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: A multiple-family dwelling or single family rowhouses shall comply with the following restrictions:
1. A multiple-family dwelling developed on a parcel or lot of four (4) acres or larger is required to develop at lease twenty-five percent (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 twenty-five percent (25%) of the lot or parcel area and has adequate depth for the commercial use;
b. On the entire ground level of the proposed 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 twenty-five percent (25%) lot area requirement.
2. A multiple-family dwelling or single-family rowhouse is not permitted if the sum of all land area devoted to existing and proposed multifamily development exceeds thirty percent (30%) of the total land area, excluding street rights-of-way, as measured by the lot area of all land within:
a. A seven hundred foot (700') 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 one thousand foot (1,000') 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.
3. In addition to the requirements for parking and parking lot designs found in chapter 12 of this title, 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 twenty five percent (25%) of the frontage of the lot or parcel.
4. In the C-3/CP-3 zone, the minimum front setback of a multiple-family dwelling or single-family rowhouse may be reduced to:
a. Six feet (6') to the main entryways for the building if the entryways are enclosed;
b. Eight feet (8') to projections from the main body of the building, provided the projections are not more than fifty percent (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;
c. Ten feet (10') if the floor elevation of the dwelling units which face the street are at least three feet (3') above the sidewalk elevation of the street.
5. 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 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 (4' x 6') 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; and
(C) Have a minimum width of ten feet (10'), including the width for the entry doors.
6. 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 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 (2) main building materials.
(2) The exterior covering materials are limited to:
(A) Brick;
(B) Stone;
(C) Stucco;
(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 (2) colors or two (2) 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 Sixteen (16) Units:
(1) The exterior covering materials are limited to:
(A) Brick;
(B) Stone;
(C) Stucco;
(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.
(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 (2) colors or two (2) tones of one color are allowed.
(5) A maximum of two (2) main exterior materials are allowed.
e. Multiple-Family Dwelling Of Seventeen (17) Units Or Larger:
(1) The exterior covering materials are limited to:
(A) Brick;
(B) Stone;
(C) Stucco;
(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 (2) main exterior materials are allowed.
(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 (2) colors or two (2) 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
(C) If the colors and materials create a visual conflict to the visual qualities of the street.
7. 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 (2') stagger from the wall of the adjacent unit.
(5) No more than seven (7) townhomes shall be joined together side by side.
b. Multiple-Family Dwelling Up To Sixteen (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. Glazing shall be a minimum of ten percent (10%) 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 (2').
c. Multiple-Family Dwelling Of Seventeen (17) Units Or Larger:
(1) These buildings shall have defined street facing building modules that occur at a maximum of every fifty feet (50') of the length of the building. The modules can be defined by either two foot (2') 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 (4) stories is permitted as a means to create the appropriate scale of the building is permitted.
(3) Glazing shall be a minimum of ten percent (10%) of the exterior wall surface of each level of the building fronting the street.
(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.
8. 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 (1') higher than the object being screened, but not more than eight feet (8') 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.
9. A multiple-family dwelling of seventeen (17) units or more shall provide electric vehicle charging stalls as follows:
a. One charging station for up to the first thirty (30) units; plus at least one additional charging station for every fifty (50) units thereafter; and
b. For senior living and moderate to low income housing, at least one (1) recharging station per fifty (50) 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)