a. Proximity Restrictions.

b. Application Requirements.

c. Parking. A medical cannabis pharmacy use shall be considered a retail and service commercial, personal service use for the purpose of calculating parking requirements.

d. 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.

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. 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.

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 17-7-8.3(A)(7).

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. 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. 2024-27 § 1 (Att. A); Ord. 2021-19 § 1 (Att. A); Ord. 2020-02 § 1 (Att. A); Ord. 2017-04 § 1 (Att. A); Ord. 2016-15 § 1 (Att. A); Ord. 5/5/2009O-8 § 1 (Att. A); Ord. 10/21/2008O-8 § 1; Ord. 10/16/2007O-15 § 1; Ord. 8/10/2004O-25 § 1(7); Ord. 11-20-2001 § 2)

a. Lot Width. The minimum lot width is forty-five feet, measured at the front setback line.

b. Lot Frontage. The minimum lot frontage is forty-five feet, unless the proposed lot is on the curve of a cul-de-sac, then the minimum lot frontage is thirty-five feet.

c. Lot Depth. The minimum lot depth is seventy-five feet, unless the proposed lot width is at least sixty-seven feet, then the minimum lot depth shall be sixty-seven feet. Corner lots must meet the minimum lot depth from both street frontages.

a. Front. The minimum front yard setback is twenty feet.

b. Side. The minimum side yard setback is five feet, subject to the following exceptions:

c. Rear. The minimum rear yard setback is fifteen feet, subject to the following exceptions:

a. Each lot shall provide two parking spaces for personal automobiles in a driveway, garage or carport, or in the side or rear yard of the property. The driveway shall be paved with concrete or asphalt and shall have a maximum width of twenty feet, or forty percent of the lot frontage, whichever is greater. This measurement shall be taken at the drive approach and sidewalk. The paved driveway may extend an additional ten feet in width behind the sidewalk. Parking in the side or rear yard shall be improved with concrete, asphalt, concrete pavers or gravel. Parking areas surfaced with either concrete pavers or gravel must be maintained to ensure no weeds grow in these areas. With the exception of the driveway and approved side yard parking, no other portion of the front or side yards shall be surfaced or used for parking. At no time shall parking occur on any landscaped area.

b. Storage of individual recreational vehicles (RVs), travel trailers, boat trailers and utility trailers shall occur in an improved off-street location a minimum of five feet behind the sidewalk. No portion of the RV or trailer, or anything attached to the RV or trailer, shall extend closer than five feet to the sidewalk. This includes, but is not limited to, hitches. Parking in the side or rear yard shall be improved with concrete, asphalt, concrete pavers or gravel. Parking areas surfaced with either concrete pavers or gravel must be maintained to ensure that no weeds grow in these areas. With the exception of the driveway and approved side yard parking, no other portion of the front or side yards shall be surfaced or used for parking. At no time shall parking occur on any landscaped area.

a. Proximity. An unoccupied accessory structure or EADU must be located at least six feet from the main building.

b. Location. The unoccupied accessory structure or EADU must be located in either the rear or side yard.

c. Setbacks. The unoccupied accessory structure or an EADU, including eaves, must be a minimum of two feet from the rear and side lot lines. All construction must be done in accordance with the building code.

d. Height. The height of an unoccupied accessory structure or an EADU may not exceed twenty feet for a pitched roof and sixteen feet for a flat roof.

e. Stories. An unoccupied accessory structure or an EADU may range from one to one and one-half stories except that an accessory structure may not exceed the height of the main structure.

f. Building Area. The maximum cumulative building area of all unoccupied accessory structures or an EADU is the greater of five hundred square feet or thirteen percent of the lot area.

g. Utilities. An unoccupied accessory structure or an EADU may not have a separate electrical service, gas service, sewer service or water service.

h. Maintenance. It is the responsibility of the property owner to ensure the setback area between the unoccupied accessory structure or an EADU and the property line remains free of weeds, junk and debris.

i. Number of Unoccupied Accessory Structures. Multiple unoccupied accessory structures are permitted on each property so long as each unoccupied accessory structure meets the requirements of this subsection.

a. 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 if it meets the following conditions:

b. Height. No fence or wall may exceed seven feet in height, four feet in height in the front yard setback, nor three feet in the clear view triangle, measured as follows:

a. Landscaping Required. Front and side yards, including park strips, that are not utilized as approved parking or access for vehicles, trailers, etc., shall be landscaped. Landscaping shall include the treatment of the ground surface with live materials such as, but not limited to, sod, grass, ground cover, trees, shrubs, vines and other growing horticultural plant material. In addition, a combination of xeriscape plantings and designs that may include other decorative surfacing such as bark chips, crushed stone, mulch materials, decorative concrete or pavers shall also meet landscaping requirements. Structural features such as fountains, pools, statues, and benches shall also be considered part of the landscaping, but such objects alone shall not meet the requirements of landscaping.

b. Installation Time Frame Requirements. Landscape materials must be installed within six months of occupancy/notice of violation. This shall apply to all new or existing residential structures that are in a blighted condition which do not comply with this chapter. This time frame will allow the owner to plant trees and other landscaping to ensure the survival of the plant material. Typically, installation of landscaping occurs in the spring or fall.

c. Maintenance. Individual(s), whether as the owner, lessee, tenant, occupant or otherwise, shall be responsible for the continued proper maintenance of all landscaping materials. Landscaping shall be maintained in good condition so as to present a healthy, neat, and orderly appearance at all times. Landscaping shall be mowed, groomed, trimmed, pruned and watered according to water-wise conservation guidelines to maintain healthy growing conditions and not detract from the appearance of the immediate neighborhood. Landscaping shall be kept visually free of insects and disease, and shall be kept free from weeds and other volunteer plants. Irrigation systems shall be maintained so as to eliminate water loss due to damaged, missing, or improperly operating sprinkler system components. All unhealthy or dead plant material shall be removed or replaced within six months, or the next planting period (spring or fall), whichever comes first, while other defective landscaping features shall be removed, replaced or repaired within three months. Permanent, semi-permanent, and regular parking on landscaped areas is prohibited.

d. Hazards. Landscaping shall be maintained to minimize property damage and public safety hazards, including the removal/replacement of dead or decaying plant material, removal of low-hanging branches and those obstructing street lighting, sidewalks and traffic sight distance requirements. Trees planted in the public right-of-way must be selected from the city’s street tree selection guide. In the event a tree, shrub, or other plant causes damage to streets, sidewalks, trails, or other public improvements, the community development director and/or public works director or designee may order the removal of the offending vegetation and/or other landscape features.

e. Vegetation Protection. Development plans must show all significant vegetation within twenty feet of any proposed new development. The applicant must protect all significant vegetation during any new development activity.

f. Enforcement. Follow-up inspections and enforcement activities will be through the city’s code enforcement ACE program.

a. The property is located in a historic district established before January 1, 2021; or

b. The property contains a structure listed in the State and National Register; or

c. The property is subject to a development agreement with design standards; or

d. The property is located in a residential area developed before 1950; or

e. 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.

a. Dwellings shall be serviced by a local street, an access road or drive, or an alley and shall not gain access from a collector or arterial street.

b. Individual lots, buildings and units shall be arranged and situated to relate to surrounding properties, to improve the view from buildings and to minimize road area.

c. Individual lots and buildings shall be designed to minimize pedestrian and automobile conflict while providing pedestrians direct access to a sidewalk or trail.

d. Massing should be divided into rhythmic blocks to bring the design of the unit much closer to the human scale and to create a pedestrian-friendly atmosphere.

e. Building design and orientation should consider exposure to sunlight to avoid energy inefficiencies.

a. Front Porches. Front porches shall be provided on all dwelling units, or as otherwise approved by the planning commission through specific design review. Porches shall be unenclosed, roofed structures attached to the dwelling structure. Porches shall be defined by a railing, wall, columns or similar architectural features, provided accessibility requirements are met. Porches are encouraged to reflect the design of traditional porches found in older neighborhoods. Railings and porch supports shall be composed of relatively substantial members, preferably wood, metal and/or masonry or other materials that complement the design. Porches may encroach eight feet into the front yard setback and two feet into the side yard setback. All construction must be done in accordance with the building code.

b. Colors, Materials, Roofs, Openings.

a. Front. The minimum front yard setback is fifteen feet, which shall include a five-foot park strip adjacent to the curb, which shall incorporate tree wells, street furniture and planter boxes; a sidewalk of five to six feet (at the discretion of the planning commission); and four to five feet of landscaping up to the foundation of the residential structure. With the input from the city engineer, modification to the sidewalk and park strip standard may be allowed to provide an appropriate tie-in to an adjacent neighborhood sidewalk. The front yard setback is measured from the back of curb.

b. Rear. There is no rear yard setback for new development except as required by the International Building Code, landscape buffers and the single family setback.

c. Side. There is no side yard setback for new development except as required by the International Building Code, landscape buffers and the single family setback.

d. Single Family Setback. The minimum setback from the property line, when adjacent to a single family residential zone, is fifteen feet, subject to the following exceptions. Development is considered adjacent when the development property directly abuts a single family residential zone or abuts a road right-of-way, canal or rail line bordering a single family residential zone.

a. 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.

b. All newly installed driveways shall align with any existing 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.

c. New development or modifications to existing development shall not propose parking in such a way that users may be allowed to back onto public rights-of-way.

d. Existing nonconforming driveways within the zone shall be retired upon construction of a new building.

e. 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.

a. Minimum Number of Models for Single Family Attached, or Other Multifamily Residential Unit Combinations That Appear to Be a Single Large House. Any development of fifty or more units in any of the above-listed configurations shall have at least three different types of housing models. Any development of fewer than fifty units of the above-listed configurations shall have at least two different types of housing models.

b. Minimum Model Characteristics for Single Family Detached, Attached, or Other Multifamily Residential Unit Combinations That Appear to Be a Single Large House. Each housing model shall have at least three characteristics which clearly and obviously distinguish it from the other housing models, such as different floor plans, exterior materials and colors, roof shapes, garage placement, window size/proportion/pattern, placement of the footprint on the lot, and/or overall building facade design.

c. Single Family Attached (Townhouse). The development of townhouses is limited to groupings no larger than eight units each. Any townhouse development shall provide at least two different unit models. Each unit model shall have at least three characteristics that clearly distinguish it from the other townhouse models.

a. For residential structures, rooftop mechanical equipment, vents, flues, fans and other pieces of equipment shall be screened and/or organized to leave pitched roofs as simple and uncluttered as possible, or, where roofs are flat, to be screened from view of a pedestrian at the far side of the adjoining right-of-way or one hundred feet from the front property line, whichever is less. Where such appurtenances are visible, they shall be painted a color that matches the roof color or other architectural features so that their visual impact is minimized.

b. Refuse containers shall be screened from view on all sides. Required screening may include new and existing plantings, walls, fences, screen panels, doors, topographic changes, buildings, horizontal separation, or any combination thereof. Screening fences, walls and/or plantings shall be one foot higher than the object to be screened. An opaque gate shall be included where required to complete screening.

a. Light Source. Light sources shall be at least as efficient as LED and no greater than four thousand Kelvin 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.

b. Parking Lot Lighting. Parking lot lighting shall be designed and constructed to comply with the following standards:

c. Other Outdoor Lighting Standards.

d. 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.

e. Lighting Plan Submission Requirements. A lighting plan is required for all developments and must contain the following:

a. The property is located in a historic district established before January 1, 2021; or

b. The property contains a structure listed in the State and National Register; or

c. The property is subject to a development agreement with design standards; or

d. The property is located in a residential area developed before 1950; or

e. 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.

a. Dwellings shall be serviced by a local street, an access road or drive, or an alley and shall not gain access from a collector or arterial street. Dwellings that front a courtyard, paseo, or common open space/recreation area are encouraged.

b. Buildings shall be arranged and situated to relate to surrounding properties, to improve the view from and of buildings and to minimize road area.

c. Ground floor pedestrian entrances must be oriented toward adjacent streets, plazas, courtyards, sidewalks and trails.

d. Buildings shall be designed to minimize pedestrian and automobile conflict while providing pedestrians direct access to a sidewalk or trail.

e. Massing should be divided into rhythmic blocks to bring the design of the unit much closer to the human scale and to create a pedestrian-friendly atmosphere.

f. Long building rows without varying setbacks or building mass should be avoided to prevent wind tunneling and long-term shadow casting.

g. Building planes shall incorporate varying heights, textures, shapes or colors to mitigate the visual impact buildings have on the public realm.

h. Building design and orientation should consider exposure to sunlight to avoid energy inefficiencies.

i. The landscaped setback is the build-to line for buildings adjacent to a public right-of-way. At least fifty percent of the front elevation must be built within three feet of the build-to line.

a. Minimum Landscape/Open Space Area. Improved landscape/open space area is required to meet whichever of the two following standards requires the greatest amount of area:

b. Maximum Landscape/Open Space Area. Subsection (B)(2)(a) of this section notwithstanding, no development shall be required to include more than forty percent landscape/open space area.

c. Minimum Landscaped Area. The applicant must landscape a minimum of ten feet between the side yard and the abutting property line when the side or rear yards are in public view.

d. Minimum Improved, Common Recreational Amenities. A minimum of fifteen percent of the land area shall be developed as active, improved common area to include such uses as mini parks, picnic areas, playgrounds, recreation areas and structures such as club houses, pavilions, swimming pools, etc. Improved, common recreational amenities shall be concentrated into larger, more functional areas as much as possible while continuing to provide each dwelling unit with an amenity within reasonable walking distance. Improved, common recreational amenities may count towards the required landscape/open space requirement.

e. Building Foundation Landscaping. The ground adjacent to the building foundation must be landscaped if it is visible from public vantage points. The landscaped area must be at least three feet in width.

f. 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.

g. Snow Removal. A plan for snow removal and/or storage shall be submitted for review by the planning staff.

a. Residential Architectural Standards. All new residential development must present an attractive streetscape, incorporate architectural and site design elements appropriate to a pedestrian scale, and provide for the safety and convenience of pedestrians. All new residential development shall comply with the general architectural standards for the transit-oriented development zone and with each of the following architectural standards:

b. Roof Form. Roof forms shall be designed in ways and/or used in combinations to break up large, continuous building forms, particularly for cluster and multiple-dwelling structures. Where flat roofs are used, other techniques to provide scale and interest shall be used to refine large, continuous building forms. Long unbroken ridge or parapet lines are prohibited.

c. Garages. Garage doors must be set back a minimum of twenty feet from the property line or sidewalk, whichever is greater, if off-street parking is to occur in the driveway. In all cases where garage doors face a street, the garage door shall be recessed a minimum of two feet behind the front line of the building living area (porches, bay windows, and similar projections not included). The style, materials, colors and roofs used in the construction of accessory structures, including garages and carports, shall be architecturally compatible with the primary structures.

d. Parking Enclosures. Parking enclosures/structures should be constructed within the same structure as the dwelling units whenever possible. Parking enclosures/structures shall be held to the same architectural standards as the residential structures.

a. Corner Lot Rule. Corner lots have two front yards.

b. Projections. Sills, cornices, flues and ornamental features may project into the front yard up to two and one-half feet, provided it does not impede pedestrian traffic on the sidewalk. Eaves, awnings, arcades and second story and above balconies may project into the front yard up to eight feet so long as these elements are at least eight feet above ground and do not impede pedestrian traffic on the sidewalk.

a. Three-story structures must be set back thirty-seven feet.

b. Projections. Sills, cornices, chimneys, flues, eaves, and ornamental features may project into the setback up to two and one-half feet.

c. Stairs and Landings. Outside stairways and landings required by building code for exterior doorways may project into the setback up to three feet.

a. Pole Height/Design.

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.

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. 2019-06 § 1 (Att. B); Ord. 2018-03 § 1 (Att. A); Ord. 2017-04 § 1 (Att. A); Ord. 2016-04 § 1 (Att. A); Ord. 10/21/2008O-8 § 1; Ord. 10/16/2007O-15 § 1)

a. All the roofs and secondary roofs of a building shall be constructed of the same material. All metal roofs must be of a subdued color. Painted roof shingles are prohibited.

b. Slopes of roofs shall be of equal pitch if a gable or hip roof is employed. Roof forms shall be designed in ways and/or used in combinations to break up large, continuous building forms, particularly for structures that are wider than they are tall. Long unbroken ridgelines are prohibited.

a. Parapets shall have strong cornice detailing to provide interest and scale.

b. Long unbroken parapets, particularly for buildings that are wider than they are tall, are prohibited.

a. All fences and walls meet the requirements of Title 15 of this code, Buildings and Construction;

b. No fence, hedge, or wall may extend beyond or across a property line without a recorded agreement with the abutting property owner;

c. Only one fence or wall shall be allowed per property line. Double fences, walls or combinations thereof are prohibited; and

d. No barbed wire or other sharp, pointed, or electrically charged fence may be erected or maintained, except a temporary fence on a construction site to protect the property during the period of construction may be topped with barbed wire where the barbed wire is not less than eight feet above the ground and does not extend more than two feet above the temporary fence.

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.

a. Protruding bays or columns;

b. Recessed entries;

c. Upper level step-backs;

d. Arcades;

e. Offsets, projections and shifts in the general plane of the facade;

f. Changes in materials or color;

g. Bay windows;

h. Vestibules;

i. Porches;

j. Balconies;

k. Exterior shading devices;

l. Nonretractable canopies or awnings;

m. Projecting cornices;

n. Eaves; or

o. Any other variation the planning commission may approve that meets the intent of this subsection.

a. Varying the size and/or style of windows;

b. Window sills;

c. Window grids;

d. Window trim;

e. Window headers;

f. Window railing;

g. Recessed windows;

h. Arcades; or

i. Any other treatment the planning commission may approve that meets the intent of this subsection.

a. Ornamental details such as quoins, knee braces and exposed joists;

b. A change of material applied to at least twenty percent of the facade;

c. A change of color applied to at least twenty percent of the facade;

d. Decorative parapets;

e. Reveals;

f. Pilasters;

g. Architectural banding or belt courses;

h. Cornice other than that at the top of the building;

i. Rounded design at street corners;

j. A change of pattern applied to at least twenty percent of the facade;

k. A distinguished upper floor for buildings with at least four floors; or

l. Any other treatment the planning commission may approve that meets the intent of this subsection.

a. Canopies, awnings or porticos;

b. Projecting eaves and cornices;

c. Recesses/projections of wall surfaces;

d. Arcades;

e. Raised parapets over the door;

f. Peaked roof forms;

g. Lighting features;

h. Entry plazas;

i. Display windows;

j. Architectural details such as masonry tile work and moldings which are integrated into the building structure and design;

k. Integral planters or wing walls that incorporate landscaping; or

l. Signs integrated with the building architecture.

a. Mandatory Elements. Mixed-use structures shall feature a combination of at least two of the following several elements, such as:

b. Signage. Mixed-use structures shall make substantial use of signage that is pedestrian in scale and is intended to guide visitors in locating the commercial and residential portions of the structure.

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.

a. Project Data Sheet. The project data sheet shall contain the following:

b. Planting Plan. A detailed planting plan shall be drawn at a scale that clearly identifies the following:

c. Irrigation Plan. A detailed irrigation plan shall be drawn at the same scale as the planting plan and shall contain the following information:

d. Grading Plan. A grading plan shall be drawn at the same scale as the planting plan and shall contain the following information:

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 (non-irrigated), 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 amounts 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 non-turf 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 (percentage) 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.

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 shutoff 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 non-turf areas shall be irrigated on separate valves. 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.

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.

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:

a. No driveway shall be less than fifty feet from intersecting rights-of-way.

b. No driveway or aisle shall exceed three hundred feet in length unless traffic-calming devices/techniques are used to slow traffic and safely allow pedestrian crossings.

c. 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.

a. Parking structures shall include a layout that considers safe walking routes to elevators, stairways, doors, and to the sidewalk system.

b. Parking structures shall contain ground-level retail, office or display windows along all street-fronting facades of the parking structure. Parking structures with street frontage in primarily residential areas may utilize residential units or residential architecture that reflects surrounding residential units to mask the visual impact of the parking structure.

c. Parking structures that are not located adjacent to or within clear sight of a public street or other major transportation thoroughfare shall utilize plant material as screening to minimize the visual impact of the parking structure.

d. Parking structures shall be designed with an architectural theme similar to the adjoining structures. Openings that face and can be seen from major vehicular and pedestrian thoroughfares shall be of similar size and, whenever possible, shape to those found on adjacent buildings.

e. Walls, materials, patterns, colors, roof forms, and front entryways shall conform to the standards for all buildings in the applicable project area and shall reflect those used for adjacent buildings.

f. Parking stall width may be reduced to eight feet, three inches.

g. Parking stalls located adjacent to walls or columns shall be one foot wider than the minimum required width to accommodate door-opening clearance and vehicle maneuverability.

h. The planning commission may waive one or all of the foregoing design/architecture requirements if an architect can demonstrate that the requirement in question is not feasible and when the architect has utilized other architectural methods to blend the structure with neighboring structures and screen the visual impacts of the structure.

a. Units located within one-eighth of a mile of the transit stop must have one and one-quarter parking spaces per two bedroom unit;

b. Units located within a quarter of a mile of the transit stop must have one and one-half parking spaces per two bedroom unit;

c. Units located outside of the quarter mile line will have parking as determined by the planning commission;

d. One bedroom units shall be allowed a one-quarter parking space per unit reduction in the parking requirement;

e. Units with three or more bedrooms shall include an additional one-quarter parking space per unit;

f. One additional guest parking space for every four units shall be included on the parking plan although on-street parking, where allowed by the city engineer, may be used to meet this requirement;

g. Projects that lack direct and unimpeded pedestrian access to the transit stop or that lack a viable and sustainable parking control plan shall include parking as required by the planning commission regardless of location;

h. Mixed-use projects shall include the parking spaces required for the commercial portion of the project at the dimensions required for commercial parking lots. These parking places may be shared with a residential use as allowed under this title, but they shall be concentrated near the commercial use to ensure access to the commercial use patrons.

a. Up to sixty percent of the total parking spaces must be at least eight and one-half feet wide by eighteen feet long, however, the remaining parking spaces must be at least 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 and motorcycle spaces may be included in a project but will not count toward the parking requirement.

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 dwelling shall provide a minimum twenty-foot transition area at no greater than a 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.

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.

b. Corners. 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 corners, 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. Aisle. A minimum aisle width of twenty-four feet is required.

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.

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.

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 a 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.

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.

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.

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 thirty days of written notification. Benches or shelters not moved within the thirty-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.

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 thirty days of written notification. Newspaper or ad stands not moved within the thirty-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. 2017-04 § 1 (Att. A); Ord. 2015-13 § 1 (Att. A); Ord. 10/21/2008O-8 § 1; Ord. 10/16/2007O-15 § 1; Ord. 5/1/2007O-5 § 1; Ord. 11/23/2004O-34 § 1(2); Ord. 10/28/2003O-11 §§ 1(1, 4); Ord. 3/18/2003O-1 § 1; Ord. 3-19-2002A § 1(8); Ord. 11-20-2001 § 2. Formerly 17-7-8.9)

a. Child Care Facility/Center. Each application for a child care facility or center must include:

b. Assisted Living/Senior Housing/Congregate Care. Each application for an assisted living, senior housing or congregate care use must comply with the following:

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:

b. Outdoor Dining. Each application for an outdoor dining use shall comply with the following:

c. Fences Greater Than Seven Feet in Height. Each application for a fence greater than seven feet in height 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.

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. (Ord. 2017-04 § 1 (Att. A); Ord. 2014-04 § 1 (Att. A); Ord. 11/10/2009O-20 § 1 (Att. A); Ord. 5/5/2009O-8 § 1 (Att. A); Ord. 10/21/2008O-8 § 1; Ord. 10/16/2007O-15 § 1; Ord. 5/16/2006O-5 § 1; Ord. 11-20-2001 § 2. Formerly 17-7-8.11)