Ogden City Zoning Code
ARTICLE VIII
Building and Lot Requirements
§ 300-58 Residential floor area.
[Amended 5-27-1998 by L.L. No. 3-1998; 6-25-2008 by L.L. No. 9-2008; 9-14-2022 by L.L. No. 3-2022]
Minimum Habitable Floor Area Required | ||||
|---|---|---|---|---|
District | 1-Story (square feet) | 1 1/2-Story First Floor (square feet) | Second Floor (square feet) | 2-Story (square feet each floor) |
RA | 1,200 | 864 | 504 | 800 |
RR | 1,600 | 960 | 640 | 960 |
RT | 1,600 | 960 | 640 | 960 |
R-1 | 1,500 | 960 | 640** | 900 |
R-2 | 1,000 (per living unit) | 864* (per living unit) | 504 | 660* (per living unit) |
MFR | (See § 300-30C) | |||
RHD | 960 | 864 | 504 | 640 |
NOTES: | |
|---|---|
* | For two-family units only. Single-family homes in the R-2 District must meet the requirements of the R-1 District. |
** | When first-floor square footage exceeds 1,400 square feet, the minimum second-floor square footage is then waived. |
§ 300-59 Accessory structures.
The following regulations shall apply to accessory structures:
A.
In all districts:
(1)
Yard requirements. An accessory structure attached to a principal building shall comply in all respects with the yard requirements of this chapter for the principal building. Detached accessory structures shall be located to the rear of the front building line of the principal building and shall conform to the yard requirements of this chapter.
[Amended 11-28-2018 by L.L. No. 1-2018]
B.
In agricultural and residential districts:
(1)
Height restriction: Sheds up to 200 square feet shall not exceed 15 feet in height. Accessory structures of 200 square feet or more shall not exceed 24 feet in height, except farm structures.[1]
[Amended 12-22-2004 by L.L. No. 5-2004; 4-12-2023 by L.L. No. 2-2023]
[1]
Editor's Note: Former Subsection B(2), regarding space between accessory and other structures, as amended, which immediately followed, was repealed 4-12-2023 by L.L. No. 2-2023.
§ 300-60 Building height exceptions. [1]
Chimneys, spires, towers, elevator penthouses, tanks, utility housings and similar types of projections are permitted if they rise no higher than 25% of the building's height from the roof's surface. Projections which rise higher than 25% of the building's height require a special use permit in accordance with procedures as set forth in Article XI of this chapter.
§ 300-61 Street numbers.
All principal structures located within any rural, residential, commercial or industrial zoning district shall have or display at least one set of street numbers assigned to them. Numbers must be prominently displayed on the front of said structures, and in no case shall script design be permitted. All stores and businesses shall have the numbers displayed at the main entrance.
A.
In the case where the principal structure is not clearly visible from the street or is more than 75 feet from the edge of the road right-of-way, a post with the property numbers displayed upon it, not to exceed five feet in height, shall be installed in close proximity to the property access, no less than five feet nor greater than 25 feet from the edge of the road right-of-way. All numbers must be visible from the street and be away from shrubs, fences and trees.
B.
All numbers shall be Arabic in design only with a minimum of five inches in height and shall sharply contrast in color from the structure.
C.
In the case of new construction, no temporary or final certificate of occupancy will be issued until the Building Inspector verifies that such street numbers have been properly installed. Furthermore, no inspection for new construction will be provided until the developer installs the lot number in a prominent location on the site prior to construction.
D.
The absence of address numbers or the insecure fastening or absence of any whole number thereof or the use of any number not properly assigned by the Town or its failure to meet visibility requirements shall be considered to be in violation of this article.
E.
Any structure having street numbers that are Arabic in design, logical in sequence, within the distance required, a minimum of four inches in height and of contrasting colors as of the effective date of this section shall be deemed to be in substantial compliance with this section.
F.
Address numbers of mailboxes are not acceptable as a substitute for the above regulations.
G.
The Town Building Inspector is hereby authorized to grant exemptions from the number size requirement of this section where public safety is not adversely impacted.
H.
The Building Inspector is authorized to enforce the provisions of this article.
§ 300-62 Public properties.
A.
The provisions of this chapter shall not restrict construction on or the use of public lands, buildings or property used in the exercise of a governmental function where that governmental unit's activities are exempt from the Town authority (e.g., Fire Departments, voting facilities, utility installations, etc.).
B.
Public buildings and grounds which are not exempt from the Town's building and zoning laws may be permitted in any authorized district upon application to the Town Board for a special use permit. Said special use permit shall be for the proposed use only. If said special use permit is granted, site plan approval must be secured from the Planning Board before construction may begin.
C.
The minimum width of a public building lot at the street line shall be 250 feet, the minimum area shall be 100,000 square feet, the minimum front setback shall be 100 feet, the minimum side and rear setback of all structures shall be 80 feet and the minimum side and rear setback of all parking areas shall be 40 feet.
§ 300-63 Setback exceptions.
A.
Exempt from the setback requirements of this chapter are balconies, cantilevers, roof overhangs and similar types of projections, which project less than three feet into any required yard that is unencumbered by an easement.
B.
When any residential building is to be located on a road or street on the same side of which residential structures are located within 300 feet on either side, the minimum front setback shall be not less than the average setback of all such residential buildings within said distance, but in no case shall such setback be less than 40 feet.
[Added 9-14-2005 by L.L. No. 6-2005]
§ 300-64 Frontage.
Every principal building shall be built upon a lot with at least 15 feet frontage upon a public or private street improved to meet the Town's requirements.
§ 300-65 Street widening; measuring of front yard.
Where a building lot has frontage on a street which is proposed for right-of-way widening, the required front yard area shall be measured from such proposed right-of-way line.
§ 300-66 Separate lots for principal buildings.
A.
No residential lot shall have erected upon it more than one principal building except in an MFR Multiple-Family Residential District.
B.
No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other building.
§ 300-67 Creation of new lot.
When a new lot is formed so as to include within its boundaries any part of a former lot on which there is an existing building or use, the subdivision must be carried out in such a manner as will not infringe upon any of the provisions of this chapter, either with respect to any existing structures or use and any proposed structures or use.
§ 300-68 Lots in two districts.
Where a district boundary line divides a lot in single or joint ownership of record at the time such line is adopted, the regulations for the less restricted portion of such lot shall extend not more than 50 feet into the more restricted portion, provided that the lot has frontage on a street in the less restricted district.
§ 300-69 Corner and through lots.
For the purposes of regulating the locations of buildings on corner lots and on lots extending through or between two nonintersecting streets, all buildings on a corner lot or a through lot shall be subject to the front yard requirements of the zone district in which said corner lot or through lot is located on those sides which face the streets.
§ 300-70 Odd-shaped lots.
A.
Building in residential districts shall be permitted on odd-shaped lots if said lot has a width of at least 50 feet at the front line, provided that there is a width equal to the minimum lot width specified in this chapter at the front wall of the building and said lot has a minimum square foot area as specified in this chapter. All measurements shall be on a straight line and not along arcs.
B.
Flag lots. Flag lots may be permitted in residential districts if said lots have a width of at least 15 feet at the street line. The access panhandle shall have a minimum width of 15 feet. The area in the access panhandle shall not be used in calculating lot size unless the total area of the parcel is five acres or more. The front setback for a flag lot may be treated as a side setback as long as it is equal to or greater than the applicable side setback in that district.