Street Zone SSC
This chapter provides standards for the development of land parcels within the State Street zone and is intended to facilitate development that promotes quality growth, fosters complementary development, increases property values, and catalyzes new opportunities for retail, residential, and other commercial uses. This chapter informs owners of the standards that will be applied in approving or disapproving proposed developments. The goal is to:
A. Facilitate transition of the State Street corridor from underdeveloped commercial parcels to a more vibrant mix of commercial and residential uses;
B. Provide an identifiable entry corridor for the city;
C. Assure and enhance the investment of State Street property owners;
D. Promote economic development;
E. Protect surrounding neighborhoods from the potential adverse effects of more intense land uses; and
F. Require thematic landscaping to provide a distinctive visual quality to the area;
G. Promote enhancement of building frontages and side yards to activate storefronts and ground level facades, to increase sidewalk widths to provide additional space for gathering, dining, shopping, and other amenities which encourage a walkable pedestrian realm. (Ord. 2024-11 § 1 (Att. A); Ord. 11-20-2001 § 2)
If a use is not specifically designated, it is prohibited. Uses designated with an asterisk (*) have additional use-specific standards included in subsection (A) of this section. Some uses have additional standards included in Chapter 17-6, Supplementary Regulations.
Table 17-7-7.2. Uses
Type | Allowed | Administrative | Conditional | Business License |
|---|---|---|---|---|
Accessory Building—Unoccupied, Single Family only | X | |||
Alcoholic Beverage | ||||
Class A License | X | X | ||
Class B License | X | X | ||
Class C Tavern | X | X | ||
Restaurant | X | X | ||
Package Agency | X | X | ||
Private Club | X | X | ||
State Liquor Store | X | |||
Animal Hospital | X | X | ||
Assembly Use | X | X | ||
Assisted Living Facility | ||||
≤ 1 acre | X | X | ||
> 1 acre | X | X | ||
Auditorium, Assembly Hall | X | X | ||
Bed and Breakfast | X | X | ||
Cafe/Deli | X | X | ||
Car Wash | X | X | ||
Child Care | ||||
≤ 6 children | X | X | ||
≥ 7 children | X | X | ||
Commercial Repair Services | X | X | ||
Dwellings | ||||
Single Family | X | |||
Duplex | X | |||
Multifamily | ||||
≤ 1 acre | X | |||
> 1 acre | X | |||
External Accessory Dwelling Unit* | X | |||
Entertainment Center | X | X | ||
Fences | ||||
7' or less | X | |||
> 7' | X | |||
Financial Institution | ||||
W/drive-up window | X | X | ||
W/o drive-up window | X | X | ||
Heliport | X | X | ||
Home Occupation | X | X | ||
Hotel/Motel | X | X | ||
Internal Accessory Dwelling Unit* | X | |||
Itinerant Merchant | ||||
Vending Carts | X | X | ||
Seasonal Food Stands | X | X | ||
Christmas Tree Sales | X | X | ||
Fireworks Stands | X | X | ||
Seasonal Produce Stands | X | X | ||
Seasonal Flower Stands | X | X | ||
Kennel, Commercial | X | X | ||
Manufactured Home | X | |||
Master Planned Development | X | |||
Medical Cannabis Pharmacy* | X | X | ||
Mixed-Use | X | X | ||
Mortuary, Funeral Home | X | X | ||
Municipal Facilities | ||||
Parks | X | |||
Public Safety Facility | X | |||
Public Utilities | ||||
Minor | X | |||
Major | X | |||
Recreational Facilities | X | |||
Trails | X | |||
Nursery, Commercial | X | X | ||
Office | ||||
General | X | X | ||
Intensive and Clinical, Medical | X | X | ||
Outdoor Dining | X | X | ||
Outdoor Storage | X | |||
Parking Lot | ||||
Commercial | X | X | ||
Private | X | |||
Pre-Existing Landscaping | X | |||
Pre-Existing Lighting (outdoor) | X | |||
Pre-Existing Lot | X | |||
Pre-Existing Structure | X | |||
Pre-Existing Use | X | |||
Quasi-Public Facilities | X | X | ||
Radio Station | X | X | ||
Recreation Facility | ||||
Commercial | X | X | ||
Private | X | |||
Religious/Educational Institute | ||||
Permanent | X | X | ||
Temporary | X | X | ||
Restaurant | ||||
W/drive-up window | X | X | ||
W/o drive-up window | X | X | ||
Retail and Service Commercial | ||||
W/drive-up window | X | X | ||
W/o drive-up window | X | X | ||
24 hour use | X | |||
Self-Service Storage Facility | X | X | ||
Shopping Center | X | X | ||
Telecommunications Facility | X | |||
Transportation Facility | ||||
Major | X | |||
Minor | X | |||
Rental | X | X | ||
Sales (Minor) | X | X | ||
Sales and Service (Major) | X | X | ||
Filling Station | X | X | ||
Repair | X | X | ||
Warehouse/Distribution | X | X |
A. Additional Use-Specific Standards.
1. Medical Cannabis Pharmacy.
a. Proximity Restrictions.
i. A medical cannabis pharmacy use shall meet the proximity requirements as specified and amended in Section 26-61a-301 of the Utah Code Annotated.
b. Application Requirements.
i. An applicant for a medical cannabis pharmacy use must provide a description of the physical characteristics of the proposed facility, including a site plan, floor plan, architectural elevations, and a security plan as part of the business license application for the use. Fencing and security devices must comply with applicable city requirements.
ii. When proximity restrictions include area in an adjacent municipality, an applicant for a medical cannabis pharmacy use shall obtain a letter from the adjacent municipality indicating proximity restrictions within this title are satisfied based on existing uses in the area in the adjacent municipality prior to issuance of a business license.
c. Signage. In addition to those requirements within this title, all signage associated with a medical cannabis pharmacy use shall comply with any requirements imposed by the state of Utah.
2. Internal Accessory Dwelling Unit.
a. An IADU may only be constructed on a lot with one detached single family dwelling. The property owner must occupy one of the dwelling units on the property as their permanent residence for as long as the IADU remains on the property.
b. The IADU must conform to all applicable standards in the building, plumbing, electrical, mechanical, fire, health, and any other applicable codes. A building permit is required prior to engaging in any construction activity on an IADU.
c. Installing separate utility meters or separate addresses for an IADU is prohibited.
d. Any additions to an existing building must comply with the development standards within this chapter.
e. An IADU must provide off-street parking as described within this chapter.
f. An IADU may not be constructed within a mobile home or manufactured home.
g. An IADU may not be constructed on a lot with a total square footage of six thousand or less.
h. Prior to issuance of a certificate of occupancy for an IADU, the property owner must record a notice against the property’s title that includes:
i. A description of the primary dwelling;
ii. A statement that the property contains an IADU; and
iii. A statement that the IADU may only be used in accordance with this title.
i. An IADU may not be rented or leased for a period of less than thirty consecutive days.
j. Only one IADU is permitted on each property.
3. External Accessory Dwelling Unit.
a. An EADU may only be constructed on a lot with one detached single family dwelling. The property owner must occupy one of the dwelling units on the property as their permanent residence for as long as the EADU remains on the property.
b. The EADU must conform to all applicable standards in the building, plumbing, electrical, mechanical, fire, health, and any other applicable codes. A building permit is required prior to engaging in any construction activity on an EADU.
c. Installing separate utility meters or separate addresses for an EADU is prohibited.
d. An EADU must comply with the standards in Section 17-7-2.8.
e. An EADU must provide off-street parking as described within this chapter.
f. An EADU may not be constructed on the same lot as a mobile home or manufactured home.
g. An EADU may not be constructed on a lot with a total square footage of six thousand or less.
h. Prior to issuance of a certificate of occupancy for an EADU, the property owner must record a notice against the property’s title that includes:
i. A description of the primary dwelling;
ii. A statement that the property contains an EADU; and
iii. A statement that the EADU may only be used in accordance with this title.
i. An EADU may not be rented or leased for a period of less than thirty consecutive days.
j. Only one EADU is permitted on each property. (Ord. 2025-16 § 1 (Att. A); Ord. 2025-14 § 1 (Att. A); Ord. 2025-06 § 1 (Att. A); Ord. 2024-27 § 1 (Att. A); Ord. 2021-19 § 1 (Att. A); Ord. 2020-02 § 1 (Att. A); Ord. 2016-15 § 1 (Att. A); Ord. 2015-05 § 1 (Att. A); Ord. 2014-04 § 1 (Att. A); Ord. 2012-08 § 1 (Att. A); Ord. 2011-09 § 1 (Att. A); Ord. 5/5/2009O-8 § 1 (Att. A); Ord. 8/10/2004O-25 § 1(7); Ord. 3-19-2002A § 1(3); Ord. 11-20-2001 § 2)
The following development standards apply to all new development in the zone:
A. Setbacks. New development shall comply with the following setbacks:
1. Front. The minimum front yard setback is ten feet, which shall consist of a ten-foot-wide sidewalk with tree wells and other urban design amenities. Additional setback beyond ten feet is permitted if the additional area provides space for outdoor dining, gathering, shopping, or other activating uses outlined in this chapter. Setbacks beyond ten feet are subject to the following exceptions:
a. Corner Lot Rule. Corner lots have two front yards, with a ten-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. Side. There is no side setback requirement, except as required by the International Building Code and landscape buffers. Allowed uses within the side setback include outdoor dining, gathering, and shopping.
3. Rear. There is no rear setback requirement, except as required by the International Building Code and landscape buffers.
B. Build-To Line. The front yard setback is the build-to line. At least fifty percent of the front facade must be built within three feet of the build-to line on all interior lots and at least thirty percent of the front facade must be built within three feet of the build-to line on all corner lots. Recessed plazas, courtyards and trellises are encouraged.
C. Height. The maximum height for a structure is fifty-five feet for a pitched roof or fifty-two feet for a flat roof, and may extend up to seventy-five feet for a pitched roof or seventy-two feet for a flat roof for portions of the structure more than fifty feet from a single family residential zoning district.
D. Building Orientation. The entrances of all buildings shall front onto public streets. However 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. 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.
E. Maximum Footprint. No structure in a mixed-use development shall have a footprint in excess of twenty thousand square feet.
F. Coverage. Buildings may cover up to eighty percent of the lot area.
G. Access Management. All new development and an expansion by more than twenty-five percent of an existing building mass or site size 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. 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.
4. New development or conversion of an existing residential use to a commercial use shall not propose parking in such a way that users may be allowed to back onto public rights-of-way.
5. Existing nonconforming driveways within the 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.
6. 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.
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. 2024-11 § 1 (Att. A); Ord. 2019-06 § 1 (Att. B); Ord. 2017-05 § 1 (Att. A); Ord. 2016-04 § 1 (Att. A); Ord. 2011-01 § 1 (Att. A); Ord. 11-20-2001 § 2)
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.
Unless exempted by subsection (L) of this section, 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. Precast concrete, brick, split face or scored CMU, stone, granite, ceramic tile, architectural metals and nonreflective glass (or similar quality, time- and weather-tested materials) are 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. Facades. Each facade facing a public right-of-way or a pedestrian pathway shall shift at least five feet every thirty linear feet. No facade facing a public right-of-way or a pedestrian pathway shall be blank (without fenestration) for more than thirty feet. For building sides fifty feet in length, building breaks in the facade are required. These may include building articulations, balconies, or changes in material.
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. Openings. The following standards apply to openings of all structures:
1. Entry Doors. Entry doors must be constructed of wood, anodized or painted aluminum, steel or brass and face the front yard or be placed within three feet of the front facade. Entry doors must be covered by a roof and must be a primary element of the front of the structure. Security doors and devices must complement the building design and present an attractive appearance during hours of operation. Structures on corner lots shall have two front entries, with an entry door addressing each street. Security doors and screens must complement the building.
2. Windows. Window shapes and sizes shall be designed to be compatible with adjacent architecture and shall support the architectural style of the building they are in. Window frames shall be wood, anodized or painted aluminum, steel, brass or vinyl. Tinted windows or windows with reflective film or glass are prohibited at street level.
E. Fences, Hedges and Walls. The following standards apply to new development of fences, hedges and walls:
1. Required Setbacks. 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, 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. Only one fence or wall shall be allowed per property line. Double fences, walls or combinations thereof are prohibited; and
e. 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 sight distance 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; and
d. A temporary fence on a construction site may be as high as required to protect the property during the period of construction.
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.
F. Reserved.
G. 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.
H. 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. Building corners must be enhanced by utilizing at least three of the following: railings, coordinated pavers, public art, signage, lighting, or planters.
I. Street Furniture. Each new mixed-use or pedestrian-oriented 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. Street furniture shall coordinate with one another and with adjacent mixed-use developments, and shall not be used for advertisement.
J. Outdoor Dining. Outdoor dining is allowed provided it complies with the following:
1. The dining area shall be located on private property or leased public property and shall not diminish required parking or landscaping.
2. The dining area shall not impede pedestrian circulation or emergency access. A minimum of a five-foot walk aisle must be provided.
3. The outdoor furnishings shall be compatible with the streetscape and associated building.
4. No music or noise shall be in excess of the city noise ordinance. Outdoor music shall not be audible off premises.
5. No use after ten-thirty p.m. and before seven a.m.
6. No part of the outdoor dining area shall be located within twenty feet of any existing residential use (measured from the edge of the outdoor dining area to the closest property line of the residential use), unless the residential use is part of a mixed-use building or the outdoor dining area is separated from the residential use by a commercial building.
7. Cooking facilities shall be located within the primary building. No cooking utilities, including grills, shall be permitted in the outdoor dining area.
8. The outdoor dining area shall be kept in a clean condition and free of litter and food items which constitute a nuisance to public health, safety and welfare.
K. 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.
Table 17-7-7.5. Architectural Standards
Materials | Configurations | Techniques |
|---|---|---|
Walls | ||
Building Walls: Precast 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. | Traditional, time- and weather-tested materials. Blank facades may not exceed 30' in length. Facades must shift 5' every 30'. | Earth tones, to colors with some white and gray tones. Trim around openings may be in an accent color. |
Retaining Walls: Shall be of materials and color complementary to the building’s materials. | Traditional, time- and weather-tested materials. | 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 | ||
Entry Porches: Front steps shall be constructed of durable materials. 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 required. |
|
|
L. Single Family and Duplex Dwellings. Single family and duplex dwellings are only subject to the requirements of this section if one of the following is met:
1. The property is located in a historic district established before January 1, 2021;
2. The property contains a structure listed in the State and National Register;
3. The property is subject to a development agreement with design standards;
4. The property is located in a residential area developed before 1950;
5. The property is located in a planned unit development plat or overlay zone granted for increased density or other benefit not available under the zone. (Ord. 2024-11 § 1 (Att. A); Ord. 2022-03A § 1 (Att. F); Ord. 2019-06 § 1 (Att. B); Ord. 2016-15 § 1 (Att. A); Ord. 8/10/2004O-25 § 1(2); Ord. 11-20-2001 § 2)
The applicant shall professionally landscape the lot, according to an approved landscape plan, as a condition precedent to receiving a certificate of occupancy for all commercial uses. The community development director shall evaluate landscape plans for all permitted uses. The planning commission shall evaluate landscape plans for conditional uses. Landscape plan approval is a condition precedent to issuance of a building permit for the parcel. The following landscaping standards apply to all new mixed-use, multifamily and commercial development in the zone and to the expansion by more than twenty-five percent of an existing building mass or site size:
A. Minimum Landscaped Area. The applicant shall landscape fifteen percent of the interior of the proposed development area. The applicant must landscape a minimum of ten feet between the side yard or rear 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 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.
D. Criteria for Reduced Landscaping. To encourage design excellence, the community and economic development director may decrease the minimum landscaped area, upon the following criteria:
1. Professionally designed landscaping, designs of special merit, xeriscaping and preserving existing mature, “healthy,” and desirable tree species are highly encouraged and considered in an applicant’s request to reduce required landscaping.
2. The community and economic development director may grant a reduction of an applicant’s landscape requirement by a total of up to twenty-five percent upon an applicant’s demonstration of the criteria listed below:
a. Professionally Designed Landscaping. Up to ten percent if the applicant implements a landscaping plan designed and prepared by a licensed landscape architect.
b. Landscape Designs of Special Merit. Up to twenty percent if the overall landscape design is of special design merit. Special design merit is interpreted to include but not be limited to such things as utilizing unique or rare plant species, civic art such as sculpture, and features using recycled water.
c. Existing Mature Trees. Up to twenty-five percent if the applicant proposes to save and integrate existing mature trees into required landscape areas. For each tree greater than two inches of caliper size, one-half of one percent of the total landscaped area requirement can be subtracted with a maximum of five percent for each tree.
d. Berms. Up to ten percent through the use of berms, according to the following specifications. For parking lots adjacent to any public right-of-way, seventy percent of the street-side landscaping requirement shall be in the form of a berm for screening. The berm shall have a slope of one foot high per four feet wide with a maximum height of four feet.
E. Installation/Certificate of Occupancy. The applicant must install required landscaping as follows:
1. With an automatic sprinkling system designed to cover all planted areas with no runoff;
2. Trees less than a two-inch caliper must be double staked until the trees mature to two-inch caliper; and
3. 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.
F. 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.
G. 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.
H. 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.
I. Residential Buffer. New development shall provide a landscaped buffer to separate residential uses from commercial and industrial uses.
1. Landscaped Buffer Area. The landscape buffer area must be a minimum of thirty feet wide to provide adequate screening, buffering, and separation of these uses. The landscape treatment should use a combination of distance and low level screening to separate the uses to soften the visual impact of the commercial or industrial use. The thirty-foot buffer area may be shared between adjoining properties, upon adequate proof of reciprocal easements to preserve and maintain the buffer area. The landscaped buffer area shall include a minimum of one tree for every two hundred fifty square feet.
2. Fully Sight-Obscuring Fence. The planning commission shall require complete visual separation from residential uses if it determines that complete screening is necessary to protect abutting uses, and landscaping is not practical. Such fence must be a minimum of six feet high (up to eight feet if warranted and approved by the planning commission) and completely sight-obscuring. Fences may be of wood, metal, bricks, masonry or other permanent materials.
J. Street Frontage Tree Requirements. An applicant shall provide at least one street tree for each thirty lineal feet of frontage. Street frontage trees may be clustered or spaced linearly in the park strip as provided in an approved landscape plan.
K. Minimum Number of Trees. A minimum of one tree for every four hundred square feet of landscaping is required for all areas that are not on street frontage or adjacent to residential areas.
L. Upgrading Pre-Existing Landscaping. The applicant must bring pre-existing landscaping into compliance with this code upon an increase of more than twenty-five percent of the current building mass or site size.
M. Crime Prevention Through Environmental Design (CPTED). The plan must demonstrate how CPTED principles will be used in the design and layout of buildings, streets, accesses and open space areas. Design shall promote natural surveillance, access control, territorial reinforcement, sense of ownership, and maintenance. CPTED landscaping guidelines shall be used, including planting shrubs with a maximum height of three feet and trees with a proper ground clearance of six feet above walkways and sidewalks and eight feet above vehicular travel and parking lanes. To encourage public safety through natural surveillance, natural access control, and territorial reinforcement, blank walls are not permitted adjacent to streets, pedestrian areas, and open space amenities. Symbolic barriers, such as low lying fences/walls, landscaping and signage shall be used to discourage crime and to promote safety. Ground floor parking garages shall not be permitted immediately adjacent to streets. Developments shall have street side building elevations, with extensive windows, and with balconies, decks or landscape terraces encouraged.
Table 17-7-7.7. Landscaping Requirements
Area | Requirement | Specifications |
|---|---|---|
Front | 15' landscaped setback | • 1 tree per 30' (linear) of frontage • Trees may be clustered • Deciduous trees, 2" caliper minimum • Evergreen trees, 6' minimum height |
Side | 10' landscaped setback in public view | • 1 tree per 400 s.f. • Deciduous trees, 2" caliper minimum • Ornamental trees, 1.5" caliper minimum • Evergreen trees, 4' minimum height |
Rear | 10' landscaped setback | • 1 tree per 400 s.f. • Deciduous trees, 2" caliper minimum • Ornamental trees, 1.5" caliper minimum • Evergreen trees, 6' minimum height |
Parking • > 4 ≤ 10 stalls • > 10 stalls • > 15 stalls | Perimeter landscaping of at least 5' in width Minimum of 10% interior landscaping. A landscaped island for every 15 spaces; perimeter landscaping of at least 5' in width and a minimum of 10% interior landscaping | For all parking areas: • Deciduous trees, 2" caliper minimum • Ornamental trees, 1.5" caliper |
Overall Site | 15% of site to be landscaped | • 25% of landscaping must be evergreen • 25% of landscaping may be specialty paving, street furniture and outdoor seating • All irrigation shall be automatic |
Residential Buffer | 30' between residential and commercial uses | • Minimum 1 tree for every 250 s.f. of buffer area • Minimum 6' masonry wall between commercial and residential uses |
(Ord. 2019-06 § 1 (Att. B); Ord. 2016-15 § 1 (Att. A); Ord. 12/03/2002A § 1; Ord. 11-20-2001 § 2)
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 as follows. 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.
Table 17-7-7.8. Parking
Uses | Parking Requirement (Number of Spaces) | |
|---|---|---|
Auditorium | 1 per 5 seats or 3 per 100 s.f. of assembly area | |
Bed and Breakfast Inn | 1 per bedroom plus 1 per employee per shift | |
Cafe/Deli | 3 per 1,000 s.f. of net leasable building area | |
Car Wash | ||
Self Serve | 3 stacking spaces per wash bay | |
Automatic Tunnel (primary) | 6 stacking spaces per wash bay | |
Automatic Tunnel (secondary) | 8 stacking spaces per wash bay | |
Child Care Facility/Center | 1 per on-duty staff per shift and 1 per 6 children | |
Convenience Store, Support Commercial Uses | 5 per 1,000 s.f. of net leasable building area | |
Duplex Dwelling | 2 spaces per dwelling unit | |
Entertainment Center | 1 per 4 seats or 5 per 1,000 s.f. of floor area, depending on type of facility | |
Financial Institution | 3 per 1,000 s.f. of net leasable building area | |
Group Care Facility | The greater of: 1 per 2 bedrooms plus 1 per employee per shift or 2 per 3 employees per shift | |
Hospital, Limited Care | 1 per 2 beds | |
Hospital, General | 3 per bed | |
Hotel | 1 per suite and 1 space per 200 s.f. of separately leasable space | |
IADU/EADU | 1 space per unit | |
Master Planned Development | Determined by planning commission, based on proposed uses and potential for shared parking | |
Mixed-Use | ||
Commercial Portions | Determined by most applicable use in this section | |
Residential Portions | 1.5 spaces per 1 bedroom unit; 2 spaces per 2 bedroom unit; 2.5 spaces per 3 bedroom unit and greater; plus 1 space per every 4 units for guest parking | |
Multifamily Dwelling | Apartment/Condominium not greater than 650 s.f. floor area | 1 per dwelling unit |
Apartment/Condominium 650 to 1,000 s.f. floor area | 1.5 per dwelling unit | |
Apartment/Condominium 1,000 to 2,500 s.f. floor area | 2 per dwelling unit | |
Apartment/Condominium 2,500 s.f. floor area or more | 3 per dwelling unit | |
Neighborhood Commercial | 2 per 1,000 s.f. of net leasable building area | |
Offices, General | 3 per 1,000 s.f. of net leasable building area | |
Offices, Intensive and Clinic, Medical | 5 per 1,000 s.f. of net leasable building area | |
Public and Quasi-Public Institution, Church and School; Public Utility | The greatest of: 1 per 5 seats, or 2 per 3 employees, or 1 per 1,000 s.f. | |
Recreation Facility, Private | 1 per 4 persons (based on the facility’s maximum rated capacity) | |
Recreation Facility, Commercial | The greatest of: 1 per 4 seats, 5 per 1,000 s.f. of floor area, or 1 per 3 persons rated capacity. For tennis- and pickleball-only facilities: 7 per court | |
Medical Cannabis Pharmacy | 3 for each 1,000 s.f. of net leasable building area | |
Retail & Service Commercial | 5 for each 1,000 s.f. of net leasable building area | |
Restaurant, Standard and Bar | 1 for every 100 s.f. of net leasable floor area, including kitchen areas | |
Restaurant, with Drive-up | 5 per 1,000 s.f. of net leasable floor area | |
Senior Affordable Housing | Not less than 1 space per dwelling unit; plus not less than 0.3 spaces per dwelling unit for guest parking | |
Shopping Centers, Multi-Tenant Retail Spaces | 3.5 per 1,000 s.f. of net leasable building area | |
Single Family Dwelling | 2 spaces per dwelling unit | |
Temporary Construction Sites | 1 for every 2 employees in the largest shift plus 1 for each vehicle used in conducting the business | |
Warehouse | 1 per 1,000 s.f. of floor area | |
Wholesale | 1 for every 2 employees in the largest shift plus 1 for each vehicle used in conducting the business and wholesale storage uses at 1 per 1,000 s.f. of floor area | |
A. Driveway Widths and Parking Lot Standards. The following driveway width dimensions and parking lot standards apply to all new development and to the expansion by more than twenty-five percent of an existing building mass or site size. The city engineer may approve minor variations (equal to or less than ten percent) in driveway width and spacing.
1. Parking. No parking is allowed within the required front yard.
a. If a parking lot or driveway to a parking lot is proposed to abut a residential use, the applicant must screen the lot or drive and provide adequate sight distance.
b. Required Landscaping. The following landscaping standards apply to new development:
i. Parking areas with more than four stalls must have perimeter landscaping of at least five feet in width;
ii. Parking areas with over ten stalls must have a minimum of fifteen percent interior landscaping;
iii. Parking areas with over fifteen spaces shall provide landscaped islands at the end of each parking row, an island for every fifteen spaces, perimeter landscaping of at least five feet in width, and a minimum of ten percent interior landscaping.
2. Driveway Standards. For all new development, driveways shall comply with the following standards:
a. No driveway shall be less than fifty feet from intersecting rights-of-way;
b. Commercial driveways that exceed fifteen feet in width at the lot frontage must be separated by a landscaped area of at least twelve feet in width and ten feet in depth.
i. One-Way Drive. The minimum one-way drive width is fifteen feet. The maximum one-way drive width is twenty feet.
ii. Two-Way Drive. The minimum two-way drive width is twenty feet. The maximum two-way drive width is thirty-six feet.
B. Parking Garages and Structures. Parking within a parking garage or structure requires:
1. Aisle. The minimum aisle width is twenty-four feet.
2. Circulation. The parking structure must be designed to ensure that each required parking space is readily accessible, usable and safe for automobiles and pedestrians.
3. Location. The parking structure shall not be located on a street frontage.
4. Architecture. Architectural relief shall be integrated into all facades to soften visual impacts and to provide a visual relationship with the surrounding structures.
C. Parking Ratio Requirements for Specific Land Use Categories. All new development shall provide parking according to the following standards. If a project incorporates two uses, the use requiring the higher number of parking spaces shall govern. Whenever the calculation results in a fractional number, the number of spaces required must be rounded up to the next whole number.
1. Surfacing. Parking areas and driveways must be hard-surfaced, maintained in good condition, and clear of obstructions at all times.
2. Parking Space Dimensions. All new commercial development shall provide parking spaces of the following minimum dimensions. The city engineer may approve minor (equal to or less than ten percent) variations in parking space dimensions.
a. Parking spaces must be nine feet wide by eighteen feet long;
b. ADA parking space width requirements vary and shall be consistent with current Building Code standards; and
c. Compact spaces with dimensions of nine feet wide by sixteen feet long may be provided. These spaces are not code spaces for the purpose of satisfying parking requirements.
3. Grading and Drainage. Parking shall be graded and constructed as follows:
a. Parking areas must be graded for proper drainage, with surface water diverted to keep the parking area free of accumulated water and ice;
b. Adequate control curbs must be installed to control drainage and direct vehicle movement;
c. Parking area drainage must be detained on site, treated (if required by NPDES), and channeled to a storm drain or gutter as approved by the city engineer;
d. Driveways may not exceed a ten percent slope;
e. Drives serving more than one single family dwelling shall provide a minimum twenty-foot transition area at no greater than two percent slope beginning at the back of the curb, or as otherwise approved by the city engineer, in anticipation of future street improvements; and
f. The maximum stormwater discharge level accepted by the city is two-tenths of a cubic foot per second per acre.
4. Street Access and Circulation. New commercial development shall provide the following:
a. Off-Street Parking. Off-street parking areas must have unobstructed access to a street or alley. The parking area design for five or more vehicles must not encourage cars to back onto adjoining public sidewalks, parking strips, or roadways. With the exception of permitted tandem parking, parking spaces shall be independently accessible and unobstructed. All off-street and structured/garage parking shall be located to the side or rear of the building to preserve street facing facades for transparency and pedestrian activity. Structured parking that faces a street shall be wrapped with commercial or office uses. Surface parking lots are not allowed if visible from the adjacent street. Guest parking shall not require a fee.
b. Corner Lots. No landscape obstruction is allowed in excess of two feet in height above street grade within the sight distance triangle. A reasonable number of trees with lower branches pruned to six feet to permit automobile drivers and pedestrians an unobstructed view of the intersection may be allowed by administrative permit.
c. Driveway Access. For corner lots, the triangular area is defined by the intersection of the road right-of-way, the line extending from the point-of-curve at the top-back-of-curb, and a line connecting them at points twenty-five feet from their intersection.
d. Drive-Through Developments. Applicants for all drive-up or drive-through service windows or facilities must provide sufficient stacking space for vehicles waiting for service, to prevent vehicles from waiting in the right-of-way.
e. Common Driveways. To encourage the location of parking in the rear yard and/or below grade, the city allows common driveways along shared side yards to provide access to parking if the owner restricts the deeds to both properties to preserve the shared drive in perpetuity.
f. Off-Street Loading Spaces. Every structure that is to be used for any purpose which involves the receipt or distribution of materials or merchandise by vehicle must provide and maintain adequate space for standing, loading, or unloading services off-street.
i. All such loading areas or berths shall be located so that no vehicle loading or unloading merchandise or other material shall be parked in any front yard or in any street or right-of-way.
ii. Loading docks and loading areas must be screened from adjoining property and public rights-of-way.
D. Calculation of Spaces. If a project incorporates two uses, the use requiring higher number of parking spaces shall govern. Whenever the calculation results in a fractional number, the number of spaces required must be rounded up to the next whole number.
E. The minimum required on-site parking must be provided for the use of the owner or tenant of a dwelling unit in a mixed-use project or a multifamily dwelling and their guests at no additional cost beyond the base sale or lease price of the dwelling unit.
F. Parking Lot Use. A parking lot shall only be constructed for uses allowed within the zone in which it is located. (Ord. 2025-16 § 1 (Att. A); Ord. 2025-06 § 1 (Att. A); Ord. 2025-02 § 1 (Att. A); Ord. 2024-11 § 1 (Att. A); Ord. 2022-09 § 1 (Att. D); Ord. 2021-19 § 1 (Att. A); Ord. 2020-19 § 1 (Att. A); Ord. 2019-06 § 1 (Att. B); Ord. 2015-06 § 1 (Att. B); Ord. 2015-05 § 1 (Att. A); Ord. 7/11/2006O-10 § 1 (Exh. A and C); Ord. 3/18/2003O-2 § 1; Ord. 11-20-2001 § 2)
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 zoning 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. 11-20-2001 § 2)
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 17-7-7.10. 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. |
Changeable Copy | 25% of sign | n/a | Changeable copy signs may be wall or monument signs. One changeable copy sign/business location. |
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 sign 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. |
Pole Banners | 2 ft. x 5 ft. | n/a | Must be attached to on-site light poles at top and bottom corners. Must hang vertically. One sign per pole. |
Projecting Wall | 12 s.f. | n/a | May extend four feet from facade perpendicular to facade. Must be 8' above sidewalk. One per ground level tenant. |
Real Estate | 32 s.f. | 12' | 3' max. height in sight distance triangle. |
Shopping Center | Pylon signs: 1.5 s.f./foot of frontage up to 300 s.f. Monument signs: 48 s.f. + 1 s.f./foot of frontage ≤ 96 s.f. | Pylon: 35' Monument: 6' | Min. shopping center area: 5 acres and 500' of frontage. One pylon sign for every 500' of frontage (500' separation). One monument sign for every 250' of frontage (250' separation). Decorative pylon cover required. Back to back sign faces ≤ 10°. |
Suspended | 60 s.f. | n/a | Sign area is one square foot per linear 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 for a multifamily project. 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. 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 the 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. Pole Banners. One pole banner sign per privately owned, on-site light pole may be used. Such signs shall be a maximum size of two feet by five feet, shall hang vertically, and shall be securely attached to the light pole at the top and bottom corners of the banner. Banners must be kept in good condition at all times, i.e., tattered, torn, or faded banners must be removed. A sign permit is required.
I. Shopping Center Signs. Shopping centers of at least five acres in size with at least five hundred feet of frontage may be allowed one pylon sign for every five hundred feet of frontage or one monument sign for every two hundred and fifty feet of frontage. Multiple pylon signs within a shopping center must have a minimum five-hundred-foot separation. Multiple monument signs within the shopping center must have a minimum two-hundred-fifty-foot separation. The pylon sign area may have up to one and one-half square feet for every foot of frontage, not to exceed three hundred square feet. The pylon sign height shall not exceed thirty-five feet. The entire length of the supporting poles must be covered in a substantial architectural cover which does not reflect the round nature of the pole beneath, with a minimum of the first third of that length being constructed of masonry to match the development. The cabinet must be set back a minimum of eighteen inches from the property line and the supports a minimum of five feet from the property line. The monument sign area may be forty-eight square feet plus one square foot for every one foot of frontage, not to exceed ninety-six square feet. The monument sign height shall not exceed nine feet. All other requirements for monument signs as included in subsection F of this section shall apply.
J. 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.
K. 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. Mobile Changeable Copy Signs. One mobile changeable copy sign may be used for each street frontage of a building for a maximum period of fourteen consecutive days, not to exceed twenty-eight days in a calendar year. Each sign shall require a temporary sign permit for each period. Said signs shall be in full conformance with all building and electrical codes. Said signs shall not exceed thirty-two square feet in size and six feet in height, and shall conform to all setbacks, clearances, and other general provisions of this title.
4. Balloon Sign/Inflated Sign Displays. One balloon sign or inflated sign display is allowed to be displayed on-site for a period of fourteen consecutive days per calendar quarter up to four times per calendar year. A temporary sign permit shall be required for each display period. The signs shall meet all minimum building setbacks for the zone, and shall be adequately tethered so as not to extend into the airspace above the public right-of-way or constitute a safety hazard.
5. 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.
6. Pennants/Streamers. Pennants and streamers are allowed to be displayed on-site for a period of seven consecutive days per calendar quarter up to four times per calendar year. Pennants and streamers shall be adequately fastened to structures on-site, and in such a manner so as not to constitute a safety hazard. A temporary sign permit shall be required for each display period.
7. 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.
L. 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, 3); Ord. 10/28/2003O-11 §§ 1(1—4, 7); Ord. 3/18/2003O-1 § 1; Ord. 3-19-2002A § 1(8); Ord. 11-20-2001 § 2)
The city shall not issue a conditional use permit unless the community and economic development department, in the case of an administrative conditional use, or the planning commission, for all other conditional uses, concludes that the application mitigates adverse impacts and complies with the following general standards applicable to all conditional uses, as well as the specific standards for the use.
A. General Review Criteria. An applicant for a conditional use in the zone must demonstrate:
1. The application complies with all applicable provisions of this title, state and federal law;
2. The structures associated with the use are compatible with surrounding structures in terms of use, scale, mass and circulation;
3. The use is not detrimental to the public health, safety and welfare;
4. The use is consistent with the general plan, as amended;
5. Traffic conditions are not adversely affected by the proposed use including the existence of or need for dedicated turn lanes, pedestrian access, and capacity of the existing streets;
6. Sufficient utility capacity;
7. Sufficient emergency vehicle access;
8. Location and design of off-street parking as well as compliance with off-street parking standards provided for in Section 17-7-7.7;
9. Fencing, screening, and landscaping to separate the use from adjoining uses and mitigate the potential for conflict in uses;
10. Compatibility of the proposed mass, bulk, design, orientation, and location of the structures on the site, including compatibility with buildings on adjoining lots and to the street;
11. Exterior lighting that complies with the lighting standards of the zone and is designed to minimize conflict and light trespass with surrounding uses; and
12. Within and adjoining the site, impacts on the aquifer, slope retention, flood potential and appropriateness of the proposed structure to the topography of the site.
B. Specific Review Criteria for Certain Conditional Uses. In addition to the foregoing, the community and economic development department and planning commission must review each of the following criteria when considering approving or denying an application for each of the following conditional uses:
1. Conditional Use.
a. Child Care Facility/Center. Each application for a child care facility or center must include:
i. City business license application, to be finalized upon approval;
ii. Compliance with state, federal and local law;
iii. A design which precludes a front yard playground and signage in excess of a two-square-foot nameplate; and
iv. A delivery, traffic and parking plan which adequately mitigates the adverse impacts of increased traffic generation on the neighborhood in which it is located.
b. Assisted Living/Senior Housing/Congregate Care. Each application for an assisted living, senior housing or congregate care use must comply with the following:
i. The maximum number of residents shall be:
(A) Eight for structures fronting on public streets smaller than collector streets; and
(B) Sixteen for structures fronting on public streets considered collector streets or larger.
ii. A complete application shall include:
(A) Proof of state license for assisted living, senior housing, congregate care, or its equivalent;
(B) A design, residential in character and architecturally compatible with the neighborhood, which adequately screens the use from neighboring lots and complies with Utah Department of Health standards;
(C) An outdoor lighting plan which adequately screens lighting to mitigate its impact on surrounding uses;
(D) A sign plan which includes no more than two square feet of signage for facilities on public streets smaller than collector streets, and monument signs not to exceed thirty-two square feet for facilities on public streets considered collector streets or larger; and
(E) A delivery, traffic and parking plan which adequately mitigates the adverse impacts of increased traffic generation on the neighborhood in which it is located. The parking plan should propose parking appropriate to the proposed use of the facility, which plan may propose parking below the standards listed in Section 17-7-7.7.
c. Self-Service Storage Facility. Each application for a self-service storage facility must comply with the following. The intent of these standards is to ensure the use does not negatively impact the surrounding community through its operation and appearance, while allowing utilitarian type standards in the interior of the facility.
i. Property Requirements.
(A) The minimum and maximum property sizes for a storage facility are three acres and five acres respectively.
(B) The property is limited to one public street frontage; corner lots may not be utilized for a self-service storage facility use.
ii. Interior Access Storage Unit Buildings. Interior access buildings include individual storage units that are primarily accessible from interior common corridors only; i.e., the majority of the individual storage units are accessed from interior common corridors and not directly from the exterior of the building. Self-service storage facilities with interior access storage unit buildings shall comply with the following standards:
(A) Buildings may be single- or multistory and must comply with the height standards of the State Street Zone.
(B) All development standards in Sections 17-7-7.4 through 17-7-7.10 are applicable.
(C) On-Site Manager. An office for an on-site manager shall be provided. A manager shall be available on site during operating hours.
(D) Hours of Operation. Hours of operation for the self-service storage facility shall be limited between seven a.m. and nine p.m. daily. Customers shall not be allowed to access storage units beyond this time period and the facility shall be secured. Signs shall be posted and information provided in rental agreements.
iii. Exterior Access Storage Unit Buildings. Exterior access buildings include individual storage units that are accessible from the outside of the building, including drive-up and walk-up doors. Self-service storage facilities with exterior access storage unit buildings and outdoor storage shall comply with the following standards:
(A) Office Building Component. A prominent office building component, as viewed from the public road, is required as part of the self-service storage facility use. The office building shall include space for an on-site manager, and may include a dwelling unit for an on-site manager. The office building shall comply with the architectural standards in Section 17-7-7.5. All storage unit buildings and outdoor storage areas shall be constructed behind the rear wall of the office building.
(B) Height. Storage unit buildings shall be single-story with a maximum height of twelve feet. Storage unit buildings constructed on the property perimeter shall not exceed ten feet in height.
(C) Exterior Colors. Building wall, roof and door colors shall be earth tone colors and may include some white and gray tones. Intense accent colors are prohibited, including bright primary colors regardless of corporate standards or preferences.
(D) Screening. Storage unit doors must be screened or located so they are not visible from the street or residential properties. Storage unit doors shall not directly face a street.
(E) Circulation. Units and drive aisles shall be designed and located to comply with fire and building code requirements, and allow vehicles to navigate around vehicles parked at storage units.
(F) Perimeter Wall. An eight-foot-high decorative masonry wall shall be constructed along the perimeter of the storage and storage unit area. The rear and sides of storage unit buildings may be used in place of the required wall, provided architecturally treated masonry materials are used and the planning commission determines the additional height does not negatively impact the adjacent land use. Walls and buildings shall be earth tone colors and compatible with area development. No storage unit building or perimeter wall shall be located closer than thirty feet from the public right-of-way.
(G) Gates. Decorative wrought iron gates shall be used for access into the self-storage facility. Gates shall be painted in a subdued color that coordinates with the rest of the development. The access drive design and gate location shall allow for adequate vehicle stacking for a minimum of two trucks with trailers without impeding pedestrians and motorists in the public right-of-way and business access and parking.
(H) Parking. Parking for the office use(s) plus five spaces for self-service storage facility customers shall be located outside the gated area. This parking shall comply with the parking standards in Section 17-7-7.8. A minimum fifteen-foot landscape setback from the public right-of-way is required for all parking areas.
(I) Landscaping. Landscaping shall be required in areas and locations that benefit the community. The amount of required landscaping shall be determined by the planning commission; however, landscaped areas and buffers are required, at a minimum: (1) within the required setback from the public right-of-way; (2) at the project entrance; and (3) other locations as determined by the planning commission. With the exception of the minimum landscaped area requirement in Section 17-7-7.7, the landscape plan shall comply with all other landscaping and irrigation standards in this section.
(J) Reserved.
(K) Full-Time Live-In Manager. A full-time live-in manager is required. A manager’s residence may be located within the required office building or within a stand-alone structure that is coordinated within the development area. At least one parking space shall be provided solely for the residence. A stand-alone structure shall be compatible with the self-service storage facility with regard to building height and exterior materials.
(L) Hours of Operation. Hours of operation for the self-service storage facility shall be limited between seven a.m. and nine p.m. daily. Customers shall not be allowed to access their storage units beyond this time period and the facility shall be secured. Signs shall be posted and information provided in rental agreements.
iv. Outdoor Storage Areas. Outdoor storage areas may be included as part of a self-service storage facility use with the following standards:
(A) Outdoor storage is considered a secondary use to the storage unit buildings and may not occur on its own.
(B) The area used for outdoor storage shall not exceed fifteen percent of the development area.
(C) The outdoor storage area shall be completely screened from outside the property by storage unit buildings or perimeter walls as required in subsection (B)(1)(c)(iii)(F) of this section.
(D) The outdoor storage area shall be surfaced with asphalt, recycled asphalt or concrete.
(E) The outdoor storage area may be used for the private storage of vehicles, as defined in Section 17-2-22. The storage of hazardous materials; wrecked, junk or impounded vehicles; construction materials; and discarded or unusable items is prohibited.
(F) Items stored within twenty feet of a perimeter wall may not exceed the height of the wall.
v. Additional Standards and Conditions. The following standards and conditions shall apply to all self-service storage facilities:
(A) No water or sewer shall be provided in individual storage units. Electrical service to individual units shall be for lighting and climate control only; no electrical outlets shall be provided.
(B) A security plan which adequately mitigates any adverse impacts associated with this use shall be reviewed and approved by Midvale City public safety, and implemented by the business owner.
(C) Facilities shall be maintained in a clean and orderly fashion at all times. Items shall not be stored in drive aisles or parking areas; all junk and debris shall be removed as soon as possible.
(D) Facilities shall not be used for any type of sales activities, i.e., auctions, garage/yard sales, sale of retail or wholesale merchandise, etc.
(E) The storage of flammable or explosive material; material which creates obnoxious dust, odor or fumes; or hazardous waste is prohibited.
2. Administrative Conditional Use.
a. Telecommunications Facility. This subsection applies to both commercial and private low-power radio services and facilities, such as “cellular” or “PCS” (personal communications system) communications and paging systems. Each application for a telecommunications facility shall comply with the following:
i. Wall-Mounted Antenna. Two types of wall-mounted antennas are allowed: stealth-mounted and non-stealth-mounted. Antennas mounted directly on existing parapet walls, penthouses, or mechanical equipment rooms are considered a wall-mounted antenna if no portion of the antenna extends above the roofline of the building or extends no more than four feet horizontally from the face of the building. Whip antennas are not allowed on a wall-mounted antenna structure. Antennas, equipment, and the supporting structures shall be selected to achieve the architectural compatibility with the host structure to which they are attached.
(A) Stealth facilities shall be designed to substantially conceal and camouflage the antennas and associated equipment.
(1) The planning commission shall review and may grant approval for any new antenna(s) that require construction of a new screening wall. New screening wall(s) shall be in harmony with the structure’s mass, architectural features, and overall aesthetics. Architectural and structural renderings, three-dimensional representation, line-of-sight diagrams, photo simulations, and/or building elevations of the proposed modifications may be required to effectively demonstrate the requested changes meeting the intent of this chapter.
(2) Area Limitations for Stealth Wall-Mounted Antennas. The total area for all stealth wall-mounted antennas and supporting structures combined shall not exceed five percent of any exterior wall of the building. Stealth wall-mounted antennas may occupy a maximum of four walls. The total calculated area is the sum of each individual antenna and the visible portion of the supporting structure as viewed when looking directly at the face of the building.
(B) Non-stealth facilities shall only be considered in locations in which adverse visual impacts are not a substantial concern due to the location of the facility, the nature of the surrounding land uses, and is not visible from public vantage points.
(1) Area Limitations for Non-Stealth Wall-Mounted Antennas. The total area for all non-stealth wall-mounted antennas and supporting structures combined shall not exceed forty square feet for each exterior wall of the building or a total of one hundred sixty square feet per building. The total calculated area is the sum of each individual antenna and the visible portion of the supporting structure as viewed when looking directly at the face of the building.
ii. Roof-Mounted Antenna. Two types of roof-mounted antennas are allowed: stealth-mounted and non-stealth-mounted. Antennas, equipment, and the supporting structures shall be selected to achieve the architectural compatibility with the host structure to which they are attached. Roof-mounted antennas are an allowed use only on a flat roof and shall be screened, constructed and painted to match the structure to which they are attached. The planning commission shall review and may grant approval to place roof-mounted stealth antennas on a pitched roof if the antenna(s) are compatible with the existing structure. Roof-mounted antennas may be mounted on existing penthouses or mechanical equipment rooms if the antennas and antenna support structures are enclosed or visually screened from view.
(A) Stealth facilities shall be designed to substantially conceal and camouflage the antennas and associated equipment.
(1) Antennas shall be mounted at least five feet behind any parapet wall or from the exterior wall of the building. The maximum height of an antenna mounted between five and ten feet behind a parapet or exterior wall shall be directly proportional to the setback distance, and may not exceed a height of ten feet above the top of the parapet wall or roof line of the building.
(2) The planning commission shall review and may grant approval for any new antenna(s) that require construction of a new screening wall. New screening wall(s) shall be in harmony with the structure’s mass, architectural features, and overall aesthetics. Architectural and structural renderings, three-dimensional representation, line-of-sight diagrams, photo simulations, and/or building elevations of the proposed modifications may be required to effectively demonstrate the requested changes meeting the intent of this chapter.
(B) Non-stealth facilities shall only be considered in locations in which adverse visual impacts are not a substantial concern due to the location of the facility and the nature of the surrounding land uses.
iii. Monopole with Antennas and Antenna Support Structure Less Than Two Feet in Width. The entire antenna structure mounted on a monopole may not exceed two feet in width.
(A) The maximum height of this antenna may not exceed ten feet in height.
(B) A monopole described in this subsection may not be located in or within five hundred feet of a residential zone district.
(C) No pole shall be allowed in any front yard setback.
(D) The monopole antenna must not exceed thirty-five feet in height.
iv. Monopole with Antennas and Antenna Support Structure Greater Than Two Feet in Width.
(A) The maximum visible width of antennas and antenna mounting structures on a monopole may not exceed either eight feet in height or fifteen feet in width as viewed looking directly at the monopole at the same elevation as the antennas and antenna mounting structure.
(B) A monopole classified under this subsection may not be located in or within seven hundred fifty feet of a residential zone district.
(C) No pole shall be allowed in any front yard setback.
(D) The monopole antenna must not exceed thirty-five feet in height.
v. Lattice Towers. Except as provided for below, lattice towers may not be located within seven hundred fifty feet of a residential zone district.
(A) A lattice tower may be located less than seven hundred fifty feet from a residential zone district if the planning commission finds that the tower’s height would not exceed the height of any public utility pole, wire, cable, or similar structures located in the same vicinity as the proposed tower.
(B) A lattice tower may be located less than seven hundred fifty feet from a residential zone and reach up to eighty-five-foot height if required for the bona fide public services of a public transit district as defined in U.C.A. Section 17A-2-1001 et seq. and as certified by the public transit district.
(C) No pole shall be allowed in any front yard setback.
(D) The lattice tower must not exceed thirty-five feet in height.
vi. Power Lines. All power lines on the lot leading to the accessory building and antenna structure of the telecommunications facility shall be installed underground.
vii. Review Criteria. Each applicant for a telecommunications facility must demonstrate:
(A) Compatibility of the proposed structure with the height and mass of existing adjacent buildings and utility structures;
(B) Whether co-location of the antenna on other existing structures in the same vicinity such as other towers, buildings, utility poles and similar structures is possible without significantly affecting antenna transmission or reception;
(C) Antenna transmissions will not interfere with public safety communications;
(D) The location of the antenna in relation to existing vegetation, topography and buildings to optimize visual screening;
(E) Whether the spacing between monopoles creates detrimental impact upon adjacent properties;
(F) The location of the pole in relation to noteworthy structures, landmarks and pedestrian or automotive transportation view corridors;
(G) Location and zoning compliance of accessory buildings associated with the telecommunications facility.
viii. Co-Location. Co-location is both permitted and encouraged if all setbacks, design and landscape requirements are met for each telecommunications facility. The application shall include any existing or approved, but unbuilt, telecommunications facility within the telecommunications area that may meet the needs of the applicant. The documentation supplied shall evaluate the following factors:
(A) Structural capacity of the antenna towers;
(B) Geographic telecommunications area requirements;
(C) Mechanical or electrical incompatibilities;
(D) Inability or ability to locate equipment on existing antenna towers; and
(E) Any restriction or limitation of the Federal Communications Commission that would preclude the shared use of the antenna tower.
ix. Classification/Installation. Low-power radio services facilities are characterized by the type or location of the antenna structure.
x. Temporary Antenna for Use During Drive Tests. Telecommunications companies wishing to perform drive tests shall submit notice to the planning department stating the location and the date of the proposed test. Antennas in use for a drive test shall not be left standing for a period of greater than two days. Drive tests shall be limited to testing functions only and shall not be used for telecommunication services to customers. Drive tests on city property require planning department approval and execution of the city’s test-drive agreement.
b. Fences Greater Than Seven Feet in Height. Each application for a fence greater than seven feet in height must comply with the following:
i. The applicant must demonstrate that a fence greater than seven feet in height is necessary to better promote public health, safety, welfare, and aesthetic quality in the area and the height requested is the minimum necessary to achieve this.
ii. The fence design, i.e., materials, color, features, height, must be compatible with the associated development in terms of theme, architecture and function. All barbed wire or other sharp, pointed, or electrically charged fences are prohibited.
iii. Fences shall comply with all requirements for fences less than or equal to seven feet in height with regard to location and construction.
c. Outdoor Dining. Each application for an outdoor dining use shall comply with the following:
i. The dining area shall be located on private property or leased public property and does not diminish parking or landscaping.
ii. The dining area shall not impede pedestrian circulation.
iii. The dining area shall not impede emergency access or circulation.
iv. The outdoor furnishings shall be compatible with the streetscape and associated building.
v. No music or noise shall be in excess of the city noise ordinance, Section 8.01.070. Outdoor music shall not be audible off premises.
vi. No use after ten-thirty p.m. and before seven a.m.
vii. No part of the outdoor dining area shall be located within one hundred feet of any existing residential use (measured from the edge of the outdoor dining area to the closest property line of the residential use), unless the residential use is part of a mixed use building or the outdoor dining area is separated from the residential use by a commercial building.
viii. Cooking facilities shall be located within the primary building. No cooking utilities, including grills, shall be permitted in the outdoor dining area.
ix. The outdoor dining area shall be kept in a clean condition and free of litter and food items which constitute a nuisance to public health, safety and welfare. (Ord. 2025-16 § 1 (Att. A); Ord. 2022-13 § 1 (Att. A); Ord. 2019-06 § 1 (Att. B); Ord. 2016-15 § 1 (Att. A); Ord. 2016-01 § 1 (Att. C); Ord. 2015-13 § 1 (Att. A); Ord. 2012-08 § 1 (Att. A); Ord. 2011-09 § 1 (Att. A); Ord. 10/6/2009O-19 § 1 (Att. A); Ord. 3-19-2002A § 1(7); Ord. 11-20-2001 § 2)
The city shall not issue a business license for an itinerant merchant unless the following general and applicable specific criteria are demonstrated as part of the business license application:
A. General Itinerant Merchant Criteria.
1. Location on Private Property. The business and any activity associated therewith must be located on private property and only as a secondary use to another primary commercial use. The business shall not be located on public property (including public sidewalks, public streets, public parking areas or other public places as defined by the city) or on vacant or residentially used property, regardless of the zoning district.
2. Impervious Surface. The business must be located on a hard surface with no portion of the business located in a landscaped or nonimproved area.
3. Setbacks. The business must be located a minimum of ten feet behind the inside edge of the public sidewalk (or fifteen feet from the edge of the road right-of-way if no sidewalk exists); five feet from combustible walls, roof eave lines, awnings, etc.; ten feet from any building openings (i.e., doors, windows, vents, etc.); and five feet from a fire hydrant, driveway, handicapped parking space and loading area.
4. Lease. There must be a valid lease or written permission from the private property owner expressly allowing the use of property for the business that is the subject of this section. The merchant shall demonstrate the ability to utilize an existing restroom facility on or nearby the property.
5. Traffic Safety. The business location shall not impede auto and/or pedestrian traffic or create auto/pedestrian conflicts. Private sidewalk clear widths shall not be reduced below five feet and the itinerant business shall not interfere with the internal parking lot circulation.
6. Parking. The site must have adequate parking to accommodate the primary use(s) on site as well as any area used by the itinerant business. No part of the itinerant merchant business shall occupy required parking stalls for the primary use(s).
7. Power. All electrical wiring must be in compliance with the National Electrical Code and approved by the Midvale City Building Department. Extension cords and generators are prohibited.
8. Temporary Only. All aspects of the business shall be temporary in nature with no permanent facilities constructed on site, with the exception of the required permanent power source.
9. Maintenance. The area around the business shall be kept clean and orderly. A trash receptacle shall be provided for patrons. The merchant is responsible to clean up all trash, litter, spills, etc., within a minimum twenty-foot radius of the business.
10. Business Conduct. The business may not solicit or conduct business with persons in motor vehicles or use any flashing lights, noise, sound or other motion-producing devices to attract attention to its operation.
11. Regulatory Compliance. All applicable local and state regulations (i.e., food permit, tax numbers, registration, etc.) shall be met.
12. Business License. All requirements of Chapter 5.14 of the Midvale Municipal Code shall be met.
13. Site Plan. A site plan, drawn to scale, showing the exact location of the itinerant merchant (including all components of the business) with setbacks to buildings, sidewalks, roadways, driveways, parking, fire hydrants, and other important features shall be provided. A photograph or illustration showing components of the business, including cart and awning dimensions, trash receptacles, coolers, signage, electrical plans, etc., shall be provided, as well as other information required to show compliance with the applicable requirements contained herein.
B. Specific Itinerant Merchant Criteria.
1. Vending Cart. Each business license application for a vending cart must comply with the following:
a. There shall be a minimum separation of one thousand three hundred twenty feet between all vending cart locations. This separation shall be measured as a radius in all directions, with the vending cart location being the center point.
b. The vending cart must be located no closer than thirty feet from a single family residential zone.
c. Any vending cart selling food items shall not be located within two hundred feet of the primary public entrance of an existing restaurant use. The exception to this is an existing restaurant is allowed to operate a vending cart within this area, provided all other provisions of this section are satisfied.
d. A minimum of two on-site parking stalls are required for the vending cart use. One of these stalls shall be dedicated for the use of the itinerant merchant’s patrons; the other for a business employee.
e. The vending cart shall be constructed of surface materials that are primarily stainless steel and in accordance with the Salt Lake Valley Health Department regulations. Transparent, plastic sides may be extended above the cart’s preparation/counter surface, provided these sides do not extend beyond the width or length of the cart and three feet above the preparation/counter surface, if it is kept clean, and is free of signage and other attachments. The vending cart shall not exceed a width of four feet and a length of six feet (a hitch may extend a maximum of two feet beyond the length of the cart). The maximum height of the vending cart, excluding canopies or umbrellas, shall be five feet. A vending cart may include a built in canopy provided it does not extend more than three feet beyond the width of the cart on each side and any extension beyond the cart width is a minimum of seven feet above the parking lot surface. This canopy shall be an earth tone color; a stainless steel canopy is acceptable.
f. The vendor shall be limited to three stacked coolers (each cooler shall not exceed three and three-quarters square feet in size), one trash receptacle, one chair, and a freestanding umbrella (not to exceed a six-foot diameter) external to the vending cart. All other freestanding devices, i.e., signs, propane tanks, tables, racks, customer seating, overhead structures (i.e., tarps, enclosures, canopy extensions), etc., are prohibited. The freestanding umbrella shall be an earthtone color, and, if extending beyond the front and side edges of the cart, must be a minimum of seven feet above the parking lot surface.
g. Signage shall be attached to the vending cart and occupy no more than four square feet on the street facing side of the cart. Signs shall not be internally illuminated or make use of flashing or intermittent lighting or animation devices. Pennants, streamers, lawn banners and other temporary signs are prohibited.
h. A portable fire extinguisher, Type 2A-10 BC minimum, must be mounted within easy reach on the vending cart.
i. All aspects of the business shall be moved on and off the premises each day of operation. No overnight parking or outdoor storage is allowed. Any vending cart selling food items must be cleaned and stored at a commissary approved by the Salt Lake Valley health department.
j. The vending cart and all related business items shall be maintained in good condition and repair at all times.
k. The business shall not be conducted before six a.m. and after ten p.m.
2. Seasonal Food Stand. Each business license application for a seasonal food cart must comply with the following:
a. There shall be a minimum separation of six hundred sixty feet between all food stand locations. This separation shall be measured as a radius in all directions, with the food stand location being the center point.
b. A food stand shall not be located within two hundred feet of the primary public entrance of an existing restaurant use.
c. A minimum of two on-site parking stalls are required for the food stand use. One of these stalls shall be dedicated for the use of the itinerant merchant’s patrons and the other for a business employee.
d. The food stand must be a temporary structure with all wheels, trailers and hitches removed.
e. The maximum size of a food stand structure shall be eight feet by sixteen feet. The food stand must include four walls and a roof. It shall be constructed of surface materials that are smooth, easily cleanable, corrosion resistant, nontoxic, stable and constructed in accordance with the Salt Lake Valley health department regulations.
f. The vendor shall be limited to one outdoor storage bin (the bin shall not exceed fifteen square feet in size) and one trash receptacle external to the food stand. All other freestanding devices, i.e., signs, propane tanks, tables, racks, customer seating, overhead structures (i.e., tarps, awnings, umbrellas, enclosures, canopy extensions), etc., are prohibited.
g. Food stands are for walk-up traffic only; drive-up window service is prohibited.
h. Signage shall be attached to the food stand and occupy no more than twenty square feet. Signs shall not be internally illuminated or make use of flashing or intermittent lighting or animation devices. Pennants, streamers, lawn banners and other temporary signs are prohibited.
i. A portable fire extinguisher, Type 2A-10 BC minimum, must be mounted within easy reach on the food stand.
j. The food stand and all related business items shall be maintained in good condition and repair at all times.
k. Seasonal food stands can be operated between May 1st and September 30th each year. The temporary structure must be removed from the site by September 30th and cannot be put on the site before May 1st.
l. The business shall not be conducted before six a.m. and after ten p.m.
3. Christmas Tree Sales. Each business license application for Christmas tree sales must comply with the following:
a. A minimum of five on-site parking stalls are required for a Christmas tree sales use.
b. The display/retail area for cut trees may be located on a gravel surface; however, all other aspects of the business must be located on an impervious surface, i.e., parking lot, concrete patio, etc.
c. Signage must be attached to an on-site fence and shall not exceed thirty-two square feet on each side of the Christmas tree lot. No flashing or animated lights or searchlights may be used. No off-site signage is allowed, including within the public right-of-way.
d. A portable fire extinguisher, Type 2A-10 BC minimum, must be mounted within easy reach of employees.
e. Christmas trees sales can be operated for up to eight weeks in the months of November and December. All aspects of the Christmas tree sales use must be removed by December 31st and cannot be put on the site before November 1st.
f. The business shall not be conducted before ten a.m. and after ten p.m.
4. Fireworks Stands. Each business license application for a fireworks stand must comply with the following:
a. A minimum of five on-site parking stalls are required for a fireworks stand use.
b. Temporary stands, trailers and tents may be used for the business operation.
c. Stands shall be located at least fifty feet from all highly combustible materials, including liquid or gas storage and dispensing units and vehicles. A fifty-foot-wide area shall be delineated around the fireworks stand as a “no parking” area.
d. Signage must be attached to the temporary structure and shall not exceed thirty-two square feet per wall length. No flashing or animated lights or searchlights may be used. No off-site signage is allowed, including within the public right-of-way.
e. All requirements of Utah State Administrative Rule R710-2, Rules Pursuant to the Utah Fireworks Act, shall be met to the satisfaction of the Midvale City fire marshal.
f. Fireworks stands shall be put on site no sooner than two days before June 19th and shall be removed no later than five days after July 26th.
g. Fireworks stands shall be operated no sooner than June 19th and no later than July 26th.
h. The business shall not be conducted before ten a.m. and after ten p.m.
5. Seasonal Produce Stand. Each business license application for a seasonal produce stand must comply with the following:
a. One produce stand business shall be permitted on each parcel of private property.
b. A minimum of three on-site parking stalls are required for the produce stand use. Two of these stalls shall be dedicated for the use of the itinerant merchant’s patrons; the other for a business employee.
c. The business shall sell fresh fruits and vegetables only; merchandise and nonperishable food items are not allowed.
d. Produce shall be displayed under a tent, awning or canopy. This structure shall be an earthtone color and have a maximum size of one hundred square feet.
e. Signage must be attached to the tent, awning or canopy and shall not exceed ten square feet on each side of the structure. One A-frame sign complying with the city’s A-frame sign standards may be utilized. No flashing or animated lights or searchlights may be used. No off-site signage is allowed, including within the public right-of-way.
f. The produce stand and all related business items shall be maintained in good condition and repair at all times.
g. All aspects of the business shall be moved on and off the premises each day of operation. No overnight parking or outdoor storage is allowed.
h. Produce stands can be operated between June 1st and October 31st each year.
i. The business shall not be conducted before ten a.m. and after ten p.m.
6. Seasonal Flower Stand. Each business license application for a seasonal flower stand must comply with the following:
a. A flower stand shall not be located within two hundred feet of the primary public entrance of an existing business that sells live flowers as its primary merchandise.
b. One flower stand business shall be permitted on each parcel of private property.
c. A minimum of five on-site parking stalls are required for the flower stand use.
d. The business shall sell live flowers only; all other merchandise, including merchandise ancillary to the planting of live flowers, such as potting soil, separate pots and containers, watering cans, etc., are not allowed.
e. All live flowers shall be displayed under a tent or canopy structure that does not exceed one thousand three hundred fifty square feet in size. No live flowers shall be displayed beyond the drip line of this structure. The tent or canopy structure shall comply with all applicable building code requirements. A building permit may be required depending on the size of the tent or canopy.
f. The tent or canopy cover shall be made of a white or earth tone color canvas material; covers made of metal, wood or similar materials are prohibited.
g. Signage must be attached to the drip line of the tent or awning structure. This signage shall not extend above or below the tent or canopy cover and shall not exceed eighty percent of its length. Signs shall not be internally illuminated or make use of flashing or intermittent lighting or animation devices. Pennants, streamers, lawn banners and other temporary signs are prohibited.
h. A portable fire extinguisher, Type 2A-10 BC minimum, must be available at the location.
i. The flower stand structure, cover and all related business items shall be maintained in good condition and repair at all times.
j. Seasonal flower stands can be operated between April 15th and June 15th each year. The temporary structure must be removed from the site by June 15th and cannot be put on the site before April 15th.
k. The business shall not be conducted before eight a.m. and after ten p.m. (Ord. 2014-04 § 1 (Att. A); Ord. 11/10/2009O-20 § 1 (Att. A); Ord. 5/5/2009O-8 § 1 (Att. A); Ord. 5/16/2006O-5 § 1; Ord. 11-20-2001 § 2)
Street Zone SSC
This chapter provides standards for the development of land parcels within the State Street zone and is intended to facilitate development that promotes quality growth, fosters complementary development, increases property values, and catalyzes new opportunities for retail, residential, and other commercial uses. This chapter informs owners of the standards that will be applied in approving or disapproving proposed developments. The goal is to:
A. Facilitate transition of the State Street corridor from underdeveloped commercial parcels to a more vibrant mix of commercial and residential uses;
B. Provide an identifiable entry corridor for the city;
C. Assure and enhance the investment of State Street property owners;
D. Promote economic development;
E. Protect surrounding neighborhoods from the potential adverse effects of more intense land uses; and
F. Require thematic landscaping to provide a distinctive visual quality to the area;
G. Promote enhancement of building frontages and side yards to activate storefronts and ground level facades, to increase sidewalk widths to provide additional space for gathering, dining, shopping, and other amenities which encourage a walkable pedestrian realm. (Ord. 2024-11 § 1 (Att. A); Ord. 11-20-2001 § 2)
If a use is not specifically designated, it is prohibited. Uses designated with an asterisk (*) have additional use-specific standards included in subsection (A) of this section. Some uses have additional standards included in Chapter 17-6, Supplementary Regulations.
Table 17-7-7.2. Uses
Type | Allowed | Administrative | Conditional | Business License |
|---|---|---|---|---|
Accessory Building—Unoccupied, Single Family only | X | |||
Alcoholic Beverage | ||||
Class A License | X | X | ||
Class B License | X | X | ||
Class C Tavern | X | X | ||
Restaurant | X | X | ||
Package Agency | X | X | ||
Private Club | X | X | ||
State Liquor Store | X | |||
Animal Hospital | X | X | ||
Assembly Use | X | X | ||
Assisted Living Facility | ||||
≤ 1 acre | X | X | ||
> 1 acre | X | X | ||
Auditorium, Assembly Hall | X | X | ||
Bed and Breakfast | X | X | ||
Cafe/Deli | X | X | ||
Car Wash | X | X | ||
Child Care | ||||
≤ 6 children | X | X | ||
≥ 7 children | X | X | ||
Commercial Repair Services | X | X | ||
Dwellings | ||||
Single Family | X | |||
Duplex | X | |||
Multifamily | ||||
≤ 1 acre | X | |||
> 1 acre | X | |||
External Accessory Dwelling Unit* | X | |||
Entertainment Center | X | X | ||
Fences | ||||
7' or less | X | |||
> 7' | X | |||
Financial Institution | ||||
W/drive-up window | X | X | ||
W/o drive-up window | X | X | ||
Heliport | X | X | ||
Home Occupation | X | X | ||
Hotel/Motel | X | X | ||
Internal Accessory Dwelling Unit* | X | |||
Itinerant Merchant | ||||
Vending Carts | X | X | ||
Seasonal Food Stands | X | X | ||
Christmas Tree Sales | X | X | ||
Fireworks Stands | X | X | ||
Seasonal Produce Stands | X | X | ||
Seasonal Flower Stands | X | X | ||
Kennel, Commercial | X | X | ||
Manufactured Home | X | |||
Master Planned Development | X | |||
Medical Cannabis Pharmacy* | X | X | ||
Mixed-Use | X | X | ||
Mortuary, Funeral Home | X | X | ||
Municipal Facilities | ||||
Parks | X | |||
Public Safety Facility | X | |||
Public Utilities | ||||
Minor | X | |||
Major | X | |||
Recreational Facilities | X | |||
Trails | X | |||
Nursery, Commercial | X | X | ||
Office | ||||
General | X | X | ||
Intensive and Clinical, Medical | X | X | ||
Outdoor Dining | X | X | ||
Outdoor Storage | X | |||
Parking Lot | ||||
Commercial | X | X | ||
Private | X | |||
Pre-Existing Landscaping | X | |||
Pre-Existing Lighting (outdoor) | X | |||
Pre-Existing Lot | X | |||
Pre-Existing Structure | X | |||
Pre-Existing Use | X | |||
Quasi-Public Facilities | X | X | ||
Radio Station | X | X | ||
Recreation Facility | ||||
Commercial | X | X | ||
Private | X | |||
Religious/Educational Institute | ||||
Permanent | X | X | ||
Temporary | X | X | ||
Restaurant | ||||
W/drive-up window | X | X | ||
W/o drive-up window | X | X | ||
Retail and Service Commercial | ||||
W/drive-up window | X | X | ||
W/o drive-up window | X | X | ||
24 hour use | X | |||
Self-Service Storage Facility | X | X | ||
Shopping Center | X | X | ||
Telecommunications Facility | X | |||
Transportation Facility | ||||
Major | X | |||
Minor | X | |||
Rental | X | X | ||
Sales (Minor) | X | X | ||
Sales and Service (Major) | X | X | ||
Filling Station | X | X | ||
Repair | X | X | ||
Warehouse/Distribution | X | X |
A. Additional Use-Specific Standards.
1. Medical Cannabis Pharmacy.
a. Proximity Restrictions.
i. A medical cannabis pharmacy use shall meet the proximity requirements as specified and amended in Section 26-61a-301 of the Utah Code Annotated.
b. Application Requirements.
i. An applicant for a medical cannabis pharmacy use must provide a description of the physical characteristics of the proposed facility, including a site plan, floor plan, architectural elevations, and a security plan as part of the business license application for the use. Fencing and security devices must comply with applicable city requirements.
ii. When proximity restrictions include area in an adjacent municipality, an applicant for a medical cannabis pharmacy use shall obtain a letter from the adjacent municipality indicating proximity restrictions within this title are satisfied based on existing uses in the area in the adjacent municipality prior to issuance of a business license.
c. Signage. In addition to those requirements within this title, all signage associated with a medical cannabis pharmacy use shall comply with any requirements imposed by the state of Utah.
2. Internal Accessory Dwelling Unit.
a. An IADU may only be constructed on a lot with one detached single family dwelling. The property owner must occupy one of the dwelling units on the property as their permanent residence for as long as the IADU remains on the property.
b. The IADU must conform to all applicable standards in the building, plumbing, electrical, mechanical, fire, health, and any other applicable codes. A building permit is required prior to engaging in any construction activity on an IADU.
c. Installing separate utility meters or separate addresses for an IADU is prohibited.
d. Any additions to an existing building must comply with the development standards within this chapter.
e. An IADU must provide off-street parking as described within this chapter.
f. An IADU may not be constructed within a mobile home or manufactured home.
g. An IADU may not be constructed on a lot with a total square footage of six thousand or less.
h. Prior to issuance of a certificate of occupancy for an IADU, the property owner must record a notice against the property’s title that includes:
i. A description of the primary dwelling;
ii. A statement that the property contains an IADU; and
iii. A statement that the IADU may only be used in accordance with this title.
i. An IADU may not be rented or leased for a period of less than thirty consecutive days.
j. Only one IADU is permitted on each property.
3. External Accessory Dwelling Unit.
a. An EADU may only be constructed on a lot with one detached single family dwelling. The property owner must occupy one of the dwelling units on the property as their permanent residence for as long as the EADU remains on the property.
b. The EADU must conform to all applicable standards in the building, plumbing, electrical, mechanical, fire, health, and any other applicable codes. A building permit is required prior to engaging in any construction activity on an EADU.
c. Installing separate utility meters or separate addresses for an EADU is prohibited.
d. An EADU must comply with the standards in Section 17-7-2.8.
e. An EADU must provide off-street parking as described within this chapter.
f. An EADU may not be constructed on the same lot as a mobile home or manufactured home.
g. An EADU may not be constructed on a lot with a total square footage of six thousand or less.
h. Prior to issuance of a certificate of occupancy for an EADU, the property owner must record a notice against the property’s title that includes:
i. A description of the primary dwelling;
ii. A statement that the property contains an EADU; and
iii. A statement that the EADU may only be used in accordance with this title.
i. An EADU may not be rented or leased for a period of less than thirty consecutive days.
j. Only one EADU is permitted on each property. (Ord. 2025-16 § 1 (Att. A); Ord. 2025-14 § 1 (Att. A); Ord. 2025-06 § 1 (Att. A); Ord. 2024-27 § 1 (Att. A); Ord. 2021-19 § 1 (Att. A); Ord. 2020-02 § 1 (Att. A); Ord. 2016-15 § 1 (Att. A); Ord. 2015-05 § 1 (Att. A); Ord. 2014-04 § 1 (Att. A); Ord. 2012-08 § 1 (Att. A); Ord. 2011-09 § 1 (Att. A); Ord. 5/5/2009O-8 § 1 (Att. A); Ord. 8/10/2004O-25 § 1(7); Ord. 3-19-2002A § 1(3); Ord. 11-20-2001 § 2)
The following development standards apply to all new development in the zone:
A. Setbacks. New development shall comply with the following setbacks:
1. Front. The minimum front yard setback is ten feet, which shall consist of a ten-foot-wide sidewalk with tree wells and other urban design amenities. Additional setback beyond ten feet is permitted if the additional area provides space for outdoor dining, gathering, shopping, or other activating uses outlined in this chapter. Setbacks beyond ten feet are subject to the following exceptions:
a. Corner Lot Rule. Corner lots have two front yards, with a ten-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. Side. There is no side setback requirement, except as required by the International Building Code and landscape buffers. Allowed uses within the side setback include outdoor dining, gathering, and shopping.
3. Rear. There is no rear setback requirement, except as required by the International Building Code and landscape buffers.
B. Build-To Line. The front yard setback is the build-to line. At least fifty percent of the front facade must be built within three feet of the build-to line on all interior lots and at least thirty percent of the front facade must be built within three feet of the build-to line on all corner lots. Recessed plazas, courtyards and trellises are encouraged.
C. Height. The maximum height for a structure is fifty-five feet for a pitched roof or fifty-two feet for a flat roof, and may extend up to seventy-five feet for a pitched roof or seventy-two feet for a flat roof for portions of the structure more than fifty feet from a single family residential zoning district.
D. Building Orientation. The entrances of all buildings shall front onto public streets. However 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. 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.
E. Maximum Footprint. No structure in a mixed-use development shall have a footprint in excess of twenty thousand square feet.
F. Coverage. Buildings may cover up to eighty percent of the lot area.
G. Access Management. All new development and an expansion by more than twenty-five percent of an existing building mass or site size 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. 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.
4. New development or conversion of an existing residential use to a commercial use shall not propose parking in such a way that users may be allowed to back onto public rights-of-way.
5. Existing nonconforming driveways within the 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.
6. 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.
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. 2024-11 § 1 (Att. A); Ord. 2019-06 § 1 (Att. B); Ord. 2017-05 § 1 (Att. A); Ord. 2016-04 § 1 (Att. A); Ord. 2011-01 § 1 (Att. A); Ord. 11-20-2001 § 2)
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.
Unless exempted by subsection (L) of this section, 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. Precast concrete, brick, split face or scored CMU, stone, granite, ceramic tile, architectural metals and nonreflective glass (or similar quality, time- and weather-tested materials) are 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. Facades. Each facade facing a public right-of-way or a pedestrian pathway shall shift at least five feet every thirty linear feet. No facade facing a public right-of-way or a pedestrian pathway shall be blank (without fenestration) for more than thirty feet. For building sides fifty feet in length, building breaks in the facade are required. These may include building articulations, balconies, or changes in material.
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. Openings. The following standards apply to openings of all structures:
1. Entry Doors. Entry doors must be constructed of wood, anodized or painted aluminum, steel or brass and face the front yard or be placed within three feet of the front facade. Entry doors must be covered by a roof and must be a primary element of the front of the structure. Security doors and devices must complement the building design and present an attractive appearance during hours of operation. Structures on corner lots shall have two front entries, with an entry door addressing each street. Security doors and screens must complement the building.
2. Windows. Window shapes and sizes shall be designed to be compatible with adjacent architecture and shall support the architectural style of the building they are in. Window frames shall be wood, anodized or painted aluminum, steel, brass or vinyl. Tinted windows or windows with reflective film or glass are prohibited at street level.
E. Fences, Hedges and Walls. The following standards apply to new development of fences, hedges and walls:
1. Required Setbacks. 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, 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. Only one fence or wall shall be allowed per property line. Double fences, walls or combinations thereof are prohibited; and
e. 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 sight distance 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; and
d. A temporary fence on a construction site may be as high as required to protect the property during the period of construction.
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.
F. Reserved.
G. 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.
H. 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. Building corners must be enhanced by utilizing at least three of the following: railings, coordinated pavers, public art, signage, lighting, or planters.
I. Street Furniture. Each new mixed-use or pedestrian-oriented 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. Street furniture shall coordinate with one another and with adjacent mixed-use developments, and shall not be used for advertisement.
J. Outdoor Dining. Outdoor dining is allowed provided it complies with the following:
1. The dining area shall be located on private property or leased public property and shall not diminish required parking or landscaping.
2. The dining area shall not impede pedestrian circulation or emergency access. A minimum of a five-foot walk aisle must be provided.
3. The outdoor furnishings shall be compatible with the streetscape and associated building.
4. No music or noise shall be in excess of the city noise ordinance. Outdoor music shall not be audible off premises.
5. No use after ten-thirty p.m. and before seven a.m.
6. No part of the outdoor dining area shall be located within twenty feet of any existing residential use (measured from the edge of the outdoor dining area to the closest property line of the residential use), unless the residential use is part of a mixed-use building or the outdoor dining area is separated from the residential use by a commercial building.
7. Cooking facilities shall be located within the primary building. No cooking utilities, including grills, shall be permitted in the outdoor dining area.
8. The outdoor dining area shall be kept in a clean condition and free of litter and food items which constitute a nuisance to public health, safety and welfare.
K. 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.
Table 17-7-7.5. Architectural Standards
Materials | Configurations | Techniques |
|---|---|---|
Walls | ||
Building Walls: Precast 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. | Traditional, time- and weather-tested materials. Blank facades may not exceed 30' in length. Facades must shift 5' every 30'. | Earth tones, to colors with some white and gray tones. Trim around openings may be in an accent color. |
Retaining Walls: Shall be of materials and color complementary to the building’s materials. | Traditional, time- and weather-tested materials. | 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 | ||
Entry Porches: Front steps shall be constructed of durable materials. 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 required. |
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L. Single Family and Duplex Dwellings. Single family and duplex dwellings are only subject to the requirements of this section if one of the following is met:
1. The property is located in a historic district established before January 1, 2021;
2. The property contains a structure listed in the State and National Register;
3. The property is subject to a development agreement with design standards;
4. The property is located in a residential area developed before 1950;
5. The property is located in a planned unit development plat or overlay zone granted for increased density or other benefit not available under the zone. (Ord. 2024-11 § 1 (Att. A); Ord. 2022-03A § 1 (Att. F); Ord. 2019-06 § 1 (Att. B); Ord. 2016-15 § 1 (Att. A); Ord. 8/10/2004O-25 § 1(2); Ord. 11-20-2001 § 2)
The applicant shall professionally landscape the lot, according to an approved landscape plan, as a condition precedent to receiving a certificate of occupancy for all commercial uses. The community development director shall evaluate landscape plans for all permitted uses. The planning commission shall evaluate landscape plans for conditional uses. Landscape plan approval is a condition precedent to issuance of a building permit for the parcel. The following landscaping standards apply to all new mixed-use, multifamily and commercial development in the zone and to the expansion by more than twenty-five percent of an existing building mass or site size:
A. Minimum Landscaped Area. The applicant shall landscape fifteen percent of the interior of the proposed development area. The applicant must landscape a minimum of ten feet between the side yard or rear 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 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.
D. Criteria for Reduced Landscaping. To encourage design excellence, the community and economic development director may decrease the minimum landscaped area, upon the following criteria:
1. Professionally designed landscaping, designs of special merit, xeriscaping and preserving existing mature, “healthy,” and desirable tree species are highly encouraged and considered in an applicant’s request to reduce required landscaping.
2. The community and economic development director may grant a reduction of an applicant’s landscape requirement by a total of up to twenty-five percent upon an applicant’s demonstration of the criteria listed below:
a. Professionally Designed Landscaping. Up to ten percent if the applicant implements a landscaping plan designed and prepared by a licensed landscape architect.
b. Landscape Designs of Special Merit. Up to twenty percent if the overall landscape design is of special design merit. Special design merit is interpreted to include but not be limited to such things as utilizing unique or rare plant species, civic art such as sculpture, and features using recycled water.
c. Existing Mature Trees. Up to twenty-five percent if the applicant proposes to save and integrate existing mature trees into required landscape areas. For each tree greater than two inches of caliper size, one-half of one percent of the total landscaped area requirement can be subtracted with a maximum of five percent for each tree.
d. Berms. Up to ten percent through the use of berms, according to the following specifications. For parking lots adjacent to any public right-of-way, seventy percent of the street-side landscaping requirement shall be in the form of a berm for screening. The berm shall have a slope of one foot high per four feet wide with a maximum height of four feet.
E. Installation/Certificate of Occupancy. The applicant must install required landscaping as follows:
1. With an automatic sprinkling system designed to cover all planted areas with no runoff;
2. Trees less than a two-inch caliper must be double staked until the trees mature to two-inch caliper; and
3. 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.
F. 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.
G. 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.
H. 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.
I. Residential Buffer. New development shall provide a landscaped buffer to separate residential uses from commercial and industrial uses.
1. Landscaped Buffer Area. The landscape buffer area must be a minimum of thirty feet wide to provide adequate screening, buffering, and separation of these uses. The landscape treatment should use a combination of distance and low level screening to separate the uses to soften the visual impact of the commercial or industrial use. The thirty-foot buffer area may be shared between adjoining properties, upon adequate proof of reciprocal easements to preserve and maintain the buffer area. The landscaped buffer area shall include a minimum of one tree for every two hundred fifty square feet.
2. Fully Sight-Obscuring Fence. The planning commission shall require complete visual separation from residential uses if it determines that complete screening is necessary to protect abutting uses, and landscaping is not practical. Such fence must be a minimum of six feet high (up to eight feet if warranted and approved by the planning commission) and completely sight-obscuring. Fences may be of wood, metal, bricks, masonry or other permanent materials.
J. Street Frontage Tree Requirements. An applicant shall provide at least one street tree for each thirty lineal feet of frontage. Street frontage trees may be clustered or spaced linearly in the park strip as provided in an approved landscape plan.
K. Minimum Number of Trees. A minimum of one tree for every four hundred square feet of landscaping is required for all areas that are not on street frontage or adjacent to residential areas.
L. Upgrading Pre-Existing Landscaping. The applicant must bring pre-existing landscaping into compliance with this code upon an increase of more than twenty-five percent of the current building mass or site size.
M. Crime Prevention Through Environmental Design (CPTED). The plan must demonstrate how CPTED principles will be used in the design and layout of buildings, streets, accesses and open space areas. Design shall promote natural surveillance, access control, territorial reinforcement, sense of ownership, and maintenance. CPTED landscaping guidelines shall be used, including planting shrubs with a maximum height of three feet and trees with a proper ground clearance of six feet above walkways and sidewalks and eight feet above vehicular travel and parking lanes. To encourage public safety through natural surveillance, natural access control, and territorial reinforcement, blank walls are not permitted adjacent to streets, pedestrian areas, and open space amenities. Symbolic barriers, such as low lying fences/walls, landscaping and signage shall be used to discourage crime and to promote safety. Ground floor parking garages shall not be permitted immediately adjacent to streets. Developments shall have street side building elevations, with extensive windows, and with balconies, decks or landscape terraces encouraged.
Table 17-7-7.7. Landscaping Requirements
Area | Requirement | Specifications |
|---|---|---|
Front | 15' landscaped setback | • 1 tree per 30' (linear) of frontage • Trees may be clustered • Deciduous trees, 2" caliper minimum • Evergreen trees, 6' minimum height |
Side | 10' landscaped setback in public view | • 1 tree per 400 s.f. • Deciduous trees, 2" caliper minimum • Ornamental trees, 1.5" caliper minimum • Evergreen trees, 4' minimum height |
Rear | 10' landscaped setback | • 1 tree per 400 s.f. • Deciduous trees, 2" caliper minimum • Ornamental trees, 1.5" caliper minimum • Evergreen trees, 6' minimum height |
Parking • > 4 ≤ 10 stalls • > 10 stalls • > 15 stalls | Perimeter landscaping of at least 5' in width Minimum of 10% interior landscaping. A landscaped island for every 15 spaces; perimeter landscaping of at least 5' in width and a minimum of 10% interior landscaping | For all parking areas: • Deciduous trees, 2" caliper minimum • Ornamental trees, 1.5" caliper |
Overall Site | 15% of site to be landscaped | • 25% of landscaping must be evergreen • 25% of landscaping may be specialty paving, street furniture and outdoor seating • All irrigation shall be automatic |
Residential Buffer | 30' between residential and commercial uses | • Minimum 1 tree for every 250 s.f. of buffer area • Minimum 6' masonry wall between commercial and residential uses |
(Ord. 2019-06 § 1 (Att. B); Ord. 2016-15 § 1 (Att. A); Ord. 12/03/2002A § 1; Ord. 11-20-2001 § 2)
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 as follows. 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.
Table 17-7-7.8. Parking
Uses | Parking Requirement (Number of Spaces) | |
|---|---|---|
Auditorium | 1 per 5 seats or 3 per 100 s.f. of assembly area | |
Bed and Breakfast Inn | 1 per bedroom plus 1 per employee per shift | |
Cafe/Deli | 3 per 1,000 s.f. of net leasable building area | |
Car Wash | ||
Self Serve | 3 stacking spaces per wash bay | |
Automatic Tunnel (primary) | 6 stacking spaces per wash bay | |
Automatic Tunnel (secondary) | 8 stacking spaces per wash bay | |
Child Care Facility/Center | 1 per on-duty staff per shift and 1 per 6 children | |
Convenience Store, Support Commercial Uses | 5 per 1,000 s.f. of net leasable building area | |
Duplex Dwelling | 2 spaces per dwelling unit | |
Entertainment Center | 1 per 4 seats or 5 per 1,000 s.f. of floor area, depending on type of facility | |
Financial Institution | 3 per 1,000 s.f. of net leasable building area | |
Group Care Facility | The greater of: 1 per 2 bedrooms plus 1 per employee per shift or 2 per 3 employees per shift | |
Hospital, Limited Care | 1 per 2 beds | |
Hospital, General | 3 per bed | |
Hotel | 1 per suite and 1 space per 200 s.f. of separately leasable space | |
IADU/EADU | 1 space per unit | |
Master Planned Development | Determined by planning commission, based on proposed uses and potential for shared parking | |
Mixed-Use | ||
Commercial Portions | Determined by most applicable use in this section | |
Residential Portions | 1.5 spaces per 1 bedroom unit; 2 spaces per 2 bedroom unit; 2.5 spaces per 3 bedroom unit and greater; plus 1 space per every 4 units for guest parking | |
Multifamily Dwelling | Apartment/Condominium not greater than 650 s.f. floor area | 1 per dwelling unit |
Apartment/Condominium 650 to 1,000 s.f. floor area | 1.5 per dwelling unit | |
Apartment/Condominium 1,000 to 2,500 s.f. floor area | 2 per dwelling unit | |
Apartment/Condominium 2,500 s.f. floor area or more | 3 per dwelling unit | |
Neighborhood Commercial | 2 per 1,000 s.f. of net leasable building area | |
Offices, General | 3 per 1,000 s.f. of net leasable building area | |
Offices, Intensive and Clinic, Medical | 5 per 1,000 s.f. of net leasable building area | |
Public and Quasi-Public Institution, Church and School; Public Utility | The greatest of: 1 per 5 seats, or 2 per 3 employees, or 1 per 1,000 s.f. | |
Recreation Facility, Private | 1 per 4 persons (based on the facility’s maximum rated capacity) | |
Recreation Facility, Commercial | The greatest of: 1 per 4 seats, 5 per 1,000 s.f. of floor area, or 1 per 3 persons rated capacity. For tennis- and pickleball-only facilities: 7 per court | |
Medical Cannabis Pharmacy | 3 for each 1,000 s.f. of net leasable building area | |
Retail & Service Commercial | 5 for each 1,000 s.f. of net leasable building area | |
Restaurant, Standard and Bar | 1 for every 100 s.f. of net leasable floor area, including kitchen areas | |
Restaurant, with Drive-up | 5 per 1,000 s.f. of net leasable floor area | |
Senior Affordable Housing | Not less than 1 space per dwelling unit; plus not less than 0.3 spaces per dwelling unit for guest parking | |
Shopping Centers, Multi-Tenant Retail Spaces | 3.5 per 1,000 s.f. of net leasable building area | |
Single Family Dwelling | 2 spaces per dwelling unit | |
Temporary Construction Sites | 1 for every 2 employees in the largest shift plus 1 for each vehicle used in conducting the business | |
Warehouse | 1 per 1,000 s.f. of floor area | |
Wholesale | 1 for every 2 employees in the largest shift plus 1 for each vehicle used in conducting the business and wholesale storage uses at 1 per 1,000 s.f. of floor area | |
A. Driveway Widths and Parking Lot Standards. The following driveway width dimensions and parking lot standards apply to all new development and to the expansion by more than twenty-five percent of an existing building mass or site size. The city engineer may approve minor variations (equal to or less than ten percent) in driveway width and spacing.
1. Parking. No parking is allowed within the required front yard.
a. If a parking lot or driveway to a parking lot is proposed to abut a residential use, the applicant must screen the lot or drive and provide adequate sight distance.
b. Required Landscaping. The following landscaping standards apply to new development:
i. Parking areas with more than four stalls must have perimeter landscaping of at least five feet in width;
ii. Parking areas with over ten stalls must have a minimum of fifteen percent interior landscaping;
iii. Parking areas with over fifteen spaces shall provide landscaped islands at the end of each parking row, an island for every fifteen spaces, perimeter landscaping of at least five feet in width, and a minimum of ten percent interior landscaping.
2. Driveway Standards. For all new development, driveways shall comply with the following standards:
a. No driveway shall be less than fifty feet from intersecting rights-of-way;
b. Commercial driveways that exceed fifteen feet in width at the lot frontage must be separated by a landscaped area of at least twelve feet in width and ten feet in depth.
i. One-Way Drive. The minimum one-way drive width is fifteen feet. The maximum one-way drive width is twenty feet.
ii. Two-Way Drive. The minimum two-way drive width is twenty feet. The maximum two-way drive width is thirty-six feet.
B. Parking Garages and Structures. Parking within a parking garage or structure requires:
1. Aisle. The minimum aisle width is twenty-four feet.
2. Circulation. The parking structure must be designed to ensure that each required parking space is readily accessible, usable and safe for automobiles and pedestrians.
3. Location. The parking structure shall not be located on a street frontage.
4. Architecture. Architectural relief shall be integrated into all facades to soften visual impacts and to provide a visual relationship with the surrounding structures.
C. Parking Ratio Requirements for Specific Land Use Categories. All new development shall provide parking according to the following standards. If a project incorporates two uses, the use requiring the higher number of parking spaces shall govern. Whenever the calculation results in a fractional number, the number of spaces required must be rounded up to the next whole number.
1. Surfacing. Parking areas and driveways must be hard-surfaced, maintained in good condition, and clear of obstructions at all times.
2. Parking Space Dimensions. All new commercial development shall provide parking spaces of the following minimum dimensions. The city engineer may approve minor (equal to or less than ten percent) variations in parking space dimensions.
a. Parking spaces must be nine feet wide by eighteen feet long;
b. ADA parking space width requirements vary and shall be consistent with current Building Code standards; and
c. Compact spaces with dimensions of nine feet wide by sixteen feet long may be provided. These spaces are not code spaces for the purpose of satisfying parking requirements.
3. Grading and Drainage. Parking shall be graded and constructed as follows:
a. Parking areas must be graded for proper drainage, with surface water diverted to keep the parking area free of accumulated water and ice;
b. Adequate control curbs must be installed to control drainage and direct vehicle movement;
c. Parking area drainage must be detained on site, treated (if required by NPDES), and channeled to a storm drain or gutter as approved by the city engineer;
d. Driveways may not exceed a ten percent slope;
e. Drives serving more than one single family dwelling shall provide a minimum twenty-foot transition area at no greater than two percent slope beginning at the back of the curb, or as otherwise approved by the city engineer, in anticipation of future street improvements; and
f. The maximum stormwater discharge level accepted by the city is two-tenths of a cubic foot per second per acre.
4. Street Access and Circulation. New commercial development shall provide the following:
a. Off-Street Parking. Off-street parking areas must have unobstructed access to a street or alley. The parking area design for five or more vehicles must not encourage cars to back onto adjoining public sidewalks, parking strips, or roadways. With the exception of permitted tandem parking, parking spaces shall be independently accessible and unobstructed. All off-street and structured/garage parking shall be located to the side or rear of the building to preserve street facing facades for transparency and pedestrian activity. Structured parking that faces a street shall be wrapped with commercial or office uses. Surface parking lots are not allowed if visible from the adjacent street. Guest parking shall not require a fee.
b. Corner Lots. No landscape obstruction is allowed in excess of two feet in height above street grade within the sight distance triangle. A reasonable number of trees with lower branches pruned to six feet to permit automobile drivers and pedestrians an unobstructed view of the intersection may be allowed by administrative permit.
c. Driveway Access. For corner lots, the triangular area is defined by the intersection of the road right-of-way, the line extending from the point-of-curve at the top-back-of-curb, and a line connecting them at points twenty-five feet from their intersection.
d. Drive-Through Developments. Applicants for all drive-up or drive-through service windows or facilities must provide sufficient stacking space for vehicles waiting for service, to prevent vehicles from waiting in the right-of-way.
e. Common Driveways. To encourage the location of parking in the rear yard and/or below grade, the city allows common driveways along shared side yards to provide access to parking if the owner restricts the deeds to both properties to preserve the shared drive in perpetuity.
f. Off-Street Loading Spaces. Every structure that is to be used for any purpose which involves the receipt or distribution of materials or merchandise by vehicle must provide and maintain adequate space for standing, loading, or unloading services off-street.
i. All such loading areas or berths shall be located so that no vehicle loading or unloading merchandise or other material shall be parked in any front yard or in any street or right-of-way.
ii. Loading docks and loading areas must be screened from adjoining property and public rights-of-way.
D. Calculation of Spaces. If a project incorporates two uses, the use requiring higher number of parking spaces shall govern. Whenever the calculation results in a fractional number, the number of spaces required must be rounded up to the next whole number.
E. The minimum required on-site parking must be provided for the use of the owner or tenant of a dwelling unit in a mixed-use project or a multifamily dwelling and their guests at no additional cost beyond the base sale or lease price of the dwelling unit.
F. Parking Lot Use. A parking lot shall only be constructed for uses allowed within the zone in which it is located. (Ord. 2025-16 § 1 (Att. A); Ord. 2025-06 § 1 (Att. A); Ord. 2025-02 § 1 (Att. A); Ord. 2024-11 § 1 (Att. A); Ord. 2022-09 § 1 (Att. D); Ord. 2021-19 § 1 (Att. A); Ord. 2020-19 § 1 (Att. A); Ord. 2019-06 § 1 (Att. B); Ord. 2015-06 § 1 (Att. B); Ord. 2015-05 § 1 (Att. A); Ord. 7/11/2006O-10 § 1 (Exh. A and C); Ord. 3/18/2003O-2 § 1; Ord. 11-20-2001 § 2)
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 zoning 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. 11-20-2001 § 2)
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 17-7-7.10. 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. |
Changeable Copy | 25% of sign | n/a | Changeable copy signs may be wall or monument signs. One changeable copy sign/business location. |
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 sign 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. |
Pole Banners | 2 ft. x 5 ft. | n/a | Must be attached to on-site light poles at top and bottom corners. Must hang vertically. One sign per pole. |
Projecting Wall | 12 s.f. | n/a | May extend four feet from facade perpendicular to facade. Must be 8' above sidewalk. One per ground level tenant. |
Real Estate | 32 s.f. | 12' | 3' max. height in sight distance triangle. |
Shopping Center | Pylon signs: 1.5 s.f./foot of frontage up to 300 s.f. Monument signs: 48 s.f. + 1 s.f./foot of frontage ≤ 96 s.f. | Pylon: 35' Monument: 6' | Min. shopping center area: 5 acres and 500' of frontage. One pylon sign for every 500' of frontage (500' separation). One monument sign for every 250' of frontage (250' separation). Decorative pylon cover required. Back to back sign faces ≤ 10°. |
Suspended | 60 s.f. | n/a | Sign area is one square foot per linear 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 for a multifamily project. 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. 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 the 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. Pole Banners. One pole banner sign per privately owned, on-site light pole may be used. Such signs shall be a maximum size of two feet by five feet, shall hang vertically, and shall be securely attached to the light pole at the top and bottom corners of the banner. Banners must be kept in good condition at all times, i.e., tattered, torn, or faded banners must be removed. A sign permit is required.
I. Shopping Center Signs. Shopping centers of at least five acres in size with at least five hundred feet of frontage may be allowed one pylon sign for every five hundred feet of frontage or one monument sign for every two hundred and fifty feet of frontage. Multiple pylon signs within a shopping center must have a minimum five-hundred-foot separation. Multiple monument signs within the shopping center must have a minimum two-hundred-fifty-foot separation. The pylon sign area may have up to one and one-half square feet for every foot of frontage, not to exceed three hundred square feet. The pylon sign height shall not exceed thirty-five feet. The entire length of the supporting poles must be covered in a substantial architectural cover which does not reflect the round nature of the pole beneath, with a minimum of the first third of that length being constructed of masonry to match the development. The cabinet must be set back a minimum of eighteen inches from the property line and the supports a minimum of five feet from the property line. The monument sign area may be forty-eight square feet plus one square foot for every one foot of frontage, not to exceed ninety-six square feet. The monument sign height shall not exceed nine feet. All other requirements for monument signs as included in subsection F of this section shall apply.
J. 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.
K. 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. Mobile Changeable Copy Signs. One mobile changeable copy sign may be used for each street frontage of a building for a maximum period of fourteen consecutive days, not to exceed twenty-eight days in a calendar year. Each sign shall require a temporary sign permit for each period. Said signs shall be in full conformance with all building and electrical codes. Said signs shall not exceed thirty-two square feet in size and six feet in height, and shall conform to all setbacks, clearances, and other general provisions of this title.
4. Balloon Sign/Inflated Sign Displays. One balloon sign or inflated sign display is allowed to be displayed on-site for a period of fourteen consecutive days per calendar quarter up to four times per calendar year. A temporary sign permit shall be required for each display period. The signs shall meet all minimum building setbacks for the zone, and shall be adequately tethered so as not to extend into the airspace above the public right-of-way or constitute a safety hazard.
5. 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.
6. Pennants/Streamers. Pennants and streamers are allowed to be displayed on-site for a period of seven consecutive days per calendar quarter up to four times per calendar year. Pennants and streamers shall be adequately fastened to structures on-site, and in such a manner so as not to constitute a safety hazard. A temporary sign permit shall be required for each display period.
7. 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.
L. 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, 3); Ord. 10/28/2003O-11 §§ 1(1—4, 7); Ord. 3/18/2003O-1 § 1; Ord. 3-19-2002A § 1(8); Ord. 11-20-2001 § 2)
The city shall not issue a conditional use permit unless the community and economic development department, in the case of an administrative conditional use, or the planning commission, for all other conditional uses, concludes that the application mitigates adverse impacts and complies with the following general standards applicable to all conditional uses, as well as the specific standards for the use.
A. General Review Criteria. An applicant for a conditional use in the zone must demonstrate:
1. The application complies with all applicable provisions of this title, state and federal law;
2. The structures associated with the use are compatible with surrounding structures in terms of use, scale, mass and circulation;
3. The use is not detrimental to the public health, safety and welfare;
4. The use is consistent with the general plan, as amended;
5. Traffic conditions are not adversely affected by the proposed use including the existence of or need for dedicated turn lanes, pedestrian access, and capacity of the existing streets;
6. Sufficient utility capacity;
7. Sufficient emergency vehicle access;
8. Location and design of off-street parking as well as compliance with off-street parking standards provided for in Section 17-7-7.7;
9. Fencing, screening, and landscaping to separate the use from adjoining uses and mitigate the potential for conflict in uses;
10. Compatibility of the proposed mass, bulk, design, orientation, and location of the structures on the site, including compatibility with buildings on adjoining lots and to the street;
11. Exterior lighting that complies with the lighting standards of the zone and is designed to minimize conflict and light trespass with surrounding uses; and
12. Within and adjoining the site, impacts on the aquifer, slope retention, flood potential and appropriateness of the proposed structure to the topography of the site.
B. Specific Review Criteria for Certain Conditional Uses. In addition to the foregoing, the community and economic development department and planning commission must review each of the following criteria when considering approving or denying an application for each of the following conditional uses:
1. Conditional Use.
a. Child Care Facility/Center. Each application for a child care facility or center must include:
i. City business license application, to be finalized upon approval;
ii. Compliance with state, federal and local law;
iii. A design which precludes a front yard playground and signage in excess of a two-square-foot nameplate; and
iv. A delivery, traffic and parking plan which adequately mitigates the adverse impacts of increased traffic generation on the neighborhood in which it is located.
b. Assisted Living/Senior Housing/Congregate Care. Each application for an assisted living, senior housing or congregate care use must comply with the following:
i. The maximum number of residents shall be:
(A) Eight for structures fronting on public streets smaller than collector streets; and
(B) Sixteen for structures fronting on public streets considered collector streets or larger.
ii. A complete application shall include:
(A) Proof of state license for assisted living, senior housing, congregate care, or its equivalent;
(B) A design, residential in character and architecturally compatible with the neighborhood, which adequately screens the use from neighboring lots and complies with Utah Department of Health standards;
(C) An outdoor lighting plan which adequately screens lighting to mitigate its impact on surrounding uses;
(D) A sign plan which includes no more than two square feet of signage for facilities on public streets smaller than collector streets, and monument signs not to exceed thirty-two square feet for facilities on public streets considered collector streets or larger; and
(E) A delivery, traffic and parking plan which adequately mitigates the adverse impacts of increased traffic generation on the neighborhood in which it is located. The parking plan should propose parking appropriate to the proposed use of the facility, which plan may propose parking below the standards listed in Section 17-7-7.7.
c. Self-Service Storage Facility. Each application for a self-service storage facility must comply with the following. The intent of these standards is to ensure the use does not negatively impact the surrounding community through its operation and appearance, while allowing utilitarian type standards in the interior of the facility.
i. Property Requirements.
(A) The minimum and maximum property sizes for a storage facility are three acres and five acres respectively.
(B) The property is limited to one public street frontage; corner lots may not be utilized for a self-service storage facility use.
ii. Interior Access Storage Unit Buildings. Interior access buildings include individual storage units that are primarily accessible from interior common corridors only; i.e., the majority of the individual storage units are accessed from interior common corridors and not directly from the exterior of the building. Self-service storage facilities with interior access storage unit buildings shall comply with the following standards:
(A) Buildings may be single- or multistory and must comply with the height standards of the State Street Zone.
(B) All development standards in Sections 17-7-7.4 through 17-7-7.10 are applicable.
(C) On-Site Manager. An office for an on-site manager shall be provided. A manager shall be available on site during operating hours.
(D) Hours of Operation. Hours of operation for the self-service storage facility shall be limited between seven a.m. and nine p.m. daily. Customers shall not be allowed to access storage units beyond this time period and the facility shall be secured. Signs shall be posted and information provided in rental agreements.
iii. Exterior Access Storage Unit Buildings. Exterior access buildings include individual storage units that are accessible from the outside of the building, including drive-up and walk-up doors. Self-service storage facilities with exterior access storage unit buildings and outdoor storage shall comply with the following standards:
(A) Office Building Component. A prominent office building component, as viewed from the public road, is required as part of the self-service storage facility use. The office building shall include space for an on-site manager, and may include a dwelling unit for an on-site manager. The office building shall comply with the architectural standards in Section 17-7-7.5. All storage unit buildings and outdoor storage areas shall be constructed behind the rear wall of the office building.
(B) Height. Storage unit buildings shall be single-story with a maximum height of twelve feet. Storage unit buildings constructed on the property perimeter shall not exceed ten feet in height.
(C) Exterior Colors. Building wall, roof and door colors shall be earth tone colors and may include some white and gray tones. Intense accent colors are prohibited, including bright primary colors regardless of corporate standards or preferences.
(D) Screening. Storage unit doors must be screened or located so they are not visible from the street or residential properties. Storage unit doors shall not directly face a street.
(E) Circulation. Units and drive aisles shall be designed and located to comply with fire and building code requirements, and allow vehicles to navigate around vehicles parked at storage units.
(F) Perimeter Wall. An eight-foot-high decorative masonry wall shall be constructed along the perimeter of the storage and storage unit area. The rear and sides of storage unit buildings may be used in place of the required wall, provided architecturally treated masonry materials are used and the planning commission determines the additional height does not negatively impact the adjacent land use. Walls and buildings shall be earth tone colors and compatible with area development. No storage unit building or perimeter wall shall be located closer than thirty feet from the public right-of-way.
(G) Gates. Decorative wrought iron gates shall be used for access into the self-storage facility. Gates shall be painted in a subdued color that coordinates with the rest of the development. The access drive design and gate location shall allow for adequate vehicle stacking for a minimum of two trucks with trailers without impeding pedestrians and motorists in the public right-of-way and business access and parking.
(H) Parking. Parking for the office use(s) plus five spaces for self-service storage facility customers shall be located outside the gated area. This parking shall comply with the parking standards in Section 17-7-7.8. A minimum fifteen-foot landscape setback from the public right-of-way is required for all parking areas.
(I) Landscaping. Landscaping shall be required in areas and locations that benefit the community. The amount of required landscaping shall be determined by the planning commission; however, landscaped areas and buffers are required, at a minimum: (1) within the required setback from the public right-of-way; (2) at the project entrance; and (3) other locations as determined by the planning commission. With the exception of the minimum landscaped area requirement in Section 17-7-7.7, the landscape plan shall comply with all other landscaping and irrigation standards in this section.
(J) Reserved.
(K) Full-Time Live-In Manager. A full-time live-in manager is required. A manager’s residence may be located within the required office building or within a stand-alone structure that is coordinated within the development area. At least one parking space shall be provided solely for the residence. A stand-alone structure shall be compatible with the self-service storage facility with regard to building height and exterior materials.
(L) Hours of Operation. Hours of operation for the self-service storage facility shall be limited between seven a.m. and nine p.m. daily. Customers shall not be allowed to access their storage units beyond this time period and the facility shall be secured. Signs shall be posted and information provided in rental agreements.
iv. Outdoor Storage Areas. Outdoor storage areas may be included as part of a self-service storage facility use with the following standards:
(A) Outdoor storage is considered a secondary use to the storage unit buildings and may not occur on its own.
(B) The area used for outdoor storage shall not exceed fifteen percent of the development area.
(C) The outdoor storage area shall be completely screened from outside the property by storage unit buildings or perimeter walls as required in subsection (B)(1)(c)(iii)(F) of this section.
(D) The outdoor storage area shall be surfaced with asphalt, recycled asphalt or concrete.
(E) The outdoor storage area may be used for the private storage of vehicles, as defined in Section 17-2-22. The storage of hazardous materials; wrecked, junk or impounded vehicles; construction materials; and discarded or unusable items is prohibited.
(F) Items stored within twenty feet of a perimeter wall may not exceed the height of the wall.
v. Additional Standards and Conditions. The following standards and conditions shall apply to all self-service storage facilities:
(A) No water or sewer shall be provided in individual storage units. Electrical service to individual units shall be for lighting and climate control only; no electrical outlets shall be provided.
(B) A security plan which adequately mitigates any adverse impacts associated with this use shall be reviewed and approved by Midvale City public safety, and implemented by the business owner.
(C) Facilities shall be maintained in a clean and orderly fashion at all times. Items shall not be stored in drive aisles or parking areas; all junk and debris shall be removed as soon as possible.
(D) Facilities shall not be used for any type of sales activities, i.e., auctions, garage/yard sales, sale of retail or wholesale merchandise, etc.
(E) The storage of flammable or explosive material; material which creates obnoxious dust, odor or fumes; or hazardous waste is prohibited.
2. Administrative Conditional Use.
a. Telecommunications Facility. This subsection applies to both commercial and private low-power radio services and facilities, such as “cellular” or “PCS” (personal communications system) communications and paging systems. Each application for a telecommunications facility shall comply with the following:
i. Wall-Mounted Antenna. Two types of wall-mounted antennas are allowed: stealth-mounted and non-stealth-mounted. Antennas mounted directly on existing parapet walls, penthouses, or mechanical equipment rooms are considered a wall-mounted antenna if no portion of the antenna extends above the roofline of the building or extends no more than four feet horizontally from the face of the building. Whip antennas are not allowed on a wall-mounted antenna structure. Antennas, equipment, and the supporting structures shall be selected to achieve the architectural compatibility with the host structure to which they are attached.
(A) Stealth facilities shall be designed to substantially conceal and camouflage the antennas and associated equipment.
(1) The planning commission shall review and may grant approval for any new antenna(s) that require construction of a new screening wall. New screening wall(s) shall be in harmony with the structure’s mass, architectural features, and overall aesthetics. Architectural and structural renderings, three-dimensional representation, line-of-sight diagrams, photo simulations, and/or building elevations of the proposed modifications may be required to effectively demonstrate the requested changes meeting the intent of this chapter.
(2) Area Limitations for Stealth Wall-Mounted Antennas. The total area for all stealth wall-mounted antennas and supporting structures combined shall not exceed five percent of any exterior wall of the building. Stealth wall-mounted antennas may occupy a maximum of four walls. The total calculated area is the sum of each individual antenna and the visible portion of the supporting structure as viewed when looking directly at the face of the building.
(B) Non-stealth facilities shall only be considered in locations in which adverse visual impacts are not a substantial concern due to the location of the facility, the nature of the surrounding land uses, and is not visible from public vantage points.
(1) Area Limitations for Non-Stealth Wall-Mounted Antennas. The total area for all non-stealth wall-mounted antennas and supporting structures combined shall not exceed forty square feet for each exterior wall of the building or a total of one hundred sixty square feet per building. The total calculated area is the sum of each individual antenna and the visible portion of the supporting structure as viewed when looking directly at the face of the building.
ii. Roof-Mounted Antenna. Two types of roof-mounted antennas are allowed: stealth-mounted and non-stealth-mounted. Antennas, equipment, and the supporting structures shall be selected to achieve the architectural compatibility with the host structure to which they are attached. Roof-mounted antennas are an allowed use only on a flat roof and shall be screened, constructed and painted to match the structure to which they are attached. The planning commission shall review and may grant approval to place roof-mounted stealth antennas on a pitched roof if the antenna(s) are compatible with the existing structure. Roof-mounted antennas may be mounted on existing penthouses or mechanical equipment rooms if the antennas and antenna support structures are enclosed or visually screened from view.
(A) Stealth facilities shall be designed to substantially conceal and camouflage the antennas and associated equipment.
(1) Antennas shall be mounted at least five feet behind any parapet wall or from the exterior wall of the building. The maximum height of an antenna mounted between five and ten feet behind a parapet or exterior wall shall be directly proportional to the setback distance, and may not exceed a height of ten feet above the top of the parapet wall or roof line of the building.
(2) The planning commission shall review and may grant approval for any new antenna(s) that require construction of a new screening wall. New screening wall(s) shall be in harmony with the structure’s mass, architectural features, and overall aesthetics. Architectural and structural renderings, three-dimensional representation, line-of-sight diagrams, photo simulations, and/or building elevations of the proposed modifications may be required to effectively demonstrate the requested changes meeting the intent of this chapter.
(B) Non-stealth facilities shall only be considered in locations in which adverse visual impacts are not a substantial concern due to the location of the facility and the nature of the surrounding land uses.
iii. Monopole with Antennas and Antenna Support Structure Less Than Two Feet in Width. The entire antenna structure mounted on a monopole may not exceed two feet in width.
(A) The maximum height of this antenna may not exceed ten feet in height.
(B) A monopole described in this subsection may not be located in or within five hundred feet of a residential zone district.
(C) No pole shall be allowed in any front yard setback.
(D) The monopole antenna must not exceed thirty-five feet in height.
iv. Monopole with Antennas and Antenna Support Structure Greater Than Two Feet in Width.
(A) The maximum visible width of antennas and antenna mounting structures on a monopole may not exceed either eight feet in height or fifteen feet in width as viewed looking directly at the monopole at the same elevation as the antennas and antenna mounting structure.
(B) A monopole classified under this subsection may not be located in or within seven hundred fifty feet of a residential zone district.
(C) No pole shall be allowed in any front yard setback.
(D) The monopole antenna must not exceed thirty-five feet in height.
v. Lattice Towers. Except as provided for below, lattice towers may not be located within seven hundred fifty feet of a residential zone district.
(A) A lattice tower may be located less than seven hundred fifty feet from a residential zone district if the planning commission finds that the tower’s height would not exceed the height of any public utility pole, wire, cable, or similar structures located in the same vicinity as the proposed tower.
(B) A lattice tower may be located less than seven hundred fifty feet from a residential zone and reach up to eighty-five-foot height if required for the bona fide public services of a public transit district as defined in U.C.A. Section 17A-2-1001 et seq. and as certified by the public transit district.
(C) No pole shall be allowed in any front yard setback.
(D) The lattice tower must not exceed thirty-five feet in height.
vi. Power Lines. All power lines on the lot leading to the accessory building and antenna structure of the telecommunications facility shall be installed underground.
vii. Review Criteria. Each applicant for a telecommunications facility must demonstrate:
(A) Compatibility of the proposed structure with the height and mass of existing adjacent buildings and utility structures;
(B) Whether co-location of the antenna on other existing structures in the same vicinity such as other towers, buildings, utility poles and similar structures is possible without significantly affecting antenna transmission or reception;
(C) Antenna transmissions will not interfere with public safety communications;
(D) The location of the antenna in relation to existing vegetation, topography and buildings to optimize visual screening;
(E) Whether the spacing between monopoles creates detrimental impact upon adjacent properties;
(F) The location of the pole in relation to noteworthy structures, landmarks and pedestrian or automotive transportation view corridors;
(G) Location and zoning compliance of accessory buildings associated with the telecommunications facility.
viii. Co-Location. Co-location is both permitted and encouraged if all setbacks, design and landscape requirements are met for each telecommunications facility. The application shall include any existing or approved, but unbuilt, telecommunications facility within the telecommunications area that may meet the needs of the applicant. The documentation supplied shall evaluate the following factors:
(A) Structural capacity of the antenna towers;
(B) Geographic telecommunications area requirements;
(C) Mechanical or electrical incompatibilities;
(D) Inability or ability to locate equipment on existing antenna towers; and
(E) Any restriction or limitation of the Federal Communications Commission that would preclude the shared use of the antenna tower.
ix. Classification/Installation. Low-power radio services facilities are characterized by the type or location of the antenna structure.
x. Temporary Antenna for Use During Drive Tests. Telecommunications companies wishing to perform drive tests shall submit notice to the planning department stating the location and the date of the proposed test. Antennas in use for a drive test shall not be left standing for a period of greater than two days. Drive tests shall be limited to testing functions only and shall not be used for telecommunication services to customers. Drive tests on city property require planning department approval and execution of the city’s test-drive agreement.
b. Fences Greater Than Seven Feet in Height. Each application for a fence greater than seven feet in height must comply with the following:
i. The applicant must demonstrate that a fence greater than seven feet in height is necessary to better promote public health, safety, welfare, and aesthetic quality in the area and the height requested is the minimum necessary to achieve this.
ii. The fence design, i.e., materials, color, features, height, must be compatible with the associated development in terms of theme, architecture and function. All barbed wire or other sharp, pointed, or electrically charged fences are prohibited.
iii. Fences shall comply with all requirements for fences less than or equal to seven feet in height with regard to location and construction.
c. Outdoor Dining. Each application for an outdoor dining use shall comply with the following:
i. The dining area shall be located on private property or leased public property and does not diminish parking or landscaping.
ii. The dining area shall not impede pedestrian circulation.
iii. The dining area shall not impede emergency access or circulation.
iv. The outdoor furnishings shall be compatible with the streetscape and associated building.
v. No music or noise shall be in excess of the city noise ordinance, Section 8.01.070. Outdoor music shall not be audible off premises.
vi. No use after ten-thirty p.m. and before seven a.m.
vii. No part of the outdoor dining area shall be located within one hundred feet of any existing residential use (measured from the edge of the outdoor dining area to the closest property line of the residential use), unless the residential use is part of a mixed use building or the outdoor dining area is separated from the residential use by a commercial building.
viii. Cooking facilities shall be located within the primary building. No cooking utilities, including grills, shall be permitted in the outdoor dining area.
ix. The outdoor dining area shall be kept in a clean condition and free of litter and food items which constitute a nuisance to public health, safety and welfare. (Ord. 2025-16 § 1 (Att. A); Ord. 2022-13 § 1 (Att. A); Ord. 2019-06 § 1 (Att. B); Ord. 2016-15 § 1 (Att. A); Ord. 2016-01 § 1 (Att. C); Ord. 2015-13 § 1 (Att. A); Ord. 2012-08 § 1 (Att. A); Ord. 2011-09 § 1 (Att. A); Ord. 10/6/2009O-19 § 1 (Att. A); Ord. 3-19-2002A § 1(7); Ord. 11-20-2001 § 2)
The city shall not issue a business license for an itinerant merchant unless the following general and applicable specific criteria are demonstrated as part of the business license application:
A. General Itinerant Merchant Criteria.
1. Location on Private Property. The business and any activity associated therewith must be located on private property and only as a secondary use to another primary commercial use. The business shall not be located on public property (including public sidewalks, public streets, public parking areas or other public places as defined by the city) or on vacant or residentially used property, regardless of the zoning district.
2. Impervious Surface. The business must be located on a hard surface with no portion of the business located in a landscaped or nonimproved area.
3. Setbacks. The business must be located a minimum of ten feet behind the inside edge of the public sidewalk (or fifteen feet from the edge of the road right-of-way if no sidewalk exists); five feet from combustible walls, roof eave lines, awnings, etc.; ten feet from any building openings (i.e., doors, windows, vents, etc.); and five feet from a fire hydrant, driveway, handicapped parking space and loading area.
4. Lease. There must be a valid lease or written permission from the private property owner expressly allowing the use of property for the business that is the subject of this section. The merchant shall demonstrate the ability to utilize an existing restroom facility on or nearby the property.
5. Traffic Safety. The business location shall not impede auto and/or pedestrian traffic or create auto/pedestrian conflicts. Private sidewalk clear widths shall not be reduced below five feet and the itinerant business shall not interfere with the internal parking lot circulation.
6. Parking. The site must have adequate parking to accommodate the primary use(s) on site as well as any area used by the itinerant business. No part of the itinerant merchant business shall occupy required parking stalls for the primary use(s).
7. Power. All electrical wiring must be in compliance with the National Electrical Code and approved by the Midvale City Building Department. Extension cords and generators are prohibited.
8. Temporary Only. All aspects of the business shall be temporary in nature with no permanent facilities constructed on site, with the exception of the required permanent power source.
9. Maintenance. The area around the business shall be kept clean and orderly. A trash receptacle shall be provided for patrons. The merchant is responsible to clean up all trash, litter, spills, etc., within a minimum twenty-foot radius of the business.
10. Business Conduct. The business may not solicit or conduct business with persons in motor vehicles or use any flashing lights, noise, sound or other motion-producing devices to attract attention to its operation.
11. Regulatory Compliance. All applicable local and state regulations (i.e., food permit, tax numbers, registration, etc.) shall be met.
12. Business License. All requirements of Chapter 5.14 of the Midvale Municipal Code shall be met.
13. Site Plan. A site plan, drawn to scale, showing the exact location of the itinerant merchant (including all components of the business) with setbacks to buildings, sidewalks, roadways, driveways, parking, fire hydrants, and other important features shall be provided. A photograph or illustration showing components of the business, including cart and awning dimensions, trash receptacles, coolers, signage, electrical plans, etc., shall be provided, as well as other information required to show compliance with the applicable requirements contained herein.
B. Specific Itinerant Merchant Criteria.
1. Vending Cart. Each business license application for a vending cart must comply with the following:
a. There shall be a minimum separation of one thousand three hundred twenty feet between all vending cart locations. This separation shall be measured as a radius in all directions, with the vending cart location being the center point.
b. The vending cart must be located no closer than thirty feet from a single family residential zone.
c. Any vending cart selling food items shall not be located within two hundred feet of the primary public entrance of an existing restaurant use. The exception to this is an existing restaurant is allowed to operate a vending cart within this area, provided all other provisions of this section are satisfied.
d. A minimum of two on-site parking stalls are required for the vending cart use. One of these stalls shall be dedicated for the use of the itinerant merchant’s patrons; the other for a business employee.
e. The vending cart shall be constructed of surface materials that are primarily stainless steel and in accordance with the Salt Lake Valley Health Department regulations. Transparent, plastic sides may be extended above the cart’s preparation/counter surface, provided these sides do not extend beyond the width or length of the cart and three feet above the preparation/counter surface, if it is kept clean, and is free of signage and other attachments. The vending cart shall not exceed a width of four feet and a length of six feet (a hitch may extend a maximum of two feet beyond the length of the cart). The maximum height of the vending cart, excluding canopies or umbrellas, shall be five feet. A vending cart may include a built in canopy provided it does not extend more than three feet beyond the width of the cart on each side and any extension beyond the cart width is a minimum of seven feet above the parking lot surface. This canopy shall be an earth tone color; a stainless steel canopy is acceptable.
f. The vendor shall be limited to three stacked coolers (each cooler shall not exceed three and three-quarters square feet in size), one trash receptacle, one chair, and a freestanding umbrella (not to exceed a six-foot diameter) external to the vending cart. All other freestanding devices, i.e., signs, propane tanks, tables, racks, customer seating, overhead structures (i.e., tarps, enclosures, canopy extensions), etc., are prohibited. The freestanding umbrella shall be an earthtone color, and, if extending beyond the front and side edges of the cart, must be a minimum of seven feet above the parking lot surface.
g. Signage shall be attached to the vending cart and occupy no more than four square feet on the street facing side of the cart. Signs shall not be internally illuminated or make use of flashing or intermittent lighting or animation devices. Pennants, streamers, lawn banners and other temporary signs are prohibited.
h. A portable fire extinguisher, Type 2A-10 BC minimum, must be mounted within easy reach on the vending cart.
i. All aspects of the business shall be moved on and off the premises each day of operation. No overnight parking or outdoor storage is allowed. Any vending cart selling food items must be cleaned and stored at a commissary approved by the Salt Lake Valley health department.
j. The vending cart and all related business items shall be maintained in good condition and repair at all times.
k. The business shall not be conducted before six a.m. and after ten p.m.
2. Seasonal Food Stand. Each business license application for a seasonal food cart must comply with the following:
a. There shall be a minimum separation of six hundred sixty feet between all food stand locations. This separation shall be measured as a radius in all directions, with the food stand location being the center point.
b. A food stand shall not be located within two hundred feet of the primary public entrance of an existing restaurant use.
c. A minimum of two on-site parking stalls are required for the food stand use. One of these stalls shall be dedicated for the use of the itinerant merchant’s patrons and the other for a business employee.
d. The food stand must be a temporary structure with all wheels, trailers and hitches removed.
e. The maximum size of a food stand structure shall be eight feet by sixteen feet. The food stand must include four walls and a roof. It shall be constructed of surface materials that are smooth, easily cleanable, corrosion resistant, nontoxic, stable and constructed in accordance with the Salt Lake Valley health department regulations.
f. The vendor shall be limited to one outdoor storage bin (the bin shall not exceed fifteen square feet in size) and one trash receptacle external to the food stand. All other freestanding devices, i.e., signs, propane tanks, tables, racks, customer seating, overhead structures (i.e., tarps, awnings, umbrellas, enclosures, canopy extensions), etc., are prohibited.
g. Food stands are for walk-up traffic only; drive-up window service is prohibited.
h. Signage shall be attached to the food stand and occupy no more than twenty square feet. Signs shall not be internally illuminated or make use of flashing or intermittent lighting or animation devices. Pennants, streamers, lawn banners and other temporary signs are prohibited.
i. A portable fire extinguisher, Type 2A-10 BC minimum, must be mounted within easy reach on the food stand.
j. The food stand and all related business items shall be maintained in good condition and repair at all times.
k. Seasonal food stands can be operated between May 1st and September 30th each year. The temporary structure must be removed from the site by September 30th and cannot be put on the site before May 1st.
l. The business shall not be conducted before six a.m. and after ten p.m.
3. Christmas Tree Sales. Each business license application for Christmas tree sales must comply with the following:
a. A minimum of five on-site parking stalls are required for a Christmas tree sales use.
b. The display/retail area for cut trees may be located on a gravel surface; however, all other aspects of the business must be located on an impervious surface, i.e., parking lot, concrete patio, etc.
c. Signage must be attached to an on-site fence and shall not exceed thirty-two square feet on each side of the Christmas tree lot. No flashing or animated lights or searchlights may be used. No off-site signage is allowed, including within the public right-of-way.
d. A portable fire extinguisher, Type 2A-10 BC minimum, must be mounted within easy reach of employees.
e. Christmas trees sales can be operated for up to eight weeks in the months of November and December. All aspects of the Christmas tree sales use must be removed by December 31st and cannot be put on the site before November 1st.
f. The business shall not be conducted before ten a.m. and after ten p.m.
4. Fireworks Stands. Each business license application for a fireworks stand must comply with the following:
a. A minimum of five on-site parking stalls are required for a fireworks stand use.
b. Temporary stands, trailers and tents may be used for the business operation.
c. Stands shall be located at least fifty feet from all highly combustible materials, including liquid or gas storage and dispensing units and vehicles. A fifty-foot-wide area shall be delineated around the fireworks stand as a “no parking” area.
d. Signage must be attached to the temporary structure and shall not exceed thirty-two square feet per wall length. No flashing or animated lights or searchlights may be used. No off-site signage is allowed, including within the public right-of-way.
e. All requirements of Utah State Administrative Rule R710-2, Rules Pursuant to the Utah Fireworks Act, shall be met to the satisfaction of the Midvale City fire marshal.
f. Fireworks stands shall be put on site no sooner than two days before June 19th and shall be removed no later than five days after July 26th.
g. Fireworks stands shall be operated no sooner than June 19th and no later than July 26th.
h. The business shall not be conducted before ten a.m. and after ten p.m.
5. Seasonal Produce Stand. Each business license application for a seasonal produce stand must comply with the following:
a. One produce stand business shall be permitted on each parcel of private property.
b. A minimum of three on-site parking stalls are required for the produce stand use. Two of these stalls shall be dedicated for the use of the itinerant merchant’s patrons; the other for a business employee.
c. The business shall sell fresh fruits and vegetables only; merchandise and nonperishable food items are not allowed.
d. Produce shall be displayed under a tent, awning or canopy. This structure shall be an earthtone color and have a maximum size of one hundred square feet.
e. Signage must be attached to the tent, awning or canopy and shall not exceed ten square feet on each side of the structure. One A-frame sign complying with the city’s A-frame sign standards may be utilized. No flashing or animated lights or searchlights may be used. No off-site signage is allowed, including within the public right-of-way.
f. The produce stand and all related business items shall be maintained in good condition and repair at all times.
g. All aspects of the business shall be moved on and off the premises each day of operation. No overnight parking or outdoor storage is allowed.
h. Produce stands can be operated between June 1st and October 31st each year.
i. The business shall not be conducted before ten a.m. and after ten p.m.
6. Seasonal Flower Stand. Each business license application for a seasonal flower stand must comply with the following:
a. A flower stand shall not be located within two hundred feet of the primary public entrance of an existing business that sells live flowers as its primary merchandise.
b. One flower stand business shall be permitted on each parcel of private property.
c. A minimum of five on-site parking stalls are required for the flower stand use.
d. The business shall sell live flowers only; all other merchandise, including merchandise ancillary to the planting of live flowers, such as potting soil, separate pots and containers, watering cans, etc., are not allowed.
e. All live flowers shall be displayed under a tent or canopy structure that does not exceed one thousand three hundred fifty square feet in size. No live flowers shall be displayed beyond the drip line of this structure. The tent or canopy structure shall comply with all applicable building code requirements. A building permit may be required depending on the size of the tent or canopy.
f. The tent or canopy cover shall be made of a white or earth tone color canvas material; covers made of metal, wood or similar materials are prohibited.
g. Signage must be attached to the drip line of the tent or awning structure. This signage shall not extend above or below the tent or canopy cover and shall not exceed eighty percent of its length. Signs shall not be internally illuminated or make use of flashing or intermittent lighting or animation devices. Pennants, streamers, lawn banners and other temporary signs are prohibited.
h. A portable fire extinguisher, Type 2A-10 BC minimum, must be available at the location.
i. The flower stand structure, cover and all related business items shall be maintained in good condition and repair at all times.
j. Seasonal flower stands can be operated between April 15th and June 15th each year. The temporary structure must be removed from the site by June 15th and cannot be put on the site before April 15th.
k. The business shall not be conducted before eight a.m. and after ten p.m. (Ord. 2014-04 § 1 (Att. A); Ord. 11/10/2009O-20 § 1 (Att. A); Ord. 5/5/2009O-8 § 1 (Att. A); Ord. 5/16/2006O-5 § 1; Ord. 11-20-2001 § 2)