owners within three hundred feet (300') of the property line of the residential vacation rental, except that mailing is not required for an owner occupied residential vacation rental where the owner does not make the dwelling available for rental during the owner's absence.


J. Permit Requirement: A residential vacation rental permit may not be issued for a dwelling in a single family residential zone unless the dwelling is owner-occupied.


K. Advertisements: An owner of property or the owner's agent who advertises or rents a residential vacation rental shall include the following information in every advertisement and in each rental contract:

1. The person's Ogden City residential vacation rental permit number;

2. The number of sleeping rooms available for rental as allowed in the permit;

3. The ceiling height of any basement sleeping room if the ceiling is between six feet eight inches (6'8") and seven feet (7');

4. The maximum number of people allowed to occupy the residential vacation rental as contained in the permit;

5. Whether pets are allowed and the conditions associated with pets; and

6. The number of legal off-street parking spaces recognized by the permit as allowed for use by the residential vacation rental.


L. Unlawful Advertising: It is unlawful for an owner of property or the owner's agent to advertise, represent orally or in writing, or sign a rental contract for a residential vacation rental that:

1. Authorizes more people to occupy the residential vacation rental than is allowed in the permit;

2. Allows the use of any portion of property outside of the residential vacation rental for sleeping purposes by pitching tents or otherwise;

3. Authorizes or provides for more parking spaces, including on-street parking, than are authorized in the permit.


M. Noncompliance With Standards: Noncompliance with the standards of this section; allowing the property associated with the residential vacation rental permit to become a nuisance, such as through violations of the City noise ordinance or property maintenance standards; failure to maintain the original conditions that allowed the residential vacation rental permit to be issued; and entering into sham transactions shall each constitute just cause for the denial of an application or renewal, or revocation of a residential vacation rental permit.

1. Revocation shall be based upon the findings of fact at an administrative hearing before a Hearing Officer, pursuant to title 5, chapter 1, article C of this Code, as such provisions may be applicable.

2. If the permit is revoked, the rental of the dwelling as a residential vacation rental shall terminate within thirty (30) days of the final determination.

3. A dwelling whose residential vacation rental permit has been revoked is not eligible for use as a residential vacation rental for a period of three (3) years from the date of revocation.

4. For purposes of this section, a sham transaction means any transaction which is meant to, or could result in, a violation or avoidance of other applicable zoning ordinances, including transactions:

a. Where a residential vacation rental is occupied by a person or group of people for more than thirty (30) consecutive nights, regardless of the term of any rental contract or contracts; or

b. Where a residential vacation rental is occupied by a person or group of people, regardless of the number of nights of occupancy, who do not have a primary residence at another location.


N. Denial Or Approval Of Application: After review by the Building Services and Fire Divisions, the Planning Division shall approve or deny an application for a residential vacation rental based on compliance with these regulations and payment of the fee established in section 4-6-1 of this Code.


O. Time Period; Renewal: A residential vacation rental permit is valid for one (1) year from the date of the approval and must be renewed annually. Change of property ownership does not void the residential vacation rental permit if the new owner obtains an updated permit within the earlier of ninety (90) days after acquiring title to the property or upon expiration of the existing permit.


P. Filing Period: There is an initial filing period, ending at five o'clock (5:00) P.M. on January 20, 2017, for individuals who desire to obtain a non-owner-occupied residential vacation rental permit to submit a permit application. If more than one (1) application is submitted for a particular linear block on or before the deadline, the Planning Division shall hold a drawing between the applicants for the available permit. An individual who is successful in a drawing shall complete any requirements to obtain a permit within three (3) months. If all requirements are not met, the next person in the drawing will be recognized as eligible for the permit subject to the same terms as the first successful applicant.

(Ord. 2017-24, 5-23-2017)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29365#s1105177
15-13-39: STANDARDS FOR ACCESSORY DWELLING UNITS:linklink

In all residential zones, unless a more restrictive standard has been adopted within this title, accessory dwelling units shall meet the following requirements:


A. Purpose: It is the purpose of this section to establish regulations controlling the use and construction of accessory dwelling units; to encourage individuals to become and remain homeowners by allowing limited opportunities for rental income; to allow the provision of security or services to owner occupants of the dwelling; to provide options for structures designed as single-family dwellings to meet the needs of owner occupants at a variety of stages in their life cycle; and to protect the stability of neighborhoods.


B. Number Of Accessory Units Per Parcel: An accessory dwelling unit (ADU) shall be allowed only on parcels containing a single-family dwelling. No more than one (1) accessory dwelling unit shall be allowed for a lot or parcel which also contains the single-family dwelling. ADUs shall not be allowed on lots or units which are part of a PRUD, apartment building, group dwelling or a condominium project.


C. Occupancy: The property owner, which includes titleholders, must occupy either the primary or accessory dwelling as their permanent and principal residence in order to qualify for an ADU.

1. As long as the owner occupies the main dwelling or the ADU then the other unit is allowed to be rented under this ADU provision.

2. The owner is permitted to have a separate seasonal residence but during the time away from the permanent residence they are not allowed to rent out their vacant permanent residence unit. For the purposes of this subsection "seasonal residence" shall mean living in another location up to four (4) months in one (1) calendar year.

3. The property owner shall conform to the definition of "family" as described in chapter 2 of this title.

4. The nonowner occupied unit is limited to no more than two (2) related or unrelated adults, with or without minor children of the two (2) adults.

5. Neither the single-family dwelling nor the ADU may be used or licensed as a residential vacation rental.


D. Size: The ADU shall not occupy more than forty percent (40%) of the building's total habitable square footage or for detached units shall not be less than three hundred (300) square feet or more than eight hundred (800) square feet. Detached units shall not occupy more than twenty five percent (25%) of the rear yard area of the lot.


E. Appearance: The appearance of the dwelling shall remain that of a single-family residence and not be altered with the exception of required egress windows from bedrooms or entry doors. Any new detached building to accommodate an accessory dwelling unit shall be designed to follow the architectural design, style, and character of the main building. The exterior surfaces shall have the same visual appearance of the exterior material and color of the main building. The height of the building shall not exceed one (1) story if the main building is one (1) story nor be taller than twenty five feet (25') to the peak of the roof if the main building is taller than one (1) story.


F. Outside Entrances: The entrances to the ADU and main dwelling shall use existing entrances to the dwelling if possible. If a separate entrance is required to be installed to one (1) of the units, it shall be by means of a door located in the side or rear of the building.





G. Parking: A single-family dwelling with an accessory dwelling unit shall have in existence the required two (2) off street parking spaces that meet the legal location and requirements for off street parking for a single-family dwelling. No additional off street parking in the front or side yard for the ADU is to be provided such as a side yard parking slab or widened driveway. Tandem parking (1 vehicle behind another) in the driveway that leads to legal parking for the main unit shall be the means of providing parking provided the tandem parking does not extend over the property line and the public sidewalk.


H. Compliance With Building Codes: The ADU shall comply with all applicable Building, Health and Fire Codes with special attention for existing buildings given to providing the required emergency access from bedrooms.


I. Application Procedure:

1. Any homeowner who resides in a single-family dwelling and whose property is in a residential zone and desires an accessory dwelling unit shall obtain an accessory dwelling permit. The accessory dwelling permit shall be in addition to any building permits that may be necessary to create the accessory dwelling unit. The applicant shall submit as part of the application for an accessory dwelling permit:

a. A site plan drawn accurately to scale that shows property lines and dimensions, the location of existing buildings and building entrances, any proposed building and its dimensions from buildings and property lines, and the location of parking stalls.

b. Detailed floor plans drawn to scale with labels on rooms indicating uses or proposed uses.

c. Written verification that the applicant is the owner of the property and has permanent residency in the existing single-family dwelling where the request is being made. The verification also requires the applicant to acknowledge that they are the owner-occupant and will remain an owner-occupant in order for an accessory dwelling unit to be permitted.

2. After review by the Building Services and Fire Divisions, the Planning Division shall approve or deny the application based on compliance with these regulations and payment of the same business license fee, including any disproportionate fee, as an owner occupied duplex under title 5, chapter 1, article B of this Code. The required fee may be reduced by any discounts available to an owner occupied duplex.

3. Noncompliance with the standards of this section shall be just cause for the denial of an application or revocation of an accessory dwelling permit if the original conditions are not maintained that allowed the accessory dwelling unit. Revocation shall be decided based upon the findings of fact at an administrative hearing before a Hearing Officer, pursuant to title 5, chapter 1, article C of this Code, as such provisions may be applicable. If the permit is revoked the accessory dwelling unit shall be removed within thirty (30) days of the final determination.

4. The approval of a permit for an accessory dwelling unit is valid for one (1) year from the date of the approval and must be renewed annually. Change of property ownership voids the accessory dwelling permit. A new permit must be applied for according to these requirements if the new owner desires an ADU.

(Ord. 2016-2, 1-12-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29365#s1105178
15-13-40: RESERVED:linklink

(Ord. 2017-32, 6-13-2017)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29365#s1216804
15-13-41: REGULATIONS FOR KEEPING OF RESIDENTIAL CHICKENS:linklink

The purpose of this section is to provide minimum regulations for the ability to keep residential chickens on a lot or parcel of property in all zones of Ogden City.


A. Residential chickens are only permitted as an accessory use to a single family owner occupied residential dwelling. Roosters are not allowed.


B. Residential chickens are permitted to be kept only in the rear yard of a lot or parcel that is used as an owner occupied single family dwelling where the rear yard has a minimum of two thousand (2,000) square feet of non-paved open area that is free of structures, excluding a coop and run.


C. Where there is sufficient yard space to allow residential chickens, the maximum number of chickens allowed is six (6).


D. The keeping of residential chickens is solely for egg production for the use of the occupants of the owner occupied dwelling.

1. Residential chickens shall not be slaughtered on site or used for meat.

2. An annual license is required for the keeping of each residential chicken.

3. Eggs or fertilizer that are produced by residential chickens are not permitted to be sold.


E. Residential chickens shall be maintained and contained in a chicken coop and enclosed chicken run.

1. A coop shall be a completely enclosed structure for housing, containing and protection of the residential chickens.

2. A run shall be enclosed on all sides, including the top, in which residential chickens are able to move around outside the chicken coop.

3. Residential chickens are not permitted to roam freely outside of the coop or run.


F. The chicken coop and run shall not exceed a footprint of one hundred twenty (120) square feet nor be taller than seven feet (7') in height.

1. Neither the coop or run shall be constructed of scrap or dilapidated materials nor use tarps or other non-rigid materials for shading or roofing.

2. Exterior finish materials for the coop shall be typical residential exterior materials except openings may be covered in wire mesh or netting rather than glass.


G. No portion of a coop or run shall be located closer than five feet (5') to any property line in the rear yard or to a dwelling on the lot associated with the coop and run.

1. In the case of a corner lot, a setback of five feet (5') to the rear yard setback line facing a street shall be kept clear of any coop or run.

2. The five foot (5') setback area adjacent to the coop or run shall be kept clear of any vegetation except sod grass to reduce the harboring of rodents or other wildlife.

3. A coop or run shall not be located closer than twenty five feet (25') to any dwelling structure on adjacent property.





H. Chicken feed shall be kept secure from rodents and other wildlife. Spillage and leftover feed must be removed daily.


I. Chicken manure must be either placed in containers used for composting on the property or air tight containers for the manure to be disposed of offsite. No open air storage of manure is permitted on the property.


J. An initial animal license application shall also require a land use permit that shows location of coop and run, area of open rear yard, and distance to adjacent dwellings. An inspection confirming compliance to the requirements of the land use permit is required prior to the animal license being issued.

(Ord. 2017-50, 12-19-2017)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29365#s1249378