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A. No occupied manufactured home, not on permanent foundation, shall be located anywhere within the city except in a licensed manufactured home park. Emergency or temporary parking of any unoccupied manufactured home outside a licensed manufactured home park will be permitted for a period not exceeding twenty four (24) hours. This subsection does not apply to manufactured home sales areas.
B. Recreational coaches which do not include the facilities necessary to be a "manufactured home" as defined in chapter 2 of this title shall not be used at any place in the city, at any time, for living quarters except in designated recreational coach parks.
C. No occupied mobile home shall be located anywhere within the city unless such mobile home was legally located in a manufactured home park prior to May 27, 1997. In the event a mobile home, legally located in a manufactured home park prior to May 27, 1997, is moved, only a manufactured home may be placed thereafter on such space. Emergency or temporary parking of any unoccupied mobile home will be permitted for a period not exceeding twenty four (24) hours.
(Ord. 97-36, 5-27-1997)
A. Purpose: The purpose of this section is to comply with section 10-9-605 of the Utah code.
B. Requirements: A "residential facility for elderly persons" shall comply with the following requirements:
1. The facility shall meet all applicable building, safety, zoning, and health ordinances applicable to similar dwellings.
2. Minimum site development standards shall be the same as those for a single-family dwelling or dwelling unit in the zone in which the facility is located.
3. The facility shall be capable of use as such facility without structural or landscaping alterations that would change the structure's residential character.
4. The use granted and permitted by this subsection is nontransferable and terminates if the structure is devoted to a use other than as a residential facility for the elderly, or if the structure fails to comply with the applicable health, safety, and building codes.
5. No residential facility for elderly persons, which facility has more than five (5) elderly persons in residence, 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 the elderly with more than five (5) elderly persons in residence;
b. A residential facility for persons with a disability licensed for more than five (5) disabled persons;
c. Any of the following facilities: protective housing facility; transitional housing facility; assisted living facility or rehabilitation/treatment facility.
(Ord. 2000-2, 1-4-2000)
A. Any newly constructed facility in a residential zone shall comply with the following design standards:
1. All setbacks shall be according to the other main building category of the respective residential zone.
2. All required or accessory parking areas for the use shall be located either in the rear yard area of the lot, behind the main building or in a garage.
3. Notwithstanding the maximum height restriction of the individual residential zone, a new building or addition shall not exceed one hundred ten percent (110%) of the average height of the closest dwellings on both sides of the proposed structure.
4. In order for new construction to reflect the design and character of the existing neighborhood:
a. The roof design of the proposed structure or remodeled roof shall be a pitched roof of the same slope as the most common roof slope of the homes on the same side of the block on which the building is proposed.
b. The exterior materials of the walls shall have the same proportion of usage on all four (4) sides of the building (e.g., if brick is used on the front of the building it is also used on the other 3 sides).
c. The type of exterior materials shall be of traditional home finish materials of brick, siding or stucco. The use of these materials shall be applied in such a manner as to blend in with the neighborhood where the building is located and not draw undue attention to the building because of the materials, their color and combination being uncharacteristic of the other buildings in the neighborhood.
d. The structure shall be designed with a front porch and at least one of the following design features in the architecture of the building:
(1) Bay windows;
(2) Cantilevered floor;
(3) Dormers;
(4) Full length covered front veranda.
B. Any existing residential dwelling which has exterior modifications proposed and is not normal maintenance of the building shall comply with the above standards as much as physically possible based on the scope of work proposed.
C. In all zones where allowed no protective housing facility, transitional housing facility, rehabilitation/treatment facility or assisted living facility shall be established or maintained within one thousand feet (1,000'), measured in a straight line between the closest property lines of the lots or parcels of any of the following similar facilities:
1. A protective housing facility;
2. A transitional housing facility or a rehabilitation/treatment facility;
3. A residential facility for persons with a disability licensed for the housing of more than five (5) disabled persons;
4. A residential facility for the elderly with more than five (5) elderly persons in residence;
5. An assisted living facility; or
6. Boarding or lodging house.
D. In all residential zones where allowed the number of people lodged in a transitional housing facility or a rehabilitation/treatment facility shall be limited to a maximum of fifteen (15) individuals excluding support staff.
E. In all residential zones where allowed the number of people lodged in a protective housing facility shall be limited to a maximum of fifteen (15) individuals, excluding support staff, as a permitted use and from sixteen (16) up to a maximum of thirty (30) individuals, excluding support staff, as a conditional use.
(Ord. 2000-2, 1-4-2000; amd. Ord. 2002-58, 10-15-2002; Ord. 2005-47, 7-26-2005)
A. Conversion Of Residential Buildings To Other Than Original Designed Residential Use:
1. An existing residential building shall not be converted to add any more dwelling units than it was originally built with when it was constructed.
2. Any increase in the number of dwelling units requires the removal of the existing structure, except that homes listed on the local historic register or eligible buildings in the Central Bench national historic district shall not be removed in order to accommodate additional dwelling units but may only be converted to multiple units on approval of the planning commission following the procedures of subsection 15-6-3I of this title.
3. Replacement of a structure by new construction for use as a duplex or multi-dwelling unit is allowed only if the additional units are permitted according to the regulations of this title.
4. This section does not limit the construction of an accessory dwelling unit if authorized, approved and constructed pursuant to chapter 32 of this title.
B. Multiple-Family Developments In Residential Zones: New construction shall meet the following site plan and design requirements in addition to the requirements for lot area, yard setbacks, height, and lot coverage of the specific zone the development is located in:
1. Building types - Multiple-family dwelling buildings can be designed as:
a. A single-family rowhouse, commonly referred to as a townhome;
b. A great house designed to resemble a single-family home, but the interior arrangement has three (3) to eight (8) units;
c. A small apartment building with up to eight (8) units, no more than two (2) stories in height, and designed to have units placed above and below each other and on both sides of a common access entrance;
d. A courtyard apartment building which is a one (1) to two (2) story building, but unlike a townhome is "U" shaped around a central courtyard. The courtyard width shall be a minimum of twenty-five feet (25');
e. An apartment building taller than two (2) stories with units placed above and below each other with one (1) or two (2) shared sidewalls. Individual units are accessed by a common interior corridor.
2. Building exterior materials:
a. The exterior solid wall building materials are limited to brick, stone, wood, stucco, and fibrous cement siding that has a texture of wood, stucco or other material. Use of exterior materials with different textures, such as fibrous cement siding that resembles siding or stucco, will be considered two (2) separate materials. Precast sills, lintels, quoins and other similar architectural detail enhancements are permitted and not considered a main or secondary material.
b. A multiple-family dwelling designed as a great house, small apartments, or courtyard apartment building is limited to one (1) approved exterior material as the main building material and one (1) other allowed material as an accent for gable ends or wall projections.
c. Single-family rowhouses may use the option of one (1) main material and one (1) accent material for each dwelling unit module to differentiate each dwelling in the building, if desired.
d. An apartment building may use up to two (2) approved exterior building materials for the main building. Stucco can only be used above the ground floor level of the building. Use of a second exterior material can only occur when there are changes in the wall planes of two (2) or more feet.
3. Building windows:
a. Glass cannot be more than twenty percent (20%) reflective on any exterior window.
b. Exterior windows on a multi-story apartment building shall be positioned in line vertically with those windows situate on the ground floor, and in line horizontally with those windows located on the same level of said multi-story building. There shall be a minimum of ten percent (10%) glass surface for each floor level of the building.
4. Building orientation: The front façade of each multiple-family building type shall face the public street with the exception of a courtyard apartment building. A courtyard apartment building shall have the open end of the courtyard facing a public street, with the front of each apartment unit facing the courtyard.
a. The ground level main front entrance into the building shall be incorporated in the façade. The longest length of the building shall be parallel to the public street, except a courtyard apartment or apartment building, which may have a maximum depth of twice the width facing a street.
b. The elements of a front façade shall include a visible and parallel main pedestrian entrance into each individual unit from the public street for a single-family rowhouse.
c. A great house shall have the main pedestrian entrance to the building visible and parallel to the public street. Secondary access to other units from the side or rear of the building are permitted.
d. A courtyard apartment shall have the main pedestrian entrance to each dwelling unit facing the courtyard.
e. An apartment building shall have a main pedestrian entrance into the building that is visible and parallel to the main street that provides access to all interior units by means of interior corridors. Secondary access is also allowed which is not fronting a street.
5. Building main entrance requirements:
a. The entryway for each unit of a single-family rowhouse and courtyard apartment shall have a covered porch as part of the entry door design. The roof covering the porch shall be an extension of the roof covering the structure or use building materials of the development to create a minimum projection to provide cover over the front entrance a minimum of four feet (4') and a maximum of eight feet (8').
b. A great house, small apartment and apartment building may have an enclosed front common pedestrian entrance that leads to a common lobby and access corridors that provides interior access to the individual units or a combination of an enclosed common front pedestrian entrance and individual unit front access entrances. The common pedestrian entrance may be even with, recessed, or extended out from the front building wall. There shall be a protective roof covering projecting a minimum of four feet (4') from the wall plane above the entrance. The main pedestrian entrance shall be a minimum ten feet (10') wide and defined by an architectural feature that identifies the entryway as the main building entrance. Such options as sidelights, detailed architectural features, and approved material changes shall be used on ground floor pedestrian entrances.
6. Parking location:
a. Single-family rowhouses shall provide the required parking only to the rear of the building in either an attached garage, detached garage, or parking lot.
b. Parking for a great house, small apartment, courtyard apartment, and apartment building shall be limited the rear or side of the structure not facing a street. The area between the front of the building and the front property line shall be open green space except for sidewalks leading to front doors and driveways leading to approved parking.
7. Amenity requirements for apartment buildings: Multiple-family apartment buildings consisting of more than sixteen (16) units shall provide a combination of exterior open green space and amenity area, and an interior amenity area.
a. The required amount of interior amenity space is:
(1) A minimum of four hundred (400) square feet of interior amenity space; and
(2) An additional ten (10) square feet of interior space for every unit over forty (40) units.
b. Amenity areas are a combination of designed fixtures and functions in the open green space area and any required interior amenity space with uses described in this subsection. When interior amenity space is utilized, the combination of interior amenity space and exterior open green space and amenity space shall meet the percent of open green space required by the zone.
c. Open green space area requirements shall include at least three (3) of the following amenity features in the open green space:
(1) Playground with a three hundred (300) square foot minimum area;
(2) Gas fire pit with seating area with a minimum fifteen foot (15') radius paved area;
(3) Two (2) or more tables with chairs;
(4) Permanent game area with equipment such as shuffleboard, or chess/checkers tables;
(5) Community garden and shed area of at least thirty (30) square feet per twenty (20) units;
(6) Outdoor grill at one grill per forty (40) units or portion thereof;
(7) Fenced dog park with a two hundred (200) square foot minimum area;
(8) Recreational field or court; or
(9) Outdoor swimming pool.
d. Interior amenity space requirements may be made up of one (1) or more of the following designated spaces, provided the square footage meets the minimum requirements:
(1) Fitness center;
(2) Spa;
(3) Hot tub;
(4) Cooking and dining facilities for group gatherings;
(5) Library/study;
(6) Clubhouse;
(7) Lounge; or
(8) Game room.
(Ord. 2000-71, 1-16-2001, eff. 1-18-2001; amd. Ord. 2008-57, 10-28-2008; Ord. 2022-55, 11-15-2022; Ord. 2023-45, 7-18-2023)
Any two-family dwelling or duplex that was in legal existence prior to January 16, 2001, shall be considered legal conforming. Legal conforming status shall authorize alterations, extensions, additions, or replacement of the two-family dwelling or duplex, without having to comply with the requirements of chapter 6 of this title. When replacing a legal conforming two-family dwelling or duplex with a new two-family dwelling or duplex:
A. There shall not be a square footage limitation on the replacement dwelling;
B. The replacement structure shall not project into a required yard area beyond any encroachment established by the structure being replaced; and
C. The number of new parking stalls provided shall be equal to or more than the number of parking stalls being replaced, provided that all parking stalls, and accesses to such stalls, shall be paved with an asphalt or concrete surface.
(Ord. 2000-73, 1-16-2001, eff. 1-18-2001)
A. Definitions: The following terms when used in this section shall have the following meanings:
DAMAGED BUILDING: A building that has been damaged and destroyed by fire, flood, wind, earthquake, or other "disaster" as defined in title 12, chapter 15 of this code.
SITE DEVELOPMENT STANDARD: Any regulation under this title that imposes:
1. Yard, setback, height or other dimensional requirements, regarding the placement of buildings, structures or other site improvements;
2. Building design or architectural requirements; or
3. Parking regulations or requirements.
B. Permit Granted: A temporary special permit may be granted allowing the temporary waiver of a site development standard, or the installation of a temporary building or structure not otherwise allowed as a permitted or conditional use, only as follows:
1. The person requesting the permit:
a. Was the occupant of a damaged building and its reconstruction or rehabilitation is being diligently pursued by the owner;
b. Plans to return to the damaged building after its reconstruction or rehabilitation; and
c. Is in need of temporary facilities until such reconstruction or rehabilitation is completed.
2. A temporary special permit shall only be granted if the applicant demonstrates, and it is determined by the approving authority, that:
a. Either:
(1) The duration of the temporary relocation does not justify the outlay of expenses necessary to bring the property into compliance with the applicable site development standard or use restriction, or
(2) The improvement required by the site development standard or use restriction is inconsistent with the subsequent use of the property;
b. If the temporary special permit does not relate to the site of the damaged building, the person requesting the permit has made a reasonable attempt to find temporary facilities, which comply with the requirements of this title;
c. The duration of the temporary special permit is no longer than reasonably necessary for the diligent reconstruction or rehabilitation of the damaged building; and
d. The temporary waiver will not negatively impact surrounding properties, cause public inconvenience, threaten the safety of the public, cause damage to adjacent public infrastructure or property, or substantially affect the implementation of the general plan.
3. An exception involving a design standard may be approved by the director, or the director's designee; provided, however, that any person denied such waiver may appeal to the Ogden City planning commission for a final administrative determination. The approving authority may impose conditions determined to be necessary to bring the requested waiver into compliance with the intent of this section.
4. The time period for the temporary special permit shall not exceed the period of time necessary for the diligent rehabilitation or reconstruction of the damaged building; provided, that in no event may the temporary special permit, nor any extension thereof, be approved for a period in excess of three (3) years.
5. It shall be the obligation of the person requesting the permit to provide all information determined by the approving authority to be necessary for the determinations required above.
6. Within sixty (60) days after the expiration date of the permit, the permittee or its successors or assigns shall either return the temporary site back to its original condition, or otherwise bring the site into compliance with the provisions of this title.
7. An agreement shall be entered into between the permittee and the city at the time of issuance of the permit, which defines the site restoration requirements, including restoration of landscaping, whether upon public or private property, and removal of any temporary structures, and provides notice to successors and assigns.
C. Intention: It is not the intention of this section to restrict the power of the mayor to grant temporary exceptions for emergency situations under section 15-1-13 of this title.
(Ord. 2001-64, 12-18-2001)
Any bachelor or bachelorette dwelling that was in legal existence prior to October 1, 1998, shall be considered a legal conforming use for certain purposes. Legal conforming use status shall authorize alterations, extensions, additions, or replacement of the dwelling, without having to comply with the requirements of chapter 6 of this title, except to the extent that the building or site does not comply with existing minimum yard setbacks, height restrictions, parking requirements, or landscaping requirements. If located in a multiple-family zone, the site development standards shall be the same as the requirements imposed on a multiple-family dwelling in the same zone. If located in single-family or two-family zone, the site development standards shall be those applicable to multiple-family dwellings in the R-3 zone.
(Ord. 2004-50, 7-27-2004)
A. Any dwelling unit having more than three (3) but no more than five (5) unrelated individuals residing on the premises as of July 27, 2004, shall not be required to comply with the definition of "family" as it applies to the allowed number of unrelated individuals until January 27, 2006, unless granted an extension under subsection B of this section. Notwithstanding the above, individuals residing in a dwelling unit as four (4) or five (5) unrelated individuals on July 27, 2004, shall be allowed to continue residency so long as no other individual is residing in the dwelling unit who was not residing therein on such date.
B. Extension:
1. Conditions: The director shall grant an owner of property affected by subsection A of this section an extension of the time for complying with the requirements of such subsection if:
a. The owner:
(1) By September 20, 2006, files a notice of intent to apply for a time extension as provided in this subsection B, and
(2) By June 20, 2007, files a complete application for an extension of time as provided in this subsection B; and
b. The owner's application for an extension of time demonstrates by a preponderance of evidence that:
(1) The nonconforming use which is the subject of the application was legally established as of July 27, 2004, and
(2) The owner is unable to recover prior to January 27, 2006, the amount of the owner's investment in the property, using the formula provided in subsection B2 of this section.
2. Formula:
a. The time period during which an owner may recover the amount of the owner's investment in property affected by subsection A of this section shall be determined by dividing the residual value of the property by the average monthly net rental income from the property. The resulting figure is the number of months which the owner shall have to recover his investment in the property. For the purposes of this subsection, the following definitions shall apply:
ADJUSTED PRESENT VALUE: A property's original purchase price plus any capital improvements and less depreciation and net income from the property, all as adjusted for inflation to July 27, 2004.
AMOUNT OF THE OWNER'S INVESTMENT: The adjusted present value of a property as of July 27, 2004.
COMPLIANCE VALUE: The appraised value of the property on July 27, 2004, based on compliance with the requirements of this section.
RESIDUAL VALUE: The difference between a property's adjusted present value and its compliance value as of July 27, 2004.
b. The time period determined under subsection B2a of this section shall apply to the property for which the owner made an application for extension and to the owner's successors, if any, until such time period has run.
3. Regulations: The director may adopt reasonable regulations to carry out the purpose of this subsection B.
4. Stay Of Enforcement Action: Timely filing of a notice of intent as provided herein shall stay any enforcement action pending the filing of a complete application as provided herein. Timely filing of the complete application for extension of time shall stay any enforcement action pending the director's final decision on the application.
C. The burden of establishing a right to maintain more than three (3) but no more than five (5) unrelated individuals under this section shall be on the owner, occupant or other possessor of the dwelling unit.
(Ord. 2004-50, 7-27-2004; Ord. 2006-26, 6-20-2006)
Notes
| 1 | 1. See definition of "family" in section 15-2-7 of this title. |
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