15-13-28: LEGAL CONFORMING TWO-FAMILY DWELLINGS OR DUPLEXES:

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)

15-13-29: SPECIAL PERMIT FOR TEMPORARY FACILITIES AFTER A DISASTER:

   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)

15-13-30: LEGAL CONFORMING BACHELOR OR BACHELORETTE DWELLING:

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)

15-13-31: TRANSITION PROVISION FOR APPLICATION OF DEFINITION OF FAMILY 1 :

   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.

15-13-32: LENGTH OF STAY IN A MOTEL OR HOTEL IF NO PERMANENT RESIDENCE:

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)

15-13-33: STANDARDS FOR ACCESSORY BUILDINGS IN RESIDENTIAL ZONES:

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)

15-13-34: SHORT TERM LOAN BUSINESSES:

   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.

    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.

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)