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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. |
(Ord. 2018-28, 10-16-2018; amd. Ord. 2020-24, 6-23-2020; Ord. 2023-16, 4-11-2023; Ord. 2024-4, 2-20-2024)
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. |
(Ord. 2015-32, 6-23-2015; amd. Ord. 2024-4, 2-20-2024)
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. |
(Ord. 2015-58, 12-1-2015; amd. Ord. 2020-24, 6-23-2020; Ord. 2023-16, 4-11-2023)
Notes
| 1 | 1. See section 15-13-31 of this title. |
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. |
(Ord. 2016-12, 3-1-2016; amd. Ord. 2023-16, 4-11-2023; Ord. 2024-4, 2-20-2024)
HOME OCCUPATION: The use of a portion of a dwelling as an office, studio or workroom for occupations which are customarily conducted in the home that are incidental to the primary use as a home or residence; provided additionally, that: a) the occupation is limited to members of the family who reside on the premises; b) such occupation shall not require interior or exterior alterations; c) the occupation shall not include the sale of commodities which are not produced on the premises; and d) the occupation shall not use any accessory buildings, yard or any space outside of the main building not normally associated with residential use (it may include child daycare of not more than 8 children or preschool of not more than 8 children); and e) wholesale and/or retail sales of commodities are not permitted directly from the home.
HORIZONTAL SETBACK: The required offset of a building from a lot line, as measured from the property line to the building façade.
HOSPITAL: An institution licensed by the State of Utah which provides diagnostic, therapeutic, and rehabilitative services to individuals on both an inpatient and outpatient basis by or under the supervision of one or more physicians. Any medical clinic or professional office which offers any inpatient or overnight care, or operates on a twenty four (24) hour basis shall be considered to be a hospital. A hospital may include integral support service facilities such as laboratories, outpatient units and training and central services, together with staff offices necessary to the operation of the hospital.
HOTEL: A building providing, for a fee, sleeping accommodations and customary lodging related service for the traveling or business public who have primary residence at another location. Such building is designed with an interior lobby and interior access to the individual rooms. It may or may not include central dining facilities and conference rooms for guests and the general public. It is not intended to be a residence or residential facility.
HOUSEHOLD PETS: Animals or fowl ordinarily permitted in the house and kept for company or pleasure, such as dogs, cats, or canaries, but not including a sufficient number of dogs or cats to constitute a "kennel", as defined in this chapter.
HOUSING, STUDENT: A type of dwelling unit specifically designed for, and occupied by, not more than four (4) individuals who may or may not be related.
(Ord. 2017-32, 6-13-2017; amd. Ord. 2023-16, 4-11-2023)
ILLEGAL NONCOMPLYING STRUCTURE: A structure that does not conform to the land use ordinances currently in effect and does not have rights as a noncomplying structure.
ILLEGAL USE: A use of land that does not conform to the land use ordinances currently in effect and does not have rights as a nonconforming use.
INDEPENDENT CANNABIS TESTING LABORATORY: A person that:
A. Conducts a chemical or other analysis of cannabis or a cannabis product; or
B. Acquires, possesses, and transports cannabis or a cannabis product with the intent to conduct a chemical or other analysis of the cannabis or cannabis product.
INITIAL ENACTMENT OF THE ZONING ORDINANCES: The date of enactment of the first zoning ordinances of Ogden City, February 8, 1951.
INOPERABLE VEHICLE: Any motor vehicle, trailer or semitrailer that cannot be operated in its existing condition because the parts necessary for operation such as, but not limited to, tires, windshield, engine, drive train, driver's seat, steering wheel or column, gas or brake pedals are removed, destroyed, damaged, deteriorated or nonfunctioning; or any motor vehicle which is not currently registered and licensed in this State or another state, except for motor vehicles owned or possessed under consignment by a person licensed under the Motor Vehicle Business Regulation Act.
(Ord. 2011-2, 1-4-2011; amd. Ord. 2019-46, 10-22-2019)
JAIL: A place of incarceration owned and operated by the County, or operated under contract with the County.
JUNK OR SALVAGE MATERIAL: Articles that are used, secondhand, worn out, obsolete, defective, destroyed or discarded and which may be reused or resold in their original form, or which may have outlived their usefulness in their original form and are commonly gathered up and sold to be converted into another product either of the same or a different kind by some manufacturing or recycling process, or which may be salvaged by separating, collecting, or retrieving reusable materials or parts therefrom. Junk or salvage material includes, but is not limited to, inoperable vehicles, auto parts or parts from other types of vehicles, tires, machinery or parts thereof, building materials, scrap metal or other scrap material, and recyclable materials when not located in a recycling processing center, but does not include refuse or hazardous materials. No article shall be considered "used" or "secondhand" for purposes of this definition, if the article is being used in its original form in conjunction with a main use established in conformance with this title, other than those uses involving salvaging or recycling.
JUNK OR SALVAGE YARD: The use of any lot, portion of a lot, or tract of land for the storage, buying, selling, dismantling, demolition or abandonment of junk, whether or not the use is a main use or is accessory to the main use. Junk or salvage yard shall not include:
A. Businesses whose main use involves the sale of used, secondhand or reprocessed goods when the use is conducted entirely within an enclosed building, which may include, but is not limited to, antique stores, or secondhand or thrift shops, and the reprocessing and reconditioning of such goods as an accessory use to the main retail use;
B. Used car lots or used and rebuildable car lots;
C. Swap meets meeting the requirements of subsection 15-38-5S of this title;
D. Warehousing, where articles meeting the definition of junk or salvage are stored entirely within an enclosed building, or outdoor storage allowed as an accessory use to warehousing under the definition of "warehouse, warehousing, warehouse storage", as defined in this chapter;
E. Auto repair or body shops where vehicles meeting the definition of junk vehicles are temporarily parked on the associated open premises awaiting imminent repair or bodywork; provided, that this use shall not allow the outdoor storage of junk vehicles, except as allowed as an accessory use under the definition of "auto repair or body shops", as defined in this chapter;
F. Residential recycling drop off stations, recycling drop off stations, recycling collection centers, and recycling processing centers, established in conformance with the requirements of this title;
G. One automobile or one truck with a capacity of one ton or less, which is inoperable, may be temporarily stored, rather than parked, in a rear yard or in a side yard other than a side yard facing a street, on property which is the place of residence of the owner of the vehicle for a period not to exceed six (6) months, as accessory to a residential use, provided:
1. The automobile or truck is located on a legal parking slab; and
2. The body of the automobile or truck is entirely concealed by an opaque, weather resistant covering which is maintained in good condition; and
3. The main use meets existing parking requirements; and
4. The vehicle is being stored by the owner in order to repair or restore the vehicle for personal use or as a hobby; and
5. A vehicle which is twenty five (25) years or older may be stored in accordance with the above requirements for an additional period of eighteen (18) months; and
H. Junk or salvage material stored in an enclosed building accessory to a main use.
JUVENILE DETENTION FACILITY: A place of temporary detention for delinquent juveniles, which either is owned and operated by the state of Utah or is under contract with the state of Utah.
JUVENILE SECURE FACILITY: A place of incarceration for delinquent juveniles, which either is owned and operated by the state of Utah or is under contract with the state of Utah.
(Ord. 2011-2, 1-4-2011; amd. Ord. 2023-16, 4-11-2023)
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