This title shall be known as the ZONING ORDINANCE OF SOUTH OGDEN CITY. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)

This title is designed and enacted to promote the health, safety, morals, convenience, order, prosperity and welfare of the present and future inhabitants of the City, including, amongst other things, the lessening of congestion on the streets or roads, securing safety from fire and other danger, providing adequate light and air, the classification of land uses and distribution of land development and utilization, protection of the tax base, securing economy in governmental expenditures, fostering the commercial, industrial and agricultural growth, and protecting both urban and nonurban development of the City. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)

1. Minimum Requirements: 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.
2. Effect Of Title: This title shall not nullify any more restrictive provisions of covenants, agreements, other ordinances or laws, but shall prevail over any provisions which are less restrictive.
3. Unlisted Similar Use: If a use is not listed but is similar in nature and impact to a use permitted within a zone, the City Manager or designee may interpret the use as permitted.
   1. The unlisted use will be subject to any development standards applicable to the similar permitted use.
   2. If the unlisted use is similar in nature and impact to a use requiring a conditional use permit, the City Manager or designee may interpret the use as also requiring a conditional use permit.
4. Unlisted Dissimilar Use: If a use is not listed and cannot be interpreted as similar in nature and impact to a use within a zone that is either permitted or requires a conditional use permit, the use is not permitted and may only be approved through an amendment of this title. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)
   

This title, including the maps, may be amended from time to time by the City Council after holding a public hearing. Notice for the public hearing shall follow the requirements of UCA 10-9a-205 and its subsequent amendments. In addition to the requirements of UCA 10-9a-205, notice of any amendment to the zoning map will be sent at least ten (10) calendar days before the public hearing to the record owner of each parcel to be rezoned and the record owner of each parcel within five hundred feet (500') of the property to be rezoned regardless of whether such property is within the jurisdictional boundaries of the City. All proposed amendments shall be proposed by the Planning Commission or may be submitted by the City Council to the Planning Commission for consideration and recommendation which recommendation shall be returned to the City Council for consideration within sixty (60) days of receipt by the Planning Commission. Failure of the Planning Commission to take action on any City Council proposed amendment within the prescribed time shall be deemed approval by such commission of the proposed change or amendment. The City Council may overrule any Planning Commission recommendation by a majority vote of its members. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)

1. Official Designated: The provisions of this article shall be administered and enforced by the City Manager or designee, unless otherwise specifically stated. For the purposes of this article, the term City Manager shall be inclusive of his or her designees.
2. Issuance Of Permits, Certificates: The chief building official shall not grant a permit for the construction or alteration of any building or structure, nor issue any certificate of occupancy for a change in the use of land, if such construction or alteration or change would be in violation or would involve a violation of any of the provisions of this title or any other ordinance of the City or of any law of the State.
3. Inspections; Orders; Abatements: The code compliance official shall enforce all this title involving land use violation.
   The chief building official shall inspect or cause to be inspected all buildings in the course of construction, alteration or repair, and any change in the use of land. If, such inspection or otherwise, he finds that any such construction, alteration or repair, he shall issue his written order to the person responsible therefor, ordering and directing such person to cease and desist such construction, alteration, or repair.
   The code compliance official shall report violation of this title to the Legal Department for prosecution and shall make complaint thereof before the court or courts having jurisdiction of such violation. Upon the recommendation of the City Council, the Legal Department shall bring a civil action for the abatement of any nuisance found to be in violation of this title.
4. Assistance Of Law Enforcement: The code compliance official may call for the assistance of law enforcement personnel whenever in his opinion such assistance is necessary in the investigation of a suspected violation of this title.
5. Rules Established; Filed: The code compliance official may establish reasonable rules and regulations necessary or desirable in the administration of this title. Three (3) copies of such rules and regulations shall be filed with the City Recorder and such rules and regulations shall become effective when so filed.
6. Fees: The City Council may, by resolution or ordinance, prescribe reasonable fees to cover the expense of examining plans, issuing building permits, inspecting uses and issuing certificates of occupancy, and may determine the method of collecting such fees. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)
   

The construction, alteration, repair, removal or occupancy of any structure or of any part thereof, as provided or as restricted, in this title, shall not be commenced nor continued except after the issuance of written permit for the same by the chief building official; provided, that no permit shall be necessary where the erection, construction, reconstruction or alteration is minor in character, as defined herein, or as determined by the chief building official. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)

No land shall be used or occupied and no building structurally altered or erected, shall be used or changed in use until a certificate of occupancy shall have been issued by the chief building official stating that the building or structure or the proposed use of the building, structure, or land, complies with this title. A like certificate shall be issued to permit maintaining, renewing, changing or extending a nonconforming use¹. A certificate of occupancy either for the whole or a part of a building or structure shall be applied for at the same time as the application for a building permit and shall be issued within ten (10) days 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. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)

Notes

¹See also chapter 16 of this title.

(Rep. by Ord. 17-23, 11-21-2017, eff. 11-21-2017)

All departments, officials and employees of the City vested with the duty or authority to issue permits or licenses shall proceed under the provisions of this title, and shall issue no permit or license where the same would not be authorized or where the same would conflict with the provisions of this title. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)

Upon annexation of new territory to the City, the City Council, with the recommendation of the Planning Commission, shall classify such territory for zoning purposes according to the zones established by this title. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)

Notes

See also title 1, chapter 8 of this Code for annexation policy.

1. Authority; Time Limit: The chief building official has the authority to grant temporary exceptions from any term or condition of this title for a period not to exceed three (3) months, and for a total duration for any single tract of land, not to exceed six (6) months. A temporary exception may be granted by the chief building official with or without a prior recommendation on the matter from the Planning Commission.
2. Justification: Such temporary exceptions may be granted by the chief building official when he determines that such a temporary exception is justified because of some unusual, emergency, act of God situation or 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. 17-23, 11-21-2017, eff. 11-21-2017)
   

1. Consolidated Fee Schedule: At the time of filing a petition to change the zoning of any property, the petitioners shall pay to the City Recorder and the City Recorder shall collect for the City, fees as provided in the City's consolidated fee schedule.
2. Refunds Prohibited: The fee hereby assessed shall not be refundable regardless of the eventual disposition of the rezoning request and this fee is in addition to the costs for publishing the ordinance in the event the rezoning request results in the enactment of a rezoning ordinance. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)
   

Any structure made or existing and any use of land in violation of any provision of this title is a public nuisance and may be abated by appropriate proceedings. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)

An adverse decision involving a zoning ordinance or map amendment and approval or disapproval of a conditional use application as set out in chapter 4 of this title may be appealed to the City's Appeal Authority. The reasons for the appeal shall be submitted in writing to the City Recorder. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)

Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing or permitting the violation of any of the provisions of this title shall be subject to the following penalties:

1. First Offense: The code compliance official will issue a warning and set an allotted time frame with the resident to remedy the noncompliance.
2. Second And Subsequent Offenses: If the allotted time given by the code compliance official has expired and the issue has not been remedied, then a fee of not more than one hundred and twenty-five dollars ($125.00) shall be paid. Failure to comply after fourteen (14) additional days or any additional time allotted by the code compliance official, will result in a second fee in the amount of two hundred and fifty dollars ($250). In the event of an abatement, procedures outlined in section 4-2-4 and section 4-2-13 shall be followed. All fees may be appealed to the City’s appointed hearing officer as provided in 3-1A-2 .
3. Criminal Enforcement: Failure to remedy the city code violation may result in escalation to a Class C misdemeanor.