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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)
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)
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)
A. Purpose: The purpose of short-term rentals in Ogden City is to provide a short term rental option in residential zones for visitors who have a primary residence at another location. Special regulation of short-term rentals is necessary to ensure that they will be compatible with surrounding residential and other uses and will not be detrimental to, or alter, the neighborhoods in which they are located.
B. Definitions: As used in this section, the following words shall have the meanings as defined in this subsection:
AGENT: | A person or entity who contracts with an owner to manage or otherwise assist in the leasing or occupancy of real property as a short-term rental, except that it does not include a person or entity who solely provides software or internet services to list or market the owner's property to potential renters. |
GUEST: | A person registered for short term (less than thirty (30) days) overnight occupancy of a short-term rental. |
OWNER: | A person or entity who claims an ownership interest in real property, including any part owner, joint owner or tenant in common of the whole or of a part of such land. |
OWNER- OCCUPIED SHORT-TERM RENTAL: | A dwelling that is a person's primary residence as shown on valid documentation presented to obtain a short-term rental license and for which title is in the person's name or in the name of a living trust of which the person is both the trustor and the beneficiary. |
SLEEPING ROOM: | A room within a short-term rental with at least seventy (70) square feet where guests may sleep and that has required egress windows. "Sleeping room" may include an area typically known as a living room or great room, but excludes kitchens, bathrooms, and closets. |
C. Location:
1. Where permitted: Short-term rentals are permitted where designated by the applicable zoning district. In R-1 zones, short-term rentals are limited to owner-occupied short-term rentals.
2. Spacing of Non-owner-occupied Short-term Rentals: A non-owner-occupied short-term rental may not be located on the same linear block as another non-owner-occupied short-term rental, residential facility for persons with a disability or residential facility for elderly persons. A non-owner-occupied short-term rental license may be renewed if a residential facility for persons with a disability or residential facility for elderly persons is established on the same linear block after the original short-term rental license was issued. Exceptions include:
a. Non-owner-occupied short-term rentals in the C-ENT and H25 zones;
b. A locally registered historic building that is located along the Ogden Express (OGX) route, was converted to condominiums prior to January 1, 2023, and contains fewer than nine units, shall be allowed to have two non-owner-occupied short term rental units in the same building
3. Use of Accessory Dwelling Units. The short-term rental may not be housed within an accessory dwelling unit or the primary single-family dwelling associated with an accessory dwelling unit unless one or the other is owner occupied.
D. License Required: It is unlawful for an owner or the owner's agent to rent a dwelling as a short-term rental unless the owner or agent has a valid current Ogden City short-term rental license. A short-term rental license shall serve as a rooming house business license under Title 5.
E. Qualification as Non-Owner-Occupied Short-Term Rental in a Residential Zone: In order to qualify as a non-owner-occupied short-term rental in a residential zone, the applicant must have owned the dwelling unit for three (3) years continuously prior to commencing operation.
F. Submittal requirements: An applicant for a short-term rental license shall submit the following:
1. Floor plans with labels on rooms indicating uses or proposed uses;
2. A drawing, photo, or other description as to how required legal off-street parking will be provided and the number of legal off- street parking spaces available;
3. A statement of how transient room tax will be collected and remitted and a copy of a state issued sales tax license or evidence that a third party will collect and remit the tax;
4. A statement affirming whether or not the short-term rental will be owner-occupied.
a. If the applicant is applying as an owner-occupant, evidence that the property is the owner/applicant's primary residence, including evidence that the property is taxed as their primary personal residence and three (3) of the following forms of evidence that match the address of the residence:
(1) The address shown on the person's driver's license, vehicle registration, or state issued identification card;
(2) The address shown on the person's voter registration; or
(3) The address shown on the person's state or Federal income tax return.
(4) One other document or piece of mail from a business showing the applicant's place of residence, such as a utility bill, bank statement, or pay stub; and
b. If the applicant is applying as a non-owner-occupant in a residential zone, evidence that the applicant has owned the property continuously for three (3) years prior to the date of commencing operation. Acceptable forms of evidence include property deeds or Weber County tax assessor information.
5. The name and contact information of the person described in Subsection J.9.
6. The applicable fee.
G. Action on Application: After review by the Building Services Division, the planning manager shall approve or deny an application for a short-term rental based on compliance with these regulations and payment of the fee established in section 4-6-1.
H. Time Period; Renewal; Change of Ownership: The initial short-term rental license is valid for a period of one year from issuance. Thereafter, the applicant may renew the short-term rental license annually. A change of property ownership invalidates the short-term rental license unless the new property owner obtains a new license within ninety (90) days of change in ownership and prior to operating the short-term rental. If applying as an owner-occupied short-term rental, the new owner shall provide the same evidence of owner occupancy as required for a new license. A short-term rental renewal application shall include:
1. If the rental is owner-occupied, current evidence that the property is the applicant's primary residence using the same forms required for a new license.
2. Evidence of mailing contact information to surrounding property owners as required by Subsection J.9.
I. Compliance With Building Codes: A short-term rental shall be inspected by the Building Services Division upon initial application, upon any housing complaint filed with the City, and every two (2) years for non-owner occupied dwellings, to verify that the structure:
1. Complies with the information contained in the application and with the requirements of this section;
2. Complies with all applicable local and state building, health, fire, safety, and maintenance codes;
3. Has windows in sleeping rooms that:
a. Comply with the current Building Code for egress window size and location in all basement sleeping rooms regardless of when the structure was built;
b. For buildings constructed prior to January 1, 1972, have a minimum operable width of twenty inches (20"), a minimum height of twenty four inches (24"), and a minimum glazing area of five (5) square feet, which can include meeting rails or muntins, in above grade sleeping rooms; and
c. For buildings constructed after January 1, 1972, comply with the Building Code in effect at the time the building was constructed in above grade sleeping rooms;
4. Has a functioning interconnected fire alarm system; and
5. Has a fire extinguisher with a current tag or new within a year with proof of purchase and a minimum rating of 2-A:10BC that is hung in a visible and accessible location with the top of the extinguisher no more than sixty inches (60") above the floor.
J. Standards: All short-term rentals must conform to the following standards:
1. Occupancy Limits: A short-term rental may be occupied by no more than two (2) people per sleeping room, as established by the inspection described in Subsection I, including any long-term occupants of an owner-occupied rental present during the rental term.
a. The total number of permitted occupants does not exceed one (1) person for every two hundred (200) square feet of net living space, with the number of occupants rounded down to the nearest whole number; and
b. Any basement sleeping room designated or arranged for occupancy by more than two (2) people has a Code compliant door that exits directly to the exterior of the residential vacation rental.
2. Visitors Prohibited: Only those persons registered as guests of the short-term rental and any long-term occupants of an owner-occupied rental may be on site during the pendency of the short-term rental contract. Visitors are prohibited on the premises of the short-term rental during the rental term. The short-term rental may not be used for events with outside visitors.
3. Single Contract: The short-term rental may not be the subject of multiple rental contracts for the same night or nights.
4. Off-Street Parking:
a. Each short-term rental shall provide at least the number of on-site parking spaces shown in the table below.
Number of sleeping rooms | Number of required parking spaces |
1-4 sleeping rooms | 2 spaces |
5-6 sleeping rooms | 3 spaces |
7-8 sleeping rooms | 4 spaces |
9 or more | ½ additional parking space per sleeping room over 8, rounded up |
Any number in C-ENT and H25 zones | Meet the parking standards for dwelling units or have nonconforming parking rights |
A locally registered historic building that is located along the Ogden Express (OGX) route, that is used as a non-owner-occupied short-term rental unit, and was condominiumized prior to January 1, 2023, and contains fewer than nine dwelling units | 1 space per dwelling |
b. Parking spaces shall meet the minimum dimensions shown in Chapter 12.
c. A short-term rental may not utilize a driveway shared with another parcel to provide access to parking unless the driveway was approved to serve a common development, such as in a planned unit development.
d. No additional off-street parking in the front or side yard of the short-term rental shall be created to accommodate the short-term rental, such as a side yard parking slab or widened driveway, but tandem parking (one vehicle behind another) in the driveway is allowed, provided the tandem parking does not extend over the property line or interfere with any public sidewalk.
e. Garage spaces may be counted toward meeting the required number of parking spaces provided they are accessible to guests during the term of the rental or the owner is present during the rental term.
5. On-Street Parking: On-street parking may not be used to satisfy the parking requirements for a short-term rental. For short-term rentals in residential zones, guests may not park on the street within two blocks of the short-term rental. The owner is subject to the penalties described in this title for each violation.
6. Garbage: Where a residential vacation rental receives garbage service from Ogden City, the owner shall provide the minimum one (1) Ogden City garbage cart and one (1) recycling cart.
a. Carts shall be placed at the side or rear of the dwelling and shall not be in public view except on collection days.
b. Information about allowed recycling materials and garbage collection dates shall be provided to the occupants of the short-term rental.
c. The owner is responsible to ensure that garbage or other material does not overflow the carts or accumulate outside of the carts.
7. Animals: If allowed by the owner, the number of household pets is limited to the number allowed for a single-family dwelling. Pets must be boarded inside the residence and may not be allowed outside unless accompanied by an adult.
8. Signage: Signage is limited to the same standards applicable to a home occupation, as contained in Section 18-5-1, "Appendix A; Signs".
9. Management: An agent shall be available during the rental period who is capable of personally responding to the short-term rental location within 30 minutes.
a. The agent's name and phone number shall be posted in a prominent place inside of the dwelling together with a copy of the short-term rental license.
b. In residential zones, the applicant shall mail the agent's contact information to surrounding property owners within three hundred feet (300') of the property line of the short-term rental prior to receiving the short-term license and prior to each annual renewal. Upon each mailing, the applicant shall provide the Building Services Division an affidavit of noticing the mailing list and map of properties that were sent information.
10. Guest Log Required: The applicant shall maintain a log of the number of guests registered each rental term and the license plate numbers of the guest's vehicles brought to the site. The applicant shall make the log available to the city upon request.
11. Good Neighbor Brochure: All short-term rental applicants shall make readily available the "Ogden City Good Neighbor" brochure within the rental and a website link showing where to find the brochure online. The "Ogden City Good Neighbor" brochure includes a summary of local regulations regarding parking, noise, occupancy, and defining a "good neighbor."
K. Advertisements: An owner of property or the owner's agent who advertises or rents a short-term rental shall include the following information in every advertisement and in each rental contract:
1. The person's Ogden City short-term rental license number;
2. The number of sleeping rooms available for rental as allowed in the license;
3. The ceiling height of any basement sleeping room if the ceiling is between six feet eight inches (6'8") and seven feet (7');
4. The maximum number of people allowed to occupy the short-term rental as contained in the license;
5. Whether pets are allowed and the conditions associated with pets;
6. The number of legal off-street parking spaces recognized by the license as allowed for use by the short-term rental;
7. In residential zones, notice that guests are prohibited from parking on the public streets within two (2) blocks of the short-term rental; and
8. Notice that events are not allowed within the short-term rental.
L. Unlawful Advertising: It is unlawful for an owner of property or the owner's agent to advertise, represent orally or in writing, or sign a rental contract for a short-term rental that:
1. Authorizes more people to occupy the short-term rental than is allowed in the license;
2. Allows the use of any portion of property outside of the short-term rental for sleeping purposes by pitching tents or otherwise;
3. Authorizes or provides for more parking spaces, including on-street parking, than are authorized in the license.
4. Notwithstanding any other provision of this section, a person may not be fined, charged, prosecuted, denied a business license or otherwise punished solely for the act of listing or offering a short-term rental on a short-term rental website.
M. Noncompliance With Standards: Noncompliance with the standards of this section; allowing the property associated with the short-term rental license to become a nuisance, such as through violations of the city noise ordinance or property maintenance standards; failure to maintain the original conditions that allowed the short-term rental license to be issued; and entering into sham transactions shall each constitute just cause for the denial of an application or renewal, or revocation of a short-term rental license.
1. Revocation shall be based upon the findings of fact at an administrative hearing before a Hearing Officer, pursuant to Title 5, Chapter 1, Article C,, as such provisions may be applicable.
2. If the license is revoked, the rental of the dwelling as a short-term rental shall terminate within thirty (30) days of the final determination.
3. A dwelling whose short-term rental permit has been revoked is not eligible for use as a short-term rental for a period of three (3) years from the date of revocation.
4. For purposes of this section, a sham transaction means any transaction which is meant to, or could result in, a violation or avoidance of other applicable zoning ordinances, including transactions:
a. Where a short-term rental in a residential zone is occupied by a person or group of people for more than thirty (30) consecutive nights, regardless of the term of any rental contract or contracts; or
b. Where a short-term rental is occupied by a person or group of people, regardless of the number of nights of occupancy, who do not have a primary residence at another location.
5. A short-term rental license may not be revoked for a single violation involving guests parking on the street or visitors on the property.
(Ord. 2017-24, 5-23-2017; amd. Ord. 2023-46, 7-18-2023; Ord. 2024-12, 5-7-2024)
In all residential zones, unless a more restrictive standard has been adopted within this title, accessory dwelling units shall meet the following requirements:
A. Purpose: It is the purpose of this section to establish regulations controlling the use and construction of accessory dwelling units; to encourage individuals to become and remain homeowners by allowing limited opportunities for rental income; to allow the provision of security or services to owner occupants of the dwelling; to provide options for structures designed as single-family dwellings to meet the needs of owner occupants at a variety of stages in their life cycle; and to protect the stability of neighborhoods.
B. Number Of Accessory Units Per Parcel: An accessory dwelling unit (ADU) shall be allowed only on parcels containing a single-family dwelling. No more than one (1) accessory dwelling unit shall be allowed for a lot or parcel which also contains the single-family dwelling. ADUs shall not be allowed on lots or units which are part of a PRUD, apartment building, group dwelling or a condominium project.
C. Occupancy: The property owner, which includes titleholders, must occupy either the primary or accessory dwelling as the property owner's permanent and principal residence in order to qualify for an ADU.
1. As long as the owner occupies the main dwelling or the ADU then the other unit is allowed to be rented under this ADU provision.
2. The owner is permitted to have a separate seasonal residence but during the time away from the permanent residence the owner is not allowed to rent out the vacant permanent residence unit. For the purposes of this subsection "seasonal residence" shall mean living in another location up to four (4) months in one (1) calendar year.
3. The property owner shall conform to the definition of "family" as described in chapter 2.
4. The nonowner occupied unit is limited to no more than two (2) related or unrelated adults, with or without minor children of the two (2) adults.
5. A short-term rental may not be housed within the accessory dwelling unit unless the primary single-family dwelling associated with the accessory dwelling unit is owner occupied.
D. Size: A detached accessory dwelling unit shall not be less than three hundred (300) square feet or more than eight hundred (800) square feet in size. Detached units shall not occupy more than twenty five percent (25%) of the rear yard area of the lot.
E. Appearance: The appearance of the dwelling shall remain that of a single-family residence and not be altered with the exception of required egress windows from bedrooms or entry doors. Any new detached building to accommodate an accessory dwelling unit shall be designed to follow the architectural design, style, and character of the main building. The exterior surfaces shall have the same visual appearance of the exterior material and color of the main building.
F. Outside Entrances: The entrances to the ADU and main dwelling shall use existing entrances to the dwelling if possible. If a separate entrance is required to be installed to one of the units, it shall be by means of a door located in the side or rear of the building.
G. Parking: A single-family dwelling with an accessory dwelling unit shall have in existence the required two (2) off street parking spaces that meet the legal location and requirements for off street parking for a single-family dwelling. No additional off street parking in the front or side yard for the ADU is to be provided such as a side yard parking slab or widened driveway. Tandem parking (1 vehicle behind another) in the driveway that leads to legal parking for the main unit shall be the means of providing parking provided the tandem parking does not extend over the property line and the public sidewalk.
H. Compliance With Building Codes: The ADU shall comply with all applicable Building, Health and Fire Codes including compliance with current building code requirements for emergency egress from bedrooms.
I. Application Procedure:
1. Any homeowner who resides in a single-family dwelling and whose property is in a residential zone and desires an accessory dwelling unit shall obtain an accessory dwelling permit. The accessory dwelling permit shall be in addition to any building permits that may be necessary to create the accessory dwelling unit. The applicant shall submit as part of the application for an accessory dwelling permit:
a. A site plan drawn accurately to scale that shows property lines and dimensions, the location of existing buildings and building entrances, any proposed building and its dimensions from buildings and property lines, and the location of parking stalls.
b. Detailed floor plans drawn to scale with labels on rooms indicating uses or proposed uses.
c. Written verification that the applicant is the owner of the property and has permanent residency in the existing single- family dwelling where the request is being made. The verification also requires the applicant to acknowledge that they are the owner-occupant and will remain an owner-occupant in order for an accessory dwelling unit to be permitted.
2. After review by the Building Services and Fire Divisions, the Planning Division shall approve or deny the application based on compliance with these regulations and issue a land use permit for an ADU, which shall include the legal description of the property.
3. Noncompliance with the standards of this section shall be just cause for the denial of an application or revocation of an accessory dwelling permit if the original conditions are not maintained that allowed the accessory dwelling unit. Revocation shall be decided based upon the findings of fact at an administrative hearing before a Hearing Officer, pursuant to title 5, chapter 1, article C of this Code, as such provisions may be applicable. If the permit is revoked the accessory dwelling unit shall be removed within thirty (30) days of the final determination.
4. The approval of a land use permit for an accessory dwelling unit is valid for the duration of the period the owner who obtained the permit owns and occupies the property. Change of property ownership voids the accessory dwelling permit. A new permit must be applied for according to these requirements if the new owner desires an ADU.
5. Upon issuing a certificate of an approved ADU, the city shall record a copy of the certificate with the office of the Weber County Recorder.
(Ord. 2016-2, 1-12-2016; amd. Ord. 2022-4, 2-1-2021; Ord. 2022-58, 11-15-2022; Ord. 2024-12, 5-7-2024)
The purpose of this section is to provide minimum regulations for the ability to keep residential chickens on a lot or parcel of property in all zones of Ogden City.
A. Residential chickens are only permitted as an accessory use to a single family owner occupied residential dwelling. Roosters are not allowed.
B. Residential chickens are permitted to be kept only in the rear yard of a lot or parcel that is used as an owner occupied single family dwelling where the rear yard has a minimum of two thousand (2,000) square feet of non-paved open area that is free of structures, excluding a coop and run.
C. Where there is sufficient yard space to allow residential chickens, the maximum number of chickens allowed is six (6).
D. The keeping of residential chickens is solely for egg production for the use of the occupants of the owner occupied dwelling.
1. Residential chickens shall not be slaughtered on site or used for meat.
2. An annual license is required for the keeping of each residential chicken.
3. Eggs or fertilizer that are produced by residential chickens are not permitted to be sold.
E. Residential chickens shall be maintained and contained in a chicken coop and enclosed chicken run.
1. A coop shall be a completely enclosed structure for housing, containing and protection of the residential chickens.
2. A run shall be enclosed on all sides, including the top, in which residential chickens are able to move around outside the chicken coop.
3. Residential chickens are not permitted to roam freely outside of the coop or run.
F. The chicken coop and run shall not exceed a footprint of one hundred twenty (120) square feet nor be taller than seven feet (7') in height.
1. Neither the coop or run shall be constructed of scrap or dilapidated materials nor use tarps or other non-rigid materials for shading or roofing.
2. Exterior finish materials for the coop shall be typical residential exterior materials except openings may be covered in wire mesh or netting rather than glass.
G. No portion of a coop or run shall be located closer than five feet (5') to any property line in the rear yard or to a dwelling on the lot associated with the coop and run.
1. In the case of a corner lot, a setback of five feet (5') to the rear yard setback line facing a street shall be kept clear of any coop or run.
2. The five foot (5') setback area adjacent to the coop or run shall be kept clear of any vegetation except sod grass to reduce the harboring of rodents or other wildlife.
3. A coop or run shall not be located closer than twenty five feet (25') to any dwelling structure on adjacent property.
H. Chicken feed shall be kept secure from rodents and other wildlife. Spillage and leftover feed must be removed daily.
I. Chicken manure must be either placed in containers used for composting on the property or air tight containers for the manure to be disposed of offsite. No open air storage of manure is permitted on the property.
J. An initial animal license application shall also require a land use permit that shows location of coop and run, area of open rear yard, and distance to adjacent dwellings. An inspection confirming compliance to the requirements of the land use permit is required prior to the animal license being issued.
(Ord. 2017-50, 12-19-2017)
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