A. Uses allowed in the Ogden River redevelopment MU zone between 18th and 20th Streets, and Wall Avenue to Washington Boulevard: The following uses are permitted in the Ogden River redevelopment MU zone, also known as the Ogden Bend 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 3,000 square feet.
b. Specialty food or drink businesses with a maximum of 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 10,000 square foot maximum and required to have dwelling units on floors above office area.
4. Residential of the following types:
a. Attached single-family rowhouses (townhouses) of a minimum of 1,300 square feet floor area per dwelling unit for at least 75% of the development. The other 25% of the single-family rowhouses (townhouses) in the development may have a minimum size of 940 square feet floor area per dwelling unit.
b. Apartment buildings with average dwelling unit size of 950 square feet floor area. 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 dwelling unit size but would not alter the building type as an apartment. An average dwelling unit size of 900 square feet floor area is allowed if the apartment building provides an on site fitness, meeting or social room, or a combination thereof, larger than the largest dwelling 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 1,100 square feet if 3 or more dwelling units. Where only 1 residential unit above nonresidential space, the dwelling unit shall have the same exterior dimensions as the building below. A single story of dwelling units above nonresidential space with 2 units shall have the same exterior dimensions as the building below and may have 1 dwelling unit a minimum of 400 square feet for the smallest dwelling unit with second unit occupying remainder of the building footprint. Two or more stories of residential above nonresidential space shall have an average dwelling unit size of 900 square feet.
d. Single-family detached dwelling units on lots up to 3,000 square feet with a density of at least 10 dwelling units per acre, provided that the total number of single-family detached dwelling units does not exceed 20% of the total number of dwelling units in the MU zone area.
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 10,000 square feet floor area, with no individual building having a floor area larger than 15,000 square feet and no outdoor storage areas.
b. Live-work space with a maximum total floor area size of 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: The following special design standards apply to the Ogden River redevelopment MU Zone, also known as the Ogden Bend 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 solar 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. The shadow length is calculated as twice the building height.
2. There are 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 6 building types which may be used and are limited to:
(1) Small cottages: Compact single-family dwellings of 1, 1½, or 2 stories, platted to allow ownership of individual dwellings, with parking grouped into a single parking lot;
(2) Medium cottages: Compact single-family dwellings of 1, 1½, or 2 stories, platted to allow ownership of individual dwellings, with an attached or semi-detached garage accessed by an alley or shared driveway;
(3) Townhouses: Single-family rowhouse dwellings;
(4) Small apartment buildings of 6 or fewer dwelling units with 1 parking stall per unit built into the building;
(5) Small mixed-use buildings with a maximum footprint of 1,500 square feet and a maximum of 2 dwelling units above the nonresidential space; or
(6) Live-work.
b. The large building category is limited to 3 building types:
(1) Apartment;
(2) Mixed use; or
(3) Retail.
c. Each project in an area shown as "mixed-residential" in the "Ogden Bend Redevelopment Master Plan and Design Guidelines" shall contain 2 or more building types, with no more than 50% of the buildings in that project in the large building category. At least 1 building type comprising at least 25% of the buildings or dwelling units shall be platted or condominiumized to allow ownership of individual dwelling units.
d. A "development block" is defined as the area bounded by public streets creating the exterior 4 sides of a development area.
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 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 Bend Redevelopment Master Plan and Design Guidelines." On any 1 "development block" as defined in Subsection B2 there shall be a minimum of 3 architectural styles used.
4. Maximum building frontages:
a. Fronting Wall Avenue, Washington Boulevard, and 20th Street: No building form shall appear to exceed 200 feet in length along the street. This shall be achieved through physical separation, transitions in materiality and window patterns, or horizontal façade setbacks.
b. Fronting other streets: 150 feet.
c. Fronting the Ogden River: 120 feet.
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 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.
9. 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.
10. Buildings shall be set back from the Ogden River floodway a minimum of 5 feet. The floodway shall be shown on the Flood Insurance Rate Map effective November 30, 2023.
11. Each development adjacent to the Ogden River shall provide a maintenance and public access path adjacent to the Ogden River. New paths shall be a minimum of 12 feet wide.
C. Uses allowed in the Capitol Square MU Zone between 24th Street and 25th Street, and Quincy Avenue and Monroe Boulevard:
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 Boulevard: 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 stories at corners and 2 stories elsewhere, provided that 1 story is allowed for grocery store and retail buildings adjacent to grocery store.
Maximum 6 stories.
2. Parking: Notwithstanding Subsection 15-39-4A., 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 750 square feet.
4. Commercial, institutional, and service use standards:
a. Individual tenant spaces, except a grocery store, are limited to a maximum 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 3,000 square feet in floor area.
c. The non-residential area shall not be more than 50% of the area of each live-work space.
d. The space shall be 2 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 5 nonresidential workers or employees are allowed to occupy the nonresidential area at any 1 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 2-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 4 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 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 2 stories, are limited to:
(1) The main siding material shall be brick with 2 colors of brick included: 1 as a main color and 1 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 8 feet in height in multi-story buildings and 4 feet 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 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 2 colors or 2 tones of 1 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 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 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 1 of the following:
(1) Flat roofs typical of prairie school style. Flat roofs shall have varied parapet heights a minimum of every 100 feet. Flat roofs shall include decorative cornices on at least 50% of the roof line.
(2) Low-pitched gabled roofs characteristic of the Prairie School and Arts and Crafts styles. Roof pitches shall be 4 in 12 or less and have eaves extending 2 or more feet. 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 6 in 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 100 feet of building length without a main pedestrian entry. Main entries may be 1 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 Avenue:
a. Dining: Restaurant, provided closed after 10:00 p.m.
b. Residential of the following types: Dwelling units in apartment, single-family rowhouse or live-work configuration with a minimum 400 square feet floor area and a maximum 1,800 square feet floor area per dwelling unit.
c. Retail of the following types:
(1) Specialty retail provided that 50% of the products sold are locally produced and the floor area of the retail space does not exceed 2,000 square feet.
(2) Live-work dwelling unit, provided in compliance with Section 15-13-43.
(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 Avenue:
a. Build to lines:
(1) 25th Street frontage: Five foot minimum and 15 foot maximum.
(2) Porter Avenue frontage: 15 foot minimum and 25 foot maximum.
b. Building height: Maximum 30 feet fronting Porter Avenue and 40 feet for all other buildings.
c. Parking: Minimum 1.75 stalls per dwelling unit 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 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 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 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 15 feet and a maximum of 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; Ord. 2024-12, 5-7-2024; 2024-25, 8-20-2024)