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)

15-13-35: REGULATIONS GOVERNING RETAIL TOBACCO SPECIALTY BUSINESS:

   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)

15-13-36: REGULATIONS GOVERNING FRONT ENTRY PORCHES IN RESIDENTIAL ZONES:

Single-family dwellings in a residential zone may have a front porch that extends into the front yard setback, if:

   A.   The porch has an entrance facing the street;

   B.   The porch and porch roof are designed to follow the architectural lines and building materials of the home;

   C.   The deck, roof and columns or posts do not extend into the required front yard setback more than eight feet (8') and the eave overhang does not extend into the required front yard setback more than ten feet (10');

   D.   The porch has a minimum roof projection over the front door of four feet (4');

   E.   The porch extends at least five feet (5') in width along the front face of the dwelling and may extend the full length of the front of the dwelling;

   F.   The porch remains open on three (3) sides (except for see through insect screens) and does not have glass or walls taller than forty inches (40") around the sides that are open;

   G.   The portion of the porch within the setback does not include space for any other use, such as living or storage space; and

   H.   The distance from the front property line to the porch structure is not less than twelve feet (12').

(Ord. 2014-17, 4-22-2014)

15-13-37: MOBILE FOOD TRUCKS AND MOBILE FOOD TRAILERS:

   A.   Location:

      1.   When allowed in the use regulations applicable to a specific zoning category, mobile food trucks and mobile food trailers may be:

         a.   Located in a private parking lot with property owner approval for that location; or

         b.   Parked parallel to the curb in a public right-of-way.

      2.   Mobile food trailers, in addition to the other provisions of this section, shall comply with the following standards when operated within the public right-of-way:

         a.   They shall not be unhitched or left unconnected from the tow vehicle; and

         b.   When combined with the tow vehicle, shall not exceed the shorter of forty feet (40') in length or more than two parking stalls.

      3.   In residential zones, mobile food trucks and mobile food trailers are not allowed except when part of a special event on private property.

   B.   Parked In Private Parking Lot: When parked in a private parking lot, a mobile food truck or a mobile food trailer shall:

      1.   Have customer access to a permanent bathroom facility;

      2.   Be located on an improved portion of the lot; and

      3.   Be located on a lot where an occupied business is operating.

   C.   Parked In Public Right-Of-Way: When parked in the public right-of-way, a mobile food truck or mobile food trailer:

      1.   May only be parked for the applicable period of time allowed on the street where the food truck or food trailer is located;

      2.   Is limited to operating on any one linear block once per day;

      3.   Is limited to one mobile food truck or mobile food trailer per linear block;

      4.   May have a maximum two foot (2') canopy extension projecting toward the public sidewalk;

      5.   May only occupy legal parallel parking with the serving window facing the public sidewalk;

      6.   May not supply street furnishings other than a garbage can located next to the truck or trailer;

      7.   May not, except with the permission of the restaurant, operate in the right-of-way in front of that portion of a building housing a restaurant on the main floor; and

      8.   May not, except with the permission of the property owner, operate immediately adjacent to a lot or parcel whose primary use is for a church, synagogue or similar permanent building used for regular religious worship.

   D.   Conditions That Apply: Regardless of where a mobile food truck or mobile food trailer is operated or parked, the following conditions apply:

      1.   A truck or trailer shall not operate within one hundred feet (100') of a sidewalk vending cart.

      2.   All signs are limited to those that are permanent and physically attached to the truck or trailer.

      3.   The operator shall provide trash and recycling containers which shall be removed from site when the truck or trailer leaves site.

      4.   Trucks and trailers are to be maintained in a neat and professional manner.

      5.   Hours of operation are between seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. with no overnight parking except at commissary location.

      6.   Trucks are not allowed to idle.

      7.   Music is allowed provided it does not exceed the noise ordinance.

(Ord. 2017-38, 8-22-2017; amd. Ord. 2022-5, 2-1-2022)