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A. The development plan review process is established in order to assure that new development proposed for Ogden City will comply with the requirements of this code, and to ensure that new development is designed and constructed in a manner that will:
1. Ensure that all growth and development is consistent with the requirements of this title and the Ogden City general plan;
2. Foster the safe, efficient and economic use of the land, the city's transportation infrastructure, and other public facilities and services;
3. Ensure adequate infrastructure servicing new development;
4. Provide for adequate drainage of surface water and reduction of flood damage;
5. Provide adequate on site litter control;
6. Provide safe and convenient vehicular access and circulation, and encourage patterns of land use that decrease automobile trip length and encourage trip consolidation;
7. Improve the design, quality and character of new development;
8. Encourage the development of vacant properties within established areas;
9. Ensure that development proposals are sensitive to the character of existing neighborhoods; and
10. Ensure that development proposals are sensitive to natural areas and features.
B. Compliance with the regulations of this chapter in no sense excuses a developer from the applicable requirements outlined elsewhere in this code.
(Ord. 99-38, 10-19-1999)
The following terms, as used in this chapter, shall have the respective meanings as indicated:
DEVELOPMENT PLAN REVIEW TEAM: Representatives from the following city departments or divisions: current planning division, building services division, engineering division, operations division, water division, and fire department. Representatives from other departments or divisions of the city, or other agencies, which have been assigned to review development proposals for compliance with city regulations.
DEVELOPMENT PROPOSAL: A proposal to Ogden City for the approval of new development or a substantial change to existing development.
DIRECTOR: The director of the community and economic development department, or the director's designee.
FINAL PLAN: A site plan that shows all approved requirements and conditions for development of a project.
NEW DEVELOPMENT: The construction or exterior alteration of any building or structure, or the modification of a site for an existing or new building or structure. "New development" shall not include construction of or changes to a single-family dwelling or a two-family dwelling, unless such dwellings are being constructed or modified as a group dwelling, a PRUD, a residential infill development, or a conditional use.
SUBSTANTIAL CHANGE: Those changes or modifications that:
A. Change the use or character of the development;
B. Increase the overall density or intensity of use;
C. Increase the coverage of the site by structures;
D. Reduce previously approved requirements for open space, amenities or landscaping;
E. Change the number of parking spaces to below the minimum required;
F. Modify on site traffic circulation or affect driveways;
G. Increase the impervious area of the site which increases storm drainage requirements; or
H. Alter the location of existing or proposed utilities.
(Ord. 99-38, 10-19-1999; amd. Ord. 2001-32, 6-5-2001; Ord. 2007-67, 9-18-2007)
A. Project Development Plan: All development proposals must be processed and approved through submittal of a "project development plan". If the applicant desires to develop in phases, i.e., with two (2) or more separate project development plan submittals, an "overall development plan" will also be required prior to, or concurrently with, the project development plan for any one phase. The requirement for project development plan review may be waived by the director for expansions or alterations that do not constitute a substantial change. The reason(s) for the waiver will be put in writing by the director, and a copy filed with the city's permanent records for the site.
B. Overall Development Plan: An overall development plan shall be required for any property that is intended to be developed over time in two (2) or more separate project development plan submittals. The purpose of the overall development plan is to establish general planning and development control parameters for projects that will be developed in phases with multiple submittals while allowing sufficient flexibility to permit detailed planning in subsequent submittals. Approval of an overall development plan does not establish any vested right to develop property in accordance with the plan.
(Ord. 99-38, 10-19-1999)
A. Conceptual Review Meeting:
1. Purpose: Conceptual review is an opportunity for an applicant to discuss requirements, standards and procedures that apply to a development. Major problems and a course of action for their resolution can be identified before a formal application is made.
2. Applicability: A conceptual review meeting is encouraged for all development proposals, including existing developments that are proposed to have substantial changes. This conceptual review is required for projects in the H25 zone.
3. Conceptual Plan Submittal: A sketch plan of the proposed development that shows the location of the proposal, major use areas, parking areas and access points, landscaping, utility locations, streets and other significant features is drawn. This is brought as the discussion exhibit for the conceptual review meeting.
4. Staff Review And Recommendations: A meeting shall be held at appointed times with the development plan review team and those proposing a development in order to discuss the conceptual plan. After the meeting, the review team shall furnish the applicant with written comments and recommendations to inform and assist the applicant in the preparation of the development application. The information shall include whether the use is permitted or conditional and what the existing zone is, and advise the applicant on the applicable review process.
B. Formal Submittals:
1. Application Forms: All applicants for proposed new development shall complete an application form established by the director and made available to the public.
2. Application Submittal: The application form, fees, plans and other supporting material as required by the city shall be submitted to the planning division. All pieces of the application package and requirements of the submittal forms must be present and verified by the director before the application is accepted. The director may waive items on the application form that are not applicable due to the particular circumstances or conditions of that development proposal.
3. Determination Of Completeness: The planning division, upon receipt of the application, shall determine whether or not the application is complete and ready for review based on the stated requirements for submittal and requests for exceptions to the submittal requirements. If the material that has been submitted is determined to be incomplete, all review of the submittal will be delayed until the planning division receives the necessary material to make the submittal complete.
C. Review Process:
1. Review Requirement: All applications for proposed new development plans shall be reviewed by the development plan review team. If the plan is required to be reviewed and approved by the planning commission or mayor under other provisions of this title, the development plan review team shall submit recommendations to such officials.
2. Department, Division And Agency Review: The director shall within two (2) working days, transmit a copy of the project development plan to each of the reviewing departments, divisions and agencies, with the date that the proposed plan will be discussed at a development plan review team meeting. The reviewing departments and agencies shall submit comments to the director at least two (2) working days before the scheduled meeting, which shall be compiled for presentation and discussion with the applicant at the meeting.
3. Development Plan Review Team Meeting: Within twenty (20) working days after receipt of a complete application, the development plan review team shall meet to discuss the application with the applicant. At this meeting, the applicant will be informed whether the application complies with all applicable standards of this code. The applicant will also be informed of proposed conditions for approval, which may be imposed to eliminate areas of noncompliance or mitigate any adverse effects of the development proposal. The applicant will be given an opportunity at the meeting to make presentations, ask questions, propose alternative conditions. The proposal may be tabled to a subsequent meeting if the director determines that more information is necessary or upon request of the applicant.
4. Director Determination: After consideration of the proposed plan at the meeting, the director shall within seven (7) working days make a determination whether the proposed plan is in compliance with the requirements of this code and may impose conditions to eliminate areas of noncompliance or mitigate any adverse effects of the development proposal. Such determination shall be in writing and provided to the applicant.
5. Resubmittals: If major areas of noncompliance or significant changes are evident, the director may require that the applicant revise the submittal and resubmit prior to further consideration and review by the development plan review team.
6. Submittal Of Final Plans: Upon receiving approval of the project development plan the applicant shall submit three (3) final plans to the director for approval. The final plans shall be submitted according to city requirements and must incorporate all conditions of approval.
7. Appeals:
a. If the director has designated another official in the department to have responsibility for the development plan review process under this chapter, any decision of the designated official may be appealed to the director by filing a written appeal to the director within thirty (30) days of the design being appealed. Any decision of the director shall be a final administrative determination, subject to appeal to the board of zoning adjustment.
b. Decisions made by the planning commission or mayor may be appealed to the board of zoning adjustment.
(Ord. 99-38, 10-19-1999; amd. Ord. 2001-32, 6-5-2001, eff. 6-30-2001; Ord. 2023-16, 4-11-2023)
A. Review Criteria: In addition to any other applicable criteria and standards, the decision maker shall approve, approve with conditions, or deny a proposed project development plan based on meeting all of the following criteria:
1. Design: The proposed site and architectural design meets adopted design standards, guidelines, and general plan policies, and is compatible with or superior to existing uses and buildings in the surrounding area. Design shall include, but not be limited to, building architecture, materials, colors, roof design, landscape design, site layout, and signage.
2. Screening And Buffers: The design provides attractive views from public rights-of-way and reasonable protection of adjoining properties from noise, light, trespass, vibration, and similar impacts through required screening of trash enclosures, utilities, loading areas, driveways and parking areas, orientation of buildings, building openings, and other measures.
3. Landscaping, Open Space, And Natural Features: The plan provides attractive water-wise landscaping, provides sufficient usable recreation areas, and preserves and protects significant trees and significant tree groves to the extent feasible.
4. Mobility: The plan provides for safe and efficient ingress and egress of vehicles, safe and direct pedestrian and bicycle travel and access to existing or planned transit facilities, and provides sidewalk, access, street, and other transportation improvements required by this code and those in city engineer approved traffic studies.
5. Utilities: The project will be served with sewer, water, storm drainage, and other utility services without causing system shortages and will provide any utility improvements required by this code and those in city engineer approved utility studies.
6. Timing And Proportionality: Development requirements and conditions have a rational nexus to and are roughly proportional to the impacts of the project. If necessary, proportionality is achieved through the best available balance of project phasing, modification of or reduction in project scope, inclusion of improvements in capital improvement or other programs, reduction of requirements, or project denial until improvements are in place.
B. Public Improvements:
1. Required Improvements: The following public improvements shall be required for all project development plans or any other site plan approved under the provisions of this title:
a. The applicant shall be responsible for the dedication and improvement of all off site public improvements that do not presently exist along frontage of the project according to a half width of the ultimate right of way as provided in the minimum standards for design and specifications approved by the city engineer, adopted pursuant to titles 7 and 14 of this code. Such improvements shall include, but are not limited to, curb, gutter, sidewalk, drive approaches, waterways, road base, asphalt, striping, streetscape, storm drainage, fire hydrants, copper laterals, piping of irrigation ditches and flood control systems, fencing of canals, extension of water lines, appurtenances and sewer lines, etc.
c. The applicant shall be responsible for any upgrades to existing off site public improvements necessary to meet city standards applicable for the provision of water and sewer.
d. The area within the public right of way between the curb and gutter and sidewalk shall be landscaped according to the landscape standards of this title found in Chapter 15-28: Landscape Regulations.
e. All improvements within the downtown zones shall comply with the sidewalk zone requirements outlined in chapters 15-32 and 15-34 of this code.
2. Installation Of Curb, Gutter Or Sidewalk: Where no curb and gutter or sidewalk exists along any public way adjacent to property proposed for new development or construction under this title, these street improvements must be installed at the time of any new development or construction unless, due to special circumstances existing on the street, the city engineer certifies that the installation of curb and gutter is impractical or not desirable. This “special circumstance” is not applicable in the downtown zones (C-MU, C-ENT, H25, C-9, R-MFV, and R-MFH), where installation of curb, gutter, and sidewalks is mandatory. "Special circumstances" may include, but are not limited to:
a. Development at midblock where no improvements exist in either direction of the proposed development provided the applicant agrees to record a city approved covenant and agreement for future public improvement installation.
b. Improvements are planned as part of a special improvement district or capital improvement plan.
C. Engineering Design Standards:
1. Development projects must comply with all design standards, requirements, and specifications for the following services as certified by the appropriate agency, or variances must be granted by such agency:
a. Water supply.
b. Sanitary sewer.
c. Fire protection and emergency services.
d. Flood hazard areas.
e. Storm drainage.
f. Streets/roadways.
2. The project development plan shall show adequate measures of implementing low impact development (LID), or, if LID is not appropriate, other methods to prevent pollution of surface or ground water, to minimize erosion and sedimentation, and to prevent changes in groundwater levels, increased runoff, and potential for flooding. Drainage shall be designed so that runoff shall not be increased, groundwater recharge is maximized, and neighboring properties will not be adversely affected. The above requirement shall include compliance with title 9, chapter 6 of this code or its successor provisions, requiring installation of storm sewer facilities.
3. As a matter of courtesy, the city will notify the following agencies of the proposed project, however, the applicant shall be responsible to make contact with each of the following service providers regarding their individual requirements for development. These requirements shall also be included on the final plan:
a. Telephone.
b. Electricity.
c. Natural gas.
d. Cable television.
e. Irrigation water.
f. Mass transit.
g. Post office.
D. Walkways:
1. For all on site sidewalks, provide a minimum six foot (6') wide sidewalk when the sidewalk is also used as tire stop for parked vehicles. In all other cases a minimum four foot (4') wide sidewalk is required.
2. The design of walks within the public right of way must meet the city standards for construction of public improvements.
3. The design of all walkways shall meet the requirements associated with accepted design standards for handicapped access use.
E. Landscaping:
1. Landscape Plan Submittal: All new construction of an undeveloped property or new construction which adds a cumulative total of twenty percent (20%) to existing buildings square footage, excluding detached single-family dwellings, shall submit as part of the required site plan review or construction drawing set, a complete scaled landscape and irrigation plan. Additional requirements for plant materials and irrigation requirements are found in chapter 15-28.
a. Landscape plan requirements: The required landscape plan shall identify areas to be landscaped, the type of plant material identified with symbols and a corresponding legend, a plant list that identifies plant material by common and scientific name, quantity and size of plants at the time of planting, and any mulches proposed in planting areas or other nonliving ground covers.
b. Irrigation plan requirements: The required scaled irrigation plan shall identify the areas to be landscaped, connections to water sources for the irrigation system, pipe size, pipe materials, cross contamination restrictive devises, types of controllers to monitor the system, identified irrigation zones that relate to watering plants with similar water demands, and spray patterns for any non-drip irrigation system. See chapter 15-28 for specifics for water-wise irrigation requirements.
c. Irrigation system design:
(1) Irrigation systems shall be designed to avoid or minimize overspray of water onto paved surfaces or structures.
(2) Landscaped areas using lawn turf shall be irrigated with an underground irrigation system. Shrub, trees, and other individual plants shall be irrigated with drip systems. Areas with existing natural vegetation of shrubs (e.g., Wood's rose, willows, sagebrush) or trees (e.g., box elder, scrub oak, maple, birch) are not required to be irrigated unless site improvements have altered the historic drainage pattern or soil absorption patterns that reduce the amount of available water so the planting cannot exist in its natural state.
(3) A dedicated irrigation system is required in the planter strip between the curb and the sidewalk.
2. General Requirements:
a. All required setbacks and areas not covered by buildings, parking, access lanes, or accessory structures, as well as the area of the public right of way not used for transportation or pedestrian movement, shall be landscaped according to the requirements found in section 15-13-16 and chapter 15-28.
b. Plant material shall be species that are regionally appropriate and suitable for the site specific planting conditions, including available moisture, shade, salt tolerance, wind exposure, ability to utilize low impact development and soil pH.
c. The maximum allowable cut or fill slope is three feet (3') horizontal distance for one foot (1') of rise. Slopes steeper than three to one (3:1) will require retaining walls or other types of approved slope stabilization methods.
d. No plant material greater than twenty four inches (24") in height shall be located within fifteen feet (15') of a curb cut.
e. All multiple-family residential developments, unless specified in other standards, shall install as a minimum one deciduous tree and five (5) five-gallon shrubs on site for every one thousand five hundred (1,500) square feet of landscaped area.
f. For non-residential developments, on-site landscaped areas within twenty feet (20') of a public street right-of-way shall be landscaped to achieve the following upon plant maturity, unless specified in other standards:
(1) Fifty percent (50%) total living plant coverage.
(2) Twenty five percent (25%) coverage with a combination of three (3) or more species of shrubs or trees.
3. Size Of Landscape Materials At Time Of Planting: Unless specified elsewhere in this code:
a. Deciduous shade trees shall have a minimum caliper size, as defined by industry standards, of:
(1) Two inches (2") for multiple-family dwellings, commercial and industrial developments, and in residential zones when placed by the developer; and
(2) One and one-fourth inches (1.25") in residential zones when placed by the individual property owner.
b. Evergreen trees shall be a minimum of four feet (4') tall.
c. Shrubs shall be of a size generally known in the landscape industry as requiring at least a one gallon container.
4. Installation And Maintenance:
a. Landscaping shall be installed in all areas not occupied by buildings, parking, storage, identified future phased plan development areas or accessways and in accordance with the approved landscape plan.
b. Landscaping shall be installed prior to occupancy of any unit in the structure. In the case of inclement weather that prevents the installation of the required improvements, the time completion of the improvements may be extended, in writing, upon the approval of the applicable reviewing body or designee. However, in no case shall the time for completion be extended beyond June 1 immediately following the completion date. A financial guarantee according to section 15-13-23 of this title shall be required prior to issuing building permits. In times of declared severe or extreme drought, plantings are allowed to be delayed until after September 1 when stress on the plant sustainability is lowered.
c. All landscaping, fencing, walls and other buffering/screening materials shall be maintained in a good, healthy, weed free, effective condition by the owner. Diseased or dead plant material shall be removed and replaced by June 1 if due to winterkill or October 1 if the plant material dies during summer months. Deteriorated or ineffective fencing material shall be removed and replaced within three (3) months of notice of correction.
d. Landscaping materials shall be contained so as not to obstruct any portion of the public sidewalk or street pavement.
e. All landscaping shall be protected from automobile overhang.
f. Sizing of plant material utilized for low impact development shall be sufficient at the time of planting to provide required filtration and meet design standards.
5. Tree Preservation:
a. Significant trees and significant groves shall be preserved to the extent reasonably feasible. Existing trees and shrubs within areas that can be developed (excluding river setbacks/buffer zones, floodways and wetlands areas) may be used to satisfy the landscaping requirements of this section. All required landscape plans shall accurately identify the locations, species, size, condition and proposed disposition of all significant trees or significant groves.
b. Existing trees that will remain and their root systems shall receive adequate water to ensure survival, and shall be protected from damage, soil contamination and compaction within the drip line during construction through the use of barricades or fencing.
6. Street Trees: When the public street frontage has existing curbs or is required to install curbs as part of the development improvements, street trees shall be required to be installed in the parkway.
a. Large trees shall be spaced at forty feet (40') on center, medium trees shall be spaced at thirty feet (30') on center, and small trees shall be spaced at twenty feet (20') on center.
b. In areas with existing aboveground power lines, new street trees that exceed a height of twenty five feet (25') at maturity may not be installed underneath the power lines.
c. Street trees shall not be closer than twenty five feet (25') to any drive approach.
d. If the space in the parkway is less than five feet (5') wide the required trees shall be placed outside of the parkway but within twenty five feet (25') of the curb line and may be arranged in a formal or informal manner.
7. Landscaping In Public Right-of-Way For Downtown Zones: The purpose of these standards is to ensure high quality landscaping is included as part of all projects in the downtown. These standards reinforce the requirements for the public realm. Landscaping must be designed to reinforce the human scale and should not block entrances or windows. Table 15-4-5.1 outlines the landscaping standards for all downtown zones.
a. Minimum Tree Canopy Coverage Standards: The tree canopy measurement is taken based on the amount of coverage in the sidewalk zone. The defined percentage represents the canopy coverage at maturity. At installation, a minimum of twenty percent (20%) of all trees shall have a minimum caliper of three inches (3"). See Graphic 15-4-5E.1.
b. Minimum Soil Volume Standards: In order to promote street tree health and longevity, the tree shall have an adequate volume of soil. The soil volume surrounding a tree shall be seven hundred and fifty (750) cubic feet per tree, provided that this area is exclusive of the soils volume calculation for adjacent trees. See Graphic 15-4-5E.2.
F. Buffer Yards (Protection Of Adjoining Residential Zoned Properties):
1. Purpose Of Screening: The intent of the screening requirements provided herein is to protect residential zones from the potential impacts commonly associated with commercial and manufacturing uses, such as lights, noise, increased pedestrian and automobile traffic, invasions of privacy and physical intrusions on property.
2. Screening Requirement: Whenever commercial or manufacturing development abuts property in a residential zone, screening is required to protect residential properties from the potential impacts of lights, noise, increased pedestrian traffic, invasions of privacy and physical intrusions on property. Based on the applicant's site plan, the department will determine the potential impacts resulting from location, site design and layout as they relate to the areas of concern identified in table 15-4-5F-1 of this section. The applicant may then choose from among those screening options in table 15-4-5F-1 of this section that will mitigate all of the identified impacts. The specific standard for each option is identified in table 15-4-5F-2 of this section. Determinations may be appealed to the planning commission. If there are no potential impacts, screening is not required.
TABLE 15-4-5F-1: SCREENING OPTIONS
Impacts On Adjacent Residentially Zoned Property | |||||
Areas Of Concern | Lights | Noise | Privacy | Objectionable View | Access Restrictions |
Impacts On Adjacent Residentially Zoned Property | |||||
Areas Of Concern | Lights | Noise | Privacy | Objectionable View | Access Restrictions |
Parking | A,B,C1,D,E 2 or H1 | C1,D,E2 or H1 | C1,D,E2 or H1 | A,B,C1,D,E 2 or H1 | D,E2,F2,G2, H or I |
Service entrance | C1,D,E2 or H1 | C1,D,E2 or H1 | C1,D,E2 or H1 | C1,D,E2,G2 or H1 | D,E2,F2,G2, H or I |
Dumpster | C1,D,E2 or H1 | C1,D,E2 or H1 | C1,D,E2 or H1 | C1,D,E2,G2 or H1 | D,E2,F2,G2, H or I |
Outdoor storage | C1,D,E2 or H1 | C1,D,E2 or H1 | C1,D,E2 or H1 | C1,D,E2,G2 or H1 | D,E2,F2,G2, H or I |
Outdoor activity area | C1,D,E2 or H1 | C1,D,E2 or H1 | C1,D,E2 or H1 | C1,D,E2,G2 or H1 | D,E2,F2,G2, H or I |
Distance of building | E2 or H1 | None | E2 or H1 | E2 or H1 | None |
Note:
1. This is an option only when abutting residentially zoned property is vacant or has substantial existing vegetation. In either instance the time needed for growth of vegetation will not be detrimental to the buffering needs.
2. The use of chainlink facing and visible from a street is not permitted in the downtown zones (C-MU, C-ENT, H25, C-9, R-MFH, R-MFV).
Option | Screening Type | Purpose And Standards |
Option | Screening Type | Purpose And Standards |
A | 4' high berm | Screens vehicles in parking lot and decreases asphalt appearance, except when difference in topography offsets screening. Any berm shall have a minimum height of 4' and a stabilized side slope of no greater than 3:1 ratio of run to rise. A minimum width of 12' is required for this option. |
B | Berm with shrubs sufficient to achieve a 4' high screen | Screens parking lot and buffers building. Evergreen shrubs shall be of a locally adapted species such as pyracantha, yew, juniper, or evergreen euonymus. Shrubs shall be a minimum of 5 gallon size when planted and shall be expected to reach a minimum height of 4' within 5 years of planting. Shrubs shall be planted at a maximum of 5' on center. The berm shall have a stabilized side slope no greater than 3:1 ratio of run to rise. |
C | Evergreen hedge with an ultimate height of at least 5' | Screens parking lot except when difference in topography offsets screening. Buffers building which is close to property line. Shrubs shall be of a locally adapted evergreen species such as arborvitae (Thuja occidentalis or orientalis), juniper (Juniperus virginiana or chinensis), pyracantha, yew (Taxus media), or evergreen euonymus (Euonymus japonica). Shrubs shall be a minimum of 5 gallon size when planted and shall be expected to reach a height of at least 5' within 5 years of planting. Shrubs shall be planted at a maximum of 5' on center. |
D | A 6' tall solid fence in either wood, vinyl or chainlink with interlocking opaque vinyl or a 6' tall decorative masonry wall with textured surfacing facing the residential use | Screens ground level lights, noise, objectionable views, provides privacy and access restrictions. Texture provides aesthetic relief. "Decorative masonry" shall include split face block or brick, fluted block, or masonry wall with stucco finish, but shall not include openings in the wall surface below a height of 6'. Bumper guards set back a minimum of 2.5' from the fence shall be required when the fence abuts parking. |
E | A minimum 6' wide landscaped strip with trees and either a 6' tall solid fence of either wood, vinyl or chainlink with interlocking opaque vinyl or a 6' tall decorative masonry wall with textured surfacing facing residential use | Screens ground level lights, higher level lights, noise, objectionable views, provides privacy, access restrictions and additional noise mitigation. Trees shall be a minimum 2" caliper spaced at a minimum of 20' on center. "Decorative masonry" shall include split face block or brick, fluted block, or masonry wall with stucco finish, but shall not include openings in the wall surface below a height of 6'. |
F | 6' chainlink fence | Provides security and access restriction. |
G | 6' chainlink fence with inserts in the fence fabric | Provides security and access restriction. Inserts help screen objectionable views. Inserts shall be of a durable opaque material and shall be kept in good repair. |
H | 6' open fence with evergreen shrubs and trees | Screens ground level and higher level lights, provides security and access restrictions. Vegetative screen provides additional noise mitigation and screens objectionable views. Trees and shrubs shall be of a locally adapted species such as pine, spruce, arborvitae, juniper, pyracantha, evergreen euonymus, with a plant size of at least 15 gallons for trees and 5 gallons for shrubs. Shrubs shall be expected to reach a height of at least 5' within 5 years of planting. Trees shall be planted at a maximum of 20' on center and shrubs at 5' on center. |
I | Ornamental wrought iron or other decorative see through fencing | Provides some access restriction. Used when this is the only impact from the proposed development. |
3. Waivers: When one of the following conditions exist on a site and based on those site conditions any of the required screening options would not provide sufficient screening to the residential properties as described in Tables 15-4-5F-1 and 15-4-5F-2 of this section, the director may waive the screening requirement in full or in part.
a. Topography: Immediate grade differences exist between the development and residential zone to such an extent that no additional buffering or protection of the residential zone would be provided by the fence.
b. Visual Screening: Existing vegetation along the zone boundary provides adequate visual screening, provided that the adjacent residentially zoned property is fully developed with other than a dwelling or dwelling units.
c. Substitution Of Building For Fence: The wall of a commercial building facing a side or rear yard adequately serves as a screening fence, provided that the yard setback area between the building and the property line shall be entirely landscaped. It shall be unlawful to use any part of such area for storage, dumping, garbage receptacle, loading and unloading, delivery, other service access or parking.
4. Building Openings: Any building or structure proposed next to a residential zone shall be designed so that door openings, freight and delivery doors and docks, vents, exhausts, storage areas and other functions which create noise, or unsightly views are located on sides of the building other than the side facing the residential zone, except for emergency doors. If in the design there are no other options available than to locate one or more of these items on the residential side of the building the planning commission shall review the plan to consider if it is appropriate to allow exceptions. The planning commission may grant an exception if a site design mitigation plan is proposed which increases landscaped setbacks, increases screening, or uses grade alterations which would reduce the impacts which could be experienced by those uses in the residential zone.
G. Screening Of Service And Storage Areas And Utilities: These requirements apply to, but are not limited to, aboveground utility appurtenances, storage areas, and open areas where machinery, vehicles or equipment are stored or repaired.
1. Outdoor storage, trash collection or compaction, loading or other such uses shall be located to the rear or side of the building, and not next to public streets or public sidewalks.
2. Outdoor storage, truck parking, HVAC equipment, trash facilities and other service functions shall be located and screened so that the visual and acoustic impacts of these uses are fully contained and out of view from public use areas. Landscape, plant and building elements shall be used to screen all sides of such elements, except where an opening is required for access. If access is only possible on a side that is visible from public use areas, a removable screen shall be required. The screen shall prevent eighty percent (80%) of the screened element from being visible.
3. When outdoor storage is the only use on the site the storage areas shall be set back twenty feet (20') from any public street property line. The twenty foot (20') setback area shall be landscaped according to the standards of this section.
4. Screening measures shall be incorporated into the overall design of the building, so that the architectural design of the building and screening is compatible.
5. Acceptable screening materials include plants, walls, fences, topographic changes or a combination of these techniques.
6. Standards Applicable To Downtown Commercial Zones C-MU, C-ENT, H25, And C-9:
a. Meters and transformers must be located behind all street facing facades and not attached to a front façade. An exception to this standard may be approved if a different location is required by the utility provider and no other option is possible. In that case, a letter from the provider indicating the location requirement shall be included with an application.
b. Any utility connections, support structures, and the like that must be located forward of the building or on the building façade are required to be on private property and may not extend into the public right-of-way. See Graphic 15-4-5.G.
c. All meters and transformers not attached to a building must be screened from view from the street with landscaping or use of a low wall that matches the building façade materials.
d. Placement of utilities is a design element and shall be clearly dimensioned on site plans.
e. Any above ground utilities shall be designed to as visually compatible as possible with other streetscape elements.
f. All meters and transformers shall be screened with architectural elements when possible. The location of such a unit along an alley façade is permitted. Location on the rear façade is preferred.
7. Standards Applicable To Downtown Multiple-Family Zones R-MFV And R-MFH:
a. Meters and transformers must be located behind any street facing facades and not be attached to a front façade. An exception to this standard may be approved if a different location is required by the utility provider and no other location is possible. In that case, a letter from the provider indicating the location requirement shall be included with an application.
b. Any utility connections, support structures, and the like that must be located forward of the building or attached to the front façade should be located in the sidewalk transition zone to avoid conflict with pedestrian movement in the right-of-way and maintain accessible routes. If the building is setback from the property line, then these features shall be located on private property, not in the public right of way. See Graphic 15-4-5.G.
c. All meters and transformers not attached to a building must be screened from view from the street with landscaping or a low wall that matches the building façade materials.
d. Placement of utilities is a design element and shall be clearly dimensioned on site plans.
e. Any above ground utilities shall be designed to as visually compatible as possible with other streetscape elements.
H. Fencing:
1. Downtown Commercial Zones: In downtown commercial zones (C-ENT, C-MU, H25, and C-9), the following shall apply:
a. The maximum height of any fence within fifteen feet (15') of any front or street side lot line is seven feet (7').
b. Any fence within fifteen feet (15') of any front or street side lot line shall be see through and constructed of wrought iron, aluminum or powder coated steel square or round rails, or metals designed to appear as wrought iron. Chain link fencing is prohibited.
c. Any fence facing and visible from a street and setback fifteen feet (15') or more may not be chain link.
d. Fencing shall meet requirements included in chapter 3 of title 7 relating to the obstructions at intersections within the sight triangle area.
e. Where driveways enter onto a street, the fencing shall be on private property and setback a minimum of twenty feet (20') from the curb line of the public street for a distance of twenty feet (20') on either side of the driveway in order to ensure view of oncoming traffic.
f. Temporary construction fencing may be chainlink during the term of an active building permit or demolition permit.
2. Zones Other Than Downtown Commercial: No fencing of commercial, outside of downtown commercial, or manufacturing properties shall be erected in any required front or side yard setback facing any of the following streets: Wall Avenue, Washington, Harrison, 1200 West, Pennsylvania Avenue, 1900 West, 1200 South, 2000 South, 2100 South, 2400 South, 2550 South, 30th and 31st Street Expressway. If fencing is placed in the front or side yard setback facing a street in any other area, the fencing shall be see through if landscaping areas are immediately behind the fence.
3. The fence height in the front yard setback for other locations which are zoned commercial or manufacturing not noted above shall be a maximum of seven feet (7') high except at the corners of street intersections if the fence obstructs the view according to the traffic code sight triangle. In those cases fences shall be set back according to the traffic code sight triangle area. Where driveways enter onto a public street, the fencing shall be on private property and setback a minimum of twenty feet (20') from the curb line of the public street for a distance of twenty feet (20') on either side of the driveway in order to ensure view of oncoming traffic.
I. Exterior Illumination:
1. All development, except developments that contain only single- family residential uses, shall submit for approval a proposed lighting plan.
2. All development shall design lighting to meet the safety and security needs of the development. When exterior lighting is used, lighting shall be designed to minimize glare and diffusion onto other properties. When the use is next to a residential zone, direct and defused light shall be shielded from the residential zoned area.
3. Site lighting that may be confused with warning, emergency or traffic signals is prohibited.
J. Building Design:
1. Glare:
a. Building materials shall not create excessive glare. If highly reflective building materials are proposed, the potential for glare from such materials will be evaluated for their potential adverse impact on adjacent property owner(s) in terms of vehicular safety, outdoor activities, privacy or enjoyment of views.
b. Mirror glass with a reflectivity of greater than sixty percent (60%) is prohibited.
2. Exterior Building Materials In Commercial Zones: The construction of buildings in the commercial zones should use materials which are compatible with the materials used in the construction of commercial buildings adjacent to the property.
a. Metal sided premanufactured buildings are not permitted in the commercial zones nor are exterior surfaces which are composed substantially of metal, except as provided in subsection J2b of this section.
b. In the C-3 zone, building exteriors are allowed which use new architectural metal that enhances the architectural design, provides interest and are compatible with other buildings in the area if:
(1) The building front facade has sixty percent (60%) or more glazing; or
(2) The planning commission approves the use of new architectural metal as the main exterior surface material based on the following considerations:
(A) The building front must have a minimum of twenty percent (20%) glazing and use two (2) or more different types of architectural metals and/or materials;
(B) The building has staggered roofline heights along with flat cornices; and
(C) The building front has varying depths and is not made up of long flat walls.
c. If there is a question of the compatibility of the exterior surface treatment an appeal on the appropriateness of the material can be made to the planning commission.
(Ord. 2016-12, 3-1-2016; amd. Ord. 2020-55, 11-10-2020; Ord. 2022-34, 7-5-2022; Ord. 2023-15, 4-4-2023; Ord. 2023-16, 4-11-2023)
Beginning May 1, 2022, a complete application submittal of a site plan for a development, a Group Dwelling, PRUD, or site plan requiring a Conditional Use Permit, shall have eighteen (18) months from the complete application submittal date to obtain a building permit for the proposed development. If the building permit is not obtained within the eighteen (18) month time limit the application shall expire and become void, and any vested rights thereunder will be lost. The planning manager may grant a maximum extension of six (6) months provided no ordinance amendments to Title 15 have taken place which would alter the design of the approved development during the eighteen (18) month period. Once the application has expired, in order to reintroduce the proposed development, the owner or developer must submit a new application with all applicable fees and comply with regulations then in effect at the time of resubmittal.
(Ord. 2007-67, 9-18-2007; amd. Ord. 2022-20, 5-3-2022)