ZP 02-07 Staff Report

From Weber County Wiki

Planning Staff Report

December 11, 2007

Zoning Petition 02-2007 by Weber County to Amend Chapter 1 - General Provisions (Definitions) of the Weber County Zoning Ordinance

Background

In an attempt to refine and provide clear explanation as to how certain terms apply to the provisions of the Weber County Zoning Ordinance, Weber County has initiated an amendment to the ordinance listed in the Weber County Zoning Ordinance as Chapter 1- General Provisions (Definitions).

Chapter 1-General Provisions is attached with proposed deletions “stricken out” and proposed clarifying language inserted in colored text.

Conformance to General Plan

A goal of the Ogden Valley and Western Weber County General Plans is to promote the general welfare, safety, health, convenience and economic prosperity of the residents of the County. It would be consistent with the General Plans to refine and add clarifying language to the definitions found in Chapter 1-General Provisions.

Staff Recommendations

Staff recommends approval of the amendment to the above ordinance.

Planning Commission Response Required

A recommendation to the Board of County Commissioners to:

1. Approve with stated reasoning.
2. Deny with stated reasoning.
3. Approve with revisions and state reasoning.
4. Table with stated reasoning and specific instructions for additional information and/or review.

Chapter 1: General Provisions and Definitions

1-1 Short Title

This Ordinance shall be known as the "Uniform Land Use Ordinance of Weber County, Utah." The Township Planning Commissions is to be the Land Use Authority, with due responsibility to administer the Land Use Ordinance. Any appeals of the Land Use Authority will be heard by the Board of Adjustment as outline in Chapter 29 of the Land Use Ordinance. Appeal of Conditional Use applications will be heard by the Board of County Commissioners

1-2 Purpose

This ordinance is designed and enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity and welfare of the present and future inhabitants of Weber County, State of Utah, including amongst other things, the lessening of congestion in the streets, or roads, securing from fire and other dangers, providing adequate light and air, classification of land uses and distribution of land development and utilization, protection of the tax base, securing economy in governmental expenditures, fostering the County's agricultural and other industries, and the protection of both urban and non-urban development.

1-3 Interpretation

In interpreting and applying the provisions of this Ordinance, the requirements contained herein are declared to the minimum requirements for the purpose set forth. Specific uses listed as Permitted or Conditional uses in a zone are allowed; uses not listed are not allowed in that zone.

1-4 Conflict

This Ordinance shall not nullify the more restrictive provisions of covenants, agreements, other ordinance or laws, but shall prevail notwithstanding such provisions which are less restrictive. Where a conflict exists between various provisions of this ordinance, the Planning Commission and/or Board of Adjustment shall rule on which provision applies.

1-5 Effect on Previous Ordinances and Maps

The existing ordinances of the County covering the zoning of areas and districts in Weber County, in their entirety and including the maps heretofore adopted and made a part of said ordinances are hereby superseded and amended to read as set forth herein; provided, however, that this Ordinance including the attached maps, shall be deemed a continuation of previous ordinances, and not a new enactment, insofar as the substance of revisions of previous ordinances is included in this Ordinance, whether in the same or different language; and this Ordinance shall be so interpreted upon all questions of construction, including but not limited to questions of construction, relating to tenure of officers and boards established by previous ordinances and to questions of conforming or nonconforming use, buildings and structures, and to questions as to the dates upon which such uses, buildings or structures become conforming or nonconforming.

1-6 Definitions

Only the Definitions that are being amended are shown below. For all definitions please see the General Provisions & Definitions chapter.

For the purpose of this Ordinance, certain words and terms are defined as follows: words used in the present tense include the future; words in the singular number include the plural and the plural for singular; words not included herein but defined in the Building Code or other County codes shall be construed as defined therein. References to the Ogden Valley area also include the Ogden Canyon area, which includes all of unincorporated Weber County east of the Ogden City Limits on State Highway 39, as adopted on maps attached to the Ogden Valley General Plan.

AGRICULTURE

Use of land for primarily farming and related purposes such as pastures, farms, dairies, horticulture, animal husbandry, and crop production, but not the keeping or raising of domestic pets, nor any agricultural industry or business such as fruit packing plants, fur farms, animal hospitals or similar uses.

AGRICULTURAL PARCEL

A single parcel of land, at least 5.0 acres in area if vacant, or 5.26 acres with a residential dwelling unit. This definition needs to be fulfilled in order to qualify for the agricultural building exemption.

APARTMENTS, ACCESSORY

Accessory apartments shall have a common wall and roof for at least twenty (20) ft. with the main home, with an opening from the accessory apartment to the main home, into a common living area of the main home. The opening can be closed off by a door. Basement apartments meet this requirement with the common floor. The stairs which lead to the main floor and opens up into the common living space of the main home, can be closed off by a door. The accessory apartment opening into a garage or storage area doesn’t meet the intent of the ordinance, and is not permitted. An accessory apartment doesn’t constitute a dwelling unit.

APARTMENT HOTEL

Any building which contains dwelling units and satisfies the definition of a hotel as defined in this Ordinance.

APARTMENT HOUSE

A multiple dwelling; see Dwelling, Multiple-family.

APARTMENT COURT

Any building or group of buildings which contains dwelling units, and also satisfies the definition of a tourist court, as defined in this Ordinance.

BASEMENT/CELLAR

A story having more than one-half (½) of its height below grade: The portion below the natural grade shall not be counted as part of the building height. A cellar shall not be counted as a story for the purpose of height measurement.

BOARDING HOUSE

(See also Lodging House) A building with not more than five (5) guest rooms, where for compensation, lodging and meals are provided for more than fifteen (15) persons.

BUILDING, FRONT

On corner lots, the front yard setback will be determined by the architectural front of the house, which is where the address is located.

BUILDING, HEIGHT OF

The vertical distance from the average of the highest natural grade and the lowest natural grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the highest point of the ridge of a pitch or hip roof.

CABARET/NIGHTCLUB

A business establishment open to public patronage where food and drink is prepared, served or offered for sale or sold for human consumption on or off the premises, and whose patrons may be entertained by performers who sing or dance or perform theatrical acts, and where the patrons may or may not dance. The term "cabaret" is inclusive of night clubs.

CAR PORT

A private garage not completely enclosed by walls or doors: For the purposes of this Ordinance, a car port shall be subject to all of the regulations prescribed for a private garage.

CELLAR

A story having more than one-half (½) of its height below grade:. A cellar shall not be counted as a story for the purpose of height measurement.

COURT

An unoccupied space on a lot, other than a yard, designed to be partially surrounded by group dwellings.

FINANCIAL GUARANTEE

In lieu of actual installations of the improvements required by the Weber County Zoning Ordinance, a letter of credit from or an escrow agreement from a Utah lending institution, or a corresponding lending institution an escrow agreement, in an amount equal to the future cost of the installation of the improvements, as determined by the County Engineer and/or Planning Director, and approved by the County Attorney, to assure the installation of such improvements within a period of one (1) two (2) years or less as determined and approved by the County Commissioners. Corresponding lending institution is a financial institute that have branches located in Utah.

FRONTAGE

All the property fronting one (1) side of the street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, and dead-end street, or political subdivision boundary, measured along the street line. The end of a stub street shall not be construed to be frontage on a street. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts. At no point shall the frontage be less than fifty (50) feet, and shall meet the lot width at the thirty (30) ft. setback.

FRONT LOT LINE

The property line of the lot toward which the front line of a main building faces or may face, and which abuts a public dedicated street, a right-of-way or fee title access strip. approved by the Planning Commission as a Special Exception, or a street made public by right of use

GOLF COURSE

A parcel or portion of a parcel of land used for the playing of golf, including driving ranges, and all uses incidental to the principal use, but not including miniature golf.

GROCERY STORE

A store for the retail sales of food and household goods.

GROSS LIVABLE FLOOR AREA

Is the total livable finish space within a home. Areas such as garages are not consider livable space.

LOCATED BEHIND THE DWELLING

The setbacks are measured from the farthest rear location of the dwelling and is parallel to the front lot line.

LOCKOUT SLEEPING ROOM

A sleeping room in a dwelling, dwelling unit, condominium unit or condominium rental apartment with separate or common access and toilet facilities but no cooking facilities except a hotplate, which may be rented independently of the main unit for nightly rental by locking interior access. A lockout sleeping room shall not be sold independently from the main dwelling unit, and is not considered a dwelling unit when figuring density on a parcel of land.

MODEL HOME

A residential dwelling, built by a developer as an example of the possible dwellings to be built on an individual lot for the subdivision that lots are being sold for, not for lots outside the subdivision or in other subdivisions being developed by the same subdivider. Usually, but not necessarily furnished, the model home is on display for potential lot buyers to tour, but with no sales office included in the model.

NET DEVELOPABLE AREA

Net Developable Area” is land that is excluded from use in density calculations or deemed undevelopable by this or any other County, State, or Federal law, ordinance or regulation. The area within existing and proposed public and private road right-of-ways shall not be counted as “Net Developable Area.”

OPEN SPACE, PUBLIC

Amenities in a development such as trails that open to public and are for public enjoyment.

PARKING LOT SURFACE

Any area that is provide for clients or customers, either public or private, a place to park, shall be hard surface of asphalt or concrete. Exception to this requirement will be made for seasonal transient amusements such as corn maze, fair, festival etc. The second exception will made for legitimate agricultural type operations such as petting farm, green house or garden plant sales, ect.

TOURIST COURT OR MOTEL

Any building or group of buildings containing sleeping rooms, with sanitary facilities, with or without fixed cooking facilities, designed for temporary use by automobile tourists or transients, with garage attached or parking space conveniently located to each unit, including auto courts, motels or motor lodges.

TRANSFER COMPANY

A company established to provide expert shipping services that include the shipping, receiving, inspection and temporary warehousing of commercial or household goods.

TRANSFER STATION

A facility or site used for the temporary deposition and storage of waste products until such products are transported to a facility for treatment or disposal.

USE, MAIN

The principal use of land or structures, as distinguished from a secondary or accessory use. Dwellings on parcels meeting the definition of an AGRICULTURAL PARCEL, the dwelling shall be the main use.

VENDOR, SHORT TERM

The sale of products from a trailer, mobile store, or kiosk subject to the following requirements:

1. Must be located on an improved site which includes, but not limited to, such items as curb and gutter, fire protection, parking surface, drainage, etc., to be determined at the time of conditional use site plan application. The planning administrator can at their discretion approve administratively.
2. The same vendor cannot use the same parcel for more than one hundred-twenty (120) consecutive days in a year for the same business
3. A short term vendor is allowed only one permit per parcel per year
4. The product cannot be materially altered on site (no cooking of food), Health Department approval is required, and
5. Must comply with Weber County sign ordinances.

WIDTH OF LOT

The horizontal distance measured between the side lot lines at the minimum setback distance from the front lot line required for the depth of the front yard. The width at this point needs to meet the lot width requirements of the zoning designation.

WIDTH OF LOT

The horizontal distance measured along a line - parallel to the front lot line - that is located between the side lot lines and at a distance required for the minimum setback line that is parallel to the front lot line and located between the side lot lines and at a the minimum setback distance from the front lot line required for the depth of the front yard. The width at this point needs to meet the lot width requirements of the zoning designation.