Midvale City Zoning Code
17-7-6 7200
South Overlay Zone
17-7-6.1 Purpose.
This chapter supplements the mixed-use zone Chapter 17-7-5 to provide additional standards for the development of land parcels within the 7200 South overlay zone. This chapter informs the owners of the standards that will be applied in approving or disapproving proposed developments. The goal is to:
A. Facilitate transition of the 7200 South corridor from single family residential neighborhood to a mix of commercial and residential uses;
B. Guide the development of a consistently high quality environment;
C. Assure and enhance the investment of those locating within the 7200 South corridor;
D. Promote economic development on a pedestrian scale;
E. Protect surrounding stable neighborhoods from the potential adverse effects of commercial uses;
F. Require thematic landscaping to provide a distinctive visual quality to the overlay area; and
G. Require pedestrian connections within and among developments and between adjacent neighborhoods. (Ord. 11-20-2001 § 2)
17-7-6.2 Unique use restrictions.
Due to the special considerations given to this overlay zone area, based on proximity to existing residential neighborhoods, the following uses, which are allowed in the MU zone, are considered conditional in this area:
A. Alcoholic beverage Class A license;
B. Alcoholic beverage Class B license;
C. Alcoholic beverage restaurant;
D. Financial institution;
E. Drive up window, not to include fast food. (Ord. 11-20-2001 § 2)
17-7-6.3 Residential standards.
17-7-6.4 Lot and development standards.
The following standards apply to all new mixed-use developments of land in the zone:
A. Build-To Line. The front yard setback is the build-to line. At least fifty percent of the front elevation must be built at the build-to line on all interior lots and at least thirty percent of the front elevation must be built at the build-to line on all corner lots. Recessed plazas, courtyards and trellises are encouraged. The applicant may increase the depth of the build-to line by up to fifteen feet if the variation is used to promote a pedestrian-oriented use, i.e., special landscaping, outside seating for a restaurant, etc. An applicant for development of a parcel at the corners of 7200 South and State Street, or 7200 South and 700 East may increase the depth of the build-to line to achieve a total front yard setback of sixty-seven feet, to allow for a twenty-four-foot drive aisle, and one row of eighteen-foot parking stalls, upon planning commission approval of a site design which incorporates significant public amenities such as a pedestrian link from the street corner to the front entrance of the proposed structure, significant approved public artwork and pedestrian furnishings incorporated into the landscaping plan, and significant additional parking lot landscaping.
B. Setbacks. New development shall comply with the following setbacks:
1. Front. The minimum front yard setback is twenty-five feet.
a. Corner Lot Rule. Corner lots have two front yards, with a twenty-five-foot setback.
b. Projections. Skylights, sills, cornices, chimneys, flues and ornamental features may project into the front yard up to two and one-half feet. Eaves and awnings may project into the front yard up to eight feet so long as the eaves or awnings are at least eight feet above ground.
2. Rear. The rear yard setback shall be of sufficient depth to allow proper parking and landscaped areas to the rear of the buildings. Unless otherwise approved as a conditional use by the planning commission, rear yards and the rear of buildings shall not abut a public street. Development on corner parcels must be set back thirty feet from the corner.
a. Stairs and Balconies. Outside stairways and balconies may project into the rear yard up to three feet.
b. Corner Lot Rule. On corner lots there is no rear yard.
c. Impervious Surfaces. A maximum of thirty percent of a required rear yard setback may be an impervious surface. Mixed-use development may include parking within the rear yard setback.
3. Side. The side yard setback is ten feet. There is no side yard setback for mixed-use development.
C. Height. Building height shall comply with the table below.
Table 17-7-6.4. Height
Height | Commercial/ Mixed-Use | Multi-Family | Single Family, Duplex | Civic Uses |
|---|---|---|---|---|
Minimum | 20’ | 20’ | 16’ | 16’ |
Maximum | 35’ | 35’ | 28’ | 35’ |
To create architectural interest, buildings must be either higher or lower to the visual eye than the immediately adjacent buildings along the 7200 South corridor. The planning commission may grant minor exceptions to the height maximums, in writing, for mixed-use developments with architectural elements such as turrets, decorative cornices, etc. The approval or denial of such an exception shall account for neighborhood privacy and public view issues.
D. Recreational Amenities/Open Space. Each application shall include:
1. Lighted pedestrian trails or paved paseos, which connect commercial and residential uses with open space and with abutting public trails; and
2. Ten-foot wide paved sidewalks along public rights-of-way;
3. For development of two contiguous acres or more, the applicant must propose at least thirty percent open space. An applicant may obtain up to a twenty percent increase in density and/or building mass by offering significant usable open space in addition to the open space required within the development. Open space includes but is not limited to: commons, pocket parks, plazas, courtyards, landscape features, water fountains and features, greenbelts, and trail connections. “Village greens,” as a commons area, may be required adjacent to mass transit connections or other significant activity. Building materials used within open space areas shall be related to the materials of adjacent buildings and walkable surfaces shall be a non-skid finish. Design shall encourage comfortable and safe pedestrian use, including landscaping, seating areas, and lighting as appropriate;
4. The planning commission may require preservation of areas of environmental concern or interest, i.e., drainages, steep slopes, trail systems, and water features. Unless otherwise specified through special agreement or understanding with the city, all open space areas shall be maintained by the owner or by the property owners’ or homeowners’ associations.
E. Building Orientation. The entrances of all buildings shall front onto public streets. However, the entrances of center block residences may front on a pedestrian way. The entrances of anchor stores greater than ten thousand square feet in size may orient to a pedestrian plaza. Structures on corner lots shall provide an entrance on each street frontage or one within three feet of the corner. Anchor store entrances must be connected to adjacent streets via landscaped, lighted, publicly accessible walkways. Access from parking areas may be via lighted, mid-block passageways or “paseos” to the street. Secondary entries may be placed at the rear of street-facing buildings.
F. Maximum Footprint. Structures located at the major intersections of the overlay zone, State Street and 700 East, shall not have a single building mass in excess of twenty thousand square feet up to two floors, and a total of thirty thousand square feet for all buildings located within the proposed development if the proposed development includes at least two contiguous acres. No mid-block structure shall have a footprint in excess of seven thousand square feet.
G. Access Management. All new development shall comply with the following access management standards:
1. All driveways and curb cuts shall be installed according to the standards and specifications contained in the Midvale City Construction Standards and Specifications handbook. Curb cuts for pedestrian access shall orient toward each street frontage.
2. All newly installed driveways for commercial uses shall be a minimum of two hundred feet apart. The city engineer may allow exceptions when required by the built environment, or by other safety considerations. In no instance shall the city engineer authorize the installation of a driveway within one hundred twenty-five feet of a major intersection.
3. Except as authorized by the planning commission, the city engineer shall not authorize the installation of a driveway on any frontage other than 7200 South, 300 East, 700 East and State Street. The planning commission may authorize a secondary access from local streets that are not primarily used for single family residential use. A secondary access approved under this subsection may not be located opposite a single family residential property in any other zoning district.
4. All newly installed driveways for commercial uses shall align with any existing commercial access across the street. The planning commission may allow deviations to the requirement, provided the city engineer finds the driveway to be acceptable based on, but not limited to, access placement, traffic generated, and pedestrian and vehicular circulation.
5. New development or conversion of an existing residential use to a commercial use shall not park in such a way that users may be allowed to back onto public rights-of-way.
6. Existing, nonconforming driveways within the overlay zone shall be retired upon construction of a new building or the expansion of the area of an existing building or site by twenty-five percent or more.
7. Shared driveways between and among parcels are encouraged and allowed if the parties execute and record an easement, or a deed of dedication, in a form approved by the city attorney to ensure access in perpetuity for both parcels.
8. Each applicant for development of two or more acres shall submit a traffic impact study to the reasonable satisfaction of the city engineer and the planning commission.
9. The city engineer or planning commission may authorize the installation of a driveway between one hundred twenty-five and two hundred feet of a major intersection only when said driveway access is designed right-in and right-out only.
H. Except for ordinary repairs and maintenance of lighting approved and installed after January 2, 2002, all new development must comply with the following outdoor lighting standards:
1. Light Source. Light sources shall be at least as efficient as LED and no greater than four thousand K in correlated color temperature (CCT). Light levels shall be designed such that light trespass measured at the property line does not exceed 0.01 foot-candles. Light fixtures shall use a cutoff luminaire that is fully or partially shielded with no light distributed above the horizontal plane of the luminaire or into nearby residential structures. In no case shall the total lumens emitted for a single site exceed one hundred thousand lumens per acre.
2. Parking Lot Lighting. Parking lot lighting shall be designed and constructed to comply with the following standards:
a. Pole Height/Design.
i. Luminaire mounting height is measured from the parking lot or driveway surface and may range from ten feet to thirty feet, based on review of site plan, proposed land uses, surrounding land uses, parking area size, building mass, topography of site, and impacts on adjacent properties.
ii. Poles and fixtures shall be black, dark brown, or another neutral color approved by the community development director.
iii. All attempts shall be made to place the base of light poles within landscape areas.
iv. Light poles in parking areas shall not exceed thirty feet in height. Poles exceeding twenty feet in height are appropriate only for parking areas exceeding two hundred stalls and not in close proximity to residential areas.
3. Other Outdoor Lighting Standards.
a. Wall-mounted lighting fixtures shall not be located above eighteen feet in height unless being used as building accent lighting. Fixture styles and finishes shall complement the building exterior.
b. Lighting located along pedestrian pathways or in areas primarily dedicated to human activity shall be bollard style lighting or down-directed lighting not to exceed twelve feet in height. Pedestrian lighting shall be coordinated through each project and shall complement adjacent projects to the greatest extent practical.
c. In order to avoid light pollution, backlit awnings, up-light spotlights, and floodlights are prohibited.
d. Street lighting shall either be chosen from the city’s approved streetlight list or installed to match a theme set by developments within the zone or neighborhood.
4. Upgrading Preexisting Lighting. An applicant must bring preexisting lighting into compliance with this code upon application with the business license department for a change in ownership, new business in a stand-alone structure or in a multi-tenant structure in which the new business utilizes more than fifty percent of the building square footage on the site, in conjunction with an application for a building permit for any alteration, remodel or expansion of any structure on the site, or in conjunction with changes to the approved site plan.
5. Lighting Plan Submission Requirements. A lighting plan is required for all developments and must contain the following:
a. Plans indicating the location on the premises, and the type of illumination devices, fixtures, lamps, supports, reflectors, installation and electrical details;
b. Description of illuminating devices, fixtures, lamps, supports, reflectors, and other devices that may include, but is not limited to, manufacturer catalog cuts and drawings, including section where required; and photometric data, such as that furnished by manufacturers, or similar showing the angle of the cutoff or light emission; and
c. A point-by-point light plan to determine the adequacy of the lighting over the site. (Ord. 2021-02 § 1 (Att. C); Ord. 2019-06 § 1 (Att. B); Ord. 2011-01 § 1 (Att. A); Ord. 1/20/2009O-3 § 1; Ord. 11-20-2001 § 2)
17-7-6.5 Architectural standards.
All new development must present an attractive, coordinated streetscape; incorporate architectural and site design elements appropriate to a pedestrian scale; incorporate interior pedestrian access between structures to minimize pedestrian travel through parking areas; and provide for the safety and convenience of pedestrians by constructing pedestrian crossings with stamped, dyed, or raised walks. All new development shall comply with the following architectural standards:
A. New Building Form. Structures shall be designed to relate to grade conditions with a minimum of grading and exposed foundation walls. The design shall create easy pedestrian access from adjacent uses, on-street parking, sidewalks and parking areas. Commercial buildings shall be designed with ground floor architectural separation to enhance street activity and “walkability.” All proposed building designs must incorporate an expansive use of windows, balconies, terraces, arcades or other design features, which are oriented to the street and other pedestrian accesses, to maximize the pedestrian interface. Windows, display windows and doors must comprise at least forty percent of street-facing facades on the commercial developments with first-floor commercial uses. Blank facades are not allowed to face public rights-of-way and may not exceed thirty feet in length on all other facades.
B. Walls. All exterior walls shall be constructed in compliance with the following:
1. Building/Retaining Walls. No more than three materials shall be used for primary wall surfaces. Pre-cast concrete, brick, split face or scored CMU, stone, granite, ceramic tile, architectural metals and nonreflective glass (or similar quality, time- and weather-tested materials) is allowed. Limited amounts of stucco/masonite may be incorporated. Blank facades may not exceed thirty feet in length. Retaining walls shall be of materials complementary to the building’s materials.
2. Colors. Wall colors may range from earth tones to colors with some white and gray tones. Trim around openings may be accent colors. No other wall colors are allowed.
3. Facade Shifts. Each facade facing a public right-of-way or a pedestrian pathway shall shift at least five feet every thirty linear feet.
C. Roofs. All the roofs and dormer roofs of a building shall be constructed of the same material. Slopes of roofs shall be of equal pitch if a gable or hip roof is employed. All metal roofs must be of a subdued color. Painted roof shingles are prohibited.
D. Fences, Hedges and Walls. The following standards apply to new development of fences, hedges and walls:
1. Required Setbacks. The applicant shall propose buffering between commercial and permanent residential uses. The planning commission may approve the placement of all or part of the required rear yard landscaping on the residential side of the masonry wall if the applicant and the residential property owner have agreed to such placement and if the residential property owner has agreed, by covenant, to maintain said landscaping for the benefit of both parties and the city. A fence, hedge, wall, column, pier, post, or any similar structure or any combination of such structures is permitted in the required setback of a zone district if it meets the following conditions:
a. All fences and walls meet the requirements of Title 15 of this code, Buildings and Construction;
b. No fence, hedge, or wall may extend beyond or across a property line without a recorded agreement with the abutting property owner;
c. Reserved;
d. No barbed wire or other sharp, pointed, or electrically charged fence may be erected or maintained, except a temporary fence on a construction site to protect the property during the period of construction may be topped with barbed wire where the barbed wire is not less than eight feet above the ground and does not extend more than two feet above the temporary fence.
2. Height. No fence or wall may exceed seven feet in height, four feet in height from the front of the primary structure forward, nor three feet in height in the clear view triangle, measured as follows:
a. In a required yard abutting a street, the total effective height above the finished grade measured on the side nearest the street;
b. In any other required yard, the total effective height above the finished grade measured on the side nearest the abutting property;
c. On a property line, measured from the finished grade of either side when the abutting property owners are in agreement;
d. A temporary fence on a construction site may be as high as required to protect the property during the period of construction;
e. Fencing up to eight feet in height may be allowed in the side(s) or rear yard provided one of the following requirements are met:
i. The side(s) or rear property is adjacent to a freeway system or arterial or collector roadway.
ii. Buffering between commercial/industrial uses and residential uses or between single family and multifamily residential uses.
iii. Demonstration of safety and/or security matters.
Fencing eight feet in height shall comply with the following conditions:
(A) The proposed fence shall be reasonably compatible with respect to height from adjacent fences and shall transition consistently from one segment of fence to another.
(B) The proposed fence shall be reasonably compatible with respect to materials from adjacent fences and shall propose materials and colors that are consistent and similar.
(C) A building permit shall be obtained from the city and construction of fences and retaining walls must meet applicable requirements of the building codes; and
f. Corner lots may have a fence up to seven feet in height, enclosing the yard area opposite one of the side yards and along the street frontage, provided the fence does not extend into the remaining required front yard setback. Any fence, hedge, or wall placed within ten feet of a driveway may not exceed three feet in height for sight- obscuring solid material or four feet in height for nonobscuring open materials for the first ten feet behind the sidewalk.
3. Athletic Facilities. Fencing around athletic facilities, including, without limitation, tennis courts, may be fourteen feet in height so long as all portions above six feet are constructed with at least fifty percent nonopaque materials.
E. Reserved.
F. Screening. Trash collection and recycling areas, service areas, mechanical equipment and loading docks shall be screened on all sides so that no portion of such areas is visible from public streets and alleys and adjacent properties. Required screening may include new and existing plantings, walls, fences, screen panels, doors, topographic changes, buildings, horizontal separation, or any combination thereof.
G. Corner Lot Improvements. New development of corner lots shall include curb extensions in conjunction with on-street parking. All curb cuts shall be placed on each street frontage and not at a central location at the apex of the corner radius.
H. Street Furniture. Each new mixed-use or commercial development shall include all-weather benches and shall incorporate trash receptacles and raised planters along the front facades of structures, interior to the development. All street furniture shall coordinate with one another and with adjacent mixed-use developments.
I. Weather Shields. All new mixed-use or commercial development shall incorporate awnings, arcades or roof projections along pedestrian pathways to shield pedestrians from adverse weather conditions.
J. Miscellaneous. Security devices shall have materials and colors that complement the building’s material. Accessory structures shall be architecturally compatible with the primary development. Satellite dishes over eighteen inches shall not be placed in front yards.
Table 17-7-6.5. Architectural Standards
Materials | Configurations | Techniques |
|---|---|---|
Walls | ||
Building Walls: Pre-cast concrete, brick, split face or scored CMU, stone, granite, ceramic tile, architectural metals and nonreflective glass. Limited amounts of stucco/masonite. ≤ 3 materials shall be used for the primary wall surfaces on a building or fence.
Retaining Walls: Shall be of materials and color complementary to the building’s materials. | Traditional, time- and weather-tested materials. Blank facades may not exceed 30' in length. 5' facade shift every 30'.
Traditional, time- and weather-tested materials. | Earth tones to colors with some white and gray tones. Trim around openings may be in an accent color.
Earth tones to colors with some white and gray tones. |
Roofs | ||
Roofs & Dormers: All the roofs and dormer roofs of a building shall be constructed of the same material.
Cornices & Trim: Shall be made with a material and color complementary to building. | Slopes of roofs shall be of equal pitch when a gable or hip roof is employed. | Metal roofs must have a subdued color. Painted shingles are prohibited. |
Elements | ||
Miscellaneous: Security devices shall have materials and colors that complement the building’s material. Accessory structures shall be architecturally compatible with the primary development. Weather shields required. Ground floor architectural separation req’d. | Satellite dishes over 18'' shall not be placed in front yards. Awnings shall not be backlit.
Over all pedestrian pathways. | External lights shall be of pedestrian scale, of uniform theme, and located and used to avoid light trespass. Awnings, arcades or roof projections. |
(Ord. 2019-06 § 1 (Att. B); Ord. 2016-15 § 1 (Att. A); Ord. 8/10/2004O-25 § 1(2); Ord. 11-20-2001 § 2)
17-7-6.6 Landscaping.
The following landscaping standards apply to all new development and to the expansion by more than twenty-five percent of an existing building mass or site size in the zone:
A. Minimum Landscaped Area. The applicant shall landscape ten percent of the interior of the proposed development area. Building foundation landscaping is not interior landscaping. The applicant must landscape a minimum of ten feet between the side yard and the abutting property line when the side or rear yards are in public view.
B. Building Foundation Landscaping. The ground adjacent to the building foundation must be landscaped if it is visible from public vantage points.
C. Plant Materials. Areas requiring landscaping shall be planted with substantial, thematic, live plant material including: plants, shrubs, trees, sod, etc., for the purpose of buffering, screening, and improving the visual quality of the site.
1. Types of Vegetation. At least twenty-five percent of the landscaping must be evergreen. Up to twenty-five percent of the landscape area can include specialty paving, street furniture, and outdoor seating areas. Trees that are planted in the park strip shall meet the specifications described in the standard construction specifications of Midvale City.
2. Size of Trees. The following standards apply to the use of plant and tree material:
a. Deciduous Trees. All deciduous trees shall have a minimum caliper size of two inches.
b. Ornamental Trees. All ornamental trees shall have a minimum caliper size of one and one-half inches.
c. Evergreen Trees. All evergreen trees shall have a minimum height of six feet.
3. Professionally Designed and Installed Prior to Certificate of Occupancy. Landscaping shall be professionally designed and shall be installed with an automatic sprinkling system designed to cover all planted areas, with no runoff. The applicant must install required landscaping prior to issuance of a certificate of occupancy, unless seasonal conditions make installation unfeasible, in which case the applicant shall provide cash security or its approved alternative for all landscaping, which landscaping shall be installed by the following May 31st.
D. Irrigation/Planting Plan. The applicant must submit a landscape plan documentation package. The landscape documentation package shall be submitted to and approved by the city prior to the issue of any permit. A copy of the approved landscaped documentation package shall be provided to the property owner or site manager. The landscape plan documentation package shall consist of the following items:
1. Documentation.
a. Project Data Sheet. The project data sheet shall contain the following:
i. Project name and address;
ii. Applicant or applicant’s agent’s name, address, phone and fax number;
iii. Landscape designer’s name, address, phone and fax number; and
iv. Landscape contractor’s name, address, phone and fax number, if known.
b. Planting Plan. A detailed planting plan shall be drawn at a scale that clearly identifies the following:
i. Location of all plant materials, a legend with botanical and common names, and size of plant materials;
ii. Property lines and street names;
iii. Existing and proposed buildings, walls, fences, utilities, paved areas and other site improvements;
iv. Existing trees and plant materials to be removed or retained;
v. Designation of landscape zones; and
vi. Details and specification for tree staking (trees less than a two-inch caliper must be double staked until the trees mature to two-inch caliper), soil preparation, and other planting work.
c. Irrigation Plan. A detailed irrigation plan shall be drawn at the same scale as the planting plan and shall contain the following information:
i. Layout of the irrigation system and a legend summarizing the type and size of all components of the system;
ii. Static water pressure in pounds per square inch (psi) at the point of connection to the public water supply;
iii. Flow rate in gallons per minute and design operating pressure in psi for each valve and precipitation rate in inches per hour for each valve with sprinklers; and
iv. Installation details for irrigation components.
d. Grading Plan. A grading plan shall be drawn at the same scale as the planting plan and shall contain the following information:
i. Property lines and street names, existing and proposed buildings, walls, fences, utilities, paved areas and other site improvements;
ii. Existing and finished contour lines and spot elevations as necessary for the proposed site improvements;
iii. Grade shall slope away from the structure as required by the International Building Code.
2. Landscape Design Standards.
a. Plant Selection. Plants selected for landscape areas shall consist of plants that are well suited to the microclimate and soil conditions at the project site. Plants with similar water needs shall be grouped together as much as possible. For projects located at the interface between urban areas and natural open space (nonirrigated), extra-drought tolerant plants shall be selected that will blend with the native vegetation and are fire resistant or fire retardant. Plants with low fuel volume or high moisture content shall be emphasized. Plants that tend to accumulate excessive amount of dead wood or debris shall be avoided. Areas with slopes greater than thirty-three percent shall be landscaped with deep-rooting, water-conserving plants for erosion control and soil stabilization. Parking strips and other landscaped areas less than four feet wide shall be landscaped with water-conserving plants.
b. Mulch. After completion of all planting, all irrigated nonturf areas shall be covered with a minimum four-inch layer of mulch to retain water, inhibit weed growth, and moderate soil temperature. Nonporous material shall not be placed under the mulch.
c. Soil Preparation. Soil preparation will be suitable to provide healthy growing conditions for the plants and to encourage water infiltration and penetration. Soil preparation shall include scarifying the soil to a minimum depth of six inches and amending the soil with organic material as per specific recommendations of the landscape designer based on the soil conditions.
d. Turfgrass. Plan shall delineate turfgrass areas and include a calculation (%) of irrigated turfgrass not to exceed fifty percent of the landscaped areas. Turf areas shall be on a separate irrigation zone from other landscape zones.
e. Trees. Trees less than a two-inch caliper must be double staked until the trees mature to a two-inch caliper.
3. Irrigation Design Standards.
a. Pressure Regulation. A pressure-regulating valve shall be installed and maintained by the consumer if the static service pressure exceeds eighty pounds per square inch (psi). The pressure-regulating valve shall be located between the meter and the first point of water use, or first point of division in the pipe, and shall be set at the manufacturer’s recommended pressure for the sprinklers.
b. Automatic Controller. All irrigation systems shall include an electric automatic controller with multiple program and multiple repeat cycle capabilities and a flexible calendar program. All controllers shall be equipped with an automatic rain shut-off device, and the ability to adjust run times based on a percentage of maximum Eto.
c. On slopes exceeding thirty-three percent, the irrigation system shall consist of drip emitters, bubblers or sprinklers with a maximum precipitation rate of 0.85 inches per hour and adjusted sprinkler cycle times to eliminate runoff.
d. Each valve shall irrigate a landscape with similar site, slope and soil conditions and plant materials with similar watering needs. Turf and nonturf areas shall be irrigated on separate valve. Drip emitters and sprinklers shall be placed on separate valves.
e. Drip emitters or a bubbler shall be provided for each tree unless located in a turf area. Bubblers shall not exceed one and one-half gallons per minute per device. Bubblers for trees shall be placed on a separate valve unless specifically exempted by the city due to the limited number of trees on the project site.
f. Sprinklers shall have matched precipitation rates with each control valve circuit.
g. Check valves shall be required where elevation differences will cause low-head drainage. Pressure compensating valves and sprinklers shall be required where a significant variation in water pressure will occur within the irrigation system due to elevation differences.
h. Filters and end flush valves shall be provided as necessary for drip irrigation lines.
i. Valves with spray or stream sprinklers shall be scheduled to operate between six p.m. and ten a.m. to reduce water loss from wind and evaporation.
j. Program valves for multiple repeat cycles where necessary to reduce runoff, particularly on slopes and soils with slow infiltration rates.
k. Spacing of irrigation heads shall not exceed fifty-five percent of coverage diameter.
4. Plan Review and Construction Inspection.
a. As part of the site plan approval process, a copy of the landscape plan documentation package shall be submitted to the city for review and approval.
b. Following construction and prior to issuing the approval for occupancy, an inspection shall be scheduled with the planning department to verify compliance with the approved landscape plans.
c. The city reserves the right to perform site inspections at any time before, during or after the irrigation system and landscape installation, and to require corrective measures if requirements of this section are not satisfied.
E. Vegetation Protection. The property owner must protect existing significant vegetation during any development activity. Development plans must show all significant vegetation within twenty feet of a proposed development. Prior to certificate of occupancy, the property owner must demonstrate the health and viability of all large trees through a certified arborist.
F. Removal. No landscaping may be removed without replacement of equal or better quality. This shall include the installation of healthy plant materials as well as a tree for tree replacement as governed by this section.
G. Street Trees. In order to promote a uniform appearance within the zone, trees from the following selection will be incorporated into all approved development plans. A combination of trees from this list shall be planted within the front yard setback.
1. Silktree (Albizia julibrissin);
2. Redbud (Cercis canandensis);
3. Korean Dogwood (Cornus kousa);
4. Japanese Stewartia (Stewartia Pseudocaniellea);
5. Weeping Juniper (Juniperus scopulorum “Tolleson’s”).
H. Utilities. All utilities within the proposed development shall be buried. The owner shall install conduit within the development’s proposed right-of-way for the eventual burial of overhead utilities throughout the overlay district. If the planning commission finds, upon the review and recommendation of the city engineer, that such installation is not feasible at the time of development, the applicant shall bond for the future installation of said conduit. All underground conduit shall be installed in conformance with city standards as identified in city construction standards and specifications. (Ord. 2019-06 § 1 (Att. B); Ord. 12/03/2002A § 1; Ord. 11-20-2001 § 2)
17-7-6.7 Parking.
An applicant for new development or the expansion by more than twenty-five percent of an existing building mass or site size in the zone must provide off-street parking with adequate provisions for independent ingress and egress by automobiles and other motorized vehicles according to the parking requirements set forth in the mixed-use zone. The planning commission shall grant a reduction of up to thirty-five percent of required parking upon an applicant’s demonstration of opportunities for shared parking within a mixed-use development. (Ord. 11-20-2001 § 2)
17-7-6.8 Signs.
Only two sign types are permitted per building unless specifically approved by the planning commission through the conditional use review process. In mixed-use developments, signage for each application must comply with an approved theme, which is uniform throughout the proposed development, and which complements the approved signage of near or adjacent pedestrian-oriented development. If a regulated sign type is not specifically designated, it is prohibited.
Table 17-7-6.8. Signs
Sign Type | Sign Area Max. | Height Max. | General Restrictions |
|---|---|---|---|
A-frame | 6 s.f. | 4' | One per ground level tenant. Must not impede pedestrian movement. |
Awning/ Canopy | 5% of wall surface; 80% of width | 80% of vertical drip | Constructed of canvas-like materials or architectural metal. Design and color to relate to storefront. May extend 5' from facade at least 8' above sidewalk. |
Campaign | 32 s.f. | 6' | Removed within 15 days from final voting day. 3' max. height in clear view triangle. |
Construction | 32 s.f. | 12' | Removed prior to certificate of occupancy. |
Directional | 4 s.f. | 3' | Located at drive entrances and on-site only. |
Flat or Wall (includes window) | Sign 1: 15% of wall surface; Signs 2—3: combined signage 5% of wall surface | n/a | Must be attached to main building. All signs attached to facade, including awning signs, window signs and wall signs, determine area. |
Monument | 32 s.f. | 6' (total) | At least 1 foot of pedestal. May be placed on berm, w/ top of sign ≤ 9'; 3' max. height in clear view triangle; ≥ 3' from sidewalk. |
Name Plate | 3 s.f. | n/a | Must be attached to main structure. |
Projecting Wall | 12 s.f. | ≥ 8' above sidewalk | Project ≤ 4' from facade. |
Real Estate | 32 s.f. | 12' | 3' max. height in sight distance triangle. |
Suspended | 60 s.f. | n/a | Sign area is one square foot per lineal foot of building. |
Temporary | See text. | ||
Window | 25% of window area | See text. |
A. Flat/Wall Signs.
1. Up to three building walls may be used for flat or wall signage. The maximum sign area shall be fifteen percent of the wall surface of the front of the building, five percent for the side, and five percent for the back or side. The following four types of wall signs are allowed; all others are prohibited:
a. An externally illuminated aluminum sign panel with cut-out and/or channel letters illuminated by a specified cut-off floodlight fixture mounted to the building.
b. An internally illuminated aluminum sign panel with cut-out and/or reverse channel letters illuminated by neon tubes or fluorescent lamps behind the sign panel and/or letters.
c. An externally illuminated individually fabricated channel letter form using a specified cut-off floodlight fixture mounted to the building.
d. An internally illuminated channel letter mounted to the building.
2. Subject to the wall sign area and type restrictions found herein, businesses that lack suitable wall area upon which to mount a flat or wall sign may instead place the sign on a gabled roof so long as the sign does not project above the roof line. For the purposes of this section, a building elevation that qualifies under this subsection is a side of a standalone structure with less than one hundred feet of wall area.
B. Awning/Canopy Signs. All awnings and canopies shall be constructed of a canvas-like material or architectural metal. The design and color shall relate to the storefront design. No awning or canopy sign may extend more than five feet over the sidewalk and shall be at least eight feet above the sidewalk. Awnings and canopies that are utilized for signage shall use contrasting letters that are painted, applied or sewn onto the vertical drip or panel of the awning or canopy. The maximum sign area of an awning/canopy sign is the greater of sixteen square feet or five percent of the area of the wall to which it is attached. Letters shall not occupy more than eighty percent of the width or the height of the vertical drip or panel. The sign area used for a canopy sign shall be included in any calculation of wall sign area.
C. Projecting Signs. One projecting sign may be attached to the building perpendicular to the facade facing the sidewalk per ground level tenant space. A projecting sign shall be made of a rigid material with the bracket and sign panel relating to the storefront design. Projecting signs may not exceed twelve square feet in size, project more than four feet from the facade, and must be at least eight feet above the sidewalk.
D. Door/Window Signs. Door and window signs are permitted as follows:
1. Lettering and logos may be applied directly onto storefront windows. This includes white gold leaf, applied vinyl, painted, etched or sandblasted.
2. Retail, service and restaurant establishments are permitted to use window-mounted signs advertising current sales or specials, subject to applicable sign area restrictions, so long as they do not disrupt the visibility from employee stations to the parking area or of law enforcement personnel into the business.
3. One neon or LED sign may be mounted in each window subject to applicable sign area restrictions. One electric changeable copy sign is permitted per business subject to applicable safety and sign area restrictions and best practices. Signs that make use of crawling or flashing copy or text, or simulate traffic signs or traffic messages, are prohibited.
4. The total area of window signs (including lettering and logos) shall not exceed twenty-five percent of the window area on which it is located.
5. Storefront windows and doors shall be limited to a maximum of two square feet of coverage with stickers, credit card decals, hours of operation, etc.
6. There may be one window sign listing the names of second-floor tenants near street-level entrances. This sign shall not exceed six square feet and is not to be included in the twenty-five percent allowance.
E. Suspended Signs. Suspended signs shall be located near the entrance to the business/tenant space and may be used in place of rather than in conjunction with a wall sign. The maximum sign area is one square foot per each linear foot of building elevation on which the sign is located, not to exceed sixty square feet. Signs shall be located so as to emphasize design elements of the buildings. No suspended sign shall be less than eight feet above the sidewalk.
F. Monument Signs. One monument sign may be allowed per street frontage. A monument sign shall not exceed thirty-two square feet or six feet in height with a minimum one-foot pedestal, and shall be located in a landscaped area associated with a project entry or focal point. The sign may be located on a berm provided the top of the sign does not exceed nine feet in height above finished grade. Monument signs shall not be constructed within the clear view area and shall be set back at least three feet from a public sidewalk and property lines. The sign shall have, as the prominent feature, the name of the development (i.e., “Midvale Village,” “Midvale Plaza,” etc.). It is intended that the top two feet of the sign area be utilized to identify the name of the development. All other lettering shall be no taller than four inches in height. The lettering font style for tenant identification shall be the same for all tenants within the proposed development. Monument signs shall be constructed with materials similar to that of the main building.
G. A-Frame Signs. One freestanding A-frame signboard per ground level tenant may be placed on private property within close proximity to a pedestrian way, or on a public or private sidewalk of at least ten feet in width, provided the sign does not interfere with pedestrian movement. The signboard copy space shall not exceed three feet in height and two feet in width with a maximum sign height of four feet.
H. Clearance and Setbacks. The following standards apply:
1. At intersecting streets all signs shall be located outside of the clear view area.
2. For signs over pedestrian ways, the clearance between the ground and the bottom of any projecting or ground sign shall not be less than eight feet.
3. For signs over driveways for vehicular traffic, the minimum clearance shall be fourteen feet.
4. All monument signs shall be a minimum of three feet from a public sidewalk or property line.
I. Temporary Signs. The following provisions regulate the use of temporary signs. If a temporary sign type is not specifically designated, it is prohibited.
1. Attachment. Temporary signs may not be permanently attached to the ground, buildings or other structures.
2. Banner Signs. One banner sign attached in a temporary manner is allowed per primary building wall or on-site fence/wall. Banners may not exceed forty-eight square feet, and must be mounted flush on the wall or fence with all corners securely fastened to the wall or fence. Banners must be kept in a good condition at all times, i.e., tattered, torn, or faded banners must be removed. A temporary sign permit is not required. A banner may not be used as primary signage for a business for more than three months from the business opening.
3. Grand Opening Events Signs. Promotional signage, such as pennants, streamers, banners, balloon signs, and inflated sign displays, may be used for grand opening events for new businesses. Such promotional signage must be initiated within the first three months of a new business receiving a certificate of occupancy, and may be used for a maximum of thirty consecutive days. Said signs shall be used in such a manner so as not to constitute a safety hazard. A temporary sign permit shall be required. Promotional signage shall not include illuminated signs or devices.
4. Feather Flags. A maximum of one feather flag is allowed per business in a multitenant building. One feather flag per fifty feet of frontage or a maximum of five are allowed for stand-alone businesses. Feather flags may be displayed on private property for a period of fourteen consecutive days per calendar quarter up to four times per calendar year, with a maximum height of twelve feet. A temporary sign permit shall be required for each display period.
J. Outdoor Advertising. The following provisions regulate the use of bus benches, shelters, ad stands and newspaper stands.
1. Bus Benches and Shelters.
a. Construction. Benches and shelters shall be constructed of durable materials and shall be kept in good repair. Shelter materials shall be black in color. Benches and shelters which are in disrepair or are unsafe or unstable will not be permitted and may be removed by the city. A concrete pad (not to extend beyond the footprint of the bench or shelter by more than one foot) and paved access (three feet in width) to the curb will be required for all benches and shelters (see diagram below). A bench may utilize concrete already installed in the park strip. Benches and shelters must be securely fastened to the concrete pad to prevent their unauthorized removal. The existing concrete pad must be repaired, including removal of attachment bolts and repair of all holes by the bench sign company after removal. The business name and telephone number of the owner shall be printed on the bench or shelter in a conspicuous location.
b. Location. Benches and shelters may be located along dedicated public rights-of-way only at bus stops established by the Utah Transit Authority. Shelters must be located behind the sidewalk. All street improvements must be in place and the park strip must measure at least five feet in depth for a bench location. Bench signs shall be no closer than two feet from the curb in order to avoid injuries to persons waiting at the benches by the opening of doors of the bus. Benches and shelters shall not obstruct the sidewalks, roadways or other locations where the signs may pose a hazard to motorists or pedestrians. Benches and shelters installed by the Utah Transit Authority shall take priority at allowable locations. Benches and shelters to be placed on private property shall require a letter of approval from that property owner to be submitted to the city. The bench or shelter and an area within a ten-foot radius shall be maintained by the owner twice per week.
c. Area. The sign portion of a bench sign shall not exceed sixteen square feet in area (two-foot maximum height and eight-foot maximum width) and the sign portion of a shelter shall not exceed thirty square feet (six-foot maximum height and five-foot maximum width).
d. Density. No more than one bench or shelter shall be located at each Utah Transit Authority bus stop unless otherwise justified by the Utah Transit Authority because of heavy demand.
e. Insurance. Each bench or shelter company shall provide proof of liability insurance in the minimum amount of five hundred thousand dollars.
f. Permit. A temporary sign permit shall be approved and issued by the director of community and economic development or designee prior to the installation of a bench or shelter. A fee shall be paid for said permit for each bench or shelter as provided in Resolution 02/26/02C. The permit shall be valid for one year, renewing at the beginning of each fiscal year. Benches and shelters installed by the Utah Transit Authority or other public agencies shall be exempt from the payment of a fee. A change in the text of the sign for the bench or shelter or a substitution of benches or shelters shall not require the issuance of a new permit or the payment of an additional fee if the bench or shelter is placed in the same location as originally permitted.
g. Revocation and Removal. The issuance of a permit to locate a bench or shelter within the city of Midvale creates only a license, revocable upon a showing of cause by the city, and shall create no permanent rights of any kind. Each bench or shelter must be removed within fourteen days of written notification. Benches or shelters not moved within the fourteen-day period will be removed by the city at the owner’s expense. Removal expense per bench shall be calculated based on using a two-man crew and one truck for one hour.
2. Newspaper and Ad Stands.
a. Construction. Newspaper and ad stands shall be constructed of durable materials and shall be kept in good repair. Newspaper and ad stands must be securely fastened to a concrete pad either in the park strip or behind the sidewalk to prevent their unauthorized removal. The concrete pad must be repaired, including removal of attachment bolts and repair of all holes after removal. The business name and telephone number of the owner shall be printed on the stand in a conspicuous location.
b. Location and Density. Newspaper and ad stands may be located along dedicated public rights-of-way only at bus stops established by the Utah Transit Authority. All street improvements must be in place and the park strip must measure at least five feet in depth. There shall be no more than three stands per established bus stop. The stand may not be located adjacent to any mailbox, post, pole or monument and shall not impede or interfere with reasonable use of pedestrian traffic, display windows or building entrances or the reasonable use of any fire hydrant, traffic signal box or emergency call box.
c. Advertising. No advertising is allowed on the exterior except a logo or other information identifying the publication.
d. Permit. A temporary sign permit shall be approved and issued by the director of community and economic development or designee prior to the installation of a newspaper or ad stand. A fee shall be paid for said permit for each newspaper or ad stand as provided in Resolution 02/26/02C. The permit shall be valid for one calendar year. A substitution of newspaper or ad stands shall not require the issuance of a new permit or the payment of an additional fee if the newspaper or ad stand is placed in the same location as originally permitted.
e. Revocation and Removal. The issuance of a permit to locate a newspaper or ad stand within the city of Midvale creates only a license, revocable upon a showing of cause by the city, and shall create no permanent rights of any kind. Each newspaper or ad stand must be removed within fourteen days of written notification. Newspaper or ad stands not moved within the fourteen-day period will be removed by the city at the owner’s expense. Removal expense per stand shall be calculated based on using a two-man crew and one truck for one hour. (Ord. 2015-13 § 1 (Att. A); Ord. 5/1/2007O-5 § 1; Ord. 11/23/2004O-34 § 1(2); Ord. 10/28/2003O-11 §§ 1(1, 2, 4); Ord. 3/18/2003O-1 § 1; Ord. 3-19-2002A § 1(8); Ord. 11-20-2001 § 2)