USE REGULATIONS APPLICABLE TO RESIDENTIAL, CIVIC, COMMERCIAL, AND MANUFACTURING ZONES
11-11-1: PURPOSE AND INTENT
The regulations included hereinafter qualify or supplement, as the case may be, the zone regulations contained within all zone districts in this Title.
11-11-2: APPLICABILITY
The requirements of this Title as to minimum site development standards shall not be construed to prevent a use as permitted in a respective zone of any parcel of land in the event such parcel was held in separate ownership prior to December 31, 2000. Each such parcel to be developed must have not less than twenty feet (20') of frontage on a street, and the density of development may not exceed that permitted by area requirements in the respective zone.
On any lot proposed for development, under the same ownership as an adjoining lot and of record as of December 31, 2000, and such lot having a smaller width than required for the zone in which it is located, and the adjoining lot has sufficient width and size to allow both lots to meet at least the minimum zoning requirements, the lot shall be reconfigured and recorded so both lots meet at least the minimum standards of the zoning district wherein they are located.
11-11-3: ADDITIONAL YARD REGULATIONS
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 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.
Except for landscaping vegetation, every part of a 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, which do not project more than two feet (2') into the required yard.
No space needed to meet the width, yard, area, coverage, parking, or other requirements of this Title for a lot, parcel, or building may be conveyed away from such lot, parcel, or building.
No parcel of land which has less than the minimum width and area requirements for the zone in which it is located may be divided off from a larger parcel of land for the purpose, whether immediate or future, of building or development as a lot.
11-11-4: ADDITIONAL HEIGHT REGULATIONS
No building shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the zone in which such building is located, except as otherwise specifically provided, below.
In any district, to church spires, monuments and water towers; provided, that such structure shall be so located and constructed that if it should collapse, its reclining length would still be contained on the property on which it was constructed. Cupolas may be constructed to a maximum of four (4) feet in width and four (4) feet in height. A weather vane or lightning rod may be located on top of the cupola. Further, that these structures shall not be used for human occupancy.
In any nonresidential district, to noncommercial radio, telecommunication towers, or television antennas.
Wireless communications towers and antennas as approved in accordance with the requirements and provisions stated in CCNO 11-16.
11-11-5: PRIVATE WATER SUPPLY AND SEWAGE DISPOSAL
Public Water and Sewer Not Available. Domestic water supply and sewage disposal shall comply with the county health department and state health department requirements in all applications for a building permit where an approved supply of piped water under pressure, or a sewer, is not available.
Public Sewer Not Available. Where a public sewer is not available, a building permit will be issued only upon compliance with the following requirements:
The lot upon which the building is to be constructed is at least one acre in size. This requirement shall not apply to a lot of less than one acre in existence and of record prior to May 11, 1953, so long as all other requirements of this Title are complied with.
No other building permits have been granted for buildings to be located on the same lot.
The lot for which the building permit is sought is not located within an approved or proposed subdivision.
The proposed sewage or waste disposal system has been approved by the county board of health for the lot in question.
If the foregoing requirements have been met, then the applicant shall appear before the City Council for final approval of the building permit and construction of the sewage disposal system.
Final approval may be granted when the City Council finds:
The proposed sewage system meets the requirements heretofore set forth.
The construction or installation of the proposed sewage system will not constitute a nuisance.
The proposed sewage system will not endanger the health, safety or general welfare of the citizens of the City.
Any septic tanks or other means of private sewage disposal constructed or maintained in violation of the provisions of this section are declared to be a public nuisance and it shall be the duty of the City Attorney to proceed forthwith with proceedings declaring the subject matter of such violation to be a nuisance, and also to proceed forthwith the filing of a complaint for the criminal violations of this section and to abate the nuisance.
11-11-6: EXTERIOR LIGHTING
All fixtures must be fully shielded or full cutoff and downward directed so that no light is projected above the horizontal plan of the fixture.
The color temperature rating of fixtures lamps shall not exceed 2000 Kelvin.
All lighting fixtures shall limit horizontal light levels such that no direct light falls onto adjacent property.
Exterior lighting on residential properties shall be downward directed and no brighter than a 60 watt incandescent (or equivalent, compact fluorescent or LED rating).
With motion sensors, lighting on residential properties shall be no brighter than a 75 watt incandescent (or equivalent, compact fluorescent or LED rating).
The following lighting types are prohibited from being installed in the County:
Lighting that simulates, imitates or conflicts with warning signals, emergency signals or traffic signals
Blinking or flashing lights and exposed strip lights used to illuminate building facades or to outline buildings
Searchlights, laser lights, and aerial lasers or holograms
Lighting that is not in a full cut-off-fixture
Lighting in which any single luminaire exceeds 20,000 lumens
Bare lamps (not housed within a fixture) or lamp strings—except for holiday lighting— with outputs exceeding 25 lumens per lamp
11-11-7: WASTE DISPOSAL/DUMPING
Prohibited Dumping. The use of land for the dumping or disposal of scrap metal, junk, garbage, rubbish, refuse, ashes, slag or industrial wastes or byproducts, shall be prohibited in every district.
11-11-8: CONSTRUCTION TRAILERS AND MOBILE HOMES
Construction Office or Security Personnel Housing. A mobile home, motor home, truck camper or trailer may be allowed in any zone to conduct business or provide housing for security personnel during the construction of a permanent building when a valid building permit is in effect. Such a mobile home, motor home or travel trailer shall be removed immediately upon the completion or stoppage of construction.
Placement of Occupied Mobile Homes, Motor Homes, Truck Campers, Camping Trailers, Travel Trailers and Other Trailers. Mobile homes, not placed on permanent foundations, shall be located only in approved mobile home parks or subdivisions approved for mobile homes. Except as otherwise provided in this section, motor homes, camping trailers, truck campers and travel trailers that are occupied or used for living, sleeping or housekeeping purposes may be located only in recreational vehicle parks, campgrounds or recreational vehicle subdivisions. Aircraft and boats may not be used for living or housekeeping purposes.
11-11-9: TEMPORARY SPECIAL EVENT AND SIMILAR ACTIVITIES
Applicability. The provisions of this section do not apply to garage sales. All other temporary carnivals, circuses, revivals, rodeos, swap meets, and similar activities may be permitted only in commercial and manufacturing zoning districts, subject to the conditions of subsection B of this section.
Conditional Use Permit. A conditional use permit shall be obtained from the Planning Commission in accordance with the following:
The Planning Commission shall ensure that health and safety are considered, and the applicant shall obtain the approval of the county health department, the North View Fire Department and the Police Department prior to issuing the conditional use permit.
The Planning Commission shall ensure that land area and parking are adequate for the proposed use, and shall ensure that traffic safety is considered.
The Planning Commission shall require measures necessary to protect surrounding property, including setbacks, off-street parking, hours of operation, restroom availability, and lighting.
A time limit shall be established for each use conducted under the conditional use permit. This time limit shall in no case exceed seven (7) consecutive days, nor shall more than four (4) conditional use permits be issued for the same use during any calendar year.
Permanent structures shall not be permitted under a conditional use permit issued under this section.
11-11-10: TRASH ENCLOSURES
Purpose and Intent. The purpose of this section is to provide minimum standards for permanent enclosures for temporary storage of garbage, refuse and other waste materials shall be provided for every use, other than single-family dwellings and multiple-family dwellings of less than four (4) units.
Screening. The enclosure shall be entirely surrounded by screen walls or buildings. Trash enclosures shall comply with the following regulations:
Construction. Trash enclosures shall be so constructed that contents are not visible from a height of five feet (5') above grade from any abutting street or property and shall be constructed of materials to complement the building with solid concrete floor sloped for drainage and maintenance of sanitary conditions. Enclosures shall have a minimum height of 5’. Gates are required and shall be solid or baffled, with a minimum height of 5’.
Location. Trash enclosures shall not be located in any required front or side yard.
11-11-11: COMMERCIAL GROUP HOMES
A residential facility for persons with disabilities when conducted consistent with existing zoning of the desired location requires a permitted use application.
A residential facility for persons with disabilities shall:
Have twenty-four (24) hour adult supervision for facilities for the housing of minors.
Not house persons whose asserted "disability" is based upon their status as current users of illegal controlled substances, conviction for illegal manufacture or distribution of a controlled substance, sex offenders, or juvenile offenders.
Comply with applicable fire and building codes, including requirements imposed under the Americans with disabilities act; obtain a City business license; and acquire within thirty (30) days of receiving the City license, and maintain current, any necessary state license.
Not house persons who present a direct threat to the persons or property of others. When presented with clear and convincing evidence that a person housed in a facility does pose such a threat, that person shall be immediately removed from the facility.
Upon request for a reasonable accommodation from the owner or operator of a facility for disabled persons from strict compliance with a regulation imposed by local ordinance, the director of community and economic development is authorized to make any accommodation that in his or her opinion will not result in an imminent health or safety threat to residents of the facility.
11-11-12: FLAG LOTS
Flag lots shall not be allowed in any residential, commercial, or manufacturing zone, except as provided elsewhere in this Code.
11-11-13: PORTABLE STORAGE CONTAINERS
A storage container is not allowed in any residential zone, commercial or manufacturing zone for more than 14 days except as a temporary use associated with construction or renovation as outlined below. In such instances, the storage container shall be located on a concrete or asphalt surface, and shall meet all of the following criteria:
A storage container shall not be placed on a site more than thirty (30) days prior to the permitted activity.
A storage container shall be removed within thirty (30) days after a permitted activity is substantially completed.
Portable storage containers shall not be used as dwellings, or for camping, cooking or recreation purposes, and may not be connected to plumbing or electricity.
Portable storage containers shall be kept in good repair.
Portable storage containers shall not be allowed on vacant parcels of real property.
It is unlawful to use a storage container as a permanent structure or as an appendage to a permanent structure.
It is unlawful, in any zone, to vertically stack two (2) or more storage containers or stack/place any other materials or items on top of or around a storage container.
A storage container in a commercial or manufacturing zone shall be used in accordance with the following criteria:
A storage container shall be used solely for the transportation or shipment of goods and products; and
It is unlawful to use a storage container for business operations; and
A storage container not being actively used for transportation or shipment shall not be stored within North Ogden City.
Temporary fireworks stands are exempted from this subsections B (1-4).
A storage container in a residential zone shall be used in accordance with the following criteria:
Portable storage containers shall not be allowed for permanent storage.
Only one portable storage container shall be allowed per parcel or lot and not allowed on a vacant lot or parcel.
Portable storage containers used for moving in or out of a residence shall be allowed for a maximum of fourteen (14) days, and shall only be located on a driveway or other paved area on private property.
A construction storage container shall not be located on any property for more than six (6) months in any twelve (12) month period, measured continuously from the day the container is first placed. A construction storage container is not required to be placed on an asphalt or concrete surface. The Planning Director may grant extensions of up to six (6) months, but only if he/she determines that:
The storage container is located on a site with an active building permit.
The storage container is a necessary part of the construction process.
Not be allowed in the public right of way.
Construction is moving forward in a timely manner and in accordance with generally accepted industry standards.
The storage container may receive electricity with an electrical permit.
The storage containers shall be removed prior to the granting of a certificate of occupancy.
Existing prohibited storage containers will be given a 6-month amortization time period to continue to operate from November 1, 2016.
11-11-14: STREETSCAPE STANDARDS
As per Public Works standards, the streetscape design shall include the space behind the projected curb and tie into the required onsite landscape plan, e.g., depending on the street the development is located on, may include street trees, tree grates, pedestrian lighting, 5’ sidewalks, bus shelter location, and street furniture. Street art or other amenities may also be included. Storm water design may also be included such as bioswales.
The North Ogden Streetscape design standards are located in the North Ogden City Public Works Standards in Roadway Section RD-07 and RD-08. Streetscape designs are required for properties going through site plan review and shall be approved by the Planning Commission, upon the recommendation of the City Engineer.
The Planning Commission, at the request of the applicant, may adjust the streetscape design requirements based upon the unique characteristics of each property and after receiving a recommendation from the Engineering and Parks Department.
USE REGULATIONS APPLICABLE TO RESIDENTIAL, CIVIC, COMMERCIAL, AND MANUFACTURING ZONES
11-11-1: PURPOSE AND INTENT
The regulations included hereinafter qualify or supplement, as the case may be, the zone regulations contained within all zone districts in this Title.
11-11-2: APPLICABILITY
The requirements of this Title as to minimum site development standards shall not be construed to prevent a use as permitted in a respective zone of any parcel of land in the event such parcel was held in separate ownership prior to December 31, 2000. Each such parcel to be developed must have not less than twenty feet (20') of frontage on a street, and the density of development may not exceed that permitted by area requirements in the respective zone.
On any lot proposed for development, under the same ownership as an adjoining lot and of record as of December 31, 2000, and such lot having a smaller width than required for the zone in which it is located, and the adjoining lot has sufficient width and size to allow both lots to meet at least the minimum zoning requirements, the lot shall be reconfigured and recorded so both lots meet at least the minimum standards of the zoning district wherein they are located.
11-11-3: ADDITIONAL YARD REGULATIONS
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 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.
Except for landscaping vegetation, every part of a 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, which do not project more than two feet (2') into the required yard.
No space needed to meet the width, yard, area, coverage, parking, or other requirements of this Title for a lot, parcel, or building may be conveyed away from such lot, parcel, or building.
No parcel of land which has less than the minimum width and area requirements for the zone in which it is located may be divided off from a larger parcel of land for the purpose, whether immediate or future, of building or development as a lot.
11-11-4: ADDITIONAL HEIGHT REGULATIONS
No building shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the zone in which such building is located, except as otherwise specifically provided, below.
In any district, to church spires, monuments and water towers; provided, that such structure shall be so located and constructed that if it should collapse, its reclining length would still be contained on the property on which it was constructed. Cupolas may be constructed to a maximum of four (4) feet in width and four (4) feet in height. A weather vane or lightning rod may be located on top of the cupola. Further, that these structures shall not be used for human occupancy.
In any nonresidential district, to noncommercial radio, telecommunication towers, or television antennas.
Wireless communications towers and antennas as approved in accordance with the requirements and provisions stated in CCNO 11-16.
11-11-5: PRIVATE WATER SUPPLY AND SEWAGE DISPOSAL
Public Water and Sewer Not Available. Domestic water supply and sewage disposal shall comply with the county health department and state health department requirements in all applications for a building permit where an approved supply of piped water under pressure, or a sewer, is not available.
Public Sewer Not Available. Where a public sewer is not available, a building permit will be issued only upon compliance with the following requirements:
The lot upon which the building is to be constructed is at least one acre in size. This requirement shall not apply to a lot of less than one acre in existence and of record prior to May 11, 1953, so long as all other requirements of this Title are complied with.
No other building permits have been granted for buildings to be located on the same lot.
The lot for which the building permit is sought is not located within an approved or proposed subdivision.
The proposed sewage or waste disposal system has been approved by the county board of health for the lot in question.
If the foregoing requirements have been met, then the applicant shall appear before the City Council for final approval of the building permit and construction of the sewage disposal system.
Final approval may be granted when the City Council finds:
The proposed sewage system meets the requirements heretofore set forth.
The construction or installation of the proposed sewage system will not constitute a nuisance.
The proposed sewage system will not endanger the health, safety or general welfare of the citizens of the City.
Any septic tanks or other means of private sewage disposal constructed or maintained in violation of the provisions of this section are declared to be a public nuisance and it shall be the duty of the City Attorney to proceed forthwith with proceedings declaring the subject matter of such violation to be a nuisance, and also to proceed forthwith the filing of a complaint for the criminal violations of this section and to abate the nuisance.
11-11-6: EXTERIOR LIGHTING
All fixtures must be fully shielded or full cutoff and downward directed so that no light is projected above the horizontal plan of the fixture.
The color temperature rating of fixtures lamps shall not exceed 2000 Kelvin.
All lighting fixtures shall limit horizontal light levels such that no direct light falls onto adjacent property.
Exterior lighting on residential properties shall be downward directed and no brighter than a 60 watt incandescent (or equivalent, compact fluorescent or LED rating).
With motion sensors, lighting on residential properties shall be no brighter than a 75 watt incandescent (or equivalent, compact fluorescent or LED rating).
The following lighting types are prohibited from being installed in the County:
Lighting that simulates, imitates or conflicts with warning signals, emergency signals or traffic signals
Blinking or flashing lights and exposed strip lights used to illuminate building facades or to outline buildings
Searchlights, laser lights, and aerial lasers or holograms
Lighting that is not in a full cut-off-fixture
Lighting in which any single luminaire exceeds 20,000 lumens
Bare lamps (not housed within a fixture) or lamp strings—except for holiday lighting— with outputs exceeding 25 lumens per lamp
11-11-7: WASTE DISPOSAL/DUMPING
Prohibited Dumping. The use of land for the dumping or disposal of scrap metal, junk, garbage, rubbish, refuse, ashes, slag or industrial wastes or byproducts, shall be prohibited in every district.
11-11-8: CONSTRUCTION TRAILERS AND MOBILE HOMES
Construction Office or Security Personnel Housing. A mobile home, motor home, truck camper or trailer may be allowed in any zone to conduct business or provide housing for security personnel during the construction of a permanent building when a valid building permit is in effect. Such a mobile home, motor home or travel trailer shall be removed immediately upon the completion or stoppage of construction.
Placement of Occupied Mobile Homes, Motor Homes, Truck Campers, Camping Trailers, Travel Trailers and Other Trailers. Mobile homes, not placed on permanent foundations, shall be located only in approved mobile home parks or subdivisions approved for mobile homes. Except as otherwise provided in this section, motor homes, camping trailers, truck campers and travel trailers that are occupied or used for living, sleeping or housekeeping purposes may be located only in recreational vehicle parks, campgrounds or recreational vehicle subdivisions. Aircraft and boats may not be used for living or housekeeping purposes.
11-11-9: TEMPORARY SPECIAL EVENT AND SIMILAR ACTIVITIES
Applicability. The provisions of this section do not apply to garage sales. All other temporary carnivals, circuses, revivals, rodeos, swap meets, and similar activities may be permitted only in commercial and manufacturing zoning districts, subject to the conditions of subsection B of this section.
Conditional Use Permit. A conditional use permit shall be obtained from the Planning Commission in accordance with the following:
The Planning Commission shall ensure that health and safety are considered, and the applicant shall obtain the approval of the county health department, the North View Fire Department and the Police Department prior to issuing the conditional use permit.
The Planning Commission shall ensure that land area and parking are adequate for the proposed use, and shall ensure that traffic safety is considered.
The Planning Commission shall require measures necessary to protect surrounding property, including setbacks, off-street parking, hours of operation, restroom availability, and lighting.
A time limit shall be established for each use conducted under the conditional use permit. This time limit shall in no case exceed seven (7) consecutive days, nor shall more than four (4) conditional use permits be issued for the same use during any calendar year.
Permanent structures shall not be permitted under a conditional use permit issued under this section.
11-11-10: TRASH ENCLOSURES
Purpose and Intent. The purpose of this section is to provide minimum standards for permanent enclosures for temporary storage of garbage, refuse and other waste materials shall be provided for every use, other than single-family dwellings and multiple-family dwellings of less than four (4) units.
Screening. The enclosure shall be entirely surrounded by screen walls or buildings. Trash enclosures shall comply with the following regulations:
Construction. Trash enclosures shall be so constructed that contents are not visible from a height of five feet (5') above grade from any abutting street or property and shall be constructed of materials to complement the building with solid concrete floor sloped for drainage and maintenance of sanitary conditions. Enclosures shall have a minimum height of 5’. Gates are required and shall be solid or baffled, with a minimum height of 5’.
Location. Trash enclosures shall not be located in any required front or side yard.
11-11-11: COMMERCIAL GROUP HOMES
A residential facility for persons with disabilities when conducted consistent with existing zoning of the desired location requires a permitted use application.
A residential facility for persons with disabilities shall:
Have twenty-four (24) hour adult supervision for facilities for the housing of minors.
Not house persons whose asserted "disability" is based upon their status as current users of illegal controlled substances, conviction for illegal manufacture or distribution of a controlled substance, sex offenders, or juvenile offenders.
Comply with applicable fire and building codes, including requirements imposed under the Americans with disabilities act; obtain a City business license; and acquire within thirty (30) days of receiving the City license, and maintain current, any necessary state license.
Not house persons who present a direct threat to the persons or property of others. When presented with clear and convincing evidence that a person housed in a facility does pose such a threat, that person shall be immediately removed from the facility.
Upon request for a reasonable accommodation from the owner or operator of a facility for disabled persons from strict compliance with a regulation imposed by local ordinance, the director of community and economic development is authorized to make any accommodation that in his or her opinion will not result in an imminent health or safety threat to residents of the facility.
11-11-12: FLAG LOTS
Flag lots shall not be allowed in any residential, commercial, or manufacturing zone, except as provided elsewhere in this Code.
11-11-13: PORTABLE STORAGE CONTAINERS
A storage container is not allowed in any residential zone, commercial or manufacturing zone for more than 14 days except as a temporary use associated with construction or renovation as outlined below. In such instances, the storage container shall be located on a concrete or asphalt surface, and shall meet all of the following criteria:
A storage container shall not be placed on a site more than thirty (30) days prior to the permitted activity.
A storage container shall be removed within thirty (30) days after a permitted activity is substantially completed.
Portable storage containers shall not be used as dwellings, or for camping, cooking or recreation purposes, and may not be connected to plumbing or electricity.
Portable storage containers shall be kept in good repair.
Portable storage containers shall not be allowed on vacant parcels of real property.
It is unlawful to use a storage container as a permanent structure or as an appendage to a permanent structure.
It is unlawful, in any zone, to vertically stack two (2) or more storage containers or stack/place any other materials or items on top of or around a storage container.
A storage container in a commercial or manufacturing zone shall be used in accordance with the following criteria:
A storage container shall be used solely for the transportation or shipment of goods and products; and
It is unlawful to use a storage container for business operations; and
A storage container not being actively used for transportation or shipment shall not be stored within North Ogden City.
Temporary fireworks stands are exempted from this subsections B (1-4).
A storage container in a residential zone shall be used in accordance with the following criteria:
Portable storage containers shall not be allowed for permanent storage.
Only one portable storage container shall be allowed per parcel or lot and not allowed on a vacant lot or parcel.
Portable storage containers used for moving in or out of a residence shall be allowed for a maximum of fourteen (14) days, and shall only be located on a driveway or other paved area on private property.
A construction storage container shall not be located on any property for more than six (6) months in any twelve (12) month period, measured continuously from the day the container is first placed. A construction storage container is not required to be placed on an asphalt or concrete surface. The Planning Director may grant extensions of up to six (6) months, but only if he/she determines that:
The storage container is located on a site with an active building permit.
The storage container is a necessary part of the construction process.
Not be allowed in the public right of way.
Construction is moving forward in a timely manner and in accordance with generally accepted industry standards.
The storage container may receive electricity with an electrical permit.
The storage containers shall be removed prior to the granting of a certificate of occupancy.
Existing prohibited storage containers will be given a 6-month amortization time period to continue to operate from November 1, 2016.
11-11-14: STREETSCAPE STANDARDS
As per Public Works standards, the streetscape design shall include the space behind the projected curb and tie into the required onsite landscape plan, e.g., depending on the street the development is located on, may include street trees, tree grates, pedestrian lighting, 5’ sidewalks, bus shelter location, and street furniture. Street art or other amenities may also be included. Storm water design may also be included such as bioswales.
The North Ogden Streetscape design standards are located in the North Ogden City Public Works Standards in Roadway Section RD-07 and RD-08. Streetscape designs are required for properties going through site plan review and shall be approved by the Planning Commission, upon the recommendation of the City Engineer.
The Planning Commission, at the request of the applicant, may adjust the streetscape design requirements based upon the unique characteristics of each property and after receiving a recommendation from the Engineering and Parks Department.