15-13-9: PRIVATE PARK, PLAYGROUND OR RECREATION AREA:

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

   A.   Ownership: The lands and facilities used for such purpose shall be owned or leased and operated by a nonprofit corporation for the exclusive benefit of the members, their immediate families and nonpaying guests.

   B.   Facilities: Adequate restrooms and sanitary facilities shall be provided and kept available for use by members, their families and guests, and shall be maintained in proper working order and in a clean and sanitary condition and in full compliance with the reasonable standards, rules and regulations established by the county health department.

   C.   Parking: Twenty five (25) off street parking spaces, or one off street parking space for each four (4) memberships in the operating corporation, whichever is greater, shall be provided on the lot devoted to the principal use.

   D.   Time Limitations: Operation or use of the recreational or other facilities provided is forbidden between the hours of eleven o'clock (11:00) P.M. to six o'clock (6:00) A.M. next following.

   E.   Setback Requirements: All facilities, equipment and buildings shall be set back not less than twenty feet (20') from any property line and shall be located not less than fifty feet (50') from any main building on an adjoining lot and from any area upon which any such main building may be constructed upon said adjoining lot if no such main building is in existence.

   F.   Minimum Lot Size: The minimum size of the lot or suite used for such recreational or other purposes shall be one acre.

   G.   Lighting: Any lights used to illuminate the premises shall be installed in such a manner that the source of light shall be suitably screened to avoid annoying illumination of lands outside said premises.

(Ord. 72-13, 7-6-1972; amd. Ord. 90-52, 10-25-1990)

15-13-10: PUBLIC UTILITY SUBSTATION:

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

   A.   Lot Area: Each public utility substation in a residential zone shall be located on a lot not less than two thousand (2,000) square feet in area.

   B.   Yards: Each public utility substation in a residential zone shall be provided with a yard on each of the four (4) sides of the building not less than five feet (5') in width, except that for such stations located on lots fronting on a street abutted by one or more residential lots, the front yard, side yards and rear yard shall equal those required for a single-family residence in the same zone.

   C.   Street Access: Each public utility substation in a residential zone shall be located on a lot which has adequate access from a street, alley or easement.

   D.   Location To Be Approved: The location of public utility substation in a residential zone shall be subject to approval by the planning commission.

(Ord. 72-13, 7-6-1972; amd. Ord. 90-52, 10-25-1990)

15-13-11: SWIMMING POOL; FAMILY:

A family swimming pool shall be permitted in the side and rear yard of a dwelling as an accessory use, provided the following requirements are met:

   A.   Location: The location of such family swimming pool or accessory machinery shall not be less than ten feet (10') from any interior property line. On corner lots, the distance from said pool to the property line facing on a street shall not be less than the required side yard for an accessory building in that zone.

   B.   Fence: An outside family swimming pool shall be completely enclosed by a substantial fence of not less than six feet (6') in height and any lights used to illuminate said pool or its accessories shall be so arranged as to reflect the light away from adjoining premises. A "substantial fence" shall mean any fence that would not allow passage by any person.

(Ord. 72-13, 7-6-1972; amd. Ord. 88-37, 9-8-1988; Ord. 90-52, 10-25-1990)

15-13-12: DAYCARE CENTER AND LICENSED CHILD CARE REGULATIONS:

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

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

      2.   Fence: All outdoor play areas shall be within fenced area and shall be limited to use between the hours of eight o'clock (8:00) A.M. to eight o'clock (8:00) P.M. Fence height shall be in accordance with section 15-13-7 of this chapter.

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

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

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

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

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

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

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

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

15-13-13: SEXUALLY ORIENTED BUSINESSES:

   A.   Purpose: It is the purpose and object of this section that the city establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses or their location in areas deleterious to the community of Ogden, to protect adjoining uses, to provide visibility of parking areas in order to promote management supervision and oversight by law enforcement agencies, and to regulate the signage of such businesses and to control the adverse effects of such signage and prevent inappropriate exposure to the community. This section is to be construed as a regulation of time, place and manner of the operation of these businesses, consistent with the limitations provided by provisions of the United States and Utah constitutions. Except where the context or specific provisions require, this section does not supersede or nullify any other related zoning ordinances. This section, together with the other provisions of this title referencing or duplicating the regulations imposed herein, shall be known and referred to as the SEXUALLY ORIENTED BUSINESS ZONING ORDINANCES.

   B.   Definitions: For the purpose of this section, the following terms shall have meanings defined in this subsection:

   EDUCATIONAL INSTITUTION: A public elementary or secondary school, seminary, parochial school or private education institution having a curriculum similar to that ordinarily given in grades one through twelve (12) in a public school system. The term educational institution for the purpose of this section does not include post-high school educational facilities.

   HISTORIC BUILDING: A structure which is listed on the Ogden City register of historic resources or the National Register of Historic Places.

   HISTORIC DISTRICT: An area containing a significant number of historic buildings which has been designated and listed as a historic district on the Ogden City register of historic resources or the National Register of Historic Places.

   PUBLIC PARK: A park, playground, swimming pool, nature reserve, fairground, golf course or athletic field within the city which is owned, operated or maintained by the city or the county.

   RELIGIOUS INSTITUTION: A building which is used primarily for religious worship and related religious activities.

   SEXUALLY ORIENTED BUSINESSES: An inclusive term used to describe collectively those businesses for which a sexually oriented business license is required, pursuant to the sexually oriented business license chapter, set out in title 5, chapter 15 of this code, which types of businesses include for purposes of this section: outcall services, adult entertainment dancing agencies, adult businesses (an inclusive term including adult motion picture theaters, adult bookstores and adult video stores), and adult live entertainment businesses. This collective term does not describe a specific land use and shall not be considered a single use category for purposes of this title.

   C.   Businesses Permitted Where; Separation Requirements:

      1.   Outcall services and adult entertainment dancing agencies as such terms are defined in title 5, chapter 15 of this code, shall be permitted uses in areas zoned C-2, C-3, C-MU, and C-9.

      2.   Unless otherwise specifically allowed in the use regulations applicable to a specific zoning category, adult businesses and adult live entertainment businesses as such terms are defined in title 5, chapter 15 of this code, shall only be permitted in areas zoned C-3 under chapter 38 of this title, M-1 and M-2 under chapter 21 of this title, subject to the following additional restrictions:

         a.   No adult business or adult live entertainment business shall be located:

            (1)   Within a six hundred sixty foot (660') radius of any religious institution, educational institution, public park, public library, the Ogden entertainment subdivision, the Newgate Mall, the Ogden River Parkway trail or the Weber River Parkway trail;

            (2)   Within a one thousand foot (1,000') radius of any residential zoning district;

            (3)   Within six hundred sixty feet (660') of any historic building or district;

            (4)   Within a one thousand foot (1,000') radius of any other adult business or adult live entertainment business.

      3.   Distance requirements between structures and uses specified in this subsection shall be measured in a straight line, without regard to intervening structures or zoning districts, from the closest property boundary of the educational institution, park, religious institution, library, mall, subdivision, river parkway trail, zoning district, historic building, historic district, or other sexually oriented business.

      4.   An adult business or adult live entertainment business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of a sexually oriented business license, within six hundred sixty feet (660') of the adult business or adult live entertainment business, of a religious institution, educational institution, public park or public library, a religious institution, educational institution, public park or public library, a designated historic building or historic district, or the creation of a residential zoning district within one thousand feet (1,000'). This provision applies only to the renewal of a valid license and it does not apply when an application for license is submitted after a license has expired or has been revoked.

   D.   Additional Site Development Standards: Notwithstanding anything contrary contained in this title regarding minimum site development standards under chapter 4 of this title or minimum parking standards under chapter 12 of this title, the more restrictive site development or parking standard shall apply. The following additional site development or parking standards shall apply:

      1.   All parking spaces or parking lots for adult businesses or adult live entertainment businesses shall be:

         a.   Located on the same lot with the main building; and

         b.   At a location on the site visible from a public street.

      2.   Building entrances for customers or patrons shall face or be visible from a public street.

   E.   Restrictions On Signage Or Attention Drawing Devices: Notwithstanding anything contrary contained in title 18 of this code, the more restrictive standards for signs imposed herein shall prevail. Signs for sexually oriented businesses and other devices designed to draw attention to the business shall be limited as follows:

      1.   No more than one sign shall be allowed on any sexually oriented business premises.

      2.   No sign on the sexually oriented business premises shall be allowed to exceed eighteen (18) square feet.

      3.   No animation shall be permitted on or around any sexually oriented business sign, or on the exterior walls or roof of the premises.

      4.   No descriptive art or designs depicting any activity related to, or inferring, the nature of the business shall be allowed on any sexually oriented business sign, which shall contain alphanumeric copy only.

      5.   Only flat wall signs shall be permitted for any sexually oriented business.

      6.   No painted signs or painted wall advertising shall be allowed, including any signage or advertising painted on the inside of any window or other translucent material which is visible from the outside of the building.

      7.   The building and the premises of the sexually oriented business shall be kept free of any temporary signs or banners, as such terms are defined in title 18 of this code.

      8.   The premises of the sexually oriented business shall be kept free of vehicles or trailers displaying signage that identifies the name of the business, displays descriptive art or designs depicting any activity related to, or inferring, the nature of the sexually oriented business, or otherwise draws attention to the business or the business location; provided that signage on the driver door or front passenger door of a business vehicle shall not be prohibited.

      9.   No searchlights or other outdoor activities or promotional events that draw attention to the business or the business location shall be allowed on the premises.

      10.   Outdoor lighting shall be designed to direct all light toward the ground and all light poles shall be restricted to a height of twenty feet (20'). This provision is not intended to restrict the seasonal use of nonflashing, miniature lighting on trees or shrubs.

      11.   No outdoor music or use of a "sound amplification device", as defined in title 12, chapter 14 of this code, shall be used to draw attention to the business or business location.

   F.   Drinking Establishment: If a proposed drinking establishment is already licensed as an adult live entertainment business, or if approvals are being sought for both uses concurrently, it shall be presumed that any location in a zone allowing a drinking establishment and meeting the distance requirements for an adult live entertainment business, is an appropriate location for a drinking establishment and shall be considered a permitted use, notwithstanding any other provisions of this title classifying such use as a conditional use. Any drinking establishment so allowed as a permitted use shall also be subject to the following:

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

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

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

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

15-13-14: ZERO SIDE YARD PROVISIONS:

At the time of subdivision approval by the planning commission and mayor, one zero side yard may be permitted per lot in the subdivision under the following conditions:

   A.   When the remaining one side yard is equal to the combined total of the required two (2) side yards of the zone in which is located; and

   B.   No window or other similar opening shall be installed in the building or any accessory building along the side having a zero side yard; and

   C.   No zero side yard will be permitted on the lot side bordering on a nonresidential zone, or on the lot side bordering on a residential lot not utilizing zero side yard provisions; and

   D.   The use of the zero side yard provisions is contingent upon development of or commitment to development of a zero side yard on adjacent lots; and

   E.   The approved location of each dwelling and accessory buildings utilizing the zero side yard concept must be designated on each lot on the approved final subdivision linen; and

   F.   All building permits will be issued in strict accordance with the building site restrictions as shown on the approved subdivision linen. Any changes in the location of buildings from the locations shown on the approved linen must be approved by the planning commission and mayor and an amended final linen recorded with the county recorder showing the approved changes; and

   G.   In the case of existing subdivisions, the zero side yard concept may be utilized upon compliance with the above provisions and upon issuance of a conditional use permit approved by the planning commission.

(Ord. 78-56, 12-7-1978; amd. Ord. 90-52, 10-25-1990; Ord. 91-51, 12-19-1991)

15-13-15: RESIDENTIAL FACILITIES FOR PERSONS WITH A DISABILITY:

   A.   Applicability: If any facility, residence, or other circumstance meets the definition of a "residential facility for persons with a disability" as set forth in chapter 2 of this title, the requirements of this section shall govern the same notwithstanding any other provision of this title.

   B.   Purpose: The purposes of this section are:

      1.   To comply with section 10-9-605 of the Utah code; and

      2.   To avoid discrimination in housing against persons with disabilities as provided in the Utah fair housing act and the fair housing amendments act as interpreted by courts having jurisdiction in Utah.

   C.   Permitted Use; Requirements: A residential facility for persons with a disability shall be a permitted use in any zoning district where a dwelling is allowed. Each such facility shall conform to the following requirements:

      1.   The facility shall comply with all building, safety, and health regulations applicable to similar structures. As part of this requirement the following site development standards and parking standards shall be applicable:

         a.   Each facility shall be subject to minimum site development standards applicable to a single-family dwelling or other similar dwelling in the zone in which the facility is located; and

         b.   The minimum number of parking spaces required for a residential facility for persons with a disability shall be the same as those for a single-family dwelling located in the same zoning district in which the facility is located.

      2.   No facility shall be made available to an individual whose tenancy would:

         a.   Constitute a direct threat to the health or safety of other individuals, or

         b.   Result in substantial physical damage to the property of others. (It is not the intention of this subsection to establish any legal basis for tort liability on the part of the facility operator.)

      3.   Prior to the occupancy of any facility, the person or entity licensed or certified by the department of human services or the department of health to establish and operate the facility shall:

         a.   Provide a copy of such license or certification to the city, and

         b.   Certify in a sworn affidavit to the city that no person will reside or remain in the facility whose tenancy would likely:

            (1)   Constitute a direct threat to the health or safety of other individuals, or

            (2)   Result in substantial physical damage to the property of others.

      4.   The use permitted by this section is nontransferable and shall terminate if:

         a.   The facility is devoted to a use other than a residential facility for persons with a disability, or

         b.   The license or certification issued by the department of human services or the department of health terminates or is revoked, or

         c.   The facility fails to comply with the conditions enumerated in this section.

      5.   No residential facility for persons with a disability, licensed for the housing of more than five (5) disabled persons, shall be established or maintained within six hundred sixty feet (660') measured in a straight line between the closest property lines of the lots or parcels, of the following similar facilities:

         a.   Another residential facility for persons with a disability licensed for the housing of more than five (5) disabled persons;

         b.   A residential facility for the elderly with more than five (5) elderly persons in residence; or

         c.   Any of the following facilities: protective housing facility; transitional housing facility; assisted living facility or rehabilitation/treatment facility.

   D.   Reasonable Accommodation: None of the foregoing conditions shall be interpreted to limit any reasonable accommodation necessary to allow the establishment or occupancy of a residential facility for persons with a disability.

      1.   Any person or entity who wishes to request a reasonable accommodation shall make application therefor to the director and shall articulate in writing the basis for the requested accommodation.

      2.   Each application for a reasonable accommodation shall be decided within not more than thirty (30) days.

      3.   If a request for a reasonable accommodation is denied, such decision may be appealed to the board of zoning adjustment in the manner provided for appeals of administrative decisions applying this title.

(Ord. 81-46, 11-12-1981; amd. Ord. 82-16, 4-8-1982; Ord. 85-40, 10-17-1985; Ord. 87-44, 8-27-1987; Ord. 98-62, 10-27-1998; Ord. 2000-2, 1-4-2000; Ord. 2001-32, 6-5-2001)