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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:
Violation Classification | Initial Penalty | Intermediate Penalty | Maximum Penalty
|
Violation Classification | Initial Penalty | Intermediate Penalty | Maximum Penalty
| ||
a. | Causing, permitting or maintaining any land use not allowed in the applicable zoning district | $125.00 | $250.00 | $500.00 | |
b. | Constructing, installing, permitting or maintaining any building, structure or improvement, which violates yard, setback, height or other dimensional requirements, regarding the placement of buildings, structures or other site improvements, imposed under the provisions of this title | $125.00 | $250.00 | $500.00 | |
c. | Violating any condition or requirement of a permitted or conditional use; noncompliance with conditions of an approved conditional use permit, variance, a site plan or any other development plan or permit issued in accordance with the provisions of this title (except violations under Subsection D.1.b.) | $125.00 | $250.00 | $500.00 | |
d. | Allowing a vehicle to be parked at a location prohibited under the provisions of this title | $25.00 | $50.00 | $100.00 | |
e. | Operating or executing any contract for renting a short-term rental without a valid short-term rental license | $500.00 | $750.00 | $1,000.00 | |
f. | Operating a licensed short-term rental in violation of any terms of the license or this title | $125.00 | $250.00 | $500.00 | |
g. | Any other violation not described above | $125.00 | $250.00 | $500.00 | |
(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)