104-2-5 Site Development Standards

a. The following site development standards apply to a lot or parcel in the agricultural zones, unless specified otherwise in this Land Use Code. Lot area: AV-3 Minimum for single-family dwelling: Minimum for other use: Minimum for 2-acre use [see Section 104-2-4]: 3 acres Minimum for 5-acre use [see Section 104-2-4]: Lot width: 5 acres AV-3 Minimum lot width: 150 feet Minimum for 2 and 5-acre use [see Section 104-2-4]: b. Yard setback: 1. Front yard setback: 300 feet AV-3 Minimum front yard setback: 30 feet 2. Side yard setback: AV-3 Minimum for dwelling: 10 feet with total width of 2 side yards not less than 24 feet Minimum for other main building: 20 feet Minimum for side facing street on corner lot: 20 feet Minimum for accessory building: 10 feet except 1 foot if located at least 6 feet in rear of main building Minimum for accessory buildings over 1,000 sq. ft. for storage of personal equipment and materials: See Section 108-7-16. 3. Rear yard setback: Main building: Accessory building: AV-3 30 feet 1 foot except 10 feet where accessory building on a corner lot rears on side yard of an adjacent lot d. Building height: Minimum main building height: Maximum main building height: Maximum accessory building height: AV-3 1 story 35 feet 25 feet unless meeting requirements of Section 108-7-16, Large accessory buildings Section 104-3-1 Agricultural Irrigation Conditions and Development Responsibility 1. Lawful agricultural irrigation practices existing prior to subdivision or development approval, including surface irrigation runoff, tailwater, seepage, and return flows, are presumed lawful conditions of the area. 2. New development shall be designed to reasonably accommodate such existing irrigation conditions. Failure of a property owner to mitigate known irrigation conditions shall not create liability for upstream or adjacent irrigators engaged in lawful agricultural practices. 3. Where development alters drainage patterns, concentrates runoff, or obstructs established irrigation overflow paths, the developer or property owner shall bear responsibility for mitigation necessary to prevent property damage. 4. Nothing in this section shall be construed to shield any person from liability for negligent or unlawful diversion of water. Section 104-3-2 . Recorded Notice Subdivision plats subject to this Chapter shall include a recorded notice acknowledging the presence of irrigation infrastructure and lawful agricultural irrigation conditions. Section 104-4 Existing Agricultural Uses, Operations, and Structures A. Purpose. The purpose of this section is to recognize and protect lawful agricultural uses, agricultural operations, and agricultural structures that existed prior to the effective date of incorporation of Ogden Valley City or prior to the effective date of any subsequently adopted land use regulation that would otherwise render such use or structure nonconforming or noncomplying, while preserving the City’s authority to regulate future expansion, enlargement, reconstruction, and changes in use in the interest of public health, safety, and welfare. B. Applicability. This section applies to agricultural uses, agricultural operations, agricultural structures, and agricultural improvements located within Ogden Valley City that were lawfully existing on January 1, 2026, or on the effective date of incorporation of Ogden Valley City, whichever is earlier. C. Existing Agricultural Uses. 1. Any lawful agricultural use or agricultural operation existing on the date identified in Subsection B, and continuously maintained thereafter, shall be deemed a lawful existing nonconforming use and may continue, notwithstanding the adoption or amendment of any provision of this title that would otherwise prohibit, restrict, or limit that use. 2. Protected agricultural uses may include, as applicable and as actually existing on the applicable benchmark date: a. cultivation and crop production; b. grazing and pasturing; c. livestock keeping and husbandry; d. accessory agricultural activities customarily incidental to the operation; and e. similar bona fide agricultural activities lawfully conducted on the property. D. Existing Agricultural Structures and Improvements. 1. Any lawful agricultural structure or agricultural improvement existing on the date identified in Subsection B shall be deemed a lawful existing noncomplying structure or improvement and may remain, notwithstanding the adoption or amendment of any setback, yard, height, location, area, or similar dimensional requirement of this title. Utah law defines a noncomplying structure as one that legally existed before the current land use designation and later became out of compliance because of changed setback, height, or similar dimensional regulations. 2. Protected structures and improvements may include, as applicable and as actually existing on the applicable benchmark date: a. barns; b. sheds; c. corrals; d. pens; e. stables; f. loafing sheds; g. riding arenas; h. feed storage areas; i. fencing; j. irrigation-related agricultural improvements; and k. other agricultural outbuildings or improvements customarily associated with a lawful agricultural operation. E. Continuation; Maintenance; Repair; Replacement in Kind. 1. A protected agricultural use, operation, structure, or improvement may be continued, maintained, repaired, and replaced in kind in the same general location and to substantially the same extent as existed on the applicable benchmark date. 2. Ordinary maintenance, repair, and replacement in kind shall not be considered an unlawful expansion or enlargement under this section, provided the work does not: a. materially increase the degree of noncompliance; b. materially enlarge the footprint of a noncomplying structure; c. materially intensify the use beyond the historical scope of the operation; or d. create a new or additional violation of this title. F. No Automatic Right to Expand or Intensify. 1. This section protects the continuation of an existing lawful agricultural use, operation, structure, or improvement, but does not create a right to: a. expand the use onto additional land area not devoted to that use on the applicable benchmark date; b. construct a new agricultural structure that did not exist on the applicable benchmark date; c. enlarge an existing agricultural structure in a manner that increases or creates noncompliance; d. change to a more intensive agricultural or nonagricultural use; or e. increase livestock numbers beyond the historical scale of the operation existing on the applicable benchmark date, except as may be approved under this title. 2. For purposes of this section, “historical scale of the operation” may account for normal and customary seasonal variation, ordinary fluctuations in herd size, crop rotation, and similar operational characteristics, so long as the operation remains substantially consistent with the nature and intensity of the agricultural use lawfully existing on the applicable benchmark date. G. Evidence of Protected Status. 1. A property owner asserting protection under this section shall have the burden of demonstrating that the agricultural use, operation, structure, or improvement: a. lawfully existed on the applicable benchmark date; and b. has been continuously maintained, except for ordinary seasonal or temporary interruptions customary in agriculture. 2. Evidence may include, without limitation: a. aerial photographs; b. tax or assessor records; c. permits or approvals; d. water records; e. agricultural records; f. business records; g. affidavits or declarations; h. historical photographs; and i. other substantial evidence reasonably relied upon by the Zoning Administrator. H. Administrative Determination. 1. Upon request of a property owner or upon initiation by the City in connection with enforcement or land use review, the Zoning Administrator may issue a written determination regarding whether a claimed agricultural use, operation, structure, or improvement qualifies for protection under this section. 2. The written determination shall identify, to the extent reasonably ascertainable: a. the nature of the protected use, operation, structure, or improvement; b. the basis for the determination; and c. any reasonable conditions necessary to distinguish permitted continuation from unlawful expansion or intensification. 3. A determination under this section may be appealed to the City’s appeal authority in the manner provided elsewhere in this code and by Utah law. I. Abandonment or Discontinuance. 1. A protected agricultural use shall lose its protected status if abandoned or discontinued in accordance with applicable Utah law or other applicable provisions of this code governing nonconforming uses. 2. A protected agricultural structure or improvement shall lose its protected status if voluntarily removed, intentionally demolished, or abandoned and not thereafter maintained as a usable agricultural structure or improvement, subject to applicable Utah law. J. Health and Safety Regulations. Nothing in this section shall prevent the City from enforcing generally applicable building, fire, floodplain, drainage, sanitation, nuisance, or other health and safety regulations, provided the City shall not use such regulations to terminate a protected agricultural use, operation, structure, or improvement except as authorized by Utah law. Utah law allows municipalities to regulate these preexisting rights but not simply extinguish them because a new zoning rule was later adopted. K. Relationship to Other Provisions. In the event of a conflict between this section and another provision of this title, this section shall control with respect to the continued lawful existence of an agricultural use, agricultural operation, agricultural structure, or agricultural improvement qualifying for protection under this section.