TITLE 15
ZONING REGULATIONS
ZONING REGULATIONS
CHAPTER 1
GENERAL PROVISIONS
GENERAL PROVISIONS
SECTION:
15-1-1: Short Title
15-1-2: Purpose
15-1-3: Interpretation; Conflict; Effect On Previous Provisions
15-1-4: Changes And Amendments
15-1-5: Administration And Enforcement
15-1-6: Issuance Of Licenses And Permits
15-1-7: Building Permits And Land Use Permits
15-1-8: Certificate Of Occupancy
15-1-9: Fees
15-1-10: Violation Of Nuisance
15-1-11: Violations Of Use Regulations And Site Development Standards
15-1-12: Territory Annexed To City
15-1-13: Temporary Exceptions
15-1-14: Violation Of Conditions
15-1-15: Powers Of Planning Commission
15-1-16: Effect Of General Plan On Public Uses
15-1-17: Penalties; Remedies
15-1-18: Applicant Notification
15-1-19: Noticing And Review Of General Plan Amendments
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)
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