North Ogden City Zoning Code

11-1

GENERAL PROVISIONS

11-1-1: TITLE

This title shall be known as the LAND USE CODE OF NORTH OGDEN CITY as a part of the City Code of North Ogden (CCNO).

11-1-2: PURPOSE

This Title is designed and enacted in order to provide for the health, safety and welfare, and promote the prosperity, improve the morals, peace and good order, comfort, convenience and aesthetics of the city, and its present and future inhabitants and businesses, to protect the tax base, secure economy and governmental expenditures, foster the state's agricultural and other industries, protect both urban and nonurban development, and wildlands, to protect property values, and to govern uses, density, open spaces, structures, buildings, energy efficiency, light and air quality, transportation, active transportation, infrastructure, public facilities, vegetation, trees and landscaping.

11-1-3: INTERPRETATION AND APPLICABILITY

Applicability. All Federal and State laws shall apply.
Interpretation. In interpreting and applying the provisions of this Title, the requirements contained herein are declared to be the minimum requirements for the purpose set forth. The Planning Director shall act as the land use authority to interpret the ordinance to members of the public, city departments, and to other branches of government, subject to general and specific policies established by the Planning Commission and City Council. Upon request, the Planning Director shall make a written interpretation of the text of this Title.
Existing Ordinances and Maps. The existing ordinances of the city governing the zoning of areas and districts in the city in their entirety and including the maps heretofore adopted and made a part of said ordinances are hereby superseded and amended to read as set forth herein.

11-1-4: LAND USE AUTHORITIES

Planning Director.
1. Powers and Duties. The Planning Director and/or designee shall act as the land use authority to accomplish or cause to be accomplished all administrative actions required by this Title, including the giving of notice, holding of hearings, preparation of staff reports, and receiving and processing applications of variances and appeals.
Building Official.
1. Powers and Duties. Review and approve building permits and certificates of occupancy.
City Engineer.
1. Powers and Duties. The City Engineer shall act as the review and decision making authority for all public works requirements including those referencing the Public Works Standards. The City Engineer shall also be responsible for inspection of site inspections as related Public Works Standards.
Code Enforcement Officer.
1. Powers and Duties. The Code Enforcement Officer shall enforce all provisions of this Title and shall inspect or cause to be inspected all building exteriors in the course of construction, alteration or repair, and any change in the use of land.
Administrative Hearing Officer.
1. Powers and Duties. The Administrative Hearing Officer (AHO) is granted the following powers and duties:
  1. To decide petitioners for variances as defined in state law and this Title.
  2. To hear appeals and act as the appeal authority from land use decisions hinging on the interpretation of state or local zoning laws.
Planning Commission.
1. Specified; Appointment. The Planning Commission shall consist of seven (7) members. Appointments to the Planning Commission shall be made by the Mayor, with the advice and consent of the City Council. The term of office for appointed members shall be for five (5) years and shall be staggered so as to have no more than two (2) members' terms expire each year. Each member of the Planning Commission shall serve until the expiration of the term for which they are appointed, and until a successor is appointed and qualified. Any vacancy occurring during the term of any member of the Planning Commission by reason of death, resignation, removal or disqualification shall be promptly filled by appointment by the Mayor, with the advice and consent of the City Council for the unexpired portion of the term.
2. Chairperson; Vice Chairperson. The Planning Commission shall appoint one of the seven (7) members to serve as chairperson. The Planning Commission shall select one of its members to serve as vice chairperson in the absence of the chairperson. Both appointments shall be for a period of one year. Their duties and responsibilities shall be those outlined in the Planning Commissioners' rules of Rules of Procedure.
3. Selection of Members. The Mayor shall solicit and review applications for each available position of the Planning Commission. A selected applicant may then be appointed, with the advice and consent of the City Council, upon a majority vote of a quorum of the City Council members. If the person selected by the Mayor does not receive the advice and consent of the City Council, the Mayor may select another applicant and may repeat the process until an applicant receives the advice and consent of the City Council. In making the selection of candidates, the Mayor and City Council shall consider the background and experience of the applicant, the areas of the city represented on the commission, and other qualifications that may lend to the applicant's ability to perform the tasks of a Planning Commissioner.
4. Removal. The Mayor, with the advice and consent of the City Council, may remove any member of the Planning Commission with cause.
5. Compensation. Members of the Planning Commission shall serve and be compensated per the City compensation policy. They may be reimbursed for reasonable expenses including travel and education as approved in the City travel policy.
6. Powers and Duties. The Planning Commission shall:
  1. Prepare and recommend a General Plan and amendments to the General Plan to the City Council.
  2. Recommend zoning ordinances and maps, and amendments to zoning ordinances and maps, to the City Council.
  3. Recommend subdivision regulations and amendments to those regulations to the City Council.
  4. Advise the City Council on matters as directed by the City Council.
  5. Hear or decide any matters that the City Council designates, including the approval or denial of conditional use permits and the conditions to be attached to such permits.
  6. Exercise any other powers
    1. That are necessary to enable it to perform its functions; and
    2. Delegated to it by the City Council.
7. Maintain Record of Proceedings. The Planning Commission shall keep a public record of its proceedings in accordance with the Open and Public Meetings Act UCA 52-4 et seq., which shall be filed with the City Recorder.
8. Adopt Rules of Procedure. The Planning Commission shall adopt rules of procedure to govern their meetings and members conduct at their meetings, subject to the provisions of the laws of the state and the planning and zoning ordinances of the city, and may amend such rules from time to time. All such rules and all amendments thereof shall be reduced to writing and shall be filed with the city recorder. These rules of procedure shall be public documents and will be available for inspection by the public during the city's regular business hours and during all meetings of the Planning Commission.
9. Cooperation with County. The Planning Commission, in the exercise of its powers and the discharge of its duties, shall seek to cooperate with the Planning Commission of the county and neighboring cities to develop a coordinated plan for the future development of the city and the county.
10. Meetings. The Planning Commission a.k.a. the land use authority shall conduct regular meeting(s), which shall be published annually at:
  
  North Ogden Municipal Building
  505 East 2600 North
  North Ogden City Council Chambers
  North Ogden, Utah
City Council.
1. Appointment. The City Council is appointed per CCNO 1-5.
2. Powers and Duties. The City Council shall follow the powers, duties, and procedures as per CCNO 1-5.

11-1-5: REVIEW AND DECISION AUTHORITIES

The Planning Director (PD), the Appeal Authority (AA), the Planning Commission (PC), and the City Council (CC) acting as Land Use Authorities each have the following primary authority to review and make final determination on applications for compliance with this Title.

Type of Review	PD	PC	CC	AA	Meeting Type
Land Use Permits	D				NA
Conditional Use Permits	R	D			Public Meeting
Site Plan	R	D			Public Meeting
Boundary Line Adjustment¹	D				NA
Concept Subdivision Plan (Optional)	R	R			Optional
Preliminary Subdivision Plat	R	D			Public Meeting
Final Subdivision Plat	D				NA
Subdivision Amendment	D				NA²
Minor Subdivision (10 lots or less)	D				NA
Street and/or Easement Vacation	R	R	D		NA
Business License	R (zoning review only)				NA
Variance/Appeal	R			D	Public Meeting
Zoning Map and/or Text Change	R	R	D		Planning Commission holds a Public Hearing. City Council holds a Public Meeting or may hold a Public Hearing
General Plan Amendment	R	R	D		Planning Commission holds a Public Hearing. City Council holds a Public Meeting or may hold a Public Hearing

R = Review, D = Decision

¹No action required unless the lots created are not in compliance with this Title
²Public hearing only required if adjacent owners object or if not all owners in the subdivision have been notified per Utah State Code 10-9a-608

11-1-6: CODE ENFORCEMENT

Permit and Certificates; Compliance Required. No permit or license shall be granted for the construction or alteration of any building or structure if such construction or alteration is in violation of any provision of this Land Use Code; nor shall use of any building or land if such use would be in violation of this Land Use Code or any law of the state.
Inspections; Abatement. If, in the course of inspection, or otherwise, it shall come to the Code Enforcement Officer’s attention that any such construction, alteration or repair, non-compliance with conditions of an approved site plan, conditional use permit, or subdivision, or that any use or contemplated use of land is in violation of the provisions of this Title, said officer shall issue a written order to the person responsible therefor; ordering and directing such person to cease and desist such construction, alteration, repair or use. If the order to cease and desist is not complied with within thirty (30) days, then the Code Enforcement Officer shall report the violation to the City Legal Department for further action. Upon the recommendation of the City Council, the Legal Department shall bring a civil action for the abatement of any nuisance existing in violation of this Title.
Request for Assistance. The Code Enforcement Officer may call for the assistance of the law enforcement personnel whenever, in their opinion, such assistance is necessary or convenient in the investigation of a suspected violation of this Title or the enforcement of the provisions of this Title.

11-1-7: ANNEXED TERRITORY

At the time of annexation of new territory to the city, the City Council shall, upon the recommendation of the Planning Commission, classify such territory for zoning purposes according to the zones established by this Title.

11-1-8: PENALTY

Any person who violates this Title or any provision thereof with respect to occupied homes shall be guilty of an infraction, subject to penalty as provided in CCNO 1-4-1 and may also be charged under Utah Code § 26-23-3. The fine shall be established in the North Ogden City Fee Schedule. If an individual receives a penalty/fine on the same residence three times the next penalty/fine shall be a Class B misdemeanor with a mandatory court appearance and a fine as established in the North Ogden City Fee Schedule.
Any person who violates this Title or any provision related to activities which are not directly related to an occupied single-family home shall be guilty of a class B misdemeanor and a fine as established in the North Ogden City Fee Schedule.

11-1-9: VESTED RIGHTS

Land Use Application.
1. An applicant is entitled to approval of a land use application if the application conforms to the requirements of the city's zoning map and applicable land use ordinance in effect when a complete application is submitted and all fees have been paid, unless:
  1. The governing body, on the record, finds that a compelling, countervailing public interest would be jeopardized by approving the application; or
  2. In the manner provided by local ordinance and before the application is submitted the municipality has formally initiated proceedings to amend its ordinances in a manner that would prohibit approval of the application as submitted.
2. The City shall process an application without regard to proceedings initiated to amend the municipality's ordinances if:
  1. One hundred eighty (180) days have passed since the proceedings were initiated; and
  2. The proceedings have not resulted in an enactment that prohibits the approval of the application as submitted.
3. An application for a land use approval is considered submitted and complete when the application is provided in a form that complies with the requirements of applicable ordinances and all applicable fees have been paid.
4. The continuing validity of an approval of a land use application is conditioned upon the applicant proceeding after approval to implement the approval with reasonable diligence within 1 year or as allowed as per CCNO 11-2-5 E.

11-1-10: COMPLIANCE TO PROCEED

After the City accepts an improvement completion assurance for public landscaping or infrastructure improvements for a development in accordance with this Title the City may not deny an applicant a building permit if the development meets the requirements for the issuance of a building permit under the Building Code and Fire Code.
In addition, the City shall not withhold issuance of a certificate of occupancy due to the applicant’s failure to comply with a requirement that is not expressed in City codes, ordinances, and conditions of approval. The City is bound by the terms and standards of applicable land use ordinances and shall comply with mandatory provisions of those ordinances.
Temporary Regulations.
1. The City Council may, without prior consideration of or recommendation from the Planning Commission, enact an ordinance establishing a temporary land use regulation for any part or all of the area within the municipality if:
  1. The legislative body makes a finding of compelling, countervailing public interest; or
  2. The area is unregulated.
2. A temporary land use regulation under Subsection (C)(1)(a) may prohibit or regulate the erection, construction, reconstruction, or alteration of any building or structure or any subdivision approval.
  1. A temporary land use regulation under Subsection (C)(1)(a) may not impose an impact fee or other financial requirement on building or development.
  2. The City Council shall establish a period of limited effect for the ordinance not to exceed six months.

North Ogden City Zoning Code

11-1

GENERAL PROVISIONS

11-1-1: TITLE

This title shall be known as the LAND USE CODE OF NORTH OGDEN CITY as a part of the City Code of North Ogden (CCNO).

11-1-2: PURPOSE

This Title is designed and enacted in order to provide for the health, safety and welfare, and promote the prosperity, improve the morals, peace and good order, comfort, convenience and aesthetics of the city, and its present and future inhabitants and businesses, to protect the tax base, secure economy and governmental expenditures, foster the state's agricultural and other industries, protect both urban and nonurban development, and wildlands, to protect property values, and to govern uses, density, open spaces, structures, buildings, energy efficiency, light and air quality, transportation, active transportation, infrastructure, public facilities, vegetation, trees and landscaping.

11-1-3: INTERPRETATION AND APPLICABILITY

Applicability. All Federal and State laws shall apply.
Interpretation. In interpreting and applying the provisions of this Title, the requirements contained herein are declared to be the minimum requirements for the purpose set forth. The Planning Director shall act as the land use authority to interpret the ordinance to members of the public, city departments, and to other branches of government, subject to general and specific policies established by the Planning Commission and City Council. Upon request, the Planning Director shall make a written interpretation of the text of this Title.
Existing Ordinances and Maps. The existing ordinances of the city governing the zoning of areas and districts in the city 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.

11-1-4: LAND USE AUTHORITIES

Planning Director.
1. Powers and Duties. The Planning Director and/or designee shall act as the land use authority to accomplish or cause to be accomplished all administrative actions required by this Title, including the giving of notice, holding of hearings, preparation of staff reports, and receiving and processing applications of variances and appeals.
Building Official.
1. Powers and Duties. Review and approve building permits and certificates of occupancy.
City Engineer.
1. Powers and Duties. The City Engineer shall act as the review and decision making authority for all public works requirements including those referencing the Public Works Standards. The City Engineer shall also be responsible for inspection of site inspections as related Public Works Standards.
Code Enforcement Officer.
1. Powers and Duties. The Code Enforcement Officer shall enforce all provisions of this Title and shall inspect or cause to be inspected all building exteriors in the course of construction, alteration or repair, and any change in the use of land.
Administrative Hearing Officer.
1. Powers and Duties. The Administrative Hearing Officer (AHO) is granted the following powers and duties:
  1. To decide petitioners for variances as defined in state law and this Title.
  2. To hear appeals and act as the appeal authority from land use decisions hinging on the interpretation of state or local zoning laws.
Planning Commission.
1. Specified; Appointment. The Planning Commission shall consist of seven (7) members. Appointments to the Planning Commission shall be made by the Mayor, with the advice and consent of the City Council. The term of office for appointed members shall be for five (5) years and shall be staggered so as to have no more than two (2) members' terms expire each year. Each member of the Planning Commission shall serve until the expiration of the term for which they are appointed, and until a successor is appointed and qualified. Any vacancy occurring during the term of any member of the Planning Commission by reason of death, resignation, removal or disqualification shall be promptly filled by appointment by the Mayor, with the advice and consent of the City Council for the unexpired portion of the term.
2. Chairperson; Vice Chairperson. The Planning Commission shall appoint one of the seven (7) members to serve as chairperson. The Planning Commission shall select one of its members to serve as vice chairperson in the absence of the chairperson. Both appointments shall be for a period of one year. Their duties and responsibilities shall be those outlined in the Planning Commissioners' rules of Rules of Procedure.
3. Selection of Members. The Mayor shall solicit and review applications for each available position of the Planning Commission. A selected applicant may then be appointed, with the advice and consent of the City Council, upon a majority vote of a quorum of the City Council members. If the person selected by the Mayor does not receive the advice and consent of the City Council, the Mayor may select another applicant and may repeat the process until an applicant receives the advice and consent of the City Council. In making the selection of candidates, the Mayor and City Council shall consider the background and experience of the applicant, the areas of the city represented on the commission, and other qualifications that may lend to the applicant's ability to perform the tasks of a Planning Commissioner.
4. Removal. The Mayor, with the advice and consent of the City Council, may remove any member of the Planning Commission with cause.
5. Compensation. Members of the Planning Commission shall serve and be compensated per the City compensation policy. They may be reimbursed for reasonable expenses including travel and education as approved in the City travel policy.
6. Powers and Duties. The Planning Commission shall:
  1. Prepare and recommend a General Plan and amendments to the General Plan to the City Council.
  2. Recommend zoning ordinances and maps, and amendments to zoning ordinances and maps, to the City Council.
  3. Recommend subdivision regulations and amendments to those regulations to the City Council.
  4. Advise the City Council on matters as directed by the City Council.
  5. Hear or decide any matters that the City Council designates, including the approval or denial of conditional use permits and the conditions to be attached to such permits.
  6. Exercise any other powers
    1. That are necessary to enable it to perform its functions; and
    2. Delegated to it by the City Council.
7. Maintain Record of Proceedings. The Planning Commission shall keep a public record of its proceedings in accordance with the Open and Public Meetings Act UCA 52-4 et seq., which shall be filed with the City Recorder.
8. Adopt Rules of Procedure. The Planning Commission shall adopt rules of procedure to govern their meetings and members conduct at their meetings, subject to the provisions of the laws of the state and the planning and zoning ordinances of the city, and may amend such rules from time to time. All such rules and all amendments thereof shall be reduced to writing and shall be filed with the city recorder. These rules of procedure shall be public documents and will be available for inspection by the public during the city's regular business hours and during all meetings of the Planning Commission.
9. Cooperation with County. The Planning Commission, in the exercise of its powers and the discharge of its duties, shall seek to cooperate with the Planning Commission of the county and neighboring cities to develop a coordinated plan for the future development of the city and the county.
10. Meetings. The Planning Commission a.k.a. the land use authority shall conduct regular meeting(s), which shall be published annually at:
  
  North Ogden Municipal Building
  505 East 2600 North
  North Ogden City Council Chambers
  North Ogden, Utah
City Council.
1. Appointment. The City Council is appointed per CCNO 1-5.
2. Powers and Duties. The City Council shall follow the powers, duties, and procedures as per CCNO 1-5.

11-1-5: REVIEW AND DECISION AUTHORITIES

Type of Review	PD	PC	CC	AA	Meeting Type
Land Use Permits	D				NA
Conditional Use Permits	R	D			Public Meeting
Site Plan	R	D			Public Meeting
Boundary Line Adjustment¹	D				NA
Concept Subdivision Plan (Optional)	R	R			Optional
Preliminary Subdivision Plat	R	D			Public Meeting
Final Subdivision Plat	D				NA
Subdivision Amendment	D				NA²
Minor Subdivision (10 lots or less)	D				NA
Street and/or Easement Vacation	R	R	D		NA
Business License	R (zoning review only)				NA
Variance/Appeal	R			D	Public Meeting
Zoning Map and/or Text Change	R	R	D		Planning Commission holds a Public Hearing. City Council holds a Public Meeting or may hold a Public Hearing
General Plan Amendment	R	R	D		Planning Commission holds a Public Hearing. City Council holds a Public Meeting or may hold a Public Hearing

11-1-6: CODE ENFORCEMENT

Permit and Certificates; Compliance Required. No permit or license shall be granted for the construction or alteration of any building or structure if such construction or alteration is in violation of any provision of this Land Use Code; nor shall use of any building or land if such use would be in violation of this Land Use Code or any law of the state.
Inspections; Abatement. If, in the course of inspection, or otherwise, it shall come to the Code Enforcement Officer’s attention that any such construction, alteration or repair, non-compliance with conditions of an approved site plan, conditional use permit, or subdivision, or that any use or contemplated use of land is in violation of the provisions of this Title, said officer shall issue a written order to the person responsible therefor; ordering and directing such person to cease and desist such construction, alteration, repair or use. If the order to cease and desist is not complied with within thirty (30) days, then the Code Enforcement Officer shall report the violation to the City Legal Department for further action. Upon the recommendation of the City Council, the Legal Department shall bring a civil action for the abatement of any nuisance existing in violation of this Title.
Request for Assistance. The Code Enforcement Officer may call for the assistance of the law enforcement personnel whenever, in their opinion, such assistance is necessary or convenient in the investigation of a suspected violation of this Title or the enforcement of the provisions of this Title.

11-1-7: ANNEXED TERRITORY

At the time of annexation of new territory to the city, the City Council shall, upon the recommendation of the Planning Commission, classify such territory for zoning purposes according to the zones established by this Title.

11-1-8: PENALTY

Any person who violates this Title or any provision thereof with respect to occupied homes shall be guilty of an infraction, subject to penalty as provided in CCNO 1-4-1 and may also be charged under Utah Code § 26-23-3. The fine shall be established in the North Ogden City Fee Schedule. If an individual receives a penalty/fine on the same residence three times the next penalty/fine shall be a Class B misdemeanor with a mandatory court appearance and a fine as established in the North Ogden City Fee Schedule.
Any person who violates this Title or any provision related to activities which are not directly related to an occupied single-family home shall be guilty of a class B misdemeanor and a fine as established in the North Ogden City Fee Schedule.

11-1-9: VESTED RIGHTS

Land Use Application.
1. An applicant is entitled to approval of a land use application if the application conforms to the requirements of the city's zoning map and applicable land use ordinance in effect when a complete application is submitted and all fees have been paid, unless:
  1. The governing body, on the record, finds that a compelling, countervailing public interest would be jeopardized by approving the application; or
  2. In the manner provided by local ordinance and before the application is submitted the municipality has formally initiated proceedings to amend its ordinances in a manner that would prohibit approval of the application as submitted.
2. The City shall process an application without regard to proceedings initiated to amend the municipality's ordinances if:
  1. One hundred eighty (180) days have passed since the proceedings were initiated; and
  2. The proceedings have not resulted in an enactment that prohibits the approval of the application as submitted.
3. An application for a land use approval is considered submitted and complete when the application is provided in a form that complies with the requirements of applicable ordinances and all applicable fees have been paid.
4. The continuing validity of an approval of a land use application is conditioned upon the applicant proceeding after approval to implement the approval with reasonable diligence within 1 year or as allowed as per CCNO 11-2-5 E.

11-1-10: COMPLIANCE TO PROCEED

After the City accepts an improvement completion assurance for public landscaping or infrastructure improvements for a development in accordance with this Title the City may not deny an applicant a building permit if the development meets the requirements for the issuance of a building permit under the Building Code and Fire Code.
In addition, the City shall not withhold issuance of a certificate of occupancy due to the applicant’s failure to comply with a requirement that is not expressed in City codes, ordinances, and conditions of approval. The City is bound by the terms and standards of applicable land use ordinances and shall comply with mandatory provisions of those ordinances.
Temporary Regulations.
1. The City Council may, without prior consideration of or recommendation from the Planning Commission, enact an ordinance establishing a temporary land use regulation for any part or all of the area within the municipality if:
  1. The legislative body makes a finding of compelling, countervailing public interest; or
  2. The area is unregulated.
2. A temporary land use regulation under Subsection (C)(1)(a) may prohibit or regulate the erection, construction, reconstruction, or alteration of any building or structure or any subdivision approval.
  1. A temporary land use regulation under Subsection (C)(1)(a) may not impose an impact fee or other financial requirement on building or development.
  2. The City Council shall establish a period of limited effect for the ordinance not to exceed six months.

North Ogden City Zoning Code

11-1

GENERAL PROVISIONS

11-1-1: TITLE

This title shall be known as the LAND USE CODE OF NORTH OGDEN CITY as a part of the City Code of North Ogden (CCNO).

11-1-2: PURPOSE

This Title is designed and enacted in order to provide for the health, safety and welfare, and promote the prosperity, improve the morals, peace and good order, comfort, convenience and aesthetics of the city, and its present and future inhabitants and businesses, to protect the tax base, secure economy and governmental expenditures, foster the state's agricultural and other industries, protect both urban and nonurban development, and wildlands, to protect property values, and to govern uses, density, open spaces, structures, buildings, energy efficiency, light and air quality, transportation, active transportation, infrastructure, public facilities, vegetation, trees and landscaping.

11-1-3: INTERPRETATION AND APPLICABILITY

Applicability. All Federal and State laws shall apply.
Interpretation. In interpreting and applying the provisions of this Title, the requirements contained herein are declared to be the minimum requirements for the purpose set forth. The Planning Director shall act as the land use authority to interpret the ordinance to members of the public, city departments, and to other branches of government, subject to general and specific policies established by the Planning Commission and City Council. Upon request, the Planning Director shall make a written interpretation of the text of this Title.
Existing Ordinances and Maps. The existing ordinances of the city governing the zoning of areas and districts in the city 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.

11-1-4: LAND USE AUTHORITIES

Planning Director.
1. Powers and Duties. The Planning Director and/or designee shall act as the land use authority to accomplish or cause to be accomplished all administrative actions required by this Title, including the giving of notice, holding of hearings, preparation of staff reports, and receiving and processing applications of variances and appeals.
Building Official.
1. Powers and Duties. Review and approve building permits and certificates of occupancy.
City Engineer.
1. Powers and Duties. The City Engineer shall act as the review and decision making authority for all public works requirements including those referencing the Public Works Standards. The City Engineer shall also be responsible for inspection of site inspections as related Public Works Standards.
Code Enforcement Officer.
1. Powers and Duties. The Code Enforcement Officer shall enforce all provisions of this Title and shall inspect or cause to be inspected all building exteriors in the course of construction, alteration or repair, and any change in the use of land.
Administrative Hearing Officer.
1. Powers and Duties. The Administrative Hearing Officer (AHO) is granted the following powers and duties:
  1. To decide petitioners for variances as defined in state law and this Title.
  2. To hear appeals and act as the appeal authority from land use decisions hinging on the interpretation of state or local zoning laws.
Planning Commission.
1. Specified; Appointment. The Planning Commission shall consist of seven (7) members. Appointments to the Planning Commission shall be made by the Mayor, with the advice and consent of the City Council. The term of office for appointed members shall be for five (5) years and shall be staggered so as to have no more than two (2) members' terms expire each year. Each member of the Planning Commission shall serve until the expiration of the term for which they are appointed, and until a successor is appointed and qualified. Any vacancy occurring during the term of any member of the Planning Commission by reason of death, resignation, removal or disqualification shall be promptly filled by appointment by the Mayor, with the advice and consent of the City Council for the unexpired portion of the term.
2. Chairperson; Vice Chairperson. The Planning Commission shall appoint one of the seven (7) members to serve as chairperson. The Planning Commission shall select one of its members to serve as vice chairperson in the absence of the chairperson. Both appointments shall be for a period of one year. Their duties and responsibilities shall be those outlined in the Planning Commissioners' rules of Rules of Procedure.
3. Selection of Members. The Mayor shall solicit and review applications for each available position of the Planning Commission. A selected applicant may then be appointed, with the advice and consent of the City Council, upon a majority vote of a quorum of the City Council members. If the person selected by the Mayor does not receive the advice and consent of the City Council, the Mayor may select another applicant and may repeat the process until an applicant receives the advice and consent of the City Council. In making the selection of candidates, the Mayor and City Council shall consider the background and experience of the applicant, the areas of the city represented on the commission, and other qualifications that may lend to the applicant's ability to perform the tasks of a Planning Commissioner.
4. Removal. The Mayor, with the advice and consent of the City Council, may remove any member of the Planning Commission with cause.
5. Compensation. Members of the Planning Commission shall serve and be compensated per the City compensation policy. They may be reimbursed for reasonable expenses including travel and education as approved in the City travel policy.
6. Powers and Duties. The Planning Commission shall:
  1. Prepare and recommend a General Plan and amendments to the General Plan to the City Council.
  2. Recommend zoning ordinances and maps, and amendments to zoning ordinances and maps, to the City Council.
  3. Recommend subdivision regulations and amendments to those regulations to the City Council.
  4. Advise the City Council on matters as directed by the City Council.
  5. Hear or decide any matters that the City Council designates, including the approval or denial of conditional use permits and the conditions to be attached to such permits.
  6. Exercise any other powers
    1. That are necessary to enable it to perform its functions; and
    2. Delegated to it by the City Council.
7. Maintain Record of Proceedings. The Planning Commission shall keep a public record of its proceedings in accordance with the Open and Public Meetings Act UCA 52-4 et seq., which shall be filed with the City Recorder.
8. Adopt Rules of Procedure. The Planning Commission shall adopt rules of procedure to govern their meetings and members conduct at their meetings, subject to the provisions of the laws of the state and the planning and zoning ordinances of the city, and may amend such rules from time to time. All such rules and all amendments thereof shall be reduced to writing and shall be filed with the city recorder. These rules of procedure shall be public documents and will be available for inspection by the public during the city's regular business hours and during all meetings of the Planning Commission.
9. Cooperation with County. The Planning Commission, in the exercise of its powers and the discharge of its duties, shall seek to cooperate with the Planning Commission of the county and neighboring cities to develop a coordinated plan for the future development of the city and the county.
10. Meetings. The Planning Commission a.k.a. the land use authority shall conduct regular meeting(s), which shall be published annually at:
  
  North Ogden Municipal Building
  505 East 2600 North
  North Ogden City Council Chambers
  North Ogden, Utah
City Council.
1. Appointment. The City Council is appointed per CCNO 1-5.
2. Powers and Duties. The City Council shall follow the powers, duties, and procedures as per CCNO 1-5.

11-1-5: REVIEW AND DECISION AUTHORITIES

Type of Review	PD	PC	CC	AA	Meeting Type
Land Use Permits	D				NA
Conditional Use Permits	R	D			Public Meeting
Site Plan	R	D			Public Meeting
Boundary Line Adjustment¹	D				NA
Concept Subdivision Plan (Optional)	R	R			Optional
Preliminary Subdivision Plat	R	D			Public Meeting
Final Subdivision Plat	D				NA
Subdivision Amendment	D				NA²
Minor Subdivision (10 lots or less)	D				NA
Street and/or Easement Vacation	R	R	D		NA
Business License	R (zoning review only)				NA
Variance/Appeal	R			D	Public Meeting
Zoning Map and/or Text Change	R	R	D		Planning Commission holds a Public Hearing. City Council holds a Public Meeting or may hold a Public Hearing
General Plan Amendment	R	R	D		Planning Commission holds a Public Hearing. City Council holds a Public Meeting or may hold a Public Hearing

11-1-6: CODE ENFORCEMENT

Permit and Certificates; Compliance Required. No permit or license shall be granted for the construction or alteration of any building or structure if such construction or alteration is in violation of any provision of this Land Use Code; nor shall use of any building or land if such use would be in violation of this Land Use Code or any law of the state.
Inspections; Abatement. If, in the course of inspection, or otherwise, it shall come to the Code Enforcement Officer’s attention that any such construction, alteration or repair, non-compliance with conditions of an approved site plan, conditional use permit, or subdivision, or that any use or contemplated use of land is in violation of the provisions of this Title, said officer shall issue a written order to the person responsible therefor; ordering and directing such person to cease and desist such construction, alteration, repair or use. If the order to cease and desist is not complied with within thirty (30) days, then the Code Enforcement Officer shall report the violation to the City Legal Department for further action. Upon the recommendation of the City Council, the Legal Department shall bring a civil action for the abatement of any nuisance existing in violation of this Title.
Request for Assistance. The Code Enforcement Officer may call for the assistance of the law enforcement personnel whenever, in their opinion, such assistance is necessary or convenient in the investigation of a suspected violation of this Title or the enforcement of the provisions of this Title.

11-1-7: ANNEXED TERRITORY

At the time of annexation of new territory to the city, the City Council shall, upon the recommendation of the Planning Commission, classify such territory for zoning purposes according to the zones established by this Title.

11-1-8: PENALTY

Any person who violates this Title or any provision thereof with respect to occupied homes shall be guilty of an infraction, subject to penalty as provided in CCNO 1-4-1 and may also be charged under Utah Code § 26-23-3. The fine shall be established in the North Ogden City Fee Schedule. If an individual receives a penalty/fine on the same residence three times the next penalty/fine shall be a Class B misdemeanor with a mandatory court appearance and a fine as established in the North Ogden City Fee Schedule.
Any person who violates this Title or any provision related to activities which are not directly related to an occupied single-family home shall be guilty of a class B misdemeanor and a fine as established in the North Ogden City Fee Schedule.

11-1-9: VESTED RIGHTS

Land Use Application.
1. An applicant is entitled to approval of a land use application if the application conforms to the requirements of the city's zoning map and applicable land use ordinance in effect when a complete application is submitted and all fees have been paid, unless:
  1. The governing body, on the record, finds that a compelling, countervailing public interest would be jeopardized by approving the application; or
  2. In the manner provided by local ordinance and before the application is submitted the municipality has formally initiated proceedings to amend its ordinances in a manner that would prohibit approval of the application as submitted.
2. The City shall process an application without regard to proceedings initiated to amend the municipality's ordinances if:
  1. One hundred eighty (180) days have passed since the proceedings were initiated; and
  2. The proceedings have not resulted in an enactment that prohibits the approval of the application as submitted.
3. An application for a land use approval is considered submitted and complete when the application is provided in a form that complies with the requirements of applicable ordinances and all applicable fees have been paid.
4. The continuing validity of an approval of a land use application is conditioned upon the applicant proceeding after approval to implement the approval with reasonable diligence within 1 year or as allowed as per CCNO 11-2-5 E.

11-1-10: COMPLIANCE TO PROCEED

After the City accepts an improvement completion assurance for public landscaping or infrastructure improvements for a development in accordance with this Title the City may not deny an applicant a building permit if the development meets the requirements for the issuance of a building permit under the Building Code and Fire Code.
In addition, the City shall not withhold issuance of a certificate of occupancy due to the applicant’s failure to comply with a requirement that is not expressed in City codes, ordinances, and conditions of approval. The City is bound by the terms and standards of applicable land use ordinances and shall comply with mandatory provisions of those ordinances.
Temporary Regulations.
1. The City Council may, without prior consideration of or recommendation from the Planning Commission, enact an ordinance establishing a temporary land use regulation for any part or all of the area within the municipality if:
  1. The legislative body makes a finding of compelling, countervailing public interest; or
  2. The area is unregulated.
2. A temporary land use regulation under Subsection (C)(1)(a) may prohibit or regulate the erection, construction, reconstruction, or alteration of any building or structure or any subdivision approval.
  1. A temporary land use regulation under Subsection (C)(1)(a) may not impose an impact fee or other financial requirement on building or development.
  2. The City Council shall establish a period of limited effect for the ordinance not to exceed six months.