PROPOSED AMENDMENT TO THE DEFINITION OF TAVERNS, PRIVATE CLUBS AND DRINKING ESTABLISHMENTS

To review the proposed zone text amendment

Approval of the zone text amendment (8-0)

A petition has been filed by Martin McFadden with Blue Ox Development to amend the definitions related to drinking establishments as well as the regulations for drinking establishments in the Business Exchange Historical (BEH) zone. While these requests are closely connected, the two requests will be separated into different items for Council consideration.

The proposed amendments with this item would eliminate the definitions for tavern and private club and replace them with a new definition for a drinking establishment. The proposed definition for drinking establishment in the City’s code would cover the different types of alcohol-serving establishments defined in state code and regulated in the City’s code.

The proposed definition for drinking establishments would also clarify that for the purpose of the City’s zoning and number of drinking establishments per linear block, alcohol sales must exceed 50% of total annual receipts.

A similar proposal to update the code related to the definition of taverns and private clubs came before the Council in 2016; however, no final action was taken on that proposal. The 2016 amendments came in conjunction with a petition to amend the definition of a linear block.

Martin McFadden with Blue Ox Development has been working with Ogden’s Own Distillery to make several changes to the City’s code related to events within the Business Exchange area and to the City’s zoning definitions for alcohol licensing. Mr. McFadden has filed a

Ogden City Council Work Session: June 9, 2020 1

petition to make the requested amendments. The petition includes two separate but closely related changes. The first set of changes is specific to definitions within the City’s code related to establishments serving alcohol and the second is specific to the Business Exchange Historical (BEH) zone. While related, these items will be addressed as individual Council actions.

The proposed amendment to the definitions for establishments serving alcohol relates to the definitions in the zoning ordinance. Currently, the City’s zoning ordinance provides definitions for taverns and private clubs. Each of these types of businesses include alcohol service but each have specific restrictions and regulations. Private clubs generally refer to establishments that require membership while taverns are open to the public but restrict alcohol sales to beer only. Recent state law changes have made these definitions inconsistent with the state regulations for alcohol licensing.

Utah State Code Title 32B, Alcohol Beverage Control Act, provides regulations for licensing of different types of alcohol-related sales and service. This section of state code, for the purpose of this petition, provides definitions and regulations for alcohol licensing of restaurants and bars. The state code offers three types of licenses for restaurants and includes a beer only license, limited service license and a full-service license. The difference with these licenses is generally related to the type of alcohol served but each requires that alcohol sales not exceed 30% of total annual receipts and that alcohol is ordered with food. A bar license allows alcohol sales to exceed 30% of total receipts and allows alcohol service with or without food. Bar licenses are issued for equity clubs, fraternal clubs and for bars. Equity clubs, like a country club, and fraternal clubs require membership while a bar is a social drinking establishment and is not limited by membership.

The City’s current zoning code does not accurately reflect the different types of licenses offered by the state code. The proposed amendment would eliminate the definitions for taverns and private clubs and put those types of establishments under the umbrella of drinking establishments. This definition allows more flexibility and allows a single definition in the zoning ordinance to accommodate the different state licenses.

Ogden City Council Work Session: June 9, 2020 2

As proposed for the City’s zoning code, and in comparison to the state licenses, a drinking establishment would only be classified as such if alcohol sales exceed 50% of total annual receipts. As an example, if a restaurant serves alcohol and has alcohol sales of less than 30%, the establishment would need one of the three state restaurant licenses, depending on the type of alcohol served, and would not be considered a drinking establishment under the City’s zoning ordinance. If, however, an establishment that serves food and has alcohol sales between 30% and 50%, that establishment would need a state bar license but would not be considered a drinking establishment under the City’s zoning ordinance. If alcohol sales exceed 50% of total annual receipts, the establishment would need to be licensed by the state as a bar and would be considered a drinking establishment under the City’s zoning ordinance.

If sales of alcohol exceed 50% of total annual receipts, the establishment would be considered a drinking establishment by the City under the proposed amendments. Under the City’s zoning ordinance, drinking establishments are limited to two per linear block, which includes both sides of a street. A restaurant with less than 50% total alcohol sales would not be subject to the two-per-block restriction.

The petition replaces the definitions of tavern and private club and replaces them with a single definition of drinking establishment. These updates are made throughout Title 19, Zoning, wherever these definitions appear. There are no new regulations proposed with this part of the petition. There is new language related to the definition of drinking establishments and some additional language in the definition of a restaurant to clarify that a restaurant must have less than 50% of its revenues come from the sale of alcoholic beverages.

The Planning Commission reviewed the proposal at its February 4, 2020 meeting and forwarded a recommendation of approval to the Council with a vote of 8-0. The Commission’s recommendation was made with the finding that the amendments were consistent with the general plan, zoning ordinances and policies of the City, and that there is good reason for the amendments.

No public comment was received at the meeting.

Ogden City Council Work Session: June 9, 2020 3

1. Transmittal 2. Drinking Establishment amendments ordinance 3. Planning Commission Report 4. Petition 2019-24

Administrative Contact: Greg Montgomery, AICP (801) 629-8931 Council Staff Contact: Glenn Symes, AICP (801) 629-8164

Ogden City Council Work Session: June 9, 2020 4

ORDINANCE NO.

AN ORDINANCE OF OGDEN CITY, UTAH, AMENDING THE OGDEN MUNICIPAL CODE BY AMENDING SECTIONS 15-2-4, 15-2-5, 15-2-7, 15-2-13, 15-2-17, 15-2-19, 15- 2-21' 15-6-3, 15-12-3, 15-13-13, 15-21-2, 15-24-4, 15-33-2, 15-33-5, 15-34-2, 15-38-5, 15- 39-3, AND 15-41-7 TO UPDATE CITY ORDINANCE REGARDING TAVERNS AND OTHER DRINKING ESTABLISHMENTS; AND BY PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON POSTING AFTER FINAL PASSAGE.

The Council of Ogden City hereby ordains:

SECTION 1. Section amended. Section 15-2-4 of the Ogden Municipal Code is

hereby amended to read and provide as follows:

15-2-4: ["C" DEFINITIONS:]

CABARET: A restaurant with beer license, restaurant with liquor consumption license, [tavern, private club] drinking establishment, or other business licensed for the on premises consumption of alcoholic beverages, which business is licensed to permit its patrons to dance or to entertain its patrons with live performers who sing, dance or play musical instruments. Cabarets do not include sexually oriented businesses.

CANNABIS: All species of the genus cannabis and all parts of the genus, whether growing or not; the seeds of it; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from them, fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. Any synthetic equivalents of the substances contained in the plant cannabis sativa or any other species of the genus cannabis which are chemically indistinguishable and pharmacologically active are also included.

CANNABIS CULTIVATION FACILITY: A person that:

(a) possesses cannabis;

(b) grows or intends to grow cannabis; and

(c) sells or intends to sell cannabis to a cannabis cultivation facility, a cannabis processing facility or, as defined in Utah law, a medical cannabis research licensee.

CANNABIS PROCESSING FACILITY: A person that: 1 (a) acquires or intends to acquire cannabis from a cannabis production establishment or a holder of an industrial hemp processor license under Utah State Code Title 4, Chapter 41, Hemp and Cannabinoid Act;

(b) possesses cannabis with the intent to manufacture a cannabis product;

(c) manufactures or intends to manufacture a cannabis product from unprocessed cannabis or a cannabis extract; and

(d) sells or intends to sell a cannabis product to a medical cannabis pharmacy or, as defined by Utah law, a medical cannabis research licensee.

CANNABIS PRODUCT: A product that:

(a) is intended for human use; and

(b) contains cannabis or tetrahydrocannabinol.

CANNABIS PRODUCTION ESTABLISHMENT: A cannabis cultivation facility, a cannabis processing facility, or an independent cannabis testing laboratory.

CAR WASH, LAUNDRY TYPE: A structure or portion thereof containing facilities for washing passenger automobiles, using production line methods such as, but not limited to, chain conveyor, movable or revolving cleaning brushes, blower, steam cleaning, or similar mechanical devices.

CAR WASH, MANUAL SPRAY: A structure or portion thereof containing facilities for washing passenger automobiles, limited to using only hand operated manual spray cleaning equipment and techniques.

CELLAR: A story having more than one-half (112) its height below the average level of the adjoining ground. A cellar shall not be counted as a story for the purpose of height measurement.

CHECK CASHER: A person engaged in the business of cashing checks.

A. A check is a draft, other than a documentary draft, payable on demand and drawn on a bank; a cashier's check or teller's check; or a demand draft. An instrument may be a check even though it is described on its face by another term, such as "money order".

B. A check casher does not include: a depository institution; a depository institution holding company; an institution directly owned or controlled by one or more depository institutions or depository institution holding companies; or a person that cashes checks in a transaction that is incidental to the retail sale of goods or services and for consideration that does not exceed the greater of one percent (1 %) of the amount of the cashed check or one dollar ($1.00).

2 CLUSTER SUBDIVISION: A subdivision of land in which the areas and widths of residential lots are reduced below the minimum lot areas and lot width requirements of the zone in which the subdivision is located and where equivalent common open space areas are provided to compensate for such lot reduction.

COIN: A piece of currency, usually metallic and usually in the shape of a disc that is:

A. Stamped metal, and issued by a government as monetary currency; or

B. Is worth more than its current value as currency and is also worth more than its metal content value.

COMMERCIAL GRADE PRECIOUS METALS: Ingots, monetized bullion, art bars, medallions, medals, tokens, and currency that are marked by the refiner or fabricator indicating their fineness and include:

A. .99 fine or finer ingots of gold, silver, platinum, palladium, or other precious metals; or

B. .925 fine sterling silver ingots, art bars, and medallions.

COMMUNITY CORRECTIONAL FACILITY: A facility licensed by or contracted by the state of Utah to provide temporary occupancy for previously incarcerated persons which assists such persons in making a transition from a correctional institution environment to independent living. Such facility may also provide ancillary, temporary occupancy for individuals placed as part of, or in lieu of, confinement rehabilitation, or treatment in a correctional institution.

COMMUNITY LOCATION: A public or private school, a licensed child-care facility or preschool, a church, a public library, a public playground, or a public park.

CONDOMINIUM PROJECT: A real estate condominium project where ownership of a single unit in a multi-unit project, together with an undivided interest in common in the common areas and facilities of the property, is transferred; a plan or project whereby four (4) or more apartments, rooms, office spaces, or other existing and proposed apartments, or commercial or industrial buildings or structures are separately offered or proposed to be offered for sale and meeting all requirements of Utah Code Annotated title 57, chapter 8, condominium ownership act. Structures shall conform with all area, yard, frontage and height regulations of the zone district in which they are located.

CONTACT PERSON: The individual designated in an application or petition, filed pursuant to the provisions of this title, to receive notices, copies of staff reports, and notices of final actions on a pending application.

CONVENIENCE STORE: A place of retail business primarily engaged in the sale of food or drink for consumption either on or off premises and the retail sales of motor fuel from pumps on the site.

3 CORRAL: A space, other than a building, less than one acre in area, or less than one hundred feet (100') in width, used for the confinement of animals so they can be easily captured.

CORRECTIONAL INSTITUTION: A prison, jail, juvenile detention facility or juvenile secure facility.

COUNTRY CLUB: A chartered, nonprofit membership club with or without dining facilities and cocktail lounge, catering primarily to its membership, providing one or more of the following recreational and social amenities: golf, horseback riding, tennis, swimming, any of which shall be located on a site of not less than two (2) acres and open only to members and their duly authorized guests.

COURT: An unoccupied open space, other than a yard, on the same lot with a building or buildings, which is bounded on two (2) or more sides by the walls of such buildings.

COVERAGE, LOT: The percent of lot area covered by the main and accessory buildings.

SECTION 2. Section amended. Section 15-2-5 of the Ogden Municipal Code is hereby amended to read and provide as follows:

15-2-5: ["D" DEFINITIONS:]

DAIRY: A commercial establishment for the manufacture, processing or sale of dairy products.

DAYCARE CENTER: Any building or structure other than an occupied residence furnishing care, supervision, and guidance for three (3) or more children unaccompanied by parent or guardian for periods of less than twenty four (24) hours per day; or, an occupied residence which furnishes care, supervision and guidance for six (6) or more children unaccompanied by parent or guardian for periods of less than twenty four (24) hours per day. Occupied residence shall refer to being used as a residence by a family. The term "daycare center" is inclusive of kindergartens, nursery schools, and all other similar facilities, except preschools as defined by this chapter, specializing in the education and/or care of children prior to their entrance into the first grade, other than facilities owned and/or operated by the public school system.

DEFERRED DEPOSIT LENDER: A person engaged in the business of making loans or transactions where:

A. A person presents to the deferred deposit lender one or more checks written on that person's account, or provides written or electronic authorization to the deferred

4 deposit lender to effect one or more debits from the person's account using an electronic payment; and

B. The deferred deposit lender provides the person an amount of money that is equal to the face value of the check(s) or the amount of the debit(s) less any fee or interest charged for the transaction; and agrees not to cash the check(s) or process the debit(s) until a specific date.

DEPARTMENT: The Department of Community and Economic Development.

DIRECTOR: The Director of the Department of Community and Economic Development, or the Director's designee.

DISABILITY: A physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such an impairment, or being regarded as having such an impairment. "Disability" does not include current illegal use of, or addiction to, any Federally controlled substance, as defined in section 102 of the Controlled Substances Act, 21 USC 802, or successor law. As used in this definition:

Has A Record Of Such An Impairment: Has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.

Is Regarded As Having An Impairment:

A. Has a physical or mental impairment that does not substantially limit one or more major life activities but that is treated by another person as constituting such a limitation;

B. Has a physical or mental impairment that substantially limits one or more major life activities only as a result of the attitudes of others toward such impairment; or

C. Has none of the impairments defined herein under definition of "physical or mental impairment", but is treated by another person as having such an impairment.

Major Life Activities: Functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

Physical Or Mental Impairment: Includes:

A. Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or

5 B. Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

C. The term physical or mental impairment includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, human immunodeficiency virus infection, mental retardation, emotional illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance) and alcoholism.

DOMESTIC STAFF: Persons employed or residing on the premises of a dwelling unit or other residential facility to perform domestic services or to assist residents in performing major life activities.

DRINKING ESTABLISHMENT: An establishment that serves food and drink, or drink only, to the general public or to its members and their guests, for on-premises consumption and whose annual revenue from the sale of alcoholic beverages equals or exceeds the revenue from the sale of food. A drinking establishment shall also be licensed and hold a class B, C, D, or liquor consumption license, as applicable, under Title 5, Chapter 3, Article C of this code. A drinking establishment shall not include entertainment for its patrons unless the premises are zoned for and licensed as a cabaret or adult live entertainment business.

DRIVE APPROACH/APPROACH: A hard surface area located in the public right-of-way used to provide access from the public street to private property for motorized or towed vehicles. A typical drive approach will transition from the road surface across the gutter and sidewalk to a driveway. Sometimes referred to as the driveway apron.

DRIVEWAY: The use of a portion of property outside the public right-of-way intended and designed to facilitate movement of vehicles from the road right-of-way across the property to an area designed and regulated as a parking space.

DRY CLEANER: An establishment which has as its sole purpose the cleansing of fabrics with substantially nonaqueous organic solvents. Laundry establishments with individual dry cleaning machines shall not be classified as a dry cleaner.

DWELLING: Any building or portion thereof containing one or more dwelling units occupied as, or designed or intended for occupancy as, a residence by one or more families.

DWELLING, BACHELOR OR BACHELORETTE: A building arranged or designed to include three (3) or more dwelling units, each dwelling unit to be occupied by not less than five (5) but not more than ten (1 0) unrelated individuals.

DWELLING, GROUP: Two (2) or more dwellings located in more than one building placed upon a single lot. A group dwelling development may be subdivided into more

6 than one lot, if approved under the provisions of chapter 10 of this title and title 14, chapter 5 of this Code.

DWELLING, MULTIPLE-FAMILY: A building arranged or designed to include three (3) or more dwelling units, each to be occupied by one family.

DWELLING, SINGLE-FAMILY: A building arranged or designed to include only one dwelling unit or a building arranged or designed to include a dwelling unit and an accessory dwelling unit that is permitted according to the regulations of this title.

DWELLING, SINGLE-FAMILY ROW HOUSE: A building built directly against an adjoining building without an open space between, and containing a one-family dwelling unit extending from basement to roof. Each single-family attached dwelling unit shall have a front and rear entrance. Each group of single-family attached dwellings shall be considered one structure, for purposes of front, rear and side yard requirements.

DWELLING, TWO-FAMILY/DUPLEX: A building arranged or designed to include two (2) dwelling units, each to be occupied by one family.

DWELLING UNIT: Any building or portion thereof designed, occupied, or intended as a residence for a family with complete, and independent facilities for living, sleeping, eating, cooking and sanitation.

SECTION 3. Section amended. Section 15-2-7 of the Ogden Municipal Code is

hereby amended to read and provide as follows:

15-2-7: ["F" DEFINITIONS:]

FAMILY1:

A. One individual living alone; or

B. One of the following groups of individuals, but not both at the same time, living together as a single nonprofit housekeeping unit, together with any incidental domestic staff residing on the premises:

1. Two (2) or more individuals related by blood, marriage, adoption, guardianship, or other duly authorized custodial relationship;

2. Two (2) unrelated individuals and any children of either such individuals, if any; or

3. A group of not more than three (3) unrelated individuals including in such number any domestic staff residing on the premises.

7 FENCE: A structure or planting such as a hedge that creates a tangible barrier or obstruction having the effect of preventing passage or view across the fence line.

FLOODPLAIN: A relatively flat area or lowland adjoining a river, stream, watercourse, ocean or lake which has been or may be covered with floodwater. Specifically, for purposes of this title, floodplain shall be that area of this City designated within the boundaries of the official flood insurance rate map and approved amendments, which may be subject to periodic inundation in the event of the base flood.

FLOODPLAIN OVERLAY ZONE: Boundaries of the intermediate regional flood as defined by the Federal Emergency Management Agency maps. The floodplain zone is designed to overlay or be superimposed over existing zoning within the defined floodplain. Within such an overlay zone, the existing zone remains effective with the additional conditions superimposed by the Floodplain Zone.

FLOOR AREA: The sum of the gross horizontal area of the several floors of a building and its accessory buildings on the same lot, excluding cellar and basement floor areas not devoted to residential use, but including the area of roofed terraces. All dimensions shall be measured from the exterior faces of the exterior walls.

FLOOR, LOT AREA RATIO: The total floor area of a building divided by the area of the lot on which it is located.

FRATERNAL AND BENEVOLENT SOCIETIES: Includes chartered nonprofit drinking establishments including social clubs or lodges with or without dining facilities and cocktail lounges composing a branch of a fraternal order, or society such as Elks, Masons, American Legion, Eagles, Optimists, Odd Fellows, Kiwanis, Rotary and other similar nonprofit organizations and is open only to members and their duly authorized guests.

FRATERNITY OR SORORITY HOUSE: A building occupied by and maintained exclusively for students affiliated with Weber State University, who are associated together in a fraternity/sorority that is officially recognized by Weber State University and who receive lodging and/or meals on the premises for compensation.

FRONTAGE: All the property fronting on one side of the street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of dead end street, or political subdivision boundary, measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts.

SECTION 4. Section amended. Section 15-2-13 of the Ogden Municipal Code is hereby amended to read and provide as follows:

8 15-2-13: ["L" DEFINITIONS:]

LAND USE ORDINANCE: Any planning, zoning, development or subdivision ordinance of the city, including, but not limited to, the provisions of title 14 of this code, commonly referred to as the subdivision ordinance of Ogden City, and this title, commonly referred to as the zoning ordinances of Ogden City, Utah. It is not intended to refer to the Ogden City general plan.

LAND USE PERMIT: A permit, approval or authorization under the provisions of this title for the erection, construction, reconstruction or alteration of any building or structure, or the use of any building, structure or land.

LANDSCAPE OR LANDSCAPING: The installation of living plant material (i.e., turf grasses or turf type fescues, ground cover, annual and perennial flowering plants, vines, shrubs, and trees) planted directly on the property and kept free from all hard surfaces. The following may also be defined as landscaping when they are combined with installed living plant material:

A. Water features (i.e., pools, fountains, falls and streams) and sculptures;

B. Paving materials (i.e., bricks, pavers, flagstones, textured concrete) used to create a useful open space, add color or texture to the design, and create visual interest provided that such materials in the front yard setback are used only as trim or edging and not used as patios, sports surfaces, or areas where vehicles can be parked;

C. Existing natural vegetation of shrubs (e.g., Wood's rose, willows, currant, sagebrush) or trees (e.g., box elder, Gambel oak, maple, birch); or

D. Landscaping rocks, gravel, mulches, artificial turf or wood chips may be used solely or as ground covers under other plant materials, provided such materials used solely as ground cover without plants above do not cover more than ten percent (1 0%) of the ground area required to be landscaped. If more than ten percent ( 10%) is desired, approval must be given by the planning staff based on the criteria in section 15-13-16 of this title.

LAUNDROMAT OR LAUNDERETTE: A self-service laundry establishment where clothes are cleansed in a coin operated machine. Laundromats or launderettes may include individual dry cleaning machines.

LINEAR BLOCK: Both sides of that portion of any street that has street numbers ranging between any two (2) consecutive multiples of 100, such as 100 and 200, or between 2200 and 2300, etc. A corner [tavern or private club] drinking establishment shall be included in the particular linear block indicated by the street address of such establishment.

LODGE: A building used by a local chapter of a national fraternal beneficiary society or

9 domestic fraternal society for meetings and activities associated with the organization and its programs.

LOT: A parcel of land occupied or to be occupied by a main building or group of buildings (main or accessory), together with such yards, open spaces, lot width and lot areas as are required by this title and having frontage upon a street; provided, that frontage upon a street shall not be required for lots in PRUD subdivisions as permitted in the subdivision title. Except for group dwellings and a guesthouse, not more than one dwelling structure shall occupy one lot.

LOT, CORNER: A lot abutting on two (2) intersecting streets where the interior angle of intersection or interception does not exceed one hundred thirty five degrees (135°).

LOT, INTERIOR: A lot other than a corner lot.

SECTION 5. Section amended. Section 15-2-17 of the Ogden Municipal Code is hereby amended to read and provide as follows:

15-2-17: ["P" DEFINITIONS:]

PARKING LOT: An open area, other than a street, used for parking of more than four (4) automobiles and available for public use, whether free, for compensation, or as an accommodation for clients or customers.

PARKING SPACE: Space within a building, lot, or parking lot for parking or storage of one automobile.

PAYING GUEST: Any person hiring a room in a dwelling unit for living, eating or sleeping purposes.

PERSONAL SERVICE BUSINESS: A business specializing in grooming or hygiene service, limited to hairdressers, barbers, manicurists. Also to include dry cleaning pick up station, tailoring and alteration of garments.

PIGEON LOFT: Any structure in which pigeons are housed and which complies with the provisions of this title, as well as the Weber-Morgan district health department's rules and regulations governing the keeping of homing pigeons.

PIGEON, RACING: Only such pigeons which are maintained and housed by the owner thereof in a pigeon loft, and which may be identified by means of a leg band, including "homing pigeons", "Antwerp messengers" and "carrier pigeons". These pigeons are not to be identified or classified as fowl when raised and used in the sport and hobby of racing carrier pigeons.

10 PLANNED RESIDENTIAL UNIT DEVELOPMENT (PRUD): A residential development planned as a whole, single complex, incorporating a definite development theme which includes the elements of usable open spaces, diversity of lot design or residential use, amenities, a well planned circulation system, and attractive entrances as part of the design.

PLANNING COMMISSION: The planning commission of Ogden City, Utah, as established in title 3, chapter 3 of this code.

PRECIOUS METAL PURCHASING: A business that purchases precious metals in any form from the general public, whether or not the metal is part of a finished product or in pure form; except that a precious metal purchaser may not purchase coins or commercial grade precious metals. For the purpose of this title, a business whose principal business includes the sale of the same types of forms of precious metal items that it buys is not considered precious metal purchasing.

PRECIOUS METALS: Refined metals with high economic value which can be used in the makeup of items such as commercial grade precious metals, coins, jewelry or other items and which also have investment value. For the purposes of this title precious metals are limited to gold, silver, palladium and the platinum group of metals.

PRESCHOOL: Home occupation furnishing teaching for no more than eight (8) children between the ages of three (3) and six (6), where teaching of these children is carried out in a structured format for not more than four (4) hours per session during normal daytime working hours and not on weekends. No child in a preschool shall be taught more than one session per day.

PRISON: A place of incarceration owned and operated by the state of Utah.

[PRIVATE CLUB: /\ private nonprofit corporation or association operating as a social club, recreational, fraternal or athletic association or kindred association organized pursuant to the provisions of the alcoholic beverage control act, Utah Code Annotated title 321\, chapter 5, 'Nhich:

1\. Is organized for the main purpose of on premises consumption of liquor by the membership;

B. Maintains a board or committee authorized to control and conduct the business and social affairs of the association; and

G. Is frequented only by members 'Nho are regular dues paying persons Vlith full club privileges and their duly authorized guests.

1\ private club shall also be licensed as a private club and hold a class D beer license, if applicable, under title 5, chapter 3, article G of this code. 1\ private club shall not include entertainment for its patrons, unless the premises are zoned for and licensed as a cabaret or adult live entertainment business.]

11 PRIVATE JAIL: A place of incarceration established or operated under a contract with the county.

PRIVATE PRISON: A correctional facility established or operated under a contract with the state of Utah under the provisions of the private correctional facilities act, title 64, chapter 130, Utah Code Annotated, as amended.

PROFESSIONAL, BUSINESS OR CIVIC ASSOCIATION HALL: A place intended for conducting the business of a recognized professional, business or civic association. Such activities include planning, training, recordkeeping, social assembly, exercise and relaxation and general meetings. This use specifically does not include the issuance of beer, liquor, [tavern, club] drinking establishment, cabaret or restaurant licenses.

PROTECTIVE HOUSING FACILITY: A facility either:

A. Operated, licensed or contracted by a governmental entity, or

B. Operated by a charitable, nonprofit organization, where, for no compensation, temporary, protective housing is provided to:

1. Abused or neglected children awaiting placement in foster care;

2. Pregnant or parenting teens;

3. Victims of sexual abuse; or

4. Victims of domestic abuse.

SECTION 6. Section amended. Section 15-2-19 of the Ogden Municipal Code is

hereby amended to read and provide as follows:

15-2-19: ["R" DEFINITIONS:]

REASONABLE ACCOMMODATION: A change in a rule, policy, practice, or service necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling. As used in this definition:

Equal Opportunity: Achieving equal results as between a person with a disability and a nondisabled person.

Necessary: The applicant must show that, but for the accommodation, one or more persons with a disability likely will be denied an equal opportunity to enjoy housing of their choice.

Reasonable: A requested accommodation will not undermine the legitimate purposes of

12 existing zoning regulations notwithstanding the benefit that the accommodation would provide to a person with a disability.

RECREATIONAL COACH: A vehicle such as a recreational trailer, tent camper trailer, truck camper, travel trailer, camp car or other vehicle with or without motive power, designed and/or constructed to travel on the public thoroughfare in accordance with the provisions of the Utah Motor Vehicle Code, and designed for the use of temporary human habitation.

RECREATIONAL COACH PARK: Any area or tract of land or a separate designated section within a manufactured home park where one or more spaces are rented or held out for rent to owners or users of recreational coaches for a temporary time not to exceed two (2) weeks.

RECREATIONAL COACH SPACE: A plot of ground within a manufactured home park designated and intended for the accommodation of one recreational coach.

RECYCLABLE MATERIALS: Reusable material, including, but not limited to, glass, plastics and synthetic materials, paper products such as newspaper, stationery, scrap paper, computer paper and corrugated cardboard, rubber, batteries, ferrous and nonferrous metals, concrete, asphalt, wood, building materials, or any "junk or salvage material", as defined herein, which are intended for reuse, remanufacture, or reconstitution for the purpose of using in altered form. Recyclable material does not include refuse or hazardous materials nor does it include coins, precious metals or commercial grade precious metals if they are the sole recyclable material.

RECYCLABLE MATERIALS, LIMITED: Aluminum cans, plastic, or scrap paper such as newspapers, stationery, computer paper, or magazines, but not including cardboard materials or boxes.

RECYCLING COLLECTION CENTER: A facility located in an enclosed building for the acceptance by donation, redemption, or purchase, of recyclable materials, which have been source separated by type by the person who last used the material. Such facility may allow limited compacting or crushing of recyclable materials and may allow temporary outdoor storage of such recyclable materials if stored in weather resistant containers.

RECYCLING DROP OFF STATION: A facility maintained in connection with another use consisting of reverse vending machines or unattended weather resistant containers that are provided for collection of limited recyclable materials which have been source separated by type by the person who last used the material. A recycling drop off station shall not include weather resistant containers located on a residential, commercial or manufacturing designated parcel used solely for the collection of recyclable material generated on the parcel.

RECYCLING PROCESSING CENTER: A facility that accepts, stores or processes

13 recyclable materials, whether or not maintained in connection with another business. Processing includes baling, briquetting, crushing, compacting, grinding, shredding, sawing, shearing, and sorting of recyclable materials and the heat reduction or melting of such materials. Recycling processing center includes junk or salvage yards where processing of recyclable material is included, but does not include recycling drop off stations or recycling collection stations.

REHABILITATION/TREATMENT FACILITY: A facility licensed by or contracted by the State of Utah to provide temporary occupancy and supervision of individuals (adults/juveniles) in order to provide rehabilitation, treatment, or counseling services. Without limitation, such services may include rehabilitation, treatment, counseling, or assessment and evaluation services related to delinquent behavior, alcohol and drug abuse, sex offenders, sexual abuse, or mental health. Associated education services may also be provided to juvenile occupants.

RESIDENCE, RESIDENTIAL FACILITY: Any building or portion thereof where an individual is actually living at a given point in time and intends to remain, and not a place of temporary sojourn or transient visit.

RESIDENTIAL CHICKEN: A female domesticated fowl of the genus Gallus, commonly referred to as a hen chicken.

RESIDENTIAL FACILITY FOR ELDERLY PERSONS: A dwelling unit that is either owned by one of the residents or by an immediate family member of one of the residents, or is a facility for which the title has been placed in trust for a resident; and is occupied on a twenty four (24) hour per day basis by eight (8) or fewer elderly persons in a family type arrangement, together with any incidental domestic staff. A "residential facility for elderly persons" shall not include any facility:

A. Which is operated as a business; provided, that such facility may not be considered to be operated as a business solely because a fee is charged for food or for actual and necessary costs of operation and maintenance of the facility;

B. Where persons being treated for alcoholism or drug abuse are placed;

C. Where placement is not on a strictly voluntary basis or where placement is part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional institution;

D. Which is a health care facility as defined by section 26-21-2 of the Utah Code; or

E. Which is a residential facility for persons with a disability.

RESIDENTIAL FACILITY FOR PERSONS WITH A DISABILITY: A residence in which more than one person with a disability resides, together with any incidental domestic staff, and which is:

14 A. Licensed or certified by the Department of Human Services under title 62A, chapter 2, of the Utah Code, Licensure of Programs and Facilities; or

B. Licensed or certified by the Department of Health under title 26, chapter 21, of the Utah Code Health Care Facility Licensing and Inspection Act.

RESIDENTIAL GARAGE SALES OR YARD SALES: The occasional sale of surplus household goods or furnishings as a use accessory to a dwelling. Sales held more frequently than three (3) days in any one calendar quarter shall be considered a retail use and not "occasional" in nature, nor a use accessory to a dwelling. A residential garage sale or yard sale shall not include goods or property:

A. Acquired for the purpose of resale, barter or exchange; or

B. Manufactured or repaired for the purpose of sale as part of a home occupation.

RESIDENTIAL VACATION RENTAL: Use of a dwelling unit for temporary sojourn or transient visit for a period of up to thirty (30) consecutive days by a person or group of people whose primary residence is at another location; who provide compensation, in any form, in exchange for occupancy; and where meals or food are not provided.

RESTAURANT: A place of business where food and beverages are prepared, served and sold for human consumption. A restaurant [shall] does not include a business:

A. Engaged in the sale and consumption of alcoholic beverages unless licensed by the City and the State of Utahht

B. [nor shall it include] That provides entertainment for its patrons unless zoned for and licensed as a cabaret or adult live entertainment business[.,.]; or

C. Where the annual revenue from the sale of food is less than the annual revenue from the sale of alcoholic beverages.

RETAIL TOBACCO SPECIALTY BUSINESS: A commercial establishment in which:

A. The sale of tobacco products accounts for more than thirty five percent (35%) of the total annual gross receipts for the establishment;

B. Food and beverage products excluding gasoline sales, is less than forty five percent (45%) of the total annual gross receipts for the establishment; and

C. The establishment is not licensed as a pharmacy under title 58, chapter 17b, Pharmacy Practice Act of the Utah Code.

Tobacco products for sale in a retail specialty business are defined as:

15 A. Any cigar, cigarette or electronic cigarette as defined in section 76-10-101, Utah Code Annotated;

B. A tobacco product as defined in section 59-14-102, Utah Code Annotated, including chewing tobacco or any substitute for a tobacco product including flavoring or additives to tobacco;

C. Tobacco paraphernalia as defined in section 76-10-104.1, Utah Code Annotated;

D. Liquid for producing vapor in electronic cigarettes, regardless of whether such liquid contains nicotine.

RETIREMENT HOME: A residential facility designed, occupied and intended for residents fifty (50) years of age or older, where common facilities for cooking and dining are available to all residents and independent facilities are provided for living, sleeping and sanitation.

REVERSE VENDING MACHINE: An automated mechanical device, maintained in connection with another use, which accepts at least one or more types of limited recyclable materials and issues a cash refund or a redeemable credit slip. A reverse vending machine may sort and process containers mechanically; provided, that the entire process is enclosed within the machine.

SECTION 7. Section amended. Section 15-2-21 of the Ogden Municipal Code is

hereby amended to read and provide as follows:

15-2-21: ["T" DEFINITIONS:]

[TAVERN: Any business establishment engaged primarily in the retail sale or distribution of beer to public patrons for consumption on the establishment's premises, in accordance '.vith Utah Code Annotated title 32/\, chapter 10, of the alcoholic beverage control act of the state of Utah, and holding a class C beer license under title 5, chapter 3, article C of this code. The term "tavern" is inclusive of beer bars, beer parlors, lounges, cabarets, and nightclubs 'Nhere the main purpose is the sale of beer and mix for drinks to public patrons and the revenue from the sale of beer and mix for drinks exceeds the revenue from the sale of food; provided, that a tavern shall not include entertainment for its patrons or customers unless zoned for and licensed as a cabaret or adult live entertainment business.]

TELEVISION SATELLITE ANTENNA (OR DISH ANTENNA): A combination of an antenna or dish antenna whose purpose is to receive communication or other signals from orbiting satellites; a low noise amplifier (LNA) which is situated at the focal point of the receiving component and whose purpose is to magnify and transfer signals; and

16 coaxial cable whose purpose is to carry the signals into the interior of the building.

TEMPORARY AUTOMOTIVE SUMMER SALES IN COMMERCIAL PARKING LOTS: The occasional sale of automobiles, trucks or RVs on a shopping center or large store parking lot in the C-2 or C-3 zones, so long as:

A. The sale takes place from March 1 to and including September 30;

B. The space used must not exceed twenty five percent (25%) of the available parking at that location;

C. The person engaging in the sale must have a permanent retail location within Weber County and show that such person is a dealer licensed by the state; and

D. Any sale shall not last longer than fourteen (14) days; provided, that no dealer may conduct more than one 14-day sale or two (2) 7 -day sales per calendar year, per location.

TEMPORARY BUSINESS: A permitted wholesale or retail business conducted on a lot without a permanent building or on a lot with a permanent building but disassociated with any business located within said building.

THEATER, INDOOR PICTURE: A building or part of a building devoted to the showing of moving pictures on a paid admission basis.

THEATER, OUTDOOR DRIVE-IN: An open lot or part thereof, with its appurtenant facilities devoted primarily to the showing of moving pictures, on a paid admission basis, to patrons seated in automobiles.

TITLE LENDER: A person engaged in the business of making loans or transactions that are:

A. Secured by the title to a:

1. Motor vehicle, as defined in Utah code section 41-6a-1 02;

2. Mobile home, as defined in Utah code section 41-6a-1 02; or

3. Motorboat, as defined in Utah code section 73-18-2.

B. "Title loan" includes a title loan extended at the same premises on which any of the following are sold:

1. A motor vehicle, as defined in Utah code section 41-6a-1 02;

2. A mobile home, as defined in Utah code section 41-6a-102; or

3. A motorboat, as defined in Utah code section 73-18-2.

17 "Title loan" does not include:

1. A purchase money loan;

2. A loan made in connection with the sale of a motor vehicle, as defined in Utah code section 41-6a-102; a mobile home, as defined in Utah code section 41- 6a-1 02; or a motorboat, as defined in Utah code section 73-18-2; or

3. A loan extended by an institution listed in Utah code section 7-24-305.

TOWING OR IMPOUND LOT: A secure facility where a licensed tow truck operator temporarily stores vehicles, belonging to another, which have been damaged, disabled, abandoned, seized, or impounded.

TRADE OR VOCATIONAL SCHOOL: A post-high school educational or vocational training facility.

TRANSITIONAL HOUSING FACILITY: A facility owned, operated or contracted by a governmental entity or a charitable, nonprofit organization, where, for no compensation, temporary housing (for usually 3 to 24 months, but in no event less than 30 days) is provided to homeless persons, while they obtain work, job skills, or otherwise take steps to stabilize their circumstances. A transitional housing facility shall not include a shelter for the homeless. A dwelling unit provided to a family for their exclusive use as part of a transitional housing program, for more than thirty (30) days, shall not be considered to be a transitional housing facility.

TREE, LARGE, MEDIUM, OR SMALL: A tree designated by the city urban forester or in the city arboricultural regulations as being of a particular size.

TREE, SIGNIFICANT: An existing tree in healthy condition and having a minimum caliper of four inches (4") or greater as measured by industry standards.

SECTION 8. Section amended. Section 15-6-3 of the Ogden Municipal Code is

hereby amended to read and provide as follows:

15-6-3: [NONCONFORMING USES:]

A nonconforming use is a use of land, including the use of any building or structure located thereon, that legally existed before its current land use designation, has been maintained continuously since the time the land use ordinance governing the land changed, and because of one or more subsequent changes to the zoning ordinance, or other land use ordinance, does not conform to the regulations that now govern the use of the land. Nonconformity as to regulations governing the use of land such as area or

18 density requirements or parking requirements established as a minimum requirement for the use of land in the applicable zone shall render any structure located on the land to be both a noncomplying structure and a nonconforming use. For purposes of this chapter, an expansion to such structure where the use is otherwise allowed in the applicable zoning district shall be reviewed under subsection 15-6-28 of this chapter. If the use is not otherwise allowed in the applicable zoning district, the expansion shall be reviewed under subsection 8 of this section.

A [Right Of Use:] Except as otherwise provided herein, a nonconforming use may be continued by the present or any future owner.

B. [Expansion Of Use:]

1. Building Or Structure:

a. A nonconforming use may be extended through the same building or structure provided no structural alteration of the building is proposed or made for the purpose of the expansion.

b. A building or structure nonconforming as to use regulations shall not be added to or enlarged in any manner if the expansion involves any structural alterations of the building unless the director finds that such expansion is otherwise authorized under subsection 15-6-2B of this chapter, or except by issuance of a nonconforming use permit by the planning commission. The planning commission shall find that:

(1) The expansion of the use would not adversely impact the surrounding properties;

(2) The proposed expansion is compatible with the surroundings;

(3) The site of the proposed expansion conforms to all site development requirements as much as physically possible given existing site limitations;

(4) The proposed expansion shall not create new nonconformities or conditions of noncompliance; and

(5) No expansion of a nonconforming use shall be allowed which would extend beyond the original lot or tract of land.

2. Land: The nonconforming use of land, not related to the nonconforming use of a building or structure, shall not be expanded or extended.

C. [Change Of Nonconforming Use:] The nonconforming use of a building or structure may not be changed to another nonconforming use, except by issuance of a nonconforming use permit by the planning commission. No change of use shall be permitted if the new use is more intensive than the existing use in its zoning

19 classification and its nature or character. A use shall be considered to be more intensive in its zoning classification if it is not allowed as a permitted use either in the zone where the existing nonconforming use is first allowed as a permitted use or in a more restrictive zone. The planning commission shall find that the proposed change of use:

1. Would not adversely impact the surrounding properties more than the existing nonconforming use;

2. Would not intensify the use of the site or impacts to the neighborhood;

3. Would not change the character of the existing building or site unless the change would make the building or site more compatible with the surroundings and existing zoning; and

4. Any site development meets all site development requirements as much as physically possible, given existing site limitations.

D. [Damage Or Destruction Which Affects Use:] A building or structure which contains a nonconforming use and is involuntarily damaged or destroyed by fire, flood, wind, earthquake or other natural disaster or calamity may be restored or rebuilt and the occupancy or use of such building, structure or part thereof, which existed at the time of such destruction, may be continued or resumed; provided, that such restoration shall be started within a period of one year and diligently pursued to completion. In restoring such building or structure, the nonconforming use shall not be changed, enlarged or expanded except in accordance with the other provisions of this chapter and the following:

1. The reconstruction and reuse of the structure shall not change the character of the neighborhood by using construction materials that did not exist previously on the building; provided that other building materials may be approved by the director if the materials are determined to be compatible with the neighborhood and make the building or site more compatible with the surroundings;

2. The reconstruction shall not expand the floor area of the use, increase its intensity or expand accessory uses from what had previously existed; and

3. The new construction shall meet all site development requirements as much as physically possible, given existing site limitations and the existing development before damage occurred.

E. [Signs; Permitted For Nonconforming Use:]

1. Residential Zones:

a. A nonconforming use located in a residential zone is allowed one business sign of a maximum of sixteen (16) square feet.

20 b. A nonconforming use located in a residential zone fronting on an arterial street is allowed a maximum of two (2) square feet per linear foot of building frontage on the arterial. Sign types are limited to a maximum of two (2) of the following types: wall sign, monument sign, or awning sign. No single sign shall be larger than one hundred twenty (120) square feet and the total of all signage shall not exceed two hundred (200) square feet.

c. Any sign associated with a nonconforming use in a residential zone: may be lighted only by exterior lighting; if a freestanding or a monument sign, shall not be higher than six feet (6') and not closer than ten feet ( 10') to the property line if parallel to the street or twenty feet (20') if perpendicular to the street; and shall not extend above the roof or parapet wall if the sign is a wall sign.

2. All Other Zones: A nonconforming use located in any zone other than residential may have such signs as permitted in the outdoor sign code (title 18 of this code) for the zone in which the use is located.

F. [Loss Of Right:]

1. A nonconforming use of a building or structure shall be terminated if the building or structure in which the use is located is allowed to deteriorate to a condition that the structure is rendered uninhabitable and is not repaired or restored within six (6) months after written notice to the property owner that the structure is uninhabitable and that the nonconforming use shall be lost if the building or structure is not repaired or restored within six (6) months.

2. A nonconforming use of a building or structure shall be lost if the property owner voluntarily demolishes a majority of the building or structure that houses the nonconforming use.

3. The nonconforming use of a building, structure or tract of land that has been abandoned shall be terminated and the building or structure not occupied or used thereafter except in conformance with the present use regulations of the zone in which it is located. Any party claiming that a nonconforming use has been abandoned shall have the burden of establishing the abandonment.

4. A use shall be presumed to be abandoned if:

a. A majority of the primary structure associated with the nonconforming use has been voluntarily demolished;

b. The use has been discontinued for a continuous period of one year; or

c. The primary structure associated with the nonconforming use remains vacant for a continuous period of one year, excluding vacancies due to:

(1) Remodeling or renovation under a valid building permit, or

21 (2) Pending court actions which affect occupancy or possession of the property, i.e., probate, ownership disputes.

5. The property owner may rebut the presumption of abandonment under subsection F4 of this section and shall have the burden of establishing that any claimed abandonment has not in fact occurred.

6. The nonconforming status of a school district or charter school use or structure shall terminate when the property associated with the school district or charter school use or structure ceases to be used for school district or charter school purposes for a continuous period of one year. Such termination shall not prevent the reuse of such building or structure under the other provisions of this chapter.

G. [Reuse Of Residential Structures In Residential Zone:] If a right to use land nonconforming as to area or density requirements of residential uses is lost pursuant to subsection F of this section, the residential buildings shall not thereafter be occupied or used except in conformance with the area or density requirements of the respective zone, except as otherwise provided in this section or except as follows:

1. The loss of right shall not prohibit the use of an existing residential building as a single-family dwelling in any zone permitting said use.

2. The loss of right shall not prohibit the use of an existing residential building located in other than a residential zone.

H. [Reuse Of Nonresidential Structures:]

1. Reuse Of Commercial Style Building In A Residential Zone: Structures that were originally designed as commercial buildings, including a dwelling on the same lot as the commercial building and traditionally associated with the commercial use, may take advantage of this provision in order to establish a reuse of the buildings. This provision applies to all residential zones and is intended to be used as a method of providing uses in buildings which were originally designed to house commercial uses or that have a commercial building as part of the parcel or lot.

a. Allowed Uses: If the use is not specifically listed below it is not permitted as a reuse option of the property and buildings.

(1) Services:

Altering, pressing and repairing of wearing apparel.

Business and professional offices.

Dance rehearsal or instructional halls for the performing arts.

22 Daycare centers or adult daycare facility, provided:

(A) The facility shall conform to the occupancy requirements of the current building code, as adopted by title 16, chapter 2 of this code, or its successor provisions, whenever more than six (6) persons are cared for; and

(B) Child daycare centers shall include outdoor play areas with a minimum of seventy five (75) square feet of area for each child using the area at one time, and shall be completely enclosed.

(i) Screening, planting or solid fencing around portions of playground areas adjoining residential dwelling uses is required if the planning commission determines it is necessary to minimize visual and noise impacts; and

(ii) The planning commission may require that playground equipment be placed in a location which will minimize visual and noise impacts and prevent trespassing on adjacent properties.

Hairdressers, barbershops, manicurists, tanning salons.

Laundromat.

Photo studio.

Residential vacation rental, provided that a vacation rental under this provision:

(A) May be either owner occupied or nonowner occupied; and

(B) For a building in a single-family residential zone, is not subject to any provision restricting nonowner occupied rentals to one per linear block.

Tailor.

Travel agency.

(2) Sales:

Antique, import or souvenir shop.

23 Art and artist supply store.

Automobile service station, provided it is in a structure originally built for service stations.

Bookstore, retail.

Camera store.

Clothing and accessory store.

Fabric and textile store.

Florist shop.

Garden supplies and plant material sales within the confines of the building.

Gift store.

Grocery store, including stores which may specialize in certain types of food products such as dairy, bakery or health foods.

Ice cream parlor.

Needlework, embroidery and knitting store.

On-line sales.

Pharmacy.

Restaurant.

Shoe store.

Small distribution center or warehouse only when the building has existing overhead delivery doors designed for truck pull-in, provided that this use may not exceed fifty percent (50%) of the building floor area.

Toy store, retail.

(3) Residential:

Single-family dwelling. b. Common Requirements For All Reuses:

24 ( 1) Because of the location of the commercial style building in the heart of the neighborhood, no expansion of the building is allowed on the lot nor is building expansion or parking allowed on adjacent lots.

(2) No use is allowed to install a drive-up window or pick up window. All transactions of exchange of merchandise must take place inside the building.

(3) Exterior wall materials may not be replaced with new materials that do not match the existing or original materials. No exterior alterations are permitted which alter the original character of the building.

(4) Before the new use can occupy the structure the building must meet all property maintenance and building codes applicable to the use. Existing areas of landscaping must be maintained whether on the property or in the public right of way.

(5) Any exterior service areas such as dumpster locations, delivery areas other than the front door, and garbage pick up areas shall be located out of the public view and in a location that is protected from visibility and smell by adjacent neighbors. No trash compacting devices may be located outside of the original building.

(6) Eighty percent (80%) of the area of ground level windows shall remain clear of posters, banners, or other materials or objects which block views through the window. Ordinary window coverings of the type of use permitted, such as curtains, drapes or blinds are excluded from this requirement.

(7) For all uses except restaurants and vacation rentals the hours of operation are limited to eight o'clock (8:00) A.M. to seven o'clock (7:00) P.M. Restaurant hours of operation are limited to six o'clock (6:00) A.M. to ten o'clock (1 0:00) P.M.

(8) With the exception of outdoor dining, all uses and storage must be contained inside the building.

(9) For the warehouse use, deliveries are limited to regular business hours and delivery and pick-up vehicles exclude semi tractor-trailers.

c. Application: Application for the use permit may be filed by the owner of the property for which the use is sought or an authorized representative. If the reuse proposes no changes to the site, the building exterior other than normal maintenance, or the use of outdoor areas, the request shall be submitted to the development services counter for normal site plan review and approval. If changes are proposed to the site, or to the building exterior in seeking to

25 restore the exterior to the original design, the approval request will be submitted for review by the planning commission. d. Basis For Planning Commission Approval: The planning commission may approve the application for site or exterior revisions based on the following provisions:

(1) Landscaping: The planning commission may require whatever landscaping is necessary to integrate the building into the neighborhood, or to provide visual buffers for parking or outdoor uses on the site. Parkway strips shall be landscaped unless used for existing parking. In such instances, the planning commission shall determine the amount of parkway which needs to be landscaped.

(2) Parking: The property will be considered as having nonconforming parking rights and any of the listed permitted uses will be allowed without requiring additional parking. Any proposed new parking must meet the requirements for parking as listed in chapter 12 of this title. However, the planning commission may approve a lesser amount if it finds that:

(A) A building occupies the entire site or the existing site limitations would restrict additional parking; and

(B) The reduction of such parking is not detrimental to the neighborhood.

(3) Building Exterior: When building exterior changes are proposed the planning commission shall determine if the changes alter the original or existing character of the building. If the changes bring the building back to its original design based on pictorial or physical evidence the revisions may be approved. e. Signs:

(1) Except as provided in subsection H1e(3) of this section, signage shall be attached to the front face of the building and is limited to a maximum of forty (40) square feet.

(2) Signs shall not be internally or externally lighted unless the proposed use is located on Harrison or Washington Boulevard and the planning commission determines such lighting will be compatible with the surrounding neighborhood.

(3) The use may reuse existing sign structures that are:

(A) Sixty (60) square feet or less in size;

26 (B) No taller than the height of the building on the lot where the sign is located; and

(C) Not internally or externally lighted unless the sign is on Harrison or Washington Boulevard.

(4) Existing freestanding signage that does not meet the requirements of subsection H1e(3) of this section shall be removed and has no nonconforming rights.

(5) Electronic message display signage is not allowed.

2. Reuse Of A Permitted Nonresidential Building In Residential Zones: Buildings which were constructed in a residential zone but were intended for permitted nonresidential usage such as public or private schools, churches, fire stations, libraries, public buildings or recreational facilities may be reused either as a use permitted in the zone or by approval of a conditional use permit by the planning commission for one of the following uses:

a. Conditional Uses:

Art galleries and museums.

College or university extension, provided parking is provided at the rate of one space per teacher and staff member, plus one space per two (2) students of the largest attendance period.

Community and senior citizen center.

Community cultural activities, including theater and dance rehearsal or instructional halls for the performing arts and performing arts theaters.

Daycare centers, provided:

(1) The facility shall conform to the occupancy requirements of the current building code, as adopted by title 16, chapter 2 of this code, or its successor provisions, whenever more than six (6) children are cared for;

(2) Outdoor play areas shall be provided with a minimum of seventy five (75) square feet of area for each child using the area at one time, and shall be completely enclosed. The planning commission shall require screening, planting or solid fencing around portions of playground areas which adjoin residential dwelling uses if they determine it is necessary to minimize visual and noise impacts;

27 (3) The planning commission may require that playground equipment be placed in a location which will minimize visual and noise impacts and prevent trespassing on adjacent properties; and

(4) The hours of operation may be restricted to assure compatibility with surrounding neighborhood.

Dwelling units at the density permitted by the underlying zone.

Libraries, publicly operated.

Maintenance caretaker residence.

Nursing home.

Personal service business.

Private or educational institution, provided:

(1) Parking is provided at the rate of one space per teacher and staff member, plus one space per two (2) classrooms;

(2) Play areas shall be screened with a minimum six foot (6') high screening fence;

(3) The planning commission may require that playground equipment be placed in a location which will minimize visual and noise impacts and prevent trespassing on adjacent properties.

Professional and business office.

Professional, business or civic association hall; provided, that within thirty (30) days of the issuance of a conditional use permit, a neighborhood liaison committee shall have been established with representation from neighborhood property owners, to consider and make recommendations on complaints and concerns of neighbors, should they arise. The applicant shall submit a statement explaining the proposed makeup and operating procedures of this committee at the time of conditional use permit application.

Public building.

Retirement home, provided parking at 0.35 space per room, plus one space per employee on the highest shift.

Trade and vocational schools, provided parking is provided at the rate of one space per three (3) students plus one space per employee at capacity class attendance. 28 b. Specific Development Standards: In reviewing the request, the development shall meet the following standards and procedures for application:

(1) Height limits of the underlying zone shall apply;

(2) No parking shall be permitted in the required front yard or the side yard on the side street or corner lots;

(3) Building usage shall be limited to the amount of available off street parking;

(4) Off street parking for all building users shall be as stated herein or calculated based on the provisions set forth in chapter 12 of this title;

(5) All yard areas not covered by buildings or required off street parking shall be landscaped with living plant material and properly maintained;

(6) In cases where no space exists on site for off street parking, for buildings other than dwellings, parking may be provided off site, but within five hundred feet (500') of the site.

c. Signs:

(1) The total area of all signs on the property shall be limited to one square foot of sign area for each two hundred fifty (250) square feet of gross floor area in a building or group of buildings in a common parcel;

(2) If the signs are illuminated, they shall be shielded so direct rays from the light do not impact surrounding properties.

d. Site Plan Submittal:

(1) Application for a conditional use shall include a list of the uses of conversion and conditions, a site plan showing the existing conditions, any proposed structural modifications, existing and proposed parking and access, abutting right of way width and street and sidewalk improvements, fire access, existing vegetation and proposed landscaping, signs and exterior lighting;

(2) A declaration of the reasons justifying the proposed conversion and the steps taken to eliminate adverse impacts upon the neighborhood;

(3) Disclosure of actions taken to explore feasibility of conversion to permitted uses, and alleged difficulties which inhibit conversion to a permitted use. e. Basis For Issuance Of A Conditional Use Permit: In addition to the standard conditions for issuing a conditional use permit listed in section 15-7-4 of this

29 title, the planning commission shall not authorize a conditional use permit unless evidence is presented to establish:

(1) That the converted use will not adversely impact the desirability, stability and character of the areas in which it is located; rather it will promote the desirability and character by rehabilitative improvements upgrading the structure and neighborhood; and

(2) That the purposes of the general plan are promoted, while encouraging, where appropriate, the conversion of vacant, nonresidential structures in residential zones to enhance rather than adversely impact the character and social fabric of neighborhoods; and

(3) That necessary provisions have been taken to provide adequate hard surfaced off street parking, landscaping, screening and lighting; preservation of open space, streetscapes, and to ensure that the building meets all codes for occupancy, when considering the following:

(A) The size and scale of the building, in connection with the intensity of the proposed use;

(B) The relative location of the building in the neighborhood, i.e., on the edge or the interior of the neighborhood, a corner or mid block lot;

(C) The size, type and condition of the street providing access to the property;

(D) The convenience of access to public transportation.

(4) In considering applications for conditional use, the planning commission may impose such conditions as it deems appropriate to achieve the delicate balance of underlying purposes. This may include, but not be limited to, requiring bonding of proposed improvements, limiting the amount of floor space devoted to a particular use, establishing hours of operation, fencing requirements and deferring action for up to one year to allow the applicant to explore alternatives of permitted uses or to offer it for sale for a permitted use before further consideration by the planning commission.

I. [Reuse Of Historic Building:]

1. Purpose: This special use provision is intended to be used as a "last resort" method of preserving a historic building listed as an individual site on the Ogden City register of historic resources. Special uses will be granted only in exceptional cases when permitted or conditional uses in the underlying zone do not allow any economically beneficial zoning use or the original use of the historic building. This subsection does not apply to buildings within the Jefferson or Eccles historic districts.

30 2. Special Use In Historic Buildings: In any zone, the planning commission may permit as a special use in historic buildings, the following uses:

Art center or museum.

Bed and breakfast inn.

Multiple-family dwelling units only when the underlying zoning designation permits them.

Professional and business offices and accessory uses.

Single-family home, if the building was originally constructed as a single-family home.

3. Mixed Use: In some situations, the planning commission may feel that a combination of residential or office space is desirable and that this mixture would not negatively affect the architectural integrity of the building. Since the purpose of this combination would be to mitigate some of the adverse impacts the professional office or uses have on the residential neighborhood, housing units should occupy more than fifty percent (50%) of the building to maintain a strong residential character. Office use should supplement the housing. The number of units shall not exceed that which is allowed in the residential zone in which the structure is located.

4. Application: Application for special uses may be filed by the owner of the property for which the special use is sought or an authorized representative.

5. Basis For Issuance Of Special Use Permit: The planning commission may approve an application for special use if the facts presented are such to establish:

a. That such use or feature as proposed will not be detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity, or injurious to property, improvement, or potential development in the vicinity, with respect to aspects including, but not limited to, the following:

(1) The size, shape and arrangement of structures;

(2) The accessibility and traffic patterns for persons and vehicles, the type and volume of such traffic, and the adequacy of proposed off street parking and loading;

(3) The safeguards afforded to prevent noxious or offensive emissions such as noise, glare, dust and odor; and

(4) The desirability of providing landscaping, screening, open spaces, parking and loading areas, service areas, lighting and signs. 31 b. That such use or feature as proposed will comply with the applicable provisions of this title and will not adversely affect the general plan.

c. That such proposed use or feature is conducive to the preservation of the historic and/or architectural characteristics of the building.

6. Requirements:

a. Listed Historic Register: Property must be listed on the Ogden City register of historic resources. Buildings identified as eligible on the Central Bench historic district map and not listed as individual resources on the local register may be considered for reuse as multi-family dwellings only and not for the other uses described in subsection 12 of this section.

b. Justification: Owner must submit written justification as to why this property should qualify for a special use under the provisions of this subsection. Such justification shall indicate:

(1) What efforts have been made to comply with existing zoning as to permitted or conditional uses. When considering a special use that is for multiple-family use no special use will be considered if the proposed residential density is the maximum allowed by the zone;

(2) How the building's exterior architectural character and setting would be damaged by the allowable uses in the zone and how they will be preserved through the special use provided in this title;

(3) How the building is substantially different from similar historic buildings in the neighborhood which do comply to the existing zoning ordinance and what special considerations warrant a special use; and

(4) What way this use would enhance the neighborhood and meet the objectives of the general plan.

c. Project Formulations And Supervision: An architect with preservation expertise shall be retained by the owner to formulate and supervise a rehabilitation program for the exterior if such work is proposed.

d. Landscaping: The planning commission shall require whatever landscaping it feels is necessary to integrate the building into the neighborhood, or to provide visual buffers for parking on the site in relation to adjacent properties and the street. In no case will a special use be permitted if the site design meets only the minimum standards of the ordinance regarding landscaping and the amount of open space.

e. Parking: Any residential or commercial use must meet the required off street parking requirements as listed in chapter 12 of this title.

32 f. Signs: Flat, or identification and information signs will be permitted. The sign must be designed to be complementary to the structure in terms of its size and placement, but not to exceed sixteen (16) square feet.

7. Landmarks Commission Review: The owner should be aware that, in addition to presenting a proposal to the planning commission for review of the special use, any proposed exterior alterations to a historic building listed on the Ogden City register of historic resources must also be presented to the landmarks commission which will review exterior alterations to any structures or the installation or alteration of signs. The proposal will be reviewed on the basis of the landmarks commission standards and guidelines for rehabilitation. This review must be prior to the planning commission review for the special use.

J. [Nonconforming Rights Applicable To Sexually Oriented Businesses:]

1. By virtue of ordinances 2000-38, 2000-39, and 2000-40, adopted July 18, 2000 (hereinafter "the date of passage"), cabarets meeting the definition of adult live entertainment businesses on the date of passage were given until January 2, 2001, to obtain a sexually oriented business license or conform operations to new requirements for cabarets. Qualifying cabarets meeting the separation requirements of subsection 15-13-13C of this title may continue as a nonconforming adult live entertainment business at the existing location under the provisions of this section and this chapter, if the premises are licensed as a sexually oriented business by January 2, 2001, under title 5, chapter 15 of this code.

2. Any adult business or adult live entertainment business, including a qualifying cabaret, which does not meet the separation requirements of subsection 15-13- 13C of this title, but which was constructed, operated, maintained and licensed in compliance with all existing or previous ordinances governing sexually oriented uses, may continue as a nonconforming use at the existing location until April 30, 2010 (the "compliance period"). Upon petition to the mayor filed on or before February 15, 2010, an extension of the compliance period may be granted for up to an additional three (3) years, until no later than April 30, 2013, to amortize an owner's or lessee's unrecovered investment in the nonconforming use or upon a finding of extreme financial hardship. No amortization or claim of extreme financial hardship is allowed to recover either a decrease in lease revenue or a decrease in property value resulting from the termination of the nonconforming use.

a. The time period during which an owner or lessee may amortize and recover the amount of the unrecovered investment in the nonconforming use shall be determined by dividing the unrecovered investment value by the average monthly net income from the property. The resulting figure is the number of months after the compliance period, not to exceed thirty six (36) months, which the owner or lessee shall have to recover his investment in the nonconforming use. For the purposes of this subsection, the following

33 definitions shall apply:

AVERAGE MONTHLY NET INCOME: The average monthly lease payment or, if the property is not leased, the average net monthly income after reasonable operating expenses from September 1, 2008 to August 31, 2009.

UNRECOVERED INVESTMENT VALUE: Any capital improvements installed by the property owner or lessee which can only be reasonably used for the nonconforming use, less net income (after reasonable operating expenses) from the property since the improvements were installed. Unrecovered investment value does not include personal property or capital improvements which can reasonably be used for an allowed or conditional use in the zoning district. Capital improvements must have been installed pursuant to a valid building permit and the building permit must have been applied for prior to September 1, 2009.

b. Extreme financial hardship may be established only by a showing that a lessee operating a business or applying for a business license on or before September 1, 2009, who is obligated by a written lease entered into prior to September 1, 2009, and which cannot be voluntarily terminated by the end of the compliance period, will be unduly harmed by termination of the nonconforming use.

3. The following provisions shall apply to the application of the nonconforming use provisions of this chapter, as applied to sexually oriented businesses:

a. Each of the following shall be considered a unique and separate use: adult live entertainment businesses and adult businesses, including adult movie theaters, adult bookstores and adult video stores.

b. No nonconforming use may be changed to a sexually oriented business, nor any building put to reuse as a sexually oriented business under the provisions of this section, unless it fully complies with the use regulations, distance requirements, and site development standards applicable to the type of sexually oriented business.

c. No building arranged or designed for or devoted to a nonconforming sexually oriented business may be extended or enlarged, unless such change is intended to bring the use into compliance with ordinance requirements applicable to the type of sexually oriented business.

d. "Qualifying cabarets", for purposes of this section, shall only apply to licensed [taverns or private olubs] drinking establishments which:

(1) Held a cabaret license on the date of passage hereof; and

34 (2) Provided performers in a "state of seminudity", as such term is defined in title 5, chapter 15 of this code on a regular basis and for a substantial period of time prior to the date of passage.

4. Notwithstanding anything contrary contained in this chapter, the more restrictive standards applicable to nonconforming uses or buildings shall prevail.

K. [Relocation Of Nonconforming Parking Lots In Residential Zones:] Notwithstanding the provisions of subsection B of this section, the planning commission, upon application, may approve the relocation of a nonconforming parking lot provided the commission determines:

1. The parking lot considered for relocation is only used for nonresidential uses in a residential zone that are either permitted by right or are nonconforming uses.

2. The relocation of the parking lot brings the parking physically closer to the use that it serves in order to provide better utilization of the parking, improve the visibility of the lot from the use it serves and decreases the impact of the parking on the surrounding neighborhood.

3. The new parking lot does not increase the number of parking stalls from the lot it is replacing.

4. The replacement lot meets the setback, landscaping and screening provisions of the land use regulations.

5. The physical removal of the parking lot being replaced occurs within sixty (60) days after the completion of the new lot and is secured by a demolition escrow.

L. [Restoration Of Nonconforming Use:] An existing residentially designed building for two (2) or more units in a residential zone that has lost its nonconforming right may by petition to the planning commission be considered for restoration of the nonconforming right to use the building for up to the number of residential units the building was originally built for when it was constructed, provided it is determined by the planning commission that:

1. Reuse of the building for the original number of units it was constructed for would enhance the neighborhood by providing improved housing conditions for the neighborhood, remove nuisance potential to a neighborhood based on the building design and its relationship to surrounding properties in terms of building layout and architectural design;

2. The reuse will not adversely impact surrounding properties by creating parking conflicts;

3. The entire exterior of the building is repaired and repainted (on those wood portions of the building that traditionally are painted) to eliminate any worn or dilapidated features of the exterior of the building

35 4. All lot areas not used for parking or circulation are landscaped and maintained;

5. Building upgrades are made in those areas that are identified in a building report and concurred with by the building official as needed to be made to make the building safe for habitation based on existing codes that focus on the areas of concern of upgrade. The building report shall be made by qualified people (e.g., licensed structural engineer, architect, mechanical engineer, contractor) to determine the condition of the building and premises. This report shall provide the following information:

a. The age of the building.

b. The general condition, useful life and capacity of the building, including the roof, foundations, mechanical system, electrical system, plumbing system.

c. An analysis of the structural elements of the building shall be conducted by a licensed engineer and any deficiencies shall be noted and a plan provided describing how the corrections are to be completed.

d. The property report shall identify how the building and premises will conform to the property maintenance code, as adopted by title 16, chapter 2 of this code, or its successor provisions, including the addition of the following listed items:

(1) All exterior and interior stairs, handrails and guardrails meeting the requirements of current code standards.

(2) Bedrooms provided with emergency egress windows as required by the current building codes.

(3) Smoke detectors and CO detectors installed as required by current building code standards and city ordinance.

(4) Ground fault circuit interrupters (GFCI) and arch fault interrupters installed as required as per current code standard.

(5) The adequacy of the drain, waste and vent systems and the existing water service pressure based on the fixture unit, loading as calculated from the currently adopted plumbing code.

(6) Individual gas and water shutoff valves for each unit and each plumbing fixture within the unit.

(7) Each dwelling provided with its own heating system, except when the building is provided with central water or steam facilities.

(8) Dwelling units within a building provided with means of controlling the temperature within each unit.

36 (9) Each bathroom provided with an operable window or mechanical vent, capable of providing five (5) air changes per hour.

6. After reviewing the information provided at the meeting the planning commission may determine to either approve the restoration of the total number of units originally in the building, approve a lesser number that would mitigate any potential impacts by the restoration of the use or deny the request. In approving the restoration the commission may impose conditions in addition to the building code upgrades it determines are needful to ensure the restoration will not create a nuisance to the neighborhood.

7. If the restoration of the nonconforming right is approved by the planning commission the applicant shall have one year to complete all required improvements to both the building and site that are required as part of the approval. An extension of up to one additional year may be granted by the planning commission upon the showing of good cause that efforts have been made to complete the restoration. The restoration approval shall be void if building permits to do the necessary work are not issued within six (6) months from the restoration approval date.

SECTION 9. Section amended. Section 15-12-3 of the Ogden Municipal Code is hereby amended to read and provide as follows:

15-12-3: [NUMBER OF PARKING SPACES REQUIRED:]

A. [Requirements:] All uses shall provide the number of off street parking spaces listed below. Buildings with more than one use shall provide parking required for each use.

Use Number Of Spaces Required

Single-family 2 side by side parking spaces. If more than 2 domestic staff are employed on a regular basis on the premises of a dwelling or other residential facility, 1 additional parking stall is required for each staff person over 2. If such domestic staff are employed on a shift basis, and no more than 2 staff persons are at the residence during any 1 shift, then no additional parking shall be required

37 2 side by side parking spaces for each dwelling unit ···------More than 4 units 2 stalls per unit. In the CBD and properties within 660 feet (1 block) of the CBD or within 660 feet of mass transit stops/stations measured by legal public walking distance from property line to transit stop, then 1 .5 stalls per unit

Multiple-unit housing for seniors 1 space per unit for the first 30 units, 0.75 space per elderly unit for the next 20 units, and 0.5 space per unit for each unit in excess of 50 in the development

Group living:

Assisted living facility 1 stall per 3 bed capacity ~ ,-·--· ------· ------·- ·------··-·-··--·---- Bed and breakfast stalls for dwelling, plus 1 stall per I uestroom ~B~a-,-di~g ~~~ ..... 0.75 stall per person to whom a room is rented ------···-·------·

1 stall per 500 square feet of building r··-- r··------·------

1 Rehabilitation treatment facility 1 stall per 400 square feet of floor area

Retirement home 1 space per unit for the first 30 units, 0.75 space per elderly unit for the next 20 units, and 0.5 space per unit for each unit in excess of 50 in the development

--~6--;t~-~~;-~~r repair bay of which 4 stalls / per bay may park tandem

38 Car wash, full service

;~-,--~ ~-- ~- ··----~···-··-·- Car wash, self-service ! 1 r·-~~ 1<----~------~----····- 1 Convenience store

-·------· range

station, auto lube center

Retail, entertainment and office:

Banks (including branch and drive­ 1 stall per 300 square feet plus required through) stacking space for drive-through

Dining and drinking establishments stall per 75 square feet of building [(including taverns, private clubs)]

If dancing and/or entertainment is 1 stall per 50 square feet of building provided

;--I:-·-·-·~--·-~·--··--·------·---···-·---~Funeral home, mortuaries and stall per 300 square feet of building crematoriums

General commercial and retail sales 1 stall per 300 square feet plus requirement for storage areas listed above

1 stall per 125 square feet of building

1 stall per 150 square feet of building

Office (including finance, real estate, 1 stall per 300 square feet of building business professional offices, and plus 1 space for each company owned telecommunication facilities with vehicle employees)

with on site warehouse storage

39 10,000 square feet then 1 stall per 10,000 square feet for the remaining

1 space per 75 square feet of building but not less than 5 stalls plus required stacking

·····--·rs~~i·~-~-f~od and beverages for 1 space per 100 square feet of consumption inside a building

1 stall per 5 fixed seats

stall per 40 square feet of gross in the main seating area

Public, quasi-public and institutional:

Adult daycare 1 stall per each employee, plus 1 per 5 clients

1 stall per 5 bed capacity

Community service facilities (e.g., Post 1 stall per 250 square feet of building Office, courts, community health building). All other community service facilities shall be determined by the City based on an analysis of parking requirements for similar uses or on anticipated parking demands

1 stall per 300 square feet of building

1 stall per 40 square feet in primary meeting room

1 stall per 40 square feet of gross floor area in the primary meeting room or assembly area 1 ··-······-·"£{!

40 ~~-~-- ·~-Public or private college or trade or vocational school

Housing associated with schools

Manufacturing and industrial uses:

yards, business services 1 stall per 500 square feet of building

or salvage yards, recycling or 1 stall per employee; minimum of 4 processing centers, and towing or stalls for customers impound lots

r·-~ ~~·-----~~-----~------··-~--··-~------··--~ ~-----~--~-·-·--·~·-~~~·-~-·~-----·--··--·· Laboratories and research and 1 stall per 300 square feet development ' ~M~~~f~ct~;;~Q. Pr~,;.,;;i~g ~;-;~s~;;;b1Y~ 1 stall per 500 square feet of bu-·i··-,·-d-·i~n-g-·

Self-service storage facilities 1 stall per 5,000 square feet of building

Sheltered workshop stall per 1 ,000 square feet of work

r·-~---· -·--···---·-··--~----·~------·----··--~-····-·-·--·---··-·~·----~·-

1 Warehouse with freight movement 1 stall per employee 1 ' TNholesale sales stall per 500 square feet of sales area

B. [Determination Of Requirements For Uses Not Listed:] Off street parking and loading spaces for all land uses not herein specified shall be in accord with probable estimates of need based on an analysis of parking requirements for similar uses or on anticipated parking demands and shall be determined by the Director after study and recommendation which should include all relevant factors, including, but not limited to:

1. Vehicle occupancy studies;

41 2. Comparable requirements from other relevant municipalities;

3. Requirements of comparable uses listed in this chapter;

4. Suitable and adequate means will exist for provision of public, community, group or common facilities;

5. Provision of adequate loading facilities and for a system for distribution and pick up of goods;

6. Use is in the interest of the area to be affected and in the interests of the City at large;

7. Use will not be detrimental to adjacent properties or improvements in the vicinity to the area; and

8. That the proposed use will not confer any special privilege or benefit on the properties or improvements in the area, which privilege or benefit is not conferred upon similarly situated properties elsewhere in the City.

SECTION 10. Section amended. Section 15-13-13 of the Ogden Municipal Code is hereby amended to read and provide as follows:

15-13-13: [SEXUALLY ORIENTED BUSINESSES:]

A [Purpose:] It is the purpose and object of this section that the city establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses or their location in areas deleterious to the community of Ogden, to protect adjoining uses, to provide visibility of parking areas in order to promote management supervision and oversight by law enforcement agencies, and to regulate the signage of such businesses and to control the adverse effects of such signage and prevent inappropriate exposure to the community. This section is to be construed as a regulation of time, place and manner of the operation of these businesses, consistent with the limitations provided by provisions of the United States and Utah constitutions. Except where the context or specific provisions require, this section does not supersede or nullify any other related zoning ordinances. This section, together with the other provisions of this title referencing or duplicating the regulations imposed herein, shall be known and referred to as the SEXUALLY ORIENTED BUSINESS ZONING ORDINANCES.

B. [Definitions:] For the purpose of this section, the following terms shall have meanings defined in this subsection:

EDUCATIONAL INSTITUTION: A public elementary or secondary school, seminary, parochial school or private education institution having a curriculum similar to that ordinarily given in grades one through twelve (12) in a public school system. The

42 term educational institution for the purpose of this section does not include post-high school educational facilities.

HISTORIC BUILDING: A structure which is listed on the Ogden City register of historic resources or the National Register of Historic Places.

HISTORIC DISTRICT: An area containing a significant number of historic buildings which has been designated and listed as a historic district on the Ogden City register of historic resources or the National Register of Historic Places.

PUBLIC PARK: A park, playground, swimming pool, nature reserve, fairground, golf course or athletic field within the city which is owned, operated or maintained by the city or the county.

RELIGIOUS INSTITUTION: A building which is used primarily for religious worship and related religious activities.

SEXUALLY ORIENTED BUSINESSES: An inclusive term used to describe collectively those businesses for which a sexually oriented business license is required, pursuant to the sexually oriented business license chapter, set out in title 5, chapter 15 of this code, which types of businesses include for purposes of this section: outcall services, adult entertainment dancing agencies, adult businesses (an inclusive term including adult motion picture theaters, adult bookstores and adult video stores), and adult live entertainment businesses. This collective term does not describe a specific land use and shall not be considered a single use category for purposes of this title.

C. [Businesses Permitted Where; Separation Requirements:]

1. Outcall services and adult entertainment dancing agencies as such terms are defined in title 5, chapter 15 of this code, shall be permitted uses in areas zoned C-2, C-3 and CBD.

2. Unless otherwise specifically allowed in the use regulations applicable to a specific zoning category, adult businesses and adult live entertainment businesses as such terms are defined in title 5, chapter 15 of this code, shall only be permitted in areas zoned C-3 under chapter 38 of this title, M-1 and M-2 under chapter 21 of this title, subject to the following additional restrictions:

a. No adult business or adult live entertainment business shall be located:

(1) Within a six hundred sixty foot (660') radius of any religious institution, educational institution, public park, public library, the Ogden entertainment subdivision, the Newgate Mall, the Ogden River Parkway trail or the Weber River Parkway trail;

43 (2) Within a one thousand foot (1 ,000') radius of any residential zoning district;

(3) Within six hundred sixty feet (660') of any historic building or district;

(4) Within a one thousand foot (1,000') radius of any other adult business or adult live entertainment business.

3. Distance requirements between structures and uses specified in this subsection shall be measured in a straight line, without regard to intervening structures or zoning districts, from the closest property boundary of the educational institution, park, religious institution, library, mall, subdivision, river parkway trail, zoning district, historic building, historic district, or other sexually oriented business.

4. An adult business or adult live entertainment business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of a sexually oriented business license, within six hundred sixty feet (660') of the adult business or adult live entertainment business, of a religious institution, educational institution, public park or public library, a religious institution, educational institution, public park or public library, a designated historic building or historic district, or the creation of a residential zoning district within one thousand feet (1 ,000'). This provision applies only to the renewal of a valid license and it does not apply when an application for license is submitted after a license has expired or has been revoked.

D. [Additional Site Development Standards:] Notwithstanding anything contrary contained in this title regarding minimum site development standards under chapter 4 of this title or minimum parking standards under chapter 12 of this title, the more restrictive site development or parking standard shall apply. The following additional site development or parking standards shall apply:

1. All parking spaces or parking lots for adult businesses or adult live entertainment businesses shall be:

a. Located on the same lot with the main building; and

b. At a location on the site visible from a public street.

2. Building entrances for customers or patrons shall face or be visible from a public street.

E. [Restrictions On Signage Or Attention Drawing Devices:] Notwithstanding anything contrary contained in title 18 of this code, the more restrictive standards for signs imposed herein shall prevail. Signs for sexually oriented businesses and other devices designed to draw attention to the business shall be limited as follows:

1. No more than one sign shall be allowed on any sexually oriented business premises.

44 2. No sign on the sexually oriented business premises shall be allowed to exceed eighteen (18) square feet.

3. No animation shall be permitted on or around any sexually oriented business sign, or on the exterior walls or roof of the premises.

4. No descriptive art or designs depicting any activity related to, or inferring, the nature of the business shall be allowed on any sexually oriented business sign, which shall contain alphanumeric copy only.

5. Only flat wall signs shall be permitted for any sexually oriented business.

6. No painted signs or painted wall advertising shall be allowed, including any signage or advertising painted on the inside of any window or other translucent material which is visible from the outside of the building.

7. The building and the premises of the sexually oriented business shall be kept free of any temporary signs or banners, as such terms are defined in title 18 of this code.

8. The premises of the sexually oriented business shall be kept free of vehicles or trailers displaying sign age that identifies the name of the business, displays descriptive art or designs depicting any activity related to, or inferring, the nature of the sexually oriented business, or otherwise draws attention to the business or the business location; provided that signage on the driver door or front passenger door of a business vehicle shall not be prohibited.

9. No searchlights or other outdoor activities or promotional events that draw attention to the business or the business location shall be allowed on the premises.

10. Outdoor lighting shall be designed to direct all light toward the ground and all light poles shall be restricted to a height of twenty feet (20'). This provision is not intended to restrict the seasonal use of nonflashing, miniature lighting on trees or shrubs.

11. No outdoor music or use of a "sound amplification device", as defined in title 12, chapter 14 of this code, shall be used to draw attention to the business or business location.

F. [(Taverns And Private Clubs:] Drinking Establishment:] If a proposed [tavern or private club] drinking establishment is already licensed as an adult live entertainment business, or if approvals are being sought for both uses concurrently, it shall be presumed that any location in a zone allowing a [tavern or private club] drinking establishment and meeting the distance requirements for an adult live entertainment business, is an appropriate location for a [tavern or private club] drinking establishment and shall be considered a permitted use, notwithstanding any other provisions of this title classifying such use as a conditional use. Any [tavern or

45 private club] drinking establishment so allowed as a permitted use shall also be subject to the following:

1. No more than two (2) [taverns or private clubs] drinking establishments per linear block.

2. The location is in a zone allowing a [tavern or a private club] drinking establishment as a conditional use.

3. The parking location meets the requirements of parking for a sexually oriented business.

SECTION 11. Section amended. Section 15-21-2 of the Ogden Municipal Code is hereby amended to read and provide as follows:

15-21-2: [USES ALLOWED IN EACH MANUFACTURING AND INDUSTRIAL ZONE:]

Of the following list of possible uses, those designated in any district as a "P" are permitted uses; uses designated as a "C" will be allowed only when authorized by a conditional use permit obtained as provided in chapter 7 of this title; uses designated as "N" are not allowed in that district. Uses which are designated with an asterisk (*) indicate special requirements exist for the design or location of the use, which requirements can be found in chapter 23 of this title. Accessory uses to the permitted or conditional uses are allowed. Uses that are not listed are not allowed.

Uses DDR OCIP BEl BEH

Entertainment and recreational:

Cabarets (see main use classification of [taverns, private clubs,] drinking establishments or restaurants, under the category of Sales).

entertainment N N which provides for patrons of all by means of film, or activities, ., theaters, movies, alleys.

46 Uses

Indoor recreation business N p p N N N P* which provides activities for patrons of all ages by means of indoor sports, human powered or motor vehicle use, e.g., soccer, BMX, motor tracks. lc___ Outdoor entertainment or N c N N N N recreation businesses I I which provide activities for patrons of all ages by means of film, performance or activities, e.g., drive-ins, outdoor sports, go-cart tracks, stadiums.

,-~------~------Sexually oriented businesses:

Adult live entertainment businesses or adult movie theaters.

,------~=~------Outcall services or------adult N N N N N entertainment dance agencies. r---'------,------1nstitutional:

~---~Prl;~t;J-ail or prison.

Public buildings or other public uses.

Rehabilitation/treatment N

47 Uses

Soup kitchens, shelters for N c c N N N N the homeless and low income multiple-unit housing provided housing is:

B. Includes counseling and other lifestyle services in the facility on site.

Trade or vocational school p p or post-high school education.

Manufacturing:

Establishment engaged p p p p p p p in the assembly of already processed materials into new products, provided, all activities and storage are inside an enclosed building and outside noise, smell, or smoke is not a significant byproduct of the manufacturing process and no outdoor storage occurs, e.g., toys, book publishing, electronic components, medical, clothing. Accessory sales are allowed of

48 ,------~--;·-- --~~--~ ,~-- ---.------

Uses M-2 DDR OCIP BEl BEH

--~ ,~ ·--· --~ r·------product created on site, provided, the sales area does not exceed 15 percent of the floor area of the building. Warehousing of the manufacturer's product line produced or assembled at another location is allowed to be stored in the same I building; provided, that a minimum of 7 4 percent of the required parking of the building is for nonwarehousing uses contained in the building.

--- Establishment engaged in the assembly of already processed materials into new products, provided, all activities are inside an enclosed building and outside noise, smell, or smoke is not a significant byproduct of the manufacturing process, e.g., sign shops, sheet metal shops, trailers, truss plants, etc. No accessory outdoor storage shall be allowed, except that outdoor storage of finished product is allowed to the following percentage of total lot area usage: p p p p p

PcCCc·'''"Ji~.Z,.

49 Outdoor storage area N P* p P* p P* N is between 15.1 percent and 25 percent.

Outdoor storage area N P* p N p N N is between 25.1 percent and 50 percent.

Outdoor storage area is greater than 50 percent.

Manufacturing, N N p N N N N packaging, or storage inside an enclosed building of food products, provided, any objectionable fumes or odors which could be emitted are controlled by environmental devices to eliminate such smells, e.g., dog food, sugar processing, slaughtering and meatpacking, smoked meats, etc. Accessory sales of products created on site are allowed, provided, the sales area does not exceed 15 percent of the floor area of the building.

50 M- :.2·0--D----R----~O::rB:; -.---~------~ Uses MRD 1 ~------[ -~- ~-- ,~~~--~- . ,_ .. I - . .... establishment only in an enclosed building

-- ,---~ ---- ,------~~~ ~ -~~-- ~--- ~----,--- ,-- --.~ Manufacturing, N p p p p N p packaging, or storing inside an enclosed building of food products for human consumption, provided, no objectionable fumes or odors are emitted. Objectionable odors are such odors as come from sugar beet processing, rendering of fat, sauerkraut, vinegar, animal byproducts other than dairy products and other similar smells. Objectionable odors shall not include odors emitted from bakeries, ice cream manufacturing, egg handling or other manufacturing processes involving dairy products. Accessory sales of products created on site are allowed, provided, the sales area does not exceed 15 percent of the floor area of the building.

~~~ -- ~--- ~ -~-- r- ~ -~ ~-~-- ,~------~-----~-- -~ ,~----~ ~---,-~--~--~~- ,--~------,----~----'vi Manufacturing, N N p N p N N processing, packaging and storage inside an enclosed building of food products for nonhuman consumption which do not create objectionable --

51 Uses MRD OCIP BEl fumes or odors that can be detected outside the building. Outdoor storage of raw, unprocessed or finished products or byproducts is not allowed.

Manufacturing process c p p p p p p and storage inside an enclosed building which involves refining, casting, cutting or assembling metals and which does not produce noise, fumes or waste products which can be detected outside the building, e.g., light metal part molding. Warehousing of the manufacturer's product line produced or assembled at another location is allowed to be stored in the same building; provided, that a minimum of 75 percent of the required parking of the building is for nonwarehousing uses contained in the building.

Manufacturing process N N p P* p N N inside an enclosed building which involves refining, casting, cutting or assembling metals and which does not produce noise, fumes or waste products which

52 Uses

can be detected outside the building but which stores the finished product outside. The allowable outdoor storage less than 50 percent of the lot area, e.g., fuel tank construction, 1-beam construction, etc.

~-~-- Outdoor storage area between 50 and 80 r:percent of the lot area. ~-- ~------~~-~------Noise, fumes, and waste:

Manufacturing process N N N N N N N inside an enclosed building which involves refining, processing or creating a product in which the process creates noise, fumes or waste which are detectable outside the building, e.g., steel or iron foundries, petroleum refining, etc.

process p N p p p p p an enclosed which involves

53 Manufacturing processes N N c N N N N involving assembly of raw inorganic materials, such as sand and gravel, into a new product, which raw and finished materials may be stored outdoors, e.g., concrete mixing, glass, brick, tile, pipe.

~~- Manufacturing processes N N c N N N N involving assembly of raw organic materials, such as wood or plant material but excluding animals or their parts, into a new product, which raw material or finished material may be stored outdoors, e.g., mulch or fertilizer.

Removal of materials N N N N from the ground for use in their existing state or crushed or treated and intended for use off site, e.g., sand and gravel extraction, mining, etc.

54 ,------· ,- '------'------M- MRD 1 M-2 DDR OCIP BEl BEH ----. ------. ,- '-- --- r------~- ,------,------. ------Single-family dwelling unit N p p N p p p for night watchman and family, provided, accessory to allowed business use on the site and no larger than 1,400 square feet. Sales: ---~-r-- r l------~ restaurant with cabaret N C* C* N N N N license shall only be allowed as shown herein.

--· r--··---- -~-~·~~- ··----- . --- Accessory sales of products p N N p N p p warehoused or held in association with the main use of the building, but not produced or assembled on site, provided the sales area does not exceed the lesser of 15 percent of the floor area of the building or 10,000 square feet. Such sales area may be a part of, but not in addition to, any sales area otherwise allowed. ,--;------~----· ·-·---··--- ,------~- -···-···- ;------An establishment engaged p p p c P* N P* in the preparing, serving and selling of food and drink for human consumption on or off premises, e.g., restaurants, drive-ins, etc.

,-~~---· ;·------· r····-·--·---· --· An establishment engaged N N N N N N N in the selling within an enclosed building of goods or merchandise to the general public for personal, household or business use, e.g., grocery stores, ,,,,,, >•. r; i ... // Sid!£. ,. ,:y~_; . ".//; './>·>.·

55 Uses MRD i r------~------furniture, or clothing stores, etc.

Medical cannabis pharmacy

An establishment engaged in the selling within an enclosed building of goods or merchandise to the general public for personal, household or business use limited to the following items: 1 , T-1 ~:~~~:~~~~~~!~~~e-s -- -N- --- ·1 N-- p N N N N r---- Retail sales of N N N p N N N commodities warehoused in the same building or a separate building located in the DDR Zone and said building is part of the same business operation and the sales area is not greater than 50 percent of the associated warehousing floor area; excluding sales of food, personal and household goods, and tobacco products.

Retail tobacco specialty N N N/P1 N N/P1 N N business provided it meets the requirements of section 15-13-35 of this title.

Sales of goods and N N p N p N N merchandise, excluding grocery stores, new or used cars, and tire

56 Uses

stores; provided, stores are located and front only along 1900 West or 2550 South.

Sales (or rental) N p p N p N establishments classified as sexually oriented businesses* including adult bookstores or adult videos; provided, that in the OCIP Zone such sales are limited to businesses located along 1900 West or 2550 South. · rw------Used and rebuildable car N N lot.

Used car lot, provided N N N N N/P1 N N the display area is located out of the front yard setback and does not exceed the lesser of 2,500 square feet or 15 percent of the lot area, and there be 2 or more main uses on site.

Wholesale or retail sales N C* C* N C* N N of bulk petroleum products, e.g., oils, lubricants, propane. ,-~-~Wooct~or ~al f~;heatin9.[ p N

An establishment primarily c p p N p N N involved in the retail sale of motor fuels dispensed on site, e.g., convenience stores, service stations, gas stations.

57 ...... T····· Uses OCIP BEl

An establishment within an N p p C* P* N N enclosed building engaged in the sale of building materials, equipment or supplies for the construction trade. The use may utilize outdoor storage as an accessory use, e.g., lumberyard, plumbing supplies, cabinet shop, etc.

,-l- --"-~-"--"-"_" _____ "_"_""_"_" __ [Taverns, private clubs] Drinking Establishments:

[Private clubs] Drinking N N [N] p Establishment.

[Taverns or private club] N N Drinking establishment with cabaret.

SeNices: r--- A business engaged in N p p N N/P 3 N N providing health, grooming and kenneling seNices for animals, provided, all activities other than kenneling are in a completely enclosed building.

A business engaged in N P* P* C* P* N N repairs of motor vehicles, recreational vehicles, aircraft or boats, provided, all the work occurs in a completely enclosed building. Retail sales or

58 Uses

related items to these vehicles are permitted, provided, not more than 10 percent of the floor area is utilized for such sales, e.g., brake, body shop, repair, machine shop, changing oil, etc.

A business engaged in the N P* P* C* P* N N construction trade and located in a permanent enclosed building which may include outside storage of construction materials or equipment of the business, e.g., general contractor, planing mill, roofing, plumbing, rental agencies, or other specific contractors.

A business located in an N p p N p enclosed building engaged in providing data processing, telemarketing, product user support services, or other business support services. Such businesses do not have contact with the general public except by means of mail or telecommunications.

p N N p N/P 2 N p

59 Uses

barbershop, laundry, daycare, architects, doctors, funeral homes, banking, copy centers, real estate, hotels, etc.

A business located in an p p p p p p p enclosed building which does research and development of products or processes but does not include materials in amounts which would be considered hazardous to general health and welfare.

A business located in an enclosed building which provides storage for businesses excluding personal storage units, e.g., warehousing, distribution centers, etc.:

Buildings 50,000 square p p p N feet or less.

Buildings over 50,000 square feet.

Including outdoor N storage not exceeding 30 percent of lot area.

Personal storage units. ~- N

Petroleum products, N N c N c N N flammable or hazardous materials as main storage.

A business located on a lot N without a main building

60 BEH

which offers outdoor storage of recreational vehicles or storage of finished manufactured products assembled in Ogden City limits. Am~dic~l~~i~i~ located in p N N p p N p an enclosed building engaged in providing l1 medical services for 1 workplace injuries or other I work related conditions.

A use of land or business that provides outdoor storage, collection, or recycling of used materials:

N

,--~~W~ste transfer station.

Construction trade N P* P* N N N N contractor storage within the area from 3300 South to Hinckley Drive, and from 1600 West to Pennsylvania Avenue if the company has its main office in Ogden City.

recreation N N N N which provides for patrons of all by means of

61 Uses

education, training, meditation and physical and spiritual wellness, e.g., martial arts and related training businesses.

Transportation, utilities, communication uses:

Business and land use N N p p p N N which has an enclosed building and is engaged in trucking uses such as a truck terminal or transfer business.

Businesses or land uses P* p p p N N N which are primarily engaged in uses of public transportation, e.g., parking lots, bus stations, handitrans, airports, etc.

~--- Communication business p p p p p N p engaged in the delivery of communication services, e.g., business office, studios, broadcast, multimedia. Freestanding utility or c c c c c N N communication facilities, e.g., substations, relay towers, commercial transmitting towers.

62 Uses DDR IOCIP r------p

Notes: 1. On 1900 West and 2550 South only. 2. On 1900 West only. 3. On 1900 West and 2550 South only with no outdoor kenneling.

SECTION 12. Section amended. Section 15-24-4 of the Ogden Municipal Code is hereby amended to read and provide as follows:

15-24-4: [USES ALLOWED IN EACH AIRPORT ZONE:]

Of the following list of possible uses, those uses designated in any district as a "P" are permitted uses; uses designated with a "C" will be allowed only when authorized by a conditional use permit obtained as provided in chapter 7 of this title; uses designated with an "N" and uses that are not listed are not allowed. Accessory uses to the permitted or conditional uses are allowed.

Uses

Entertainment and recreational:

Indoor cultural, entertainment and recreation uses and businesses which provide as a main use activities for patrons of all ages by means of film, performance or action, e.g., movie theaters, live theater, sports.

r---~.------llndoor or outdoor public events or civic activities.

Institutional:

Aeronautically related educational institutions, e.g., flight schools, flight simulator training facilities, etc.

Aeronautically related trade or vocational school, e.g., flight support services, aircraft maintenance training, etc.

Public buildings or other public uses.

63 Manufacturing establishments solely engaged in the assembly of already processed materials into new aeronautically related products, e.g., flight simulators, flight instruments, avionics, airframes, etc., provided the activity is conducted and all materials and new products are stored within a completely enclosed building, and: ~------~The activity does not produce noise, smell, or smoke detectable outside the building.

The activity does not produce smoke or smell and does not produce noise greater than the maximum allowable sound levels listed in title 12, chapter 14 of this code.

Manufacturing process which involves refining, casting, cutting, processing, creating, or assembling of new aeronautically related products, e.g., light metal part molding, aircraft engine components, composite materials, tool machining, semiconductors, crystals, etc., provided manufacturing process and storage of materials and new products occurs inside an enclosed building, and: lti~~~~f~=~~~s ~:~~~~~~~~~~f~:f~~~~i~~~k~~;;;;;~;~~- ... T; ..

------~------The process does not produce smoke, fumes or waste products that N P can be detected outside the building, or noise greater than the maximum allowable sound levels listed in title 12, chapter 14 of this code. ------Manufacturing process which involves refining, casting, cutting, C processing, creating, or assembling of new nonaeronautically related products, e.g., book publishing, printing, foreign trade zone (FTZ) companies, etc., provided manufacturing process and storage of materials and new products occurs inside an enclosed building, does not produce noise, smell, or smoke or waste products detectable outside the building, and does not occupy more than 20 percent of the floor area of an existing building. Existing building must have at least 80 percent floor area occupied by other allowed uses when the conditional use permit is granted.

· Residential:

Dormitories for air support operations or facilities.

Dormitories for flight training or other educational facilities. ~---~S-i~gle-family dwelling unit for night watchman and family provided unit is attached to and accessory to a permitted use on the site. t;J'''::oc;-c7YC; • >'':' ~·:•7Y - . -·-·- ,-•:c:~;;;z;;\::•:7;:::x:··-~>""":0'1'E-·'!t:&-+?S:'f!'<:·::s••o.:;:·,:'?J

64 ~----~--~-.~~···~-~-~·--·· Sales:

A sales establishment of less than 1 ,000 square feet of floor area doing P N business in an enclosed permanent structure engaged in the selling of goods or merchandise to the general public for personal, household, or business use (excluding retail tobacco specialty business) and rendering services incidental to the sale of such goods, e.g., grocery, clothing, supplies, jewelry, toys, etc.

A sales establishment of 1,000 to 5,000 square feet of floor area doing business in an enclosed permanent structure engaged in the selling of goods or merchandise to the general public for personal, household, or business use (excluding retail tobacco specialty business) and rendering services incidental to the sale of such goods, e.g., grocery, clothing, supplies, jewelry, toys, etc.

A sales establishment of greater than 5,000 square feet of floor area doing business in an enclosed permanent structure engaged in the selling of goods or merchandise to the general public for personal, household, or business use and rendering services incidental to the sale of such goods, e.g., grocery, clothing, supplies, jewelry, toys, etc.

A sales establishment engaged in the preparing, serving and selling of food and drink for human consumption on or off premises, e.g., restaurants, drive-ins, etc.

A sales establishment that in addition to food and drink provides live entertainment, e.g., cabaret. In addition to the requirements of the conditional use permit process, the planning commission shall consider the potential effects of cabaret operations on adjacent uses, including, but not limited to, any residential dwellings in the vicinity, considering hours of operation, noise, parking and traffic conflicts, and possible activities of patrons on and around the site.

Sales establishments which engage in the sales of aircraft or aircraft parts and equipment, e.g., aircraft brokers, aircraft distributors, aircraft dealers, aircraft accessories, etc.

Sales establishment primarily involved in the retail sale of motor fuels dispensed on site, e.g., service station, gas station, convenience store.

Sales establishment that has general and aviation fuel storage tanks, e.g., fuel farms, aboveground tanks intended to be used for storage of fuel for retail sales.

establishments that engage mainly in selling alcoholic beverages,

65 e.g., [taverns] drinking establishments, liquor stores [, private clubs]. In addition to the requirements of the conditional use process, the following conditions shall apply: A. ····~rE~tablishment must be located in, or accessory to, a hotel, restaurant, or terminal.

B. Parking shall be located on the same lot with the building and conveniently located to the entrance of the building. In determining conveniently located parking, the planning commission shall consider:

1. The visibility of the parking area from the building;

The lighting, existing physical development, and types of uses adjacent to the parking lot and sales establishment;

3. The potential for parking conflicts with the parking lots of adjacent uses; and

4. The potential for customer usage of on street parking in front of residential uses.

Operational hours shall be considered to assure compatibility with the surrounding uses.

Sales (or rental) establishment classified as sexually oriented businesses including adult bookstores or adult videos (see section 15- 13-13 of this title for applicable conditions).

Services:

A business engaged in aircraft repairs provided all the work and P P storage occurs in a completely enclosed building, e.g., aircraft maintenance, aircraft repair, MRO, aircraft completion centers, propeller repair, avionics repair, etc. Retail sale of related aeronautical items is permitted provided not more than 10 percent of the floor area is utilized for such sales.

A business located in an enclosed building engaged in providing P N services directly to individuals, businesses or agencies such as personal, professional, financial and business services, e.g., appraisal and marketing, insurance, corporate office, barbershop, laundry, architects, banking, real estate, hotels, engineering, electrical systems design, emergency training, etc.

66 A business located in an enclosed building engaged in providing data P C processing, telemarketing, product uses, support services, or other business support services. Such businesses do not have contact with the general public except by means of mail or telecommunications.

A business located in an enclosed building engaged in providing P P aeronautically related services to individuals, businesses or agencies such as air charter, air ambulance, air cargo, aircraft cleaning/detailing, aircraft management, flight lessons, simulator training, air consulting services, aerial photography, hangar rental, helicopter services, crop dusting services, airplane storage, flight planning, etc.

A business located in an enclosed building engaged in providing airport terminal services, e.g., ticketing office, automobile rental, cafe or cafeteria, etc.

A medical clinic located in an enclosed building engaged in providing medical services, e.g., corporate flight department medical service, executive medical services, workplace injuries, or other work related conditions, etc.

Flying clubs or other fractional aircraft ownership services.

Sexually oriented business (see section 15-13-13 of this title for applicable conditions):

Adult live entertainment businesses or adult movie theaters.

services or adult entertainment dance agencies.

Transportation, utilities, communication:

or land uses which are primarily engaged in uses or public e.g., parking lots, bus stations, etc.

Utility or communication business engaged in the delivery of services aboveground, e.g., substations, relay towers, commercial transmitting towers, etc.

SECTION 13. Section amended. Section 15-33-2 of the Ogden Municipal Code is hereby amended to read and provide as follows:

15-33-2: [ALLOWED USES IN EACH PI ZONE:]

Of the following list of possible uses, those designated in any district as a "P" are

67 permitted uses; uses designated as a "C" will be allowed only when authorized by a conditional use permit obtained as provided in chapter 7 of this title; uses designated as "N" are not allowed in that district. Uses which are designated with an asterisk (*) indicate special requirements exist for the design or location of the use, which requirements can be found in section 15-33-5 of this chapter. Accessory uses to the permitted or conditional uses are allowed. Uses that are not listed are not allowed.

Uses

Entertainment and recreational:

Cabarets when associated with a drinking establishment [and taverns].

Indoor entertainment business which provides entertainment or activities N by means of film, performance, or other similar entertainment activities, e.g., theaters, indoor sports, bowling alleys.

Indoor recreation business that provides athletic, exercise or other similar C health related activities for patrons of all ages, e.g., gyms, spas.

Outdoor entertainment or recreation business which provides activities for N patrons of all ages by means of film, performance or other recreation activities, e.g., drive-ins, outdoor sports, go-cart tracks, stadiums.

[Private clubs] Drinking establishment.

Sexually oriented businesses:

Adult live entertainment businesses or adult movie theaters. N

Outcall services and adult entertainment dancing agencies.

Institutional:

68 Single-family, two-family or multiple-family dwellings provided they are located on the floors above professional and business offices.

Two-family dwelling units, detached. ------Sales:

A retail sales establishment located in a limited portion of an enclosed C* building where a service use is the primary purpose of such building and the retail sales is to provide accessory services for the convenience of the other occupants of the building and not directed to the general public, although service to the general public is not prohibited, e.g., retail sales, restaurants, [private club] drinking establishment, flower shops, gift shops.

Flower shops, gift shops, or restaurants located inside a portion of a hospital approved as a conditional use.

establishment located in an enclosed building engaged in the selling of N goods or merchandise to the general public, for personal business or household use.

Services:

A business located in an enclosed building engaged in providing financial services directly to individuals, business or agencies, e.g., banks, consumer credit services.

An establishment in an enclosed building with or without an outside area for activity which provides less than 24 hour a day care for children or adults, e.g., daycare, nursery, adult daycare. ------establishment located in an enclosed building, which provides professional and public services, e.g., barbershop, architects, real estate, etc.

69 Fraternal and beneficial societies, order and social clubs of a nonprofit nature.

Indoor studio for the creation or teaching of the fine arts, e.g., dance studios, art studios.

Transportation, utilities, communication uses:

Freestanding communication tower.

owned off site parking facility, constructed prior to March 15, with more than 1 level for hospital campus.

SECTION 14. Section amended. Section 15-33-5 of the Ogden Municipal Code is hereby amended to read and provide as follows:

15-33-5: [SPECIAL REGULATIONS:]

A. [General Regulations:] In addition to any other requirements of this code, development in the PI zone shall also be subject to the following standards:

1. Building Materials: Any building erected on the property shall have an exterior wall finish of brick, stone, stucco, or other stucco appearing material. If the roof is pitched, then shakes, architectural shingles or roofing tiles shall be used but under no circumstance shall metal be used.

2. Minimum Design Details: The buildings in the development shall be designed to provide architectural relief that creates variety, interest and unity in the theme of the development. This may be achieved with various combinations of the following methods: windows along the front of the building, awnings, varying roof planes, covered entryways, colonnades, quoins, etc. Conversions of single-family homes into any of the other permitted or unconditional uses shall not be allowed, except conversions for wedding chapels or daycare centers are allowed if the entire project takes on a residential style theme that ties the existing architecture to the other buildings in the development.

3. Colors: The colors used throughout the development shall add to the theme of the project and shall not bring undue attention to the development as compared to existing development in the area.

70 4. Shared Accessways And Parking: All development with multiple buildings are to have a shared access from the public street and shared on site parking. The shared parking is to be designed to create a unified circulation system.

5. Signage: Only one freestanding sign is allowed per lot and shall be a freestanding monument sign to identify the project. The freestanding monument sign shall not be taller than eight feet (8'), shall be set back ten feet (1 0') from the property line abutting a public street and shall not exceed fifty (50) square feet in size. If the monument sign is located near an accessway to the development it shall not be located within a thirty foot (30') sight triangle distance which will be measured from the curb. The monument sign shall be constructed out of the predominant material of the development and tie in with the theme of the development.

6. Separate Parcels Combined Into One Lot: All separate parcels or lots in the development are to be combined into one lot. A development in a PI zone shall be maintained as one lot, except that building pads may be subdivided as units or lots, to be held in separate ownership, pursuant to a condominium project or a planned residential unit development subdivision.

7. Utility Line Connections And Installations: All utility line connections and installations must be underground and rise within the building. Transformers, meters and similar apparatus must be at ground level or below with approved screening for ground level installation. Screening at ground level shall consist of plant material or architectural materials used in the development;

8. Outside Storage Is Not Permitted: All storage must be in an enclosed building.

B. [Prescription Pharmacies:] Prescription pharmacies are allowed only in a portion of a hospital or medical office complex. This use cannot occupy more than fifteen percent (15%) of the total floor area of the building in which it is located and shall not have a separate exterior entrance.

C. [Studio For Professional Work:] Studios used for the creation or teaching of the fine arts are allowed to have performances and exhibitions as long as the work is limited to the display of the works produced in the studio.

D. [Single-Family And Two-Family Detached Dwellings:] Only existing single-family and two-family detached dwellings legally established prior to April 15, 2003, are allowed to continue as a permitted use. No new single-family dwelling and two-family dwelling shall be allowed to be constructed in the PI zone, except as otherwise specifically allowed in section 15-33-2 of this chapter.

E. [Retail Sales As Accessory Services:] Sales uses that provide accessory services for the other occupants in a building may only be allowed if the cumulative retail uses do not occupy more than twenty five percent (25%) of the total building floor area. The building is to have no exterior evidence of such retail uses except for the use of an identification sign. 71 F. [Group Dwelling:] Group dwelling development in the PI zone shall conform to the requirements of chapter 10 of this title. If uses other than a group dwelling are being included with a group dwelling in the same development, the portions of the development applicable to group dwellings and all other uses, respectively, shall be reviewed independently for compliance with development standards.

G. [Nursing Homes, Assisted Living Facilities Or Retirement Homes:] The amount of lot area needed for this type of facility is seven thousand (7,000) square feet, plus five hundred (500) square feet for each bedroom space in excess of four (4 ). This square footage shall be devoted exclusively to this use and its associated open space and no other PI use can use this space. Assisted living facilities are subject to the separation requirements imposed in subsection 15-13-26C of this title.

H. [[Pri•.•ate Clubs] Drinking Establishment:] A [private club] drinking establishment may be allowed as retail sales established as an accessory use.

I. [Removal Of Structure:] A structure is required to be removed from an existing PI zoned property to develop a permitted PI use with a minimum of one-half (ih) acre lot size according to section 15-33-3 of this chapter.

SECTION 15. Section amended. Section 15-34-2 of the Ogden Municipal Code is hereby amended to read and provide as follows:

15-34-2: [USES:]

In the following list of possible uses, those designated in any district as "P" will be a permitted use. Uses designated as "C" will be allowed only when authorized by a conditional use permit obtained as provided in chapter 7 of this title. Uses designated as "N" will not be allowed in that district.

Intensive District CBD

72 1. Unless waived by the Utah Department of Health, the medical cannabis pharmacy shall be located no closer than 600 feet from any primarily residential zone and 200 feet from any community location, measured from the nearest entrance to the pharmacy following the shortest route of ordinary pedestrian travel to the boundary of the community location or residential zone.

Only one public access is permitted which shall be located on the street face of the building. -3.---~ :N-~-~o-rtl~~-~f th~--~~terior brick~--v--~is--i-b---le____ t_o_t--h·--e-p~u--b-·--1 ic ______shall be painted. I r------·--~-~---~---·------·----·-· ------·~--·-· ------,------·-- 14. No windows shall be darkened or covered to prohibit view into the interior of the sales space from the I street. of operation are from 8:00A.M. to 8:00P.M.

A sales establishment with no drive-up window or pick up window doing business in an enclosed permanent structure engaged in selling goods or merchandise to the general public for personal, household, or business use (excluding retail tobacco specialty business) and rendering services incidental to the sale of such goods, e.g., grocery, clothing, supplies, office products, jewelry, toys, home furnishings.

With accessory outdoor on site display of plants and p p assembled outdoor yard furnishings provided display

a. Is maintained in a clean and litter free condition, with no broken merchandise;

b. Does not occupy or obstruct required parking, pedestrian and vehicle accessways, or public right of way;

c. Is located behind the main building and is accessed by customers through the building; and

73 ,-- -- 3. Reuse of service station or convenience store for N c sales of products with an outdoor on site display of plants and unpacked and assembled outdoor yard furnishings or amenities provided:

(2) Display is in scale with surrounding uses;

(3) Outdoor display area cannot exceed the square footage of the ground level of the main building.

An establishment engaged in preparing, serving and p p selling food and drink for human consumption on or off premises; provided that the [facility] establishment has no drive-up window or pick up window, e.g., restaurants, cafes, etc.

Mobile food truck, except that operation is not allowed in p p The Junction (the area from the west side of Washington to the east side of Grant and from the south side of 22nd to the north side of 24th), or the 25th Street historic district. Restaurant with cabaret: In addition to the requirements of c c the conditional use process, the planning commission shall consider the potential effects of the type of proposed cabaret operations on adjacent uses, including, but not limited to, any residential dwellings in the vicinity, considering hours of operation, noise, parking and traffic conflicts, and possible activities of patrons on and around the site. Sales establishments engaging in the sale of building c materials as a principal use within a completely enclosed building. p

74 Sales establishments which engage mainly in selling c c alcoholic beverages, e.g., [taverns] drinking establishment, liquor stores[, private clubs]. In addition to the requirements of the conditional use process, the following conditions shall apply to [taverns and private clubs] drinking establishments:

Maximum Number: No more than 2 [private clubs or taverns] drinking establishments per linear block;

2. Parking: Parking shall be conveniently located to the entrance of the building. In determining conveniently located parking, the planning commission shall consider:

a. The visibility of the parking area from the building;

b. The lighting, existing physical development, and of uses adjacent to the parking lot and between parking lot and [tavern or private club] drinking

The potential for parking conflicts with the parking of adjacent uses;

d. The potential for customer usage of on street parking in front of residential uses.

Operational Hours: Operational hours shall be considered to assure compatibility with the surrounding uses.

4. [Private Club Or Tavern] Drinking Establishment With Cabaret: In addition to the requirements applicable generally to [private clubs or taverns] drinking establishments, the planning commission shall consider the potential effects of cabaret operations on adjacent uses, including, but not limited to, any residential dwellings in the vicinity, considering hours of operation, noise, parking and traffic conflicts, and possible activities of patrons on and around the site.

Sales establishments which utilize outdoor storage of N N materials, e.g., lumber, plumbing and heating supplies, supplies.

75 1. Although listed as a permitted use, seasonal sale of produce will be allowed only within the area described as being between the 2300 and 2700 blocks of Wall Avenue, and the 100 and 200 blocks of 25th Street;

All stands or trucks and displayed produce must be located on private property;

Such stands or displays shall be set back at least 20 feet from adjoining street right of way lines;

Off street parking must be available on site or within 500 feet of the site;

No portable, flashing, or banner signs shall be permitted; and

6. Such use shall either locate in a temporary building under 400 square feet for a period not to exceed 6 months in 1 calendar year, or in a permanent building year round.

Seasonal sales in conjunction with a holiday market p N subject to the following:

Shall be located only in the Union Station plaza area;

Shall be for crafts, food and beverages;

Shall be allowed from the day after Thanksgiving through the month of December;

Service station, drive-in restaurant, gas pumps, N N convenience stores.

Sidewalk vendor: Sales conducted as a sidewalk vendor p p only in such locations set forth in the approved vendor location map referenced in title 5, chapter 13, article B of this code.

76 Service businesses located in a permanent building which p p provide health and grooming services to household pets, but not boarding, provided business is conducted completely within an enclosed building and keeping of pets is limited to hours between 7:00A.M. and 7:00P.M., e.g., veterinary, pet grooming.

Service businesses located in a permanent building which N p provide storage for individuals or businesses provided such storage is located on floors above the main ground floor level, the entire ground floor level, except for necessary loading elevators, is used for retail or office use, and the building is not on Washington Boulevard, e.g., warehousing, personal storage units, refrigerated storage.

Service businesses located within a permanent building, N N and requiring outside storage on site, e.g., general contractors, roofing, plumbing, heating contractors.

businesses located within a permanent building N p engaged in providing rental of equipment for businesses, or agencies with outdoor display of for rent, e.g., equipment rental business, trailer car and truck rental. Outdoor storage of items to be and repair areas shall be screened from public

Service businesses located within a permanent building p p primarily engaged in providing services for individuals, businesses, or agencies. Personal, professional, retail, financial, and business services, but not including short term loan businesses, e.g., beauty and barber shops, laundry, dry cleaning, funeral homes, architects, doctors, hotels, banking, insurance, real estate, advertising, employment agencies, daycare.

I~"" Service businesses primarily engaged in automotive repair N p services, provided work is done completely within an enclosed building, e.g., brake, muffler, painting, bodywork, transmission, washing. Outdoor storage of vehicles shall be screened from public view.

77 Institutional uses which are public, religious or educational p p and used for instruction, education or worship, e.g., daycare, schools, libraries, government buildings, courts, plazas, churches. c

Post-high school educational institution p

N c

3 or more dwelling units used for the purpose of providing p p living quarters for families, e.g., apartments, condominiums, retirement homes.

N

Single- or two-family dwelling units only. r-E~--~C-ultural, entertainment and recreation:

Activities which require the use of motorized vehicles or which are conducted outside a building such as miniature golf, driving ranges, batting cages, go-carts, racetracks.

78 ~----T~~trons by means of performance, film, or action, e.g., j movie theaters, live theater, dance halls, sporting events, but not including sexually oriented businesses or cabarets. IArcades are permitted under the following conditions: "T--~"-"-~ --""~ That no arcade be located within 600 feet of any public elementary or secondary school, measured linearly between closest property lines.

no 2 arcades shall be closer than 600 feet apart, linearly between closest property lines.

oriented businesses (see section 15-13-13 of this for applicable conditions).

Adult businesses and adult live entertainment businesses.

Outcall services and adult entertainment dancing agencies.

utilities, communications:

Utility and communication uses which are primarily engaged in furnishing the delivery of utility or communication services, e.g., substations, relay towers.

Manufacturing establishments solely engaged in the N c assembly of already processed materials or the substances into new products, provided the activity is conducted and all materials are stored within a completely enclosed building. Manufacturing in this chapter is limited only to food products for human consumption, clothing, textiles, printing, and publishing, and plastic consumer products, e.g., bakery, beverage, dairy products, apparel, textiles, newspaper publishing, book publishing, toys, cases, helmets.

79 Manufacturing of food products for human consumption as c c an accessory use to an allowed sales use; provided, that not more than 15 percent of the floor area is used for the manufacturing process, the street frontage is used for permitted sales uses, and no deliveries of the produced product by delivery truck are allowed.

Manufacturing which involves the processing, collecting or N storage of raw materials or scrap, e.g., junkyard, metal salvage, metal collection.

Manufacturing which involves the processing or collecting N N of raw materials, animals, or animal byproducts or plants, e.g., meat packaging, poultry processing, grain and cereal mills, pharmaceuticals.

N

Temporary buildings: ~------~T~-~-~~;~~ buildings for uses incidental to construction p work. Such buildings shall be removed upon completion or abandonment of construction work.

SECTION 16. Section amended. Section 15-38-5 of the Ogden Municipal Code is hereby amended to read and provide as follows:

15-38-5: [USES:]

In the following list of possible uses, those designated in any zone as "P" will be a permitted use. Uses designated as "C" will be allowed only when authorized by a conditional use permit obtained as provided in chapter 7 of this title. Uses designated as "N" will not be allowed in that zone.

C-1 C-2 C-3 And And And CP- CP-2 CP- 1 3

80 Amusement park.

' ----, Anim,;ihospital, small animals only, and provided all animals are maintained and kept within completely enclosed building. r------, ;------~------Animal hospital, small animals only, and provided conducted within completely enclosed building. Outdoor kenneling of animals, patients provided. r------~------1 Apartment, multi-family. p ------Arcade (on the following conditions): -~1-.- That-~-c-2-zo~;~~r~;des be located in planned shopping centers or malls; and that such mall or shopping center be on at least a 4 acre site;

2. That in both C-2 and C-3 zones, no arcade be located within 600 feet of any public elementary or secondary school, measured linearly between closest property lines;

3. That in C-3 zones, no 2 arcades shall be closer than 600 feet apart, measured linearly between closest property lines.

~------r------Archery shop and range, provided conducted within completely enclosed building.

Athletic club.

lube and oil center.

Automobile, new or used, sales and service.

81 Automobile repair, including paint, body and fender, brake, muffler, upholstery or transmission work, provided conducted within completely enclosed building. r------AUtOmObile service station; provided, that service bays are P p p part of the main building and limited to a maximum of 1 bay in a C-1 and 2 bays in a C-2. No outside display of accessory items to be sold nor outside storage shall be permitted. 1 freestanding single bay, rotating brush car wash shall be permitted as an accessory use.

Bakery goods manufacturing. ,- --~B;k~~-,;~;;-~;;~t~~~li,;,i;ed to goods retailed on premises.

p

4. Signs are limited to nameplate signs, not exceeding 2 square feet in residential zones. In addition, a freestanding identification sign not to exceed 4 square feet is permitted. If illuminated, only indirect spotlighting is allowed, thus prohibiting backlighted signs.

82 Bottling and distribution plant.

p

p

Business or professional office.

wash, laundry type. IN___ r-c-----~ p-

~------wash, manual spray. p

Carbonated water sales. p

Carpenter and cabinet shop. p

register sales and service. p

Charitable soup kitchen, provided the following conditions c are complied with:

83 r~---r····~-~~v~i~~;;~~~~~~t~h~;~hlghest shift;

4. At least 1 accessible restroom or "port-a-john" shall be provided on the site and kept open to patrons during off hours; ~S~~A~~-;~;d~~;;~s not used for parking and associated I accessways shall be landscaped; 6. The site shall be fenced with a minimum 5 foot high fence along adjoining properties;

7. The planning commission may allow the installation of open space improvements to occur in phases.

--~~· ~~·-··· Christmas tree sales. p

Church, temporary revival.

carnival or other transient amusement.

r-~--- ·-~ r·-·---- ~--·--·-·~----~----~- -·~ ~-~~-~~-~~~~·····~------··· ·······~--~~···· Communication equipment building. ,-····---·· Contractor shop, provided work conducted within a completely enclosed building.

Convenience store, 1 freestanding single bay rotating brush car wash shall be permitted as accessory use.

--~· ·----~---- Costume rental.

Data processing service and supplies.

Detective agency.

Diaper service, including cleaning.

84 the conditional use process, the following conditions shall apply: ~~ T1~~N;more than 2 drinking establishments per linear ,.block;

2. Parking shall be located on the same lot with the building and conveniently located to the entrance of the building. In determining conveniently located parking, the planning commission shall consider: 1.;~-Th;~i;ibilit~-~itt;;;k;~; area from the I guilding;

------~---~-----~~--~---~-~--- b. The lighting, existing physical development, and types of uses adjacent to the parking lot and drinking establishment;

c. The potential for parking conflicts with the parking lots of adjacent uses; '-T -~~~~~j;~~~,~~~~l ~~~~s~~:~=~::i; ~f~n- ~~;~-;~-- --·

~--~~----r-~-----~~------~------~------3. Operational hours shall be considered to assure .----- compatibility with the surrounding uses. -I ~~~:~~~~~::~h;follo~in9~~~ii;;,~--,;;;;ll-;,-p~lyl~ r r --

1~--~- -~--- a. Must be located in a multi-tenant retail or office center of at least 3 separate uses in the building;

b. The drinking establishment shall not be located on the ground floor;

c. The drinking establishment shall be no closer than 200 feet to any residential use, measured by a direct pedestrian route from the main entrance of the establishment to the property line of the residential use.

Drinking establishment with cabaret license. In addition to the requirements applicable generally to drinking establishments, the planning commission shall consider the potential effects of cabaret operations on adjacent

85 uses, including, but not limited to, any residential dwellings in the vicinity, considering hours of operation, noise, parking and traffic conflicts, and possible activities of patrons on and around the site.

p

Personal service. p

Dry cleaning pick up station. p lDwelling, two-family. p

,~~-~~ ~-~~~-~~~---~-~-~~-~~-~~~---~----~--~~~~~~--~~-~---~ E. Educational institution/post-high school educational p institution. p p

Electrical and heating appliances and fixtures, sales and

Electronic equipment sales and service.

86 Government buildings or uses, nonindustrial. ,- ---~~G-r~enhouse and nursery.

r-~---~~~--~~~ I Gunsmith. r---~-~c3;mna--s-iu~-m-~~~~. ~~-

H. Health club.

p p

p

I. cream manufacture.

p

Ice store and vending station. p

Indoor batting ranges. p

nsulation sales. p ~---~-~~-~t~-~i-or decorating and design establishment. p

,~------~------" ----- ~- --~------~-~------

J. 1 Janitor service and supply. r------~---~---~-----~------~~---~--·------·~------~------K. I Kenneling (indoor) with outdoor exercise area.

----~------~----- ~ ~·- Knitting mills.

Launderette or laundromat. p ~-----~L~~~dry or dry cleaning establishment, industrial. p

~------~--~---- ~-----·~-~--.----· I Library.

87 M. Machine shop operations incidental to any use permitted in C-3 zone ...... /M~-~~t~~t~~~-~t·9~-~d~~~bj;~t--t~·th~-full~~i-~9-~-~~diti~~~~- -~-N

1. All uses and storage shall be inside a building;

2. Manufacturing uses are limited to assembly of products only;

3. A portion of the building shall be used as office or retail area;

88 '0.1 ~::~l~~~fi,~~~~~. ':x~:;~~:~d~~~~~~ not

-~---~------~~----~------Office supply. r-----~o~~~~;ntal iron sales or repair.

------~------~--- Outdoor batting cages.

,------·~n::---~----~------p. 1 Paperhanger shop.

and playground.

p

r------··r-;:--·------~----~-----~ I Photo studio. ~~----~rPhot~~o~0ng-and printing services, with floor area of 1,200 square feet or less.

Pie manufacture. p

Plumbing shop. p

Precious metal purchasing provided it is an accessory use to a use permitted in the zone.

Printing, lithographing, publishing or reproductions sales N and service.

89 [2. Parking shall be located on the same lot with the building and conveniently located to the entrance of the building. In determining conveniently located parking, the planning commission shall consider:] ~""""1[~~-T~h~-:.. ~isibility of the parking area from the building;] ~""""[[b.~Th·; lighting, existing physical development, and types of uses adjacent to the parking lot and private ek:tS;] --~~[~~~Th; potential for parking conflicts \vith the parking lots of adjacent uses;]

"""-""·----~"""" """"""""-"""""""""""• [d. The potential for customer usage of on street parking in front of residential uses.]

[3. Operational hours shall be considered to assure compatibility with the surrounding uses.]

[4. In addition, the follmving conditions shall apply to the CP 2 zone:]

[a. Must be located in a multi tenant retail or office center of at least 3 separate uses in the building;]

[b. The private club shall not be located on the ground floor;]

[c. The private club shall be no closer than 200 feet to any residential use, measured by a direct pedestrian route from the main entrance of the club to the property line of the residential use.]

[Private club \Vith cabaret license. In addition to the requirements applicable generally to private clubs, the planning commission shall consider the potential effects of cabaret operations on adjacent uses, including, but not limited to, any residential dwellings in the vicinity, considering hours of operation, noise, parking and traffic conflicts, and possible activities of patrons on and around the site.]

90 Not exceed 16 feet in length if tank is horizontal;

Not exceed the primary building height or 10 feet, is lower, if tank is vertical;

d. Not exceed a volume of 1,100 gallons;

e. Be limited to 1 tank per site.

p

p

television or FM broadcasting station.

Reception center or wedding chapel.

Recreational vehicle storage.

Rental agency for home and garden equipment. p p

Drive-in restaurants in the C-1 zone shall comply with the following conditions of approval: ------1. Shall be located only on arterial roads.

2. Hours of business be from 7:00A.M. to 11:30 P.M.

3. The minimum square footage of the building be 2,600 square feet and the maximum 4,000 square feet.

91 7. At least 60 percent of the building square footage shall be designed and devoted for sit down dining. ·······-·-·---· Restaurant with cabaret. In addition to the requirements of N N c the conditional use process, the planning commission shall consider the potential effects of the type of proposed cabaret operations on adjacent uses, including, but not limited to, any residential dwellings in the vicinity, considering hours of operation, noise, parking and traffic conflicts, and possible activities of patrons on and around the site.

Retail sales establishment doing business and having displays inside an enclosed building whose main use is the selling of goods or merchandise to the general public for personal, household or business use and rendering services incidental to the sale of such goods:

Total building size 3,000 square feet or less.

Total building size 3,001 to 10,000 square feet.

Total building size 10,001 to 40,000 square feet.

Total building size 40,001 to 60,000 square feet.

Retail sales establishment doing business whose main use is the selling of goods or merchandise to the general public for personal, household or business use and rendering services incidental to the sale of such goods, including outdoor displays or storage of such things as building materials, garden supplies, but not tires, vehicles or vehicle parts:

92 Rollerskating rink. Rollerskating rinks in the C-1 and C-2 zones, as well as CP-1 and CP-2 zones, shall comply with the following conditions of approval:

1 . Shall be located in a commercial center or site of at least 1 acre in size;

2. Such establishment shall not be open for business later than 10:00 P.M. Sunday through Thursday, and not later than 11:30 P.M. on Fridays and Saturdays;

No alcoholic beverages shall be sold or consumed the premises of the skating rink;

4. Minimum of 5 foot high screening fence shall be required along all property lines abutting residential property except that no fence shall be higher than 3112 feet in a front yard setback or side yard facing a street on a corner lot;

5. No musical instruments, phonograph, sound amplifier or similar device shall be operated in such a manner as to create a noise disturbance across a real property boundary. If such a device is plainly audible on the property of another or within a building other than that within which the device is located, and if a complaint is made to the police department and verified by them that a noise disturbance exists, this shall serve as prima facie evidence of a violation of this condition of approval.

Roofing sales or shop. ,-s~----rs~asonal sales of produ--c___ e _____ a ____ n ___ d ____ b ___e ____ v--e-rage, subject to the following standards:

1. All stands or trucks and displayed produce must be located on private property and not in the public right of way;

Such stands or displays shall be set back at least feet from adjoining street right of way lines;

93 3. Off street parking must be available on site or within 500 feet of the site;

4. No portable, flashing or banner signs shall be permitted;

5. Such use shall either locate in a temporary building under 400 square feet for a period not to exceed 6 months in 1 calendar year, or in a permanent building year round. (The requirement to locate in a permanent or temporary building shall not apply in the M-1 and M-2 zones.) r -··-··--···---- Service station automobile, excluding painting, body and p p fender and upholstery work.

Sexually oriented businesses (see section 15-13-13 of this title for applicable conditions):

Adult business and adult live entertainment N N p businesses.

Outcall services and adult entertainment dancing N p p agencies.

Sheet metal shop and retinning, provided all operations N are conducted within completely enclosed building. c Sheltered workshop, provided the activities and processes p are allowed as uses in the zone.

94 2. The facility is open for business at least 5 days per week with a maximum of 2 days per week allowed for events where individual paid entry is linked to: dancing to live music; or an event or performance by an individual or group, such as live music or live entertainment.

3. Hours of operation to be determined based on site location and characteristics.

4. No alcohol is permitted in the building or the property unless a special event license is issued for a private function.

5. The use has games, social areas, programs or other activities available for use during the hours of operation but not a sufficient number of devices to be an arcade or pool hall.

6. The use for private functions does not allow for ticket sales to the function or for participating in events associated with the function.

Studio for professional work, teaching, performance or exhibitions of fine arts.

Swap meet, subject to the following conditions: Must be N N c operated in a completely enclosed building, except for incidental outdoor displays, and accessory fenced areas for storage of such things as living plant materials or items that because of fire code regulations may not be stored inside of building, i.e., gas lawn mowers, rototillers, compressors, or other machinery producing fumes or exhaust.

~~--~- ~~-~--~---··-----~

1 Swimming pools. ,- T. shop.

[Tavern. In addition to the requirements of the conditional use process, the following conditions shall apply:

95 1. No more than 2 private clubs or taverns per linear blocl<;

2. Parking shall be located on the same lot with the building and conveniently located to the entrance of the building. In determining conveniently located parking, the planning commission shall consider:

- a. The visibility of the parl

-----~------~------~------b. The lighting, existing physical development, and types of uses adjacent to the parking lot and tavern;

- c. The potential for parking conflicts 'Nith the parking lots of adjacent uses;

3. Operational hours shall be considered to assure ~---"-"---"---~"--" compatibility with the surrounding uses.

------~----- r~~~-- -,------~ 4. Tavern '.vith cabaret license. In addition to the requirements applicable generally to conditional uses, or private clubs and taverns, as applicable, the planning commission shall consider the potential effects of the type of proposed cabaret operations on adjacent uses, including, but not limited to, any residential d\Nellings in the vicinity, considering hours of operation, noise, parking and traffic conflicts, and possible activities of patrons on and around the site.]

96 1. No outside tire storage is permitted; -~---~2.~~~jci;~tal-~~~;-i;-~orki-;~;-rm ~ted-~uch·~;--~--~·-- alignments, inspections, minor tune ups, but no muffler, transmission, bodywork, or major engine 1 1 repair shall be permitted. ,----~---~~3-~ Stores in the C-2 Zone shall be subject to the I following additional standards:

·------~--·-···~---~------a. The store shall be located in a minimum 10 acre shopping center and only as a portion of a main building;

The building design shall not be altered contrary the established theme of the shopping center;

No freestanding accessory structures shall be

·--~-Td~V~hi-;le access doors to the building shall not be visible from any public street or residential zoned property;

e. No customer cars shall be kept overnight outside the building.

design (precision) repair and manufacture.

housing. Subject to the site development N c c meeting section 15-38-2 of this chapter for the Zone and section 15-38-2 of this chapter for the C-3

97 Warehouse storage, except storage of goods listed as a conditional use in section 15-21-2 of this title in M-2 Zone; no outside storage permitted.

SECTION 17. Section amended. Section 15-39-3 of the Ogden Municipal Code is hereby amended to read and provide as follows:

15-39-3: [USES WITHIN A MIXED USE (MU) ZONE:]

A. The variety of uses allowed in an MU zone are intended to create a mix of commercial, entertainment, office, personal services, and a variety of residential dwelling land use types that can be developed in a compact design that encourages compatibility of uses. Each mixed use zone application may have a different theme that is identified in the approval process that establishes the type of mixed uses proposed. For redevelopment districts this is identified in the redevelopment plan. A key component is that a mix of land use types (i.e., commercial, office, personal services, entertainment or recreational, and residential) is required either vertically or horizontally in the development. A mixed use development is required to have at least three (3) different land use types with one type being residential. If the mixed use development theme is residential, no one specific residential building type may exceed more than sixty percent (60%) of the residential building types proposed for the project master plan. If the mixed use theme is transit oriented development or commercial, no more than sixty percent (60%) of the total square footage of the buildings may be commercial. The permitted uses of a mixed use zone and design standards shall be those uses and standards specified in the approval process and shall be included in section 15-39-8 of this chapter as permitted uses and standards for the specified development.

98 B. To ensure compatibility of uses, the following uses shall not be permitted in any MU zone:

Any business with outdoor storage.

Business with drive-through window service.

Car wash.

Convenience store/service station/auto lube and oil centers.

Drinking establishment/cabaret below or above residential dwellings or within one hundred (1 00) linear feet of residential dwellings. Manufacturing uses.

Motor vehicle or motor recreational vehicle sales and display.

Motor vehicle repair and service.

Recycling centers/recycling collection areas.

Rehabilitation/treatment, protective housing, transitional housing, or boarding house.

Sexually oriented businesses.

Short term loan businesses.

Single-family detached dwelling on lots over three thousand (3,000) square feet.

Single retail unit space over forty thousand (40,000) square feet.

[Social clubs/taverns/cabaret below or above residential dwellings or 'Nithin one hundred (1 00) line'ar feet of residential dvt~ellings.]

Warehousing as the main use.

C. The MU zone is a mixture of uses with no one land use type being a constant dominant or prevailing use. Since the land uses allowed are determined by the project master plan and development agreement with mixtures of land use types dependent upon location and type of project being developed, the MU zone shall not be considered as a commercial or a manufacturing zone for the purpose of consideration of off premises signage location under state law.

99 SECTION 18. Section amended. Section 15-41-7 of the Ogden Municipal Code is hereby amended to read and provide as follows:

15-41-7: [USES:]

The following uses are permitted (P), conditional (C), or not allowed (N) in the NC zones. Accessory uses to the permitted or conditional uses are allowed. If a specific use is not listed it is considered as a use that is not allowed in the zone.

Entertainment And Recreation Indoor business which provides activities for patrons of all ages by c means of film, performance or activities (e.g., theaters, arcades, indoor sports); maximum floor area 10,000 square feet

Sexually oriented business by live entertainment, movies, etc.

Institutional

Churches or houses of worship p

Correctional facilities

Government building

High school or posthigh school education

Rehabilitation/treatment facilities

kitchens/shelters for homeless

Establishment engaged in the assembly of already processed C C materials into new products, provided all activities and storage are in a permanent enclosed building no greater than 5,000 square feet and there are no outside noises, smoke or smells. Products created are sold on site and not shipped to other locations for sale (e.g., jewelry, pottery, ceramics, food for human consumption, artwork)

Establishment engaged in the assembly of processed materials into N N new products, provided all activities and storage are in a permanent enclosed building and there are no outside noises, smoke or smells. Products created are shipped for sale at other locations

100 Assisted living/nursing home r--~~~~~-~g-units above the ground floor

Live-work space on ground level jM~-~i-ple=t~~i-ly-d~~-~~~9-~-;rt~~-~1-t;-~ildi~)-~-~------

single-family detached dwelling

Single-family row house dwellings

Sales

A sales establishment doing business in a permanent enclosed P P building of 5,000 square feet or less which prepares and serves food and drink for human consumption on and off site provided that the facility has no drive-up window and that outdoor dining areas are allowed along the front and/or side of the building which is visible from the street (e.g., restaurants, cafes, diners, sandwich shops, delis, etc.)

A sales establishment with no drive-up window where all activities and storage are in a permanent enclosed building that is engaged in the selling of new goods or new merchandise to the general public for personal, household, or business use and rendering service incidental to the sale of such goods (e.g., clothing, food, office supplies, jewelry, toys, hobbies)

Floor area 3,000 or less square feet

Floor area 3,001 to 10,000 square feet

Floor area 10,001 to 40,000 square feet

101 Contractor office located in a permanent enclosed building of 3,000 p p square feet or less floor area provided no indoor or outdoor storage of materials or equipment used for the business occurs on the property

Deferred deposit lender, short term loan business, payday lenders

Laundry service located in a permanent enclosed building of 5,000 square feet or less floor area (e.g., self-service laundromat, professional laundry and dry cleaner)

Medical treatment facilities which require overnight stay

Motorized vehicle repair and service

Personal care services located in a permanent enclosed building of 3,000 square feet or less floor area (e.g., barber, beautician, nails, tanning salon)

Personal services which involve tattoos

Professional and business offices located in a permanent enclosed building that provides services directly to individuals, businesses and agencies such as offices of professional, personal, financial and business services and which does not store vehicles or other equipment of the business outdoors (e.g., architect, medical office, financial institutions, real estate offices, insurance office, etc.)

Service located in a permanent enclosed building of 3,000 square p p feet or less floor area which provides care and supervision of children or adults on a daily basis with no overnight housing and operation hours limited between 6:00A.M. and 7:00 P.M.

Service which provides temporary lodging for individuals, travelers, etc. (e.g., hotel, motel, boarding house, bed and breakfast inn)

Veterinary, small animal grooming, training or daily care service located in a permanent enclosed building of 5,000 square feet or less floor area provided no outdoor kenneling of animals

Transportation, Utilities And Communication

102 ,~~Wireless communication towers

SECTION 19. Effective date. This ordinance shall be effective immediately upon posting after final passage.

PASSED, ADOPTED AND ORDERED POSTED by the Council of Ogden City,

Utah this day of , 2020.

CHAIR

ATTEST:

CITY RECORDER

TRANSMITTED TO THE MAYOR ON: ___

MAYOR'S ACTION: o Approved o Vetoed

MAYOR

ATTEST:

CITY RECORDER

POSTING DATE: ______

EFFECTIVE DATE:

103 APPROVED AS TO FORM: =M'-!...;H=S:....__ __4=/9=/2=0=2=0 Legal Date

* The headings, catch lines or catchwords suggested for use in the Ogden Municipal Code and which are bracketed at the beginning of sections or subsections, shall not be considered to be a part of the ordinance adopted herein.

104 OGDEN CITY PLANNING COMMISSION FEBRUARY 5, 2020 AGENDA ITEM- E

Report by: Clinton Spencer, AICP

Agenda Name: PUBLIC HEARING FOR PETITION #2019-24 TO AMEND TITLE 15-ZONING PERTAINING TO TAVERNS, PRIVATE CLUBS AND DRINKING ESTABLISHMENTS.

Petitioner/ Developer: Martin McFadden w/ Blue Ox Development 25 S Main St, Ste. 120 Centerville, UT 84014

Petitioner’s requested action: Approval of amending several changes to ‘Title 15 –

Zoning Regulations’ to update city ordinances to adopt ‘drinking establishments’ as a replacement for ‘taverns’ and ‘private clubs’ due to recent Utah State amendments. What the Planning Commission Reviews The Planning Commission is required to review all zoning text amendments in a public hearing. The Commission reviews the purpose of the regulation, the general plan, and the reason for a proposed change and determines whether or not the request is consistent with those factors. The Commission makes a recommendation regarding the proposed amendment based on their review and forwards that recommendation to the City Council for a final action. Planning Commission’s action and findings for action Possible findings based on decision Commission determines appropriate:

1. Approve subject to staff recommendations, finding that: (Staff Recommended) • The proposed amendment will be consistent with the General Plan

• The proposed amendment will meet zoning requirements and policies

2. Approved with additional requirements differing from staff recommendations, finding that: • The proposed amendment will be consistent with the General Plan • The proposed amendment will meet zoning requirements and policies

3. Deny the proposed amendment, finding that: • The proposed amendment will not be consistent with the General Plan • The proposed amendment will not meet zoning requirements and policies

Page 1 of 14

OGDEN CITY PLANNING COMMISSION FEBRUARY 5, 2020 AGENDA ITEM- E

Planning Staff’s Recommended Action

Approve the petition to amending several changes to ‘Title 15 – Zoning Regulations’ to update city ordinances to adopt ‘drinking establishments’ as a replacement for ‘taverns’ and ‘private clubs’.

Description of request

The applicants, Blue Ox Development, are proposing to amend the city ordinance to allow certain uses to take place on their clients (Ogden’s Own Distillery) property, within the BEH zone. In order to accommodate the proposed uses in the BEH zone, other updates to ‘Title 15 – Zoning Regulations’ are also necessary because of several recent Utah State law amendments regarding alcoholic beverages. Not only does the city not have a specific use category for what Ogden’s Own is proposing, but several Utah State Laws have changed over the recent years and changes to the city ordinances are needed to reflect the State law changes found in ‘Title 32B Alcoholic Beverage Control Act’. The main changes to the city ordinance pertain to adopting the new definition of a ‘Drinking Establishment’, the removal of ‘Private Club’ and ‘Tavern’, and a minor alteration to the ‘Restaurant’ definition as follows: 15-2: Definitions DRINKING ESTABLISHMENT: (REPLACES TAVERNS, PRIVATE CLUB REFERENCES) ”An establishment that serves food and drink, or drink only, to the general public or to its members and their guests, for on-premise consumption and whose annual revenue from the sale of alcoholic beverages equals or exceeds the revenue from the sale of food. A drinking establishment shall also be licensed and hold a class B, C, D, or liquor consumption license, as applicable, under title 5, chapter 3, article C of this code. A drinking establishment shall not include entertainment for its patrons unless the premises are zoned for and licensed as a cabaret or adult live entertainment business.” PROPOSED CHANGES TO “RESTAURANT”: “A place of business where food and beverages are prepared, served and sold for human consumption. A restaurant shall not include the sale and consumption of alcoholic beverages unless licensed by the City and the State of Utah, nor shall it include entertainment for its patrons unless zoned for and licensed as a cabaret

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or adult live entertainment business. The annual revenue from the sale of food shall exceed the annual revenue from the sale of alcoholic beverages.” As stated, the definitions for ‘Tavern’ and ‘Private Club’ would be eliminated with this amendment. Under the new Utah State regulations, any restaurant selling alcohol is considered a bar IF the alcohol sales exceed thirty (30) percent. If alcohol sales are less than thirty (30) percent, then it is considered a restaurant. There are three (3) different kinds of restaurants licenses available for alcoholic beverage sales from the State: Limited service, beer only, and full service restaurant. Any restaurant serving alcohol is also subject to proximity limitations of 200 and 300 feet from a community location (school, public library, church, park, residentially zoned property, etc.) measured either in a straight line, or closest path. Restaurants that would be considered bars under State regulations are limited to patrons twenty-one (21) and older, so no minors would be allowed. Current city ordinances differ in classifications of bars and restaurants with the threshold being the majority of annual sales revenue. By current city ordinances the distinction between a bar, or drinking establishment as proposed, and a restaurant is the amount of revenue produced from the sale of food versus alcohol. If the total sales revenue from alcohol exceeds the sale of food, then the city classifies the use as a drinking establishment as has been proposed. A restaurant, by city ordinance, would be when food sales revenue exceeded alcohol. The proposed ordinance changes replace the term ‘tavern’ and ‘private club’ with a new term and definition for ‘drinking establishment’ (see attachments). There are differences between the State regulation and city regulation. Although the State threshold for a bar is more than thirty (30) percent sales alcohol, the city is proposing to maintain its classification of a ‘drinking establishment’ as an establishment that does more than fifty (50) percent annual sales revenue in alcohol. State age-limitations for patrons would still be enforced, however, the city proposed ordinance allows additional flexibility for the placement of city classified restaurants. Also, it creates an adults only niche for restaurants that sell between fifty (50) and seventy (70) percent food. The proposed difference between the State regulations and city regulations also maintains the same standard that the city has developed over the past twenty (20) years in terms of the classifications of a bar and a restaurant.

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Factors for consideration of action

1. Compliance with zoning requirements and policies Current city ordinances include ‘taverns’ and ‘private clubs’ which are now considered by the State as age-restricted establishments. Additionally, current city ordinance does not provide the type of use proposed by the applicant for a ‘liquor only’ bar excluding beer. In an effort to simplify the ordinance and provide additional clarity the terms ‘tavern’ and ‘private clubs’ will be replaced with the term ‘drinking establishment’, which will also include any restaurant which has more revenue from alcohol than food. This amendment brings State and city regulations into compliance with each other.

2. Reason for amendment

There are two reasons for the proposed amendment. First is to provide a use that is currently not found in city ordinances which would allow a bar that DOES NOT serve beer. Currently all city definitions require beer sales as part of a tavern or private use. The definition of ‘drinking establishment’ includes the provision to allow a liquor only bar without beer which the applicant is proposing for Ogden’s Own.

The second reason is to update city ordinances based on Utah State legislation changes. Although the State refers to taverns, and private clubs, the over reaching definition of these places is a bar. To avoid confusion, staff is proposing to remove those definitions (tavern, private club) from the ordinance and provide one over reaching definition that includes any tavern, or private club use. Drinking establishments will allow for bars that serve either beer or liquor as is common use for a tavern or private club.

A similar definition for a ‘Drinking Establishment’ was proposed to the City Council in 2015 where the term ‘drinking establishment’ would replace the term ‘private club’. This was done in an effort to reduce the amount of confusion as the State included several different types of clubs. It is the same in this instance where drinking establishments would encompass all taverns and clubs, social or private, that served alcoholic beverages.

Past HistoryHistory July 2004- Approval of an ordinance amendment to allow corner buildings to be considered for either linear block street. February 2009- Denial of an ordinance amendment to redefine “linear block” to mean just one side of the street so that four (4) taverns or private clubs could be allowed per street.

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August 2015 – Approval of ordinance change to replace private clubs to social clubs

Attachments

1. Petition 2. Staff Recommended changes to current ordinance

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1. Petition

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2. Staff recommended changes to current ordinance

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