DEFINITIONS
CABARET: | A restaurant with beer license, restaurant with liquor consumption license, drinking establishment, or other business licensed for the on premises consumption of alcoholic beverages, which business is licensed to permit its patrons to dance or to entertain its patrons with live performers who sing, dance or play musical instruments. Cabarets do not include sexually oriented businesses. |
CAMPGROUND: | A location for short-term overnight stays in camp structures such as tents, tipis, cabins, recreational coaches, or under the sky. |
CANNABIS: | All species of the genus cannabis and all parts of the genus, whether growing or not; the seeds of it; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from them, fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. Any synthetic equivalents of the substances contained in the plant cannabis sativa or any other species of the genus cannabis which are chemically indistinguishable and pharmacologically active are also included. |
CANNABIS CULTIVATION FACILITY: | A person that: A. possesses cannabis; B. grows or intends to grow cannabis; and C. sells or intends to sell cannabis to a cannabis cultivation facility, a cannabis processing facility or, as defined in Utah law, a medical cannabis research licensee. |
CANNABIS PROCESSING FACILITY: | A person that: A. acquires or intends to acquire cannabis from a cannabis production establishment or a holder of an industrial hemp processor license under Utah State Code Title 4, Chapter 41, Hemp and Cannabinoid Act; |
B. possesses cannabis with the intent to manufacture a cannabis product; C. manufactures or intends to manufacture a cannabis product from unprocessed cannabis or a cannabis extract; and D. sells or intends to sell a cannabis product to a medical cannabis pharmacy or, as defined by Utah law, a medical cannabis research licensee. | |
CANNABIS PRODUCT: | A product that: A. is intended for human use; and B. contains cannabis or tetrahydrocannabinol. |
CANNABIS PRODUCTION ESTABLISHMEN T: | A cannabis cultivation facility, a cannabis processing facility, or an independent cannabis testing laboratory. |
CAR WASH, LAUNDRY TYPE: | A structure or portion thereof containing facilities for washing passenger automobiles, using production line methods such as, but not limited to, chain conveyor, movable or revolving cleaning brushes, blower, steam cleaning, or similar mechanical devices. |
CAR WASH, MANUAL SPRAY: | A structure or portion thereof containing facilities for washing passenger automobiles, limited to using only hand operated manual spray cleaning equipment and techniques. |
CELLAR: | A story having more than one-half (½) its height below the average level of the adjoining ground. A cellar shall not be counted as a story for the purpose of height measurement. |
CHECK CASHER: | A person engaged in the business of cashing checks. |
A. A check is a draft, other than a documentary draft, payable on demand and drawn on a bank; a cashier’s check or teller’s check; or a demand draft. An instrument may be a check even though it is described on its face by another term, such as “money order”. | |
B. A check casher does not include: a depository institution; a depository institution holding company; an institution directly owned or controlled by one or more depository institutions or depository institution holding companies; or a person that cashes checks in a transaction that is incidental to the retail sale of goods or services and for consideration that does not exceed the greater of 1% of the amount of the cashed check or $1. | |
CLUSTER SUBDIVISION: | A subdivision of land in which the areas and widths of residential lots are reduced below the minimum lot areas and lot width requirements of the zone in which the subdivision is located and where equivalent common open space areas are provided to compensate for such lot reduction. |
COIN: | A piece of currency, usually metallic and usually in the shape of a disc that is: A. stamped metal, and issued by a government as monetary currency; or B. is worth more than its current value as currency and is also worth more than its metal content value. |
COMMERCIAL GRADE PRECIOUS METALS: | Ingots, monetized bullion, art bars, medallions, medals, tokens, and currency that are marked by the refiner or fabricator indicating their fineness and include: A. .99 fine or finer ingots of gold, silver, platinum, palladium, or other precious metals; or B. .925 fine sterling silver ingots, art bars, and medallions. |
COMMERCIAL LAND AREA: | The amount of land in a commercial or mixed-use development that is used for non-residential uses. Commercial land area includes the footprint of the ground floor areas dedicated to non-residential uses, the required parking for the non-residential use's floor area and the associated landscaping. Landscape areas that are included are areas along the non-residential use's street frontage, areas within the required non-residential parking area and areas along the foundation of the non-residential ground floor area. Commercial land area shall not include outdoor recreation space. |
COMMUNITY CORRECTIONAL FACILITY: | A facility licensed by or contracted by the state of Utah to provide temporary occupancy for previously incarcerated persons which assists such persons in making a transition from a correctional institution environment to independent living. Such facility may also provide ancillary, temporary occupancy for individuals placed as part of, or in lieu of, confinement rehabilitation, or treatment in a correctional institution. |
COMMUNITY LOCATION: | A public or private school, a licensed child-care facility or preschool, a church, a public library, a public playground, or a public park. |
CONDOMINIUM PROJECT: | A real estate condominium project where ownership of a single unit in a multi-unit project, together with an undivided interest in common in the common areas and facilities of the property, is transferred; a plan or project whereby four or more apartments, rooms, office spaces, or other existing and proposed apartments, or commercial or industrial buildings or structures are separately offered or proposed to be offered for sale and meeting all requirements of Utah Code Annotated title 57, chapter 8, condominium ownership act. Structures shall conform with all area, yard, frontage and height regulations of the zone district in which they are located. |
CONTACT PERSON: | The individual designated in an application or petition, filed pursuant to the provisions of this title, to receive notices, copies of staff reports, and notices of final actions on a pending application. |
CONVENIENCE STORE: | A place of retail business primarily engaged in the sale of food or drink for consumption either on or off premises and the retail sales of motor fuel from pumps on the site. |
CORRAL: | A space, other than a building, less than one acre in area, or less than 100 feet in width, used for the confinement of animals so they can be easily captured. |
CORRECTIONAL INSTITUTION: | A prison, jail, juvenile detention facility or juvenile secure facility. |
COTTAGE: | A detached single-family dwelling that has at least 600 square feet and no more than 1,200 square feet of floor area and is no more than two stories high. |
COTTAGE COURT: | A group of cottages arranged around a shared court or green space. Each dwelling unit's main entrance faces the shared court or green space, and the shared court or green space replaces the function of the rear yard. |
COTTAGE LOT: | A small lot designed to accommodate one cottage. |
COUNTRY CLUB: | A chartered, nonprofit membership club with or without dining facilities and cocktail lounge, catering primarily to its membership, providing one or more of the following recreational and social amenities: golf, horseback riding, tennis, swimming, any of which shall be located on a site of not less than two acres and open only to members and their duly authorized guests. |
COURT: | An unoccupied open space, other than a yard, on the same lot with a building or buildings, which is bounded on two or more sides by the walls of such buildings. |
COVERAGE, LOT: | The percent of lot area covered by the main and accessory buildings. |
DAIRY: | A commercial establishment for the manufacture, processing or sale of dairy products. |
DAYCARE CENTER: | Any building or structure other than an occupied residence furnishing care, supervision, and guidance for three or more children unaccompanied by parent or guardian for periods of less than 24 hours per day; or, an occupied residence which furnishes care, supervision and guidance for six or more children unaccompanied by parent or guardian for periods of less than 24 hours per day. Occupied residence shall refer to being used as a residence by a family. The term "daycare center" is inclusive of kindergartens, nursery schools, and all other similar facilities, except preschools as defined by this chapter, specializing in the education and/or care of children prior to their entrance into the first grade, other than facilities owned and/or operated by the public school system. |
DECISION MAKER: | The official, board, commission, or other body empowered to render a decision on a particular matter under this title. |
DEFERRED DEPOSIT LENDER: | A person engaged in the business of making loans or transactions where: A. a person presents to the deferred deposit lender one or more checks written on that person’s account, or provides written or electronic authorization to the deferred deposit lender to effect one or more debits from the person’s account using an electronic payment; and B. the deferred deposit lender provides the person an amount of money that is equal to the face value of the check(s) or the amount of the debit(s) less any fee or interest charged for the transaction; and agrees not to cash the check(s) or process the debit(s) until a specific date. |
DEPARTMENT: | The Department of Community and Economic Development. |
DIRECTOR: | The Director of the Department of Community and Economic Development, or the Director’s designee. |
DISABILITY: | A physical or mental impairment that substantially limits one or more of a person’s major life activities, including a person having a record of such an impairment, or being regarded as having such an impairment. “Disability” does not include current illegal use of, or addiction to, any Federally controlled substance, as defined in Section 02 of the Controlled Substances Act, 21 USC 802, or successor law. As used in this definition: |
Has A Record Of Such An Impairment: | Has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities. |
Is Regarded As Having An Impairment: | A. has a physical or mental impairment that does not substantially limit one or more major life activities but that is treated by another person as constituting such a limitation; B. has a physical or mental impairment that substantially limits one or more major life activities only as a result of the attitudes of others toward such impairment; or |
C. has none of the impairments defined herein under definition of “physical or mental impairment”, but is treated by another person as having such an impairment. | |
Major Life Activities: | Functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. |
Physical Or Mental Impairment: | Includes: A. any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or B. any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. C. the term physical or mental impairment includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, human immunodeficiency virus infection, mental retardation, emotional illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance) and alcoholism. |
DOMESTIC STAFF: | Persons employed or residing on the premises of a dwelling unit or other residential facility to perform domestic services or to assist residents in performing major life activities. |
DRINKING ESTABLISHMEN T: | An establishment that serves food and drink, or drink only, to the general public or to its members and their guests, for on-premises consumption and whose annual revenue from the sale of alcoholic beverages equals or exceeds the revenue from the sale of food. A drinking establishment includes a tavern or private club as those terms are defined in Section 5-3A-1. A drinking establishment shall also be licensed and hold a class B, C, D, or liquor consumption license, as applicable, under Title 5, Chapter 3, Article C. A drinking establishment shall not include entertainment for its patrons unless the premises are zoned for and licensed as a cabaret or adult live entertainment business. |
DRIVE APPROACH/APPROACH: | A hard surface area located in the public right-of-way used to provide access from the public street to private property for motorized or towed vehicles. A typical drive approach will transition from the road surface across the gutter and sidewalk to a driveway. Sometimes referred to as the driveway apron. |
DRIVEWAY: | The use of a portion of property outside the public right-of-way intended and designed to facilitate movement of vehicles from the road right-of-way across the property to an area designed and regulated as a parking space. |
DRY CLEANER: | An establishment which has as its sole purpose the cleansing of fabrics with substantially nonaqueous organic solvents. Laundry establishments with individual dry cleaning machines shall not be classified as a dry cleaner. |
DUPLEX (SIDE-BY-SIDE): | A two-family/duplex dwelling where each dwelling unit shares a side or rear wall with the other dwelling unit. Each dwelling unit includes the space from the ground to the roof. |
DWELLING: | Any building or portion thereof containing one or more dwelling units occupied as, or designed or intended for occupancy as, a residence by one or more families. |
DWELLING, APARTMENT: | A multiple-family dwelling other than a single-family row house or two-family/duplex dwelling. |
DWELLING, BACHELOR OR BACHELORETTE : | A building arranged or designed to include three or more dwelling units, each dwelling unit to be occupied by not less than five but not more than 10 unrelated individuals. |
DWELLING, GROUP: | Two or more dwellings located in more than one building placed upon a single lot. A group dwelling development may be subdivided into more than one lot, if approved under the provisions of Chapter 10 and Title 14, Chapter 5. |
DWELLING, MULTIPLE-FAMILY: | A building arranged or designed to include three or more dwelling units, each to be occupied by one family. |
DWELLING, SINGLE-FAMILY: | A building arranged or designed to include only one dwelling unit or a building arranged or designed to include a dwelling unit and an accessory dwelling unit that is permitted according to the regulations of this title. |
DWELLING, SINGLE-FAMILY ROW HOUSE: | A building built directly against an adjoining building without an open space between, and containing a one-family dwelling unit extending from basement to roof. Each single-family attached dwelling unit shall have a front and rear entrance. Each group of single-family attached dwellings shall be considered one structure, for purposes of front, rear and side yard requirements, and for classifying the building as a duplex, multiple-family dwelling, or other. |
DWELLING, TWO-FAMILY/ DUPLEX: | A building arranged or designed to include two dwelling units, each to be occupied by one family. |
DWELLING UNIT: | Any building or portion thereof designed, occupied, or intended as a residence for a family with complete, and independent facilities for living, sleeping, eating, cooking and sanitation. |
EARTHQUAKE FAULT: | For purposes of this title, earthquake fault shall refer to that portion of the Wasatch Fault which traverses the eastern area of the corporate limits of the City, said fault lines being approximately delineated on the zoning map of Ogden City. Source of delineation of the fault line is “Wasatch Fault, Northern Portion, Earthquake Fault Investigation and Evaluation, a Guide to Land Use Planning”, by Woodward/Clyde Associates, Oakland, California. The detailed and exact location of a fault is to be determined by the review procedure as specified in Section 15-27-6. |
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 1 through 12 in a public school system. The term educational institution for the purpose of this title does not include post-high school educational facilities or educational facilities which include residential facilities for its students. |
EDUCATIONAL INSTITUTION, POST-HIGH SCHOOL: | A postsecondary institution offering courses in general, technical, or religious education; operating completely within the City and including administrative and faculty offices, and student and faculty facilities. |
EDUCATIONAL/ POST-HIGH SCHOOL EDUCATIONAL INSTITUTION WITH HOUSING: | A public or private educational institution or post-high school educational institution with residential facilities or housing for its students and/or staff located on the same property as the institution. |
ELDERLY PERSON: | A person who is 60 years or older, who desires or needs to live with other elderly persons in a group setting, but who is capable of living independently. |
EV-CAPABLE STALL: | A dedicated parking stall that is provided with electrical panel capacity and space to support a minimum 40-ampere, 208/240-volt branch circuit for each parking space and the installation of raceways, both underground and surface mounted, to support electric vehicle supply equipment, whether the supply equipment is immediately installed or not. |
FAÇADE MATERIALS: | The materials used to cover the exterior of a building. A. Primary Materials: Materials that make up the majority of the façade of a structure. B. Secondary Materials: A material that is used on the façade of a structure but does not make up for the majority of the envelope of a structure. |
A. One individual living alone; or B. One of the following groups of individuals, but not both at the same time, living together as a single nonprofit housekeeping unit, together with any incidental domestic staff residing on the premises: 1. Two (2) or more individuals related by blood, marriage, adoption, guardianship, or other duly authorized custodial relationship; 2. Two (2) unrelated individuals and any children of either such individuals, if any; or 3. A group of not more than three (3) unrelated individuals including in such number any domestic staff residing on the premises. | |
FENCE: | A structure that creates a tangible barrier or obstruction having the effect of preventing passage or view across the fence line. Where specified, a planting such as a hedge may be considered a fence. |
FENESTRATION: | Areas of glass on all building facades, including all types of windows and doors. |
FLOODPLAIN: | A relatively flat area or lowland adjoining a river, stream, watercourse, ocean or lake which has been or may be covered with floodwater. Specifically, for purposes of this title, floodplain shall be that area of this City designated within the boundaries of the official flood insurance rate map and approved amendments, which may be subject to periodic inundation in the event of the base flood. |
FLOODPLAIN OVERLAY ZONE: | Boundaries of the intermediate regional flood as defined by the Federal Emergency Management Agency maps. The floodplain zone is designed to overlay or be superimposed over existing zoning within the defined floodplain. Within such an overlay zone, the existing zone remains effective with the additional conditions superimposed by the Floodplain Zone. |
FLOOR AREA: | The sum of the gross horizontal area of the several floors of a building and its accessory buildings on the same lot, excluding cellar and basement floor areas not devoted to residential use, but including the area of roofed terraces. All dimensions shall be measured from the exterior faces of the exterior walls. |
FLOOR, LOT AREA RATIO (FAR): | The total floor area of a building divided by the area of the lot on which it is located. |
FRATERNAL AND BENEVOLENT SOCIETIES: | Includes chartered nonprofit drinking establishments including social clubs or lodges with or without dining facilities and cocktail lounges composing a branch of a fraternal order, or society such as Elks, Masons, American Legion, Eagles, Optimists, Odd Fellows, Kiwanis, Rotary and other similar nonprofit organizations and is open only to members and their duly authorized guests. |
FRATERNITY OR SORORITY HOUSE: | A building occupied by and maintained exclusively for students affiliated with Weber State University, who are associated together in a fraternity/sorority that is officially recognized by Weber State University and who receive lodging and/or meals on the premises for compensation. |
FRONTAGE: | Block frontage, building frontage, or lot frontage as the context dictates. |
FRONTAGE, BLOCK: | All the property fronting on one side of the street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of dead-end street, or political subdivision boundary, measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts. |
FRONTAGE, BUILDING: | The length of a building that faces and is roughly parallel to an abutting street. |
FRONTAGE, LOT or FRONTAGE, STREET: | The length of a lot that is coterminous with the street right-of-way line. |
FRONTAGE, PRIVATE STREET: | The length of a lot that is coterminous with the private street right-of-way line. |
GARAGE, CARPORT: | A private garage not completely enclosed by walls or doors. For the purpose of this title, a carport shall be subject to all of the regulations prescribed for a private garage. |
GARAGE, PRIVATE: | An enclosed space or accessory building for the storage of one or more motor vehicles; provided, that no business, occupation or service is conducted for profit therein, nor space therein for more than one car is leased to a nonresident of the premises. A garage shall be considered part of the dwelling if the garage and dwelling have a roof or wall in common, or are connected structurally by a physical connection such as a wall, trellis or solid fence. |
GARAGE, PUBLIC: | A building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, hiring, selling, or storing motor driven vehicles. |
GARDEN APARTMENT OR COURTYARD DWELLING: | A dwelling within a one-, two- or three-story building that is U-shaped and has a large shared green space or center courtyard. |
GRADE: | The average level of the finished surface or the ground adjacent to the exterior walls of those buildings more than five feet from a street line. For buildings closer than five feet to a street line, the grade is the sidewalk elevation to the center of the building. If there is more than one street, an average sidewalk elevation is to be used. If there is no sidewalk, the City Engineer may establish the grade. |
GREAT HOUSE: | A multiple-family dwelling that resembles a large detached single-family dwelling and has three to eight dwelling units. A great house includes a single main entrance feature that is located at the front of the building. |
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GROVE, SIGNIFICANT: | A group of five or more trees in healthy condition with the trunk of any individual tree being not more than 20 feet from the trunk of another tree, where those trees include: A. at least one significant tree; and B. other trees with a caliper of at least three inches, as measured by industry standards, that would meet the definition of a significant tree other than size. |
GUESTHOUSE: | A separate dwelling structure located on a lot with one or more main dwelling structures used for housing of guests or servants and not rented, leased or sold separate from rental, lease or sale of the main building. |
LAND USE ORDINANCE: | Any planning, zoning, development or subdivision ordinance of the city, including, but not limited to, the provisions of title 14 of this code, commonly referred to as the subdivision ordinance of Ogden City, and this title, commonly referred to as the zoning ordinances of Ogden City, Utah. It is not intended to refer to the Ogden City general plan. |
LAND USE PERMIT: | A permit, approval or authorization under the provisions of this title for the erection, construction, reconstruction or alteration of any building or structure, or the use of any building, structure or land. |
LANDSCAPE OR LANDSCAPING: | The installation of a combination of living plant materials (i.e., turf grasses or turf type fescues, ground cover, annual and perennial flowering plants, vegetables, vines, shrubs, and trees) planted on the property and may include: 1. Natural features such as rock, stone, or existing tree and shrubs; 2. Structural features such as patios, decks, fountains, reflecting pools, gazebos, trellises. |
LAUNDROMAT OR LAUNDERETTE: | A self-service laundry establishment where clothes are cleansed in a coin operated machine. Laundromats or launderettes may include individual dry cleaning machines. |
LINEAR BLOCK: | Both sides of that portion of any street that has street numbers ranging between any two (2) consecutive multiples of 100, such as 100 and 200, or between 2200 and 2300, etc. |
LIQUOR STORE: | A state operated facility for the sale of packaged liquor. |
LIVE-WORK SPACE, LIVE-WORK UNIT: | A dwelling unit in which a significant portion of the space includes a nonresidential work use that is operated by the occupant and that is internally connected to the living space. |
LODGE: | A building used by a local chapter of a national fraternal beneficiary society or domestic fraternal society for meetings and activities associated with the organization and its programs. |
LODGING HOUSE: | A residential facility that includes sleeping units and common sanitation facilities, kitchen facilities, or both, that houses up to fifteen (15) residents for compensation. "Lodging house" excludes a dwelling, a boarding house, a residential facility for persons with a disability, a residential facility for elderly persons, a protective housing facility, a shelter for the homeless, a single-room occupancy, a transitional housing facility, a rehabilitation/treatment facility, or any type of correctional institution. |
LOT: | A tract of land created for ownership independent of any other tract in accordance with the laws in effect at the time of its creation, which may include a subdivision lot, a parcel created by deed using metes and bounds description, or the resulting tract after a lot line adjustment, lot combination, right-of-way dedication or vacation, or similar legal adjustment. |
LOT AREA, GROSS: | The total area of a lot, measured to all areas inside the lot lines. |
LOT AREA, NET: | The total area of a lot, excluding areas proposed for dedication as public rights of way, unbuildable areas due to hazards or preservation of natural features or other resources, measured to all areas inside the lot. |
LOT, CORNER: | A lot abutting on two (2) or more intersecting streets or private streets where the interior angle of intersection or interception does not exceed one hundred thirty five degrees (135°). A lot that abuts a single curved street or private street that changes direction more than forty five degrees (45°) abutting the lot is a corner lot. |
LOT, FOOTPRINT: | A lot that encompasses only the footprint of a building or unit within a building and immediately adjacent areas such as patios, courtyards, or decks. |
LOT, INTERIOR: | A lot other than a corner lot or through lot. |
LOT LINE: | An exterior boundary of a lot consisting of a line segment, curve or a continuous series of line segments and/or curves. A lot line consists of a series if the series from end to end does not result in change in direction of more than forty five degrees (45°). The line segment, curve or series ends if the boundary begins or ends being coterminous with a street, alley, or private street right-of-way line. |
LOT LINE, FRONT: | Any lot line that abuts the street or private street on an interior lot. On a corner lot or through lot, any lot line that abuts the street with the main address for the lot or as designated by the planning manager. |
LOT LINE, REAR: | The lot line on the opposite side of a lot and nearest to parallel to the front lot line. |
LOT LINE, REAR STREET: | On a through lot, the street side lot line. |
LOT LINE, SIDE: | Any lot line that is not a front, street side, or rear lot line. |
LOT LINE, STREET SIDE: | On a corner lot or through lot, any lot line that abuts a street or private street other than a front lot line. |
LOT, THROUGH: | A lot abutting streets or private streets on more than one side where the streets or private streets do not intersect along the lot frontage. |
OFFICE, BUSINESS: | A place intended for the conduct of administration or services by a business enterprise. Includes insurance agencies, real estate agencies, stockbrokers, and other persons who operate or conduct offices in which no goods or merchandise are stored, displayed or sold; does not include personal service businesses such as barbers, beauty operators, cosmetologists, nor does it include embalmers or morticians. |
OFFICE, PROFESSIONAL: | A place intended for the conduct of a recognized learned profession. Such uses include offices and clinics devoted to treatment and care of human illness or injury (medical, dental, chiropractic offices and similar uses), but not including facilities for inpatient care. Other professions so defined would include, but not be limited to, accountants, architects, engineers and lawyers. |
OPEN SPACE OR OPEN GREEN SPACE: | A planned outdoor landscaped area outside the required zone setbacks that is designed and installed or retained and enhanced for use by the residents of the property for gatherings, activities or visual enjoyment. |
OPEN SPACE EASEMENT: | An easement granted to the city by the owner/developer on or over land in that development which provides and guarantees that the designated common open space and recreation land is permanently reserved for and can be used only for open space and recreation purposes in accordance with the plans and specifications approved by the planning commission and mayor at the time of approval of the development. |
OUTDOOR ACTIVITY AREA: | Any open area, exclusive of parking and vehicular accessways, which is part of the main use or accessory to the main use and is used for outdoor activities such as, but not limited to, playgrounds, picnic grounds, dining, receptions, pedestrian walkways, recreation, or work areas. |


REASONABLE ACCOMMODATION: | A change in a rule, policy, practice, or service necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling. As used in this definition: |
Equal Opportunity: | Achieving equal results as between a person with a disability and a nondisabled person. |
Necessary: | The applicant must show that, but for the accommodation, one or more persons with a disability likely will be denied an equal opportunity to enjoy housing of their choice. |
Reasonable: | A requested accommodation will not undermine the legitimate purposes of existing zoning regulations notwithstanding the benefit that the accommodation would provide to a person with a disability. |
RECREATIONAL COACH: | A vehicle such as a recreational trailer, tent camper trailer, truck camper, travel trailer, camp car or other vehicle with or without motive power, designed and/or constructed to travel on the public thoroughfare in accordance with the provisions of the Utah Motor Vehicle Code, and designed for the use of temporary human habitation. |
RECREATIONAL COACH PARK: | Any area or tract of land or a separate designated section within a manufactured home park where one or more spaces are rented or held out for rent to owners or users of recreational coaches for a temporary time not to exceed two (2) weeks. |
RECREATIONAL COACH SPACE: | A plot of ground within a manufactured home park designated and intended for the accommodation of one recreational coach. |
RECYCLABLE MATERIALS: | Reusable material, including, but not limited to, glass, plastics and synthetic materials, paper products such as newspaper, stationery, scrap paper, computer paper and corrugated cardboard, rubber, batteries, ferrous and nonferrous metals, concrete, asphalt, wood, building materials, or any “junk or salvage material”, as defined herein, which are intended for reuse, remanufacture, or reconstitution for the purpose of using in altered form. Recyclable material does not include refuse or hazardous materials nor does it include coins, precious metals or commercial grade precious metals if they are the sole recyclable material. |
RECYCLABLE MATERIALS, LIMITED: | Aluminum cans, plastic, or scrap paper such as newspapers, stationery, computer paper, or magazines, but not including cardboard materials or boxes. |
RECYCLING COLLECTION CENTER: | A facility located in an enclosed building for the acceptance by donation, redemption, or purchase, of recyclable materials, which have been source separated by type by the person who last used the material. Such facility may allow limited compacting or crushing of recyclable materials and may allow temporary outdoor storage of such recyclable materials if stored in weather resistant containers. |
RECYCLING DROP OFF STATION: | A facility maintained in connection with another use consisting of reverse vending machines or unattended weather resistant containers that are provided for collection of limited recyclable materials which have been source separated by type by the person who last used the material. A recycling drop off station shall not include weather resistant containers located on a residential, commercial or manufacturing designated parcel used solely for the collection of recyclable material generated on the parcel. |
RECYCLING PROCESSING CENTER: | A facility that accepts, stores or processes recyclable materials, whether or not maintained in connection with another business. Processing includes baling, briquetting, crushing, compacting, grinding, shredding, sawing, shearing, and sorting of recyclable materials and the heat reduction or melting of such materials. Recycling processing center includes junk or salvage yards where processing of recyclable material is included, but does not include recycling drop off stations or recycling collection stations. |
REHABILITATION/ TREATMENT FACILITY: | A facility licensed by or contracted by the State of Utah to provide temporary occupancy and supervision of individuals (adults/juveniles) in order to provide rehabilitation, treatment, or counseling services. Without limitation, such services may include rehabilitation, treatment, counseling, or assessment and evaluation services related to delinquent behavior, alcohol and drug abuse, sex offenders, sexual abuse, or mental health. Associated education services may also be provided to juvenile occupants. |
RESIDENCE, RESIDENTIAL FACILITY: | Any building or portion thereof where an individual is actually living at a given point in time and intends to remain, and not a place of temporary sojourn or transient visit. |
RESIDENTIAL CHICKEN: | A female domesticated fowl of the genus Gallus, commonly referred to as a hen chicken. |
RESIDENTIAL FACILITY FOR ELDERLY PERSONS: | A dwelling unit that is either owned by one of the residents or by an immediate family member of one of the residents, or is a facility for which the title has been placed in trust for a resident; and is occupied on a twenty four (24) hour per day basis by eight (8) or fewer elderly persons in a family type arrangement, together with any incidental domestic staff. A “residential facility for elderly persons” shall not include any facility: A. Which is operated as a business; provided, that such facility may not be considered to be operated as a business solely because a fee is charged for food or for actual and necessary costs of operation and maintenance of the facility; |
B. Where persons being treated for alcoholism or drug abuse are placed; C. Where placement is not on a strictly voluntary basis or where placement is part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional institution; D. Which is a healthcare facility as defined by Utah Code 26B-2-201(13), as amended; or E. Which is a residential facility for persons with a disability. | |
RESIDENTIAL FACILITY FOR PERSONS WITH A DISABILITY: | A residence in which more than one person with a disability resides, together with any incidental domestic staff, and which is licensed or certified by the Department of Health and Human Services under Utah Code 26B-2, as amended. |
RESIDENTIAL GARAGE SALES OR YARD SALES: | The occasional sale of surplus household goods or furnishings as a use accessory to a dwelling. Sales held more frequently than three (3) days in any one calendar quarter shall be considered a retail use and not “occasional” in nature, nor a use accessory to a dwelling. A residential garage sale or yard sale shall not include goods or property: A. Acquired for the purpose of resale, barter or exchange; or B. Manufactured or repaired for the purpose of sale as part of a home occupation. |
RESTAURANT: | A place of business where food and beverages are prepared, served and sold for human consumption. A restaurant does not include a business: A. Engaged in the sale and consumption of alcoholic beverages unless licensed by the city and the State of Utah; B. That provides entertainment for its patrons unless zoned for and licensed as a cabaret or adult live entertainment business; or C. Where the annual revenue from the sale of food is less than the annual revenue from the sale of alcoholic beverages. |
RETAIL TOBACCO SPECIALTY BUSINESS: | A commercial establishment in which: A. The sale of tobacco products accounts for more than thirty five percent (35%) of the total annual gross receipts for the establishment; B. Food and beverage products excluding gasoline sales, is less than forty five percent (45%) of the total annual gross receipts for the establishment; and C. The establishment is not licensed as a pharmacy under Title 58, Chapter 17B, Pharmacy Practice Act of the Utah Code. |
Tobacco products for sale in a retail specialty business are defined as: A. Any cigar, cigarette or electronic cigarette as defined in Utah Code 76-10-101, as amended; B. A tobacco product as defined in Utah Code Section 59-14-102, as amended, including chewing tobacco or any substitute for a tobacco product including flavoring or additives to tobacco; C. Tobacco paraphernalia as defined in Utah Code 76-10-104.1, as amended; D. Liquid for producing vapor in electronic cigarettes, regardless of whether such liquid contains nicotine. | |
RETIREMENT HOME: | A residential facility designed, occupied and intended for residents fifty (50) years of age or older, where common facilities for cooking and dining are available to all residents and independent facilities are provided for living, sleeping and sanitation. |
REVERSE VENDING MACHINE: | An automated mechanical device, maintained in connection with another use, which accepts at least one or more types of limited recyclable materials and issues a cash refund or a redeemable credit slip. A reverse vending machine may sort and process containers mechanically; provided, that the entire process is enclosed within the machine. |
SENIOR MULTIPLE-FAMILY DWELLING: | A multiple family dwelling designated to be occupied exclusively by persons 55 years of age or older. |
SENSITIVE AREA: | Lands containing environmentally and geologically sensitive elements which, if encroached upon by unsuspecting urban land development such as utilities, housing, streets, and/or public facilities, could be damaged beyond reparability or could cause severe damage to such urban development or cause complete destruction thereof or cause the loss of life or bodily harm. Such sensitive areas could include active earthquake faults, potential landslide areas, steep unstable terrain, or areas of potential rockfall. |
SENSITIVE VEGETATION: | Vegetative cover which can be harmed by compaction from overuse, urban development or altering of the hydrologic cycle in such a manner as to create an environmental imbalance causing a severe retardation of growth or elimination of a particular variety of vegetative species. |
SENSITIVE WILDLIFE HABITAT: | Wildlife habitat which provides an environmental biosphere critical to the well being and perpetuation of certain species of wildlife, particularly if encroached upon by urban related development. It is specifically related to the elimination of a limited habitat and its related wildlife. |
SEXUALLY ORIENTED BUSINESSES: | An inclusive term used to describe collectively those businesses for which a sexually oriented business license is required, pursuant to Title 5, Chapter 15, which include for purposes of this title the following: outcall services, adult entertainment dancing agencies, adult businesses (an inclusive term including adult motion picture theaters, adult bookstores or 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. |
SHELTER FOR THE HOMELESS: | Charitable lodgings or sleeping rooms provided on a temporary basis (usually on a daily basis), to those members of society lacking other safe, sanitary or affordable shelter. May also include kitchen and cafeteria. |
SHELTERED WORKSHOP: | An on site supervised educational or vocational training facility for persons with a disability that does not provide any residential facilities. |
SHORT TERM LOAN BUSINESS: | A. An establishment engaged in extending credit to individuals (regardless of whether the debt is secured or unsecured or in the form of a loan, advance or other credit intermediation service) that: |
1. generally charges an annual percentage rate of 30% or higher as calculated under the federal Truth in Lending Act (15 USC Sec. 1601 et seq.) or the rules or regulations adopted pursuant to the Truth in Lending Act; or 2. extends credit in amounts generally less than$10,000. B. This definition specifically includes businesses such as check cashers, deferred deposit lenders and title lenders, but does not include establishments whose primary activity is: 1. selling real estate or financing real estate transactions; 2. making retail or food sales or financing retail or food sales made on the installment plan; 3. selling vehicles or financing purchase money vehicle loans; 4. making repairs or improvements to real or personal property; 5. acting as a pawnbroker under the provisions of Title 5, Chapter 12, Article A; 6. providing professional, medical, dental, insurance or educational services; 7. acting as a charitable organization under Section 501(c)(3) of the Internal Revenue Code or as a community development entity that has been certified by the U.S. Department of the Treasury Community Development Financial Institutions Fund; or 8. providing deposit banking as a depository institution or depository institution holding company as defined in Utah Code Section 7-1-103, as amended. C. In determining the primary activity of a business, the value of any goods sold or services rendered compared with the amount of credit extended shall be taken into account. D. A short term loan business may offer more than one type of credit intermediation service if it meets the licensing requirements for each service and operates from a single storefront. | |
SHORT-TERM RENTAL: | A dwelling unit or any portion of a dwelling unit that the owner of record or the lessee of the dwelling unit offers for occupancy for fewer than thirty (30) consecutive days. "Short-term rental" excludes a facility licensed by Ogden City as a bed and breakfast inn, hotel, motel, boarding house, or lodging house. |
SIDEWALK VENDOR: | Any person or persons licensed under Title 5, Chapter 13, Article B as a sidewalk vendor who sells, or offers to sell at retail, food, nonalcoholic beverages, balloons, or cut flowers on a public sidewalk. |
SINGLE ROOM OCCUPANCY: | A residential facility with six or more sleeping units created from a building that was formerly used as a hotel or motel, where the facility has common sanitation facilities, kitchen facilities, or both, and where the majority of sleeping units have only one sleeping room. |
SITE DEVELOPMENT STANDARDS: | Established regulations concerning lot areas, yard setbacks, building height, lot coverage, open green space and any other special regulations deemed necessary to accomplish the purpose of this title. |
SLEEPING UNIT: | A single unit that provides rooms or spaces for one or more persons, includes permanent provisions for sleeping and can include provisions for living, eating and either sanitation or kitchen facilities but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units. |
SOCIAL HALL: | A for profit privately owned, multiuse indoor space that provides for a variety of private and public functions such as banquets, parties, games, social gatherings, entertainment, lectures and receptions. |
SOUP KITCHEN, CHARITABLE: | A not for profit establishment devoted exclusively to feeding the poor. Such establishment may provide one or more meals per day, at no monetary charge to the hungered. |
STABLE, PRIVATE: | A detached, accessory building for the keeping of horses owned by the occupants of the premises, and not kept for remuneration, hire or sale. |
STABLE, PUBLIC: | A stable other than a private stable. |
STACKED UNITS (duplex, triplex, fourplex): | A multiple-family dwelling containing two (duplex), three (triplex), or four (fourplex) dwelling units where each dwelling unit is above or below a dwelling unit on another floor. |
STOREFRONT AREA, GROUND FLOOR: | An area on the ground floor of a building that extends from the front or side street side of the building to a minimum depth of 60 feet within the building. |
STORY: | The space within a building, other than a cellar, included between the surface of any floor area and the surface of the ceiling next above. |
STORY, HALF: | A story with at least two of its sides situated in a sloping roof, the floor area of which does not exceed two-thirds of the floor immediately below it. |
STREET: | A public thoroughfare, dedicated, abandoned or condemned for public use prior to the initial enactment of the zoning ordinance, which affords the principal means of access of abutting property and is more than 26 feet wide, and any public thoroughfare dedicated to the public and accepted by proper public authority or condemned for public use after said date. |
STREET, PRIVATE: | A private right-of-way that is 26 feet wide or wider, that accesses the lots, other than footprint lots, within a PRUD, group dwelling, or similar development, and that otherwise functions much like a public street. |
STRUCTURAL ALTERATIONS: | Any change in supporting members of a building, such as bearing walls, columns, beams or girders. |
STRUCTURE: | Anything constructed or erected, the use of which requires location on the ground, or attachment to something having location on the ground. |
SWAP MEET: | A business operated entirely within an enclosed building where, under direction of a swap meet proprietor, individual sellers occupy a designated area where goods are sold or exchanged. |
SWIMMING POOL: | Any artificial or semiartificial container, whether indoors or outdoors, and whether above or below the surface of the ground, or both, used or intended to be used to contain a body of water for swimming by any person or persons, together with all permanent structures, equipment, appliances and other facilities used or intended for use in and about the operation, maintenance and use of such pool. |
SWIMMING POOL, FAMILY: | A swimming pool used and intended to be used solely by the owner, operator or lessee thereof and his family and by friends invited to use it without payment of any fee or consideration. |
TEMPORARY AUTOMOTIVE SUMMER SALES IN COMMERCIAL PARKING LOTS: | The occasional sale of automobiles, trucks or RVs on a shopping center or large store parking lot in the C-2 or C-3 zones, so long as: A. The sale takes place from March 1 to and including September 30; B. The space used must not exceed twenty five percent (25%) of the available parking at that location; C. The person engaging in the sale must have a permanent retail location within Weber County and show that such person is a dealer licensed by the state; and D. Any sale shall not last longer than fourteen (14) days; provided, that no dealer may conduct more than one 14-day sale or two (2) 7-day sales per calendar year, per location. |
TEMPORARY BUSINESS: | A permitted wholesale or retail business conducted on a lot without a permanent building or on a lot with a permanent building but disassociated with any business located within said building. |
THEATER, INDOOR PICTURE: | A building or part of a building devoted to the showing of moving pictures on a paid admission basis. |
THEATER, OUTDOOR DRIVE-IN: | An open lot or part thereof, with its appurtenant facilities devoted primarily to the showing of moving pictures, on a paid admission basis, to patrons seated in automobiles. |
TITLE LENDER: | A person engaged in the business of making loans or transactions that are: A. Secured by the title to a: 1. Motor vehicle, as defined in Utah code section 41-6a-102; 2. Mobile home, as defined in Utah code section 41-6a-102; or 3. Motorboat, as defined in Utah code section 73-18-2. B. “Title loan” includes a title loan extended at the same premises on which any of the following are sold: 1. A motor vehicle, as defined in Utah code section 41-6a-102; 2. A mobile home, as defined in Utah code section 41-6a-102; or 3. A motorboat, as defined in Utah code section 73-18-2. |
“Title loan” does not include: 1. A purchase money loan; 2. A loan made in connection with the sale of a motor vehicle, as defined in Utah code section 41-6a-102; a mobile home, as defined in Utah code section 41-6a-102; or a motorboat, as defined in Utah code section 73-18-2; or 3. A loan extended by an institution listed in Utah code section 7-24-305. | |
TOWING OR IMPOUND LOT: | A secure facility where a licensed tow truck operator temporarily stores vehicles, belonging to another, which have been damaged, disabled, abandoned, seized, or impounded. |
TRADE OR VOCATIONAL SCHOOL: | A post-high school educational or vocational training facility. |
TRANSITIONAL HOUSING FACILITY: | A facility owned, operated or contracted by a governmental entity or a charitable, nonprofit organization, where, for no compensation, temporary housing (for usually 3 to 24 months, but in no event less than 30 days) is provided to homeless persons, while they obtain work, job skills, or otherwise take steps to stabilize their circumstances. A transitional housing facility shall not include a shelter for the homeless. A dwelling unit provided to a family for their exclusive use as part of a transitional housing program, for more than thirty (30) days, shall not be considered to be a transitional housing facility. |
TREE, LARGE, MEDIUM, OR SMALL: | A tree designated by the city urban forester or in the city arboricultural regulations as being of a particular size. |
TREE, SIGNIFICANT: | An existing tree in healthy condition and having a minimum caliper of four inches (4") or greater as measured by industry standards and that is any of the following: A. A naturally occurring (not planted) Utah native species; B. Designated or defined in the general plan or by the city urban forester as significant; C. Within the public right-of-way; D. Within a sensitive overlay; E. Within an area of ground instability as determined by the city engineer; or F. On the site of a historic resource or resource listed on the National Register of Historic Places, unless determined by the landmarks commission to be not character defining. |
TURF GRASS: | A surface layer of earth containing grass species with a full root structure that create a uniform ground cover and serve an ornamental and high foot traffic function and are maintained by regular mowing. |
UNLICENSED REHABILITATION/ TREATMENT FACILITY: | A facility providing temporary occupancy for individuals (adult/juvenile) in order to provide rehabilitation, treatment, or counseling services, which facility either does not require licensure by the state of Utah or does not operate under contract with the state of Utah. Without limitation, such services may include rehabilitation, treatment, or counseling services, related to delinquent behavior, alcohol and drug abuse, sex offenders, sexual abuse, or mental health. |
USABLE OPEN SPACE REQUIRED: | Usable open space shall be provided as prescribed by the provisions contained in each zone. “Usable open space” shall be defined as the aggregate area of side, rear and front yards, patios, and balconies and decks having a minimum horizontal dimension of not less than five feet (5'), on a building site or building, which is available and accessible to the occupants of the building for purposes of active or passive outdoor recreation. Upon determination by the planning commission, permanent recreational areas within the building may be considered for the purposes of contributing to the open space provisions contained in each zone. Usable open space does not include driveways, areas for off street parking and off street services, roofs of buildings, or other structures except as determined by the planning commission when substantial landscaping and/or recreation area is provided thereon; ground level areas with a width of five feet (5') or less; and a ground level area width of eight feet (8') or less, if over seventy five percent (75%) of the area is hard surfaced. |
USE: | The specified purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. |
USE, ACCESSORY: | A subordinate use customarily incidental to and located upon the same lot occupied by the main use and devoted exclusively to the main use of the premises. |
USE, CONDITIONAL: | A use or occupancy of a building, or use of land, permitted only when authorized upon issuance of a conditional use permit and subject to the limitations and conditions specified therein, as provided in chapter 7 of this title, intended to allow compatible integration of uses which may be suitable only in certain locations within a particular zone, or only upon certain conditions and/or design criteria being achieved. |
USE, PERMITTED: | Any use lawfully occupying land or buildings as authorized in the zone regulations and for which no conditional use permit is required. |
USED AND REBUILDABLE CAR LOTS: | A facility where non-operable vehicles are sold and displayed for sale in whole by a licensed dealer, excluding any junk or salvage yard. |
USED CAR LOTS: | A facility where operable, used vehicles are sold and displayed for sale by a licensed dealer. |
WAREHOUSE, WAREHOUSING, WAREHOUSE STORAGE: | An enclosed building for the reception and storage of commercial or industrial products or parts with the intent of storing product supply or shipping stored products to final destinations or using materials stored for creation of a final product for shipping to final destinations. This definition is to apply to stand alone land uses and not intended to limit warehousing as an accessory use to a main permitted use. |
WASTE TRANSFER STATION: | The use of any lot, portion of a lot, or tract of land for the receiving, processing and immediate off site disposal of solid waste to a permanent disposal site. This may include the temporary collection of recyclable materials and household hazardous waste as an accessory use. |
WATER-WISE LANDSCAPE: | The use of plants that have lower supplemental water needs and are adapted to the climate and available water conditions of the region. The term water-wise can also include drought resistant plants and plants that are native to arid conditions and temperature conditions of the region. |
WIDTH OF LOT: | The distance between the side lot lines at the distance back from the front line required for the depth of the front yard. |
YARD: | An open space on a lot, other than a court, unoccupied and unobstructed from the ground upward by buildings, except as otherwise provided herein. |
YARD, FRONT: | A yard on the same lot with a building between the front line of the building (exclusive of steps) and the front lot line and extending across the full width of the lot. The “depth” of the front yard is the minimum distance between the front lot line and the front line of the building. |
YARD, REAR: | A yard on the same lot with a building between the rear line of the building (exclusive of steps) and the rear lot line and extending the full width of the lot. On side yards facing street on corner lot, the rear yard does not extend the full width, but extends to the side line of the building facing the street. |
YARD, REAR ON THROUGH LOT: | A yard on the same lot with a building, between the rear line of the building (exclusive of steps) and the rear street lot line, extending the full width of the lot. |
YARD, SIDE: | A yard on the same lot with a building, between the side line of the building (exclusive of steps) and the side lot line extending from the front yard to the rear yard. |
YARD, SIDE FACING STREET ON CORNER LOT: | An open, unoccupied space on the same lot with a building between the side line of the building (exclusive of steps) and the street side lot line, extending from the front yard to the rear property line, and including a rear yard on through lot. |
ZONE: | The geographical area of the city within which the zoning regulations are uniform. |
ZONING MAP: | The zoning map of Ogden City describing the location and boundaries of the various zoning districts established by this title. |
ZONING ORDINANCES: | The zoning ordinances of Ogden City, Utah. |
DEFINITIONS
CABARET: | A restaurant with beer license, restaurant with liquor consumption license, drinking establishment, or other business licensed for the on premises consumption of alcoholic beverages, which business is licensed to permit its patrons to dance or to entertain its patrons with live performers who sing, dance or play musical instruments. Cabarets do not include sexually oriented businesses. |
CAMPGROUND: | A location for short-term overnight stays in camp structures such as tents, tipis, cabins, recreational coaches, or under the sky. |
CANNABIS: | All species of the genus cannabis and all parts of the genus, whether growing or not; the seeds of it; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from them, fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. Any synthetic equivalents of the substances contained in the plant cannabis sativa or any other species of the genus cannabis which are chemically indistinguishable and pharmacologically active are also included. |
CANNABIS CULTIVATION FACILITY: | A person that: A. possesses cannabis; B. grows or intends to grow cannabis; and C. sells or intends to sell cannabis to a cannabis cultivation facility, a cannabis processing facility or, as defined in Utah law, a medical cannabis research licensee. |
CANNABIS PROCESSING FACILITY: | A person that: A. acquires or intends to acquire cannabis from a cannabis production establishment or a holder of an industrial hemp processor license under Utah State Code Title 4, Chapter 41, Hemp and Cannabinoid Act; |
B. possesses cannabis with the intent to manufacture a cannabis product; C. manufactures or intends to manufacture a cannabis product from unprocessed cannabis or a cannabis extract; and D. sells or intends to sell a cannabis product to a medical cannabis pharmacy or, as defined by Utah law, a medical cannabis research licensee. | |
CANNABIS PRODUCT: | A product that: A. is intended for human use; and B. contains cannabis or tetrahydrocannabinol. |
CANNABIS PRODUCTION ESTABLISHMEN T: | A cannabis cultivation facility, a cannabis processing facility, or an independent cannabis testing laboratory. |
CAR WASH, LAUNDRY TYPE: | A structure or portion thereof containing facilities for washing passenger automobiles, using production line methods such as, but not limited to, chain conveyor, movable or revolving cleaning brushes, blower, steam cleaning, or similar mechanical devices. |
CAR WASH, MANUAL SPRAY: | A structure or portion thereof containing facilities for washing passenger automobiles, limited to using only hand operated manual spray cleaning equipment and techniques. |
CELLAR: | A story having more than one-half (½) its height below the average level of the adjoining ground. A cellar shall not be counted as a story for the purpose of height measurement. |
CHECK CASHER: | A person engaged in the business of cashing checks. |
A. A check is a draft, other than a documentary draft, payable on demand and drawn on a bank; a cashier’s check or teller’s check; or a demand draft. An instrument may be a check even though it is described on its face by another term, such as “money order”. | |
B. A check casher does not include: a depository institution; a depository institution holding company; an institution directly owned or controlled by one or more depository institutions or depository institution holding companies; or a person that cashes checks in a transaction that is incidental to the retail sale of goods or services and for consideration that does not exceed the greater of 1% of the amount of the cashed check or $1. | |
CLUSTER SUBDIVISION: | A subdivision of land in which the areas and widths of residential lots are reduced below the minimum lot areas and lot width requirements of the zone in which the subdivision is located and where equivalent common open space areas are provided to compensate for such lot reduction. |
COIN: | A piece of currency, usually metallic and usually in the shape of a disc that is: A. stamped metal, and issued by a government as monetary currency; or B. is worth more than its current value as currency and is also worth more than its metal content value. |
COMMERCIAL GRADE PRECIOUS METALS: | Ingots, monetized bullion, art bars, medallions, medals, tokens, and currency that are marked by the refiner or fabricator indicating their fineness and include: A. .99 fine or finer ingots of gold, silver, platinum, palladium, or other precious metals; or B. .925 fine sterling silver ingots, art bars, and medallions. |
COMMERCIAL LAND AREA: | The amount of land in a commercial or mixed-use development that is used for non-residential uses. Commercial land area includes the footprint of the ground floor areas dedicated to non-residential uses, the required parking for the non-residential use's floor area and the associated landscaping. Landscape areas that are included are areas along the non-residential use's street frontage, areas within the required non-residential parking area and areas along the foundation of the non-residential ground floor area. Commercial land area shall not include outdoor recreation space. |
COMMUNITY CORRECTIONAL FACILITY: | A facility licensed by or contracted by the state of Utah to provide temporary occupancy for previously incarcerated persons which assists such persons in making a transition from a correctional institution environment to independent living. Such facility may also provide ancillary, temporary occupancy for individuals placed as part of, or in lieu of, confinement rehabilitation, or treatment in a correctional institution. |
COMMUNITY LOCATION: | A public or private school, a licensed child-care facility or preschool, a church, a public library, a public playground, or a public park. |
CONDOMINIUM PROJECT: | A real estate condominium project where ownership of a single unit in a multi-unit project, together with an undivided interest in common in the common areas and facilities of the property, is transferred; a plan or project whereby four or more apartments, rooms, office spaces, or other existing and proposed apartments, or commercial or industrial buildings or structures are separately offered or proposed to be offered for sale and meeting all requirements of Utah Code Annotated title 57, chapter 8, condominium ownership act. Structures shall conform with all area, yard, frontage and height regulations of the zone district in which they are located. |
CONTACT PERSON: | The individual designated in an application or petition, filed pursuant to the provisions of this title, to receive notices, copies of staff reports, and notices of final actions on a pending application. |
CONVENIENCE STORE: | A place of retail business primarily engaged in the sale of food or drink for consumption either on or off premises and the retail sales of motor fuel from pumps on the site. |
CORRAL: | A space, other than a building, less than one acre in area, or less than 100 feet in width, used for the confinement of animals so they can be easily captured. |
CORRECTIONAL INSTITUTION: | A prison, jail, juvenile detention facility or juvenile secure facility. |
COTTAGE: | A detached single-family dwelling that has at least 600 square feet and no more than 1,200 square feet of floor area and is no more than two stories high. |
COTTAGE COURT: | A group of cottages arranged around a shared court or green space. Each dwelling unit's main entrance faces the shared court or green space, and the shared court or green space replaces the function of the rear yard. |
COTTAGE LOT: | A small lot designed to accommodate one cottage. |
COUNTRY CLUB: | A chartered, nonprofit membership club with or without dining facilities and cocktail lounge, catering primarily to its membership, providing one or more of the following recreational and social amenities: golf, horseback riding, tennis, swimming, any of which shall be located on a site of not less than two acres and open only to members and their duly authorized guests. |
COURT: | An unoccupied open space, other than a yard, on the same lot with a building or buildings, which is bounded on two or more sides by the walls of such buildings. |
COVERAGE, LOT: | The percent of lot area covered by the main and accessory buildings. |
DAIRY: | A commercial establishment for the manufacture, processing or sale of dairy products. |
DAYCARE CENTER: | Any building or structure other than an occupied residence furnishing care, supervision, and guidance for three or more children unaccompanied by parent or guardian for periods of less than 24 hours per day; or, an occupied residence which furnishes care, supervision and guidance for six or more children unaccompanied by parent or guardian for periods of less than 24 hours per day. Occupied residence shall refer to being used as a residence by a family. The term "daycare center" is inclusive of kindergartens, nursery schools, and all other similar facilities, except preschools as defined by this chapter, specializing in the education and/or care of children prior to their entrance into the first grade, other than facilities owned and/or operated by the public school system. |
DECISION MAKER: | The official, board, commission, or other body empowered to render a decision on a particular matter under this title. |
DEFERRED DEPOSIT LENDER: | A person engaged in the business of making loans or transactions where: A. a person presents to the deferred deposit lender one or more checks written on that person’s account, or provides written or electronic authorization to the deferred deposit lender to effect one or more debits from the person’s account using an electronic payment; and B. the deferred deposit lender provides the person an amount of money that is equal to the face value of the check(s) or the amount of the debit(s) less any fee or interest charged for the transaction; and agrees not to cash the check(s) or process the debit(s) until a specific date. |
DEPARTMENT: | The Department of Community and Economic Development. |
DIRECTOR: | The Director of the Department of Community and Economic Development, or the Director’s designee. |
DISABILITY: | A physical or mental impairment that substantially limits one or more of a person’s major life activities, including a person having a record of such an impairment, or being regarded as having such an impairment. “Disability” does not include current illegal use of, or addiction to, any Federally controlled substance, as defined in Section 02 of the Controlled Substances Act, 21 USC 802, or successor law. As used in this definition: |
Has A Record Of Such An Impairment: | Has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities. |
Is Regarded As Having An Impairment: | A. has a physical or mental impairment that does not substantially limit one or more major life activities but that is treated by another person as constituting such a limitation; B. has a physical or mental impairment that substantially limits one or more major life activities only as a result of the attitudes of others toward such impairment; or |
C. has none of the impairments defined herein under definition of “physical or mental impairment”, but is treated by another person as having such an impairment. | |
Major Life Activities: | Functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. |
Physical Or Mental Impairment: | Includes: A. any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or B. any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. C. the term physical or mental impairment includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, human immunodeficiency virus infection, mental retardation, emotional illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance) and alcoholism. |
DOMESTIC STAFF: | Persons employed or residing on the premises of a dwelling unit or other residential facility to perform domestic services or to assist residents in performing major life activities. |
DRINKING ESTABLISHMEN T: | An establishment that serves food and drink, or drink only, to the general public or to its members and their guests, for on-premises consumption and whose annual revenue from the sale of alcoholic beverages equals or exceeds the revenue from the sale of food. A drinking establishment includes a tavern or private club as those terms are defined in Section 5-3A-1. A drinking establishment shall also be licensed and hold a class B, C, D, or liquor consumption license, as applicable, under Title 5, Chapter 3, Article C. A drinking establishment shall not include entertainment for its patrons unless the premises are zoned for and licensed as a cabaret or adult live entertainment business. |
DRIVE APPROACH/APPROACH: | A hard surface area located in the public right-of-way used to provide access from the public street to private property for motorized or towed vehicles. A typical drive approach will transition from the road surface across the gutter and sidewalk to a driveway. Sometimes referred to as the driveway apron. |
DRIVEWAY: | The use of a portion of property outside the public right-of-way intended and designed to facilitate movement of vehicles from the road right-of-way across the property to an area designed and regulated as a parking space. |
DRY CLEANER: | An establishment which has as its sole purpose the cleansing of fabrics with substantially nonaqueous organic solvents. Laundry establishments with individual dry cleaning machines shall not be classified as a dry cleaner. |
DUPLEX (SIDE-BY-SIDE): | A two-family/duplex dwelling where each dwelling unit shares a side or rear wall with the other dwelling unit. Each dwelling unit includes the space from the ground to the roof. |
DWELLING: | Any building or portion thereof containing one or more dwelling units occupied as, or designed or intended for occupancy as, a residence by one or more families. |
DWELLING, APARTMENT: | A multiple-family dwelling other than a single-family row house or two-family/duplex dwelling. |
DWELLING, BACHELOR OR BACHELORETTE : | A building arranged or designed to include three or more dwelling units, each dwelling unit to be occupied by not less than five but not more than 10 unrelated individuals. |
DWELLING, GROUP: | Two or more dwellings located in more than one building placed upon a single lot. A group dwelling development may be subdivided into more than one lot, if approved under the provisions of Chapter 10 and Title 14, Chapter 5. |
DWELLING, MULTIPLE-FAMILY: | A building arranged or designed to include three or more dwelling units, each to be occupied by one family. |
DWELLING, SINGLE-FAMILY: | A building arranged or designed to include only one dwelling unit or a building arranged or designed to include a dwelling unit and an accessory dwelling unit that is permitted according to the regulations of this title. |
DWELLING, SINGLE-FAMILY ROW HOUSE: | A building built directly against an adjoining building without an open space between, and containing a one-family dwelling unit extending from basement to roof. Each single-family attached dwelling unit shall have a front and rear entrance. Each group of single-family attached dwellings shall be considered one structure, for purposes of front, rear and side yard requirements, and for classifying the building as a duplex, multiple-family dwelling, or other. |
DWELLING, TWO-FAMILY/ DUPLEX: | A building arranged or designed to include two dwelling units, each to be occupied by one family. |
DWELLING UNIT: | Any building or portion thereof designed, occupied, or intended as a residence for a family with complete, and independent facilities for living, sleeping, eating, cooking and sanitation. |
EARTHQUAKE FAULT: | For purposes of this title, earthquake fault shall refer to that portion of the Wasatch Fault which traverses the eastern area of the corporate limits of the City, said fault lines being approximately delineated on the zoning map of Ogden City. Source of delineation of the fault line is “Wasatch Fault, Northern Portion, Earthquake Fault Investigation and Evaluation, a Guide to Land Use Planning”, by Woodward/Clyde Associates, Oakland, California. The detailed and exact location of a fault is to be determined by the review procedure as specified in Section 15-27-6. |
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 1 through 12 in a public school system. The term educational institution for the purpose of this title does not include post-high school educational facilities or educational facilities which include residential facilities for its students. |
EDUCATIONAL INSTITUTION, POST-HIGH SCHOOL: | A postsecondary institution offering courses in general, technical, or religious education; operating completely within the City and including administrative and faculty offices, and student and faculty facilities. |
EDUCATIONAL/ POST-HIGH SCHOOL EDUCATIONAL INSTITUTION WITH HOUSING: | A public or private educational institution or post-high school educational institution with residential facilities or housing for its students and/or staff located on the same property as the institution. |
ELDERLY PERSON: | A person who is 60 years or older, who desires or needs to live with other elderly persons in a group setting, but who is capable of living independently. |
EV-CAPABLE STALL: | A dedicated parking stall that is provided with electrical panel capacity and space to support a minimum 40-ampere, 208/240-volt branch circuit for each parking space and the installation of raceways, both underground and surface mounted, to support electric vehicle supply equipment, whether the supply equipment is immediately installed or not. |
FAÇADE MATERIALS: | The materials used to cover the exterior of a building. A. Primary Materials: Materials that make up the majority of the façade of a structure. B. Secondary Materials: A material that is used on the façade of a structure but does not make up for the majority of the envelope of a structure. |
A. One individual living alone; or B. One of the following groups of individuals, but not both at the same time, living together as a single nonprofit housekeeping unit, together with any incidental domestic staff residing on the premises: 1. Two (2) or more individuals related by blood, marriage, adoption, guardianship, or other duly authorized custodial relationship; 2. Two (2) unrelated individuals and any children of either such individuals, if any; or 3. A group of not more than three (3) unrelated individuals including in such number any domestic staff residing on the premises. | |
FENCE: | A structure that creates a tangible barrier or obstruction having the effect of preventing passage or view across the fence line. Where specified, a planting such as a hedge may be considered a fence. |
FENESTRATION: | Areas of glass on all building facades, including all types of windows and doors. |
FLOODPLAIN: | A relatively flat area or lowland adjoining a river, stream, watercourse, ocean or lake which has been or may be covered with floodwater. Specifically, for purposes of this title, floodplain shall be that area of this City designated within the boundaries of the official flood insurance rate map and approved amendments, which may be subject to periodic inundation in the event of the base flood. |
FLOODPLAIN OVERLAY ZONE: | Boundaries of the intermediate regional flood as defined by the Federal Emergency Management Agency maps. The floodplain zone is designed to overlay or be superimposed over existing zoning within the defined floodplain. Within such an overlay zone, the existing zone remains effective with the additional conditions superimposed by the Floodplain Zone. |
FLOOR AREA: | The sum of the gross horizontal area of the several floors of a building and its accessory buildings on the same lot, excluding cellar and basement floor areas not devoted to residential use, but including the area of roofed terraces. All dimensions shall be measured from the exterior faces of the exterior walls. |
FLOOR, LOT AREA RATIO (FAR): | The total floor area of a building divided by the area of the lot on which it is located. |
FRATERNAL AND BENEVOLENT SOCIETIES: | Includes chartered nonprofit drinking establishments including social clubs or lodges with or without dining facilities and cocktail lounges composing a branch of a fraternal order, or society such as Elks, Masons, American Legion, Eagles, Optimists, Odd Fellows, Kiwanis, Rotary and other similar nonprofit organizations and is open only to members and their duly authorized guests. |
FRATERNITY OR SORORITY HOUSE: | A building occupied by and maintained exclusively for students affiliated with Weber State University, who are associated together in a fraternity/sorority that is officially recognized by Weber State University and who receive lodging and/or meals on the premises for compensation. |
FRONTAGE: | Block frontage, building frontage, or lot frontage as the context dictates. |
FRONTAGE, BLOCK: | All the property fronting on one side of the street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of dead-end street, or political subdivision boundary, measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts. |
FRONTAGE, BUILDING: | The length of a building that faces and is roughly parallel to an abutting street. |
FRONTAGE, LOT or FRONTAGE, STREET: | The length of a lot that is coterminous with the street right-of-way line. |
FRONTAGE, PRIVATE STREET: | The length of a lot that is coterminous with the private street right-of-way line. |
GARAGE, CARPORT: | A private garage not completely enclosed by walls or doors. For the purpose of this title, a carport shall be subject to all of the regulations prescribed for a private garage. |
GARAGE, PRIVATE: | An enclosed space or accessory building for the storage of one or more motor vehicles; provided, that no business, occupation or service is conducted for profit therein, nor space therein for more than one car is leased to a nonresident of the premises. A garage shall be considered part of the dwelling if the garage and dwelling have a roof or wall in common, or are connected structurally by a physical connection such as a wall, trellis or solid fence. |
GARAGE, PUBLIC: | A building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, hiring, selling, or storing motor driven vehicles. |
GARDEN APARTMENT OR COURTYARD DWELLING: | A dwelling within a one-, two- or three-story building that is U-shaped and has a large shared green space or center courtyard. |
GRADE: | The average level of the finished surface or the ground adjacent to the exterior walls of those buildings more than five feet from a street line. For buildings closer than five feet to a street line, the grade is the sidewalk elevation to the center of the building. If there is more than one street, an average sidewalk elevation is to be used. If there is no sidewalk, the City Engineer may establish the grade. |
GREAT HOUSE: | A multiple-family dwelling that resembles a large detached single-family dwelling and has three to eight dwelling units. A great house includes a single main entrance feature that is located at the front of the building. |
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GROVE, SIGNIFICANT: | A group of five or more trees in healthy condition with the trunk of any individual tree being not more than 20 feet from the trunk of another tree, where those trees include: A. at least one significant tree; and B. other trees with a caliper of at least three inches, as measured by industry standards, that would meet the definition of a significant tree other than size. |
GUESTHOUSE: | A separate dwelling structure located on a lot with one or more main dwelling structures used for housing of guests or servants and not rented, leased or sold separate from rental, lease or sale of the main building. |
LAND USE ORDINANCE: | Any planning, zoning, development or subdivision ordinance of the city, including, but not limited to, the provisions of title 14 of this code, commonly referred to as the subdivision ordinance of Ogden City, and this title, commonly referred to as the zoning ordinances of Ogden City, Utah. It is not intended to refer to the Ogden City general plan. |
LAND USE PERMIT: | A permit, approval or authorization under the provisions of this title for the erection, construction, reconstruction or alteration of any building or structure, or the use of any building, structure or land. |
LANDSCAPE OR LANDSCAPING: | The installation of a combination of living plant materials (i.e., turf grasses or turf type fescues, ground cover, annual and perennial flowering plants, vegetables, vines, shrubs, and trees) planted on the property and may include: 1. Natural features such as rock, stone, or existing tree and shrubs; 2. Structural features such as patios, decks, fountains, reflecting pools, gazebos, trellises. |
LAUNDROMAT OR LAUNDERETTE: | A self-service laundry establishment where clothes are cleansed in a coin operated machine. Laundromats or launderettes may include individual dry cleaning machines. |
LINEAR BLOCK: | Both sides of that portion of any street that has street numbers ranging between any two (2) consecutive multiples of 100, such as 100 and 200, or between 2200 and 2300, etc. |
LIQUOR STORE: | A state operated facility for the sale of packaged liquor. |
LIVE-WORK SPACE, LIVE-WORK UNIT: | A dwelling unit in which a significant portion of the space includes a nonresidential work use that is operated by the occupant and that is internally connected to the living space. |
LODGE: | A building used by a local chapter of a national fraternal beneficiary society or domestic fraternal society for meetings and activities associated with the organization and its programs. |
LODGING HOUSE: | A residential facility that includes sleeping units and common sanitation facilities, kitchen facilities, or both, that houses up to fifteen (15) residents for compensation. "Lodging house" excludes a dwelling, a boarding house, a residential facility for persons with a disability, a residential facility for elderly persons, a protective housing facility, a shelter for the homeless, a single-room occupancy, a transitional housing facility, a rehabilitation/treatment facility, or any type of correctional institution. |
LOT: | A tract of land created for ownership independent of any other tract in accordance with the laws in effect at the time of its creation, which may include a subdivision lot, a parcel created by deed using metes and bounds description, or the resulting tract after a lot line adjustment, lot combination, right-of-way dedication or vacation, or similar legal adjustment. |
LOT AREA, GROSS: | The total area of a lot, measured to all areas inside the lot lines. |
LOT AREA, NET: | The total area of a lot, excluding areas proposed for dedication as public rights of way, unbuildable areas due to hazards or preservation of natural features or other resources, measured to all areas inside the lot. |
LOT, CORNER: | A lot abutting on two (2) or more intersecting streets or private streets where the interior angle of intersection or interception does not exceed one hundred thirty five degrees (135°). A lot that abuts a single curved street or private street that changes direction more than forty five degrees (45°) abutting the lot is a corner lot. |
LOT, FOOTPRINT: | A lot that encompasses only the footprint of a building or unit within a building and immediately adjacent areas such as patios, courtyards, or decks. |
LOT, INTERIOR: | A lot other than a corner lot or through lot. |
LOT LINE: | An exterior boundary of a lot consisting of a line segment, curve or a continuous series of line segments and/or curves. A lot line consists of a series if the series from end to end does not result in change in direction of more than forty five degrees (45°). The line segment, curve or series ends if the boundary begins or ends being coterminous with a street, alley, or private street right-of-way line. |
LOT LINE, FRONT: | Any lot line that abuts the street or private street on an interior lot. On a corner lot or through lot, any lot line that abuts the street with the main address for the lot or as designated by the planning manager. |
LOT LINE, REAR: | The lot line on the opposite side of a lot and nearest to parallel to the front lot line. |
LOT LINE, REAR STREET: | On a through lot, the street side lot line. |
LOT LINE, SIDE: | Any lot line that is not a front, street side, or rear lot line. |
LOT LINE, STREET SIDE: | On a corner lot or through lot, any lot line that abuts a street or private street other than a front lot line. |
LOT, THROUGH: | A lot abutting streets or private streets on more than one side where the streets or private streets do not intersect along the lot frontage. |
OFFICE, BUSINESS: | A place intended for the conduct of administration or services by a business enterprise. Includes insurance agencies, real estate agencies, stockbrokers, and other persons who operate or conduct offices in which no goods or merchandise are stored, displayed or sold; does not include personal service businesses such as barbers, beauty operators, cosmetologists, nor does it include embalmers or morticians. |
OFFICE, PROFESSIONAL: | A place intended for the conduct of a recognized learned profession. Such uses include offices and clinics devoted to treatment and care of human illness or injury (medical, dental, chiropractic offices and similar uses), but not including facilities for inpatient care. Other professions so defined would include, but not be limited to, accountants, architects, engineers and lawyers. |
OPEN SPACE OR OPEN GREEN SPACE: | A planned outdoor landscaped area outside the required zone setbacks that is designed and installed or retained and enhanced for use by the residents of the property for gatherings, activities or visual enjoyment. |
OPEN SPACE EASEMENT: | An easement granted to the city by the owner/developer on or over land in that development which provides and guarantees that the designated common open space and recreation land is permanently reserved for and can be used only for open space and recreation purposes in accordance with the plans and specifications approved by the planning commission and mayor at the time of approval of the development. |
OUTDOOR ACTIVITY AREA: | Any open area, exclusive of parking and vehicular accessways, which is part of the main use or accessory to the main use and is used for outdoor activities such as, but not limited to, playgrounds, picnic grounds, dining, receptions, pedestrian walkways, recreation, or work areas. |


REASONABLE ACCOMMODATION: | A change in a rule, policy, practice, or service necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling. As used in this definition: |
Equal Opportunity: | Achieving equal results as between a person with a disability and a nondisabled person. |
Necessary: | The applicant must show that, but for the accommodation, one or more persons with a disability likely will be denied an equal opportunity to enjoy housing of their choice. |
Reasonable: | A requested accommodation will not undermine the legitimate purposes of existing zoning regulations notwithstanding the benefit that the accommodation would provide to a person with a disability. |
RECREATIONAL COACH: | A vehicle such as a recreational trailer, tent camper trailer, truck camper, travel trailer, camp car or other vehicle with or without motive power, designed and/or constructed to travel on the public thoroughfare in accordance with the provisions of the Utah Motor Vehicle Code, and designed for the use of temporary human habitation. |
RECREATIONAL COACH PARK: | Any area or tract of land or a separate designated section within a manufactured home park where one or more spaces are rented or held out for rent to owners or users of recreational coaches for a temporary time not to exceed two (2) weeks. |
RECREATIONAL COACH SPACE: | A plot of ground within a manufactured home park designated and intended for the accommodation of one recreational coach. |
RECYCLABLE MATERIALS: | Reusable material, including, but not limited to, glass, plastics and synthetic materials, paper products such as newspaper, stationery, scrap paper, computer paper and corrugated cardboard, rubber, batteries, ferrous and nonferrous metals, concrete, asphalt, wood, building materials, or any “junk or salvage material”, as defined herein, which are intended for reuse, remanufacture, or reconstitution for the purpose of using in altered form. Recyclable material does not include refuse or hazardous materials nor does it include coins, precious metals or commercial grade precious metals if they are the sole recyclable material. |
RECYCLABLE MATERIALS, LIMITED: | Aluminum cans, plastic, or scrap paper such as newspapers, stationery, computer paper, or magazines, but not including cardboard materials or boxes. |
RECYCLING COLLECTION CENTER: | A facility located in an enclosed building for the acceptance by donation, redemption, or purchase, of recyclable materials, which have been source separated by type by the person who last used the material. Such facility may allow limited compacting or crushing of recyclable materials and may allow temporary outdoor storage of such recyclable materials if stored in weather resistant containers. |
RECYCLING DROP OFF STATION: | A facility maintained in connection with another use consisting of reverse vending machines or unattended weather resistant containers that are provided for collection of limited recyclable materials which have been source separated by type by the person who last used the material. A recycling drop off station shall not include weather resistant containers located on a residential, commercial or manufacturing designated parcel used solely for the collection of recyclable material generated on the parcel. |
RECYCLING PROCESSING CENTER: | A facility that accepts, stores or processes recyclable materials, whether or not maintained in connection with another business. Processing includes baling, briquetting, crushing, compacting, grinding, shredding, sawing, shearing, and sorting of recyclable materials and the heat reduction or melting of such materials. Recycling processing center includes junk or salvage yards where processing of recyclable material is included, but does not include recycling drop off stations or recycling collection stations. |
REHABILITATION/ TREATMENT FACILITY: | A facility licensed by or contracted by the State of Utah to provide temporary occupancy and supervision of individuals (adults/juveniles) in order to provide rehabilitation, treatment, or counseling services. Without limitation, such services may include rehabilitation, treatment, counseling, or assessment and evaluation services related to delinquent behavior, alcohol and drug abuse, sex offenders, sexual abuse, or mental health. Associated education services may also be provided to juvenile occupants. |
RESIDENCE, RESIDENTIAL FACILITY: | Any building or portion thereof where an individual is actually living at a given point in time and intends to remain, and not a place of temporary sojourn or transient visit. |
RESIDENTIAL CHICKEN: | A female domesticated fowl of the genus Gallus, commonly referred to as a hen chicken. |
RESIDENTIAL FACILITY FOR ELDERLY PERSONS: | A dwelling unit that is either owned by one of the residents or by an immediate family member of one of the residents, or is a facility for which the title has been placed in trust for a resident; and is occupied on a twenty four (24) hour per day basis by eight (8) or fewer elderly persons in a family type arrangement, together with any incidental domestic staff. A “residential facility for elderly persons” shall not include any facility: A. Which is operated as a business; provided, that such facility may not be considered to be operated as a business solely because a fee is charged for food or for actual and necessary costs of operation and maintenance of the facility; |
B. Where persons being treated for alcoholism or drug abuse are placed; C. Where placement is not on a strictly voluntary basis or where placement is part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional institution; D. Which is a healthcare facility as defined by Utah Code 26B-2-201(13), as amended; or E. Which is a residential facility for persons with a disability. | |
RESIDENTIAL FACILITY FOR PERSONS WITH A DISABILITY: | A residence in which more than one person with a disability resides, together with any incidental domestic staff, and which is licensed or certified by the Department of Health and Human Services under Utah Code 26B-2, as amended. |
RESIDENTIAL GARAGE SALES OR YARD SALES: | The occasional sale of surplus household goods or furnishings as a use accessory to a dwelling. Sales held more frequently than three (3) days in any one calendar quarter shall be considered a retail use and not “occasional” in nature, nor a use accessory to a dwelling. A residential garage sale or yard sale shall not include goods or property: A. Acquired for the purpose of resale, barter or exchange; or B. Manufactured or repaired for the purpose of sale as part of a home occupation. |
RESTAURANT: | A place of business where food and beverages are prepared, served and sold for human consumption. A restaurant does not include a business: A. Engaged in the sale and consumption of alcoholic beverages unless licensed by the city and the State of Utah; B. That provides entertainment for its patrons unless zoned for and licensed as a cabaret or adult live entertainment business; or C. Where the annual revenue from the sale of food is less than the annual revenue from the sale of alcoholic beverages. |
RETAIL TOBACCO SPECIALTY BUSINESS: | A commercial establishment in which: A. The sale of tobacco products accounts for more than thirty five percent (35%) of the total annual gross receipts for the establishment; B. Food and beverage products excluding gasoline sales, is less than forty five percent (45%) of the total annual gross receipts for the establishment; and C. The establishment is not licensed as a pharmacy under Title 58, Chapter 17B, Pharmacy Practice Act of the Utah Code. |
Tobacco products for sale in a retail specialty business are defined as: A. Any cigar, cigarette or electronic cigarette as defined in Utah Code 76-10-101, as amended; B. A tobacco product as defined in Utah Code Section 59-14-102, as amended, including chewing tobacco or any substitute for a tobacco product including flavoring or additives to tobacco; C. Tobacco paraphernalia as defined in Utah Code 76-10-104.1, as amended; D. Liquid for producing vapor in electronic cigarettes, regardless of whether such liquid contains nicotine. | |
RETIREMENT HOME: | A residential facility designed, occupied and intended for residents fifty (50) years of age or older, where common facilities for cooking and dining are available to all residents and independent facilities are provided for living, sleeping and sanitation. |
REVERSE VENDING MACHINE: | An automated mechanical device, maintained in connection with another use, which accepts at least one or more types of limited recyclable materials and issues a cash refund or a redeemable credit slip. A reverse vending machine may sort and process containers mechanically; provided, that the entire process is enclosed within the machine. |
SENIOR MULTIPLE-FAMILY DWELLING: | A multiple family dwelling designated to be occupied exclusively by persons 55 years of age or older. |
SENSITIVE AREA: | Lands containing environmentally and geologically sensitive elements which, if encroached upon by unsuspecting urban land development such as utilities, housing, streets, and/or public facilities, could be damaged beyond reparability or could cause severe damage to such urban development or cause complete destruction thereof or cause the loss of life or bodily harm. Such sensitive areas could include active earthquake faults, potential landslide areas, steep unstable terrain, or areas of potential rockfall. |
SENSITIVE VEGETATION: | Vegetative cover which can be harmed by compaction from overuse, urban development or altering of the hydrologic cycle in such a manner as to create an environmental imbalance causing a severe retardation of growth or elimination of a particular variety of vegetative species. |
SENSITIVE WILDLIFE HABITAT: | Wildlife habitat which provides an environmental biosphere critical to the well being and perpetuation of certain species of wildlife, particularly if encroached upon by urban related development. It is specifically related to the elimination of a limited habitat and its related wildlife. |
SEXUALLY ORIENTED BUSINESSES: | An inclusive term used to describe collectively those businesses for which a sexually oriented business license is required, pursuant to Title 5, Chapter 15, which include for purposes of this title the following: outcall services, adult entertainment dancing agencies, adult businesses (an inclusive term including adult motion picture theaters, adult bookstores or 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. |
SHELTER FOR THE HOMELESS: | Charitable lodgings or sleeping rooms provided on a temporary basis (usually on a daily basis), to those members of society lacking other safe, sanitary or affordable shelter. May also include kitchen and cafeteria. |
SHELTERED WORKSHOP: | An on site supervised educational or vocational training facility for persons with a disability that does not provide any residential facilities. |
SHORT TERM LOAN BUSINESS: | A. An establishment engaged in extending credit to individuals (regardless of whether the debt is secured or unsecured or in the form of a loan, advance or other credit intermediation service) that: |
1. generally charges an annual percentage rate of 30% or higher as calculated under the federal Truth in Lending Act (15 USC Sec. 1601 et seq.) or the rules or regulations adopted pursuant to the Truth in Lending Act; or 2. extends credit in amounts generally less than$10,000. B. This definition specifically includes businesses such as check cashers, deferred deposit lenders and title lenders, but does not include establishments whose primary activity is: 1. selling real estate or financing real estate transactions; 2. making retail or food sales or financing retail or food sales made on the installment plan; 3. selling vehicles or financing purchase money vehicle loans; 4. making repairs or improvements to real or personal property; 5. acting as a pawnbroker under the provisions of Title 5, Chapter 12, Article A; 6. providing professional, medical, dental, insurance or educational services; 7. acting as a charitable organization under Section 501(c)(3) of the Internal Revenue Code or as a community development entity that has been certified by the U.S. Department of the Treasury Community Development Financial Institutions Fund; or 8. providing deposit banking as a depository institution or depository institution holding company as defined in Utah Code Section 7-1-103, as amended. C. In determining the primary activity of a business, the value of any goods sold or services rendered compared with the amount of credit extended shall be taken into account. D. A short term loan business may offer more than one type of credit intermediation service if it meets the licensing requirements for each service and operates from a single storefront. | |
SHORT-TERM RENTAL: | A dwelling unit or any portion of a dwelling unit that the owner of record or the lessee of the dwelling unit offers for occupancy for fewer than thirty (30) consecutive days. "Short-term rental" excludes a facility licensed by Ogden City as a bed and breakfast inn, hotel, motel, boarding house, or lodging house. |
SIDEWALK VENDOR: | Any person or persons licensed under Title 5, Chapter 13, Article B as a sidewalk vendor who sells, or offers to sell at retail, food, nonalcoholic beverages, balloons, or cut flowers on a public sidewalk. |
SINGLE ROOM OCCUPANCY: | A residential facility with six or more sleeping units created from a building that was formerly used as a hotel or motel, where the facility has common sanitation facilities, kitchen facilities, or both, and where the majority of sleeping units have only one sleeping room. |
SITE DEVELOPMENT STANDARDS: | Established regulations concerning lot areas, yard setbacks, building height, lot coverage, open green space and any other special regulations deemed necessary to accomplish the purpose of this title. |
SLEEPING UNIT: | A single unit that provides rooms or spaces for one or more persons, includes permanent provisions for sleeping and can include provisions for living, eating and either sanitation or kitchen facilities but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units. |
SOCIAL HALL: | A for profit privately owned, multiuse indoor space that provides for a variety of private and public functions such as banquets, parties, games, social gatherings, entertainment, lectures and receptions. |
SOUP KITCHEN, CHARITABLE: | A not for profit establishment devoted exclusively to feeding the poor. Such establishment may provide one or more meals per day, at no monetary charge to the hungered. |
STABLE, PRIVATE: | A detached, accessory building for the keeping of horses owned by the occupants of the premises, and not kept for remuneration, hire or sale. |
STABLE, PUBLIC: | A stable other than a private stable. |
STACKED UNITS (duplex, triplex, fourplex): | A multiple-family dwelling containing two (duplex), three (triplex), or four (fourplex) dwelling units where each dwelling unit is above or below a dwelling unit on another floor. |
STOREFRONT AREA, GROUND FLOOR: | An area on the ground floor of a building that extends from the front or side street side of the building to a minimum depth of 60 feet within the building. |
STORY: | The space within a building, other than a cellar, included between the surface of any floor area and the surface of the ceiling next above. |
STORY, HALF: | A story with at least two of its sides situated in a sloping roof, the floor area of which does not exceed two-thirds of the floor immediately below it. |
STREET: | A public thoroughfare, dedicated, abandoned or condemned for public use prior to the initial enactment of the zoning ordinance, which affords the principal means of access of abutting property and is more than 26 feet wide, and any public thoroughfare dedicated to the public and accepted by proper public authority or condemned for public use after said date. |
STREET, PRIVATE: | A private right-of-way that is 26 feet wide or wider, that accesses the lots, other than footprint lots, within a PRUD, group dwelling, or similar development, and that otherwise functions much like a public street. |
STRUCTURAL ALTERATIONS: | Any change in supporting members of a building, such as bearing walls, columns, beams or girders. |
STRUCTURE: | Anything constructed or erected, the use of which requires location on the ground, or attachment to something having location on the ground. |
SWAP MEET: | A business operated entirely within an enclosed building where, under direction of a swap meet proprietor, individual sellers occupy a designated area where goods are sold or exchanged. |
SWIMMING POOL: | Any artificial or semiartificial container, whether indoors or outdoors, and whether above or below the surface of the ground, or both, used or intended to be used to contain a body of water for swimming by any person or persons, together with all permanent structures, equipment, appliances and other facilities used or intended for use in and about the operation, maintenance and use of such pool. |
SWIMMING POOL, FAMILY: | A swimming pool used and intended to be used solely by the owner, operator or lessee thereof and his family and by friends invited to use it without payment of any fee or consideration. |
TEMPORARY AUTOMOTIVE SUMMER SALES IN COMMERCIAL PARKING LOTS: | The occasional sale of automobiles, trucks or RVs on a shopping center or large store parking lot in the C-2 or C-3 zones, so long as: A. The sale takes place from March 1 to and including September 30; B. The space used must not exceed twenty five percent (25%) of the available parking at that location; C. The person engaging in the sale must have a permanent retail location within Weber County and show that such person is a dealer licensed by the state; and D. Any sale shall not last longer than fourteen (14) days; provided, that no dealer may conduct more than one 14-day sale or two (2) 7-day sales per calendar year, per location. |
TEMPORARY BUSINESS: | A permitted wholesale or retail business conducted on a lot without a permanent building or on a lot with a permanent building but disassociated with any business located within said building. |
THEATER, INDOOR PICTURE: | A building or part of a building devoted to the showing of moving pictures on a paid admission basis. |
THEATER, OUTDOOR DRIVE-IN: | An open lot or part thereof, with its appurtenant facilities devoted primarily to the showing of moving pictures, on a paid admission basis, to patrons seated in automobiles. |
TITLE LENDER: | A person engaged in the business of making loans or transactions that are: A. Secured by the title to a: 1. Motor vehicle, as defined in Utah code section 41-6a-102; 2. Mobile home, as defined in Utah code section 41-6a-102; or 3. Motorboat, as defined in Utah code section 73-18-2. B. “Title loan” includes a title loan extended at the same premises on which any of the following are sold: 1. A motor vehicle, as defined in Utah code section 41-6a-102; 2. A mobile home, as defined in Utah code section 41-6a-102; or 3. A motorboat, as defined in Utah code section 73-18-2. |
“Title loan” does not include: 1. A purchase money loan; 2. A loan made in connection with the sale of a motor vehicle, as defined in Utah code section 41-6a-102; a mobile home, as defined in Utah code section 41-6a-102; or a motorboat, as defined in Utah code section 73-18-2; or 3. A loan extended by an institution listed in Utah code section 7-24-305. | |
TOWING OR IMPOUND LOT: | A secure facility where a licensed tow truck operator temporarily stores vehicles, belonging to another, which have been damaged, disabled, abandoned, seized, or impounded. |
TRADE OR VOCATIONAL SCHOOL: | A post-high school educational or vocational training facility. |
TRANSITIONAL HOUSING FACILITY: | A facility owned, operated or contracted by a governmental entity or a charitable, nonprofit organization, where, for no compensation, temporary housing (for usually 3 to 24 months, but in no event less than 30 days) is provided to homeless persons, while they obtain work, job skills, or otherwise take steps to stabilize their circumstances. A transitional housing facility shall not include a shelter for the homeless. A dwelling unit provided to a family for their exclusive use as part of a transitional housing program, for more than thirty (30) days, shall not be considered to be a transitional housing facility. |
TREE, LARGE, MEDIUM, OR SMALL: | A tree designated by the city urban forester or in the city arboricultural regulations as being of a particular size. |
TREE, SIGNIFICANT: | An existing tree in healthy condition and having a minimum caliper of four inches (4") or greater as measured by industry standards and that is any of the following: A. A naturally occurring (not planted) Utah native species; B. Designated or defined in the general plan or by the city urban forester as significant; C. Within the public right-of-way; D. Within a sensitive overlay; E. Within an area of ground instability as determined by the city engineer; or F. On the site of a historic resource or resource listed on the National Register of Historic Places, unless determined by the landmarks commission to be not character defining. |
TURF GRASS: | A surface layer of earth containing grass species with a full root structure that create a uniform ground cover and serve an ornamental and high foot traffic function and are maintained by regular mowing. |
UNLICENSED REHABILITATION/ TREATMENT FACILITY: | A facility providing temporary occupancy for individuals (adult/juvenile) in order to provide rehabilitation, treatment, or counseling services, which facility either does not require licensure by the state of Utah or does not operate under contract with the state of Utah. Without limitation, such services may include rehabilitation, treatment, or counseling services, related to delinquent behavior, alcohol and drug abuse, sex offenders, sexual abuse, or mental health. |
USABLE OPEN SPACE REQUIRED: | Usable open space shall be provided as prescribed by the provisions contained in each zone. “Usable open space” shall be defined as the aggregate area of side, rear and front yards, patios, and balconies and decks having a minimum horizontal dimension of not less than five feet (5'), on a building site or building, which is available and accessible to the occupants of the building for purposes of active or passive outdoor recreation. Upon determination by the planning commission, permanent recreational areas within the building may be considered for the purposes of contributing to the open space provisions contained in each zone. Usable open space does not include driveways, areas for off street parking and off street services, roofs of buildings, or other structures except as determined by the planning commission when substantial landscaping and/or recreation area is provided thereon; ground level areas with a width of five feet (5') or less; and a ground level area width of eight feet (8') or less, if over seventy five percent (75%) of the area is hard surfaced. |
USE: | The specified purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. |
USE, ACCESSORY: | A subordinate use customarily incidental to and located upon the same lot occupied by the main use and devoted exclusively to the main use of the premises. |
USE, CONDITIONAL: | A use or occupancy of a building, or use of land, permitted only when authorized upon issuance of a conditional use permit and subject to the limitations and conditions specified therein, as provided in chapter 7 of this title, intended to allow compatible integration of uses which may be suitable only in certain locations within a particular zone, or only upon certain conditions and/or design criteria being achieved. |
USE, PERMITTED: | Any use lawfully occupying land or buildings as authorized in the zone regulations and for which no conditional use permit is required. |
USED AND REBUILDABLE CAR LOTS: | A facility where non-operable vehicles are sold and displayed for sale in whole by a licensed dealer, excluding any junk or salvage yard. |
USED CAR LOTS: | A facility where operable, used vehicles are sold and displayed for sale by a licensed dealer. |
WAREHOUSE, WAREHOUSING, WAREHOUSE STORAGE: | An enclosed building for the reception and storage of commercial or industrial products or parts with the intent of storing product supply or shipping stored products to final destinations or using materials stored for creation of a final product for shipping to final destinations. This definition is to apply to stand alone land uses and not intended to limit warehousing as an accessory use to a main permitted use. |
WASTE TRANSFER STATION: | The use of any lot, portion of a lot, or tract of land for the receiving, processing and immediate off site disposal of solid waste to a permanent disposal site. This may include the temporary collection of recyclable materials and household hazardous waste as an accessory use. |
WATER-WISE LANDSCAPE: | The use of plants that have lower supplemental water needs and are adapted to the climate and available water conditions of the region. The term water-wise can also include drought resistant plants and plants that are native to arid conditions and temperature conditions of the region. |
WIDTH OF LOT: | The distance between the side lot lines at the distance back from the front line required for the depth of the front yard. |
YARD: | An open space on a lot, other than a court, unoccupied and unobstructed from the ground upward by buildings, except as otherwise provided herein. |
YARD, FRONT: | A yard on the same lot with a building between the front line of the building (exclusive of steps) and the front lot line and extending across the full width of the lot. The “depth” of the front yard is the minimum distance between the front lot line and the front line of the building. |
YARD, REAR: | A yard on the same lot with a building between the rear line of the building (exclusive of steps) and the rear lot line and extending the full width of the lot. On side yards facing street on corner lot, the rear yard does not extend the full width, but extends to the side line of the building facing the street. |
YARD, REAR ON THROUGH LOT: | A yard on the same lot with a building, between the rear line of the building (exclusive of steps) and the rear street lot line, extending the full width of the lot. |
YARD, SIDE: | A yard on the same lot with a building, between the side line of the building (exclusive of steps) and the side lot line extending from the front yard to the rear yard. |
YARD, SIDE FACING STREET ON CORNER LOT: | An open, unoccupied space on the same lot with a building between the side line of the building (exclusive of steps) and the street side lot line, extending from the front yard to the rear property line, and including a rear yard on through lot. |
ZONE: | The geographical area of the city within which the zoning regulations are uniform. |
ZONING MAP: | The zoning map of Ogden City describing the location and boundaries of the various zoning districts established by this title. |
ZONING ORDINANCES: | The zoning ordinances of Ogden City, Utah. |