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)

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)

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)

   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)

   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-sided accessory building on a lot one-half (½) acre or over, twelve and one-half feet (12'6").

   D.   Design And Placement Of Tall Buildings: Any building or structure in a multiple-family, commercial, or manufacturing zone proposed to be in excess of thirty-five feet (35') tall that is next to a single-family residential or open space zone shall be set back from the property line of the single-family residential or open space zoned property a minimum of thirty-five feet (35') plus one foot (1') for every foot the building is taller than thirty-five feet (35'). A building or structure may stagger the height so long as the height of the section that is over thirty-five feet (35') meets this setback from the single-family residential or open space zoned property line.

(Ord. 2011-40, 7-5-2011; amd. Ord. 2022-42, 10-11-2022; Ord. 2023-15, 4-4-2023)

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)

   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)

   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)

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)

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)

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)

   A.   Daycare Center Regulations: A daycare center shall comply with the following:

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

      2.   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.

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

   B.   Licensed Family Child Care Regulations: A provider of licensed family child care shall comply with the following:

      1.   Hours Of Operation: Hours of operation shall be limited to between the hours of seven o'clock (7:00) A.M. to eight o'clock (8:00) P.M.

      2.   Outdoor Areas: All outdoor play areas shall be within a fenced area. Fence height shall be in accordance with section 15-13-7 of this chapter.

      3.   Pick-Up And Drop-Off: Pick-up and drop-off times shall be staggered so that no more than eight (8) children are being dropped-off/picked-up at a time. Pick-up and drop-off procedures shall not interfere with the flow of traffic on any through streets.

      4.   The provider must be at least eighteen (18) years old and be the owner and occupant of the dwelling being used to provide child care. Two (2) qualified caregivers are required if there are more than eight (8) children in care and if there are more than two (2) children younger than two (2) years old in care. A provider may not provide care for more than four (4) children younger than two (2) years old.

      5.   The provider shall be licensed by the State of Utah and comply with all interior and exterior size requirements and other applicable rules or regulations.

(Ord. 73-22, 7-12-1973; amd. Ord. 90-52, 10-25-1990; Ord. 2020-60, 12-1-2020)

   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, C-MU, and C-9.

      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.   Drinking Establishment: If a proposed drinking establishment 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 drinking establishment and meeting the distance requirements for an adult live entertainment business, is an appropriate location for a drinking establishment and shall be considered a permitted use, notwithstanding any other provisions of this title classifying such use as a conditional use. Any drinking establishment so allowed as a permitted use shall also be subject to the following:

      1.   No more than two (2) drinking establishments per linear block.

      2.   The location is in a zone allowing a drinking establishment as a conditional use.

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

(Ord. 2009-61, 10-27-2009; amd. Ord. 2020-24, 6-23-2020; Ord. 2023-16, 4-11-2023)

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)

   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)

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 planted and maintained in such a manner that they will not encroach onto public sidewalks and travel lanes from the ground level to seven feet (7') above the sidewalk or ten feet (10') above the shoulder area of a street.

      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.

      4.   The area between a curb and sidewalk shall be landscaped in one of the following manners. Revisions to existing park strips shall also conform to one of these required standards:

         a.   Turf grass only when the width of the park strip is wider than eight feet (8') with trees spaced at a maximum of forth feet (40') on center;

         b.   Water-wise ground covers, trees and shrubs. Plant selections shall be those plants listed as water-wise by various regional resources as acceptable plantings for northern Utah climate, shrubs or ground covers, and shall be planted in such a manner that a minimum fifty percent (50%) of the ground surface area shall be covered by the plants at mature growth. Shrubs and other plantings except trees shall be maintained at a maximum of two feet (2') in height. Trees shall be spaced at a maximum of forty feet (40') on center. The coverage does not include the area covered by any deciduous tree canopy above the ground. Mulch shall be placed between the plants and trees to cover the ground. The depth of the mulch shall be four inches (4") for wood bark or chips and at a depth of twice the size of any gravel or small stone mulch but in no case less than three inches (3") thick;

         c.   Mulch ground cover with trees spaced at a maximum of forty feet (40') on center. When mulch ground cover is used, there shall not be a concrete surface underneath the ground cover. When a rock mulch is used, the rocks used in the ground cover must be between one and one half inches (1.5") and four inches (4") in size. Accent boulders may be placed in the park strip with mulch provided they are not taller than two feet (2'). Mulch shall be used to cover the ground to a depth of four inches (4") for wood bark or chips and at a depth of twice the size of any gravel or small stone mulch but in no case less than three inches (3") thick.

         d.   Park strips which are less than three feet (3') in width shall be incorporated into the sidewalk concrete for new development or if the existing plant material is removed be replaced only with concrete and match the elevation of the adjacent sidewalk and curb.

         e.   One hard surface walkway may be allowed in the park strip provided it is perpendicular to the curb and sidewalk and aligns with the front door of the building on the private property adjacent to the park strip. The maximum width of the walkway is ten feet (10').

         f.   Special variations to allow the area between curb and property line to be hard surfaced with tree planting areas are permitted upon approval by the city when the development is located between 10th Street and 27th Street and Wall Avenue to Washington Boulevard.

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

      6.   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.   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:

            (1)   Public or private community center;

            (2)   Park;

            (3)   School; or

            (4)   University.

   B.   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, weeds, and debris.

      2.   Landscaped areas shall be weeded on a regular basis. Perennial plants shall be trimmed, cutting back dead growth and seed heads after seeds have dropped.

      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.   Turf grass 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.

   C.   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.

   D.   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 landscaped according to the following conditions:

         a.   New development shall be limited to a maximum of thirty-five percent (35%) of the required landscaped area in turf grass;

         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.

         d.   All required landscaping areas in front yard setbacks, side yard setbacks, and other required setback for parking less than ten feet (10') in width, and side yard setbacks facing a street, shall be landscaped only with water-wise landscape plantings. Plant selections shall be those plants listed as water-wise by various regional resources as acceptable plantings for northern Utah climate and irrigated by an acceptable drip irrigation system that meets the requirements found in chapter 15-28 of this title. The water-wise shrubs shall be spaced so that at mature growth they cover a minimum of fifty percent (50%) of the planter surface area. Mulch shall be placed to cover the ground under and around plants and in areas without plants at a depth of four inches (4") for wood bark or chips and at a depth of twice the size of any gravel or small stone mulch but in no case less than three inches (3") thick.

      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. In times of declared severe drought, plantings are allowed to be delayed until after September 1 when stress on the plant sustainability is lowered.

   E.   Single-Family Dwellings:

      1.   New single-family dwellings where a building permit is applied for after July 15, 2025, shall be limited to a maximum of 35% total landscaped area in turf in the front, side yard facing a street on a corner lot, and side yard.

      2.   The front yard and side yard facing a street on a corner lot of a single-family dwelling shall be landscaped such that at least 50% of the landscaped area is covered by living plants.

      3.   Landscaped areas consisting of mulch adjacent to a driveway shall include a barrier, such as plants, fencing or boulders, to prevent the landscaped area from being used for parking or maneuvering.

      4.   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 or a financial guarantee provided in accordance with Section 15-13-23. Large street trees shall be spaced at 40 feet on center, medium trees shall be spaced at 30 feet on center, and small trees shall be spaced at 20 feet on center. Trees in the park strip shall have a minimum height of seven feet 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.

   F.   Commercial and Manufacturing Landscaping: A maximum of fifteen percent (15%) of the landscaped area for a new development can be in turf grass except additional turf grass can be used if placed in areas used for outdoor recreation.

   G.   Parks and Cemeteries: Parks and cemeteries are considered high traffic use areas and turf grass is an appropriate ground cover and not subject to the same restrictions on limitation on turf grass usage.

(Ord. 2016-12, 3-1-2016; amd. Ord. 2020-55, 11-10-2020; Ord. 2022-34, 7-5-2022; Ord. 2025-24, 7-15-2025)

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)

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)

   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)

   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, and commercial C-3 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; amd. Ord. 2023-16, 4-11-2023)

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)

In addition to any other requirements applicable to multiple-family dwellings, any building that was originally constructed as or converted to a hotel or motel that is proposed to be converted to a multiple-family dwelling shall comply with all of the following standards:

   A.   A minimum of fifteen percent (15%) of the dwelling units shall have a bedroom of at least one hundred (100) square feet, a living area of at least one hundred (100) square feet, and a total floor area of at least three hundred (300) square feet.

   B.   An additional ten percent (10%) of the dwelling units shall have two or more bedrooms of at least one hundred (100) square feet each, and a total floor area of at least four hundred fifty (450) square feet.

   C.   Each dwelling unit shall have a kitchen or kitchen area that includes all of the following:

      1.   A range, or separate wall oven and stove, with gas or a minimum two-phase, two hundred forty (240) volt electric connection in a separate circuit, in addition to any microwave oven.

      2.   A kitchen sink with hot and cold water separate from any washroom sink.

      3.   A refrigerator with freezer, with a separate electric circuit.

      4.   A separate storage cabinet or cabinet for food and food preparation equipment with at lease twelve (12) cubic feet of storage area, and

      5.   A permanent food preparation counter of at lease five (5) square feet.

   D.   The facility shall provide either laundry hookups within each dwelling unit or an on-site common laundry facility.

   E.   A facility with sixteen (16) or more dwelling units shall have a twenty-four (24) hour on-site manager.

   F.   The facility shall comply with all other requirements applicable to a new multiple-family dwelling, including density, parking, amenities, landscaping, open space, and architectural features, except that an existing building that does not meet setbacks or maximum lot coverage standards may remain.

(Ord. 96-51, 10-22-1996; amd. Ord. 2023-7, 2-7-2023)

   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)

   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)

   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)

   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)

   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.   Multiple-Family Developments In Residential Zones: New construction shall meet the following site plan and design requirements in addition to the requirements for lot area, yard setbacks, height, and lot coverage of the specific zone the development is located in:

      1.   Building types - Multiple-family dwelling buildings can be designed as:

         a.   A single-family rowhouse, commonly referred to as a townhome;

         b.   A great house designed to resemble a single-family home, but the interior arrangement has three (3) to eight (8) units;

         c.   A small apartment building with up to eight (8) units, no more than two (2) stories in height, and designed to have units placed above and below each other and on both sides of a common access entrance;

         d.   A courtyard apartment building which is a one (1) to two (2) story building, but unlike a townhome is "U" shaped around a central courtyard. The courtyard width shall be a minimum of twenty-five feet (25');

         e.   An apartment building taller than two (2) stories with units placed above and below each other with one (1) or two (2) shared sidewalls. Individual units are accessed by a common interior corridor.

      2.   Building exterior materials:

         a.   The exterior solid wall building materials are limited to brick, stone, wood, stucco, and fibrous cement siding that has a texture of wood, stucco or other material. Use of exterior materials with different textures, such as fibrous cement siding that resembles siding or stucco, will be considered two (2) separate materials. Precast sills, lintels, quoins and other similar architectural detail enhancements are permitted and not considered a main or secondary material.

         b.   A multiple-family dwelling designed as a great house, small apartments, or courtyard apartment building is limited to one (1) approved exterior material as the main building material and one (1) other allowed material as an accent for gable ends or wall projections.

         c.   Single-family rowhouses may use the option of one (1) main material and one (1) accent material for each dwelling unit module to differentiate each dwelling in the building, if desired.

         d.   An apartment building may use up to two (2) approved exterior building materials for the main building. Stucco can only be used above the ground floor level of the building. Use of a second exterior material can only occur when there are changes in the wall planes of two (2) or more feet.

      3.   Building windows:

         a.   Glass cannot be more than twenty percent (20%) reflective on any exterior window.

         b.   Exterior windows on a multi-story apartment building shall be positioned in line vertically with those windows situate on the ground floor, and in line horizontally with those windows located on the same level of said multi-story building. There shall be a minimum of ten percent (10%) glass surface for each floor level of the building.

      4.   Building orientation: The front façade of each multiple-family building type shall face the public street with the exception of a courtyard apartment building. A courtyard apartment building shall have the open end of the courtyard facing a public street, with the front of each apartment unit facing the courtyard.

         a.   The ground level main front entrance into the building shall be incorporated in the façade. The longest length of the building shall be parallel to the public street, except a courtyard apartment or apartment building, which may have a maximum depth of twice the width facing a street.

         b.   The elements of a front façade shall include a visible and parallel main pedestrian entrance into each individual unit from the public street for a single-family rowhouse.

         c.   A great house shall have the main pedestrian entrance to the building visible and parallel to the public street. Secondary access to other units from the side or rear of the building are permitted.

         d.   A courtyard apartment shall have the main pedestrian entrance to each dwelling unit facing the courtyard.

         e.   An apartment building shall have a main pedestrian entrance into the building that is visible and parallel to the main street that provides access to all interior units by means of interior corridors. Secondary access is also allowed which is not fronting a street.

      5.   Building main entrance requirements:

         a.   The entryway for each unit of a single-family rowhouse and courtyard apartment shall have a covered porch as part of the entry door design. The roof covering the porch shall be an extension of the roof covering the structure or use building materials of the development to create a minimum projection to provide cover over the front entrance a minimum of four feet (4') and a maximum of eight feet (8').

         b.   A great house, small apartment and apartment building may have an enclosed front common pedestrian entrance that leads to a common lobby and access corridors that provides interior access to the individual units or a combination of an enclosed common front pedestrian entrance and individual unit front access entrances. The common pedestrian entrance may be even with, recessed, or extended out from the front building wall. There shall be a protective roof covering projecting a minimum of four feet (4') from the wall plane above the entrance. The main pedestrian entrance shall be a minimum ten feet (10') wide and defined by an architectural feature that identifies the entryway as the main building entrance. Such options as sidelights, detailed architectural features, and approved material changes shall be used on ground floor pedestrian entrances.

      6.   Parking location:

         a.   Single-family rowhouses shall provide the required parking only to the rear of the building in either an attached garage, detached garage, or parking lot.

         b.   Parking for a great house, small apartment, courtyard apartment, and apartment building shall be limited the rear or side of the structure not facing a street. The area between the front of the building and the front property line shall be open green space except for sidewalks leading to front doors and driveways leading to approved parking.

      7.   Amenity requirements for apartment buildings: Multiple-family apartment buildings consisting of more than sixteen (16) units shall provide a combination of exterior open green space and amenity area, and an interior amenity area.

         a.   The required amount of interior amenity space is:

            (1)   A minimum of four hundred (400) square feet of interior amenity space; and

            (2)   An additional ten (10) square feet of interior space for every unit over forty (40) units.

         b.   Amenity areas are a combination of designed fixtures and functions in the open green space area and any required interior amenity space with uses described in this subsection. When interior amenity space is utilized, the combination of interior amenity space and exterior open green space and amenity space shall meet the percent of open green space required by the zone.

         c.   Open green space area requirements shall include at least three (3) of the following amenity features in the open green space:

            (1)   Playground with a three hundred (300) square foot minimum area;

            (2)   Gas fire pit with seating area with a minimum fifteen foot (15') radius paved area;

            (3)   Two (2) or more tables with chairs;

            (4)   Permanent game area with equipment such as shuffleboard, or chess/checkers tables;

            (5)   Community garden and shed area of at least thirty (30) square feet per twenty (20) units;

            (6)   Outdoor grill at one grill per forty (40) units or portion thereof;

            (7)   Fenced dog park with a two hundred (200) square foot minimum area;

            (8)   Recreational field or court; or

            (9)   Outdoor swimming pool.

         d.   Interior amenity space requirements may be made up of one (1) or more of the following designated spaces, provided the square footage meets the minimum requirements:

            (1)   Fitness center;

            (2)   Spa;

            (3)   Hot tub;

            (4)   Cooking and dining facilities for group gatherings;

            (5)   Library/study;

            (6)   Clubhouse;

            (7)   Lounge; or

            (8)   Game room.

(Ord. 2000-71, 1-16-2001, eff. 1-18-2001; amd. Ord. 2008-57, 10-28-2008; Ord. 2022-55, 11-15-2022; Ord. 2023-45, 7-18-2023)

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)

   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)

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)

   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)

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

(Ord. 2005-48, 7-26-2005; amd. Ord. 2023-7, 2-7-2023)

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; or

         d.   Architectural metal or other metal finish materials 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 and there are no other detached accessory structures larger than four hundred (400) square feet;

            (3)   On a lot with a single-family dwelling, the primary color matches the primary color of the single-family dwelling or is a neutral gray, tan, or brown;

            (4)   The metal exterior finish is baked-on colored enamel, powder-coated, vinyl coating, or other factory pre-finished coloring. No galvanized or bare metal or wet-painted metal surfaces are 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;

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

            (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 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; Ord. 2022-42, 10-11-2022)

   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:

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)

   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)

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)

   A.   Location:

      1.   When allowed in the use regulations applicable to a specific zoning category, mobile food trucks and mobile food trailers 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, in addition to the other provisions of this section, shall comply with the following standards when operated within the public right-of-way:

         a.   They shall not be unhitched or left unconnected from the tow vehicle; and

         b.   When combined with the tow vehicle, shall not exceed the shorter of forty feet (40') in length or more than two parking stalls.

      3.   In residential zones, mobile food trucks and mobile food trailers are not allowed except when part of a special event on private property.

   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 customer 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 or mobile food trailer:

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

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

      3.   Is limited to one mobile food truck or mobile food trailer 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 with the serving window facing the public sidewalk;

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

      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; amd. Ord. 2022-5, 2-1-2022)

   A.   Purpose: The purpose of short-term rentals in Ogden City is to provide a short term rental option in residential zones for visitors who have a primary residence at another location. Special regulation of short-term rentals is necessary to ensure that they will be compatible with surrounding residential and other uses and will not be detrimental to, or alter, the neighborhoods in which they are located.

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

 

 

   C.   Location:

      1.   Where permitted: Short-term rentals are permitted where designated by the applicable zoning district. In R-1 zones, short-term rentals are limited to owner-occupied short-term rentals.

      2.   Spacing of Non-owner-occupied Short-term Rentals: A non-owner-occupied short-term rental may not be located on the same linear block as another non-owner-occupied short-term rental, residential facility for persons with a disability or residential facility for elderly persons. A non-owner-occupied short-term rental license 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 short-term rental license was issued. Exceptions include:

         a.   Non-owner-occupied short-term rentals in the C-ENT and H25 zones;

         b.   A locally registered historic building that is located along the Ogden Express (OGX) route, was converted to condominiums prior to January 1, 2023, and contains fewer than nine units, shall be allowed to have two non-owner-occupied short term rental units in the same building

      3.   Use of Accessory Dwelling Units. The short-term rental may not be housed within an accessory dwelling unit or the primary single-family dwelling associated with an accessory dwelling unit unless one or the other is owner occupied.

   D.   License Required: It is unlawful for an owner or the owner's agent to rent a dwelling as a short-term rental unless the owner or agent has a valid current Ogden City short-term rental license. A short-term rental license shall serve as a rooming house business license under Title 5.

   E.   Qualification as Non-Owner-Occupied Short-Term Rental in a Residential Zone: In order to qualify as a non-owner-occupied short-term rental in a residential zone, the applicant must have owned the dwelling unit for three (3) years continuously prior to commencing operation.

   F.   Submittal requirements: An applicant for a short-term rental license shall submit the following:

      1.   Floor plans with labels on rooms indicating uses or proposed uses;

      2.   A drawing, photo, 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 statement of how transient room tax will be collected and remitted and a copy of a state issued sales tax license or evidence that a third party will collect and remit the tax;

      4.   A statement affirming whether or not the short-term rental will be owner-occupied.

         a.   If the applicant is applying as an owner-occupant, evidence that the property is the owner/applicant's primary residence, including evidence that the property is taxed as their primary personal residence and three (3) of the following forms of evidence that match the address of the residence:

            (1)   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)   The address shown on the person's state or Federal income tax return.

            (4)   One other document or piece of mail from a business showing the applicant's place of residence, such as a utility bill, bank statement, or pay stub; and

         b.   If the applicant is applying as a non-owner-occupant in a residential zone, evidence that the applicant has owned the property continuously for three (3) years prior to the date of commencing operation. Acceptable forms of evidence include property deeds or Weber County tax assessor information.

      5.   The name and contact information of the person described in Subsection J.9.

      6.   The applicable fee.

   G.   Action on Application: After review by the Building Services Division, the planning manager shall approve or deny an application for a short-term rental based on compliance with these regulations and payment of the fee established in section 4-6-1.

   H.   Time Period; Renewal; Change of Ownership: The initial short-term rental license is valid for a period of one year from issuance. Thereafter, the applicant may renew the short-term rental license annually. A change of property ownership invalidates the short-term rental license unless the new property owner obtains a new license within ninety (90) days of change in ownership and prior to operating the short-term rental. If applying as an owner-occupied short-term rental, the new owner shall provide the same evidence of owner occupancy as required for a new license. A short-term rental renewal application shall include:

      1.   If the rental is owner-occupied, current evidence that the property is the applicant's primary residence using the same forms required for a new license.

      2.   Evidence of mailing contact information to surrounding property owners as required by Subsection J.9.

   I.   Compliance With Building Codes: A short-term rental shall be inspected by the Building Services Division 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.

   J.   Standards: All short-term rentals must conform to the following standards:

      1.   Occupancy Limits: A short-term rental may be occupied by no more than two (2) people per sleeping room, as established by the inspection described in Subsection I, including any long-term occupants of an owner-occupied rental present during the rental term.

         a.   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

         b.   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.   Visitors Prohibited: Only those persons registered as guests of the short-term rental and any long-term occupants of an owner-occupied rental may be on site during the pendency of the short-term rental contract. Visitors are prohibited on the premises of the short-term rental during the rental term. The short-term rental may not be used for events with outside visitors.

      3.   Single Contract: The short-term rental may not be the subject of multiple rental contracts for the same night or nights.

      4.   Off-Street Parking:

         a.   Each short-term rental shall provide at least the number of on-site parking spaces shown in the table below.

 

 

         b.   Parking spaces shall meet the minimum dimensions shown in Chapter 12.

         c.   A short-term 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.

         d.   No additional off-street parking in the front or side yard of the short-term rental shall be created to accommodate the short-term rental, such as a side yard parking slab or widened driveway, but tandem parking (one 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.

         e.   Garage spaces may be counted toward meeting the required number of parking spaces provided they are accessible to guests during the term of the rental or the owner is present during the rental term.

      5.   On-Street Parking: On-street parking may not be used to satisfy the parking requirements for a short-term rental. For short-term rentals in residential zones, guests may not park on the street within two blocks of the short-term rental. The owner is subject to the penalties described in this title for each violation.

      6.   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 short-term rental.

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

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

      8.   Signage: Signage is limited to the same standards applicable to a home occupation, as contained in Section 18-5-1, "Appendix A; Signs".

      9.   Management: An agent shall be available during the rental period who is capable of personally responding to the short-term rental location within 30 minutes.

         a.   The agent's name and phone number shall be posted in a prominent place inside of the dwelling together with a copy of the short-term rental license.

         b.   In residential zones, the applicant shall mail the agent's contact information to surrounding property owners within three hundred feet (300') of the property line of the short-term rental prior to receiving the short-term license and prior to each annual renewal. Upon each mailing, the applicant shall provide the Building Services Division an affidavit of noticing the mailing list and map of properties that were sent information.

      10.   Guest Log Required: The applicant shall maintain a log of the number of guests registered each rental term and the license plate numbers of the guest's vehicles brought to the site. The applicant shall make the log available to the city upon request.

      11.   Good Neighbor Brochure: All short-term rental applicants shall make readily available the "Ogden City Good Neighbor" brochure within the rental and a website link showing where to find the brochure online. The "Ogden City Good Neighbor" brochure includes a summary of local regulations regarding parking, noise, occupancy, and defining a "good neighbor."

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

      1.   The person's Ogden City short-term rental license number;

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

      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 short-term rental as contained in the license;

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

      6.   The number of legal off-street parking spaces recognized by the license as allowed for use by the short-term rental;

      7.   In residential zones, notice that guests are prohibited from parking on the public streets within two (2) blocks of the short-term rental; and

      8.   Notice that events are not allowed within the short-term 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 short-term rental that:

      1.   Authorizes more people to occupy the short-term rental than is allowed in the license;

      2.   Allows the use of any portion of property outside of the short-term 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 license.

      4.   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 short-term rental on a short-term rental website.

   M.   Noncompliance With Standards: Noncompliance with the standards of this section; allowing the property associated with the short-term rental license 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 short-term rental license 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 short-term rental license.

      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,, as such provisions may be applicable.

      2.   If the license is revoked, the rental of the dwelling as a short-term rental shall terminate within thirty (30) days of the final determination.

      3.   A dwelling whose short-term rental permit has been revoked is not eligible for use as a short-term 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 short-term rental in a residential zone 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 short-term 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.

      5.   A short-term rental license may not be revoked for a single violation involving guests parking on the street or visitors on the property.

(Ord. 2017-24, 5-23-2017; amd. Ord. 2023-46, 7-18-2023; Ord. 2024-12, 5-7-2024)

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 the property owner's 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 the owner is not allowed to rent out the 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.

      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.   A short-term rental may not be housed within the accessory dwelling unit unless the primary single-family dwelling associated with the accessory dwelling unit is owner occupied.

   D.   Size: A detached accessory dwelling unit shall not be less than three hundred (300) square feet or more than eight hundred (800) square feet in size. 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.

   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 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 including compliance with current building code requirements for emergency egress 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 issue a land use permit for an ADU, which shall include the legal description of the property.

      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 land use permit for an accessory dwelling unit is valid for the duration of the period the owner who obtained the permit owns and occupies the property. 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.

      5.   Upon issuing a certificate of an approved ADU, the city shall record a copy of the certificate with the office of the Weber County Recorder.

(Ord. 2016-2, 1-12-2016; amd. Ord. 2022-4, 2-1-2021; Ord. 2022-58, 11-15-2022; Ord. 2024-12, 5-7-2024)

(Ord. 2017-32, 6-13-2017)

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)

These standards apply to creation of small lots to accommodate a small single-family dwelling in areas where allowed by the underlying zone.

   A.   Each cottage lot shall have a minimum area of one thousand five hundred square feet (1,500').

   B.   Each cottage lot shall have a minimum lot width of thirty feet (30').

   C.   If a cottage lot is created through a subdivision or by adjusting property lines, and the remaining lot is not a cottage lot, the minimum required area of the remaining lot may be reduced by one thousand five hundred square feet (1,500') provided the non-cottage lot does not include a detached accessory dwelling unit.

   D.   Each cottage lot shall have frontage on a public street. Alternatively, upon approval by the City Engineer, a lot may have frontage on an alley or a private right-of-way with a minimum twenty foot (20') wide paved surface meeting fire access standards.

   E.   Use of each cottage lot shall be limited to one (1) single-family dwelling at least six hundred square feet (600') and not to exceed twelve hundred square feet (1,200') floor area. A cottage lot shall not have an accessory dwelling unit in addition to the one single-family dwelling.

   F.   Minimum setbacks for cottage lots are as follows (see Figure 1 of this section):

      1.   The minimum front yard setback shall be the minimum of the underlying zone minus five feet (5').

      2.   The minimum street facing side yard setback shall be the minimum of the underlying zone minus five feet (5').

      3.   The minimum side yard setback shall be five feet (5').

      4.   The minimum rear yard setback shall be ten feet (10').

      5.   For a non-cottage lot abutting a cottage lot within the same subdivision, the minimum side or rear yard setback on the common property line shall be the same as the cottage lot.

   FIGURE 1: COTTAGE LOT STANDARDS

   G.   Accessory buildings shall meet the setbacks otherwise required in the zone.

   H.   Maximum height is two (2) stories

   I.   The primary entrance the cottage shall face the public street or approved right-of-way. Alternatively, buildings not fronting a public street may be grouped together around a common green-space with primary entrances accessed off of this shared space.

   J.   A minimum of one parking space meeting the standards of this title shall be provided on each cottage lot. It may be covered or uncovered.

Development shall meet all other standards of the underlying zone. Where there is conflict, these standards supersede the standards of the underlying zone.

(Ord. 2022-52, 11-15-2022)

   A.   The following standards apply to live-work units where such units are allowed. The non-residential use shall be limited to the following:

      1.   Art gallery.

      2.   Business or professional office

      3.   Hairdresser, barber, manicurist, tanning salon.

      4.   Indoor studio for the creation or teaching of fine arts, e.g., dance studios, art studios, excluding art fabrication involving woodworking, metalworking, forges, or kilns.

      5.   Indoor retail sales, excluding retail tobacco specialty businesses, medical cannabis pharmacies, and sexually oriented businesses.

      6.   Photo studio.

   B.   The live-work space shall not be greater than three thousand (3,000) square feet in floor area.

   C.   The non-residential area is permitted to be not more than fifty percent (50%) of the area of each live-work space.

   D.   The non-residential area function shall be limited to the first or main floor only of the live-work space.

   E.   Not more than five (5) non-residential workers or employees are allowed to occupy the non-residential area at any one time.

   F.   Parking shall meet standards for a dwelling unit or be legal non-complying. Additional parking is not required for the live-work space.

   G.   Hours of operation of the work space are limited to 8:00 a.m., to 8:00 p.m.

   H.   The work space shall not cause noise, odor, smoke, fumes, or vibration that is perceptible without instruments within any other dwelling unit. (Ord. 2022-55. 11-15-2022)