15-38-4: SPECIAL REGULATIONS:

1. District Characteristics: The neighborhood commercial zone (C-1 and CP-1) is intended to be located on corner properties of areas, which are generally residential in character. The site area is large enough to contain all the parking and other needs of the commercial without impacting the surrounding residential areas.

2. Purpose Of District: The neighborhood commercial zone provides for the sale and supply of daily living needs for the people in the neighborhood. It also provides areas for small development which is compatible to the surrounding residential neighborhood.

B. Community Commercial (C-2, CP-2):

1. District Characteristics: The community commercial zone may be established in those areas that are appropriate for general retail sales. This district should be created in areas having access to major streets and a low likelihood of conflict with other uses as generally it will be an edge to residential development. The properties are large enough to have a low potential for adverse impacts on the overall visual image of key areas such as major streets and including entryways into the community.

2. Purpose Of District: The community commercial zone provides, in addition to the sale of goods for neighborhoods, a wider range of facilities for the sale of retail goods and personal services for the major segments of the community.

C. Regional Commercial (C-3, CP-3):

1. District Characteristics: The regional commercial zone is established on larger parcels of property which have access to major roads. The zone would be located along streets which are capable of handling traffic generated by these types of uses.

2. Purpose Of District: The regional commercial zone provides for the sale and supply of the complete range of retail and wholesale goods, entertainment and personal services for the metropolitan area and, also, a center for recreational entertainment and cultural activities for the entire region.

(Ord. 72-13, 7-6-1972; amd. Ord. 99-38, 10-19-1999; Ord. 2000-56, 11-7-2000; Ord. 2001-56, 9-25-2001, eff. 10-18-2001)

15-38-2: SITE DEVELOPMENT STANDARDS:

A. Dimensional Requirements: The following dimensional requirements shall apply in each commercial zone to building and parking setbacks:

	C-1 And CP-1	C-2 And CP-2	C-3 And CP-3
Minimum lot area	None	None for commercial buildings. Multiple-family dwelling, 6,000 square feet for the first unit plus 1,500 square feet for each additional unit	None for commercial buildings and accessory apartment. Multiple-family dwelling, 5,000 square feet for the first unit plus 750 square feet for each additional unit
Maximum lot area	5 acres	None	None
Minimum lot width	60 foot width	None	None
Maximum building coverage	50 percent	50 percent	60 percent
Maximum building height	35 feet	50 feet	None
Front yard setback	20 feet	20 feet	None for commercial buildings, 15 feet for parking lot or display area for commercial use. 20 feet for dwellings not along Washington Boulevard. 15 feet for dwellings along Washington Boulevard, but see 15-38-4F for reductions along Washington Boulevard
Side yard setback facing a street	20 feet	20 feet	None for commercial buildings, 15 feet for parking lot or display area. 15 feet for dwellings, but see 15-38-4F for reductions
Side yard setback	None, except 10 feet adjacent to a residential or O-1 zone	None, except 10 feet adjacent to a residential or O-1 zone. For buildings over 35 feet in height next to a residential or O-1 zone an additional 1 foot setback is required for every foot the building is over 35 feet in height	None, except 10 feet adjacent to a residential or O-1 zone. For buildings over 35 feet in height next to a residential or O-1 zone an additional 1 foot setback is required for every foot the building is over 35 feet in height
Rear yard setback	None, except 10 feet adjacent to a residential or O-1 zone	None, except 10 feet for parking adjacent to a residential or O-1 zone and 30 feet for buildings adjacent to residential or O-1 zone. For buildings over 35 feet in height next to a residential or O-1 zone an additional 1 foot setback is required for every foot the building is over 35 feet in height	None, except 10 feet for parking adjacent to a residential or O-1 zone and 30 feet for buildings adjacent to residential or O-1 zone. For buildings over 35 feet in height next to a residential or O-1 zone an additional 1 foot setback is required for every foot the building is over 35 feet in height

B. Landscaping Setbacks And Coverage:

1. Notwithstanding the required landscaping for those setbacks which are listed in subsection A of this section, there may be additional landscaping required based on other provisions of this title. Additional requirements include, but are not limited to, installation of landscaping in public right of way (subsection 15-4-5.E.2 of this title), preserving existing trees (subsections 15-4-5.E.6 and 15-4-.E.6 of this title), setbacks when next to residential zones (subsection 15-4-5F of this title), screening of service and storage areas (subsection 15-4-5G of this title), and parking lot landscaping (subsections 15-12-9B and C of this title) and additional mitigation for high impact in the C-2/CP-2 zones when adjacent to residential zones. (Section 15-38-3) of this title.

2. For commercial and mixed commercial residential developments, a minimum ten percent (10%) of the total site shall be landscaped. A maximum of fifteen percent (15%) of the required landscaping can be in turf grass provided it has a minimum of width of fifteen feet (15'). All required landscaping areas in front yard setbacks, side yard setbacks, and other required setback for parking less than ten feet (10') in width and side yard setbacks facing a street shall be landscaped only with water-wise landscape plantings. Plant selections shall be those plants listed as water-wise by various regional resources as acceptable plantings for northern Utah climate and irrigated by an acceptable drip irrigation system that meets the requirements found in chapter 15-28 of this title. The water-wise shrubs shall be spaced so that at mature growth they cover a minimum of fifty percent (50%) of the planter surface area and irrigated by a drip irrigation system. Mulch shall be planted to cover the ground under and around plants and in areas without plants at a depth of four inches (4") for wood bard or chips and at a depth of twice the size of any gravel or small stone mulch but in no case less than three inches (3") thick. The planning commission may reduce the percentage requirement based on the following criteria:

a. There is a physical hardship associated with the property that results in a unique circumstance that does not generally apply to other similar properties;

b. The proposed reduction in landscape area shall be mitigated through enhanced landscaping improvements and/or the provision of amenity areas that exceed the minimum standards of this chapter;

c. Reductions shall not be granted for the sole reason of providing additional building area, increasing residential density on a property, or meeting the minimum off-street parking stall requirement.

3. In addition to required setbacks, single-family row house dwellings and multiple-family dwellings in the C-2/CP-2 and C-3/CP-3 zones shall have a minimum of twenty percent (20%) of the lot area developed in open green space and amenity areas. A maximum of fifteen percent (15%) of the required landscaping can be turf grass. Additional turf grass can be used if the open green space is designed for a recreation field. For open green space and amenity areas:

a. Landscaping in required setback areas and parking lots is excluded from the calculation of open green space and amenity areas.

b. The open green space and amenity areas shall be open and accessible to all residents.

c. Single-family row house dwellings and multiple-family dwellings of sixteen (16) units or less are required to only provide exterior open green space and amenity areas.

d. Multiple-family dwellings of more than sixteen (16) units shall provide a combination of exterior open green space and amenity area and an interior amenity area The required amount of interior amenity space is:

(1) A minimum of four hundred (400) square feet of interior amenity space; and

(2) An additional ten (10) square feet of interior space for every unit over forty (40) units.

e. Amenity areas are a combination of designed fixtures and functions in the open green space area and any required interior amenity space with uses described in this subsection. When interior amenity space is utilized, the combination of interior amenity space and exterior open green space and amenity space shall meet the twenty percent (20%) minimum.

f. Open green space area requirements are:

(1) A minimum six foot (6') wide sidewalk is required from the building to on-site exterior amenity spaces in the open green space;

(2) The minimum open green space shall not be located facing a public street. It may be in a courtyard defined by the exterior building walls or behind the building;

(3) Screening as described in subsection 15-38-3B will be required if the exterior amenity space abuts a property used for residential use;

(4) Except for garden areas, recreational fields or courts, and outdoor pools, the open green space shall be designed to include shade features such as trees, awnings, trellis or shade screens; and

(5) The inclusion of at least three (3) of the following amenity features in the open green space:

(A) Playground with a three hundred (300) square foot minimum area;

(B) Gas fire pit with seating area of minimum fifteen foot (15') radius paved area;

(D) Two (2) or more tables with chairs;

(E) Water feature designed to take into account the scale of the space in which it is located;

(F) Artistic display such as a sculpture or mural designed to take into account the scale of the space in which it is located;

(G) Permanent game area with equipment, such as shuffleboard, or chess/checkers tables;

(H) Community garden and shed area (thirty (30) square feet per twenty (20) units);

(I) Outdoor grill at one grill for every forty (40) units or portion thereof;

(J) Fenced dog park with a two hundred (200) square foot minimum area;

(K) Recreational field or court; or

(L) Outdoor pool.

g. Interior amenity space requirements may be made up of one or more of the following designated spaces provided the square footage meets the minimum requirements:

(1) Fitness center;

(2) Spa;

(3) Indoor swimming pool;

(4) Hot tub;

(5) Cooking and dining facilities for group gatherings;

(6) Library/study;

(7) Clubhouse;

(8) Lounge; or

(9) Game room.

h. The required amount of open green space and amenity requirements is reduced in total size to ten percent (10%) of the lot area if the single-family rowhouse dwelling or multiple-family dwelling is located within a 1,320 feet (0.25 miles) legal walking distance of a dedicated public park that is a minimum of 0.75 acres, provided that any required interior amenity space shall not be reduced in size based on this subsection.

(Ord. 72-13, 7-6-1972; amd. Ord. 80-26, 6-5-1980; Ord. 81-50, 12-10-1981; Ord. 87-24, 5-28-1987; Ord. 96-5, 1-23-1996; Ord. 97-35, 5-27-1995; Ord. 99-9, 1-26-1999; Ord. 99-38, 10-19-1999; Ord. 2000-56, 11-7-2000; Ord. 2020-47, 10-6-2020; Ord. 2022-34, 7-5-2022; Ord. 2023-45, 7-18-2023; Ord. 2023-59, 11-7-2023)

15-38-3: PROTECTION OF ADJOINING RESIDENTIAL PROPERTIES:

A. Purpose Of Screening: The intent of the screening requirements provided herein is to protect residential zones from the potential impacts commonly associated with commercial uses, such as lights, noise, increased pedestrian and automobile traffic, invasions of privacy and physical intrusions on property.

B. Screening Requirement: Whenever 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 community development department will determine the potential impacts resulting from location, site design and layout as they relate to the areas of concern identified in table A of this section. The applicant may then choose from among those screening options in table A of this section that will mitigate all of the identified impacts. The specific standard for each option is identified in table B of this section. Determinations may be appealed to the planning commission. If there are no potential impacts, screening is not required.

C. Mitigation of High Impact Uses: There are certain permitted or conditional uses in C-2 and CP-2 zones that are known to have a greater impact on surrounding uses than other uses allowed in the zone. When these high impact uses are proposed on any lot within one hundred feet (100') of residentially zoned property they are subject to additional mitigation requirements that will help reduce their impact to the residential property (see Table C in this section). These requirements do not apply if the residentially zoned property is developed with a nonresidential use.

TABLE A: SCREENING OPTIONS

Impacts On Adjacent Residentially Zoned Property
Areas Of Concern	Lights	Noise	Privacy	Objectionable Views	Access Restriction
Parking, vehicle staking, loading and unloading docks2	A,B,D,E,C 1 or H1	D,E,C1 or H1	D,E,C1 or H1	A,B,D,E,C1 or H1	D,E,F,G,H or I
Service entrance and exit2	D,E,C1 or H1	D,E,C1 or H1	D,E,C1 or H1	D,E,G,C1 or H1	D,E,F,G,H or I
Dumpster2	D,E,C1 or H1	D,E,C1 or H1	D,E,C1 or H1	D,E,G,C1 or H1	D,E,F,G,H or I
Outdoor storage2	D,E,C1 or H1	D,E,C1 or H1	D,E,C1 or H1	D,E,G,C1 or H1	D,E,F,G,H or I
Outdoor activity areas2	D,E,C1 or H1	D,E,C1 or H1	D,E,C1 or H1	D,E,G,C1 or H1	D,E,F,G,H or I
Distance of building from residential property line2	E or H1		E or H1	E or H1
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. High impact uses in the C-2/CP-2 zone are required to provide more substantial buffers, site plan and/or building modification to further reduce impacts of the C-2/CP-2 use on adjacent residentially zoned property. See Table C in this section.

TABLE B: SCREENING OPTION DESCRIPTIONS

Option	Screening Type	Purpose And Standards
A	4' 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 to 1 ratio of run to rise. Berms shall be a minimum width of 12'. BBerm with shrub landscaping sufficient to achieve a 4' high screenScreens 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 gallons when planted and shall be expected to reach a height of at least 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 to 1 ratio of run to rise.
B	Berm with shrub landscaping 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 gallons when planted and shall be expected to reach a height of at least 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 to 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 and 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), with a 5 gallon minimum planted size, 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	6' solid fence of either wood, vinyl or chainlink with interlocking opaque vinyl or a decorative masonry wall with textured surface facing residential use	Screens ground level lights, noise, objectionable views, provides privacy and access restriction, and texturing provides aesthetic relief, "Decorative masonry" shall include split-face block or brick, 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 21/2' from the fence shall be required when fence abuts parking.
E	A minimum 6' wide landscaped strip with trees and either a 6' solid fence of either wood, vinyl or chainlink with interlocking opaque vinyl or a decorative masonry wall with textured surface facing residential use	Screens ground level lights, higher level lights, noise, objectionable views; provides privacy, access restriction and additional noise mitigation. Trees shall be a minimum of 2" caliper in size, spaced at a minimum of 20' on center.
F	6' chainlink fence	Provides security and access restriction. Used only when these are the major impacts. Bumper guards, set back a minimum of 21/2' from the fence, shall be required when fence abuts parking.
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. Bumper guards, set back a minimum of 21/2' from the fence, shall be required when fence abuts parking.
H	6' open fence with evergreen shrubs	Screens ground level and higher level lights, provides security and access restriction. Vegetative screen provides additional noise mitigation and screens objectionable views. Trees and shrubs shall be of a locally adapted evergreen species such as arborvitae, juniper, pyracantha, evergreen euonymus, pines or spruces, with a planted size of at least 15 gallons for trees and 5 gallons for shrubs, and shall be expected to reach a height of at least 5' within 5 years of planting. Trees shall be planted at 20' on center and shrubs at 5' on center.
I	Ornamental wrought iron fence or other decorative see- through fencing	Provides some access restriction. Used when this is the only impact from the proposed development. Bumper guards set back a minimum of 21/2' from the fence, shall be required when fence abuts parking.

TABLE C. HIGH IMPACT USE MITIGATION WHEN NEAR RESIDENTIAL ZONES

Site access	Entrances and exits shall be at least one hundred feet (100') from the residentially zoned property.
Building openings	Building openings other than pedestrian entrances shall not face the residentially zoned property.
Building noise dampening	A building shall be designed and constructed to minimize the noise that exits the building. The use of building materials, windows, roofing, insulation, openings, and design may require modification to reduce noise or vibration.
Noise Study	The applicant shall submit a noise study from a qualified professional that demonstrates the operation will not exceed the maximum allowable sound levels in Title 12, Chapter 14 of this code.
Location of noise generating activity	Noise generating activities that are planned outside of a building, such as vacuums, batting cages, playgrounds, drive-through queuing lanes, or restaurants with drive-in, shall be set back at least fifty feet (50') from the residentially zoned property.
Hours of operation	Hours of operation are limited to the hours between eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M.
Loading and Unloading Docks	Loading and unloading docks shall be screened from residentially zoned properties.
Outdoor Lighting	All lighting shall be shielded and shall be reduced to one (1) foot candle at the shared property line.

D. Waivers: The Planning Commission may waive the screening fence requirement in full or in part or may require a see-through rather than a solid fence, if the purpose of this Section is achieved, and it is determined that one or more of the following conditions applies:

1. 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.

2. 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.

3. 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.

(Ord. 91-11, 5-23-1991; amd. Ord. 97-44, 6-17-1997; Ord. 99-14, 3-16-1999; Ord. 99-38, 10-19-1999; Ord. 2023-59, 11-7-2023)

15-38-4: SPECIAL REGULATIONS:

A. Permitted And Conditional Uses; Conditions: Hereinafter specified permitted and conditional uses shall be permitted only when the following conditions are complied with:

1. All manufacturing shall be done within a completely enclosed building.

2. All uses shall be free from objection because of odor, dust, smoke or noise.

3. In the C-1 neighborhood commercial zone, no entertainment, except recorded music, shall be permitted in cafes, cafeterias, ice cream parlors or restaurants.

4. All sales activities shall be conducted within a building, except the following shall not be prohibited under this section when operated as directed by law:

a. Mobile food trucks and mobile food trailers;

b. Seasonal sales of produce and beverage may be allowed by the building official in temporary buildings under four hundred (400) square feet, for a period not to exceed six (6) months in one calendar year;

c. Outdoor sales or displays which are customarily incidental to a permitted use conducted within a building; or

d. Christmas tree sales, fireworks stands, charitable fundraising events lasting no longer than forty eight (48) hours, and city approved special events.

B. Car Wash; Restrictions: A car wash shall be permitted subject to the following restrictions:

1. Operation or use is forbidden between the hours of eight o'clock (8:00) P.M. and eight o'clock (8:00) A.M. on the following morning in C-1 zones, or a car wash that is considered a high impact land use in the C-2/CP-2 zones.

2. If a manual car wash is within one hundred feet (100') of any residential zone property or if a laundry-style car wash is less than five hundred feet (500') to a residential zoned property it shall be considered a high impact use (reference Section 15-38-5, Uses, laundry-style car washes, footnote 2) and the following shall apply:

a. The applicant shall submit a noise study that shows the operation will not exceed the maximum allowable sound levels in Title 12, Chapter 14.

b. The building housing the car wash, any outdoor mechanical equipment such as vacuums or dryers, and entry, queuing and exit lanes shall be set back a minimum of fifty feet (50') from the property line of any residentially zoned property.

c. Any entrance or exit to a tunnel or wash bay shall be oriented away from the residentially zoned property.

d. Laundry-style car washes shall have an on-site manager during business hours.

e. Manual and laundry-style car wash dryers and vacuums shall not exceed sixty-five decibels (65 dB) at the residential property line.

f. Equipment shall receive regular maintenance to maintain compliance with the noise standards.

g. Manual and laundry-style car washes shall post signage near the vacuums that requests customers be considerate of surrounding residents and not play music with the vehicle doors or windows open.

h. All vacuums shall have an individual on/off switch, so customers have to turn on the vacuum to use the vacuum.

i. Laundry-style car washes shall be three hundred feet (300') from a residentially zoned property, measured from the residentially zoned property line to the car wash property line.

3. There shall not be more than four (4) washing bays for a manual spray car wash in the C-1 and C-2/CP-2 zones.

4. Off street vehicle storage required as follows:

a. One bay car wash: Four (4) spaces in the approach lane;

b. Two (2) bay car wash: Three (3) spaces in the approach lane for each wash bay;

c. Three (3) or more bay car wash: Two (2) spaces in the approach lane for each wash bay.

C. Landscaped Setbacks Required For Certain Streets: A forty foot (40') wide landscaped setback is required for all uses along the frontage of 1200 West from Harrisville Road to 1200 South and along the frontage of 1200 South from 1200 West to 500 West which is the west side of the main railroad line and known as the former defense depot Ogden site. Landscaping in this setback shall be in accordance with the landscaping and buffering requirements defined in chapter 4 of this title.

D. Towing Or Impound Lot Restrictions:

1. A towing or impound lot is only allowed as an accessory use to an auto repair or body shop or a state or federally chartered bank/financial institution;

2. The towing or impound lot shall not occupy more than thirty percent (30%) of the entire property;

3. Vehicle storage areas, required screening fencing, and unloading areas shall be located behind the main building and set back thirty feet (30') from all public streets along any side or rear areas facing a street. All outdoor storage, parking lots, and access driveway areas shall be paved with either asphalt or concrete. All setback areas shall be completely landscaped (excluding those areas used for parking, accesses and buildings). All landscaping shall be according to an approved landscape plan which meets the objectives of this section. All landscaped areas shall be properly maintained;

4. All towing or impound lots adjacent to any residential use or zone shall have a minimum ten foot (10') wide landscaped setback from the residential properties, with appropriate trees and shrubs planted to provide an adequate buffer from the adjacent residential use;

5. All towing or impound lots shall be enclosed by a screening fence at least seven feet (7') high. The screening fence shall be located behind any required landscaped setbacks. The screening fence shall be a unified design and may be constructed of any of the following fencing materials:

a. Chainlink with vertical plastic or vinyl slats spaced no farther than three-eighths inch (3/8") apart, provided no storage of vehicles within two feet (2') of the fence;

b. Solid wood fence of one inch by four inch (1" x 4") to one inch by eight inch (1" x 8") horizontal members spaced no farther than one-eighth inch (1/8") apart;

c. Decorative masonry; or

d. Other fence materials approved by the planning commission if it is determined that the material and design is opaque, is not easily damaged by weather or objects placed against it, does not detract from the appearance of the finished site development, and the colors of the required screening wall are subdued and nonreflective;

6. Loading and/or unloading of towed or impounded vehicles shall be prohibited between the hours of ten o'clock (10:00) P.M. and six o'clock (6:00) A.M. for lots that are located adjacent to residential use or zone;

7. Loading and/or unloading of vehicles shall not be permitted within the public right of way or required setback areas. Facilities shall be designed so that all loading and unloading takes place on the site behind the required screening fence without having to move vehicles in and out of the screened storage area;

8. Interior access lanes shall be maintained and kept open and free from storage as required by the fire department to provide adequate access for fire protection;

9. All towing or impound lots shall comply with Utah state tax commission standards for impound yards and shall provide the city with their state issued identification number. All tow trucks and operators accessing the yard shall obtain and meet all necessary state certification and licensing requirements;

10. No dismantling or salvaging is to occur on the property;

11. Vehicle storage time is limited to ninety (90) days.

E. Medical Cannabis Pharmacy: A medical cannabis pharmacy shall be permitted subject to the following restrictions:

1. Unless waived by the Utah Department of Health, the medical cannabis pharmacy shall be located no closer than six hundred feet (600’) from any primarily residential zone and two hundred feet (200’) from any community location, measured from the nearest entrance to the pharmacy following the shortest route of ordinary pedestrian travel to the boundary of the community location or residential zone;

2. No portion of the exterior brick visible to the public shall be painted;

3. No windows shall be darkened or covered to prohibit view into the interior of the sales space from the public view;

4. Only one public access is permitted which shall be located on the street face of the building; and

5. Hours of operation are from 8:00 A.M. to 8:00 P.M.

F. Multiple-Family Dwellings and Single-Family Rowhouses: Where allowed, a multiple-family dwelling or single family rowhouses shall comply with the following restrictions:

1. Mixed-use multiple-family dwellings are only allowed on lots that are at least 10 acres. They must comply with the following standards:

a. at least 75% of the total ground floor area of all buildings on the lot must be developed with allowable nonresidential uses. The nonresidential use must receive a certificate of occupancy prior to or concurrent with receiving a certificate of occupancy and zoning compliance for the residential use.

b. residential uses may not be located in the ground floor storefront area.

c. in addition to the amenities otherwise required, the following must be provided on site:

(1) a fitness center or gym with at least 2,000 square feet floor area;

(2) a common room available for reservation for large gatherings of at least 2,000 square feet floor area;

(3) retail spaces containing at least 1,500 square feet floor area of each of the following:

(A) groceries; and

(B) personal services.

2. A senior multiple-family dwelling developed on a lot four acres or larger is required to develop at least 25% of the land area as non-residential, permitted commercial uses. Commercial uses shall be located:

a. in a commercial building on land fronting the street that is a minimum of 25% of the lot area and has adequate depth for the commercial use;

b. on the entire ground level of the proposed senior multiple-family dwelling structure fronting on the street, except for areas required to provide access to the upper floors; or

c. a combination of commercial buildings and ground level commercial provided the areas equal the minimum 25% lot area requirement.

3. A senior or mixed-use multiple-family dwelling is not permitted if the sum of all land area devoted to existing and proposed multiple-family development exceeds 30% of the total land area, excluding street rights-of-way, as measured by the lot area of all land within:

a. a 700-foot radius from the center point of the intersection of 30th Street and Washington Boulevard, 36th Street and Washington Boulevard, 12th Street and Harrison Boulevard, or 20th Street and Harrison Boulevard; or

b. a 1,000-foot radius from the center point of the intersection of 2nd Street and Washington Boulevard, 12th Street and Wall Avenue, 12th Street and Washington Boulevard, and 36th Street and Wall Avenue.

4. In addition to the requirements for parking and parking lot designs found in Chapter 12, surface parking lots shall be located:

a. behind the building; or

b. to the side of the building, provided the parking lot width may not exceed 25% of the frontage of the lot.

5. In the C-3/CP-3 zone, the minimum front setback of a senior or mixed-use multiple-family dwelling may be reduced to:

a. six feet to the main entryways for the building if the entryways are enclosed;

b. eight feet to projections from the main body of the building, provided the projections are not more than 50% of the frontage width of the building and the areas between projections is landscaped with shrubs spaced so they create a solid area between the projection wall and sidewalk; and

c. ten feet if the floor elevation of the dwelling units which face the street are at least three feet above the sidewalk elevation of the street.

6. Entries:

a. Entry Location:

(1) Individual dwelling units, such as a single-family rowhouse or other housing types that have an individual outside entrance to a dwelling shall have the front door of each unit on a public street facing the street.

(2) Multiple-family dwellings that have entrances to individual dwelling units access an interior hallway shall have the main building entrance facing the public street. The location of the entrance may be at the corner of the building facing the street or along a portion of the building that fronts the street, provided that on a corner lot the entrance may be at the corner of the building which faces the streets or along the primary street frontage of the street with the larger traffic counts.

b. Entry Design:

(1) The entry design for a single-family rowhouse or a building that has an individual dwelling unit outdoor entrance shall provide an individual porch area for each unit facing the street as part of the entrance. The porch shall have a minimum four foot by six foot cover above the entryway door which is either a projecting covering over the entryway or a recessed entryway covered by the building above the entrance.

(2) A multiple-family dwelling street entrance shall be developed as part of the wall of the buildings and shall create an enclosed lobby and access corridor to the dwelling units within the building. The entry design shall be designed to be clearly visible from the street and shall:

(A) use architectural elements which include either canopies over the entry or the entry recessed behind the main building wall;

(B) incorporate a change of building materials that focuses attention to the entrance or architectural elements that extend above the first floor of the entryway and are in keeping with the architectural design of the overall building;

(D) for buildings having more than 100 feet building frontage, provide multiple entries such that no entry is further than 50 feet from the end of the building nor another entry.

7. Exterior Materials and Colors:

a. The color and materials used for exterior wall surface treatments shall be based on the type and scale of the proposed building.

b. The following materials are prohibited in all types of dwellings as an exterior finish material:

(1) pre-cast concrete and tilt-up wall systems that are primarily structural in appearance (such as Twin-Ts);

(2) natural-colored cinder block;

(3) materials intended for indoor finishes; and

(4) vinyl or aluminum siding.

c. Exterior materials for a single-family rowhouse may differ between each dwelling unit to express the individual units by materials or color, or the overall rowhouse structure can be treated as one building for materials and color.

(1) The rowhouse dwelling unit, or the rowhouse structure, as the case may be, is limited to a maximum of two main building materials.

(2) The exterior covering materials are limited to:

(A) brick;

(B) stone;

(D) wood;

(E) fibrous cement siding that appears as either wood siding or stucco; and

(F) architectural metal with a ribbed or flat surface and is not galvanized.

(3) Colors shall be muted earth tone colors of reds, ochres, browns, greens, silver, grey and white.

(A) A maximum of two colors or two tones of one color are allowed per townhome unit if designed with the variation of materials per unit or building if designed as a common building material.

(B) Window trim, fascia, and entry columns or posts may share one additional tone of the color used on the building.

d. Multiple-Family Dwelling up to 16 Units:

(1) The exterior covering materials are limited to:

(A) brick;

(B) stone;

(D) wood; or

(E) fibrous cement siding that has a texture of wood, stucco, or other material. Use of fibrous cement siding will be considered as one material per each type of texture design used to look like different materials.

(2) Stucco is limited to above the main floor of the building and no more than 20% of the building surface.

(3) Precast sills, lintels, quoins and other similar architectural detail enhancements are permitted and not considered as a second material.

(4) Colors shall be muted earth tone colors of reds, ochres, browns, beige and white. A maximum of two colors or two tones of one color are allowed.

(5) A maximum of two main exterior materials are allowed. The two main exterior materials shall comprise at least 80% of the exterior surface of each façade.

e. Multiple-Family Dwelling of 17 Units or Larger:

(1) The exterior covering materials are limited to:

(A) brick;

(B) stone;

(D) fibrous cement siding that appears as stucco;

(E) architectural metal with a ribbed or flat surface that is not galvanized;

(F) EIFS; or

(G) precast concrete with a finish that appears as stone.

(2) Stucco, EIFS, architectural metals and fibrous cement siding are limited to placement above the main floor of the building.

(3) A maximum of two main exterior materials are allowed. The two main exterior materials shall comprise at least 80% of the exterior surface of each façade.

(4) Precast sills, lintels, belt courses, parapets, pilasters, columns and other similar architectural detail enhancements are permitted and not considered as a second material.

(5) Colors shall be muted earth tone colors of reds, ochres, browns, beige and white. Metal finishes may also have colors in the silver and grey range. A maximum of two colors or two tones of one color are allowed.

(6) Variations to the material and color requirements may only be considered on approval of the planning commission. In reviewing a request for a variation to the requirement the commission shall consider:

(A) the architectural theme of the building and how the request is consistent with the architectural theme;

(B) the compatibility of the request with the context of the building location and the developments around it; and

8. Architectural Design: Buildings shall be designed to provide human scale, interest, and variety. The larger the building the simpler the design techniques should be to create that interest and variety.

a. Single-Family Rowhouse Units:

(1) The rowhouse unit should be designed using recognized architectural styles found in Ogden. Those styles are arts and crafts, Victorian, prairie and modern.

(2) The elements of architectural style such as window placement, details in cornice treatment overhangs, dormers and porches shall be in the design of the unit or building.

(3) The roofline of each unit shall vary in height to define the individual unit.

(4) Each unit shall have a two foot stagger from the wall of the adjacent unit.

(5) No more than seven townhomes shall be joined together side by side.

b. Multiple-Family Dwelling up to 16 Units:

(1) The human scale and interest features shall be articulated by a projecting or recessed main entrance.

(2) The building design shall include window sills and lintels to define the window openings. Lintels over each window shall be of a different material and color than the wall, extend at least six inches horizontally past the window frame and project at least two inches out from the wall. Glazing shall be a minimum of 20% of the exterior wall surface of each level of the building fronting the street.

(3) Material changes if desired shall occur at changes in the wall plane such as projections or recesses of the front façade that have a minimum offset of two feet.

c. Multiple-Family Dwelling of 17 Units Larger:

(1) These buildings shall have defined street facing building modules that occur at a maximum of every 50 feet of the length of the building. The modules can be defined by either two foot minimum offsets of wall planes or breaks in the wall surface by pilasters or columns.

(2) If desired one belt course to separate the ground level from the upper portions of the building or ground level and second story for buildings over four stories is permitted as a means to create the appropriate scale of the building.

(3) Glazing shall be a minimum of 20% of the exterior wall surface of each level of the building fronting the street. Lintels shall be placed over each window that are of a different material and color than the wall, extend at least six inches horizontally past the window frame and project at least two inches out from the wall.

(4) Material changes if desired shall occur at changes in the wall plane such as projections, recesses or belt course above the ground level of the building front facade.

(5) Buildings shall be limited to a flat roof with the roof line hidden behind a parapet wall or the roof extended over the building wall with cornices detailing to transition the overhang to the building wall.

(6) Buildings shall provide at least one of the following along each street facing facade:

(A) balconies with a minimum depth of six feet and width of eight feet for at least 50% of the street facing dwelling units;

(B) roof overhangs extending a minimum of 18 inches from the wall surface and at least 75% of the wall length; or

9. Screening of Utilities and Dumpsters:

a. Electrical and gas meters shall be screened or located out of view from the public street. All utilities and their connections shall be underground where permitted by the utility provider and other regulations.

b. Design for screening enclosures for trash shall be incorporated into building architecture and utilize the same materials as the principle building to the greatest degree practicable.

(1) Screening and fences shall be one foot higher than the object being screened, but not more than eight feet high, on all sides where access is not needed.

(2) A metal gate shall be included where required for complete screening.

(3) The trash enclosures shall be located behind the building and not visible to public view from the public right-of-way.

10. A multiple-family dwelling of 17 units or more shall provide electric vehicle charging stalls as follows:

a. at least one charging station for the first 30 dwelling units; plus at least one additional charging station for every 50 dwelling units thereafter; and

b. for senior multiple-family and moderate to low income housing, at least one charging station per 50 dwelling units.

(Ord. 2011-7, 1-25-2011; amd. Ord. 2014-34, 8-12-2014; Ord. 2019-46, 10-22-2019; Ord. 2020-47, 10-6-2020; Ord. 2022-5, 2-1-2022; Ord. 2023-45, 7-18-2023; Ord. 2023-59, 11-7-2023; Ord. 2024-28, 10-15-2024)

15-38-5: USES:

In the following list of possible uses, those designated in any zone as "P" will be a permitted use. Uses designated as "C" will be allowed only when authorized by a conditional use permit obtained as provided in chapter 7 of this title. Uses designated as "N" will not be allowed in that zone.

				C-1 And CP-1	C-2 And CP-2	C-3 And CP-3
A.	Accessory apartment, 1 unit.			P	P	P
	Accessory buildings and uses customarily incidental to a permitted use.			P	P	P
	Adult daycare with hours of operation between 6:00 A.M. and 6:00 P.M. on weekdays.			P	N	N
	Air conditioning, sales and service.			N	N	P
	Altering, pressing and repairing of wearing apparel.			P	P	P
	Ambulance base stations.			N	C1	P
	Amusement park.			N	N	C
	Animal hospital, small animals only, and provided all animals are maintained and kept within completely enclosed building.			N	P	P
	Animal hospital, small animals only, and provided conducted within completely enclosed building. Outdoor kenneling of animals, patients provided.			N	C1	C
	Arcade (on the following conditions):			N	P	P
		1. That in C-2 zones, arcades be located in planned shopping centers or malls; and that such mall or shopping center be on at least a 4 acre site;
		2. That in both C-2 and C-3 zones, no arcade be located within 600 feet of any public elementary or secondary school, measured linearly between closest property lines;
		3. That in C-3 zones, no 2 arcades shall be closer than 600 feet apart, measured linearly between closest property lines.
	Archery shop and range, provided conducted within completely enclosed building.			N	P	P
	Athletic club.			N	P	P
	Auction establishment.			N	N	P
	Automobile lube and oil center.			N	P1	P
	Automobile, new or used, sales and service.			N	N	P
	Automobile part sales.			N	P	P
	Automobile repair, including paint, body and fender, brake, muffler, upholstery or transmission work, provided conducted within completely enclosed building.			N	N	P
	Automobile, sales only online, subject to the following conditions:			N	N	P
		1. Office space shall be located only in a commercial building.
		2. On-site parking for dealership owned vehicles shall be limited to a maximum of 6 stalls. On-site parking will be subject to meeting the provisions of Chapter 12 of this title.
		3. Space for the vehicles shall be on the same site as the office. Vehicles parked on site shall not have any attached signage, writing on the windows or advertising to promote the sale of the vehicle. The parking area shall be treated as normal office parking and shall not have any promotional banners or temporary signage as defined in Title 18 of the Ogden Municipal Code.
		4. On-site parking stalls shall not be used for automobile detailing, maintenance, or repair, such as paint, body and fender, brake, muffler, upholstery, or transmission work.
		5. On-site parking stalls shall be used to park functioning, operable vehicles for retail sales. Vehicles parked on the site for sale or potential sale shall not have any appearance of damage and shall be in good operating condition and physical appearance. No noticeable significant damage, such as broken windows, extensive body rust, flat tires, missing bumpers, or body damage, is allowed.
	Automobile service station; provided, that service bays are part of the main building and limited to a maximum of 1 bay in a C-1 and 2 bays in a C-2. No outside display of accessory items to be sold nor outside storage shall be permitted. One freestanding single bay, rotating brush car wash shall be permitted as an accessory use.			P	P1	P
	Awning sales and service.			N	P	P
B.	Baby formula service.			P	P	P
	Bakery goods manufacturing.			N	N	P
	Bakery manufacture limited to goods retailed on premises.			P	P	P
	Bank or financial institution.			P	P	P
	Barbershop.			P	P	P
	Bath and massage establishment.			N	P	P
	Beauty culture school.			N	N	P
	Beauty shop.			P	P	P
	Bed and breakfast inn, subject to the following standards:			N	P	P
		1. Two parking spaces shall be provided for the host family, plus 1 space for each guestroom;
		2. Proprietor or owner must occupy the property;
		3. Meals may only be served to overnight guests;
		4. Signs are limited to nameplate signs, not exceeding 2 square feet in residential zones. In addition, a freestanding identification sign not to exceed 4 square feet is permitted. If illuminated, only indirect spotlighting is allowed, thus prohibiting backlighted signs.
	Beer parlor, sale or draft beer.			N	N	C
	Billiard parlor.			N	N	P
	Blueprinting and photostating.			N	P	P
	Boarding house.			N	P	P
	Boat sales and service.			N	C1	P
	Bookbinding.			N	N	P
	Bottling and distribution plant.			N	N	P
	Bowling alley.			N	P	P
	Boxing arena.			N	N	P
	Bus terminal.			N	P1	P
	Business or professional office.			P	P	P
C.	Cafe or cafeteria.			P	P	P
	Candy manufacture.			N	N	P
	Cannabis production establishment.			N	N	N
	Car wash, laundry type.			N	C1, 2	P
	Car wash, manual spray.			C	P1	P
	Carbonated water sales.			N	P	P
	Carpenter and cabinet shop.			N	N	P
	Carpet and rug cleaning.			N	N	P
	Carpet, rug and linoleum service.			N	P	P
	Cash register sales and service.			N	P	P
	Catering establishment.			N	P	P
	Charitable soup kitchen, provided the following conditions are complied with:			C	C	C
		1. Minimum lot size shall be 1 acre;
		2. Minimum building size shall be 3,500 square feet of floor space;
		3. One parking space shall be provided per employee or volunteer on the highest shift;
		4. At least 1 accessible restroom or "port- a-john" shall be provided on the site and kept open to patrons during off hours;
		5. All yard areas not used for parking and associated accessways shall be landscaped;
		6. The site shall be fenced with a minimum 5 foot high fence along adjoining properties;
		7. The planning commission may allow the installation of open space improvements to occur in phases.
	Christmas tree sales.			P	P	P
	Church.			N	P	P
	Church, temporary revival.			N	C	C
	Circus, carnival or other transient amusement.			N	N	C
	Coal and fuel sales office.			N	N	P
	Communication equipment building.			N	P	P
	Contractor shop, provided work conducted within a completely enclosed building.			N	N	P
	Convenience store.			P	P1	P
	Convenience store, 1 freestanding single bay rotating brush car wash shall be permitted as accessory use.			P	P1	P
	Costume rental.			N	P	P
D.	Dance hall.			N	N	C
	Data processing service and supplies.			N	P	P
	Delicatessen.			P	P	P
	Detective agency.			P	P	P
	Diaper service, including cleaning.			N	P	P
	Drapery and curtain store.			N	P	P
	Drinking establishment. In addition to the requirements of the conditional use process, the following conditions shall apply:			N	N/C	C
		1. No more than 2 drinking establishments per linear block;
		2. Parking shall be located on the same lot with the building and conveniently located to the entrance of the building. In determining conveniently located parking, the planning commission shall consider:
			a. The visibility of the parking area from the building;
			b. The lighting, existing physical development, and types of uses adjacent to the parking lot and drinking establishment;
			c. The potential for parking conflicts with the parking lots of adjacent uses;
			d. The potential for customer usage of on street parking in front of residential uses.
		3. Operational hours shall be considered to assure compatibility with the surrounding uses.
		4. In addition, the following conditions shall apply to the CP-2 zone:
			a. Must be located in a multi- tenant retail or office center of at least 3 separate uses in the building;
			b. The drinking establishment shall not be located on the ground floor;
			c. The drinking establishment shall be no closer than 200 feet to any residential use, measured by a direct pedestrian route from the main entrance of the establishment to the property line of the residential use.
	Drinking establishment with cabaret license. In addition to the requirements applicable generally to drinking establishments, the planning commission shall consider the potential effects of cabaret operations on adjacent uses, including, but not limited to, any residential dwellings in the vicinity, considering hours of operation, noise, parking and traffic conflicts, and possible activities of patrons on and around the site.			N	N	C
	Drive-it-yourself agency or business.			N	P	P
	Driving range.			N	N	C
	Dry cleaning establishment:
		Industrial.		N	N	P
		Personal service.		N	P	P
	Dry cleaning pick up station.			P	P	P
E.	Educational institution/post-high school educational institution.			N	P	P
	Educational institution/post-high school educational institution with housing.			N	P	P
	Electrical and heating appliances and fixtures, sales and service.			N	P	P
	Electronic equipment sales and service.			N	P	P
	Employment agency.			N	P	P
	Express and transfer service.			N	N	C
F.	Farm implement sales.			N	N	P
	Film exchange establishment.			P	P	P
	Fireworks stands and sales.			N	P1	P
	Frozen food lockers, incidental to a grocery store or food business.			P	P	P
	Fruit store or stand.			P	P	P
G.	Garden supplies and plant material sales.			P	P	P
	Glass sales and service.			N	P	P
	Go-cart track, indoor.			N	N	C
	Government buildings or uses, nonindustrial.			P	P	P
	Greenhouse and nursery.			N	P	P
	Gunsmith.			N	P	P
	Gymnasium.			N	P1	P
H.	Health club.			N	P1	P
	Heliport.			N	C1	C
	Hospital supplies.			N	P	P
	Hotel.			N	P1	P
	House cleaning and repair.			N	P	P
	House equipment display.			N	P	P
	Household pets, dwelling units only.			P	P	P
I.	Ice cream manufacture.			N	N	P
	Ice cream parlor.			P	P	P
	Ice manufacture and storage.			N	N	P
	Ice store and vending station.			P	P	P
	Indoor batting ranges.			N	P	P
	Insulation sales.			N	P	P
	Interior decorating and design establishment.			N	P	P
J.	Janitor service and supply.			N	P	P
K.	Kenneling (indoor) with outdoor exercise area.			N	N	C
	Knitting mills.			N	N	P
L.	Laboratory, dental or medical.			N	P	P
	Launderette or laundromat.			P	P	P
	Laundry or dry cleaning establishment, industrial.			N	N	P
	Library.			P	P	P
	Linen supply service.			N	N	P
	Liquor store.			N	C	C
	Locksmith.			P	P	P
	Lodge.			P	P	P
	Lodging house.			N	C	P
	Luggage store.			N	P	P
	Lumberyard.			N	N	C
M.	Machine shop operations incidental to any use permitted in C-3 zone.			N	N	P
	Manufacture of goods subject to the following conditions:			N	P1	P
		1. All uses and storage shall be inside a building;
		2. Manufacturing uses are limited to assembly of products only;
		3. A portion of the building shall be used as office or retail area;
		4. Maximum total building size is 15,000 square feet.
	Medical cannabis pharmacy.			P	P	P
	Millinery.			N	P	P
	Miniature golf.			N	N	C
	Mobile food trailer.			N	P	P
	Mobile food truck.			N	P	P
	Mobile home sales lot and service.			N	N	P
	Monument works and sales.			N	P	P
	Mortuary.			N	P1	P
	Motel.			N	P	P
	Motorboat sales and service.			N	C	P
	Museum.			N	P	P
N.	Newsstand.			P	P	P
	Nursery school.			P	P1	P
O.	Office in which goods or merchandise are not commercially created, exchanged or sold.			N	P	P
	Office supply.			N	P	P
	Ornamental iron sales or repair.			N	C	P
	Outdoor batting cages.			N	C1	C
P.	Paperhanger shop.			N	P	P
	Park and playground.			P	P	P
	Parking lot or garage for passenger automobiles.			C	C1	C
	Pawnshop.			N	N	P
	Personal storage units.			N	N	N
	Pest control and extermination.			N	P	P
	Pet grooming.			C	P	P
	Pet store.			N	P	P
	Photo studio.			P	P	P
	Photocopying and printing services, with floor area of 1,200 square feet or less.			P	P	P
	Pie manufacture.			N	P	P
	Plumbing shop.			N	C	P
	Pony ring, without stables.			N	N	C
	Pool hall.			N	N	P
	Post office.			P	P	P
	Precious metal purchasing provided it is an accessory use to a use permitted in the zone.			P	P	P
	Printing, lithographing, publishing or reproductions sales and service.			N	P	P
	Privately operated concession or amusement business in a public park.			C	C	C
	Propane retail sales as an accessory use:			N	P	P
		1. An aboveground bulk propane storage tank shall:
			a. Be located outside of any required setback;
			b. Not exceed 16 feet in length if tank is horizontal;
			c. Not exceed the primary building height or 10 feet, whichever is lower, if tank is vertical;
			d. Not exceed a volume of 1,100 gallons;
			e. Be limited to 1 tank per site.
	Public utilities substation.			C	C	C
Q.	Reserved.
R.	Racquet club.			N	P	P
	Radio and television sales and service.			C	P	P
	Radio, television or FM broadcasting station.			N	P	P
	Real estate agency.			N	P	P
	Reception center or wedding chapel.			N	C	P
	Recreational vehicle storage.			C	C	P
	Rental agency for home and garden equipment.			N	P	P
	Residential:
		Mixed-use group dwelling (see Chapter 10 for applicable conditions).		N	C	C
		Mixed-use multiple-family dwelling (see Subsection 15-38-4.F for limits and standards).			N	C
		Multiple-family dwelling or two-family/duplex dwelling within an OGX station area where indicated in a city adopted station area plan.		N	P	N
		Senior multiple-family dwelling.		N	P	P
	Restaurant.			P	P	P
	Restaurant, drive-in.			P	P1	P
		Drive-in restaurants in the C-1 zone shall comply with the following conditions of approval:
			1. Shall be located only on arterial roads.
			2. Hours of business be from 7:00 A.M. to 11:30 P.M.
			3. The minimum square footage of the building shall be 2,600 square feet and the maximum 4,000 square feet.
			4. Exterior speakers shall be designed and installed to minimize the audible impact to the adjacent residences.
			5. Drive-up windows shall face either the street or nonresidential uses.
			6. Business signs shall be only monument signs and they shall not exceed 8 feet in height.
			7. At least 60% of the building square footage shall be designed and devoted for sit down dining.
	Restaurant with cabaret. In addition to the requirements of the conditional use process, the planning commission shall consider the potential effects of the type of proposed cabaret operations on adjacent uses, including, but not limited to, any residential dwellings in the vicinity, considering hours of operation, noise, parking and traffic conflicts, and possible activities of patrons on and around the site.			N	N	C
	Retail sales establishment doing business and having displays inside an enclosed building whose main use is the selling of goods or merchandise to the general public for personal, household or business use and rendering services incidental to the sale of such goods:
		Total building size 3,000 square feet or less.		P	P	P
		Total building size 3,001 to 10,000 square feet.		C	P	P
		Total building size 10,001 to 40,000 square feet.		N	P	P
		Total building size 40,001 to 60,000 square feet.		N	C	P
		Total building size 60,001 or greater.		N	C	C
	Retail sales establishment doing business whose main use is the selling of goods or merchandise to the general public for personal, household or business use and rendering services incidental to the sale of such goods, including outdoor displays or storage of such things as building materials, garden supplies, but not tires, vehicles or vehicle parts:
		Total building size less than 10,000 square feet.		N	N	C
		Total building size 10,000 square feet or greater.		N	C	C
	Retail tobacco specialty business provided it meets the requirements of Section 15-13-35.			N	N	P
	Rollerskating rink. Rollerskating rinks in the C-1 and C-2 zones, as well as CP-1 and CP-2 zones, shall comply with the following conditions of approval:			P	P	P
		1. Shall be located in a commercial center or site of at least 1 acre in size;
		2. Such establishment shall not be open for business later than 10:00 P.M. Sunday through Thursday, and not later than 11:30 P.M. on Fridays and Saturdays;
		3. No alcoholic beverages shall be sold or consumed on the premises of the skating rink;
		4. Minimum of 5 foot high screening fence shall be required along all property lines abutting residential property except that no fence shall be higher than 31/2 feet in a front yard setback or side yard facing a street on a corner lot;
		5. No musical instruments, phonograph, sound amplifier or similar device shall be operated in such a manner as to create a noise disturbance across a real property boundary. If such a device is plainly audible on the property of another or within a building other than that within which the device is located, and if a complaint is made to the police department and verified by them that a noise disturbance exists, this shall serve as prima facie evidence of a violation of this condition of approval.
	Roofing sales or shop.			N	P	P
S.	Seasonal sales of produce and beverage, subject to the following standards:			P	P	P
		1. All stands or trucks and displayed produce must be located on private property and not in the public right of way;
		2. Such stands or displays shall be set back at least 20 feet from adjoining street right of way lines;
		3. Off street parking must be available on site or within 500 feet of the site;
		4. No portable, flashing or banner signs shall be permitted;
		5. Such use shall either locate in a temporary building under 400 square feet for a period not to exceed 6 months in 1 calendar year, or in a permanent building year round. (The requirement to locate in a permanent or temporary building shall not apply in the M-1 and M-2 zones.)
	Service station automobile, excluding painting, body and fender and upholstery work.			P	P1	P
	Sexually oriented businesses (see Section 15-13-13 for applicable conditions):
		Adult business and adult live entertainment businesses.		N	N	P
		Outcall services and adult entertainment dancing agencies.		N	P	P
	Sheet metal shop and retinning, provided all operations are conducted within completely enclosed building.			N	N	C
	Shelter for the homeless.			N	N	C
	Sheltered workshop, provided the activities and processes are allowed as uses in the zone.			N	N	P
	Shoe repair or shoeshine shop.			P	P	P
	Shooting gallery.			N	N	P
	Short term loan business (see Section 15-13-34 for applicable regulations).			N	P	P
	Sidewalk vendor.			N	N	N
	Sign manufacture or sign painting.			N	N	P
	Signs (see Title 18, Chapter 5, "Appendix A").
	Single room occupancy.			N	N	N
	Social hall, subject to the following minimum standards which may be further restricted or added to by the planning commission:			N	C	C
		1. The social hall has a maximum size of 4,000 square feet.
		2. The facility is open for business at least 5 days per week with a maximum of 2 days per week allowed for events where individual paid entry is linked to: dancing to live music; or an event or performance by an individual or group, such as live music or live entertainment.
		3. Hours of operation to be determined based on site location and characteristics.
		4. No alcohol is permitted in the building or the property unless a special event license is issued for a private function.
		5. The use has games, social areas, programs or other activities available for use during the hours of operation but not a sufficient number of devices to be an arcade or pool hall.
		6. The use for private functions does not allow for ticket sales to the function or for participating in events associated with the function.
	Studio for professional work, teaching, performance or exhibitions of fine arts.			P	P	P
	Swap meet, subject to the following conditions: Must be operated in a completely enclosed building, except for incidental outdoor displays, and accessory fenced areas for storage of such things as living plant materials or items that because of fire code regulations may not be stored inside of building, i.e., gas lawn mowers, rototillers, compressors, or other machinery producing fumes or exhaust.			N	N	C
	Swimming pools.			N	C	P
T.	Tailor shop.			N	P	P
	Taxicab stand.			P	P	P
	Taxidermist.			N	P	P
	Telegraph office.			P	P	P
	Temporary automotive summer sales in commercial parking lots.			N	P	P
	Temporary building for uses incidental to construction work. Such buildings shall be removed upon completion of the construction work.			P	P	P
	Temporary business.			N	N	N
	Theater, indoor.			N	P	P
	Theater, outdoor.			N	N	C
	Tire stores, sales and service, subject to the following standards:			N	P1*	P
		1. No outside tire storage is permitted;
		2. Incidental repair work is permitted such as alignments, inspections, minor tune ups, but no muffler, transmission, bodywork, or major engine repair shall be permitted.
		*3. Stores in the C-2 Zone shall be subject to the following additional standards:
			a. The store shall be located in a minimum 10 acre shopping center and only as a portion of a main building;
			b. The building design shall not be altered contrary to the established theme of the shopping center;
			c. No freestanding accessory structures shall be allowed;
			d. Vehicle access doors to the building shall not be visible from any public street or residentially zoned property;
			e. No customer cars shall be kept overnight outside the building.
	Tool design (precision) repair and manufacture.			N	N	C
	Towing or impound lot.			N	N	C
	Trade or industrial school.			N	C	P
	Trailer sales and service.			N	N	P
	Transitional housing. Subject to the site development standards meeting Section 15-38-2 for the C-2 Zone and Section 15-38-2 for the C-3 Zone.			N	C	C
	Travel agency.			P	P	P
	Truck terminal.			N	N	N
U.	Upholstery shop.			P	P	P
	Used car lot.			N	N	C
V.	Ventilating equipment, sales and service.			N	C	P
W.	Warehouse storage.			N	N	N
	Waterslide.			N	C1	C
	Weather stripping shop.			N	P	P
	Welding shop.			N	N	C
	Wholesale business.			N	N	P
	Window washing establishment.			N	P	P
Notes: 1. These uses are considered high impact uses when abutting or within 100' of a residential zone boundary. Residentially zoned property that is developed with a nonresidential use does not apply. Additional requirements are required to mitigate potential impacts to adjacent residentially zoned property. See Section 15-38-3. 2. Laundry-style (automatic) car washes are not allowed within 300' of property zoned residential. Residentially zoned property that is developed with a nonresidential use does not apply.

(Ord. 2013-50, 12-3-2013; amd. Ord. 2014-34, 8-12-2014; Ord. 2015-47, 10-20-2015; Ord. 2016-32, 6-7-2016; Ord. 2019-46, 10-22-2019; Ord. 2020-24, 6-23-2020; Ord. 2020-39, 9-1-2020; Ord. 2020-43, 9-15-2020; Ord. 2020-47, 10-6-2020; Ord. 2022-5, 2-1-2022; Ord. 2023-16, 4-11-2023; Ord. 2023-59, 11-7-2023; Ord, 2024-28, 10-15-2024)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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