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A. The following terms, for purposes of this section, shall have the respective meanings as defined in this subsection:
ARMY: The United States Of America, acting by and through the department of the army.
PERMIT: Any permit, approval or authorization issued or granted by the city for an improvement to, or alteration of, real property within the city, including, but not limited to: a land use permit pursuant to subsection C of this section, a building, demolition, or other construction permit pursuant to title 16 of this code; an approval for the subdivision or development of land pursuant to title 14 of this code; or any approval pursuant to this title, which authorizes any type of grading, digging, excavation, improvements, or construction activity.
RESIDENTIAL PURPOSES: A use of property other than for commercial or industrial purposes and not for residential purposes. For purposes of this definition, "commercial or industrial purposes" includes, but is not limited to, office, manufacturing, warehousing, or retail uses; "residential purposes" includes, but is not limited to, housing, daycare facilities, schools (excluding on site employee training), or assisted living facilities. "Residential purposes" specifically includes a single-family dwelling unit for night watchman and family, provided accessory to an allowed business use on the site.
RESIDENTIAL USE RESTRICTION: A restrictive covenant contained in any deed conveying any portion of the military installation formerly known as the Defense Depot Ogden, Utah, to the city, its successors or assigns, and recorded in the records of the Weber County recorder's office, which restrictive covenant prohibits the city, its successors or assigns, from using the property for residential purposes.
RESTRICTED BUILDINGS: The following buildings in the DDR zone that provide a protective cap over contaminated soil the condition of which could not be remediated without demolition of such buildings:
1. Building no. 359 (15C), 425 North 1070 West.
2. Building no. 367 (16C), 426 North 1140 West.
RESTRICTED PROPERTY: Property located in Ogden City, Weber County, state of Utah, bounded generally by 400 North (Loffredo Street) to the south, 1070 West (Davis Avenue) to the east, 1140 West (Clark Avenue) to the west and 700 North (Craner Street) to the north, and more particularly described as follows:
Northern portion of Parcel 9, FOST 3 of Defense Depot Ogden City Corp
Beginning at a point located 3214.13 feet North and 251.36 feet East from the Weber County Survey witness corner monument located at the intersection of 1200 West Street and 200 North Street, said witness corner is also 689.28 feet Westerly from the Northeast Corner of Section 13, Township 6 North, Range 2 West, Salt Lake Base and Meridian and running thence N 86°21'05" E 760.00 feet; thence S 03°29'53" E 1598.48 feet; thence S 86°37'20" E 53.82 feet; thence S 86°28'41" W 651.61 feet; thence N 03°30'00" W 1650.62 feet to the Point of Beginning.
Containing 28.68 acres, more or less.
RESTRICTED WORK: 1. Any excavation or disturbance of the soil beneath the foundations of the restricted buildings.
2. Any disturbance of the foundations of, or any activity which would compromise the integrity of, the foundations of the restricted buildings, in a manner which would result in human contact with the underlying soils.
3. Any activity which results in the accessing, extracting, or use of groundwater, or the injection of any materials into any wells located on the restricted property.
B. Notwithstanding any other provision of this title, no portion of the restricted property may be used for residential purposes, whether as a permitted use, conditional use, or accessory use, if such use would be in violation of a residential use restriction.
C. No person shall perform restricted work on restricted property, unless and until a land use permit is granted by the city.
D. No permit shall be granted for restricted work on, over, under, or within restricted property or restricted buildings in the MRD or DDR zone, unless and until the applicant receives prior written approval of the United States, acting by and through the department of the army, the environmental protection agency region 8, and the Utah department of environmental quality, and submits a copy thereof to the city.
(Ord. 2015-4, 2-24-2015)
In the BEI and BEH zones, main and accessory structures shall be designed and constructed in a manner that is in harmony with the physical setting and consistent with the intended use of the building. Generally buildings should have a contemporary style but are encouraged to incorporate design concepts of former stockyard buildings such as clerestory windows and building shapes and materials.
A. Building Facades: Structures shall have equally attractive sides, rather than placing all emphasis on the front elevation of the structure. The same types of building materials shall be used on all four (4) sides, though the amount of material used on each side may vary. Structures shall be designed and arranged with variations in wall surfaces by using such things as varying textures, materials, and planes to avoid a blank wall appearance.
B. Colors: Building colors shall be predominantly earth tones. Shades of brown, tan, green, off white, darker oranges and rust colors are the examples of colors that will be considered appropriate. Use of brighter colors, including silvers and other metallic colors, is limited to accents or details on a building and shall not exceed more than ten percent (10%) of the wall surface of each wall.
C. Building Materials:
1. BEI Zone: Building walls shall be constructed with materials of durability and quality and limited to the following types of exterior surfaces:
a. Architecturally treated precast concrete.
b. Brick.
c. Baked colored architectural metals. In no case shall ribbed metal skin systems typical of preengineered metal buildings be permitted.
d. Integral colored split face or honed CMU. Smooth face CMU may be used on portions of the building not visible from public areas.
e. Tilt up wall systems or site cast concrete provided exterior surface has sandblasted finish and architectural joint detailing.
f. Stucco including EIFS is limited to architectural detailing surfaces and articulation and are a minimum of eight feet (8') above grade.
2. BEH Zone: Building walls shall be constructed with materials of durability and quality that are compatible to the building materials of the existing Stock Exchange Building which are the following exterior materials:
a. Brick veneer.
b. Concrete, masonry and cement-based building envelope materials that create texture, visual lines and color similar to brick.
3. Glass: Clear glass, low E or slightly tinted glazing is permissible. Reflective glass over an exterior reflectance rating of .4 is not permitted. Glass walls above the second story are permitted.
4. Roof: Roofs over a two to twelve (2:12) pitch shall utilize standing seam nonreflective metal roofs. Flat roofs shall use built up roofing or single ply roofing of light colors to reduce heat absorption. "Green" roofs of living plant material may also be considered as an appropriate roof treatment.
D. Building Architecture In BEH Zone: In the BEH Zone, buildings shall be designed to be compatible with the Stock Exchange Building. As a minimum:
1. The design requires facade modules of columns and punched areas for windows or architectural lines which suggest window patterns within a defined modular pattern of bays at a maximum of thirty six feet (36') width.
2. Windows shall:
a. Be required on the facade of the building facing the public street and used as the public entrance to the building;
b. Have divided lites;
c. Be required on all other facades when office or public spaces are the interior uses along the exterior walls.
3. Walls shall have a minimum solid wall to glass space of twenty four percent (24%) glazing of the wall surface on the front face as described in this section.
4. The exterior wall treatments within the modular design bays when the interior wall area is warehousing or manufacturing operations shall have architectural details which suggest the same required window treatments as the public face of the building. Architectural details include but are not limited to scoring patterns, use of different materials, indentations, or color changes.
5. The upper portion of the building shall have a defined cornice treatment which hides the roof.
E. Maximum Building Footprint [In BEH Zone]:
1. The maximum building footprint allowed in the BEH Zone is sixty thousand (60,000) square feet.
2. Where allowed within the BEI zone, a storage building (i.e., warehouse, distribution) in excess of fifty thousand (50,000) square feet shall:
a. Not have a footprint that exceeds eighty thousand (80,000) square feet;
b. Be designed to orient loading docks away from adjacent open spaces or trails; and
c. Be set back at least fifty feet (50') from property zoned as open space.
F. Screening Of Mechanical Equipment: All rooftop mechanical equipment shall be concealed from public view to the maximum extent by screening it with integral portions of the architecture. "Concealed from public view" is determined by what a person would see when standing on the public accessways. All conduit, vents and other appurtenances shall be painted to match the color of the surrounding building surfaces. Ground mounted mechanical equipment shall be screened from public view by means of walls that have the same design characteristics and materials as the main building on the lot.
G. Lighting: All freestanding or wall mounted exterior lighting shall be designed to shine down in a controlled manner to light only areas on the property where the light source is found. Shields to prevent uplighting will be required if the luminaire design has a complete glass fixture.
H. Fencing: No fence or fence structure is allowed between the building and the public pathway on the Weber River side of the building. Chainlink fencing is prohibited as a fencing material in the zones.
I. Signs: The provisions of sign type, size and height for the BEH and BEI Zones are as follows. All signs must be located on private property.
1. Temporary signage:
a. Project announcement sign: One sign per site not to exceed sixty four (64) square feet or be taller than twelve feet (12') from grade.
b. Construction directional signage: Four feet by four feet (4' x 4') sign with a maximum height of four feet (4'). Signs to be removed after construction of site.
c. Leasing/for sale sign: One per street front four feet by eight feet (4' x 8') sign with maximum height of seven feet (7').
2. Permanent sign:
a. Business sign: One freestanding sign and two (2) wall mounted signs. Wall mounted sign forty eight (48) square foot maximum per sign. Freestanding sign thirty six (36) square feet maximum with a maximum height of five feet six inches (5'6") only as a monument type design.
b. Building complex sign: One freestanding sign per lot when three (3) or more tenants are on a lot or in a building. Thirty six (36) square feet maximum with a maximum height of five feet six inches (5'6") only as a monument type sign.
c. Directional sign: Maximum twelve (12) square feet and maximum five foot (5') height.
d. Development directory sign: Four (4) locations in subdivision. Maximum two hundred (200) square feet per location. Maximum height nine feet (9'). Monument sign only.
J. Parking Reduction in BEH:
1. Notwithstanding Chapter 12 of this title, the planning commission may grant a parking reduction to the minimum number of parking spaces in the BEH zone by approving a parking management plan.
2. The management plan shall:
a. Provide alternate means of transportation such as:
(1) Providing transit passes for employees;
(2) Creating employee ride share programs;
(3) Providing employee shuttles;
(4) Providing secure bicycle storage areas; and
(5) Providing shower facilities for employees who bike or walk.
b. Provide for shared use of parking facilities, such as:
(1) Providing uses with peak use times that do not overlap,
(2) Creating agreements with nearby uses to share parking.
c. Provide procedures to:
(1) Evaluate and adjust the parking management plan,
(2) Resolve complaints and enforce the terms of the management plan.
d. Project parking demand with the management plan in place.
3. The planning commission may approve the parking management plan based on the following criteria:
a. The parking reduction is necessary to preserve and effectively reuse historic structures.
b. The plan does not present an undue burden on other uses in the area.
c. The parking management plan provides all reasonable efforts to provide parking alternatives for the proposed use.
(Ord. 2015-4, 2-24-2015; amd. Ord. 2018-40, 12-18-2018; Ord. 2019-11, 3-26-2019; Ord. 2021-46, 10-19-2021; Ord. 2022-44, 11-1-2022)
The following building and design requirements apply to new development in the FLEX, M-1, and M-2 zones:
A. All buildings over 400 square feet floor area shall have a base of concrete, concrete block, or brick that extends at least four feet up from the ground.
B. Any building façade visible from and within 100 of a street, excluding open canopies, shall have at least three of the following features:
1. eave overhangs of at least 18 inches;
2. pitched roof of at least two in twelve pitch;
3. brick, stone, or split-face block on at least 20% of the façade;
4. imbedded decorative shapes in brick or concrete;
5. windows on least 20% of the ground floor façade;
6. covered entry feature at least 15 feet wide and five feet deep;
7. no vehicle entrances into the building on the front façade;
8. only landscaping between the building and the street;
9. two or more materials or colors of the same material comprising at least 10% of the wall surface each;
10. art feature on or in front of the building of at least 32 square feet;
11. signs on the building are channel letters or designs without exposed raceways of at least 32 square feet sign area.
All buildings facades that are over 50 feet in length and visible from the street shall have a vertical break at least every 40 feet of building length. The vertical break shall have a minimum depth of 2 feet.
C. Any building façade visible from the street shall have muted earth tones on at least 90% of the facade.
D. Shipping containers: The following apply to placement of intermodal shipping containers:
1. shipping containers shall not be placed in any required parking space, landscape area, or required yard setback;
2. shipping containers shall only be placed within a fenced outdoor storage area meeting the requirements of Subsection 15-23-5.B;
3. shipping containers shall be placed on a surface of concrete, asphalt, or gravel.
E. Other than intermodal shipping containers meeting the standards under subsection D, no structure shall be used or occupied for other than its originally designed use. This specifically precludes use of vehicles, recreational vehicles, rail cars, camp tents, tarps, or similar structures for office, storage, processing, and the like.
F. Buffers for adjacent residential zones. A buffer shall be installed where a use in the FLEX, M-1 or M-2 zone is located adjacent to a residential zone. The buffer shall include all the following (See Figure 15-23-9.1):
1. a minimum six foot high solid concrete, concrete block, or masonry wall;
2. a minimum 20 foot wide landscaped area adjacent to residential zone consisting of the following:
a. a row of evergreen shrubs or trees spaced to create a contiguous hedge or canopy at least eight feet high upon maturity;
b. in areas not covered by evergreen shrubs or trees, five gallon shrubs or 24 inch minimum diameter landscape boulders spaced a maximum of five feet on center;
c. for the remaining area, shrubs, living ground cover, or mulch.
3. for any building within 40 feet of the residential zone, no building openings facing the residential zone larger than one pedestrian door 20 square feet maximum or non-opening windows.
Figure 15-23-9.1: Industrial-Residential Buffer Requirements
(Ord. 2023-57, 10-10-2023; amd. Ord. 2024-13, 4-23-2024)