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New construction on vacant or cleared sites that are to be developed according to the regulations of the overlay zone shall be developed according to the following standards:
A. Build-To Line And Setbacks: The 12th Street facade and the side facing a local street (if applicable) of all commercial and/or office buildings shall have a minimum of forty percent (40%) of the building built to the required build-to line (RBL). The required parking areas shall be set back from the property lines based on the following minimum standards. Interior side yard setbacks shall be the same width for both interior side yards. Building side and rear yard setback minimum distances shall increase with the height of the building.
1. Street facing build-to lines for all building types:
Building | Parking | |
12th Street | 20' | 30' |
Side facing a street | 15' | 25' |
2. Side and rear yard setbacks:
One-Story Building | ||
Building | Parking | |
Side | 10' | 10' |
Rear | 10' | 10' |
Two-Story Building | ||
Building | Parking | |
Side | 20' | 10' |
Rear | 20' | 10' |
Three-Story Building | ||
Building | Parking | |
Side | 30' | 10' |
Rear | 30' | 10' |
B. Building Height: The maximum height for an office building or mixed use building is three (3) stories with the top of the peak of any roof not to exceed forty five feet (45'). The maximum height of a commercial building is thirty feet (30') to the peak of the roof or parapet.
C. Minimum Lot Area: There is no minimum lot area requirement. Appropriate lot size is determined by the ability to meet all development requirements of this chapter to determine if the lot is of sufficient size for the use.
D. Vehicle Access:
1. The main vehicle access into or out of any development shall be from 12th Street. A secondary car-only access from a local street perpendicular to 12th Street will be allowed only if it meets the following conditions:
a. The driveway width is a minimum of twenty four feet (24') wide and a maximum of twenty eight feet (28') wide; and
b. The access on the local street has a minimum separation from the nearest existing residential driveway on the same side of the street of fifty feet (50').
2. Lots shall have a shared access on 12th Street with adjacent properties when possible. The developer must contact the adjacent property owner closest to the proposed driveway and supply a letter that the owner is willing or not willing to enter into a shared access. If the adjacent owner is not willing to share access their reason should be stated on the letter. A commercial use next to a single-family residential use will be exempt from this requirement. If a shared accessway occurs it shall be secured by a shared reciprocal access easement recorded on both properties which share the access prior to issuing a building permit.
3. If parking lots do not share an access, the accessway shall be set back a minimum of ten feet (10') from any side or rear yard property line extended to the street and shall not be closer than fifty feet (50') to any street corner.
4. Two (2) access driveways may be considered along 12th Street only when the 12th Street frontage of the development is wider than two hundred feet (200').
E. Parking Lot Locations:
1. Parking areas shall be located to the side or rear of the building.
2. For the purpose of this regulation the side of a building facing a public street shall also be considered the front of the building and parking cannot be located between the front of the building and the street.
F. Parking Lot Designs:
1. Required parking areas shall install landscaped islands with raised curbs. Islands shall not be placed over asphalt or concrete. A curb shall be provided along all interior roadways to prevent vehicular intrusion into landscaped areas. Whenever a landscaped island under this provision is required it shall be a minimum width of nine feet (9') and the length of the parking stalls it abuts. Landscaped islands shall be required for each of the following conditions:
a. The end of each row of stalls if the row exceeds ten (10) parking stalls in length.
b. A row of parking has over twenty (20) parking stalls. One island shall be placed between every twenty (20) stalls in the row.
c. To define parking lot entrances.
d. To define the main interior circulation road pattern.
2. When landscaped islands are required, a minimum of one deciduous tree shall be planted in each island. This tree requirement is in addition to the number of trees required on the remainder of the lot. The surface of the island shall be planted in grass or shrubs. If shrubs are used they shall meet the requirement of seventy five percent (75%) of the landscaped area covered with living plant material within three (3) years. Plantings shall be maintained at a height not to exceed three feet (3').
3. Required public and employee parking areas over two hundred (200) stalls shall be divided by a minimum ten foot (10') wide landscaped planting island perpendicular to the parking stalls. The planting island shall be placed along every fourth row of parking. Trees shall be planted in the island at forty feet (40') on center and shall be a minimum two foot (2') caliper size.
G. Lighting:
1. The maximum height for freestanding parking lot lighting shall be fifteen feet (15').
2. All parking lot and security light sources shall direct the light downwards through the means of shields or light fixture designs. The maximum light angle from the light source shall be sixty degrees (60 ) from vertical.
3. Notwithstanding the maximum light angle, no direct lighting shall be permitted to occur on adjacent residential properties. Direct view of the light source and the light they produce from the rear or side yard of residential properties including light from signs is also prohibited.
4. A lighting plan showing all light distribution must be provided to ensure compliance to these provisions is being addressed.
5. A minimum of fifty percent (50%) of the parking lot lighting shall be extinguished one hour after the close of business. Lighting to ensure security of the property shall be allowed. Complaints of the amount of security lighting that is left on and the amount needed to provide security to the site shall be addressed on an individual basis and resolved after meeting with all concerned parties by the planning staff.
H. Building Design Facing 12th Street:
1. All buildings shall be designed in such a manner as to appear to have the front of the building face 12th Street. Building design elements which create a front facing appearance include the combination of main entry doors, store front or larger window openings than on the other sides of the building, cornice or parapet detailing, roof detailing such as dormers or the gabled end of the roof facing the street, covered porches, etc. A front entrance may be located on the corner of the building and be considered as facing the street.
2. Buildings that are on a corner shall also have a front appearance on the local streets and Monroe or Harrison; however more of the architectural features shall be towards 12th Street and Monroe and Harrison rather than the local streets.
3. Covered porches or patios for dining can encroach into the required building line a maximum of ten feet (10').
I. Fencing:
1. Fences or walls in front yards or side yards facing a street shall be no taller than three feet (3'). Fence piers may extend an additional twelve inches (12").
a. Fences or walls along the street frontage shall be at a minimum eighty percent (80%) transparent and reflect the design of the buildings within the development in regards to textures, colors and materials. No chainlink or coated chainlink fencing is allowed.
b. The minimum distance between piers is six feet (6'); the maximum width of each pier is one foot (1').
c. Signage can be incorporated into the fencing. See subsection M of this section for types of signs allowed.
2. Fences or walls along the side or rear yards shall be a minimum of six feet (6') and a maximum of seven feet (7').
a. Fences or walls should reflect the design of the buildings within the development in regards to textures, colors and materials; these fences or walls can be opaque.
b. A solid nonsee-through wall of the design style listed in subsection I2a of this section is required when a commercial or office development's side or rear yard is adjacent to a residential use. Chainlink with vision slats shall not be considered as meeting this requirement.
c. If the development is adjacent to a commercial or office use then no wall or fence is required. However if a wall or fence is desired then one can be installed but can be either this type or one similar to the one in subsection I1, except it can be six feet (6') in height.
J. Mechanical And Service Equipment:
1. All ground mounted equipment, including transformers and dumpsters, shall be screened from the public view and adjacent property owners by use of fences or walls.
a. Fences and walls must be one hundred percent (100%) opaque and should reflect the design of the buildings within the development in regards to textures, colors and materials.
b. Dumpsters should be confined to portions of the site least visible from public view.
2. Mechanical equipment that is mounted on the roof, including satellite dishes and antennas, shall be fully screened from public view and adjacent property owners by means of a penthouse structure or behind parapet walls. Screening materials should be compatible with the materials, textures, and colors of the building. Screening designs should be architecturally integrated with the building top and maintain balance in the building design.
K. Commercial And Office Architectural Design Standards:
1. Adams Avenue to Harrison Boulevard:
a. The exterior wall finish within this portion of the overlay zone will be limited to materials that are durable and have the visual qualities equal to or better than brick, stone, stucco, wood clapboard or Hardi-plank. Vinyl or aluminum siding, split faced or concrete block or similar materials are not allowed. No facade shall be faced with only one exterior finish wall material unless the material is brick. When using materials other than brick no less than seventy percent (70%) or more than eighty five percent (85%) of any one material may be used.
b. The roof type of any structure can be any of the following: gable, hip or any combination or variation. The mansard or gambrel styles are not allowed. A flat roof is allowed on buildings over ten thousand (10,000) square feet provided the street facades have parapets hiding the flat roof design.
c. The roofline of a parapet shall have visual relief that adds variety and rhythm to the design. The roofline needs to vary in height, shape, character, etc., thus avoiding monotonous straight lines. See pictures and illustration for examples.
d. Rooflines shall be designed to create the appearance of individual commercial units. Facade proportions including the height to width and wall to windows ratio should also help to create the appearance of individual units.
e. The street facing portion of the building shall be designed to avoid flat planes or visual lines that give the appearance of one flat wall face for the length of the building facade fronting the street. Street facing facades greater than forty feet (40') in length must exhibit a change in the wall plane. Change of the wall plane shall be in offset modules of a maximum of forty foot (40’) with at least a five foot (5’) change in alignment or by add-on features such as porticos, porte-cocheres, vestibules, decks or similar features.
f. Each separate office or business in a common building with an exterior, street oriented exposure shall have an individual public entry directly accessible from the public sidewalk.
2. Harrison Boulevard to mouth of Ogden Canyon:
a. The exterior wall finish material within this portion of the overlay zone will have a mountainous or canyon feel. The exterior finish materials allowed are large timber, logs, stone, rock, brick, wood clapboard or Hardi-plank. Vinyl or aluminum siding, split faced or concrete block or similar materials are not allowed.
b. The roof type of any structure can be any of the following: gable, hip or any combination or variation with the main roof having a slope of six to twelve (6:12) for single story buildings. The flat, mansard or gambrel roof types are not allowed within this portion of the zone.
c. The use of gable, hip or shed dormers and/or articulation of the roof is strongly encouraged, to help add visual interest and character. Such features are required on pitched roofs of buildings over four thousand (4,000) square feet as a means to minimize the massiveness of the roof and to avoid a straight main roof ridgeline. When provided, dormers shall be in scale with the roof on which they are located.
d. Eaves are required on all buildings with a minimum two foot (2') overhang. If the structure is two (2) or more stories then roof design techniques are required to help minimize the scale of the building (i.e., roof pitches 4:12 or shallower, extending the eave line below the ceiling level of the upper story).
e. The portions of the buildings that front onto a public street will have a minimum of sixty percent (60%) of the facade having a gable end toward the street.
f. The street facing portion of the building shall be designed to avoid flat planes or visual lines that give the appearance of one flat wall face for the length of the building fronting the street. Street facing facades greater than forty feet (40') in length must exhibit a change in the wall plane. Change of the wall plane shall be in offset modules of a maximum of forty feet (40’) with at least a ten foot (10') change in alignment or by add-on features such as porticos, porte-cocheres, vestibules, decks or similar features.
g. Roofing materials must be muted earth tone colors. If a metal roof is proposed it must be colored and cannot be shiny or reflect light upon installation.
h. The building colors shall be muted earth tone colors to blend with the color schemes found in the mountains to the east.
L. Multi-Unit Residential Design Standards: Design standards for multi-unit residential is as follows:
1. Build-To Line And Setbacks:
a. The portions of a lot that face a public street shall be subject to a required build-to line of twenty feet (20') for a multiple-unit building or the units of a single-family row house adjacent to the street. The setback of the parking area for the residential development shall have a minimum setback of thirty feet (30') from the property lines along the street frontage.
b. Buildings, parking and access lanes shall be set back from the side and rear interior property lines as defined by the orientation of the building as illustrated as follows:
Multi-Family Building | Row House | Parking/ Accessway | |
Side | 30’ | 10’ | 8’ |
Rear | 30’ | 30’ | 8’ |
2. Building Height:
a. For multiple-family dwellings or single-family row house dwellings between Monroe Boulevard and Harrison Boulevard on the north side of 12th Street:
(1) Height of buildings shall be measured on the side of the building that is most exposed and shall be measured from the finished grade to the parapet or roof peak;
(2) The maximum height for all buildings adjacent to the 12th Street frontage shall be four (4) stories and fifty eight feet (58');
(3) A maximum height of four (4) stories and forty five feet (45') is possible for other buildings on the property not adjacent to 12th Street if parking is located under the entire footprint of the building; and
(4) The planning commission may approve four-story building heights up to fifty feet (50') for buildings on the property not adjacent to 12th Street if it finds the following:
(A) There is adequate distance and existing vegetation between existing adjacent residential homes and the proposed buildings to screen the view of the proposed buildings;
(B) The building elevation design and materials are visually compatible with the surrounding area;
(C) A view shed analysis shows the proposed building heights will have a minimal impact on views from adjacent residential homes when compared to permitted heights; and
(D) A hillside profile shows that the existing topography is utilized to lower the building height.
b. The maximum height for multiple-family dwellings and single-family row house dwellings in all other areas is three (3) stories with the peak of any roof not to exceed thirty eight feet (38').
3. Building Orientation:
a. A multiple-family dwelling building shall have the front of the building facing 12th Street. In facing the street one key design feature is a ground level front door or doors being on the 12th Street facade of the building. Other entry doors are allowed on other sides of the building.
b. A single-family row house building may either have the front facade of the building facing 12th Street or the side facade of the building facing 12th Street. When the front of the single-family row house faces 12th Street no garage doors are allowed in the front facade.
c. When more than one line of row houses is propos ed, the buildin gs shall be oriente d so that like sides of each building face each other (e.g., front facade without garage faces front facade without garage, rear facade with garage faces rear facade with garage). When the front facades without garage entrances face each other a minimum thirty foot (30') separation between parallel buildings is required. This area shall remain open from fencing obstructions and be landscaped and front entrances connected by a common sidewalk. When the rear facades without a garage entrance face each other a minimum thirty foot (30') separation between parallel buildings is required. This area is required to be landscaped but may be fenced off into private yards.
4. Parking:
a. Single-family row house parking is required to be provided in a two (2) car garage integrated into each unit of the row house. The garage may be double wide with a minimum interior width of eighteen feet (18') or single wide with a minimum interior width of ten feet (10') and the cars parked one behind the other in the garage. If the garage is less than twenty four feet (24') wide, the shortest length internal to the garage may not be less than twenty feet (20').
b. The garage entrance may either be in the front or rear facade of the row house except when the front faces a public street and then it must be located in the rear of the row house. The garage entrance shall be designed to appear as part of the facade and not an attachment extending out from the facade. It shall be even or indented a minimum of four feet (4') from the rest of the facade where the entrance is located.
c. When the garage entrance for the single-family row house is in the front facade, the access lane shall be set back a minimum of ten feet (10') from the front of the garage. The area between the garage entrance and the access lane not used for access to the garage shall include front stairs or porch and landscaping which shall create a visual break between straight lines of garage entrances. The access lane parallel to the building shall have a minimum width of twenty four feet (24').
d. When the garages are located on the rear facade of the building the access lane width parallel to the building shall be thirty feet (30'). No setback of the access lane from the building is required in this design option.
e. Multiple-family unit parking shall meet the standard parking lot design requirements of subsection F of this section and the setbacks of subsection L1 of this section. The parking shall not be closer than fifteen feet (15') to the exterior walls of the multiple-family structure. The space between the parking and building shall be landscaped except when sidewalk access is needed from parking to the building. The sidewalk in those situations shall not be wider than seven feet (7').
5. Building Design:
a. A single-family row house unit shall have an average size of no less than one thousand two hundred seventy five (1,275) square feet of living space excluding the garage area. The dwelling unit size in a multiple-family building shall have an average unit size of no less than eight hundred (800) square feet.
b. The main roof design shall be either gabled or hipped and have a minimum pitch of six to twelve (6:12).
(1) Roofing materials shall either be architectural grade asphalt shingles or wood shingles.
(2) In order to break up long straight lines of main roof ridgelines, projections or variations in the roof ridgeline and the roof plane with elements such as dormers, gabled ends, height variations in the roof because of variations in the roof span, or module offsets are required. The breaks in the roofline shall follow the offset module lengths.
(3) The choice of which type of roof variation treatment is dependent on the architectural style of the building and that the use of such elements relates to the wall planes and features of the facade of the building.
(4) Eaves shall project a minimum of eighteen inches (18") from the wall of the building.
c. All facades of a multiple-family dwelling building shall have variations in the wall plane to reflect the scale of the single-family homes along 12th Street.
(1) Long flat walls shall be avoided by including room projections, covered porches and other elements found in the design of homes along 12th Street.
(2) No building shall be more than one hundred fifty feet (150') in length.
(3) Change of the wall plane shall be in offset modules of a maximum of fifty feet (50') with a minimum five foot (5') offset when the development is west of Harrison Boulevard and ten foot (10') offset when the development is east of Harrison Boulevard. The offset can also be achieved by add-on features such as porticos, balconies, vestibules, cantilever floors, decks or similar features.
d. Between Adams and Harrison the exterior wall finish materials for both single-family row houses and a multiple-family dwelling building is limited to brick or stone as the main material but not both on the same building. Accent materials around windows, gable ends or indented wall planes can be stucco, Hardiboard, or similar appearing material excluding vinyl or metal siding.
e. Between Harrison and the mouth of Ogden Canyon the exterior wall materials for both single-family row houses and multiple-family dwelling building is limited to brick, stone, wood, logs or Hardiboard as the main material but no more than two (2) materials on any one building. Accent materials around windows, gable ends or indented wall planes may include stucco or any of the other main wall materials allowed in this location or similar appearing material excluding vinyl or metal siding.
f. The exterior colors shall be earth tones in the grey, brown, yellow or red tones. Accent trim colors may also include greens.
6. Open Space:
a. Open space requirements for single-family row houses are met with the setbacks, build-to lines and spaces between buildings. These areas are required to be landscaped according to all applicable regulations of the land use codes of Ogden City.
b. In addition to the setbacks and required build-to lines which are required to be landscaped an additional open space requirement for a multiple-family building is three hundred (300) square feet of open space per unit in the building. This open space is to be contiguous as one area with a minimum width of thirty feet (30'). This area is required to be landscaped according to all applicable regulations of the land use codes of Ogden City.
M. Signage: Notwithstanding the provisions of the sign ordinance (title 18 of this code), the sign type, general design, sign size and heights shall be according to the provisions of this chapter for uses developed according to the 12th Street overlay zone.
1. Permitted Signage: The only permitted sign types are:
a. Monument.
b. Awnings, however the signage can only be on the valance.
c. Wall mounted sign, either flat or perpendicular to the wall.
d. Electronic message provided included in a monument sign.
2. Sign Design Standards:
a. The sign should be in the architectural character of the building or development in terms of scale, materials, colors, and lighting levels.
b. Signs shall be constructed with high quality, durable materials appropriate to the physical demands such as the canyon winds of the area. Monument sign materials should be of metal, stone, brick, concrete or other durable material.
3. Sign Height: The maximum height of a monument sign, including the base of the sign, is eight feet (8') measured from the street curb line.
4. Sign Lighting:
a. Light for a sign shall be generally from an exterior lighting system and not interior lighted except for neon lighting or internal lighting only when the sign face has cutouts in lettering or symbols that are backlighted or is an electronic message board. In no case shall the entire sign face be illuminated from an interior source.
b. Exterior sign lighting shall be shielded in order to direct the light only to the sign.
5. Sign Size: The maximum square footage for signage for all types of signs permitted in the overlay zone is two (2) square feet of signage per linear foot of building fronting 12th Street.
(Ord. 2006-17, 4-18-2006; Ord. 2007-51, 7-17-2007; Ord. 2007-77, 12-4-2007; Ord. 2016-54, 10-27-2016; Ord. 2019-34, 7-30-2019; Ord. 2020-2, 1-7-2020)
The following uses are permitted (P) or not allowed (N) in the 12th Street corridor overlay zone. The uses specified in this regulation apply to only new construction under the provisions of this chapter. Properties within the 12th Street corridor overlay zone that have not been developed using the overlay zone shall be governed by the use regulations of the underlying zone and cannot take advantage of any of the uses permitted by the overlay zone.
Use
| 12th CO
|
Use
| 12th CO
| |
A. | Entertainment and recreational: | |
A business located east of Harrison Boulevard in a permanent enclosed building which provides instruction or recreational activities. Recreational activities which are nonmotorized can have an outdoor use on the site except batting cages, e.g., swimming, rock climbing, indoor sports, kayaking, etc. | P | |
An entertainment business in a permanent enclosed building located east of Harrison Boulevard, e.g., live theater, movies, indoor sports, etc. | P | |
Sexually oriented business, adult business and adult live entertainment business, outcall services and adult entertainment dancing agencies. | N | |
B. | Institutional: | |
Churches, public and private schools, public and private parks. | P | |
Public buildings and public uses that have outdoor storage, correctional facilities public or private, public or private rehabilitation/treatment facilities, shelters for homeless, soup kitchens. | N | |
C. | Manufacturing: | |
Any manufacturing use whether in an enclosed building or not. Manufacturing is generally considered any procedure or activity which produces, assembles or stores materials or items created from raw or processed materials to become a product or assembled into a product. | N | |
D. | Residential: | |
Dwelling units above ground floor retail or office. | P | |
Group dwellings. | N | |
Multiple-family dwelling. | P | |
Single-family and duplex dwellings. | N | |
Single-family row house dwelling. | P | |
E. | Sales: | |
A sales establishment doing business in an enclosed permanent building with a gross square footage of 20,000 square feet or less engaged in the selling of new goods or new merchandise to the general public for personal, household or business use and rendering service incidental to the sale of such goods, e.g., clothing, food, office supplies, jewelry, toys, crafts. | P | |
A sales establishment doing business in an enclosed building which prepares and serves food and drink for human consumption on and off site provided that the facility has no drive-up window and that outdoor dining areas are allowed along the front or side of the building which is visible from the street, e.g., restaurants, cafes, diners, sandwich shops, delis, etc. | P | |
A sales establishment doing business in an enclosed permanent building engaged in the sale of motorized vehicles, e.g., automobile, recreation vehicle, boat, motorcycle, etc. | N | |
A sales establishment engaged in the sale of building materials or building equipment as the primary use. | N | |
A sales establishment engaged mainly in selling alcoholic beverages, e.g., taverns, private clubs, liquor stores. | N | |
A sales establishment classified as a sexually oriented business (see section 15-13-13 of this title for applicable conditions) including adult bookstores and adult video stores. | N | |
A sales establishment which dispenses gasoline and other combustible fuels as a product for sale, e.g., convenience store, service stations, automated gas pumps, etc. | N | |
F. | Services: | |
A service business located in a permanent building of 20,000 square feet or less gross floor area that provides services directly to individuals, businesses and agencies such as offices of professional, personal, financial and business services and which does not store vehicles or other equipment of the business outdoors, e.g., barbershops, laundry, daycare, medical office, financial institutions, real estate offices, funeral homes, wedding reception, etc. | P | |
A business located within a permanent building of 20,000 square feet or less of gross floor area providing data processing, telemarketing, product user support or other service support businesses that does not have contact with general public except by means of telecommunications. | P | |
A business that provides service and repair to motor vehicles, e.g., brake shop, oil lube, tire change, muffler, auto body, machine shop, towing, etc. | N | |
A business that provides business or personal storage facilities whether indoor or outdoor, e.g., personal storage units, RV storage, warehousing, transfer storage business, etc. | N | |
A business that provides services to animals such as kenneling, pet grooming, veterinarian, etc. | N | |
A business engaged in the construction trade which would have storage of materials or vehicles used in construction. | N | |
A business involved in collecting or recycling materials. | N | |
(Ord. 2006-17, 4-18-2006; amd. Ord. 2020-39, 9-1-2020)
A. Properties on the local or National Register of Historic Places shall only be allowed to utilize the overlay zone provisions of this chapter provided the historic building is retained. Removal of the historic building prior to, during or after development shall subject the property to compliance to the regulations of the underlying zone.
B. Uses that are commercial or office in nature shall not have any freestanding accessory buildings, structures or temporary structures or storage containers on the property. All storage shall be located in the main building.
C. No outdoor display of products or merchandise, nor outdoor storage of items whether in containers or not is permitted.
E. Properties that are developed shall either be held in single ownership and any lots assembled combined to create one lot with frontage on 12th Street regardless of the number of buildings on the lot or may be subdivided as a private subdivision according to the private subdivision requirements of Ogden City.
(Ord. 2006-17, 4-18-2006)
A. The 12th Street corridor overlay zone is intended to provide an incentive for developments that are willing to take advantage of the design regulations of this chapter. There are two (2) review processes provided in the overlay zone: an administrative review and a special exception review. The special exception review is based on the size of the proposed development or the need for minor variations from this chapter which can only be approved by the planning commission.
B. Plans for development shall be submitted and reviewed according to chapter 4 of this title.
C. Commercial or office development on lots larger than forty thousand (40,000) square feet or multi-family residential development of more than thirty (30) units will be reviewed by the planning commission as a special exception review. Developments less than either of these two (2) standards will be reviewed administratively.
D. 1. When a plan is reviewed administratively it shall be reviewed for compliance with the regulations of this chapter and other applicable land use ordinances. If the applicant seeks an exception to the standards for development for their project a request for an exception shall be applied for and a review with the planning commission will be scheduled for their next regular planning commission meeting. In considering a request for an exception the planning commission shall review the request for:
a. Compliance with the vision strategies of section 16D of the general plan which is the 12th Street corridor plan;
b. The exception not having any negative impact to adjacent property owners;
c. The exception maintaining the character of design and visual appearance of the surrounding uses; and
d. The reason the exception is needed and if other alternatives are possible that would not require an exception.
2. If the commission finds the requested exception can comply with the first three (3) criteria and that there are not other options available then an exception can be granted. If the commission finds the request does not meet the criteria then the exception shall be denied and the development must either comply with the regulation standards of this chapter or follow the regulations of the underlying zone.
E. 1. When a development plan is being reviewed by the planning commission as a special exception because the size of the development requires a special exception review, the commission will review the proposal for compliance with:
a. The regulations of this chapter and the other applicable land use regulations;
b. On and off site traffic patterns, access and parking areas being located to reduce impacts to adjoining neighbors and potential traffic impacts and the ability to share accesses with adjoining properties or create secondary accesses;
c. Development patterns not adversely impacting the use and privacy of the adjacent uses when they are single-family uses; and
d. Resolving design issues of impact to adjacent properties which may need to be resolved on a case by case basis that the design regulations of this chapter may not have adequately addressed.
2. The purpose of the planning commission review, when the review is based on the size of the development, is to work out design issues of impact which larger developments may create on adjoining uses. All adjoining property owners shall be notified of the proposed meeting to consider the proposed plan and its impacts. The commission cannot deny the development if it complies with the regulations of this chapter but it can require additional site improvements or relocation of components of the site development in order to mitigate potential impacts of the design.
(Ord. 2006-17, 4-18-2006)