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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)
KENNEL: The land or building used for the keeping of three (3) or more dogs at least six (6) months old and/or eight (8) or more cats at least six (6) months old, which may also be referred to as a cattery.
KINDERGARTEN: A school or class for children of the four (4) to six (6) age group.
(Ord. 2011-2, 1-4-2011)
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. |
(Ord. 2015-17, 5-12-2015; amd. Ord. 2020-24, 6-23-2020; Ord. 2020-55, 11-10-2020; Ord. 2020-60, 12-1-2020; Ord. 2021-1, 1-5-2021; Ord. 2021-59, 12-14-2021; Ord. 2022-34, 7-5-2022; Ord. 2023-7, 2-7-2023; Ord. 2023-16, 4-11-2023)
MANUFACTURED HOME: A transportable factory built housing unit constructed on or after June 15, 1976, according to the Federal Home Construction and Safety Standards Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or when erected on site, is four hundred (400) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems.
MANUFACTURED HOME PARK: A parcel of land, either held and operated in single ownership or developed as a condominium subdivision, which has been planned and improved for the placement of manufactured homes for residential use as a single- family dwelling without a permanent foundation. A manufactured home park may include as an accessory use an area designated as a recreational coach park. Accessory buildings or structures for park management or park resident use not exceeding two (2) stories or twenty four feet (24') in height shall be permitted as part of such park. A mobile home park approved prior to May 27, 1997, shall be considered to be a manufactured home park.
MANUFACTURED HOME SPACE: A plot of ground within a manufactured home park designed for the accommodation of one manufactured home, including accessory structures and yard spaces. A manufactured home space shall not be considered to be a lot or other subdivided parcel for purposes of separate ownership; provided, that if the park is approved as a condominium subdivision in accordance with the requirements of title 14 of this Code, a space may be considered to be a unit under the Utah Condominium Ownership Act.
MANUFACTURED HOME STAND: That part of an individual manufactured home space which has been reserved for the placement of the manufactured home.
MEDICAL CANNABIS PHARMACY: A person that:
A. 1. Acquires or intends to acquire:
a. Cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form from a cannabis processing facility; or
b. A medical cannabis device; or
2. Possesses cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device; and
B. Sells or intends to sell cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device to a medical cannabis cardholder.
MOBILE FOOD TRAILER: A business that serves only food, which may include nonalcoholic beverages, from an enclosed self-contained trailer. The term "mobile food trailer" does not include a sidewalk vendor cart, a mobile food truck or mobile ice cream vendor.
MOBILE FOOD TRUCK: A business that serves only food, which may include nonalcoholic beverages, from an enclosed self-contained motorized vehicle. The term "mobile food truck" does not include a sidewalk vendor cart, mobile food trailer or mobile ice cream vendor.
MOBILE HOME: A transportable factory built housing unit built prior to June 15, 1976, in accordance with a State Mobile Home Code which existed prior to the Federal Manufactured Housing and Safety Standards Act (HUD Code).
MOBILE HOME PARK: A parcel of land, approved prior to May 27, 1997, which was planned and improved for the placement of mobile homes for residential use.
MOBILE ICE CREAM VENDOR: A business that serves only ice cream or frozen novelties from which a vendor makes sales by traveling through a residential area and signaling the vendor's presence in the area, including by playing music, and that primarily makes sales by stopping at the signal of a patron.
MOTEL: Any building or group of buildings providing, for a fee, sleeping accommodations and customary lodging service for the traveling or business public who have primary residence at another location. Such building is designed with independent exterior access to the room from the parking area. It is not intended to be a residence or residential facility.
MULCH: The use of nonliving natural materials such as shredded bark, wood chips, rock or gravel loosely applied but covers the ground in adequate depths to help soil to retain moisture to the root zones of plants and helps to control weed growth.
MURAL: A hand-produced work of visual art that is tiled or painted by hand directly upon or affixed directly to an exterior wall of a building, excluding any sign.
(Ord. 2017-38, 8-22-2017; amd. Ord. 2019-46, 10-22-2019; Ord. 2022-34, 7-5-2022; Ord. 2023-16, 4-11-2023)
NATURAL WATERWAYS: Those areas, varying in width, along streams, creeks, gullies, springs or washes, which are natural drainage channels as determined by the chief building official and in which areas no buildings shall be constructed.
NONCONFORMING BUILDING, NONCOMPLYING STRUCTURE: A structure that legally existed before its current land use designation, and because of one or more subsequent changes to the zoning ordinance, or other land use ordinance, does not conform to the setback, height restrictions, or other regulations now governing the use of land.
NONCONFORMING USE: A use of land that legally existed before its current land use designation, has been maintained continuously since the time the land use ordinance governing the land changed, and because of one or more subsequent changes to the zoning ordinance, or other land use ordinance, does not conform to the regulations that now govern the use of the land.
NURSERY FOR CHILDREN: A building or structure where six (6) or more children are regularly cared for during the day for compensation.
NURSING HOME: An intermediate care/nursing facility or a skilled nursing facility, licensed by the State of Utah, for the care of individuals who, due to illness, advanced age, disability, or impairment, require assistance and/or supervision on a twenty four (24) hour per day basis. Such facility does not include an adult daycare facility or adult daycare provided in conjunction with a residential facility for elderly persons or a residential facility for persons with a disability.
(Ord. 2011-2, 1-4-2011)
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. |
(Ord. 2011-2, 1-4-2011; amd. Ord. 2020-62, 12-15-2020)
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