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South Ogden City Zoning Code

CHAPTER 14

REGULATIONS APPLICABLE TO ALL ZONES

10-14-1: Applicability

The regulations hereinafter set forth in this chapter qualify or supplement, as the case may be, the zone regulations contained elsewhere in this title. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)

10-14-2: Additional Use Regulations

  1. The requirements of this title regarding minimum site development standards will not be construed to prevent a single-family dwelling of any parcel upon land if such parcel was held in separate ownership prior to May 15, 1964.
  2. Any use not expressly permitted, or listed as a conditional use, is prohibited. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)

10-14-3: Additional Main Building Regulations

Every main building shall be located and maintained on a "lot," as defined in section 10-2-1 of this title, and every lot shall have the required frontage on a "street," as defined in section 10-2-1 of this title, or upon a right-of-way or access strip of not less than sixteen feet (16') wide as approved by the Hearing Officer. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)

10-14-4: Additional Yard Regulations

  1. No required yard or other open space around an existing building or which is hereafter provided around any building, in order to comply with this title, will be deemed as providing a yard or open space for any other building; nor will any yard or other required open space on an adjoining lot be deemed to provide a yard or open space on a lot whereon a building is to be erected or established.
  2. Every part of a required yard will be open to the sky and unobstructed except for:
    1. The ordinary projections of sills, belt courses, cornices and other ornamental features, chimneys and flues, eave overhangs; and
    2. Open or lattice enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers which may project into a yard not more than five feet (5'); and
    3. Accessory buildings in a rear yard; and
    4. Accessory buildings will be measured from edge of eave to eave or eave to property line.
    5. Uncovered decks. Uncovered decks may extend into the rear yard setback ten feet (10').
    6. The side yard of a dwelling may be used for parking licensed vehicles; however, the side yard adjoining the street of a corner lot must be landscaped a minimum of ten feet (10') inside the property line.
  3. No accessory building nor group of accessory buildings in any residential zone will cover more than twenty five percent (25%) of the rear yard.
  4. No space needed to meet the width, yard, area, coverage, parking or other requirements of this title for a lot or building may be conveyed away from such lot or building, except as permitted by the City building official and subject to appeal to City's Hearing Officer, and any attempted conveyance or lease in violation hereof shall be void.
  5. No parcel of land which has less than the minimum width and area requirements for the zone in which it is located may be cut off from a larger parcel of land for the purpose, whether immediate or future, of building or development as a lot, except as permitted by the City building official and subject to appeal to City's Hearing Officer. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)

10-14-5: Additional Height Regulations

  1. Specified: Penthouse or roof structures for housing elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain a building, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks and water tanks, wireless or television masts, theater lofts, silos or similar structures may be erected above the height limits prescribed in the zone height regulations, but no space above the height limit will be allowed to provide additional floor space, and no structure, howsoever denominated, of a height greater than the maximum allowed under airport area height provisions, shall be permitted or maintained.
  2. Minimum For Dwellings; Maximum For Accessory: No dwelling will be erected to a height less than ten feet (10') and no accessory building in a residential zone will be erected to a height greater than nineteen feet (19') or one story. For nonvehicle accessory buildings, the walls will not exceed ten feet (10') high from the finished floor. For vehicle accessory buildings, the height of the eaves or cornice may be two feet (2') higher than the vehicle door but not to exceed fourteen feet (14'). (Ord. 17-23, 11-21-2017, eff. 11-21-2017)

10-14-6: Animals And Fowl

No area in the city is zoned for the keeping of farm animals or fowl. This includes, but is not limited to, turkeys, ducks, geese, pigeons, hogs, pigs, goats, sheep, horses, and cows. Exception: Chickens are allowed in accordance with 10-14-24 of this code.

Cats and dogs are allowed, but are restricted to two (2) dogs and/or three (3) cats per residence. Refer to subsection 5-1-13G of this code. (Ord. 17-23, 11-21-2017, eff. 11-21-2017; amd. Ord. 20-18, 7-7-2020)

HISTORY
Amended by Ord. 24-08 Chickens allowed on 8/20/2024

10-14-6-1: Beekeeping

  1. Definitions:

    APIARY: Any place where one or more colonies of bees are located.

    APIARY EQUIPMENT: Hives, supers, frames, veils, gloves, or other equipment used to handle or manipulate bees, honey, wax or hives.

    BEE: The common honeybee, Apis mellifera, at any state of development, but not including the African honeybee, Apis mellifera scutellata species, or any hybrid thereof.

    BEEKEEPER: A person who owns or has charge of one or more colonies of bees.

    BEEKEEPING: To hold a colony of bees in a hive for pollination, honey production, study or similar purpose.

    COLONY: Bees in any hive including queens, workers, or drones.

    FLYWAY BARRIER: A solid fence or hedge used in beekeeping, at least six feet (6') in height extending ten feet (10') from the hive in each direction. It is used to force bees to fly at least six feet (6') above ground over neighboring property lines.

    HIVE: A frame hive, box hive, box, barrel, log, gum skep, or other artificial or natural receptacle which may house bees.
  2. Beekeeping In Residential Zones: An apiary, comprising not more than two (2) hives or an equivalent capacity, may be maintained in a rear yard (or side yard) of any residential lot. If a lot is one-half (0.5) acre or larger, the number of hives on the lot may be increased up to four (4) hives.
    1. Additional requirements:
      1. A person shall not locate or allow a hive on property owned or occupied by another person without first obtaining written permission from the owner or occupant.
    2. Each beekeeper must be registered with the Utah Department of Agriculture and Food as provided in the Utah Bee Inspection Act in title 4, chapter 11 of the Utah Code, as amended.
    3. Honeybee colonies will be kept in hives with removable frames, which hives will be kept in sound and usable condition.
    4. Hives will be placed at least ten feet (10') from any property line and six inches (6") above the ground, as measured from the ground to the lowest portion of the hive.
    5. Hives will be operated and maintained as provided in the Utah Bee Inspection Act.
    6. Each hive will be conspicuously marked with the owner's name, address, telephone number, and State registration number.
    7. A hive must be placed on property so the general flight pattern of bees is in a direction that will deter bee contact with humans and domesticated animals. If any portion of a hive is located between ten feet (10') and fifteen feet (15') from any property line, a flyway barrier will be established and maintained around the hive except as needed to allow access.
    8. On all lots, if the apiary is in an area that borders a public walk or street, the area will be separated from the public walk or street by a fence or wall.
    9. Each beekeeper must ensure that a convenient source of water is available to the colony continuously. The water must be in a location that minimizes any nuisance created by bees seeking water on neighboring property.
    10. Each beekeeper will ensure that no bee comb or other apiary equipment is left upon the grounds of an apiary site. Upon removal from a hive, all such equipment will promptly be disposed of in a sealed container or placed within a building or other beeproof enclosure.
    11. Each beekeeper must comply with all State laws and regulations pertaining to beekeeping.
    12. Notwithstanding compliance with the requirements of this chapter, it shall be unlawful for any person to maintain an apiary or to keep any colony on any property in a manner that threatens public health or safety, or creates a nuisance.
    13. If a conflict arises between any regulation in this chapter and bee management regulations adopted by the Weber-Morgan County Health Department, the most restrictive regulations will apply.
    14. The on site sale of honey or other products obtained through beekeeping operations will be limited to a period of two (2) consecutive weeks each year and limited to honey produced on site. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)

10-14-7: Building Regulations

Domestic water supply and sewage disposal shall comply with the Weber-Morgan County Health Department requirements in all applications for a building permit where either an approved supply of piped water under pressure, or a sewer, is not available. When a public sewer is not available, no building permit shall be issued for any lot less than twenty thousand (20,000) square feet in area, except by approval of the County Board of Health. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)

10-14-8: Fence Regulations

  1. Maximum Specified: No fence or other similar structure may be erected in any required front yard of a dwelling to a height in excess of four feet (4') and must be an open fence as described in section 10-2-1 of this title; nor shall any fence or other similar structure be erected in any side or rear yard to a height in excess of six feet (6').
  2. Corner Lots: On corner lots, no fence or other similar structure may be erected in any yard bordering a street or front yard of an adjoining lot to a height in excess of four feet (4'), except a six foot (6') high fence may be placed not less than ten feet (10') away from the property's side yard property line, with said fence not to extend further toward the front of the property than a point equal to the front line of the house.

    Provided, however, that the Hearing Officer may grant special exceptions as provided for in subsection 10-4-6B of this title, to allow fence types and fence heights of up to six feet (6') in height for public and semipublic buildings, including schools and churches, where the Hearing Officer finds: 1) the fence height is necessary for protection or safety of persons or property; 2) no significant adverse effect will be suffered by any surrounding property; and 3) the requirements of section 10-14-14 of this chapter are maintained.
  3. Difference In Elevation: Where a fence is erected upon a retaining wall or where for other reasons there is a difference in the elevation of the surface of the land on either side of a fence, height of the fence will be measured from a point halfway between the top of the retaining wall and the land on the lower side, or from the average elevation of the surface of the land on either side of the fence, but nothing herein contained will be construed to restrict a fence to less than four feet (4') in height measured from the surface of the land on the side having the highest elevation.
  4. Exceptions: The provisions of this section shall not apply to fences required by State law to enclose public utility installations and public schools. (Ord. 17-23, 11-21-2017, eff. 11-21-2017; amd. Ord. 21-05, 6-1-2021, eff. 6-1-2021)
  5. Recreation Use:
    1. A chain link or mesh fence may be erected to a height not exceeding ten feet (10') for the purpose of enclosing a tennis court, or other court game area. Said fence may not be located in a front yard setback.
    2. Golf safety nets shall be permitted only on lots that abut a golf course and only on the side(s) of the lot that abut(s) the golf course. Safety nets that are six feet (6') to a maximum of thirty feet (30’) in height above grade require a permit issued by the building department. Golf safety nets are prohibited in the front yard. Netting material shall be black in color and of a quality designed for the purpose of obstructing golf balls. Nets may be located on the property line. Netting shall meet all requirements of the city's Building Code and all other applicable codes.
    3. Planning and building staff have the authority to grant exceptions for any proposed net over 30 feet on a case by case basis. Such exceptions may be granted when staff determines that such an exception is justified because of some unusual, emergency, act of God situation or that the health, safety, convenience, order and welfare of the inhabitants of the City will not be materially, or adversely affected, if such exception is granted.

HISTORY
Amended by Ord. 25-11 Added section E. on 7/15/2025

10-14-9: Lighting

  1. Exterior Lighting: No spotlight or floodlight shall be installed in any way which will permit the direct rays of such light to penetrate into any residential zone or onto any property used for residential purposes.
  2. Constituting Traffic Hazard: No light, sign or other advertising structure as regulated by this title shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision; or at any location where, because of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device or which makes use of the words "stop," "look," "drive-in," "danger" or any other word, phrase, symbol or character in such manner as to interfere with, mislead or confuse traffic. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)

10-14-10: Private Park, Playground Or Recreational Area

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

  1. Ownership: The lands and facilities used for such purpose shall be owned or leased and operated by a nonprofit corporation for the exclusive benefit of the members, their immediate families and nonpaying guests.
  2. Sanitary Facilities: Adequate restrooms and sanitary facilities shall be provided and kept available for use by members, their families and guests, and shall be maintained in proper working order and in a clean and sanitary condition and in full compliance with the reasonable standards, rules and regulations established by the Weber-Morgan County Health Department.
  3. Parking: Twenty five (25) off street parking spaces, or one off street parking space for each four (4) memberships in the operating corporation, whichever is greater, shall be provided on the lot devoted to the principal use, as a private park, playground, or recreation area.
  4. Hours: Operation or use of the recreational or other facilities provided is forbidden between the hours of eleven o'clock (11:00) P.M. to six o'clock (6:00) A.M., the next following day.
  5. Setbacks: All facilities, equipment and building shall be set back not less than twenty feet (20') from any property line and shall be located not less than fifty feet (50') from any main building on an adjoining lot and from any area upon which any such main building may be constructed upon said adjoining lot if no such main building exists.
  6. Lot Size: The minimum size of the lot or suite used for such recreational or other purposes shall be one acre.
  7. Lighting: Any lights used to illuminate the premises shall be installed in such manner that the source of light shall be suitably screened to avoid annoying illumination of lands outside the premises. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)

10-14-11: Public Utility Substation

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

  1. Lot Area: Each public utility substation in a residential zone shall be located on a lot not less than two thousand (2,000) square feet in area.
  2. Yards: Each public utility substation in a residential zone shall be provided with a yard on each of the four (4) sides of the building not less than five feet (5') in width, except that for such stations on lots fronting on a street abutted by one or more residential lots, the front yard, side yards and rear yard shall equal those required for a single-family residence in the same zone.
  3. Street Access: Each public utility substation in a residential zone shall be located on a lot which has adequate access from a street, alley or easement.
  4. Location To Be Approved: The location of a public utility substation in a residential zone shall be approved by the Planning Commission. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)

10-14-12: Private Swimming Pools, Tennis/Pickleball Courts, Skateboard Ramps, Basketball Standards Or Courts

  1. Swimming Pool (private). No such pool shall be allowed in any zoning district except as an accessory use and unless it complies with the following conditions and requirements:
    1. It is an accessory use to a main building and is located within the side or rear yard thereof and accessory structure setbacks do not apply to the swimming pool;
    2. It is intended and is to be used solely for the enjoyment of the occupants and guests of the principal use of the property on which it is located;
    3. It may not be located closer than six feet (6') to any side property line or six feet (6’) from a rear property line on the property on which it is located; the setback is measured from the water's edge to the property line;
    4. On corner lots, the distance from the pool to the property line facing on a street shall not be less than the required side yard for an accessory building in that zone;
    5. The swimming pool, or the entire property on which it is located, shall be walled or fenced to a minimum height of six feet or the combination of a minimum 4’ high fence and a powered safety cover complying with ASTM F1346 and a keyed switch to operate the cover. The fence shall be constructed to limit any individual from accessing the pool area. The fence shall comply with all current building codes. All gates on said fences shall be self-closing and fitted with a self-latching device located on the interior side of the gate;
    6. Where a swimming pool is completely enclosed in a building, the location and setback requirements for an accessory structure shall apply. Any above ground pool lighting shall be installed and directed such that the light source or light bulb is not directly visible from any point five feet high along the neighboring property line.
  2. Tennis and/or Pickleball Court (private). No tennis/pickleball court shall be allowed in any zoning district except as an accessory use and unless it complies with the following conditions and requirements:
    1. It is an accessory use to a main building and is located within the side or rear yard thereof;
    2. It is intended and is to be used solely for the enjoyment of the occupants and guests of the principal use of the property on which it is located;
    3. It may not be located closer than fifteen feet to any property line of the property on which it is located. It shall not be less than 30' from any neighbor's dwelling or twenty feet (20') from any side lot line of any adjacent vacant lot;
    4. On a corner lot where the rear lot line is coterminous with a side lot line of an adjoining lot, it shall be located not less than 20" from such lot line; and
    5. Any court lighting shall be installed and directed such that the light source or light bulb is not directly visible from any point five feet high along the neighboring property line.

  3. Skateboard Ramp (private). No skateboard ramp shall be allowed in any zoning district in the City except as an accessory use and unless it complies with the following conditions and requirements:
    1. It is an accessory use to a main building and is located within the side or rear yard thereof;
    2. It is intended and is to be used solely for the enjoyment of the occupants and guests of the principal use of the property on which it is located. No commercial or advertised use of the ramp shall be permitted and no donations or contributions shall be solicited or received for use of or attendance at ramp activities;
    3. It may not be located closer than fifteen feet to any property line of the property on which it is located. It shall be not less than thirty feet 30' from any neighbor's dwelling or 20' from any side lot line of any adjacent vacant lot;
    4. On a corner lot where the rear lot line is coterminous with a side lot line of an adjacent lot, it shall be located not less than 20' from such lot line;
    5. Ramp lighting shall be installed and directed such that the light source or light bulb is not directly visible from any point five feet high along the neighboring property line;
    6. The ramp shall be of such a scale and design and constructed of materials which will minimize noise, vibration, and other nuisance factors commonly associated with ramp usage. Portions of the ramp may be located below ground level, but in no case shall any portion of the ramp exceed six feet in height above ground level, excluding handrails.
    7. A set of written rules adopted to insure safe and reasonable usage and operation of the ramp shall be posted at all times and enforced by the owner of the property on which the ramp is located; and
    8. The ramp must be inside an enclosure or within an enclosed yard.
  4. Basketball Standard and Court. A single basketball standard and court shall not be considered a structure or accessory structure in any residential zoning district. The placement of a basketball standard or court shall be in accordance with the following requirements:
    1. A light erected in conjunction with the basketball standard or court shall be installed and directed such that the light source or light bulb is not directly visible from any point five feet high along the neighboring property line; and
    2. A net or other portable device may be erected up to 13' in height behind the basketball standard to protect the ball from falling onto the adjacent property.

HISTORY
Adopted by Ord. 21-11 on 9/21/2021
Amended by Ord. 24-14 Pool side yard setbacks from 15' to 6'; allowed 4' pool fence with appropriate pool cover. on 11/19/2024
Amended by Ord. 26-01 Rear pool setback changed from 10' to 6'. on 1/6/2026

10-14-13: Daycare Center Regulations

  1. State Statute Applicability: The regulations and licensing of daycare centers shall be in accordance with Utah Code title 62A, chapter 2, as amended, or as hereafter amended.
  2. Fencing Of Outdoor Play Areas; Hours Of Use: All outdoor play areas shall be within a fenced area and shall be limited to use between the hours of eight o'clock (8:00) A.M. to eight o'clock (8:00) P.M. Fence height shall be in accordance with section 10-14-8 of this chapter.
  3. Parking: Sufficient off street parking shall be provided to satisfy the requirements of section 10-17-3 of this title. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)

10-14-14: Clear View Of Intersecting Streets

In any zone, no sight obscuring objects in excess of three feet (3') in height, shall be placed on a corner lot within a triangular area formed by the street curb lines and a line connecting them at points forty feet (40') from the intersection of the back of the curbs. Exceptions: a reasonable number of trees pruned high enough to permit unobstructed vision to automobile drivers; an open fence four feet (4') or less in height, pole and pedestal type identification signs that do not obstruct vision to automobile drivers as determined by the City Engineer. (Ord. 17-23, 11-21-2017, eff. 11-21-2017; amd. Ord. 21-05, 6-1-2021, eff. 6-1-2021)

10-14-15: Zero Side Yards

One zero side yard may be permitted when approved by the Planning Commission, and only if the following requirements are met:

  1. The remaining one side yard is equal to the combined total of the required two (2) side yards of the zone in which it is located; and
  2. No window or other similar opening shall be installed in the building or any accessory building along the side having a zero side yard; and
  3. No zero side yard will be permitted on the lot side bordering on a nonresidential zone, or on a residential lot not utilizing zero side yard provisions; and
  4. Use of the zero side yard is contingent upon development of or commitment to development of a zero side yard on adjacent lot. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)

10-14-16: Residential Facilities For Persons With A Disability

  1. Purpose: The City intends this section to be interpreted and applied in a manner that is consistent with title 57, chapter 21, Utah Fair Housing Act, the Federal Fair Housing Amendments Act of 1988, 42 USC section 3601 et seq., title II of the Americans With Disabilities Act and the Rehabilitation Act.
  2. Scope: If any group living arrangement, facility, residence, congregate living or other housing arrangement meets the definition of a residential facility for disabled persons as defined in section 10-2-1 of this title, the requirements of this chapter shall govern the same notwithstanding any conflicting provision of this title or this Code. Except as provided herein, the requirements of this chapter shall not be construed to prohibit or limit other applicable provisions of this title, this Code or other laws.
  3. Permitted Uses:
    1. Notwithstanding any contrary provision of this title, a residential facility for disabled persons shall be a permitted use in any zone where a group living arrangement is allowed either as a permitted or conditional use, subject to the same development standards as applied to group living arrangements in this title.
    2. In determining whether a group living arrangement is allowed, only those uses allowed by ordinance shall be considered; variances, prior accommodations, preexisting nonconforming buildings, or preexisting nonconforming uses shall not be considered.
  4. Reasonable Accommodation:
    1. None of the requirements of this chapter shall be interpreted to limit any reasonable accommodation to afford a disabled person an equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, title II of the Americans With Disabilities Act, the Utah Fair Housing Act, the Rehabilitation Act, and any other Federal or State law requiring a reasonable accommodation for a disabled person.
    2. Any person or entity wanting a reasonable accommodation shall submit an application to the Accommodation Review Committee (ARC) and shall in writing:
      1. Provide the address of the property to which the accommodation will be applied;
      2. Specify the accommodation requested, including the regulation(s), policy or procedure for which an accommodation is sought;
      3. Explain why the accommodation is reasonable and necessary to afford a disabled person an equal opportunity to use and enjoy a dwelling; and
      4. Provide all information necessary and sufficient for the findings required in subsection D4 of this section.
    3. The ARC shall evaluate all reasonable accommodation requests based on the criteria required of an applicant by subsection D4 of this section.
    4. Within thirty (30) days after receipt of a complete application, the ARC shall issue a written decision on the requested reasonable accommodation. The ARC may either grant, grant with modifications, or deny a request for reasonable accommodation under the following factors:
      1. Whether the housing, which is the subject of the request for reasonable accommodation, will be used by a disabled person;
      2. Whether the requested accommodation is necessary to afford disabled persons equal opportunity to use and enjoy a dwelling when compared to similarly situated persons or groups without a disability;
      3. Whether the requested accommodation would impose an undue financial or administrative burden on the City;
      4. Whether the requested accommodation would require a fundamental alteration in the nature of the City's land use, zoning or building programs;
      5. Whether the requested accommodation is reasonable;
      6. Whether the request for accommodation would cause a dwelling being made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would cause substantial physical damage to the property of others; and
      7. Any other relevant considerations under Federal or State law.
    5. If a reasonable accommodation request is denied, the decision may be appealed to the Hearing Officer in the manner provided for appeals of administrative decisions in chapter 4 of this title. The review of all such appeals, including any appeals from the Hearing Officer to the District Court, shall be based upon the record presented to the ARC and shall not be de novo.
    6. A reasonable accommodation shall not be deemed a variance or to run with the land.
    7. If the ARC fails to render a written decision on the request for reasonable accommodation within the thirty (30) day time period allotted by subsection D4 of this section, the request shall be deemed denied based upon the insufficiency of the applicant's information to satisfy the criteria in subsection D4 of this section.
    8. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.
    9. It is the applicant's burden to demonstrate that the accommodation is necessary and reasonable under the standards and definitions set forth in Federal and State law, including Federal and State case law.
  5. Accommodation Review Committee (ARC):
    1. The purpose of the ARC is to assure that all reasonable accommodation requests comply with this title and that all decisions on reasonable accommodation requests are reviewed and handled in compliance with this title, the Fair Housing Amendments Act of 1988, title II of the Americans With Disabilities Act, the Utah Fair Housing Act, the Rehabilitation Act, and any other Federal or State law requiring a reasonable accommodation for a disabled person.
    2. The ARC shall consist of five (5) members: the City Manager, the City Planner, the Fire Chief, the Chief Building Official, and the City Attorney or their designee(s). The Police Chief, the City Engineer, the Public Works Director and any other person(s) designated by the ARC shall serve as advisors to the ARC.
    3. The City Manager shall serve as the Chairperson of the ARC.
    4. The ARC may establish procedures for preparing its agendas, the scheduling of meetings, and the conduct of meetings and field trips, if any.
    5. The ARC may retain the services of any other outside professionals or technical experts to help evaluate any and all requests for accommodation. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)

10-14-17: Television Satellite Dish Antennas

Building permits are required for TSDAs and shall comply with the following regulations:

  1. Location:
    1. In any residential zone, TSDAs shall be located only in the rear yard of any lot. If a usable satellite signal cannot be obtained from such rear yard, the antenna may be located on the roof or side yard (except side yards facing the street on a corner lot) as a special exception by approval of the Planning Commission.
    2. On any property with a legal commercial use, TSDAs may be located on the roof or in the rear or side yards. They may be permitted in the front yard or on a side yard facing the street on a corner lot as a special exception by approval of the Planning Commission when a usable satellite signal cannot be obtained in an otherwise approved location.
    3. All TSDAs shall have setbacks of at least ten feet (10') from the property lines in rear yards. The setback shall be measured from the property lines to the nearest point of the antenna. The distance for rotating dish antennas shall be measured from the nearest point of the antenna in its closest rotational configuration.
  2. Antenna Size: No TSDA shall exceed twelve feet (12') in diameter in a residential zone.
  3. Antenna Height: No antenna attached to a structure shall exceed the building height limitation in its respective zone.
  4. Construction Standards:
    1. All antennas in a residential zone shall be located and designed to reduce the visual impact from surrounding properties at street level and from public streets by appropriate screening (i.e., landscaping, fencing, etc.).
    2. All antennas shall be erected in a secure and wind resistant manner.
    3. Every antenna must be adequately grounded for protection against a direct strike of lightning.
  5. Temporary Television Satellite Antennas: Temporary TSDAs may be located on the property for a total of thirty (30) days, subject to the provisions of subsections A2 and A3 of this section. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)

10-14-18: Reserved

Reserved

HISTORY
Amended by Ord. 23-19 on 10/17/2023

10-14-19: Landscape And Maintenance Of Developed Land

  1. Required: Construction on land approved for development in the City will be undertaken as required by City ordinances. Land remaining on developed sites not covered with structures or impervious surfaces such as driveways, walks, courts, landscape features (sculptures, boulders, etc.), shall be landscaped in accordance with 10-23 of this Title and 10-5.1A-7or 10-5.1B-7 if applicable and irrigated with a system to maintain plants in a healthy, growing condition, compatible with the general neighborhood appearance.
  2. Residential Yard Areas: Landscaping shall be installed in all required residential yard areas adjoining a public or private street within eighteen (18) months of occupancy. Landscaping of a residential site shall be in accordance with 10-23 of this Title.
  3. Failure To Comply: Owners/operators of property located within the City Center, 40th Street Corridor or Commercial Areas Form Based Code not landscaped or maintained as required by this section, 10-23, 10-5.1A-7, 10-5.1B-7 or any other criteria established in this Code may have their business licenses revoked. Owners of residential property not landscaped or maintained as required are subject to prosecution for a Class C misdemeanor, and upon conviction, subject to penalty as provided in section 1-4-1 of this Code. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)
HISTORY
Amended by Ord. 22-06 on 4/19/2022

10-14-20: Sale Of A Dwelling Unit In A Multiple-Unit Building

Two (2) or more units in a building may be divided into lots with a permanent homeowners' association or covenants as appropriate, if all Building Codes and other applicable City ordinances are complied with. The Planning Commission may require additional lot improvements as needed to make the site compatible with neighboring lots or provide amenities for future owners. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)

10-14-21: Group Living Arrangements

  1. Group living arrangements which are not expressly permitted within a zone or by the zoning ordinance are expressly prohibited.
  2. Group living arrangements are a conditional use in only the following subdistricts of the City Center/40th Street and Commercial Areas form based codes:

    City Center "Core"

    City Center "General"

    Riverdale Road "General"

    40th Street "General"

    Gateway Core

    Gateway General

    Neighborhood Commercial
  3. No group living arrangement shall be allowed, established or maintained within the City if it is located or proposed to be located within a two thousand six hundred forty foot (2,640') radius of any other group living arrangement, whether located in the City, County, State, or a surrounding municipality. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)

10-14-22: Standards For Accessory Buildings In Residential Zones

  1. Design and Materials: The original design of the building must have been to function as a typical accessory residential structure, such as a patio cover, pergola, storage shed, garage or carport, and not for some other use. Reuse of a metal structure originally designed or used for other purposes, such as shipping or cargo containers, is not allowed unless the exterior of the metal structure is made to be integrated into the design of the main residential building, with a similar residential exterior wall treatment and roofing material as the main building.
    1. All accessory buildings may use painted metal, horizontal lap or vertical (board and batten) siding, brick, stucco, wood, or similar material, or material that appears similar, as that of the main building, as long as all materials are in good condition.
    2. All accessory buildings larger than 200 square feet must be integrated into the design of the residential building, with a similar residential exterior wall color.
      1. Roofing materials including metal roofs shall have a similar color as the main building.
      2. An eave proportionate to the main building is required with a minimum of 12 inches. Aluminum fascia and soffits are allowed.
    3. Roof pitches shall be a minimum of a 4/12.
  2. Location and Size:
    1. No detached accessory building, other than trellises, shall be allowed in the front yard between the main residential building and the street.
    2. A garage or carport attached to the main residential building is allowed between the front of the main residential building and the street if the front yard setback requirement for the zone is maintained and the garage or carport is integrated into the design of the residential building, with a similar residential exterior wall treatment, roof slope, and roofing material as the main building to which it is attached.
    3. A detached garage or carport may be located in the side yard so long as it meets the side and front yard setbacks, is a minimum of 6 feet from the main building, is integrated into the design of the residential building, with a similar residential exterior wall treatment and roofing material as the main building.
    4. Accessory buildings may be located in a rear yard provided they meet the required setbacks of the zone.
  3. Height: The building shall not exceed the maximum height allowed by other sections of the Zoning Ordinance (See 10-14-5: Additional Height Regulations).
  4. Prohibited Use: Accessory buildings shall not be used as living quarters. Accessory Dwelling Units are not considered accessory buildings.
HISTORY
Adopted by Ord. 21-11 on 9/21/2021
Amended by Ord. 25-02 Amended A-1 on 2/18/2025

10-14-23: Accessory Dwelling Units (ADU)

The purposes and objectives of this section are to provide reasonable regulations for Accessory Dwelling Units (ADUs) located in residential areas of the city. An ADU is a second dwelling unit on an owner-occupied single-family use property that is clearly incidental and accessory to the main dwelling on the property, and can be either internal, detached or attached.

  1. Definitions:
    1. Internal ADU - an accessory dwelling unit located within the footprint of the primary dwelling unit.
    2. Detached ADU - an accessory dwelling unit that is located on the residential property and not attached to the principal dwelling unit.
    3. Attached ADU - an accessory dwelling unit that is constructed as a physical expansion or addition to the primary dwelling, sharing one or more common walls.
  2. Conditions: An Accessory Dwelling Unit may be permitted subject to the following conditions:
    1. No more than one ADU may be permitted on a single lot.
    2. There is no minimum lot size for internal or attached ADUs as long as all applicable zoning and permitting requirements are met.
    3. Detached ADUs are not permitted on residential lots that comprise an area of less than 10,000 square feet.
    4. There shall be no obvious evidence that more than one family is living on the property containing the ADU. The ADU shall be clearly incidental to the primary dwelling and the property on which it is located.
    5. Each ADU unit shall have the same address as the main structure. Homes with an ADU may designate mail to occupants of the ADU with a unit or apartment number.
    6. The ADU may not be used as a short-term rental.
      1. Short-term rental is defined as a property that is rented for a period of less than 30 days.
    7. ADU size requirements:
      1. Maximum size.
        1. There is no maximum size for ADUs located within or attached to a main building, as long as all applicable zoning and permitting requirements are met.
        2. Detached ADUs shall not exceed 1,200 square feet.
    8. Site Design and Height Requirements:
      1. Height Requirements
        1. Internal and attached ADUs must meet the height requirements of the primary building.
        2. The minimum height of a detached ADU shall not be less than ten feet (10’) and the maximum height shall not exceed 19 feet (19’), subject to the following exceptions:
          1. Height may be increased up to 24 feet for a pitched roof or 20 feet for a flat roof provided the side and rear yard setbacks are increased one foot for each additional foot in building height above 17 feet.
      2. Setback Requirements:
        1. Internal and attached ADUs must meet the setback and height requirements of the primary building.
        2. A detached ADU must maintain five foot (5’) minimum side yard and rear yard setbacks from any property line, be located at least six feet (6') from the main building on the same lot and no closer than ten feet (10') to any dwelling on an adjacent lot. A detached ADU on a corner lot must be set back twenty feet (20’) from the property line on the side where the main dwelling side yard faces the street.
        3. Attached and detached ADUs must utilize a similar residential exterior wall treatment and roofing material as the primary building.
        4. No ADUs may be located in the front yard.
    9. ADUs must include the following:
      1. A kitchen separate from the main dwelling.
      2. Sanitation facilities (at least a 3/4 bathroom) separate from the main dwelling.
    10. The ADU shall provide at least one (1) off-street parking space in addition to the required parking for the primary residential unit.
      1. ADUs must meet the off-street parking requirements contained in Title 10, Chapter 17 Parking and Loading Space, Driveway, Vehicle Traffic and Access Regulations of the South Ogden City Code.
      2. Garage or carport spaces count as approved parking spaces.
      3. Required ADU parking stalls may not be located in a front yard and must meet the off-street parking requirements of 10-17-2 of this code.
    11. All utility services shall be in the property owner's name.
    12. All construction and remodeling to accommodate the ADU shall be in accordance with all building codes, as amended and in effect at the time of construction or remodeling.
    13. A person desiring to construct an ADU shall obtain a building permit as applicable.
    14. The property owner must obtain a South Ogden City Rental Dwelling Business License for ADUs for which they receive any monetary compensation.
    15. ADUs may be inspected upon receipt of complaints by any appropriate department of South Ogden City or other governmental agency to ensure compliance with building, fire, health, and safety codes.
    16. No ADU shall be approved without all required inspections and approvals of the City Building Inspector in compliance with UCA 10-9a-511.5 and its subsequent amendments.
    17. No Rental Dwelling Business License shall be granted to an ADU without providing evidence of a Certificate of Occupancy.
    18. Prior Uses: No ADU existing prior to the enactment of this Section shall be "grandfathered" or considered legal solely based on the fact they were used as such. No ADU dwelling unit is allowed except as provided in this Section. Any portion of the primary residence or ADU that is sectioned off so that any occupant of said dwelling does not have access to any portion of the home, and contains separate living quarters and/or a kitchen, regardless of the relationship of the occupants, shall be prohibited unless it meets all of the requirements and standards of this Section, and an application has been made pursuant to the requirements and conditions of this Section.
    19. The ownership of an ADU shall not be separated from the principal dwelling.
    20. Notice Recorded:
      1. After a Residential Rental ADU License has been approved by the City, staff shall record a notice with the Weber County Recorder’s Office that an ADU has been permitted for the property. The notice shall include:
        1. A description of the primary property
        2. a statement describing what type of ADU has been approved
        3. a statement that the ADU may only be used if the owner lives in either the primary unit or the ADU
        4. a statement the ADU may only be used in accordance with South Ogden City’s land use regulations
      2. After recording the notice, staff shall deliver a copy of the notice to the owner of the ADU property owner.
    21. The decision by South Ogden City staff to not issue a permit for an ADU may be appealed to the Appeal Authority as per 10-4-3 of this code.

HISTORY
Adopted by Ord. 21-11 on 9/21/2021
Adopted by Ord. 23-21 on 12/5/2023
Amended by Ord. 24-02 on 3/19/2024

10-14-24:Keeping Chickens In Residential Neighborhoods

The purpose of this section is to provide reasonable regulations for keeping chickens in residential areas of the city. Chickens (hens only, no roosters) may be kept on a lot of a single-family residence for the sole purpose of producing eggs according to the requirements that follow:

  1. Lot Size: The maximum number of hens permitted is a function of the total residential lot size as indicated in the following chart:
    Lot SizeMaximum Number of Chickens
    4,000 to 6,000 square feetTwo (2)
    6,001 – 10,000 square feetFour (4)
    10,001–12,000 square feet          Six (6) 
    12,000+ square feetEight (8)
  2. Coops and Runs: Chickens are required to be kept in a coop and when outside of the coop they shall be confined to a run. The coop shall be a completely enclosed structure for housing, containing, and protecting the hens. The run shall be attached to the coop structure and enclosed on all sides including the top, allowing the hens to move around outside the chicken coop. Residential chickens are not permitted to roam freely outside of the coop or run.
    1. The combined coop and run structure shall have a minimum floor size of four (4) square feet per chicken, shall not exceed a footprint of one hundred twenty (120) square feet, and shall not exceed an exterior height greater than seven feet (7'). The structure must be enclosed on all sides and secured with a rodent-proof ceiling and floor. The coop and run shall have adequate ventilation with access to light and air on more than one side.
    2. Neither the coop nor run shall be constructed of scrap or dilapidated materials nor use tarps or other non-rigid materials for shading or roofing. Exterior finish materials for the coop shall be typical residential exterior materials except that openings may be covered in wire mesh or netting rather than glass.
    3. Chicken coops are only permitted in fenced rear yards or fenced corner lot side yards. Coops shall be located a minimum of five (5) feet from all property lines, ten (10) feet from dwellings on the property, and twenty-five (25) feet from dwellings on adjacent lots.


C. Chicken feed shall be kept secure from rodents and other wildlife. Feed containers shall be made of rodent-and predator-proof materials. Spillage and leftover feed must be removed daily. Coops and runs are required to be kept clean and maintained to promote chicken health, mitigate odor, and limit the presence of rodents, insects, vermin, pests, and diseases.D. The keeping of hens is solely for egg production for use at the applicant's residence. Chickens shall not be slaughtered on-site or used for meat. Eggs and/or fertilizer that are produced by the hens are not permitted to be sold.E. Dead hens and rotting eggs must be removed within 24 hours. Chicken manure must be placed in compost containers or in airtight containers for off-site disposal. No open-air storage of manure or other by-products is permitted on the property. F. Residents wanting to keep hens must apply for and receive an approved permit.

HISTORY
Adopted by Ord. 24-08 Regulating the Keeping of Chickens on 8/20/2024

24-08

25-11

21-11

24-14

26-01

23-19

22-06

25-02

23-21

24-02