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A. Required: No site work shall be commenced, no development improvements shall be made, or no building permits shall be issued until the owner or developer provides a sufficient financial guarantee to ensure completion of the following "required improvements":
1. Any landscaping improvements, whether upon public or private property, required under the provisions of this title, or under any condition imposed under authority of the provisions of this title; or
2. Any improvement to adjacent road surfaces, curbs, gutters or sidewalks required under the provisions of this title; or
3. Any improvement for storm drainage, sewer, or water infrastructure required under the provisions of this title, or under any condition imposed under authority of the provisions of this title; or
4. Common open space improvements, private streets or private utilities for which a financial guarantee is required under the subdivision title of this code.
B. Escrow Account, Agreement: A sufficient financial guarantee shall be provided by the establishment of a city escrow account, an escrow agreement, or an irrevocable letter of credit for one hundred percent (100%) of the estimated cost of the above required improvements, based on the actual cost estimate provided by the owner or developer. The financial guarantee shall provide that the required improvements be installed upon the completion of the development or the account funds may be called by the city to complete the improvements. Acceptable escrow agents shall include the city treasurer or a federally insured bank or savings institution, or other escrow agent approved by the city attorney. The issuer and agreement shall be subject to the approval of the city attorney.
C. Warranty:
1. All required improvements shall be warranted by the property owner for one year from the date of final inspection approval for all such improvements.
2. The city may, as a warranty, either retain ten percent (10%) of the guarantee amount or require an escrow equal to ten percent (10%) of the required improvement costs. The ten percent (10%) warranty cost may be based on the original estimate determined under subsection B of this section or the actual cost of the required improvements if the owner or developer provides the city with receipts or other evidence of actual cost deemed satisfactory by the city engineer.
D. Effect Of Noncompliance On Subsequent Applications: No building permits shall be issued nor development approvals given for any expansion, amendment or subsequent phase of a development, if the required improvements have not been installed in accordance with prior permits or approvals for the site. This prohibition may be waived, if the reviewing official or body determines the following:
1. The approval of the expansion, amendment, or subsequent phase would result in the removal of the previously required improvements; and
2. Any previously required improvements which are not affected by the proposed expansion, amendment or subsequent phase have been installed; and
3. Adequate security is provided for the previously uninstalled required improvements, as well as for any new required improvements imposed in regards to the expansion, amendment or subsequent phase.
E. Installation Of Improvements; Completion: Required improvements shall be installed and completed before occupancy or use of any building, structure or improvement approved in regards to the site plan, permit or other development. In the case of inclement weather that prevents the installation of the required improvements, the time of the improvements may be extended, in writing, upon approval of the applicable reviewing official or body, or designee. However, in no case shall the time for completion be extended beyond June 1 immediately following the completion date, and no additional phases of any development shall be permitted during such period of extension.
F. Release: The funds provided under the financial guarantee shall not be released until an authorized representative of the city has certified in writing that the required performance is completed and that the city releases its right to draw funds either in full or in part. Upon expiration of the warranty period, the city shall release the established security in whole or in part by providing the issuer a certificate, signed by an authorized representative of the city, that the city releases its right to draw funds or to the extent applicable. As portions of the required improvements are completed for large developments, the owner or developer may petition the city to reduce the amount of the original financial guarantee provided that a request occur not more frequently than every thirty (30) days. If the city determines that the portions of the required improvements that have been completed are in compliance with city ordinances, the approved site plan, and any conditions of approval, and that the amount to be released is sufficient to justify the administrative expense, the city may cause the amount to be partially released; provided, that a minimum of twenty percent (20%) is retained as follows:
1. Ten percent (10%) is retained until expiration of the warranty period; and
2. At least ten percent (10%) is retained to ensure completion of any remaining required improvements.
G. Failure To Complete Required Improvements: In those cases where the financial guarantee has been provided and the required improvements have not been installed as required, the city may, in its discretion:
1. Pursue any available criminal or civil remedies to require the responsible party to complete the required improvements;
2. Declare the development in default and obtain funds under the escrow agreement and complete, at the city's discretion, all or a portion of the required improvements either itself or through a third party;
3. Assign its right to receive funds under the security to any third party, including a subsequent owner of the development, in whole or in part, in exchange for the third party's or subsequent owner's promise to complete the improvements for the development; or
4. Exercise any other rights available under the law.
H. Administrative Procedures: The mayor may establish procedures consistent with this section relating to the administration of the financial guarantee, including, but not limited to, fund management, release, default and collection.
(Ord. 2013-35, 6-25-2013)
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. |
No owner or operator of a hotel or motel shall allow any individual or family without a primary residence at another location to stay for more than ninety (90) days in any twelve (12) month period.
(Ord. 2005-48, 7-26-2005; amd. Ord. 2023-7, 2-7-2023)
In all Residential Zones, unless a more restrictive standard has been adopted within this title, accessory buildings shall meet the following requirements:
A. Quantity Allowed: Each residential lot may have up to a total of three (3) accessory buildings with a combined floor area not to exceed the maximum lot coverage allowed in the zone. The following buildings, although included in the lot coverage calculation, are not counted in the number of allowed accessory buildings:
1. One attached or detached garage or carport; and
2. Buildings that are open on a minimum of three (3) sides, limited to patio covers, trellises, cabanas, gazebos, or arbors.
B. Design: The original design of the building must have been to function as a typical accessory residential structure, such as a storage shed or carport, and not for some other use. Reuse of a metal structure originally designed or used for other purposes, such as shipping or cargo containers, is not allowed unless fully contained within an accessory building located, designed and built in compliance with this section.
C. Exterior Materials And Finish: The exterior surface of the accessory building shall be constructed of materials intended for exterior finished walls and roofs.
1. Exterior wall finish materials for a building over four hundred (400) square feet are limited to:
a. Brick, stone, or synthetic stone;
b. Wood lap, tongue and groove siding, hardiplank, or other similar siding;
c. Vinyl siding, glass, stucco or stucco appearing material; or
d. Architectural metal or other metal finish materials when the building meets all of the following criteria:
(1) The building is an accessory building to the primary use of either a single family home or agricultural use;
(2) The building is a detached structure and there are no other detached accessory structures larger than four hundred (400) square feet;
(3) On a lot with a single-family dwelling, the primary color matches the primary color of the single-family dwelling or is a neutral gray, tan, or brown;
(4) The metal exterior finish is baked-on colored enamel, powder-coated, vinyl coating, or other factory pre-finished coloring. No galvanized or bare metal or wet-painted metal surfaces are permitted;
(5) Roof types are either gabled, shed or gambrel with a minimum pitch of 4:12 and a minimum six inch (6") eave overhang;
(6) A relief feature is included on at least one side of the building that breaks up the longer side, front, or roof elevation of the building (i.e., awning, building projection, etc.) and the roof of the relief feature is of the same materials as the roof materials of the building;
(7) Corrugated metal is not allowed unless it has a squared rib, not wavy rib appearance; and
(8) Windows are located on at least two (2) of the four (4) sides of the building.
2. Exterior wall finish materials for a building under four hundred (400) square feet, in addition to the materials described in subsection C1 of this section, may also be:
a. Metal siding that has a baked enamel paint or vinyl coating;
b. Architectural metal; or
c. Rigid vinyl walls.
3. Open structures on corner lots that are otherwise allowed within the side yard setback facing a street shall be constructed of:
a. New dimensional lumber which is properly treated or of a species suitable for outdoor use; or
b. Dimensional HDPE (high density polyethylene), vinyl, or composite lumber designed for such use (e.g., Trex).
4. Roofing shall be made of materials designed for such application, including: composition asphalt/fiberglass shingles, wood shakes, slate, tile, or similar appearing materials, standing seam metal roof systems and metal shingles. Galvanized metal surfaces, reflective surfaces, or reuse of materials that are not originally designed as an exterior wall or roof finish material are not permitted.
5. The Director may allow the use of materials other than those listed above only if they are compatible with the exterior materials and finishes of the main residential building. If agreement cannot be reached on compatibility, the proposed materials/finishes shall be subject to Planning Commission review and approval.
6. The provisions of this subsection C do not supersede or nullify building design or material requirements applicable to the specific zone in which the building is located.
D. Location And Size:
1. No detached accessory building, other than trellises, shall be allowed between the front of the main residential building and the street.
2. A garage or carport attached to the main residential building is allowed between the front of the main residential building and the street if the front yard setback requirement for the zone is maintained and the garage or carport is integrated into the design of the residential building, with the same exterior wall treatment, roof slope, and roofing material as the building to which it is attached.
3. Metal accessory buildings must be located in the rear yard and shall not exceed the maximum lot coverage allowed in the zone.
4. Nonmetal accessory buildings and accessory buildings finished with architectural metal may be located in an interior side yard or rear yard provided they meet the required setbacks of the zone.
5. On a corner lot, an attached or detached accessory building (with or without a roof) that is open on at least three (3) sides may extend into the side yard setback facing a street up to the minimum side yard setback for an interior lot in its respective zone. Such structures are limited to covered or uncovered decks, patios, gazebos, pergolas, and trellises. The finished floor elevation of these structures may not be higher than eighteen inches (18") above finish grade.
6. Parking/storage of boats, trailers, campers, equipment, materials, etc., is prohibited within the side yard setback facing a street.
7. The footprint of an accessory building on a one-half (1/2) acre or smaller residential lot may not exceed the lesser of eighty percent (80%) of the footprint of the main residential building or the maximum lot coverage allowed in the zone.
8. The footprint of an accessory building on a larger than one- half (1/2) acre residential lot may not exceed the footprint of the main residential building unless authorized by a conditional use permit. In addition:
a. The accessory building may not exceed the maximum lot coverage allowed in the zone; and
b. An accessory building with a footprint greater than eighty percent (80%) of the footprint of the main residential building shall be set back from the rear and side lot lines a distance equal to the minimum required setback for main buildings in the zone.
E. Roof: An accessory building over two hundred (200) square feet shall have a pitched roof with a minimum of six inch (6") overhanging eaves or match the existing form, slope, and materials of the roof of the main residential building. The eave requirement may be modified by the Planning Commission upon finding that an exception to the eave standard is compatible with the main building and does not adversely impact the surrounding neighborhood.
F. Doors: If the building is equipped with a door or doors, the door or doors may not take up more than eighty percent (80%) of the structure's front face.
G. Height: The building shall not exceed the maximum height allowed by section 15-13-5 of this chapter.
(Ord. 2011-47, 10-18-2011; amd. Ord. 2019-12, 3-26-2019; Ord. 2022-42, 10-11-2022)
A. Location: No short term loan business shall be located within one thousand feet (1,000') of another short term loan business or within six hundred sixty feet (660') of a pawnbroker or sexually oriented business.
B. Measurements: Distances shall be measured in a straight line, without regard to intervening structures or zoning districts, from the property line of each business to the closest property boundary of the short term loan business, pawnbroker or sexually oriented business.
C. Number Allowed: The total number of short term loan businesses allowed in the City shall be limited to no more than fifteen (15).
D. Zoning: Short term loan businesses shall only be allowed in areas zoned for their use pursuant to the zoning ordinance. When allowed within a zoning district, a short term loan business may only be located on the following streets: Harrison Boulevard, Washington Boulevard, Wall Avenue, 12th Street, and Riverdale Road.
E. Disclosure Signs: Each short term loan business shall post a sign with solid black lettering on a white background, in 50-point, nonitalicized, bold arial typeface designed to achieve a letter height of at least one-half inch (1/2"), in the English and Spanish languages, at every public entrance to the business bearing the following disclosure:
DISCLOSURE REQUIRED BY OGDEN CITY
THIS BUSINESS SPECIALIZES IN MAKING LOANS FOR SHORT-TERM NEEDS.
THESE LOANS SHOULD NOT BE USED AS A LONG-TERM FINANCIAL SOLUTION.
THIS BUSINESS SPECIALIZES IN MAKING LOANS FOR SHORT-TERM NEEDS.
THESE LOANS SHOULD NOT BE USED AS A LONG-TERM FINANCIAL SOLUTION.
DIVULGACIÓN REQUERIDA POR LA CIUDAD DE OGDEN
ESTE NEGOCIO SE ESPECIALIZA EN LA TOMA DE PRÉSTAMOS PARA LAS NECESIDADES A CORTO PLAZO.
STOS PRÉSTAMOS NO DEBEN UTILIZARSE COMO UNA SOLUCIÓN FINANCIERA A LARGO PLAZO.
ESTE NEGOCIO SE ESPECIALIZA EN LA TOMA DE PRÉSTAMOS PARA LAS NECESIDADES A CORTO PLAZO.
STOS PRÉSTAMOS NO DEBEN UTILIZARSE COMO UNA SOLUCIÓN FINANCIERA A LARGO PLAZO.
The disclosure signs required by this section may be provided by the city, shall face the entrance to the business, and shall be placed either on the interior surface of the door so that the top edge of the sign is between forty eight inches (48") and seventy two inches (72") from the entrance threshold (measured vertically) or shall be located directly behind the entry door without any intervening obstruction, between forty eight inches (48") and seventy two inches (72") from the floor (measured vertically), as near to the entry door as is allowed by the current building code adopted by Ogden City. Existing short term loan businesses shall post the disclosure signs no later than July 1, 2010.
F. Additional Disclosures: If not otherwise required by state or federal law, a short term loan business shall:
1. Post in a conspicuous location on its premises that can be viewed by a person seeking a short term loan a complete schedule of any interest or fees charged using dollar amounts;
2. Enter into a written contract for the short term loan;
3. Provide the person seeking the short term loan a copy of the written contract described in subsection F2 of this section; and
4. Orally review with the person seeking the short term loan the terms of the short term loan including:
a. The amount of any interest rate or fee;
b. The date on which the full amount of a short term loan is due;
5. Comply with the following as in effect on the date the short term loan is extended:
a. Truth in lending act, 15 USC section 1601 et seq., and its implementing federal regulations;
b. Equal credit opportunity act, 15 USC section 1691, and its implementing federal regulations;
c. Bank secrecy act, 12 USC sections 1829b, 1951 through 1959, and 31 USC sections 5311 through 5332, and its implementing regulations; and
d. Title 70C, Utah consumer credit code.
(Ord. 2013-6, 1-22-2013)
A. A retail tobacco specialty business beginning operation after May 8, 2012, is required to have a minimum separation from each of the following uses:
1. One thousand feet (1,000') from:
a. A public or private kindergarten, elementary, middle, junior high or high school;
b. A licensed childcare facility or preschool;
c. A trade or technical school;
d. A church;
e. A public library;
f. A public playground;
g. A public park;
h. A youth center or other space used primarily for youth oriented activities;
i. A public recreation facility;
j. A public arcade; and
2. Six hundred feet (600') from:
a. Another retail tobacco specialty business;
b. An agriculture zone or use;
c. A residential zone or use.
B. The distance separation shall be measured in a straight line from the nearest entrance of the retail tobacco specialty business to the nearest property line of the other uses without regard to intervening structures or zoning districts.
C. Retail tobacco businesses established prior to May 9, 2012, that do not meet the minimum separation requirements are nonconforming uses and are subject to the nonconforming use provisions with the exception of abandonment of use. A nonconforming retail tobacco specialty business use is deemed abandoned if it is suspended or discontinued for more than sixty (60) consecutive days or the business license expires without renewal or is permanently revoked.
(Ord. 2013-50, 12-3-2013)
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