The purpose and intent of the Form-Based Zone is to provide a form-based regulatory tool that focuses on the public street design and the buildings that frame the public street. This deemphasizes separation of land uses as is typically found elsewhere in this Land Use Code. Form-based regulations help enable a mixture of allowed uses, multimodal active transportation, and enhanced building design. Additionally:

1. Implements the general plan. The Form-Based Zone regulations are intended to carry out the objectives of the 2016 Ogden Valley General Plan through the implementation of form-based small area zoning and transferable development rights.
2. Creates street regulating plans. Each area affected by the Form-Based Zone shall be governed by a Street Regulating Plan. The purpose of the Street Regulating Plan is to address specific design and functionality of streets and building facades along these streets. The intent is to stimulate the creation of buildings and streets that frame the public rights-of-way with architectural and design elements that are unified under a common design theme whilst enabling unique building facades.

Editors note: Ord 2022-20 misnumbered the list in this section.

1. New development to comply. The principles, standards and guidelines of this chapter apply to proposals for new development, changes in land uses, and site improvements to existing buildings, Lots, or Parcels that are in the Form-Based Zone. Exterior modifications to existing development shall comply if the exterior modification exceeds either 25 percent of the street-facing facade of the building, or 25 percent of the lot's street frontage.
2. Other regulations apply. In the Form-Based Zone, except when more specific regulations are provided in this chapter, the design review regulations and architectural, landscape, screening, and design standards of Title 108 Chapter 1 and Title 108 Chapter 2 apply to all Lots, except a Lot with only one single-family dwelling.
3. Street regulating plan. The applicable regulations herein are specific to the street type, as designated by the applicable street regulating plan. New development within the Form-Based Zone shall comply with the applicable street regulating plan. Development of any property along a street or that gains primary access from that street shall comply with the street design requirements, as provided in Section 104-22-7, and the building design standards in Section 104-22-6, for the specific type of street. A list and explanation of each street type is provided in Subsection (e) of this section.
4. Effect of street regulating plan and graphics. Details in a street regulating plan or any graphic in this chapter have no effect unless expressly provided by this chapter.
5. Street type, description, and purpose.
   1. Government/institutional street.

      A Government and Institutional street or Alley has street-front buildings that are intended to provide the same as a Vehicle-Oriented Commercial Street, and provide preferential areas for the siting of government or public-service oriented buildings that front the street. Public-service oriented buildings may include any governmental, nonprofit, or for-profit school as long as the school provides the same K-12 educational courses required by the State of Utah, or a school that is an accredited institution of higher education. Hospitals or other medical services buildings, including medical, dental, or mental-health offices, laboratories, or similar public-health related offices, a public transportation facility or a multimodal transportation hub are also intended to be street-adjacent. Except for a public transportation facility, pickup and drop off areas shall be located to the rear of the building.

   2. Vehicle-oriented commercial street.

      A vehicle-oriented commercial street or Alley has street-front buildings that are intended to serve the traveling public, such as a large grocery store, drive-through or drive-up window service of varying kinds, and gas station. Street-front buildings that are not vehicle oriented are also allowed as described for a Mixed-Use Commercial Street. Multi-family residential uses are allowed only if located above first-floor street-level commercial space.

   3. Mixed-use commercial street.

      A mixed-use commercial street has street-front buildings that are oriented toward pedestrian traffic. At the street-level, these buildings shall be exclusively used or reserved for commercial operations. Commercial and Multi-family residential uses are allowed above or behind first-floor street-level commercial space.

   4. Multi-family residential street.

      A multi-family residential street has street-front buildings that are used for multi- family dwellings, and are set back from the street enough to provide a stoop or door yard between the facade and the street's sidewalk. Where possible, given terrain, first-floor building space intended for residential uses shall be offset by half a story from the plane of the street's sidewalk. First-floor street-level commercial area is permitted, but not required. Commercial uses are not permitted above the first-floor street-level unless the first-floor street level is also occupied by a commercial space.

   5. Small-lot residential street.

      A small-lot residential street has street-front buildings that may be set back more than multi-family residential street facades, but are less likely to have a noticeable front yard area.

   6. Medium-lot residential street.

      A medium-lot residential street has street-front single-family buildings that may be set back more than small-lot residential street facades to provide a small front yard area.

   7. Medium-large-lot residential street.
      

      A medium-large-lot residential street has street-front single-family buildings similar to medium-lot residential street facades, but on lots with greater area.

   8. Large-lot residential street.

      A large-lot residential street has street-front single-family buildings that may be set back enough to create a sizeable front yard on a lot that is large.

   9. Rural residential street.

      A rural residential street has street-front single-family buildings that may be set back enough to create a sizeable front yard on a lot that is at least an acre large.

   10. Estate lot residential street.

       An estate lot residential street has street-front single-family buildings that may be set back enough to create a sizeable front yard on a lot that contains multiple acres..

   11. General open space street.

       A general open space street has very limited buildings adjacent to the street, and only those that are incidental and accessory to the open space.

The following lot development standards apply to a Lot or Parcel in the Form-Based Zone, unless specified otherwise in this Land Use Code. A Lot fronting or gaining access from one of these street types shall be developed in accordance with the corresponding development standard.

1. Parking required. Each application for development shall include a parking plan that demonstrates that sufficient parking will be provided by the on-street parking immediately fronting the lot or an off-street parking lot or garage within 1000 feet of the building. On-street parking not adjacent to the Lot's street-frontage shall not be counted.
   1. Internal Street-Block shared public parking. Each business or use that will have patrons, customers, clients, or similar, shall provide an off-street public parking lot or garage.
      1. Use of this parking lot or garage shall be shared by all landowners and business owners within the Street-Block. In extremely inequitable circumstances, the Land Use Authority may allow a land or business owner to specifically exclude parking for patrons, customers, clients, or similar of other land or business owners if those other land or business owners within the Street-Block have not provided their own proportionate contribution toward shared public parking within the Street-Block.
      2. Each public parking area located within the Street-Block shall be designed to extend to the parcel boundary and shall provide a cross access easement along all sides of the parking area abutting the adjoining Lot(s) or Parcel(s) in a manner that allows the adjoining Lot or Parcel owner to extend that public parking area seamlessly into their parcel. Cross access and cross access easements are required pursuant to Subsection (h) of this section.
   2. Alternative to shared internal Street-Block public parking. If multiple land or business owners within a Street-Block create an alternative shared public parking plan that provides for equal or better off-street public parking for the same Street-Block than otherwise required by Subsection (a)(1) of this section, then the provisions of Subsection (a)(1) that run contrary may be waived. However, in no case shall parts of Subsection (a)(1) be waived in a manner that prevents or restricts an existing or future land or business owner’s opportunity and obligation to contribute to and enjoy the benefits of the shared public parking within the Street-Block at full buildout.
   3. Internal Street-Block private parking. Nothing in this subsection (a) shall be construed to prohibit a landowner from creating a private parking lot or garage as long as the shared public parking requirements, obligations, and opportunities specified herein are satisfied.
2. Employee and residential parking. On-street parking shall not be included toward minimum parking needed for employees or for any residential use. Employee parking and the minimum required residential parking shall be located off-street within the same Street-Block as the use.
3. Parking lot surface. All parking lots shall be hard-surface asphalt or concrete, or other improved surface otherwise approved by the County Engineer and local fire authority.
4. Parking flexibility. Except for residential uses, the Land Use Authority may reduce the minimum parking spaces required if sufficient evidence suggests that the required number of spaces is excessive for the building and proposed use or uses therein.
5. Parking related to a change of use. If a change of use occurs, more parking may be required if the new use merits it, as determined by the Land Use Authority. The applicant proposing to change the use shall be required to provide the additional off-street parking within 1000 feet of the use.
6. Parking lot trees. A surface parking lot shall have one tree for each four parking spaces, and a five-foot wide landscape planting area that runs the depth of the parking row shall be located at each end of a parking row.
7. Parking structure design standards. When located adjacent to a vehicle-oriented commercial, mixed use commercial, or multi-family residential street, a parking structure shall have first-floor street-level commercial space along the street’s frontage. However, for a corner Lot, this requirement applies to the façade that is adjacent to the more prominent street, as determined by the land use authority; the other façade shall have the same for no less than fifty percent of that façade’s street frontage. The other fifty percent, and the area of the parking structure above the street level commercial space, shall have a street-facing facade that disguises the parking structure to generally look like other buildings in the area.
8. Cross-access and cross-access easement. For all Lots or Parcels along a Governmental and Institutional street, Vehicle Oriented Commercial street, Mixed Use Commercial street, Multi-Family Residential street, , providing access to adjacent existing or future development without the need to access the public right-of-way is required. This access shall be provided by a mid-Block Alley , or other Alley or shared driveway as may be deemed necessary by the Land Use Authority. If not in conflict with mid-Block Alley requirements herein, when no new Alley access is deemed necessary because an Alley access or street access is already provided to the Lot or Parcel through another Lot or Parcel, then a cross-access easement shall be provided along adjoining lot lines, as follows:
   1. Inclusion of other landowners. A cross access easement shall provide an easement to all landowners in the Street-Block that develop along a Governmental and Institutional street, Vehicle Oriented Commercial street, Mixed Use Commercial street, Multi-Family Residential street that is framing the Street-Block. The easement shall allow ingress and egress to these other Lots or Parcels, including ingress and egress infrastructure.
   2. Multiple points of access. At a minimum, each developed Lot or Parcel shall have two points of ingress and egress, at least one of which shall be stubbed to adjacent property where practicable. Except that a private parking area is allowed to only provide a single access as long as it does not block the accessibility to other areas within the Street-Block that are or could be used for public parking.
   3. Coordination with adjoining landowners. When locating a cross-access easement or designing the cross-access infrastructure, good faith efforts shall be made to coordinate the location and design with the adjoining land owner.
   4. Location to optimize circulation. The Planning Director may require the cross-access to be located in a manner that optimizes traffic circulation within the Street-Block.
   5. Installation timing. Construction of the cross-access infrastructure shall be completed prior to the issuance of a certificate of occupancy for any structure on the Lot or Parcel, or a completion bond may substitute for completion if allowed by the County Engineer.
   6. Reciprocal easement when others exist. When a Lot or Parcel is being developed that abuts an existing cross-access easement or existing cross-access infrastructure, a reciprocal cross-access easement shall be provided on the same lot line or parcel line in the same location and of equal width. The reciprocal cross-access infrastructure shall be constructed to the same standard as, or better than, the existing cross-access infrastructure on the adjacent parcel. A cross-access easement shall be recorded on the title of all affected properties, along with a perpetual operation and maintenance agreement between the property owners that specifies, at a minimum, that the infrastructure will be operated and maintained by the property owners in a manner that is safe and usable for two-way vehicle traffic.
   7. Operations and maintenance. If property owners fail to operate or maintain cross-access infrastructure that was required by the County under this section, the County may pursue enforcement measures as provided in this Land Use Code.

In addition to the signage regulations in this Land Use Code, no signage shall be affixed to a building higher than the top of the second story.

1. Transferable development rights, generally. To increase or decrease Residential Development Rights on a Lot or Parcel in the FB Zone, the following apply:
   1. Transferred density.
      1. Rights to be transferred, location. Additional Residential Development Rights are permitted to be transferred to any Lot or Parcel in the Form-Based zone, also known as the receiving property, that has street frontage on, or gains primary access from, any street type in the street regulating plan except an Estate Lot Residential street, a General Open Space street, and, in the Western Weber Planning Area, a Rural Residential street. In addition, no additional Residential Development Rights shall be transferred to a Lot or Parcel designated as open space on the street regulating plan.
      2. No right exists until transfer is complete. No additional Residential Development Right exists on the a receiving property until after the landowner has successfully completed the transfer of an equal number of Residential Development Rights from another Lot or Parcel that has the available number of Residential Development Rights being pursued.
      3. Rights available for transfer. A Residential Development Right is deemed available for transfer from a sending Lot or Parcel if the sending Lot or Parcel's Base Density calculation, together with adjustments for any previous Residential Development Right reduction or addition, demonstrates that the Residential Development Right could be developed on the lot or parcel in a manner that complies with the provisions of this Land Use Code. A Residential Development Right reduction or addition is any of the following:
         1. Use of the Residential Development Right for construction of a residential unit onsite.
         2. Transfer of a Residential Development Right to another Lot or Parcel.
         3. Receipt of a Residential Development Right from another Lot or Parcel.
         4. Restriction of the construction, development, or subdivision of or on the Lot or Parcel for residential purposes as provided in County laws not otherwise in this Land Use Code; State or Federal laws, regulations, or restrictions; private contracts, covenants, or restrictions; conservation or preservation easements or agreements; or any other lawful development restriction or prohibition that clearly and specifically makes the Residential Development Right unbuildable on the Lot or Parcel. This shall include any lawful development restriction or prohibition applied to the property on or before January 1, 2022, regardless of whether that restriction exists at present.
      4. Completing a transfer. The reallocation shall be completed by recording a Notice of Transfer Document to each affected Lot or Parcel.
         1. Each Notice of Transfer Document shall run with the land.
         2. Each Notice of Transfer Document shall document the applicable Lot or Parcel's estimated initial density; the number of Dwelling Units already developed on the Lot or Parcel; the number of Residential Development Rights subtracted from, or added to, the initial density by any other means; and the number of Residential Development Rights remaining for the Lot or Parcel.
   2. County review of transfer. A landowner may submit a request for approval of a transfer of Residential Development Rights at any time. Planning Division Staff shall review each request for compliance with applicable regulations. If the transfer is merited by this ordinance, Planning Staff shall prepare a Notice of Transfer Document for each affect Lot or Parcel in a form as approved by the County Attorney’s Office.
      1. A transfer is not complete until a notice of transfer has been signed by each affected landowner of record for each affected Lot or Parcel, the reviewing staff, and the Planning Division Director, and then recorded to each affected Lot or Parcel in the Office of the County Recorder.
      2. Approval of a Subdivision’s preliminary plat or a Design Review that is based on the receipt of transferred Residential Development Rights is conditioned, by reference herein, on the applicable transfers being completed. Approval is void if the transfer is not completed.
      3. No final plat application shall be approved or recorded and no building permit shall be submitted or approved until after the transfer(s) are complete.
   3. Banking of Residential Development Rights. A Lot or Parcel within the Form-Based Zone may be used to bank Residential Development Rights. These rights may be held on the Lot or Parcel until they are either constructed on the Lot or Parcel, or transferred to another eligible Lot or Parcel within the Form-Based Zone. There is no limit to the number of Residential Development Rights that can be transferred to a Lot or Parcel in the Form-Based Zone. However, the number of Residential Development Rights actually constructed on the parcel shall be limited by what can actually be constructed in compliance with the requirements and standards of this chapter, as well as any other applicable provision of this Land Use Code.
2. Ogden Valley Planning Area Form-Based Zone transfers.
   1. Initial density. A Lot or Parcel rezoned to the Form-Based Zone from a zone that allow(s)(ed) dwelling units shall have an initial density that is equal to the Lot or Parcel’s Base Density, as defined in Title 101, Chapter 2, that was allowed in the prior zone.
   2. Transfer allowances and limitations. Residential Development Rights may be transferred to a Lot or Parcel in a FB Zone from any Lot or Parcel in the following zones within the Ogden Valley Planning Area: RE-15, RE-20, AV-3, F-5, FV-3, S-1, FR-1, FR-3, RMH-1-6, CVR-1, and FB.
   3. Transfer ratio. The transfer ratio shall be one to one. This means for every one Residential Development Right transferred from a sending Lot or Parcel in the Ogden Valley Planning Area, one is allowed to be constructed on a receiving Lot or Parcel within the FB Zone in the Ogden Valley Planning Area.
3. Western Weber Planning Area Form-Based Zone transfers.
   1. Initial density. A Lot or Parcel rezoned to the Form-Based Zone from a zone that allow(s)(ed) dwelling units shall have an initial density that is equal to the Lot or Parcel’s gross area divided by 15,000 square feet.
   2. Transfer allowances and limitations. A Residential Development Right may be transferred to a Lot or Parcel in a FB Zone from any Lot or Parcel in the following zones within the West-Central Weber area: A-1, A-2, and A-3. Unless negotiated otherwise in a development agreement, a transfer from any Lot or Parcel is prohibited if the Lot or Parcel received a rezone after January 1, 2023 that increased the Base Density.
   3. Transfer ratio. The transfer ratio shall be one to three. This means for every one Residential Development Right transferred from a sending Lot or Parcel in the Western Weber Planning area, three are allowed to be constructed on a receiving Lot or Parcel within the FB Zone.

Participation in creating workforce housing is required as follows, except when developing along a Large Lot Residential, Rural Residential, or Estate Lot Residential Street.

1. No transfer required. Workforce housing dwelling units will not be deducted from the Lot or Parcel’s Development Rights and are not required to be established through transferable development rights as long as the number does not equal more than 15 percent of the development’s total number of market-rate dwelling units.
2. Lot development standard reduced.
   1. Unless the applicable lot development standards are more permissive, a structure that is exclusively devoted to, and deed restricted for, workforce housing may have a front yard setback of 20 feet, and a side and rear yard setback of five feet, and has no minimum area requirement.
   2. In the event the provision for the required workforce housing results in the inability to realize the number of dwelling units that would otherwise be allowed if workforce housing was not required, then the applicable minimum lot development standards in the development may be reduced to no less than half of the applicable minimum lot development standard.
3. Workforce housing requirements. Unless otherwise negotiated by development agreement, one or more of the following workforce housing requirements shall be provided by the developer.
   1. Building and reservation of dwelling units. Dwelling units, in an amount that is equal to or greater than five percent of the non-workforce housing units being developed, shall be constructed and deed restricted for workforce housing;
   2. Fee in lieu. In lieu of building affordable housing units, a fee equaling up to two percent of the dwelling unit’s market value, shall be paid for each dwelling unit constructed. This shall be implemented by a covenant recorded on title of each dwelling unit, and shall be paid at the time a building permit is issued, or prior to the transfer of the property’s title after the dwelling unit has been completed;
   3. Buildable lot in lieu. In lieu of building affordable housing units, a lawfully subdivided lot or lots in a size and configuration that is capable of supporting dwelling units in an amount that is equal to or greater than 10 percent of the non-workforce housing units being developed, shall be donated, with stubbed utilities, to the Weber Housing Authority for the purpose of meeting this requirement; or
   4. Floor area in lieu. Along a Governmental and Institutional street, Vehicle Oriented Commercial street, Mixed Use Commercial street, Multi-Family Residential street, and Small Lot Residential street, floor area, in a size and configuration that is capable of supporting dwelling units in an amount that is equal to or greater than five percent of the non-workforce housing units being developed, shall be donated, with stubbed utilities, to the Weber Housing Authority for the purpose of meeting this requirement.
4. Workforce housing location. The required housing Units, Lots, or floor area provided for workforce housing may be located outside of the proposed development as long as they are located along a Governmental and Institutional street, Vehicle Oriented Commercial street, Mixed Use Commercial street, Multi-Family Residential street, and Small Lot Residential street, Medium Lot Residential , or Medium-Large Lot Residential street designation in an area governed by the same street regulating plan map, or within one mile of a commercial or manufacturing zone in the same planning area.
5. Weber housing authority. Eligibility and long-term monitoring of qualification for workforce housing is the responsibility of the Weber Housing Authority

Editors note: The color of each street type corresponds with the street colors on the street regulating plan map(s). The color codes for each are as follows:

1. All uses, generally. All uses listed in the use table are indoor uses, unless specifically stated otherwise. All indoor uses shall not generate noise, outdoor lighting, vibration, smoke, dust or airborne particulate matter, refuse, or anything else that is uncommon to the established character of the neighborhood to such a degree as to be perceptible to constitute a nuisance to the occupants of the immediate area.
   
2. Drive up (drive-thru) window. Any business with a drive up (drive-thru) window shall comply with the following:
   1. The window shall be located on the rear of the building. The rear of the building shall be determined as the side of the building opposite from the building's facade that faces the public street. If on a corner along a Government or Institutional street or Vehicle-Oriented Commercial street, the window may be located on the side of the building that is visible from the less prominent street.
   2. The stacking lanes and drive up (drive-thru) queue, and the parking spaces devoted to the drive up (drive-thru) window shall be located in an area that is not visible from the more prominent street right-of-way when the area is fully built-out.
   3. One drive up (drive-thru) queue space that is at least 20 feet in length may substitute a parking space required by this Land Use Code.
3. Perpetual building maintenance agreement. Other than single-family dwellings and their accessory buildings, when a building is set back less than ten feet from a property line, a perpetual building maintenance agreement is required between the building owner and the affected adjacent property owner, which shall allow for construction and maintenance of the side or rear of a commercial building, and shall:
   1. Be reviewed for compliance with this section by the Planning Division and County Attorney's Office;
   2. Place responsibility on the building owner for prompt repairs and maintenance of the side or rear of the building;
   3. Require allowances of access to the property for repairs and maintenance purposes; and
   4. Be signed by the owner of the building and the adjacent property owner and be recorded on the title of both properties.

1. Automobile or other vehicle related uses. The use of a Lot or Parcel for automobile repair of any kind, automobile sales, rental, or service, boat sales, rental, or service, gas or fuel station, a tire shop, or any other use governed by this section by reference shall only be conducted within a completely enclosed building that meets the standards of this chapter.
   1. No vehicle awaiting service shall be stored outside for more than one day.
   2. Sufficient parking for all employee or customer uses, including the temporary parking of vehicles awaiting pickup from owners, shall be provided on the Lot or Parcel.
   3. No vehicles associated with the use shall be parked on the street. However, up to 20 vehicles may be temporarily parked in a parking lot meeting all applicable parking standards of this Land Use Code if the vehicles are available for immediate purchase, lease, or rent, and as long as all other standards of this Land Use Code are met.
2. Automobile repair of any kind. Refer to paragraph (a) of this section.
3. Automobile sales, rentals, or service. Refer to paragraph (a) of this section.
4. Boat sales or service. Refer to paragraph (a) of this section.
5. Campgrounds or picnic areas, commercial. A commercial campground or picnic area shall comply with Title 108, Chapter 20. If located along any street in the FB zone except open space, an opaque fence or wall shall surround the use. Vegetation screening shall be planted on the outside of the fence or wall to allow the use to blend in with surrounding uses. A drip irrigation system shall be installed to ensure long-term viability of the vegetation.
6. Car wash. Where allowed, a car wash is subject to the following restrictions:
   1. Operation hours are only allowed between 6:00 a.m. and 10:00 p.m.
   2. There shall not be more than four washing bays for a manual spray car wash.
   3. Car wash facilities shall be set back from the street right-of-way at least 60 feet, reserving street frontage for buildings that provide street-facing commercial facades.
   4. The off-street vehicle spaces or queues required shall be as follows:
      1. One bay car wash, four spaces in the approach lane;
      2. Two bay car wash, three spaces in the approach lane for each wash bay;
      3. Three or more bay car wash, two spaces in the approach lane for each wash bay.
7. Corral or stable. This use shall be located no less than 100 feet from a public street and not less than 25 feet from any side or rear lot line.
8. Dwelling or dwelling unit. The regulations for a dwelling unit use listed in the land use table are as follows:
   1. Construction standards. A dwelling unit on a Government and Institutional street, Vehicle-Oriented Commercial street, Mixed-Use Commercial street, or Multi-Family Residential street shall be constructed to a multifamily residential standard in accordance with the International Building Code.
      
   2. Dwelling unit location. A dwelling unit proposed along a government and institutional, vehicle-oriented commercial, or a mixed-use commercial street shall be located on a Lot or Parcel as follows:
      1. Above or behind any street-level commercial space; or
      2. Behind a building that provides street-level commercial space, or if no such building exists at the time of application, behind the area reserved for street-level commercial space as otherwise required herein. The location shall provide for the existing and future planned street layout of the area, including the future street-level commercial space that will face future streets, and internal Street-Block Alleys.
   3. Two, three, four, and multi-family residential. Unless one of the units is owner occupied, a two, three, four, or multi-family residential building shall be operated and maintained by a professional management company that specializes in multi-family residential property management.
   4. Density allowance and transferable development rights. No dwelling units in excess of the base density, as defined by Title 101, Chapter 2, and as provided in Section 104-22-11, are allowed in the Form-Based Zone except when in compliance with the transferable development rights requirements of Section 104-22-11.
9. Family food production. As used in this subsection, a Group A animal is either one pig, one sheep, one cow, or one goat, and Group B animals or fowl are either a set of ten rabbits, ten chickens, ten pheasants, five turkeys, five ducks, five geese, or five pigeons.
   1. No more than four sets of Group B animals or fowl may be kept on a Lot or Parcel that is less than 40,000 square feet.
   2. No more than six combined sets of Group A animals and Group B animals or fowl may be kept on a Lot or Parcel that is less than two acres. The same applies to a Lot or Parcel greater than two acres, except that an additional six combined sets of Group A and Group B animals or fowl may be kept per each additional acre greater than two.
10. Gas or fuel station. A gas or fuel canopy shall not be located closer to a public street right-of- way, excluding a mid-Block Alley, than 60 feet. The canopy shall be located to the rear of the convenience store associated with the canopy.
11. General retail sales, small items. This use is any store that primarily retails or rents items to be physically taken by the customer from the store, when those items weigh less than 80 pounds, including product packaging, or that are small enough to fit in a typical passenger vehicle. The use is limited to 4,000 square feet of retail floor-area. No sales yard is permitted. No sales of items intended to be explosive or hazardous to human health, safety, or welfare is permitted.
12. General retail sales, large items. This use is any store that primarily retails or rents items to be physically taken by the customer from the store, when those items weigh more than 80 pounds, including product packaging, or that are too large to fit in a typical passenger vehicle. This use may include an outdoor sales yard of no greater than 6,000 square feet as long as it is completely surrounded by an opaque wall. No sales of items intended to be explosive or hazardous to human health, safety, or welfare is permitted.
13. Office uses. A use listed in the “office uses” table may only be located above or behind first-floor street-level commercial space, reserving the street frontage for first-floor street- level commercial space. A local recreation and tourism office devoted to providing services, information, and events primarily for visitors to the Ogden Valley is exempt from this requirement provided that it is open and accessible to all members of the public.
14. Shooting range or training course, indoor or outdoor. The facility shall provide designated shooting positions for which ballistic backstops are designed. No shooting is allowed except in these designated shooting positions. All sides down range of a shooting position shall have a non-ricochet ballistic backstop, including overhead and on the ground or floor, capable of containing all errant bullets. For an outdoor range, the overhead backstop may be a series of baffles. Approval shall be subject to the requirements and conditions of the local fire authority. The range operator shall be onsite at all times shooting is occurring.
15. Self-storage. Self-storage is only allowed if located on the same Lot or Parcel with a building that has street-facing commercial space. The use shall comply with the following:
    1. Storage units shall be located behind or above building area that provides a first-floor street-facing commercial façade and related commercial space. The building providing street-facing commercial space shall appear from the exterior as if office or residential space is offered in the area housing the storage units.
    2. If located in a separate onsite building than the building providing first-floor street-facing commercial space specified herein, the separate building shall be located behind the building with first-floor street-level commercial space, and shall be no wider than the building providing first-floor street-level commercial space.
    3. Storage unit bay doors or garage doors shall face away and not be visible from the nearest property line, and shall be completely obscured from view from any public right-of-way.
16. Ski area. This use may include ancillary equipment and structures such as snow making equipment, snow grooming equipment, maintenance facilities, trail and wayfinding signage, ski lifts, ski fences, ticket booths, concession stands, restroom facilities, food and beverage sales, ski patrol facilities, emergency response facilities, and similar uses commonly found in ski areas. Outdoor storage and maintenance of ski related equipment is allowed provided that it is screened from view of the general public. Ski area trail wayfinding signage are exempt from other signage requirements of this Land Use Code. Any lighting associated with said signage is subject to the requirements of Section 108-16.
17. Temporary building or use. The building or use shall be removed upon completion or abandonment of the construction work.
18. Tire shop. Refer to paragraph (a) of this section.
19. Vendor, short term. No booth or vehicle shall be permanently affixed to the ground, nor shall it be stationary for more than four days at a time.

The following table provides regulations applicable to all buildings in the FB Zone. They are broken out by street type, as represented in the applicable street regulating plan.

1. Architectural compliance required. Each building, except for Single-Family and Two-Family Dwellings, shall follow the architecture standards listed in this Section 104-22-6. Each area, as depicted in the applicable street regulating plan, has one or more unique architectural theme(s) allowed as provided in the following table and in accordance with the following sections.
   
2. Licensed architect required. Each building, except those aforementioned in Subsection (a) of this section, is required to be designed by a licensed architect. After receiving recommendation from a licensed architect, the Land Use Authority may, but is not obligated to, allow minor modifications to the applicability of the standards of this section as long as it results in a design that better aligns with the intent of the design theme, and blends well with the design features of adjacent buildings.
   
3. Allowed architecture. The following table lists the type of architecture that is allowed within a specific village area. The letter "A" represents a style that is allowed in the respective area. A "N" represents a style that is not allowed in that area. Other styles may, but are not required to, be considered by the Land Use Authority at their discretion.
   
   

   			OLD WEST	AGRARIAN	MODERN ALPINE	MOUNTAIN MODERN	MOUNTAIN RUSTIC
   EDEN	OLD TOWN	5500 E and streets surrounding Old Town Eden Park.	A	A	N	N	N
   		The rest of Old Town.	A	A	N	N	A
   	NEW TOWN	Within 20 feet of public street1	N	N	A	A	A
   		The rest of New Town.	N	A	A	A	A
   NORDIC VALLEY			N	N	A	A	N
   WEST WEBER VILLAGE			N	A	N	N	N
   1 A public street in this case means any public street right-of-way, existing and planned.

   
   

1. Design theme. Buildings shall have architectural styling and materials that resemble historic commercial main-street buildings in the Western United States that were in existence between 1880 and 1910. Each new building shall provide diversity and variety in building design, architectural features, and building material that set each building apart from adjacent buildings.
2. Building form. A building’s street-facing façade shall be designed to have a base, body, and cap, each of varying design features and building material. The base of the building shall be no less than one-sixth and no greater than one-third the height of the building. The cap shall be no less than one-twentieth the height of the building.
3. Rooflines. Rooflines shall be broken every 50 feet, with no less than a 12-inch shift between adjacent rooflines. If the building will have a sloped roof, parapet walls shall be constructed to hide the roof slope.
4. Building massing. The horizontal wall massing of building facades shall be broken at least every 20 feet with no less than a six-inch shift in the plane of adjacent walls. The building shall appear to be post and beam construction, with vertical columns rising from the base to the cap of the building, and with windows or other openings located to not interrupt the vertical rise of the columns.
5. Building material. Each building facade that faces the street shall consist of brick, or wood, or a faux material that is hard to distinguish from real brick, or wood. Metal may be used for accent material. At least one of the building materials used on the building façade shall also be used on all other sides of the building.
6. Colors. Natural colors of wood and brick, as well as natural metals with an aged patina, are allowed. Other muted earth-tone colors generally visible from the site may be used as long as they complement the age period. No more than 70 percent of a building's facade shall be white.
7. Examples. Examples of generally acceptable architectural features are depicted in the following images. Any conflict between details in the images and regulations in this chapter shall be interpreted in favor of the regulations in the chapter.

Editor's note: This Section 104-22-6.3 was a part of Section 104-22-6.2, as provided in Ord #2022-20. Due to data size, 104-22-6.2 was pulled into four separate sections within Section 104-22-6. Those sections are 104-22-6.2, 104-22-6.3, 104-22-6.4, and 104-22-6.5.

1. Design theme. Buildings shall have architectural styling and materials that implement agrarian-style architecture. Each building shall incorporate at least two of the following four options:
   1. Either a gable roof at a 6/12 or greater slope, a gambrel roof, or a monitor roof.
   2. A shed-roof at a 4/12 or greater slope that is attached to the side of the building but not attached to the main roof structure.
   3. A clerestory or cupola.
   4. Gable-style dormer windows.
2. Building form. Each street-facing building façade shall be designed and constructed to have a building base, building body, and varying building roofline, each having varying building materials or design techniques. The base of the building shall be no less than one-tenth and no greater than one-third the height of the building.
3. Rooflines. Rooflines shall be broken every 50 feet, with no less than a 12 inch shift between adjacent rooflines.
4. Building massing. The wall massing of building facades shall be broken at least every 40 feet with no less than a six inch shift in the plane of adjacent walls.
   
5. Building material. Building façade walls shall be finished with no less than two diverse types of material. The primary building material shall be wood siding or similar appearing siding. At least one of the building materials used on the building façade shall also be used on all other sides of the building.
   1. Brick or stone may be used in place of wood if approved by the Land Use Authority.
   2. Metal siding may be used on the building's body, as long as the building's base is made of brick or stone, and as long as the metal siding is broken horizontally by brick or stone every twenty feet, and is treated to create a natural-appearing aged patina.
      
6. Colors. At least two muted earth-tone colors generally visible from the site are required. In the Eden area, no more than 70 percent of a building's facade shall be white.
7. Examples. Examples of generally acceptable architectural features are depicted in the following images. Any conflict between details in the images and regulations in this chapter shall be interpreted in favor of the regulations in the chapter.
   

1. Design theme. All buildings shall have architectural styling and materials that implement a modern interpretation of European alpine design. A modern interpretation of European alpine design includes a balance between modern alpine and classical European alpine design features. The following design features are intended to provide minimum stylistic requirements to implement this design theme.
2. Building form. A building’s street-facing façade shall be designed to have a base, body, and varying roofline, each of varying design features and building material.
3. Rooflines. Buildings shall have varying rooflines of predominantly gabled roofs. Rooflines shall be broken every 100 feet, with no less than a 12 inch shift between adjacent rooflines that are on the same plane.
4. Building massing. The wall massing of building facades shall be broken at least every 50 feet with no less than a six-inch shift in the plane of adjacent walls. Each street-facing façade shall be designed and constructed to have a building base, building body, and a varying building roofline.
5. Building material. Building façade walls shall be finished with no less than two primary and one secondary type of building material. The primary building materials shall be real cut stone, glass, or wood siding or similar appearing siding with a natural wood finish. The secondary building materials include metal, wood, large-cut timbers, metal beams and columns, or concrete or other flat-surface building material which may be colored as allowed herein. At least one of the building materials used on the building façade shall also be used on all other sides of the building.
   1. Each building shall have at least 60 percent primary building material.
   2. The base of the building shall be at least 60 percent stone, except those areas occupied by transparent fenestration.
   3. Use of metal shall be limited to trim, balconies, railing, exposed structural components, and roofs.
   4. No more than ten percent of any building façade shall be exposed concrete.
6. Colors. Muted earth-tone colors generally visible from the site are required. No more than 30 percent of a building's facade shall be white.
7. Examples. Examples of generally acceptable architectural features are depicted in the following images. Any conflict between details in the images and regulations in this chapter shall be interpreted in favor of the regulations in the chapter.

1. Design theme. All buildings shall have architectural styling and materials that implement mountain modern-style architecture. Mountain modern-style architecture shall incorporate at least three of the following five options:
   1. Either a gable roof at a 6/12 or greater slope, a flat roof, a shed roof, or a combination of the roof types.
   2. A shed-roof at a 2/12 or greater slope that is attached to the side of the building but not attached to the main roof structure.
   3. A prominent covered porch, deck element, chimney, or other unique architectural feature or features approved by the Land Use Authority.
   4. Vertical rectangular windows, single, paired, or in triples. Paired and tripled windows shall all be the same dimensions. The composition of all windows on a building’s façade shall be balanced.
   5. Appurtenances such as exposed roof rafter tails, decorative kickers, and exposed beams or column detailing.
2. Building form. Each street-facing façade shall be designed and constructed to have a building base, building body, and varying building roofline, each having varying building materials or design techniques.
3. Rooflines. Rooflines shall be broken every 50 feet, with no less than a 12 inch shift between adjacent rooflines.
   
4. Building massing. The wall massing of building facades shall be broken at least every 40 feet with no less than a six inch shift in the plane of adjacent walls. Each street-facing façade shall be designed and constructed to have a building base, building body, and varying building roofline, each having varying building materials or design techniques.
5. Building material. Building façade walls shall be finished with no less than two diverse types of material. The primary building material shall be wood siding or similar appearing siding. At least one of the building materials used on the building façade shall also be used on all other sides of the building.
   1. Brick or stone may be used in place of wood if approved by the Land Use Authority.
   2. Metal siding may be used on the building's body, as long as the building's base is made of brick or stone, and as long as the metal siding is broken horizontally by brick or stone every twenty feet, and is treated to create a natural-appearing aged patina.
   3. Stucco may be used as an accent material, but may not comprise more than 30% of a building’s facade
6. Colors. Warm muted earth-tone colors generally visible from the site are required. No more than 70 percent of a building's facade shall be white.
7. Examples. Examples of generally acceptable architectural features are depicted in the following images. Any conflict between details in the images and regulations in this chapter shall be interpreted in favor of the regulations in the chapter.

1. Design theme. All buildings shall have architectural styling and materials that implement mountain rustic architecture. Mountain rustic architecture shall incorporate the following
   1. A gabled roof at a 6/12 or greater slope. An attached shed roof is permissible at a lower slope if it covers a porch, patio, window pop-out, or similar.
   2. Exposed beams and columns made of large rough-cut timbers; the columns having a stone base.
   3. A prominent covered porch, deck, or balcony, or a large prominent stone chimney.
2. Building form. Each street-facing façade shall be designed and constructed to have a building base, building body, and varying building roofline, each having varying building materials or design techniques.
3. Rooflines. Rooflines shall be broken every 50 feet, with no less than a 12 inch shift between adjacent rooflines.
4. Building massing. The wall massing of building facades shall be broken at least every 40 feet with no less than a six inch shift in the plane of adjacent walls.
5. Building material. Building façade walls shall be finished with no less than two diverse types of material. Building material shall appear distressed. The primary building material shall be either wood, log, or similar appearing siding, or natural stone. At least one of the building materials used on the building façade shall also be used on all other sides of the building.
   1. The building’s base shall be natural stone.
   2. Metal accents or trim may be used if it has been aged to have a patina.
6. Colors. Muted earth-tone colors generally visible from the site are required.
   

1. Right-of-way dedication. As development occurs on each Lot or Parcel, the owner shall dedicate area for public right-of-way with a width as depicted in the table below or as otherwise adopted, to form a Street-Block pattern as depicted in the applicable street regulating plan.
   
2. Drawings required. Each application for development shall provide engineered construction drawings of the street improvements required herein.
3. Street right-of-way design.
   1. Commercial street design. The dimensions and general design for a Governmental and Institutional street, Vehicle-Oriented Commercial street, Mixed-Use Commercial street, and Multi-Family Residential street is as follows:
      1. Typical three-lane village cross section. A three-lane village street is required for all arterial and collector streets, as designated by the applicable general plan or master street plan. The design dimensions shall be as follows:
         
      2. Typical two-lane village cross section. A two-lane village street is required for other streets. The design dimensions shall be as follows:
         
      3. Two-lane village cross section with challenging cross-slopes. Unless otherwise negotiated by development agreement, the design for a Governmental and Institutional street, Vehicle-Oriented Commercial street, Mixed-Use Commercial street, Multi-Family Residential street on a cross-slope that is greater than 10 percent shall provide a 50 foot right-of-way half width, with design dimensions as follows:
   2. Mid-Block Alleys. As development occurs along a Government and Institutional street, Vehicle-Oriented Commercial street, Mixed-Use Commercial street, or Multi-Family Residential street designation, one or more mid-Block Alley(s) shall be designed and constructed in accordance with the following:
      1. The general location of mid-Block Alleys are shown on each street regulating plan as lines with a lighter line weight than the lines that represent streets.
         
      2. A mid-Block Alley shall provide both vehicle and pedestrian access to and through the inside of a Street-Block. Specifically, they shall provide access to shared public parking lots, public or private parking garages, and other uses or buildings that are located in the middle of the Street-Block.
         
      3. When a mid-Block Alley connects through a Street-Block in which the Alley transitions to a residential street, the applicable design and construction standards shall also transition to a typical residential street standard.
         
      4. The Alley shall be dedicated for public use, but the operations and maintenance of it shall be the collective and equitable responsibility of all landowners whose parcels and/or parking areas gain access from it. An association of owners may be created to specify the details of the management thereof.
         
      5. Snow storage areas abutting an Alley shall be provided in the middle of each Street-Block of sufficient size and configuration to easily accommodate the Alley's snow storage needs, as determined by the County Engineer.
         
      6. Regardless of an Alley's configuration displayed on the street regulating plan map, a mid-Block Alley shall be located at a distance that is no greater than 330 feet and no less than 200 feet from a street intersection or other mid-Block Alley intersection.
         
      7. The mid-Block Alley's access to the street shall align with an existing or planned mid-Block Alley on the opposite side of the street. If there is no existing or planned mid-Block Alley on the opposite side of the street, then the subject mid-Block Alley's access to the street shall be located in a manner that provides reasonable opportunity for the creation of a future mid-Block Alley on the opposite side of the street.
         
      8. The width of the mid-Block Alley shall, at a minimum, be designed as follows:
   3. Residential street design. The design for all non-multi-family residential streets is as provided in Section 106-4-5.

For all Government and Institutional, Vehicle-Oriented Commercial, Mixed-Use Commercial, or Multi-Family Residential street types, the following provisions shall apply. The following standards do not apply to non-multi-family residential streets unless explicitly stated herein. Otherwise, non-multi-family residential streets shall follow adopted residential street design standards.

1. Pedestrian priority design. The street shall be designed to prioritize pedestrian use. At primary points of conflict between pedestrian uses and vehicle uses, the street facility shall be designed and constructed to promote pedestrian safety, comfort, and efficiency.
   1. Raised crosswalks. Where a pedestrian-way intersects with a vehicle-way, the pedestrian-way shall be raised at least six inches above the grade of the vehicle-way, or to the level of the adjoining pedestrian-ways, whichever is higher. This shall include but is not limited to the installation of crosswalks and intersections that are raised to the same plane as the sidewalk or adjoining pathways. An example of a raised crosswalk is illustrated as follows:
   2. Curb extension bulb-outs. In order to provide traffic calming and pedestrian safety, street improvements at intersections, pedestrian crossings, and mid-Block Alleys, if different, shall be constructed with curb extensions that bulb-out directly adjacent to the lane of travel. Bike lane widths shall not be obstructed or made narrower at any point along a curb extension bulb-out. Bulb-outs shall be designed to the specifications of this ordinance and the County Engineer, or as otherwise adopted. Where a bulb-out provides access to a raised pedestrian crosswalk, bollards or other permanent features shall be installed along the curve of the bulb-out to keep vehicles from entering the pedestrian-way. Examples of bulb-outs are depicted in the images above.
   3. Crosswalk contrast. For enhanced noticeability, in addition to white retroreflective striping, crosswalks shall be constructed of stamped and colored concrete to provide clear contrast between the street and crosswalk.
   4. Mid-Block crosswalk. A Street-Block that has a length that is greater than 330 feet, as measured from the center of each bounding intersection, shall be provided with a mid-Block crosswalk. User-activated rapid flashing beacons that are solar powered or connected to jurisdictionally controlled power, if available, shall be installed on mid-Block crosswalk signage.
      
2. Sidewalk required. As part of the required street improvements within the FB zone, a sidewalk shall be installed in the designated sidewalk area, as depicted in Section 104-22-7.010 and as illustrated as follows, on the side of the street of the development and for the entire length of the development Lot's street frontage or width.
   
   1. Paved pathway alternative. A 10-foot wide paved pathway may be installed in lieu of the required sidewalk along any street that is very unlikely to have an adjacent building with first-floor street-level commercial space. The pathway shall be designed as provided in Section 104-22-7.030.
   2. Covered boardwalk alternative. The County Commission may, but is not obligated to, approve the encroachment of a covered boardwalk, or similar, by legislative approval of an encroachment and maintenance contract. The adjoining landowners shall bear full responsibility for the operations and maintenance of the boardwalk. The covered boardwalk shall comply with the overhead projections standards of this chapter.
3. Street trees required. As part of the required street improvements within this zone, street trees shall be installed in the designated tree lane, as depicted in Section 104-22-7.1, on the same side of the street as the development and for the entire length of the development lot's street frontage. Tree species shall be approved by the Planning Director and County Engineer as part of the review of the development. A street tree plan shall be submitted as part of a development application and shall be accompanied by a letter from a certified arborist or landscape architect, certifying that the proposed tree type is suitable considering site conditions and local climate. The plan shall include planting methods that are specific to the site conditions. Planting methods shall provide means of protecting the longevity of the tree and the street infrastructure. Street trees shall be provided with a permanent watering method with irrigation infrastructure installed underground.
   1. Tree planting. No street tree shall be planted within the clear view triangle as provided in Section 108-7-7, Section 106-4-5, or the American Association of State Highway and Transportation Officials (AASHTO) standards. To provide continuous shade of the pedestrian areas, spacing between tree trunks shall equal the average diameter of the specific tree species' canopy at maturity. However, in the Nordic Valley Area, each street bounding a Street-Block shall have the same number of trees that is equal to one tree per every 50 linear feet of street on both sides of the street, and the trees may be grouped in clusters of no greater than ten trees, rather than equally spaced along the right of way.
   2. Tree maintenance. Unless an association, district, or other collective funding and maintenance entity is approved by the County to provide tree maintenance, a street tree shall be maintained by the owner or proprietor of the property that is immediately adjacent to the street right-of-way where the tree is located. A tree maintenance plan shall be submitted as part of the development review for new development. Trees shall be pruned in a manner that gives at least a seven foot clearance above the sidewalk and a 12 foot clearance above a bike lane or parking area, as depicted by the following graphic:
4. Bike facilities required.
   1. Separated bike lane. Unless provided otherwise herein, a concrete bike lane that is five feet in width shall be installed as part of the required street improvements. The bike lane shall be on the same plane as the sidewalk, and shall be separated from the pedestrian walkway by the tree lane.
   2. Bike lane alternative. When topography results in the inability to safely create sufficient street right-of-way width, the County Engineer has discretion to allow a bike lane to occupy the street's vehicle travel lane. In these cases, a five-foot wide retroreflective green bike lane shall be applied to the center of the lane, and marked with retroreflective sharrows as depicted by the following graphic:
5. Street parking required.
   1. 45-degree angle parking. Each street shall be designed and constructed to provide 45-degree angled parking.
   2. Street parking alternative. When topography results in the inability to safely create sufficient street width, the County Engineer has discretion to allow a parallel street-parking design instead.
   3. Parking bumper buffer. A three-foot parking buffer shall be provided between the bike lane and the curb for vehicle bumper overhang. Vegetation may be in this buffer.
6. Curb, gutter, and drainage facilities.
   Curb, gutter, and drainage facilities shall be installed along each street and internal Alley in accordance with the County's standard curb and gutter cross sections and in a manner that accommodates the street designs herein.
7. Items in public right-of-way.
   1. Overhead projections. Overhead building projections such as but not limited to awnings, canopies, balconies, and cantilevers, are permitted within the public right-of-way, provided that they leave a vertical clearance over the sidewalk or walkway of no less than nine feet, and shall not project more than eight feet into the public right-of-way. Any support post beneath the building projection shall be no greater than seven feet from the building façade, be designed to offer minimal disruption to sidewalk traffic, and meet all ADA clearance requirements.
   2. Amenities and furniture. Non-permanent street amenities such as street furniture for outside dining, benches, bike racks, planters, and street sales and displays are permitted between street trees and along sidewalks as long as they do not cause any hazard to the use of the bike lane; and they are located in a manner that leaves a continuous seven-foot wide pedestrian walkway.
   3. Street Lighting. Street lighting shall be installed as part of the required street improvements within this zone. Street lighting shall complement the architectural design theme of the area.
   4. Overhead utilities. All new development shall move all existing overhead utilities underground, and install all new utilities underground as well.
8. Round-a-bout. A round circle along any street intersection on the street regulation plan indicates a planned round-a-bout. As development occurs, street right-of-way shall be dedicated to the County to accommodate at least a 110-foot diameter round-a-bout. Round-a-bout improvements shall be installed when required by the County Engineer. Otherwise, all improvements installed shall be installed in a manner that does not create an undue burden on the construction of a future round-a-bout.

1. Pathways and sidewalks, generally.
   1. Pathway and sidewalk layout shall be designed in a manner that prioritizes efficiency of non-motorized modes of transportation.
   2. Pathways shall connect using the shortest distance reasonably possible.
   3. Pathway and sidewalk layout shall provide for the continuation of existing pathways or sidewalks in the general area, and for future planned pathways, as shown on an adopted pathway plan, general plan, master trails plan, or other applicable adopted planning document.
   4. Except for development along a Rural Residential or Estate Lot Residential street, each development shall be configured so that the maximum pathway or sidewalk walking-distance between a pathway or sidewalk intersection is 400 feet.
      1. This distance may be increased for a segment of a pathway that travels through a permanently preserved open space area or an area very unlikely to ever develop.
      2. A pathway or sidewalk intersection is where a pathway or sidewalk intersects with another pathway, sidewalk, or street that has pedestrian facilities.
   5. A pathway or sidewalk stubbed from an adjacent property shall be connected to a pathway or sidewalk within the subdivision.
   6. Continuation of a pathway or sidewalk to adjacent undeveloped property shall be provided with a stub to the subdivision boundary.
   7. Pathway and sidewalk arrangement shall not cause any unnecessary hardship for creating convenient and efficient access to nearby parcels that are likely to eventually be developed.
      
2. Street-adjacent pathway. Along each arterial, collector, and major neighborhood street, as provided in an adopted general plan, master streets plan, or similar adopted document, a 10-foot wide hard-surfaced pathway shall be installed.
   1. When determining which side of the street the pathway is required, preference shall be given to the side of the street that has optimal sun exposure during winter months.
   2. The Planning Director may require a pathway be located on the other side of the street to support pathway connectivity based on other factors such as existing or planned future pathways in the vicinity and potential pedestrian conflicts.
      
   3. The pathway shall be located within the street right-of-way unless expressly authorized otherwise by the County Engineer. If not located within the street right-of-way, a pathway easement is required.
   4. Unless required otherwise by the County Engineer, the pathway shall have an asphalt width of at least nine feet and be bounded on both sides by a six-inch concrete ribbon that is flush with the top of asphalt travel surface. The pathway shall be constructed of three inches of asphalt on eight inches of base-course. Greater thickness may be required where it intersects a vehicle-way.
      
   5. Example: Street-Adjacent Pathway
3. Non-street-adjacent pathway. Where generally depicted on a map or in the text of an applicable street regulating plan, general plan, master streets plan, or when otherwise required herein or in a development agreement, a 10-foot wide hard-surfaced pathway shall be installed through the development.
   
   1. Where a pathway runs between buildings or fenced Lots, a minimum 30-foot pathway public right-of-way is required. The pathway shall run down the center of the 30-foot right-of-way.
      
   2. The pathway right-of-way may be reduced to 15 feet if both of the adjoining Lots or parcels are or will be single-family residential, and are deed-restricted to:
      1. Only allow a solid fence that is no greater than four-feet; or
         
      2. Only allow a fence that is 30 percent open with the openings evenly distributed.
         
   3. The adjoining land owners are responsible for the maintenance and upkeep of vegetation and waste on the half of the pathway right-of-way that is adjacent to their Lot or Parcel.
      
   4. Example: Non-Street-Adjacent Pathway