CHAPTER 41
NEIGHBORHOOD COMMERCIAL ZONES NC-1, NC-2
NEIGHBORHOOD COMMERCIAL ZONES NC-1, NC-2
SECTION:
15-41-1: Purpose And Intent
15-41-2: Definitions
15-41-3: Scope And Applications
15-41-4: Site Design Standards
15-41-5: Commercial And Office Building Design Standards
15-41-6: Residential Building Design Standards
15-41-7: Uses
15-41-8: Special Requirements
15-41-9: Review And Administration
The neighborhood commercial zones are intended to be applied to those areas of the city where traditional commercial development patterns have established generally small scale commercial uses in neighborhoods throughout Ogden City. The neighborhood commercial zones are to provide for the reuse of existing buildings and new construction of buildings that will be compatible with and complement the residential character of the areas where they are located. The purpose of the design standards is to provide physical upgrades in building appearance, site improvements, signage limitations and other features of development that not only improve the individual property but improve the neighborhood character and are consistent with traditional compact neighborhood development. Key to the requirements is compact development, mixed uses, being pedestrian oriented and reflecting the traditional built environment in which they are located.
A. Limited Scale Neighborhood Commercial (NC-1): The NC-1 zone is intended for those small single lot developments or small clusters of single lot developments that run linearly along the street or are located at intersections of streets but are less than two and one-half (2.5) acres in composite size.
B. Expanded Scale Neighborhood Commercial (NC-2): The NC-2 zone is intended for the northwest corner of 7th and Monroe and the 2400 block of Monroe. These locations have existing larger scale buildings, multiple property owners, and serve a larger area than just the immediate neighborhood. The relationship of the development of the block beyond individual property lines, mixed uses, and the other characteristics of the neighborhood commercial zone are important for this zone.
(Ord. 2009-17, 1-13-2009)
The following terms, as used in this chapter, shall have the respective meanings as defined in this section:
EAST CENTRAL COMMUNITY: The area located between 20th and 30th Streets, Adams to Harrison.
FACADE: The exterior wall of a building.
FLOOR AREA: The square footage of the ground floor of a building measured from exterior wall surface to exterior wall surface.
LIGHT SOURCE: The lamp or bulb that produces light.
LIVE-WORK SPACE ON GROUND FLOOR: A building that has a storefront for a commercial type use and the rear portion of the building is used as a residential dwelling unit.
PARAPET: A low wall used along the edge of a roof.
PUBLIC VIEW: The visual ability of any person at street level on or across a public street within a one hundred fifty foot (150') distance to see unobstructed any item on the property. Any ground mounted item set back more than thirty feet (30') from the required building line and not visible except when viewed at fifteen degrees (15°) or less from perpendicular is considered not in the public view.
REQUIRED BUILDING LINE (RBL): The maximum distance a building shall be built from the property line. The RBL is a requirement, not a permissive minimum as is a setback.
REUSE: The use of an existing building for any permitted use if the building has been vacant for a continuous time period of one year or longer or a change of use in a noncomplying structure.
SETBACK: The minimum distance that is required to be landscaped between a property line and the closest parallel edge of a building or parking area to that property line.
(Ord. 2009-17, 1-13-2009)
The provisions of this chapter shall apply to all new construction or reuse of existing buildings in the NC-1 or NC-2 zone. When not stated otherwise the provisions of the other land use regulations of Ogden City are still applicable to development under this chapter. If there are conflicts between the other land use regulations and the provisions of this chapter the provisions of this chapter shall apply.
(Ord. 2009-17, 1-13-2009)
New construction of a building on a portion of a lot or new construction on a cleared site, reuse of an existing building, including change to the parking area or expansion of an existing building and parking area are to be developed according to the following requirements:
A. RBL And Setbacks For New Construction In NC-1 And NC-2 Zones: The street facing facade shall have a minimum of sixty percent (60%) of the building built to the required build to line (RBL). Parking areas shall be set back from the property lines based on the following minimum setbacks. Interior side yard setbacks shall be the same width for both interior side yards.
Building | Parking | |
Facing a street | 0' RBL | 20' setback |
Interior side | 0' setback except when next to residential use then 10' | 10' setback unless has shared access then 0' |
Rear | 0' setback except when next to residential use then 10' | 5' setback |
B. RBL And Setbacks For Existing Buildings, Additions, Parking Lots And Vehicle Accessways:
1. Existing buildings that are being used or proposed for reuse are exempt from the setbacks and RBL requirements for new construction.
2. Additions to an existing building shall comply with setback requirements for new construction listed above. Expansions of the existing building to the street face of the building shall meet the RBL requirement distance as close as possible given the total size of the proposed addition. The longest axis of the building addition shall be directed toward the street property line. This provision is met when the expansion is toward the street in either direction on a corner lot development.
3. When either an expansion or reuse of the building occurs, an existing on site parking lot which does not meet the minimum parking setback requirements for new construction shall comply with the required setback and landscaping of unused access areas and parking lot landscaping requirements of this chapter. The planning commission may approve a lesser landscaped setback if it is determined the landscaping would eliminate required parking because it removes the parking or the backup area needed to make the parking function. In these situations the planning commission may require a maximum three foot (3') tall screen brick wall or a hedge to be installed in lieu of the full landscaped setback.
C. Maximum Building Height:
1. NC-1 zone: Twenty feet (20').
2. NC-2 zone: Thirty five feet (35').
D. Minimum Lot Area: There is no minimum lot area requirement. Appropriate lot size is based on the ability to meet all development requirements of this chapter to determine if the lot is of sufficient size for the proposed use.
E. Vehicle Access:
1. One vehicle access into or out of any single lot development shall be permitted per street frontage. A second access on a street frontage for a lot shall be allowed if there is a shared access with an adjoining NC zoned property or if the lot has sufficient frontage for a second accessway separated by at least two hundred fifty feet (250') from the first accessway.
2. The driveway width shall be a minimum of twenty four feet (24') wide for two-way access and a maximum of twenty eight feet (28') wide. A one-way driveway shall be a minimum of fourteen feet (14') wide and a maximum of eighteen feet (18') wide.
3. Adjacent lots in an NC zone shall have a shared access when possible. The developer must contact the adjacent property owner closest to the proposed driveway and supply a letter that the owner is willing or not willing to enter into a shared access easement. If the adjacent owner is not willing to share access their reason should be stated on the letter. If a shared accessway occurs it shall be secured by a shared reciprocal access easement recorded on both properties which share the access prior to issuing a building permit.
4. If parking lots do not share an access, the accessway shall be set back a minimum of ten feet (10') from any side or rear yard property line extended to the street and shall not be closer than fifty feet (50') to any street corner.
F. Parking Lot Locations:
1. Parking areas shall be located to the side or rear of the building.
2. For the purpose of this regulation the street facing facade is considered the front of the building and parking cannot be located between the front of the building and the street. Existing parking lots that are between the front of the building and the street are allowed to continue after reuse of the building or expansion of the building provided the landscape setbacks are installed according to subsection B3 of this section and the parking lot design standards of subsection G of this section are met.
G. Parking Lot Designs:
1. Parking areas shall have concrete edging installed to separate landscaping from parking areas. When landscaping is required it shall not be placed over asphalt or concrete. Whenever a landscaped island under this provision is required it shall be a minimum width of nine feet (9') and shall extend the length of the parking stalls it abuts. Landscaped islands shall be required for each of the following conditions:
a. The end of each row of stalls.
b. One island shall be placed to divide a longer row of stalls so there are no more than twenty (20) stalls between islands.
c. To define parking lot entrances.
2. When landscaped islands are required, a minimum of one deciduous tree shall be planted for each eighteen foot (18') length of island. This tree requirement is in addition to the number of trees required on the remainder of the lot. The surface of the islands shall be planted and maintained with low water demand plants. The plants shall be of such size and spacing that they shall cover the surface of the island within three (3) years. Plantings shall be maintained at a height not to exceed three feet (3') except for the trees which shall have a clear area up to six feet (6') above the parking lot surface.
3. A minimum five foot (5') wide walkway shall be installed which connects the parking lot to the main entrance of the building and also leads to the public sidewalk parallel to the street. This walk shall be of a different material from the parking lot surface so it is easily identified and separates pedestrian traffic routes from the vehicle movement patterns.
4. Sites formerly used as convenience stores or service stations where fueling pumps have been removed or are no longer in service shall landscape these areas which are no longer needed for required access or parking in order to become more compatible with the residential character of the surrounding area. Notwithstanding the provisions that specify when the required landscape setback is to be installed, the specific locations of 675 N. Monroe, 1390 E. 9th Street, 2605 Monroe and 2975-2985 Lincoln shall submit a landscape development plan to the planning commission by June 1, 2009, showing how the total paved area on the site will be reduced to comply with a modified parking requirement as provided in this paragraph, access areas and limited driveway approaches according to the requirements of this chapter. Based on the scale of the improvements, the planning commission shall establish a time frame from one to a maximum of three (3) years for the landscaping improvements to be completed and excess paving removed. The modified parking requirement to be met is based on the use of the property on January 13, 2009, and allows maximum parking of one stall per two hundred (200) square feet for a convenience store that is being reused, one stall per three hundred (300) square feet for a general retail use and one stall per one hundred (100) square feet for fast food use.
H. Lighting:
1. The maximum height for freestanding parking lot lighting shall be fifteen feet (15') in the NC-1 zone and twenty feet (20') in the NC-2 zone. Lighting standards shall be installed along the street frontage of the property on the private property side at a spacing of ninety feet (90') on center.
2. All parking lot and security light sources shall direct the light downwards through the means of shields or light fixture designs. The maximum light angle from the light source shall be sixty degrees (60°) from vertical.
3. Notwithstanding the maximum light angle, no direct lighting shall be permitted to occur on adjacent residential properties. Direct view of the light source and the light they produce from the rear or side yard of residential properties including light from signs is prohibited.
4. A minimum of fifty percent (50%) of the parking lot lighting shall be extinguished one hour after the close of business but no later than ten o'clock (10:00) P.M. Security lighting shall also meet the standards of this section.
I. Mechanical And Service Equipment:
1. All ground mounted equipment, including transformers and dumpsters, shall be located at the side or rear yard of the site and screened from the public view and adjacent property owners by use of a minimum six foot (6') tall masonry wall.
a. Walls must be compatible in design and materials to the buildings within the development in regards to textures, colors and materials.
b. Dumpsters should be confined to portions of the site least visible from public view.
2. Roof mounted mechanical equipment, including satellite dishes with a diameter of four feet (4') or larger and antennas, shall be fully screened from public view and adjacent property owners by means of a penthouse structure or behind parapet walls. Screening materials should be compatible with the materials, textures, and colors of the building. Screening designs should be architecturally integrated with the building top and maintain balance in the building design.
J. Fencing:
1. No fencing shall be allowed in the front parking setback area in either the NC-1 or NC-2 zone. A masonry wall no taller than three feet (3') in height may be allowed in the front setback area provided the wall has the same design characteristics of color, texture and materials as found on the main building on the site where the wall is constructed.
2. Screening fences or walls are required along the side or rear yard areas when an NC zone is next to a residential zone. The fence or freestanding wall shall be a minimum of six feet (6') and a maximum of seven feet (7') in height. The wall of the building may act as the required screening wall provided no service or delivery doors are on that wall face and there is no parking or access between the wall of the building and the property line.
3. Chainlink with vision slats or other covering material shall not be considered as appropriate screening fence material in the NC-1 and NC-2 zones.
K. Required Parking: The number of on site parking stalls for NC zones shall be limited to a maximum number of stalls allowed in order to promote and retain the neighborhood character of the NC zones. On site parking shall comply with the parking design standards of chapters 4 and 12 of this title with the exception of design standards listed in this chapter and the number of required parking stalls as required in this section. The amount of parking allowed is based on the total building square footage of all buildings on the site (not including residential uses). Building expansion or new construction shall create the requirement for the site to come into compliance with the required maximum parking on the property.
Maximum Number Of Parking Stalls Permitted
| |||
Commercial floor area: | |||
3,000 or less square feet | No on site parking required except if parking already exists then 1 stall per 400 square feet of building maximum number of stalls | ||
3,001 to 5,000 square feet | 1 stall per 400 square feet maximum number of stalls | ||
5,001 to 10,000 square feet | Limited to 12 stalls plus 1 stall per 450 square feet of building over 5,000 square feet | ||
10,001 and greater | Limited to 23 stalls plus 1 stall per 500 square feet of building over 10,000 square feet. The planning commission may approve additional parking up to a ratio of not less than 1 stall per 350 square feet of building provided that enhanced neighborhood amenities along the perimeter of the project are installed as part of the development such as sheltered mass transit stops, theme streetscape lighting, or public plaza. The number of additional parking stalls allowed will be based on the equivalent value of additional parking stalls to the value of the amenity proposed to be provided | ||
Residential | 1 stall per dwelling unit minimum with a maximum of 2 stalls per unit | ||
(Ord. 2009-17, 1-13-2009; amd. Ord. 2009-60, 9-8-2009)
Architectural compatibility with the surrounding neighborhood is important in the NC zones. The design standards recognize that commercial buildings do have different functions than nearby residential structures. The NC zones are located in different areas of the city which have different architectural time periods. These time periods are recognized with additional specific detail being required for those buildings located in the east central community. Basic design requirements however are key to all NC zone locations. The following standards apply to new construction or expansion and require compliance throughout an entire building that is expanded.
A. Base, Body And Cap: Buildings should have a clearly defined base, body, and cap in the design.
1. The base occupies the lowest portion of the building and shall be between five (5) and twenty percent (20%) of the height of the street facade of the building. The base shall be made of concrete, smooth stone, or brick. For a storefront, the base may also include glass, wood, or wood appearing material that would be used to make a traditional kickplate.
2. The body is the middle portion of a building and shall be between sixty (60) and eighty percent (80%) of the building height. The solid exterior wall finish will be limited to materials that are durable and have the visual qualities equal to or better than brick, stone, stucco, wood clapboard or HardiPlank. Vinyl or aluminum siding, split faced or concrete block, or similar materials are not allowed. The body material for buildings in the east central community is limited to an exterior veneer of brick. In the east central community the planning commission may consider the use of stone or stucco systems as accents and architectural relief materials based on the building design and the contribution of these materials to the architectural theme of the building and its relationship to the neighborhood architecture.
3. The cap is the top portion of the facade and contains the remaining portion of the building height. Caps should include features such as cornices, parapets or eaves and should be distinguishable from the body of the building by changes in color, profile, material, texture or pattern. If eaves are used in the east central community they should either reflect the wide projecting eaves found in the prairie style architecture, or brackets and rafters of the bungalow style.
B. Transparency:
1. A minimum of fifty percent (50%) and a maximum of eighty percent (80%) of the street facing building facade, measured between two feet (2') and eight feet (8') of the building height, shall be of clear windows that allow views into the indoor space or product display inside the building.
2. Single use buildings on corner lots shall only be required to have the entrance side of the building meet the above transparency standard. The side of the building facing the other street shall have between ten percent (10%) and twenty percent (20%) of the facade in clear windows measured between two feet (2') and eight feet (8') of the building height.
3. Eighty percent (80%) of the area of ground level windows shall remain clear of posters, banners, or other materials or objects which block views through the window.
4. Buildings taller than one story shall have between twenty five (25) and forty percent (40%) of each additional story above the entrance in clear glass measured between two (2) and six feet (6') from the floor height of the additional stories.
5. This section does not prohibit the installation and use of shades, blinds, or other window shading devices not acting as signs. All window shading devices must be able to be drawn open or closed so as not to create a permanent barrier to visibility through the window.
C. Front Entrances And Front Facades:
1. The primary entrance to a building shall be located facing the public street. Entrances at a building corner that faces the street may be used to meet this requirement.
2. Multi-tenant buildings shall be oriented with the long axis of the building parallel to the street and individual storefronts shall be designed to face the street. The planning commission may consider multi-tenant buildings with the long axis of the building perpendicular to the street provided that the building is no larger than thirty percent (30%) of the size of the main building on the site, the end use has a storefront facing the street, and it is determined the change in building orientation provides better pedestrian and vehicle access to all properties on the site, is needed for visibility to interior buildings on the site, the tallest elements of the building are on the street facing portion of the building, and the change does not include a building design where the back face is visible from the public street.
3. Each storefront shall have an individual primary entrance and front facade design. Building design elements which create a front facade include the combination of a main entry door, storefront or larger window openings than on the other sides of the building, and cornice or parapet detailing more detailed than the other sides.
D. Roof And Parapet Lines:
1. The roof style of a building may be flat, gabled, or hipped. When a flat roof is used, parapets along the street facade sides shall be used to hide the roof design.
2. The line of a parapet shall have visual relief that adds variety and rhythm to the design by having changes in height thus avoiding monotonous straight lines. In the east central community front faced parapets shall be stepped and if a pediment is desired it shall be angular.
3. Rooflines and parapet lines shall be designed to create the appearance of individual commercial units in multiple use buildings. These lines should relate to facade proportions including the height to width and wall to windows ratio to create the appearance of individual units.
4. Roofing materials for pitched roofs is limited to asphalt architectural shingles and must be muted earth tone colors.
5. When a pitched roof is used in the east central community the use of gable dormers or shed dormers on the roof is strongly encouraged, to add visual interest and character. These features are required on pitched roofs of buildings over three thousand (3,000) square feet as a means to minimize the massiveness of the roof. When provided, dormers shall be in scale with the roof on which they are located.
E. Building Colors: The building colors shall be muted earth tone colors to blend with the color schemes found in the surrounding neighborhood. Bold, bright colors such as yellows, greens, reds and blues are not permitted as they distract from being compatible with the overall neighborhood character.
F. Reuse and Existing Use Compliance Requirements: All existing buildings in the NC-1 and NC-2 zones shall comply with the following standards of this subsection within the time indicated:
1. Except as modified by Subsection B.5, existing window openings shall be clear windows that allow views into the indoor space or product display inside the building. Eighty percent of the ground level window areas shall remain clear of posters, banners, and other materials or objects which block views through the window. This provision shall be complied with at the time reuse occurs or within six months of the date a property is zoned NC-1 or NC-2, whichever comes first.
2. The building colors shall be muted earth tone colors to blend with the color schemes found in the surrounding neighborhood. Bold, bright colors such as yellows, greens, reds and blues are not permitted as they distract from being compatible with the overall neighborhood character. This provision shall be complied with at the time reuse occurs or within one year of the date a property is zoned NC-1 or NC-2, whichever comes first.
3. Existing brick buildings located between 20th Street and 30th Street and Adams Avenue to Harrison Boulevard are:
a. prohibited from painting or covering exterior brick except as provided in Subsection b.
b. painting or sealing of unpainted brick may be approved by the planning commission if an evaluation is submitted to the planning commission that has been reviewed by the director providing information that:
(1) painting or sealing of the brick is required to provide a protective surface that will limit the continued erosion of the brick;
(2) the paint or sealant used will preserve the brick; and
(3) the color of the paint or sealant will match the existing brick color.
(Ord. 2009-17, 1-13-2009; amd. Ord. 2024-8, 4-9-2024)
The standards for this section apply to single-family row houses and multi-family buildings.
A. Building Orientation:
1. The front of a multiple-family dwelling building shall face the street. In facing the street one key design feature is a ground level main front entrance into the building being on the street face of the building. This entrance shall have ornamentation such as an awning over the doorway, pillars on both sides of the entrance, a recessed entrance and other similar features. Other entry doors are allowed on other sides of the building.
2. A single-family row house shall have the front entrance into each unit facing the street. No garage doors are allowed in the front facade.
B. Unit Size:
1. A single-family row house development shall have an average unit size of one thousand two hundred (1,200) square feet of living space excluding the garage area.
2. The dwelling unit size in a multiple-family building shall be an average of one thousand (1,000) square feet.
C. Architectural Style: The east central community has a traditional architectural style of prairie style and block style in apartment design and bay style row houses. The building design should match the featured elements of these styles in order to be compatible with the neighborhood.
D. Building Material: The exterior wall finish materials for both single-family row houses and a multiple-family dwelling building is limited to brick as the main material. Accent materials around windows, gable ends or indented wall planes can be stucco, Hardiboard, or similar appearing material excluding vinyl or metal siding.
E. Building Colors: The building colors shall be muted earth tone colors to blend with the color schemes found in the surrounding neighborhood. Bold, bright colors such as yellows, greens, reds and blues are not permitted as they distract from being compatible with the overall neighborhood character.
F. Open Space: Open space requirement for a multiple-family building is three hundred (300) square feet of open space per unit in the building. This open space is to be a contiguous area with a minimum width of thirty feet (30'). This area is required to be landscaped according to all applicable regulations of the land use codes of Ogden City.
(Ord. 2009-17, 1-13-2009)
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