A. Certain areas of the City are characterized by slope, vegetation, drainage, rock outcroppings, geologic conditions, and other physical factors which, if disturbed for the purposes of development, can cause physical damage to public or private property or both. Therefore, the development of such areas and adjacent land requires special care on the part of the public and private sectors.
B. The standards, guidelines and criteria established by this Chapter shall include, but not be limited to the following:
1. The protection of public from natural hazards of storm water runoff and erosion by requiring drainage facilities and the minimal removal of natural vegetation.
2. The minimization of the threat and consequential damages of fire in hillside areas by establishing fire protection measures.
3. The preservation of natural features, wildlife habitat and open space.
4. The preservation of public access to mountain areas and natural drainage channels.
5. The retention of natural topographic features such as drainage channels, streams, ridge lines, rock outcroppings, vistas, trees, and other natural plant formations.
6. The preservation and enhancement of visual and environmental quality by use of natural vegetation and the prohibition of excessive excavation and terracing.
7. The assurance of an adequate transportation system for the total hillside area to include consideration of the approved Master Street Plan of the City. This system design will consider densities and topography with minimal cuts, fills and other visible scars.
8. The establishment of on-site traffic facilities that ensure ingress and egress for vehicles including, emergency vehicles into all developed areas at any time.
9. The encouragement of a variety of development designs and concepts that are compatible with the natural terrain of the sensitive areas and will preserve open space and natural landscape.
(Ord. 76-15, 5-6-1976; amd. Ord. 85-27, 6-13-1985)
As used in this Chapter, the following words and terms shall have the meanings ascribed to them in this Section:
AVERAGE SLOPE: Shall mean and be determined by the use of the following formula:
A. S = .00229 (I) (L)
A
A
S = Average slope in percent.
.00229 = The conversion factor of square feet to acres.
A = Total number acres in the parcel.
I = Contour interval in feet. The contour interval may not exceed ten feet (10').
L = Summation of the length of all contour lines, in feet, within the parcel.
B. In the determination of the average slope, the average (A) need not include any part of the site having a slope greater than thirty percent (30%). If such areas are excluded from determination of average slope, their acreage shall not be included as part of the total area of the site for purposes of determining the number of dwelling units allowed, but may be included with individual building lots.
C. Areas with slopes exceeding thirty percent (30%) may be:
1. Placed in permanent open space and maintained by a responsible legal entity; or
2. Platted with adjacent approved building lots with an open space easement; or
3. Other proposals may be prepared by the developer and submitted for approval of the Planning Commission.
BUILDABLE LAND: That land within a lot or development site, no part of which has slope exceeding thirty percent (30%).
DEVELOPMENT SITE: Shall mean and include the total perimeters of a subdivision or a planned unit development, or a tract, lot or parcel of land intended to be used as commercial, industrial or institutional use.
GROSS ACREAGE: The total area of the development, including all rights of way and other nonresidential uses.
IMPERVIOUS MATERIALS MATTER: That is impenetrable by moisture.
NATURAL VEGETATION: This term shall include orchards, indigenous trees, shrubs, grass and perennial growth.
NET RESIDENTIAL ACREAGE: All land within a development site devoted exclusively to a residential use.
OPEN SPACE: Includes land area of the site not covered by buildings, parking structures, or accessory structures except recreational structures. May also include any combination of public, private and common spaces.
USABLE OPEN SPACE: Is that which:
A. Has been properly designed;
B. Has been provided with landscaping and perhaps other facilities; and/or
C. Has been provided with a program of continuing maintenance.
(Ord. 76-15, 5-6-1976; amd. Ord. 85-27, 6-13-1985; 1999 Code)
A. Creation: There is hereby created a Sensitive Area Overlay Zone consisting of those areas shaded on that certain plat of the City, dated May 2, 1985, which has been filed with the City Recorder and made a part hereof.
B. Jurisdiction Of Sensitive Area Overlay Zone: The provisions of this Chapter shall apply to all lands in the City which lie within the area designated on the Zoning Map as the Ogden City Sensitive Area Overlay Zone. No building or structure may be erected or reconstructed on land which is designated on the Zoning Maps of the City as sensitive area, nor shall such land be subdivided, graded or otherwise disturbed for purposes of development or subdivision, unless such construction, subdivision or disturbance is undertaken in accordance with this Chapter.
C. Effect Of Provisions: The regulations of this Chapter shall be supplemental to, and not in lieu of, the applicable zoning provisions of the use district in which the land is located and/or general provisions applicable to all zones. However, in the event of conflict between such additional provisions and the provisions of this Chapter, the more restrictive provisions shall apply.
D. Application To Previous Development: The provisions of this Chapter shall have no application to any development or other construction project which has been granted preliminary approval prior to the effective date hereof.
(Ord. 76-15, 5-6-1976; amd. Ord. 85-27, 6-13-1985)
A. Single-Family Dwelling Units:
1. Minimum Lot Size: The minimum lot size with respect to lots upon which single-family detached dwelling units are located in subdivisions or otherwise shall be determined by reference to the following table:
Average Slope Of Development Site | Minimum Lot Size | Minimum Lot Width |
0-10% | Same as underlying zone | Same as underlying zone |
10.01-20% | 15,000 sq. ft. | At least 100' at front setback line |
20.01-30% | 20,000 sq. ft. | At least 120' at front setback line |
30.01+% | Not permitted | Not permitted |
2. Planned Unit Development And Cluster Subdivision: The maximum density with respect to dwelling units per gross acre for dwelling units in a planned unit development for cluster subdivision shall be the same as that allowed for single-family detached dwellings unless otherwise approved by the planning commission.
3. Maximum Impervious Material Coverage: The maximum impervious material coverage that shall be allowed upon lots which single- family dwelling units are located shall be thirty percent (30%) of the total lot area or seven thousand five hundred (7,500) square feet, whichever is smaller, including accessory buildings, patios, and driveways; provided however, that the maximum impervious material coverage may exceed thirty percent (30%) or seven thousand five hundred (7,500) square feet upon approval of the mayor after review and recommendation by the planning commission.
4. Buildable Area:
a. Single-family dwelling structures shall be located only upon areas constituting buildable land, which area shall be fully contiguous and shall be at least five thousand (5,000) square feet in size, and shall have minimum dimension, either length or width, of fifty feet (50');
b. Single-family dwelling structures shall be set back no further than two hundred fifty feet (250') from a public or private street except by approval of the planning commission and subject to the following standards:
(1) The home is connected to city water and sewer;
(2) The access drive does not require substantial cuts or fill, but can be developed on existing topography and meet all other requirements for access in this chapter; and
(3) The driveway layout follows natural openings and does not require removal of large amounts of vegetation.
c. All accessory structures shall be located upon buildable land, unless otherwise approved by the planning commission, upon a showing by the developer that such location will not be contrary to the purposes of this chapter.
5. Flag Lot: A flag lot may be approved by the planning commission after determining that due to topographic conditions, sensitive land concerns, or other requirements of this chapter, streets cannot or should not be extended to access substantial buildable areas that would otherwise comply with the minimum lot standards. Also, the following criteria must be met:
a. Only one single-family dwelling may be constructed as a main use on a flag lot;
b. The minimum lot area, exclusive of the access stem, shall be one hundred twenty five percent (125%) of the minimum lot area required in the zoning district;
c. The width of the access stem shall be at least thirty feet (30') with a paved twenty foot (20') wide driveway and a minimum five foot (5') wide landscaped buffer on each side of the driveway. The buffer area is provided to help screen adjacent properties and to provide a drainage area for the paved portion of the access strip;
d. The planning commission may require that one access stem serve two (2) lots and that a cross access agreement be recorded. Where such access is shared, the width and frontage requirements for each property may be reduced to fifteen feet (15'). The landscape buffer shall not be required between abutting access stems operating as a shared access;
e. Approved street numbers shall be located in such a manner as to be plainly visible and legible from the street fronting the lot.
B. Multiple Units In R-2 Through R-5 Zones:
1. Maximum Lot Width And Density: Maximum lot width and maximum density shall be determined by the following table:
Average Slope Of Development Site | Minimum Lot Width | Maximum Density |
0-10% | Same as underlying zone | Same as underlying zone |
10.01-20% | 100' | Maximum density of underlying zone x 0.70 |
20.01-30% | 120' | Maximum density of underlying zone x 0.50 |
30.01+% | Not permitted | Not permitted |
2. Maximum Impervious Material Coverage: The maximum impervious material coverage that shall be allowed upon lots upon which multiple-family units are located shall be thirty percent (30%) of the total lot area.
(Ord. 76-15, 5-6-1976; amd. Ord. 85-27, 6-13-1985; Ord. 90-49, 9-27-1990; Ord. 93-34, 9-7-1993; Ord. 2001-35, 6-5-2001)
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