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North Ogden City Zoning Code

11-2

APPLICATION PROCEDURES

11-2-1: PURPOSE AND INTENT

  1. The purpose of this section is to establish regulations and procedures for the processing and consideration of applications allowed by this Land Use Code.

11-2-2: ADMINISTRATION, AND ENFORCEMENT

  1. Development Applications. A development application shall be required for approval of all proposed development reviewed under this Title, including subdivisions, additions to existing buildings and temporary uses. All development applications are available from the Planning Department and on the City’s website. The City is not obligated to act on any application that is not complete or does not contain all of the information required herein.
  2. Applicability of the Subdivision Ordinance. Review of land use requirements and subdivision approval may be completed concurrently.
  3. Requirements Fulfilled Prior to Activity. No use, development or development activity may be commenced until all necessary approvals, permits and licenses have been issued in accordance with the provisions of this Title, and all required fees have been paid by the applicant.
  4. Fees for Processing Applications.
    1. Fees for processes under this Title shall be established by the North Ogden City Consolidated Fee Schedule.
  5. Notice of Decision.
    1. Record of Final Decision. After hearing the evidence and considering the application, the approving land use authority (Planning Commission, Planning Director or his designee, Hearing Officer, or City Council) shall make its written findings and have them entered in the minutes.
    2. Notice of Decision. Upon a decision by the approving authority, a notice of decision shall be mailed to the applicant at the address or e-mail address given in the application. A notice of decision can be a new written notice, a copy of the administrative approval form signed by the Planning Director or designee, or a copy of the approved minutes. A decision by the approving authority is final at the time the written notice of decision is issued. If a notice of decision is not sent, the decision shall be final on the date the minutes from the meeting are approved by the approving authority. The Planning Department shall also mail notice of any decisions to any person or agency who, in writing, requested such notification before the decision was rendered. Decisions are subject to requirements and conditions stated in the staff report and listed in the meeting minutes.

11-2-3: ADMINISTRATIVE DECISIONS

  1. The Planning Director, or designee, is designated as the land use authority to deny, approve, or approve with conditions an application for the following administrative applications:
    1. Home occupations.
    2. Land use permits for concrete, sheds, and changes on property that do not require a building permit to ensure compliance with land use requirements.
    3. Accessory dwelling units, Daycares, and Preschools. Applications for daycares and preschools shall be processed as a site plan review per CCNO 11-2-9.
    4. Single Family homes on lots in an approved subdivision and duplexes within an approved subdivision or an appropriately zoned single lot.
  2. Denial of Administrative Application. The Planning Director may deny an application for an administrative approval if the use fails to comply with specific standards set forth in the city code or if any of the required findings are not supported by evidence in the record as determined by the director. The Planning Director can direct the Planning Commission to hear the request for an administrative approval.
  3. Courtesy Public Notice. The administrative approval process includes a courtesy public notice and comment per city code if an application is heard by Planning Commission.
  4. Appeals. Appeals from administrative decisions shall be submitted to the Planning Department not more than 10 calendar days after the date of the written notice of decision in accordance with CCNO 11-6 of et seq. Appeals from administrative decisions shall be heard and decided as outlined in CCNO 11-6 et seq.

11-2-4: TECHNICAL REVIEW COMMITTEE

  1. Process. All site plans, conditional use permits, and subdivisions, except single family dwellings and two-family dwellings require a Technical Review (TRC) meeting. In order for an application to be scheduled for a TRC meeting, a complete application must be received and accepted by the Planning Department which coordinates the TRC meeting schedule.
  2. Meeting with Representatives. The applicant is provided an opportunity to meet with representatives from, the Planning Department, other City Departments, all applicable utility providers, and other interested governmental agencies, to receive comments regarding the application. At this meeting, the applicant will receive comments and suggestions from the TRC members. These comments are written and copies provided to the applicant following the meeting. The comments detail the extent to which the plans are required to be revised to meet City Code and in order for the city to schedule land use authority consideration of their project. Extensive revisions caused by the TRC comments concerning noncompliance or by voluntary action of the applicant, may require additional TRC meetings. A confirmation from sanitary sewer, water and secondary water utility providers of their ability to serve the project, in letter form, is required.

11-2-5: LAND USE PERMITS

  1. Purpose and Intent. The purpose of this section is to establish the requirements for land use permits from the Planning Department.
  2. Applicability. Effective June 13, 2017, it is unlawful for any person, whether acting as owner, occupant or contractor, to fail to obtain a written land use permit from the Planning Director for:
    1. The installation of any asphalt, concrete, or other hard surface material or structure on any property, other than walkways, ornamental landscaping features, or for the minor repair of existing legal hard surfaced areas; or
    2. The use of, or change of use for, any lot or parcel not involving the erection, construction, reconstruction or alteration of a building or structure; or
    3. The installation of any fence over three (3’) in height within a required yard area, or the installation of any fence within a "sight triangle area" of any lot, as defined in CCNO 11-9M-15.
    4. The city shall not impose on a holder of an issued land use permit a requirement that is not expressed:
      1. In the land use permit or in documents on which the land use permit is based; or
      2. In the city's ordinances.
  3. Land Use Permit Required.
    1. In order to verify compliance with applicable regulations, all land uses that require a land use permit by this Title are not allowed until a land use permit has received final written approval from the Planning Director.
    2. No structure, including agricultural structures, shall be constructed, changed in use, or altered, as regulated by this Title, until and unless a land use permit or, if applicable, a conditional use permit, has received final written approval from the appropriate land use authority as defined in CCNO 11-1-4.
    3. No application for permits or approvals governed by this Title shall be approved for any lot or parcel until all unresolved zoning, subdivision, building, business license, nuisance, or other violations on the lot or parcel, related to the application or on any parcel included in any manner as part of the application, are resolved, unless approval of the application will resolve all of the existing violations of the application.
    4. All departments, officials, and public employees of the city, which are vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this Title and shall issue any permit or license for uses, buildings, or purposes where the same would be in conflict with the provisions of this code. Any permit or license issued in conflict with the provisions of this Title shall be null and void.
    5. The payment of the appropriate fee in accordance with the North Ogden City Consolidated Fee Schedule.
  4. Land Use Permit Revocation.
    1. A land use permit may be revoked by the Planning Director or designee, for violation of any part of this Land Use Code related to the specific use or permit in accordance with the following:
      1. Prior to permit revocation, the land owner and, if different, permittee shall be given thirty (30) days upon receipt of notice to resolve the violation by bringing the property into compliance or by diligently pursuing an amendment or modification to the permit, as may be allowed by this Land Use Code.
      2. In the event compliance cannot be attained the land owner and, if different, permittee shall be given a notice of the impending permit revocation 14 days prior to final revocation. The notice of the impending permit revocation shall specify the violation, and inform the land owner and, if different, permittee of the right to request a hearing.
      3. The land owner and, if different, permittee shall have a right to an administrative hearing with the Planning Director to show cause for why the permit should not be revoked, if a written request for such is submitted prior to a final written revocation decision. If a hearing is requested, final revocation of the permit shall be stayed until after the hearing. The hearing shall be scheduled at a time specified by the Planning Director. This act as an administrative appeal.
      4. Revocation of a permit is final upon the issuance of a final written decision.
      5. Revocation of a permit shall not prohibit prosecution or any other legal action taken on account of the violation, as provided in this Land Use Code or any other applicable law.
  5. Land Use Permit Termination.
    1. Sixty Day Limitation; Extension. If a request of the Planning Department staff has not been responded to within sixty (60) days of the written request, the application may be terminated. The City staff may extend this deadline, or reinstate the application upon request by the applicant, if valid reasons are provided such as financial, legal, or circumstances clearly preventing the applicant from responding.
    2. Construction, Development within One Year. An application will be considered null and void if substantial construction or development has not occurred in connection with the application within one year of final approval. Substantial construction or development is defined as site improvements beyond grading that include physical construction structures.
    3. Resubmission upon Termination. Should the application be terminated, the applicant shall be required to resubmit the application and shall satisfy all requirements in place at the time of resubmission, including the payment of fees.

11-2-6: BUILDING PERMITS

  1. It is unlawful for any person, whether acting as owner, occupant or contractor, or otherwise, to erect, construct, reconstruct or alter, or change the use or occupancy of any building or other structure within the city contrary to any provisions of this Title, or without first obtaining a building permit from the Building Official. No building permit shall be issued by the Building Official unless a written land use permit has been issued by the Planning Director and, if otherwise required by the provisions of this Title or by the Planning Commission.
  2. No application for permits or approvals governed by this Title shall be approved for any lot or parcel until all unresolved zoning, subdivision, building, business license, nuisance, or other violations on the lot or parcel, or on any parcel included in any manner as part of the application, are resolved, unless approval of the application will resolve all of the existing violations.
  3. All applications on file for building permits shall be accompanied by a plan drawn to scale showing the actual dimensions of the lot to be built upon, the size and location of existing buildings or structures, grading plans, buildings or structures to be erected and existing buildings or structures on adjacent property and such other information as may be deemed necessary by the Building Official, or the Planning Director, for the enforcement of this Title. Such requirement may be met by submission of a site plan approved pursuant to CCNO 11-2-9. A record of such applications and permits shall be kept in the office of the Building Official.
  4. Building permits issued on the basis of plans and specifications approved by the Building Official, the Planning Director, or other approving official or agency, authorizes only the use, arrangement, and construction set forth in the approved plans and applications, and no other use, arrangement or construction. Use, arrangement, or construction that is contrary to approved plans and specifications shall be deemed a violation of this Title.

11-2-7: CERTIFICATE OF OCCUPANCY

  1. Issuance. No land shall be used or occupied and no building hereafter structurally altered or erected shall be used or changed in use until a certificate of occupancy and zoning compliance shall have been issued by the Building Official or the Planning Director stating that the building or structure or the proposed use thereof, or the use of land, complies with the provisions of this Title. A certificate of occupancy and zoning compliance either for the whole or a part of the building or structure shall be applied for coincidentally with the application for a building or land use permit and shall be issued after the erection or structural alteration of such building or structure, or part thereof, shall have been completed in conformity with the provisions of this Title or any condition imposed under the authority of this Title.
  2. Information. Any applicant for a certificate of occupancy and zoning compliance shall provide such information as needed to enforce the provisions of this Title as determined by the Building Official.

11-2-8: CONDITIONAL USE PERMITS

  1. Purpose and Intent.
    1. The purpose of this section is to provide for a reasonable application, review, and approval process for land uses that are specified as "conditional uses" These uses shall integrate into the community through the use of conditions, based on objective standards, intended to mitigate, the reasonably anticipated detrimental effects of a particular conditional use.
    2. Mitigate, as defined in State Law, means reduce, and does not mean eliminate. Conditional uses shall be approved on a case-by-case basis under the standards in this chapter.
    3. The applicant shall adequately demonstrate that the reasonably anticipated detrimental effects of the proposed use can be mitigated through the imposition of reasonable conditions based on standards in this chapter.
      1. A conditional use shall be approved if reasonable conditions are proposed, or can be proposed, to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with applicable standards.
      2. If the reasonably anticipated effects of a proposed conditional use cannot be mitigated by the proposal of the imposition of reasonable conditions to achieve compliance with applicable standards, the conditional use may be denied.
  2. Conditional Use Permit.
    1. When Required. A conditional use permit, including a site plan, shall be required:
      1. For all uses listed as conditional uses in any zone.
    2. Revocation of Permit. A conditional use permit may be revoked by the Planning Director upon the permittee’s failure to comply with the conditions imposed with the original approval of the permit. Notification of a revocation shall be provided to the property owner, after a thirty (30) day written of violation and opportunity to comply is given. Such notices are the responsibility of the Planning Director and/or the Code Enforcement Officer. Such notices may be contested though an application and a public meeting with the Planning Commission.
    3. Immediate Revocation. If, in the opinion of the Building Official, there is a threat to the public health and safety by the continued use or operation of an establishment that is permitted by a conditional use permit, the building inspector may immediately revoke the conditional use permit as described in subsection B of this section.
    4. Fines. If after revocation, or failure to complete the required conditions of approval, fines may be imposed, as established in the North Ogden City Fee Schedule or the conditional use may be given a defined time extension to correct the violation(s) which may be issued by the Planning Director and/or Code Enforcement Officer, when the extent of the violation(s) warrants additional time to correct.
    5. All conditional use permits run with the land and may require the applicant to record documents to that effect.
  3. Review Procedure.
    1. Application. Application for a conditional use permit, including a site plan, shall be made to the Planning Director.
    2. Plans Provided. Detailed location, site and building elevations and floor plans shall accompany the complete application forms provided by the City.
    3. Conditional Use applications shall include a pre-application meeting with the Planning Department.
      1. Conditional use applications are also reviewed with the Technical Review Committee, in which preliminary applications are reviewed and discussed prior to a formal application being submitted for review. Pre-application review includes:
        1. A review of the application, and associated documents for compliance with applicable sections/standards of the zoning ordinance.
        2. A review of the application to ascertain potential reasonably anticipated detrimental effects.
        3. If applicable, referral of the application to governmental or regulating entities having actual jurisdiction over the site in question, for recommendations.
        4. An on-site review of the proposal by the Planning Director or designee.
        5. A requirement that the applicant submit impact studies or other technical studies regarding grading, drainage, traffic, parking, geologic hazards, noise, and environmental contamination.
    4. Consideration by Planning Commission. The complete application, together with all pertinent information, shall be considered by the Planning Commission for an upcoming meeting as a public meeting, along with the application fee, is received.
    5. Upon receipt of a conditional use permit, the developer is authorized to proceed to building inspections, for review of the permit and conditions attached. Based on this review and compliance with any other items that might develop in the pursuance of his duties, the Building Official shall approve an application for a building permit if the application complies with the conditional use permit and all applicable building codes and other ordinances. The Building Official shall ensure that development is undertaken and completed in compliance with said permit and conditions pertaining thereto.
  4. Conditional Use Review Standards.
    1. The proposed conditional use shall comply with City ordinances, Federal, and State Law, as applicable to the use and to the site where the conditional use will be located; and
    2. Mitigation is required of reasonably anticipated detrimental effects that may arise from the conditional use, including:
      1. Detrimental effects of decreased street service levels and/or traffic patterns including the need for street modifications such as dedicated turn lanes, traffic control devices, safety, street widening, curb, gutter and sidewalks, location of ingress/egress, lot surfacing and design of off-street parking and circulation, loading docks, as well as compliance with off-street parking standards, including other reasonable mitigation as determined by a qualified traffic engineer.
      2. Detrimental effects on the adequacy of utility systems, water and sewer, solid waste, snow removal, service delivery, and capacities, including the need for such items as relocating, upgrading, providing additional capacity, irrigation systems, or preserving existing systems, including other reasonable mitigation as determined by the City’s engineering staff, contracted engineers, and utility service providers.
      3. Detrimental effects on connectivity and safety for pedestrians and bicyclists.
      4. Detrimental effects by the use due to its nature, including noise that exceeds sound levels normally found in residential areas, odors beyond what is normally considered acceptable, within a neighborhood including such effects as environmental impacts, dust, fumes, smoke, odor, noise, vibrations; chemicals, toxins, pathogens, gases, heat, light, electromagnetic disturbances, and radiation. Detrimental effects by the use may include hours of operation and the potential to create an attractive nuisance.
      5. Detrimental effects that increase the risk of contamination of or damage to adjacent properties and injury or sickness to people arising from, but not limited to, waste disposal, fire safety, geologic hazards, soil or slope conditions, liquefaction potential, site grading/topography, storm drainage/flood control, the removal of dangerous or blighted structures, high ground water, environmental health hazards, or wetlands, as determined by City Engineer, and/or other qualified specialists.
      6. Detrimental effects of modifications to exterior lighting that conflict with abutting properties.
      7. Detrimental effects arising from site design and/or building design in terms of use, scale, intensity, height, mass, setbacks, character, construction, solar access, landscaping, fencing, screening, lighting (on-site and adjacent street lighting), signs, and architectural design and exterior detailing/finishes and colors within the area.
      8. Detrimental effects on emergency fire service and emergency vehicle access.
      9. Detrimental effects on usable/functional/accessible open space and sensitive lands.
      10. Inadequate maintenance of the property and structures in perpetuity including performance measures, compliance reviews, and monitoring.
      11. Detrimental effects of excessive storm water generation.
  5. Performance Standards.
    1. Any permitted or conditional use must conform to the following performance standards. In conjunction with the plan review, the applicant shall provide to the Planning Director information that is sufficient to show that the proposed use and the manner of its conduct will meet the following performance standards:
      1. Glare or Heat. Any activity producing intense glare or heat shall be performed within a completely enclosed building in such a manner as not to create a nuisance or hazard along lot lines.
      2. Vibration. No vibration shall be permitted which is discernible beyond the lot line to the human sense of feeling for three (3) minutes or more duration in any one hour of the day between the hours of seven o'clock (7:00) A.M. to seven o'clock (7:00) P.M., or of thirty (30) seconds or more duration in any one hour during the hours of seven o'clock (7:00) P.M. and seven o'clock (7:00) A.M.
      3. Fly Ash, Dust, Fumes, Vapors, Gases and Other Forms of Air Pollution. No emission shall be permitted which can cause damage to health, to animals or vegetation, or other forms of property, or which can cause any excessive soiling.
      4. Prohibited Waste. No wastes shall be discharged in the public sewerage system which would endanger the normal operation of the public sewerage system or which would cause the system to violate any federal, state or local law.
      5. Odors. No emission of odorous gases or other odorous matter shall be permitted in such quantities as to be offensive in such a manner as to create a nuisance or hazard beyond the property lines.
        1. Noise. Noise shall meet all requirements of 5-3, Sound Regulations including the following applicable to this Title: No individual may broadcast sound at any level which is intentionally designed to disrupt a neighboring property owner's quiet enjoyment or activity or an Event on public property.
        2. Individuals may not disrupt Events on public property with sound amplification devices. It is considered a disruption if sound is broadcast at a level more than 55 dBA and on the property where the Event is being held.
  6. Determination.
    1. Each conditional use application shall be:
      1. Approved if the proposed use, including the manner and design in which a property is proposed for development, complies with the standards of this Title for approval; or
      2. Approved with conditions if the anticipated detrimental effects of the use, including the manner and design in which the property is proposed for development, can be mitigated with the imposition of reasonable conditions to bring about compliance with the standards of this Title; or
      3. Denied if the anticipated detrimental effects of the proposed use cannot be mitigated with the imposition of reasonable conditions of approval to bring about compliance with the standards of this Title. A change in the market value of real estate shall not be a basis for the denial of a proposed conditional use.
    2. Any conditions of approval shall be limited to conditions needed to mitigate potential detrimental effects and conform the conditional use to the standards outlined in the Ordinances of North Ogden City.
    3. After a decision is made by the Planning Commission, the Planning Director or designee shall provide the applicant written notice of the final decision of record along with any conditions, findings, and site plan modifications.
  7. Building Permit. Upon receipt of an approved conditional use permit, the applicant is authorized to submit building plans for review for IBC compliance. Such plans shall include all conditions from the approved conditional use permit. The Code Enforcement Officer and/or the Building Official shall ensure that development is undertaken and completed in compliance with said permit, the requirements of this Title and conditions as per the Planning Commission pertaining thereto.
  8. Expiration of Permit. If completed plans are not submitted and the appropriate fees are not paid for the use authorized by a conditional use permit within a period of one year of conditional use permit's issuance, the conditional use permit shall expire. The Planning Director may grant a maximum extension of one (1) year under exceptional circumstances if application for the extension is made prior to the expiration of the permit.

11-2-9: SITE PLAN REVIEW

  1. Purpose and Intent. The purpose of this section is to establish an administrative means by which site plan reviews for permitted and conditional use applications are processed and approved.
  2. Site Plan Approval Required. Site plans are required for all permitted and conditional uses. Permits for signs also require a site plan. Site plan applications are available on-line and at the City Offices.
  3. Land Use Authority.
    1. The Planning Commission is designated as the land use authority for all site plan reviews unless designated otherwise within this Title.
    2. Site plan approvals are required prior to the issuance of a building permit.
  4. Approval Criteria. To promote appropriate development of property within the City, no application for site plan review shall be approved unless it is demonstrated that the application meets the standards of this Title, including performance criteria in 11-2-8 (E).
  5. Application Submittal.
    1. A pre-application meeting with the Planning Department is required prior to the application submittal. A site plan review may be initiated by an owner of any property or any person, firm or corporation with the written consent of the owner of the property. A site plan application shall supply sufficient information about the development to assist the Planning Commission in making a decision on the site plan application.
    2. An application for a site plan review shall be submitted on forms provided by the Planning Department and available on the City’s website. Application shall expire eighteen (18) months after submittal, if not acted upon, provided however, the Planning Director may extend the application for six months for just cause.
  6. Development Conformance to Site Plan Approval Requirements.
    1. The applicant/owner and any assigns or successors in interest, is required to develop only in accordance with the proposals outlined and approved in the plan. Any materially different concept, use, building arrangement, etc., will not be approved for building permits to be issued by the city until such plan is reviewed and considered for an amendment by the Planning Commission.
    2. Minor changes to an approved site plan may be approved by the Planning Director or designees that are consistent with the intent of the original approval, so long as such changes do not constitute more than 5% of the original project area. Any changes shall be approved only if the modifications include improved or equivalent quality of materials or design. Any proposed changes that exceed 5% of the project area or that are deemed materially significant by the Planning Director shall require an amendment to the site plan and approval by the Planning Commission.
  7. Development Standards. In addition to the standards contained in this chapter, other development standards are found in CNO 11-9 through 11-12, and the North Ogden City Public Works Standards.
  8. Notice of Decision/Development Agreement. The site plan approval once granted shall be followed with a written notice of decision that shall identify the final requirements of all site plan review approvals. If deemed necessary, due to complex requirements, the Planning Commission may consider a development agreement if the applicant is willing, which shall be forwarded to the City Council for final determination.
  9. Expiration of Permit. If completed plans are not submitted and the appropriate fees are not paid for the use authorized by a site plan permit within a period of one year of the permit's issuance, the permit shall expire. The Planning Director may grant a maximum extension of one (1) year under exceptional circumstances, such as financial, material or labor shortages, if application for the extension is made prior to the expiration of the permit.

11-2-10: BOUNDARY LINE ADJUSTMENTS

  1. Steps Outlined. The preparation, submission and review of all boundary line adjustments shall consist of the following three (3) basic steps:
    1. Step 1: The application shall be reviewed by the Planning Department to ensure that it is complete and includes a recorded plat or record of survey drawn to scale of the proposed boundary line adjustment.
    2. Step 2: If determined by the Planning Director to be necessary the application will be circulated to members of the Technical Review Committee for review, comment, and any recommended conditions.
    3. Step 3: The Planning Director or his designee will write a notice of decision for the application and sign the plat or record of survey.
  2. Recordation of Boundary Line Adjustments.
    1. Following final approval, the applicant is responsible to coordinate with the City to record the appropriate documents with the Weber County Recorder.
    2. Public Improvements shall be required or a deferral agreement signed.

11-2-11: GENERAL DEVELOPMENT PROCEDURE FOR SUBDIVISIONS

  1. Steps Outlined. The preparation, submission and review of all subdivision plats located inside the corporate limits of the City shall consists of four (4) basic review steps as follows:
    1. Step 1: Pre-application meeting with the Planning Department.
    2. Step 1a: Optional Concept Plan Review with the Planning Commission. Applicants wanting to approach the Planning Commission before a formal application is submitted, may provide a concept plan (a conceptual layout of the proposed development). Planning staff consultation is recommended, but not required.
    3. Step 2: Preliminary Plat Application. After the submittal of a complete application on the form available through the Planning Department or on the City’s website the Preliminary Plat application will undergo review by the Technical Review Committee followed by the Planning Commission.
    4. Step 3: Preliminary Plat Approval. The final technical approval is managed by the Planning Director.
    5. Step 4: Final Plat/Improvement Plans. Based on the final approval of the preliminary plat, the final plat and improvement plans are managed through the Planning Director.

11-2-12: PRELIMINARY SUBDIVISION PLAT

  1. This stage includes submission of the preliminary plat, for review by the Planning Department, the City Engineer, and those agencies and utilities having jurisdiction within the development.
  2. Actions by Subdivider.
    1. The subdivider shall meet with the Planning Director and submit a preliminary plat application consisting of electronic copies of the proposed Preliminary Plat with general information regarding land use, street and lot arrangement, tentative lot sizes, slopes, existing topography, proposed grading and building pad concepts, and such additional information as may be required by staff and described on the application form in order to complete the submittal. Applications will only be processed if complete.
    2. Tentative proposals shall be based on information from the City Engineer or other appropriate agencies regarding water supply, sewage disposal, drainage, detention and street improvements. Where methods may be considered unconventional, or private, these may be indicated by notes.
  3. Actions by Planning Department. The Planning Department shall discuss the proposal with the subdivider in general terms, advising the subdivider of the procedural steps, design and improvement standards, and general platting requirements. Depending on the scope of the proposed development, the Planning Department shall distribute the "concept plans" to the following agencies, requesting that the following investigations be made:
    1. Planning Department.
      1. To check the existing zoning of the tract and its compliance with the general plan goals and objectives, including the proposed relationship to adjacent land uses and potential trails and park sites.
      2. To review the compliance with subdivision ordinance regulations and any other applicable regulations.
    2. North Ogden City Engineer.
      1. To review the relationship of the property to major streets, the culinary water distribution system, the storm water collection system using LID techniques, line sizing and location, utility systems and any unusual characteristics such as topography, flooding, landscaping, etc.
      2. To determine street width and right of way requirements, driveway relationships, minimum curve requirements and other traffic control related characteristics.
      3. To identify possible off site public improvements and dedications.
    3. Central Weber Sewer Improvement District. To review treatment plant capacity and other requirements of the district.
    4. North View Fire Department. To review the fire flow water system, line sizing and location and other requirements of the department.
    5. Other agencies having jurisdiction over the development shall be contacted and asked to provide an assessment of their capability to serve and potential infrastructure requirements.
  4. Conceptual Sketch Plan Review Process. Prior to the submission of a preliminary plat, the applicant may meet with the Planning Director to discuss the proposal and what constraints for development are believed to exist. Upon completion of this pre-application meeting, the applicant may choose to present the conceptual sketch plan to the Planning Commission for initial feedback. The purpose of this presentation is to provide the applicant with an opportunity to present why the proposed development is appropriate for the site. The application shall provide a conceptual sketch plan which shall include the following:
    1. Basic site analysis which includes existing features of the site, such as existing plant materials, steep slopes or rock outcroppings, views, and how they will be incorporated into the proposed development;
    2. Traffic flow patterns into, through, and out of the proposed development, including vehicular, pedestrian and other;
    3. The general location of housing units by type (i.e., detached dwelling units and attached dwelling units), along with other appropriate uses and amenities; and the existing land uses bordering the proposed site.
  5. The Planning Department shall convene the Technical Review Committee (TRC) to meet with the subdivider to provide a forum for comments from relevant agencies and City Departments, prior to a Planning Commission meeting. It is anticipated that the comments and clarifications from the TRC will result in modification of the Preliminary Plat submittal, which shall be accomplished prior to the Planning Commission meeting.
  6. Identification and descriptive data shall generally include an analysis of existing conditions on the site, sensitive lands, the lotting/block lengths, street extensions, and layout of the subdivision, Alta title report, utility systems/demands, and drainage and grading. Full details of the submittal requirements for a preliminary plat can be found on the application form online and in the City Offices. Subdivision names shall be coordinated with the County Recorder. Applications will only be processed if complete.
  7. Preliminary Plat Approval by the Planning Commission.
    1. Planning Commission Consideration. The Planning Commission shall consider the preliminary plat and the Technical Review Committee requirements and recommendations. If satisfied that all objectives and requirements of this chapter have been met, the Planning Commission may grant approval of the preliminary plat and make a notation of the Planning Commission approval on the copy retained in the permanent Planning Department file.
    2. Minor Revisions. If the plat is generally acceptable, but requires minor revisions, the Planning Commission may grant tentative approval and the required revisions will be noted in the minutes of the meeting.
    3. Denial. If the requirements of this Title have not been met, the Planning Commission may deny approval of the preliminary plat.
    4. If preliminary plat approval is granted by the Planning Commission, includes any required modifications, managing those changes becomes a responsibility of the Planning Department.
  8. The preliminary plat approval stage involves the resubmission of the preliminary plat to address the TRC comments. Planning Commission comments and staff guidance. Included in this stage is the review of the resubmitted plans and approval of the preliminary plat. The subdivider shall provide the department with all information essential to determine code compliance of the proposed development as described on the application form and combined with the requirements/comments from the process to date.
  9. Preliminary plat approval and authorization to proceed to the final plat is a responsibility of the Planning Director, in consultation with the City Engineer.
  10. Preliminary Plat Submission.
    1. Requirements. The applicant shall submit one electronic copy and 2 full sized, twenty-four inch by thirty six inch (24" x 36"), blue or black line paper prints of the preliminary plat. Preliminary plats that correctly contain all of the information requested or required by the TRC, Planning Commission, and staff guidance shall be filed. Incomplete or incorrect submittals could cause delays in a preliminary plat being processed for final approval.
    2. Incomplete; Rejection. The submittal shall be checked by the department for content. If incomplete, the subdivider will be notified and given the opportunity to comply within five (5) days. If compliance has not been met, the submittal is rejected.
    3. Substantial Nonconformance. An applicant shall be required to submit a new preliminary plat application, including fees and begin the review process described above again if the preliminary plat application, including any resubmitted versions, is not in substantial conformance from the original application. Substantial nonconformance is considered to be the following:
      1. An increase in the number of lots or units
      2. A change in the size or configuration of the area proposed to be disturbed
      3. The realignment of any vehicular rights of way or utility facilities

11-2-13: FINAL SUBDIVISION PLAT

  1. This stage includes submission of the final design of the subdivision and engineering of public improvements, including submittal of the final plat, for review by the Planning Department, the City Engineer, and those agencies and utilities having jurisdiction within the development.
  2. Final Plat Preparation. The final plat shall be prepared in accordance with requirements set forth in this section and shall conform to the approved preliminary plat.
    1. Improvement Plans. Improvement plans shall be submitted in accordance with the procedures and standards adopted by the city.
    2. Filing Fee. As per the annual fee schedule established by the City Council.
    3. Information Required for Final Plat Submittal. As required through the application found on-line or at the City offices.
  3. Final Staff Approval.
    1. The applicant shall submit an electronic copy and 2 full sized twenty-four inch by thirty-six inch (24" x 36") blue or black line paper prints of the final plat. Final plats that correctly contain all of the information requested or required by the staff shall be filed with the Planning Department. All final plat applications shall not be processed until all required information is complete.
    2. The Planning Department shall approve the final plat if satisfied that all the requirements of preliminary approval, approved engineering plans and requirements of this Title have been met.
    3. The final approval of the Planning Department is valid for one year from the date of granting final approval. After the one year of approval has passed, the final approval shall be null and void unless an extension of final approval has been requested by the developer and granted by the Planning Director.
    4. During the time of final approval of the subdivision, the developer shall submit a copy of the subdivision mylar(s), subdivision improvement drawings, a copy of the subdivision improvement guarantee documents and any other documents the subdivider or City desires to record with the subdivision.
    5. The Planning Director may grant a maximum of one extension for a period of one year. It may also grant a shorter time, depending on conditions of approval.
    6. Land use authority chair's signature within the signature block on the plat and the date the map was approved by the land use authority.
    7. After the plat has been signed and recorded, the City Engineer shall retain the recording copy until the City Engineer certifies that the final plat subdivision application is also complete.
    8. Certification by the Planning Department Administrative Assistant attesting to the completion of the final plat and associated documents/engineering plans as per the Planning Director’s authorization, allows the final plat to be recorded in the County Recorder’s office. Such recordings shall be accomplished with both the City Recorder and the subdivider present. No final plats shall be recorded until the proper fees have been paid to the City and the County.
    9. After the plat has been signed and recorded, the City Engineer shall retain the recording copy until the City Engineer certifies that the subdivision has been staked; that the engineering plans have been approved; computer closure of the plat has been received; that the subdivision improvement construction assurances are in the form and amount to the satisfaction of the City Engineer and the City Attorney, along with the engineer's estimated cost of said improvements has been received; and that any drainage or other restrictive easements have been signed, notarized and received from the subdivider.
    10. A certificate of recordation by the County Recorder is caused to be placed on the recording copies and filed in the office of the County Recorder. (Copies with book and page number can be requested by the subdivider for the county's standard fee.)

11-2-14: SUBDIVISION AMENDMENT

  1. Any division of a lot in a recorded subdivision shall be processed in accordance with CCNO 11-2-11.
  2. Application Procedure. For any change in a map of an approved or recorded subdivision plat, if such change affects any street layout shown on such map, area reserved thereon for public use, or any lot line, or if it affects any map or plan legally reached prior to the adoption of any regulations controlling subdivisions, such parcel shall be approved by the same procedure, rules and regulations as for a subdivision per CCNO 11-2-10 and 11-2-11.
  3. Future Resubdivision Indicated. Whenever a parcel of land is laid out and platted and the subdivision plat shows one or more lots containing more than one acre of land and there are indications that such lots will eventually be laid out and platted into building sites, the Planning Commission may require that such parcel of land allow for the future opening of streets and the ultimate extension of adjacent streets. Easements providing for the future opening and extensions of such streets may be made a requirement of the plat.
  4. Vacation of a Plat.
    1. Authority. Any plat or any part of any plat may be vacated in compliance with and according to the terms of Utah Code §10-9-808, as amended.
    2. Approval. Such an instrument shall be approved by the Planning Commission and City Council in like manner as plats of subdivisions. The City Council may reject any such instrument which abridges or destroys any public rights in any of its public uses, improvements, streets or alleys.
    3. Filing. Such an instrument shall be executed, acknowledged or approved, and recorded or filed, in like manner as plats of subdivisions; and being duly recorded or filed shall operate to destroy the force and effect of the recording of the plat so vacated and to divest all public rights in the streets, alleys and public grounds, and all dedications laid out or described in such plat.
    4. Owners. When lots have been sold, the plat may be vacated in the manner herein provided by all the owners of lots in such plat joining in the execution of such writing.

11-2-15: MINOR SUBDIVISIONS

  1. See NOCC 11-25 MINOR SUBDIVISIONS development standards.
  2. Steps Outlined. The preparation, submission and review of all minor subdivision plats located inside the corporate limits of the City shall consists of four (4) basic review steps as follows:
    1. Step 1: Optional pre-application meeting with Planning Department.
    2. Step 2: Application submission and review by the Planning Department.
    3. Step 3: If determined by the Planning Director to be necessary the application will be circulated to members of the Technical Review Committee for review, comment, and any recommended conditions.
    4. Step 4: The Planning Director will write a notice of decision.
HISTORY
Amended by Ord. 2025-05 on 4/22/2025

11-2-16:VARIANCE/APPEALS

  1. Variances and appeals shall be processed in accordance with CCNO 11-6-6 and 11-6-7.

11-2-17: ZONE MAP AND/OR TEXT AMENDMENT

  1. General Review Criteria. The City Council after a recommendation by the Planning Commission, using its legislative discretion, may amend the number, shape, boundary or area of any zoning district. The City Council may also amend any regulation or other provisions of a zoning district. The amendments may only occur in accordance with the following procedure.
  2. Submission. Any person, including staff, the Planning Commission or City Council, seeking an amendment to this Title or zoning map shall submit to the Planning Commission, on forms provided by the Planning Department including the following:
    1. A description of the specific amendment to this Title or zoning map.
    2. The reason and justification for the proposed amendment addressing all of the following:
      1. How the proposed amendment would further the purpose and intent of this Title;
      2. How the proposed amendment is consistent with the General Plan;
      3. How the proposed amendment meets the needs and policy of the City as expressed by the legislative body in sated goals and objectives; and
      4. If the proposed amendment is inconsistent with the General Plan, the applicant shall submit, concurrently with the amendment application, an application for amendment to the General Plan.
    3. Supporting documentation, maps, studies and any other information that would allow the City Council to make a decision.
  3. Council Initiated Amendment. If the City Council initiates an amendment, the proposed amendment shall be submitted to the Planning Commission for its recommendation. The Planning Commission's recommendation shall be returned to the City Council for its consideration within thirty (30) days. If the Planning Commission needs additional time to review a proposed amendment and make a recommendation to the City Council, it must send a memorandum to the City Council explaining why the review is taking longer than thirty (30) days and must provide follow up memoranda explaining the progress and issues the Planning Commission are reviewing on the proposed amendment each additional thirty (30) days until a recommendation is made.
  4. In no case shall an application for a proposed amendment, other than amendments initiated by the City Council or Planning Commission, be reviewed by the Planning Commission for a period greater than ninety (90) days, unless permission for an extension is granted by the applicant. The Planning Commission shall provide good cause reasoning based on unresolved issues.
  5. Inaction by Commission. Failure of the Planning Commission to take action within the ninety (90) day period every thirty (30) days shall be deemed reviewed by the Planning Commission with a recommendation of denial. This procedure does not include changes or amendments made by the City Council after a public hearing.

11-2-18: GENERAL PLAN AMENDMENT

  1. General Review Criteria. In consideration of a proposed General Plan Amendment, whether proposed by the City or a landowner/authorized agent, the City shall determine if:
    1. The proposed change reflects a new idea that is an improvement over the concepts detailed in the General Plan.
    2. The proposed change reflects a positive trend that the General Plan did not consider.
    3. The proposed change furthers many of the goals of the Plan but not necessarily the future land use plan.
    4. The proposed change has little or no impact on the overall General Plan.
    5. If any of the above criteria are met by the proposal, the Planning Commission and City Council may approve the change. Since this is a legislative decision, the Planning Commission and City Council have discretion as to its’ final resolution. Such proposals may involve development agreements to assure the concept promoted is developed as presented.
    6. Add criteria for major changes vs minor changes.
    7. City will look at the General Plan on a periodic basis which does not preclude a private citizen from requesting a plan amendment per application through the Planning Department.

11-2-19: MPC ZONE PROCESS AND APPLICATION REQUIREMENTS

  1. Steps Outlined. The submission and review process of a development application in the MPC zone consists of six (6) basic review steps as follows:
    1. Step 1: Pre-application meeting with the Planning Department.
    2. Step 2: City evaluation through the Technical Review Committee.
    3. Step 3: Planning Commission review. A public hearing following the procedure set forth in Section 11-2-17 for the rezoning of property shall be held and a recommendation made to the City Council, subject to any continuances as needed.
    4. Step 4: City Council review. A public meeting shall be held, following the procedure set forth in Section 11-2-17 for rezoning of property. The City Council may take any action permitted by law, including: approve the zone change and development agreement, modify as warranted, continue the application for additional information, or deny the application.
    5. Step 5: Planning Commission review of the site plans as a Conditional Use per the provisions of Section 11-2-8.
    6. Step 6: Final Development agreement approval with final plans by City Council. If significant variations from this Code are proposed, the development agreement shall require a public hearing.
  2. A pre-application meeting with North Ogden City Planning Department is required prior to application submittal to review the approval process and requirements of the Zone.
    1. Zoning Application. Completely fill out the current North Ogden zoning application available in the Planning Department and on the City’s website.
  3. Application Submission.
    1. The applicant shall submit a written statement describing the terms and conditions under which the property shall be developed and maintained subsequent to development. Such statements shall include any conditions, performance standards, and other reasonable restrictions as may be necessary to ensure the development and maintenance of the property in accordance with the approved development plan.
    2. The applicant shall submit a description of the objectives to be achieved by the development concept. The statement shall include, but is not limited to:
      1. The manner in which the proposed development meets or exceeds the intent of the North Ogden General Plan.
      2. The proposed architectural and site design concepts including style, colors, and type of materials, placement of structures to maximize views and take advantage of the site's natural characteristics.
      3. Specific concepts by which the proposed development shall make an orderly transition from existing or planned adjacent development including varied setbacks and facade treatment, open space elements, screening of parking areas, and landscaping of public or private open spaces and recreational facilities.
      4. The combination and coordination of architectural styles, building forms, building materials, and building relationships:
        1. Preservation and enhancement of desirable site characteristics such as natural topography, springs and streams, vegetation and geologic features, and the prevention of soil erosion.
        2. Preservation of buildings which are architecturally or historically significant or contribute to the character of the City.
        3. How the Use of design, landscape, and/or architectural features reinforce the theme of the development to create a pleasing environment.
        4. Inclusion of any special development amenities that are in the interest of the general public.
        5. Elimination of blighted structures or incompatible uses through redevelopment or rehabilitation.
        6. Inclusion of varied types of housing.
        7. Utilization of "green", Low Impact Development (LID), “Traditional Neighborhood” and “walkable” building techniques in development.
  4. Provide a Specific Plan including: a conceptual site plan, conceptual architectural renderings, exterior building materials lists, conceptual landscape plan, conceptual streetscapes, phasing plans, exterior lighting, interior site walkways and street connections. Consider addressing the design standards found in Section 11-9, Article K and the Site Design and Architectural features list found in Section 11-10, Article C.
  5. Complete the Development Agreement Template and include the following, as a minimum:
    1. Duration of agreement
    2. Legal description of the subject property
    3. Proposed uses including a table of land use percentages and the number and type of dwelling units
    4. Maximum density or intensity of the allowed uses and construction requirements, including, but not limited to, minimum and maximum building heights and building size
    5. The Specific Plan described in #4 above, and/or Subdivision Layout Plan identifying, but not limited to, the location and arrangement of all allowed uses, circulation patterns, and all required dedications and improvements
    6. A Phasing Schedule for all project phases and the timing for the provision of all features, dedications, and improvements
    7. A listing of all project features and facilities both private and proposed to be public
    8. A property management plan
    9. Other conditions, terms, restrictions, and requirements for subsequent actions and approvals
  6. Failure to provide accurate and full information concerning the above shall result in rejection of the application. Only complete applications shall be processed.
  7. Principal Reviews. Principal reviews shall be conducted by the following:
    1. Planning Director
    2. Building Official
    3. Public Works Department
    4. City Engineer
    5. Fire Department
    6. Parks & Recreation Department

11-2-20: HILLSIDE PROTECTION ZONES

  1. Steps Outlined. The submission and review process consists of three (3) basic review steps:
    1. Step 1: Conceptual Sketch Plan. The first step is submission to the Planning Director of a conceptual sketch plan to evaluate the appropriateness of the development based on the consideration of the existing features and perceived constraints of the proposed site.
    2. Step 2: Preliminary Development Plan. The second step is submission and review of the development plan, which reflects the results of the engineering studies addressing site specific constraints identified in the engineering studies. If the applicant is subdividing the property, a preliminary plat in accordance with the procedures specified in the subdivision ordinance must also be submitted at this step. The engineering studies are to review the geomorphology, geology, faults, hydrology, slopes, soils, recharge, vegetation and wildlife, fire, and utility and parks constraints of the site. The purpose of this step is to determine if the site is safe to be developed as proposed by the development plan and, if applicable, preliminary plat. This step allows the reviewers to evaluate the mitigation measures proposed by the developer's engineers.
    3. Step 3: Final Development Plan. The third step is submission of the final development plan and, if the applicant is subdividing, the final plat and improvement plans. The purpose of this step is to review compliance with the stipulations of the development plan or preliminary plat. It allows for a review of the improvement plans to assure that the development plans or subdivision improvement plans are designed in accordance with the public works standards of the city and with the mitigation measures required by the city. The review of the final plat is to assure that the plat conforms to the subdivision ordinance and the zoning ordinance of the city. Upon compliance with final approval, a final plat shall be recorded.
  2. Conceptual Sketch Plan Review Process. Prior to the submission of a preliminary development plan or preliminary plat, the applicant shall meet with the Planning Director to discuss the proposal and what constraints for development are believed to exist. Upon completion of this pre-application meeting, the applicant may choose to present the conceptual sketch plan to the Planning Commission for initial feedback. The purpose of this presentation is to provide the applicant with an opportunity to present why the proposed development is appropriate for the site. The application shall provide a conceptual sketch plan which shall include the following:
    1. Basic site analysis which includes existing features of the site, such as existing plant materials, steep slopes or rock outcroppings, views, and how they will be incorporated into the proposed development;
    2. Traffic flow patterns into, through, and out of the proposed development, including vehicular, pedestrian and other;
    3. The general location of housing units by type (i.e., detached dwelling units and attached dwelling units), along with other appropriate uses and amenities; and
    4. The existing land uses bordering the proposed site.
  3. Development Plan Review Process.
    1. Submission. Completely fill out the current North Ogden zoning application available in the Planning Department and on the City’s website.
    2. Preliminary Review. The Planning Commission, subject to the requirements of this Title, may approve, deny or approve with conditions, the preliminary development plan and preliminary plat (if applicable). In reviewing the preliminary development plan, the Planning Commission shall determine if the development plan:
      1. Encourages better utilization of the land, develops a sense of community and is compatible with the neighborhood;
      2. Meets the minimum requirements of this Title;
      3. Provides for an adequate traffic circulation system; and
      4. Meets the general intent and purpose of this Title and the general plan.
    3. Final Review of Development Plan. The final development plan and final plat (if applicable), based on the conceptual sketch and preliminary plans, shall be presented to the Planning Commission.
    4. Final Development Plan Approval. The Planning Commission, subject to the requirements of this Title, may approve, deny or approve with conditions the final development plan for the proposed development. The Planning Commission review of the final development plan shall include the following:
      1. Whether or not the issues addressed by the Planning Commission during the conceptual, preliminary processes and the conditions established by the conditional use permit have been adequately addressed in the final development plan;
      2. Any additional changes from the preliminary development plan proposed by the applicant; and
      3. Any additional information relevant to the success of the proposed development.
    5. Time Limitations. A final development plan shall be submitted for approval within twelve (12) months of the issuance of the preliminary development plan approval. Failure to submit a final development plan within the specified time period shall result in the preliminary development plan becoming null and void. However, a onetime extension of six (6) months may be granted by the Planning Commission for a showing of good cause if such request is made prior to the expiration of the preliminary development plan.

2025-05