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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)
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)
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