This title shall be known as the ZONING ORDINANCES OF OGDEN CITY, UTAH.

(Ord. 90-52, 10-25-1990; amd. 1999 Code)

This title is designed and enacted for the purpose of promoting the health, safety, morals and the general welfare of the present and future inhabitants of Ogden City, state of Utah, including, amongst other things, the lessening of congestion in the streets, securing safety from fire, panic and other dangers, encouraging energy efficient patterns of development, the use of energy conservation, solar and renewable energy sources, and assuring access to sunlight for solar energy devices, providing adequate light and air, preventing the overcrowding of land, avoiding undue concentration of population, facilitating adequate provision for transportation, water, sewage, schools, parks and other public requirements, providing for the classification of land uses. These regulations shall be made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city.

(Ord. 90-52, 10-25-1990; amd. 1999 Code)

   A.   Minimum Requirements: In interpreting and applying the provisions of this title, the requirements contained herein are declared to be the minimum requirements for the purposes set forth.

   B.   More Restrictive Provisions: This title shall not nullify the more restrictive provisions of any covenants or agreements, but shall prevail notwithstanding such provisions which are less restrictive.

   C.   Higher Standards: Whenever this title imposes higher standards than are required in any other statute or city ordinance or regulation, the provisions of this title shall govern. Wherever the provision of the statute or city ordinance or regulation impose other higher standards than are required by this title, the provisions of such statute, or local ordinance or regulation shall govern.

   D.   Conflicts: If any of the provisions within this title are in conflict, a particular provision shall prevail over a general provision covering the same subject matter and the more stringent provision shall prevail over the more liberal provision.

   E.   Definitions: When a definition is provided in this title, that meaning shall prevail unless such construction would be inconsistent with the manifest intent of the legislative body or repugnant to the context of the ordinance.

   F.   Interpretation: If in the course of administration hereof, a question arises as to the meaning of any phrase, section or chapter, the interpretation thereof given by the director shall be construed to be the official interpretation thereof. In the event that there is a need of further interpretation by any person, firm or corporation or official of the city, they shall submit the question to the planning commission who is authorized to interpret this title and such interpretation shall be final, subject to appeal to the board of zoning adjustment.

(Ord. 90-52, 10-25-1990; amd. 1999 Code; Ord. 2002-72, 12-17-2002)

   A.   This title, including the zoning map, may be amended from time to time by the city council at a public meeting; provided that no amendment may be made unless the amendment was proposed by the planning commission or first submitted to the planning commission for its recommendation.

   B.   Prior to proposing or recommending any change to this title or the zoning map, the planning commission shall hold a public hearing at a public meeting. Notice of the date, place and time of the first public hearing shall be:

      1.   Mailed to each affected entity at least ten (10) calendar days before the public hearing; and

      2.   Posted:

         a.   In at least three (3) public locations within the city; or

         b.   On the city's official website; and

      3.   Published in a newspaper of general circulation in the city at least ten (10) calendar days before the public hearing; and

      4.   For any amendment to the zoning map, mailed at least seven (7) days before the public hearing to:

         a.   The record owner of each parcel to be rezoned; and

         b.   The record owner of each parcel located within three hundred feet (300') of the property to be rezoned regardless of whether such property is located within the jurisdictional boundaries of the city.

   C.   Prior to city council adoption of an amendment to the zoning map, notice of the date, time and place of the first public meeting where the city council shall consider such amendment shall be mailed at least seven (7) days before such public meeting to:

      1.   The record owner of each parcel to be rezoned; and

      2.   The record owner of each parcel located within three hundred feet (300') of the property to be rezoned regardless of whether such property is located within the jurisdictional boundaries of the city.

   D.   The above noticing policies are not intended to restrict the city council or the planning commission from providing additional noticing based on the particulars of the matter before them.

   E.   The city council shall consider each proposed amendment to this title or the zoning map recommended to it by the planning commission, and may adopt or reject the ordinance or map either as proposed by the planning commission or after making any revision the city council considers appropriate.

(Ord. 90-52, 10-25-1990; amd. 1999 Code; Ord. 2005-67, 12-6-2005)

   A.   The director is hereby charged with the administration and enforcement of the provisions of this title.

   B.   The director may investigate and enforce the provisions of this title, as provided under section 15-1-17 of this chapter.

   C.   In order to carry out this charge, the building official, under the direction of the director, is authorized to enforce all of the provisions of this title in performing the building official's duties under title 16 of this code. If, in the course of inspection of any buildings in the course of construction, alteration or repair, or any change in the use of any building, it shall come to the building official's attention that any such construction, alteration or repair, or that any use or contemplated use is in violation of the provisions of this title, the building official 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.

(Ord. 90-52, 10-25-1990; amd. Ord. 98-2, 1-6-1998; Ord. 2002-72, 12-17-2002)

All departments, officials and 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 no such permit or license for uses, buildings, or purposes where the same would be in conflict with the provisions of this title, or any condition imposed under authority of this title, and any such permit or license, if issued in conflict with the provisions of this title shall be null and void.

(Ord. 90-52, 10-25-1990; amd. 1999 Code)

   A.   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 Director and, if otherwise required by the provisions of this title, by the Planning Commission or the Mayor.

   B.   Effective April 1, 2003, it is unlawful for any person, whether acting as owner, occupant or contractor, to fail to obtain a written land use permit from the 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 four feet (4') in height within a required yard area, or the installation of any fence within a "sight triangle area" of any lot, as defined in section 7-3-2 of this Code; or

      4.   The keeping of residential chickens.

   C.   All applications for building permits or land use 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, 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 Director, for the enforcement of this title. Such requirement may be met by submission of a site plan approved pursuant to chapter 4 of this title. A record of such applications and permits shall be kept in the office of the building official.

   D.   Building permits or land use permits issued on the basis of plans and specifications approved by the building official, the 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 at variance with that authorized in said plans and specifications shall be deemed a violation of this title.

(Ord. 2017-50, 12-19-2017)

   A.   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 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 like certificate shall be issued for the purpose of maintaining, renewing, changing or expanding a nonconforming use. 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. In addition, a new certificate shall be required at any time the occupancy of the building changes to a more intensive use.

   B.   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.

(Ord. 90-52, 10-25-1990; amd. 1999 Code; Ord. 2001-32, 6-5-2001; Ord. 2002-72, 12-17-2002)

Fees may be assessed for examining and processing plans; issuing building or land use permits or certificates of occupancy; processing rezoning petitions; filing fees for matters before the Board of Zoning Adjustment; permits or nonconforming use permits; processing street vacating requests; or any other function requiring additional or unusual administrative costs. The fees for the above costs shall be as provided in title 4, chapter 6 of this Code. Fees authorized under this section shall not exceed the reasonable costs of providing the service. Once a fee has been established, no application, petition or plan shall be accepted until the fee has been paid. The fees assessed shall not be refundable, regardless of the eventual disposition, unless it is determined by the Director that no administrative costs have been incurred or expended.

(Ord. 90-52, 10-25-1990; amd. Ord. 91-51, 12-19-1991; 1999 Code; Ord. 2002-72, 12-17-2002)

Any structure made or existing, or any use of land in violation of any provision of this title, is a public nuisance and may be abated by appropriate proceedings.

(Ord. 90-52, 10-25-1990; amd. 1999 Code)

Except as otherwise provided in this title:

   A.   No building, structure or premises shall be used or occupied for other than a permitted or conditional use specified for the zoning district in which it is located.

      1.   If a use is listed as a permitted or conditional use in any zoning district, it is prohibited in all districts where it is not listed.

      2.   The provisions of subsection A3 of this section may not be applied to recognize a use prohibited in subsection A1 of this section as a permitted or conditional use.

      3.   If a proposed use is not listed as a permitted or conditional use in a zone, the Planning Manager may determine if the proposed use is substantially similar to, and has no more impact than, a listed use based on an affirmative finding of all the following factors:

         a.   The proposed use is consistent with the General Plan, the applicable neighborhood plan and the zoning district purposes;

         b.   The proposed use has substantially similar impacts as a listed use on the neighborhood, such as traffic, noise, lighting, hours of operation, protection of adjacent properties from negative impacts or similar considerations; and

         c.   The proposed use has substantially the same characteristics as a listed use, including characteristics involving building and site arrangement, outdoor usage of lot, site area or floor space, equipment devoted to the activity, customer type, number of employees in each activity, hours of operation, vehicles used and parking requirements, number of vehicle trips generated, signs, and how the use is advertised.

      4.   If the Planning Manager determines that a proposed unlisted use meets all of the factors in subsection A3 of this section, the unlisted use shall be treated in the same manner as the listed use, including any regulations governing the listed use.

      5.   If the Planning Manager determines that a proposed unlisted use does not meet all of the factors in subsection A3 of this section, the proposed use is not allowed unless a text amendment establishing a specific listing for the use in question is adopted by the City Council.

   B.   No building or part thereof or other structure shall be erected, raised, moved, placed, reconstructed, extended, enlarged or altered except in conformity with the regulations herein specified for the use and the zoning district in which it is located.

   C.   No building or structure shall be erected, altered or used so as to produce greater heights, smaller yards, greater lot coverage, or less open green space or other unoccupied area, than specified for the use and the zoning district in which it is located.

   D.   No yard or other open spaces provided about any building for the purpose of complying with the provisions of the ordinances codified in this title shall be used as a yard or open space for another building.

   E.   The application of the provisions of this section satisfy the City's obligation under State law to interpret and apply City land use regulations to favor a land use application that is not plainly restricted.

(Ord. 2017-36, 8-22-2017)

At the time of the annexation of new territory to the City, the City Council shall classify such territory for zoning purposes according to the zones established by this title.

(Ord. 90-52, 10-25-1990; amd. 1999 Code)

The Mayor has the authority to grant temporary exceptions from any term or condition of this title for a period of not to exceed three (3) months, for a total duration for any one tract of land not to exceed six (6) months. The granting of a temporary exception may be made by the Mayor with or without the prior recommendation concerning the same from the Planning Commission. Such temporary exceptions may be granted upon the Mayor determining that such a temporary exception is justified because of some unusual or emergency situation or act of God and that the health, safety, convenience, order and welfare of the inhabitants of the City will not be materially adversely affected, if such temporary exception is granted.

(Ord. 90-52, 10-25-1990; amd. Ord. 91-51, 12-19-1991; 1999 Code)

If any person, firm or corporation, in the use or occupation of a building, structure or land, intentionally fails to abide by or to fulfill any condition legally imposed under the provisions of this title in approving any permit, site plan or variance, shall be considered to be a violation of the provisions of this title punishable under section 15-1-17 of this chapter; and any structure made or existing or any use of land used or occupied in violation of any condition legally imposed in approving any permit, site plan or variance under the provisions of this title shall be subject to abatement under section 15-1-10 of this chapter.

(Ord. 90-52, 10-25-1990; amd. 1999 Code)

Pursuant to those powers and duties of a Planning Commission as are or may be prescribed in State law, the Planning Commission shall have the following powers:

   A.   Recommendations: The Planning Commission shall make recommendations to the City Council regarding:

      1.   The Ogden City General Plan for the development of the City;

      2.   A zoning ordinance, any amendments thereto, establishing regulations for land use and development, including both the full text of the zoning ordinance and zoning maps;

      3.   A subdivision ordinance, and any amendments thereto, regulating the subdivision of land.

   B.   Review: Subject to the commission's review power being delegated pursuant to subsection C of this section, the Planning Commission shall review, in order to determine conformance to the Ogden City General Plan, the location and extent of the following:

      1.   The construction or authorization of any street, park or other public way, ground, place or space, publicly owned building or structure, and any public utility, whether publicly or privately owned; and

      2.   The City's acquisition of real property for the establishment of any street, park, or other public way, ground, place or space, and City owned building or structure, or any City owned utility.

   C.   Exceptions To Review: Planning Commission review shall not be required under subsection B of this section for property acquired by the City for a specific project or purpose involving the future conveyance of such property to a third party for other than a public use.

   D.   Guidelines: The Planning Commission may adopt guidelines authorizing planning staff review of the City's acquisition of real property for compliance with the General Plan.

(1999 Code; amd. Ord. 2003-49, 9-16-2003)

   A.   Conformance; Approval: No street, park, or other public way, ground, place, or space, no publicly owned building or structure, and no public utility, whether publicly or privately owned, may be constructed or authorized until and unless:

      1.   It conforms to the Ogden City general plan; or

      2.   It has been considered by the planning commission and, after receiving the advice of the planning commission, approved by the city council as an amendment to the general plan.

   B.   Determination Of Conformance: The determination as to whether any of the above proposals conform with the general plan shall be made by the planning commission either directly or under guidelines established by the planning commission.

(1999 Code; amd. Ord. 2003-49, 9-16-2003)

   A.   Complaints Regarding Violations: The director may investigate any complaint alleging a violation of this title and take such action as is warranted in accordance with the procedures set forth in this section.

   B.   Persons Liable: The owner, owner's agent, tenant or occupant of any building or land or part thereof and any architect, builder, contractor, agent or other person who participates in, assists, directs or creates any situation that is contrary to the requirements of this title may be held responsible for the violation, suffer the penalties, and be subject to the remedies herein provided.

   C.   Penalties And Remedies For Violations:

      1.   Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating, causing or permitting the violation of any of the provisions of this title or failing to comply with any of its requirements shall be guilty of a class C misdemeanor and upon conviction shall be punishable as set forth in title 1, chapter 4, article A of this code.

      2.   This title may also be enforced by injunction, mandamus, abatement or any other appropriate judicial action in law or equity.

      3.   Failure to correct a violation of this title after written notice of violation and expiration of the warning period may be enforced by imposition of the following civil penalties pursuant to title 1, chapter 4, article B of this code:

         a.   The first civil citation issued after expiration of the warning period shall subject the person to the initial penalty as provided in subsection D of this section.

         b.   The second civil citation issued after expiration of the warning period and the prior imposition of the initial penalty shall subject the person to the intermediate penalty as provided in subsection D of this section.

         c.   Any subsequent civil citation issued after expiration of the warning period and the prior imposition of an intermediate penalty, or any reoccurring violation under section 1-4B-6 of this code, shall subject the person to the maximum penalty as provided in subsection D of this section.

      4.   Each day that any violation of this title is committed, maintained, continued or permitted shall be considered a separate offense or violation for purposes of the penalties and remedies available to the city.

      5.   Any one, all, or any combination of the foregoing penalties and remedies may be used to enforce the provisions of this title.

   D.   Civil Penalties:

      1.   Penalties Imposed: Violations of this title shall carry civil penalties pursuant to the following schedule:

 

(Ord. 2016-63, 12-20-2016, eff. 1-1-2017; amd. Ord. 2024-12, 5-7-2024)

   A.   For any application submitted pursuant to this title, the director shall:

      1.   Notify the contact person of the date, time, and place of each public hearing and public meeting to consider the application;

      2.   Provide to the contact person on each application a copy of each staff report regarding the applicant or the pending application at least three (3) business days before the public hearing or public meeting; and

      3.   Notify the applicant or petitioner of any final action on a pending application.

   B.   If the director fails to comply with the requirements of subsection A1 or A2 of this section, or both, the applicant, or the applicant's representative in attendance at any public hearing or public meeting may waive the failure so that the application may stay on the public hearing or public meeting agenda and be considered as if the requirements had been met.

   C.   In any application submitted pursuant to this title, the director may require that the name, address, telephone number, fax number and e-mail address of a designated contact person be provided by the applicant. Notification to the designated contact person shall be considered to be notification to the applicant under section 10-9a-202, Utah Code Annotated.

   D.   Notwithstanding the above, if the application or petition is being heard before the city council, city council staff shall be responsible for providing staff reports to the contact person.

(Ord. 2006-44, 7-25-2006)

   A.   The city council has adopted a general plan, known and referred to as the Ogden City general plan, which plan is subject to amendment in accordance with the provisions of state law and the provisions of this section. The Ogden City general plan may be amended from time to time by the city council at a public meeting; provided that no amendments may be made unless the amendment is first reviewed and a recommendation received from the planning commission.

   B.   Prior to proposing or recommending any change to the Ogden City general plan, the planning commission shall hold at least one public hearing at a public meeting. Notice of the date, place and time of the first public hearing shall, at least ten (10) calendar days before such hearing, be:

      1.   Mailed to each affected entity; and

      2.   Posted:

         a.   In at least three (3) public locations within the city; or

         b.   On the city's official website; and

      3.   Published in a newspaper of general circulation in the city.

   C.   If the amendment to the Ogden City general plan involves the initial adoption of a community plan or a corridor plan that may consider specific recommendations for the future zoning of properties, notice of the date, place and time of the first public hearing shall also be mailed at least seven (7) days before the public hearing to the record owner of each parcel located within the community plan area or corridor plan area.

   D.   If the amendment to the Ogden City general plan involves an amendment to a previously adopted community plan or a corridor plan, notice of the date, place and time of the first public hearing where such amendment will be considered shall also be mailed at least seven (7) days before the public hearing to the record owner of each parcel that is the subject of the proposed amendment.

   E.   Prior to city council's initial adoption of a community plan or a corridor plan that may consider specific recommendations for the future zoning of properties, notice of the date, time and place of at least one public meeting where such general plan amendment will be considered shall be mailed at least seven (7) days before such public meeting to the record owner of each parcel located within the community plan area or corridor plan area.

   F.   In the event the planning commission mails notice of a public hearing for a plan amendment to a broader range of property owners as required herein, such additional noticing shall be repeated for a public meeting where such plan amendment will be considered by the city council by mailing notice of the date, time and place of such public meeting at least seven (7) days in advance.

   G.   The above noticing policies are not intended to restrict the city council or the planning commission from providing additional noticing based on the particulars of the matter before them.

   H.   The city council shall consider each proposed amendment to the Ogden City general plan recommended by the planning commission, and may adopt or deny the amendment as proposed by the planning commission, or adopt after making any revision the city council considers appropriate.

(Ord. 2006-59, 9-19-2006)