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15-39-8: USES AND STANDARDS ALLOWED FOR MIXED USE ZONE PROJECTS:
   A.   Uses allowed in the Ogden River redevelopment MU zone between 18th and 20th Streets, and Wall Avenue to Washington Boulevard:
      1.   Dining:
         a.   Restaurants, provided that if adjacent to the river, required to have outdoor dining areas as part of service. Maximum floor space limited to three thousand (3,000) square feet.
         b.   Specialty food or drink businesses with a maximum of two thousand (2,000) square feet of floor area.
      2.   Personal services:
         a.   Limited to hairdresser, barber, manicurist, tanning salon.
         b.   Must have residential units on floors above personal service business if a ground floor use.
      3.   Professional or business office:
         a.   Building footprint square footage limited to ten thousand (10,000) square foot maximum and required to have dwelling units on floors above office area.
      4.   Residential of the following types:
         a.   Attached row homes/townhomes of a minimum of one thousand three hundred (1,300) square feet per dwelling for at least seventy five percent (75%) of the development. The other twenty five percent (25%) of the row homes/townhomes in the development may have a minimum size of nine hundred forty (940) square feet per dwelling.
         b.   Apartment buildings with average unit size of nine hundred fifty (950) square feet. An apartment building may also include common laundry area or other personal services on main floor in building which are not counted in the average unit size but would not alter the building type as an apartment. An average unit size of nine hundred (900) square feet is allowed if the apartment building provides an on site fitness, meeting or social room, or a combination thereof, larger than the largest unit in the apartment complex on the block.
         c.   Dwelling units above nonresidential space except live-work: Single story of dwelling units above nonresidential space shall have an average unit size of one thousand one hundred (1,100) square feet if three (3) or more units. Where only one residential unit above nonresidential space, unit shall have the same exterior dimensions as the building below. Single story of dwelling units above nonresidential space with two (2) units shall have the same exterior dimensions as the building below and may have one unit a minimum of four hundred (400) square feet for the smallest unit with second unit occupying remainder of the building footprint. Two (2) or more stories of residential above nonresidential space shall have an average unit size of nine hundred (900) square feet.
         d.   Single-family detached dwelling units on lots up to three thousand (3,000) square feet with a density of at least ten (10) dwelling units per acre, provided that the total number of single-family detached dwelling units does not exceed twenty percent (20%) of the total number of residential units in the development.
      5.   Retail of the following types:
         a.   General retail sales, provided that individual retail use per unit is limited in size to a maximum of ten thousand (10,000) square feet, with no individual building having a footprint larger than fifteen thousand (15,000) square feet and no outdoor storage areas.
         b.   Live-work space with a maximum total floor area size of two thousand five hundred (2,500) square feet per live-work combined unit. The ground floor retail space and the dwelling unit above the space shall be internally connected. The product sold on the main floor may also be manufactured or assembled on site provided there is no outdoor storage of materials and only the finished product may be displayed in approved display areas in front of store during business hours and the use does not produce obnoxious odors, fumes, dust or noise detectable or audible from the exterior of the building.
   B.   Special design standards for Ogden River redevelopment MU zone between 18th and 20th Streets, and Wall Avenue to Washington Boulevard:
      1.   The height of any building on the south side of the Ogden River shall be limited to a height that will not cast a shadow at twelve o'clock (12:00) noon on December 21 into the closest edge of the water in the river. The edge of the water is determined by the height of the water during the average flow in the river during December.
      2.   There are two (2) main building categories permitted in the development: a small building category and a large building category.
         a.   In the small building category there are six (6) building types which may be used and are limited to:
            (1)   Cottages;
            (2)   Carriage homes;
            (3)   Townhomes;
            (4)   Apartment buildings of six (6) or less units with one parking stall per unit built into the building;
            (5)   Mixed use buildings with a maximum footprint of one thousand five hundred (1,500) square feet and a maximum of two (2) dwelling units above the nonresidential space; or
            (6)   Live-work.
         b.   The large building category is limited to three (3) building types:
            (1)   Apartment;
            (2)   Mixed use; or
            (3)   Retail.
         c.   There shall be a mixture of at least four (4) different building types on a development block. Buildings from the large building category shall not exceed fifty percent (50%) of the total number of buildings on a development block.
         d.   A "development block" is defined as the area bounded by public streets creating the exterior four (4) sides of a development area. When a development block is divided by the Ogden River, a minimum of thirty three percent (33%) of the buildings on each side of the river shall be from the small building category with the entire development block not having more than fifty percent (50%) of the buildings being from the large building category.
      3.   Within each building type are defined architectural styles that may be used in the development project. The architectural styles that shall be used for the small building types are: arts and crafts, victorian and transitional modern. The architectural styles that shall be used for the large building types also include loft/industrial. Live-work and small mixed use type buildings may use all four (4) architectural styles. The general design characteristics of these architectural styles and by which any building development will be evaluated for compliance to this requirement is found in the "Ogden River Project Design Guide" book. On any one "development block" as defined in subsection B2 of this section there shall be a minimum of three (3) architectural styles used.
      4.   No individual large building type shall be longer than one hundred fifty feet (150') along a public street frontage except for the frontages of Wall, Washington and 20th Street. The maximum individual large building type length on those streets is two hundred fifty feet (250'); except the frontage between Lincoln and Grant on 20th Street where the length of the building may equal the length of the block. The maximum individual building length of a large building type facing the Ogden River is one hundred twenty feet (120').
      5.   Screening walls are permitted only to screen service areas, dumpsters or to provide separation of transition between spaces. Screening wall design and materials shall match the architectural themes and materials of the buildings in the area they are located.
      6.   Fencing shall meet the following standards:
         a.   No fencing of individual spaces is permitted between the front of a building and a public street or between the fronts of buildings and common open space area.
         b.   No fencing is permitted between buildings and the Ogden River unless such fence is used to define a required outdoor dining area and the materials and design are compatible with the building with which it is associated.
         c.   Fencing used to define space between a cottage and an allowed detached garage is limited to wood or ornamental metal fences.
         d.   No chainlink or vinyl fencing is permitted.
      7.   Temporary and banner signs meeting the following standards and complying with section 18-3-11 of this code shall be permitted:
         a.   Temporary Signs: A-frame signs are the only type of temporary signage allowed and are limited to the Ogden River Parkway frontage or the Park Boulevard frontage. A-frame signs along the river frontage must be on private property and may not be located between the river and the south edge of the trail.
         b.   Banner Signs:
            (1)   Perpendicular building banner signs and light pole banner signs are the only type of banner signage allowed and are limited to use on commercial, mixed use and live-work buildings.
            (2)   Light pole banner signs are only allowed in parking lots.
      8.   The front of buildings located adjacent to 20th Street between Grant Avenue and Washington Boulevard may orient to common open space rather than 20th Street.
   C.   Uses allowed in the Capitol Square MU Zone between 24th Street and 25th Street, and Quincy Avenue and Monroe Avenue:
      1.   Dining and Recreation:
         a.   Restaurants and cafes, excluding cabarets.
         b.   Indoor cultural, entertainment and recreation uses and businesses.
      2.   Institutional
         a.   Church, synagogue or similar permanent building used for regular religious worship.
         b.   Educational institution.
         c.   Library or museum.
         d.   Studio for professional work, teaching, performance or exhibitions of fine arts.
      3.   Professional or business offices.
      4.   Residential of the following types:
         a.   Attached row homes/townhomes.
         b.   Dwelling units above non-residential space.
         c.   Home occupations.
         d.   Multiple-family dwellings.
         e.   Residential facilities for elderly persons.
         f.   Residential facility for persons with a disability.
         g.   Residential vacation rental.
      5.   Retail of the following types:
         a.   Bakery, candy, or specialty food manufacturer limited to goods produced on premises.
         b.   Indoor retail sales.
         c.   Live-work space.   
      6.   Services:
         a.   Banks or other financial institutions.
         b.   Daycare center.
         c.   Hairdresser, barber, manicurist, tanning salon.
   D.   Development standards in the Capitol Square MU Zone between 24th Street and 25th Street, and Quincy Avenue and Monroe Avenue: The following development standards shall be applied to the Capitol Square MU zone and shall be in addition to the standards described in section 15-39-4:
      1.   Site development standards
         a.   Lot Area: No minimum
         b.   Minimum Lot Width: None
         c.   Yard Setbacks:
            (1)   Front, side or rear facing street:
Building: No minimum. Maximum 20 feet unless the building is behind another building or fronts a common green
Parking: Minimum 15 feet.
            (2)   Side: No minimum.
            (3)   Rear: No minimum.
         d.   Building Height:
Minimum: Three (3) stories at corners and two (2) stories elsewhere, provided that one story is allowed for grocery store and retail buildings adjacent to grocery store.
Maximum six stories.
      2.   Parking: Notwithstanding section 15-39-4.A., the following parking standards apply to the Capitol Square MU zone:
         a.   Residential:   
Minimum: One stall per dwelling unit.
Maximum 1.75 stalls per dwelling unit.
         b.   Commercial, office, and institutional uses:
Minimum: one stall per 500 square feet floor area.
Maximum: one stall per 300 square feet floor area
      3.   Dwelling Unit Size: Dwelling units in each phase of development shall have an average size of no less than seven hundred fifty (750) square feet.
      4.   Commercial, institutional, and service use standards:
         a.   Individual tenant spaces, except a grocery store, are limited to a maximum ten thousand (10,000) square feet floor area.
         b.   Uses shall not have outdoor storage.
         c.   Temporary outdoor displays of goods are allowed provided they are stored inside the building after business hours.
         d.   Outdoor dining space shall be provided on the property adjacent to each commercial building with dining or food or beverage service.
      5.   Live-work space standards
         a.   The non-residential use is limited to a permitted use in the zone.
         b.   The live-work space shall not be greater than three thousand (3,000) square feet in floor area.
         c.   The non-residential area shall not be more than fifty percent (50%) of the area of each live-work space.
         d.   The space shall be two or more stories or shall be an upper floor unit in a mixed-use building.
         e.   The nonresidential area function shall be limited to the first or main floor only of the live-work space.
         f.   Not more than five nonresidential workers or employees are allowed to occupy the nonresidential area at any one time.
      6.   Architectural Design. New residential, commercial, institutional and office buildings shall meet the following standards. Building designs shall be reviewed in conjunction with the review of each phase of development. Properties on the local historic register are subject to landmark commission requirements and not these standards.
         a.   Allowed architectural styles are limited to Prairie School, Arts and Crafts, or Victorian eclectic styles found in the East Central Community. Facades, roof lines, windows styles, entries, and other features shall include traditional styles or modern acknowledgment of traditional designs.
         b.   Siding materials allowed on new two-story residential buildings are limited to:
            (1)   Exterior Wall Surface Materials:
               (A)   Face brick (maximum brick size 2-5/8 inches by 9-5/8 inches);
               (B)   Wood lap or tongue and groove wood siding that creates horizontal lines;
               (C)   Hardiplank or similar nonvinyl or nonmetal siding material that creates a horizontal wood lap appearance; and
               (D)   A combination of brick as the base level material around all four sides and stucco appearing material, wood or hardiplank type materials above the brick; provided the brick extends at a minimum to the beginning of the second story, and the transition between the two (2) types of exterior materials is defined by a projection of the upper floor beyond the main wall or a break in the wall surface due to a porch roofline.
            (2)   Exterior Wall Accent Surface Materials: There are portions of a wall surface that can be designed as either areas of decoration to a building or provide a continuity of design depending on the design concept of the building. Materials used on gable ends of a building, dormers, bay projections, chimneys, quoins, pillars and other ornamental features have a wider variety of design patterns and materials and are not limited to materials with horizontal lines. Materials allowable for these features are limited to:
               (A)   The same brick, wood, stucco, or hardiplank or similar nonvinyl or nonmetal siding material that creates a horizontal wood lap appearance used on the main walls of the building;
               (B)   Stucco, wood, or synthetic materials that have a wood or stucco appearance and create a variation of patterns that accent the architectural feature; and
               (C)   Brick, stone or synthetic stone in patterns different from the major wall material.
         c.   Materials for all other building types, including residential buildings over two stories, are limited to:
            (1)   The main siding material shall be brick with two (2) colors of brick included: one as a main color and one as accent, such as in columns, porches, or window outlines. Smooth or glazed textures are not allowed.
            (2)   A base of rusticated block, concrete, or brick may extend up to eight feet (8') in height in multi-story buildings and four feet (4') in height in single-story commercial buildings.
            (3)   Secondary materials used on upper floors may include fiber-cement board, stone, or material with the appearance of brick. Stucco may be used as an accent material covering no more than ten percent (10%) of the exterior of any floor.
            (4)   Wood may be used for rafters, porches, awnings, and eaves, as part of glazed storefronts, but not as a secondary siding material.
            (5)   Vinyl and aluminum siding shall not be used.
            (6)   Colors shall be muted earth tones of reds, ochres, browns, or beige. A maximum of two (2) colors or two (2) tones of one color are allowed.
         d.   Covering of existing exterior brick with any other type of material or paint is prohibited.
         e.   Windows.
            (1)   Decorative window treatments shall be included such as decorative lintels, inset brick or rusticated block arches, or articulated window heads set in masonry walls.
            (2)   Windows shall be divided into lights following the historical architectural style.
            (3)   For commercial buildings, the ground floor exterior wall surface facing a street shall include a minimum of twenty percent (20%) glazing.
            (4)   For all other exterior wall surfaces fronting a street, interior walkway, or common green, each floor level shall include a minimum of ten percent (10%) of glazing.
            (5)   Upper floor windows shall be primarily vertical in dimension, meaning that window height is greater than width. Wider windows shall be divided into separate lights with vertical dimensions.
         f.   Rooflines. Rooflines may be one of the following:
            (1)   Flat roofs typical of prairie school style. Flat roofs shall have varied parapet heights a minimum of every one hundred (100) feet. Flat roofs shall include decorative cornices on at least fifty percent (50%) of the roof line.
            (2)   Low-pitched gabled roofs characteristic of the prairie school and arts and crafts styles. Roof pitches shall be four in twelve (4:12) or less and have eaves extending two or more feet (2'+). They shall have exposed rafters or decorative brackets under the eaves.
            (3)   Steep-pitched characteristic of the Victorian or Arts and Crafts styles. Roof pitches shall be six in twelve (6:12) or greater. Eaves shall include decorative features typical of the style.
         g.   Entries. Each building shall have a main pedestrian entrance oriented to the abutting street, interior walkway, or common green. On longer buildings, there shall not be more than one hundred feet (100') of building length without a main pedestrian entry. Main entries may be one of the following according to the architectural style:
            (1)   A raised stoop or porch with cover typical of the architectural style;
            (2)   A recessed store front typical of the architectural style;
            (3)   A ground level entry with marquee awning; or
            (4)   A ground level covered recessed entry.
      7.   Fencing:
         a.   Fences in the front yard setback or a side yard facing a street on a corner lot are limited to wood, decorative metal, vinyl and plant material that may form a hedge. Brick or stone may be used as columns in the fence design. All fencing designs other than hedges shall be open in their design with a minimum spacing between the solid members of the fence being equal to or greater than the width of the solid members of the fence.
         b.   Chain link fencing is not permitted. Owners of property with existing chain link as of December 1, 2021, shall not expand the use of chain link fencing. If a chain link fence is replaced it may only be replaced with a fence made with material permitted by this section.
         c.   No fencing of individual spaces is permitted between the front of a building and a public street or between the fronts of buildings and common open space area.
         d.   Fencing used to define space between a townhome and an allowed detached garage is limited to wood or ornamental metal fences.
      8.   Signs: Animated sign and electronic message display signs are not permitted.
   E.   Uses and standards for the southeast corner of 25th Street and Porter Avenue MU Zone:
      1.   Uses allowed in the 25th Street and Porter Avenue MU Zone in a portion of the area between 25th Street and 26th Street, and from Porter Avenue to Jefferson Boulevard:
         a.   Dining: Restaurant, provided closed after ten o’clock (10:00) p.m.
         b.   Residential of the following types: Dwelling units in apartment, townhome or live work configuration with a minimum of four hundred (400) square feet and a maximum of one thousand eight hundred (1,800) square feet per unit.
         c.   Retail of the following types:
            (1)   Specialty retail provided that fifty percent (50%) of the products sold are locally produced and the floor area of the retail space does not exceed two thousand (2,000) square feet.
            (2)   Live work dwelling unit, provided in compliance with subsection (4).
            (3)   Design, manufacturing or assembly of art pieces provided no outdoor storage of materials or assembly occurs and complies with building code requirements.
            (4)   Art gallery.
         d.   Services:
            (1)   Indoor studio for the creation or teaching of the fine arts (e.g., dance studios, art studios).
            (2)   Professional or business office.
      2.   Special design standards for 25th Street and Porter Avenue MU Zone in a portion of the area between 25th Street and 26th Street, and from Porter Avenue to Jefferson Boulevard:
         a.   Build to lines:
            (1)   25th Street frontage: 5' minimum and 15 foot maximum
            (2)   Porter street frontage: 15'minimum and 25 foot maximum
         b.   Building height: Maximum 30 feet fronting Porter and 40 feet for all other buildings
         c.   Parking: Minimum 1.75 stalls per dwelling and maximum 2.2 stalls per dwelling
         d.   Open space: Minimum 8%, maximum 20%
         e.   Screening and fencing:
            (1)   A minimum 6 foot tall and maximum seven (7) foot tall screening wall of wood, vinyl or masonry are required along interior property lines when parking or access lanes are adjacent to neighboring properties.
            (2)   Outdoor garbage and recycling collection areas are required to be enclosed by a solid screening wall. The exterior wall treatment shall be of the same materials used in the exterior of the buildings of the development.
         f.   Exterior lighting shall be designed and placed in such a manner as to not cast direct light into adjacent properties.
         g.   Building materials and orientation:
            (1)   Commercial or mixed-use building shall have a minimum of fifty percent (50%) of the solid wall exterior surface in brick. Accent or relief areas may be covered with stucco, architectural metals, stone or hardiboard or similar non vinyl material. A minimum of fifty percent (50%) of the street level frontage of a mixed-use building shall be in glazing.
            (2)   Residential buildings street facing exterior surfaces are limited to brick and hardiboard. Stucco may be used as accent materials on the street facing frontages.
               (A)   Roof design for townhomes or live work buildings shall be either gable or hipped style roofs and either be architectural grade composite shingles or wood.
               (B)   Townhomes or live work buildings shall have identifiable bays or units created on the exterior of building façade at a minimum of fifteen (15) feet and a maximum of forty (40) feet in width.
               (3)   Roll up doors of either metal or glass are allowed for work space ground level designs facing the street or courtyard.
               (4)   Building orientation: Buildings shall have entry feature that faces the public street or interior courtyard if a courtyard is designed in the development designed.
(Ord. 2013-24, 5-28-2013; amd. Ord. 2013-33, 6-25-2013; Ord. 2013-34, 6-25-2013; Ord. 2013-43, 10-1-2013; Ord. 2020-34, 8-4-2020; Ord. 2021-59, 12-14-2021; Ord. 2022-8, 3-15-2022)