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Midvale City Zoning Code

17-7-9 Bingham

Junction Zone BJ

Prior legislation: Ords. 10/28/2003O-11, 3/18/2003O-1, 12/03/2002A, 3-19-2002A, 11-20-2001.

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:

17-7-9.1 Purpose.

This chapter provides standards for land development within the Bingham Junction zone (BJ zone). The entire BJ zone property will be planned as a large scale master planned development, in accordance with this chapter, prior to any new development on the property. Approval of a small scale master planned development, in accordance with this chapter, will also be a condition precedent to any new development within the BJ zone. Generally, the BJ zone encourages a dynamic mix of uses, which includes three use categories: residential, urban (retail/office flex), and mixed-use. Based on the clustering and increased densities allowed as part of the Bingham Junction zone standard, the large scale master plan shall include at no cost to the city a dedication of twenty percent of the real property to be improved later as open space and linked trails. This master planning process is designed to guide development of the elements of a functioning, sustainable community in a manner consistent with specific environmental conditions associated with the site. All new development that occurs within the BJ zone is subject to institutional control plans, as approved by the Environmental Protection Agency, the Utah Department of Environmental Quality and the city of Midvale. In the BJ zone, new development shall, to the extent relevant:

A. Address environmental conditions at the site through adherence to applicable institutional controls governing (among other things) materials management, cover and barrier maintenance and replacement, surface water management, and so forth;

B. Include variations in architectural design and housing types and affordability that have direct access to open space or parklands;

C. Implement a project, which joins new construction with the overall Midvale community in a thoughtful and constructive way;

D. Coordinate a mix of sustainable uses and development that complement housing and commerce opportunities and that are compatible with adjacent historic neighborhoods;

E. Include landscaping to provide a distinctive visual quality to the area;

F. Include multi-modal transportation links including the two-hundred-foot-wide Bingham Junction Boulevard;

G. Provide significant, functional, improved open space, including the Jordan River Ecological Park along the east bank of the Jordan River; and

H. Provide pedestrian connections within and among developments and between adjacent neighborhoods. (Ord. 9/21/2004O-29 § 1)

17-7-9.2 Planning and zoning process.

Approval by the city and any property owners’ association (POA) of large and small scale master plans is a condition precedent to any new development of the site. The planning and zoning process applicable to any new development within the BJ zone shall be as follows:

A. Large Scale Master Plan Criteria. The large scale master plan approved in conjunction with the BJ zone (as amended) shall run with the land and shall govern the city’s approval or denial of subsequent development plans related to any new development at the site. The large scale master plan provides for a development that creates a dynamic and sustainable community using development areas which support urban, residential and/or mixed-use land planning. For purposes of planning and zoning, the property within the BJ zone has been classified in six subareas (numbered 1 through 6), as depicted on Appendix A which is on file in the city recorder’s office. In addition to the criteria set forth in Section 17-3-5, specific criteria applicable to the large scale master plan are as follows:

1. Minimum/Maximum Densities. Development within the BJ zone shall be entitled to densities in each subarea as follows:

Densities

Subarea 1

Subarea 2

Subarea 3

Subarea 4

Subarea 5

Subarea 6

Residential, Single Fam. Detached: Minimum DU/Ac*

4 DU/Ac

5 DU/Ac

5 DU/Ac

5 DU/Ac

Residential, Single Fam. Detached: Maximum DU/Ac

13 DU/Ac

13 DU/Ac

15 DU/Ac

15 DU/Ac

Residential, Single Fam. Detached: Minimum lot size

Min. Width: 30 ft.

2,800 SF

2,800 SF

2,500 SF

2,500 SF

Residential, Single Fam. Attached (townhouses, duplexes, triplexes, etc.): Maximum DU/Ac

24 DU/Ac

24 DU/Ac

24 DU/Ac

24 DU/Ac

24 DU/Ac

Residential, Multi-Family: Maximum DU/Ac

30 DU/Ac

30 DU/Ac

30 DU/Ac

30 DU/Ac

30 DU/Ac

Nonresidential, Mixed-Use: Maximum FAR**

1.5 FAR

1.5 FAR

1.5 FAR

1.5 FAR

1.5 FAR

1.5 FAR

Mixed-Use, Maximum FAR**

0.8 Min. FAR

3.0 FAR

2.0 FAR

*DU/acre: Dwelling units per acre: number of dwelling units divided by the total acreage of the development.

**FAR: Gross floor area ratio for nonresidential uses and accessory structures, inclusive of nonleasable enclosed space, but exclusive of below grade inhabitable and/or unoccupied space, and exclusive of covered parking areas and parking structures, divided by the land area of a lot or parcel.

2. Improved Open Space/Trails. The large scale master plan includes, at no cost to the city, dedication of real property to be utilized as improved open space in a usable and accessible manner. The dedication is based on the clustering and increased densities allowed as part of the Bingham Junction zone standard. The allocations for cost of and requirements related to the development of specific improvements to open space and trail linkages shall be developed as part of the large scale master plan, small scale master plan and related development agreements.

3. Jordan River Park. The large scale master plan includes an improved public park along the east bank of the Jordan River. The park includes trail connections from each of the use districts, which provide links throughout the BJ zone to the park.

4. Bingham Junction Boulevard. The large scale master plan includes the owner’s commitment in the first development phase to dedicate the two-hundred-foot-wide Bingham Junction Boulevard along the general alignment shown in the plan.

5. Institutional Controls. The large scale master plan will demonstrate that it is in conformance with applicable institutional controls.

B. Small Scale Master Plan. Each small scale master plan must be accompanied by a current letter of approval from the applicable POA at each step of the city’s review and approval process prior to submission to the planning staff, planning commission and the city council. Each small scale master plan application must be consistent with the large scale master plan, the common development standards set forth in Section 17-7-9.5, and must include the following elements:

1. Zoning Plan. The BJ zone (as amended) does not include detailed provisions regarding certain standards and guidelines but adopts a series of goals and intent statements, as set forth in Section 17-7-9.4 (Common intent statements). The zoning plan will include proposed, detailed standards and guidelines (in ordinance format) governing the development that implement the goals of the large scale master plan and the applicable intent statements. Once approved, the zoning plan shall be incorporated into and adopted as part of the BJ zone. The proposed standards and guidelines shall address the following issues:

a. Land use standards establishing land use types, occupancy, location, density, buffering and any other element envisioned by the large scale master plan;

b. Lot standards establishing requirements for minimum lot area, depth, coverage, and dimensions;

c. Building setback standards for front, side and rear yards;

d. Design standards addressing building orientation and mass, common and private open space, natural resource protection, architectural design including colors and materials, and any other provisions proposed to be included in the zone;

e. Landscaping and buffering standards; and

f. Parking lot design standards (including lighting).

2. Development Plan. The small scale master plan shall include a schematic development plan showing the following:

a. Location of proposed uses, including dwelling unit density and occupancy;

b. Height, location, bulk and preliminary elevations of buildings;

c. Location, arrangement and configuration of open space, landscaping, and building setbacks;

d. Location, access points, and design of off-street parking areas;

e. Number, size and location of signs;

f. Street layout, and traffic and pedestrian circulation patterns, including proposed access to the property to adjoining and nearby properties and uses.

3. Development Agreement. In 2005, the city entered into a master development agreement with Littleson, Inc. During the term of the master development agreement and subject to any amendment to the master development agreement, a development agreement, in a form satisfactory to the city attorney and city council, wherein the owner agrees to comply with the provisions of the conditional use permit for the master planned development and provides security, to the satisfaction of the city attorney and city council, for all on- and off-site public improvements associated with the development.

4. Open Space. The small scale master plan will include (a) a detailed description of how the relevant open space areas shown on the large scale master plan will be implemented (improved and dedicated, as applicable); and (b) how the open space areas will be linked to the overall open space system identified in the large scale master plan. The dedication is based on the clustering and increased densities allowed as part of the Bingham Junction zone standard. The allocations for cost of and requirements related to the development of specific improvements to open space and trail linkages shall be developed as part of the large scale master plan, small scale master plan and related development agreements.

5. Institutional Controls. The small scale master plan will demonstrate that it is in conformance with applicable institutional controls.

C. Subdivision, Site Plans, Building Permits. Subdivision of land within the BJ zone may occur prior to, after, or in conjunction with approval of the applicable small scale master plan. Subdivision, site and project plans, and building permits within the BJ zone shall be in accordance with the current Building Code, the common development standards set forth in Section 17-7-9.5, this chapter, and Section 17-7-3 and Title 16 of the Midvale City Code. Each subdivision plat, site and project plan, and building permit application must be accompanied by a current letter of approval from the applicable POA at each step of the city’s review and approval process prior to submission to the planning staff, planning commission and the city council. (Ord. 2023-14 § 1 (Att. B); Ord. 9/21/2004O-29 § 1)

17-7-9.3 Uses.

If a use is not specifically designated, it is prohibited. Some uses may be prohibited from certain areas of the zone due to environmental constraints. 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.

Subarea 1—Residential

Use Type

Allowed

Administrative

Conditional

Business License

Accessory Structure—Unoccupied

Assisted Living:

≤ 1/2 acre

> 1/2 acre

Child Care:

Center: ≤ 6 children

Facility: 7 to 12 children

Disabled Care Facility

Dwellings:

Single Family, Detached

Single Family, Attached

Multifamily 1/2—1 acre

Multifamily > 1 acre

External Accessory Dwelling Unit*

Fences, 7' or less

Home Occupation

Internal Accessory Dwelling Unit*

Kennel, Private

Master Planned Development

Municipal Facilities:

Parks

Public Safety Facility

Library

Postal Facility

Public Utilities:

Major

Minor

Recreation Facilities

Trails

Quasi-Public Facility

Recreation Facility:

Private

Religious/Educational Institution:

Permanent

Temporary

Telecommunications Facility < 35' in height

Subarea 1—Urban

Use Type

Allowed

Administrative

Conditional

Business License

Alcoholic Beverage:

Package Agency

Private Club/Tavern

Restaurant, Beer Retailer, etc.

State Liquor Store

Animal Hospital

Assembly Use:

Electronic Instruments

Computer

Assisted Living:

≤ 1/2 acre

> 1/2 acre

Athletic, Tennis, Health Club

Bed and Breakfast

Cafe, Deli

Carwash, Tunnel

Child Care:

Center: ≤ 6 children

Facility: ≥ 7 children

Disabled Care Facility

Entertainment Center

Fences:

7' or less

7' or more

Financial Institution:

W/o drive-up window

W/drive-up window

Itinerant Merchant:

Seasonal Food Stands

Christmas Tree Sales

Fireworks Stands

Seasonal Produce Stands

Seasonal Flower Stands

Manufacturing

Medical Cannabis Pharmacy*

Mixed-Use—horizontal, vertical

Mortuary/Funeral Home

Municipal Facilities:

Parks

Public Safety Facility

Library

Postal Facility

Public Utilities

Major

Minor

Recreation Facilities

Trails

Nursery, Commercial

Office:

General

Intensive

Outdoor Dining

Outdoor Storage

Parking Lot:

Commercial

Private

Quasi-Public Facility

Recreation Facility:

Commercial

Private

Religious/Educational Institution:

Permanent

Temporary

Restaurant:

W/o drive-up window

W/drive-up window

Retail and Service Commercial:

W/drive-up window

W/o drive-up window

24-hour use

Shopping Center

Telecommunications Facility

Warehouse/Distribution

Subarea 2—Urban

Use Type

Allowed

Administrative

Conditional

Business License

Alcoholic Beverage:

Package Agency

Private Club/Tavern

Restaurant, Beer Retailer, etc.

State Liquor Store

Animal Hospital

Assembly Use:

Electronic Instruments

Computer

Assisted Living:

≤ 1/2 acre

> 1/2 acre

Athletic, Tennis, Health Club

Automobile Filling Station, Car Wash, and/or Repair

Cafe, Deli

Child Care:

Center: ≤ 6 children

Facility: ≥ 7 children

Disabled Care Facility

Entertainment Center

Fences:

7' or less

7' or more

Financial Institution:

W/o drive-up window

W/drive-up window

Hospital, Medical Center

Hotel/Motel

Itinerant Merchant:

Seasonal Food Stands

Christmas Tree Sales

Fireworks Stands

Seasonal Produce Stands

Seasonal Flower Stands

Medical Cannabis Pharmacy*

Mixed-Use—horizontal, vertical

Mortuary/Funeral Home

Municipal Facilities:

Parks

Public Safety Facility

Library

Postal Facility

Public Utilities

Major

Minor

Recreation Facilities

Trails

Office:

General

Intensive

Outdoor Dining

Outdoor Storage

Parking Lot:

Commercial

Private

Quasi-Public Facility

Recreation Facility:

Commercial

Private

Religious/Educational Institution:

Permanent

Temporary

Restaurant:

W/o drive-up window

W/drive-up window

Retail and Service Commercial:

Large*

W/drive-up window

W/o drive-up window

24-hour use

Retail and Service Commercial:

Medium**

W/drive-up window

W/o drive-up window

24-hour use

Retail and Service Commercial:

Small***

W/drive-up window

W/o drive-up window

24-hour use

Shopping Center

Telecommunications Facility

Warehouse/Distribution

Subarea 2—Mixed-Use 

Use Type

Allowed

Administrative

Conditional

Business License

Accessory Structure—unoccupied

Alcoholic Beverage:

Package Agency

Private Club/Tavern

Restaurant, Beer Retailer, etc.

State Liquor Store

Animal Hospital

Assembly Use:

Electronic Instruments

Computer

Assisted Living:

≤ 1/2 acre

> 1/2 acre

Athletic, Tennis, Health Club

Automobile Filling Station, Car Wash, and/or Repair

Cafe, Deli

Child Care:

Center: ≤ 6 children

Facility: ≥ 7 children

Disabled Care Facility

Dwellings:

Single Family Detached

Single Family Attached

Multifamily 1/2—1 acre

Multifamily > 1 acre

Entertainment Center

External Accessory Dwelling Unit*

Fences:

7' or less

7' or more

Financial Institution:

W/o drive-up window

W/drive-up window

Home Occupation

Hospital, Medical Center

Hotel/Motel

Internal Accessory Dwelling Unit*

Kennel, Private

Master Planned Development

Medical Cannabis Pharmacy*

Mixed-Use—horizontal, vertical

Mortuary/Funeral Home

Municipal Facilities:

Parks

Public Safety Facility

Library

Postal Facility

Public Utilities

Major

Minor

Recreation Facilities

Trails

Office:

General

Intensive

Outdoor Dining

Outdoor Storage

Parking Lot:

Commercial

Private

Quasi-Public Facility

Recreation Facility:

Commercial

Private

Religious/Educational Institution:

Permanent

Temporary

Restaurant:

W/o drive-up window

W/drive-up window

Retail and Service Commercial:

Large*

W/drive-up window

W/o drive-up window

24-hour use

Retail and Service Commercial:

Medium**

W/drive-up window

W/o drive-up window

24-hour use

Retail and Service Commercial:

Small***

W/drive-up window

W/o drive-up window

24-hour use

Shopping Center

Telecommunications Facility

Warehouse/Distribution

Subarea 3—Residential 

Use Type

Allowed

Administrative

Conditional

Business License

Accessory Structure—unoccupied

Assisted Living:

≤ 1/2 acre

> 1/2 acre

Child Care:

Center: ≤ 6 children

Facility: 7 to 12 children

Disabled Care Facility

Dwellings:

Single Family, Detached

Single Family, Attached

Multifamily 1/2—1 acre

Multifamily > 1 acre

External Accessory Dwelling Unit*

Fences, 7' or less

Home Occupation

Internal Accessory Dwelling Unit*

Kennel, Private

Master Planned Development

Municipal Facilities:

Parks

Public Safety Facility

Library

Postal Facility

Public Utilities:

Major

Minor

Recreation Facilities

Trails

Quasi-Public Facility

Recreation Facility:

Private

Religious/Educational Institution:

Permanent

Temporary

Telecommunications Facility < 35' in height

Subarea 3—Urban 

Use Type

Allowed

Administrative

Conditional

Business License

Alcoholic Beverage:

Package Agency

Private Club/Tavern

Restaurant, Beer Retailer, etc.

State Liquor Store

Animal Hospital

Assembly Use:

Electronic Instruments

Computer

Assisted Living:

≤ 1/2 acre

> 1/2 acre

Athletic, Tennis, Health Club

Automobile Filling Station, Car Wash, and/or Repair

Cafe, Deli

Child Care:

Center: ≤ 6 children

Facility: ≥ 7 children

Disabled Care Facility

Entertainment Center

Fences:

7' or less

7' or more

Financial Institution:

W/o drive-up window

W/drive-up window

Hospital, Medical Center

Hotel/Motel

Itinerant Merchant:

Seasonal Food Stands

Christmas Tree Sales

Fireworks Stands

Seasonal Produce Stands

Seasonal Flower Stands

Medical Cannabis Pharmacy*

Mixed-Use—horizontal, vertical

Mortuary/Funeral Home

Municipal Facilities:

Parks

Public Safety Facility

Library

Postal Facility

Public Utilities

Major

Minor

Recreation Facilities

Trails

Office:

General

Intensive

Outdoor Dining

Outdoor Storage

Parking Lot:

Commercial

Private

Quasi-Public Facility

Recreation Facility:

Commercial

Private

Religious/Educational Institution:

Permanent

Temporary

Restaurant:

W/o drive-up window

W/drive-up window

Retail and Service Commercial:

Large*

W/drive-up window

W/o drive-up window

24-hour use

Retail and Service Commercial:

Medium**

W/drive-up window

W/o drive-up window

24-hour use

Retail and Service Commercial:

Small***

W/drive-up window

W/o drive-up window

24-hour use

Shopping Center

Telecommunications Facility

Warehouse/Distribution

Subarea 3—Mixed-Use 

Use Type

Allowed

Administrative

Conditional

Business License

Accessory Structure—unoccupied

Alcoholic Beverage:

Package Agency

Private Club/Tavern

Restaurant, Beer Retailer, etc.

State Liquor Store

Assisted Living:

≤ 1/2 acre

> 1/2 acre

Athletic, Tennis, Health Club

Cafe, Deli

Child Care:

Center: ≤ 6 children

Facility: ≥ 7 children

Disabled Care Facility

Dwellings:

Single Family Detached

Single Family Attached

Multifamily 1/2—1 acre

Multifamily > 1 acre

External Accessory Dwelling Unit*

Fences:

7' or less

7' or more

Financial Institution:

W/o drive-up window

W/drive-up window

Home Occupation

Internal Accessory Dwelling Unit*

Kennel, Private

Master Planned Development

Medical Cannabis Pharmacy*

Mixed-Use—horizontal, vertical

Municipal Facilities:

Parks

Public Safety Facility

Library

Postal Facility

Public Utilities

Major

Minor

Recreation Facilities

Trails

Office:

General

Intensive

Outdoor Dining

Parking Lot:

Private

Quasi-Public Facility

Recreation Facility:

Commercial

Private

Religious/Educational Institution:

Permanent

Temporary

Retail and Service Commercial:

Medium**

W/o drive-up window

Retail and Service Commercial:

Small***

W/o drive-up window

Telecommunications Facility

Subarea 4—Residential 

Use Type

Allowed

Administrative

Conditional

Business License

Accessory Structure—unoccupied

Assisted Living:

≤ 1/2 acre

> 1/2 acre

Child Care:

Center: ≤ 6 children

Facility: 7 to 12 children

Disabled Care Facility

Dwellings:

Single Family, Detached

Single Family, Attached

Multifamily 1/2—1 acre

Multifamily > 1 acre

External Accessory Dwelling Unit*

Fences, 7' or less

Home Occupation

Internal Accessory Dwelling Unit*

Kennel, Private

Master Planned Development

Municipal Facilities:

Parks

Public Safety Facility

Library

Postal Facility

Public Utilities:

Major

Minor

Recreation Facilities

Trails

Quasi-Public Facility

Recreation Facility:

Private

Religious/Educational Institution:

Permanent

Temporary

Telecommunications Facility < 35' in height

Subarea 4—Urban 

Use Type

Allowed

Administrative

Conditional

Business License

Alcoholic Beverage:

Package Agency

Private Club/Tavern

Restaurant, Beer Retailer, etc.

State Liquor Store

Animal Hospital

Assembly Use:

Electronic Instruments

Computer

Assisted Living:

≤ 1/2 acre

> 1/2 acre

Athletic, Tennis, Health Club

Bed and Breakfast

Cafe, Deli

Carwash, Tunnel

Child Care:

Center: ≤ 6 children

Facility: ≥ 7 children

Disabled Care Facility

Entertainment Center

Fences:

7' or less

7' or more

Financial Institution:

W/o drive-up window

W/drive-up window

Itinerant Merchant:

Seasonal Food Stands

Christmas Tree Sales

Fireworks Stands

Seasonal Produce Stands

Seasonal Flower Stands

Manufacturing

Medical Cannabis Pharmacy*

Mixed-Use—horizontal, vertical

Mortuary/Funeral Home

Municipal Facilities:

Parks

Public Safety Facility

Library

Postal Facility

Public Utilities

Major

Minor

Recreation Facilities

Trails

Nursery, Commercial

Office:

General

Intensive

Outdoor Dining

Outdoor Storage

Parking Lot:

Commercial

Private

Quasi-Public Facility

Recreation Facility:

Commercial

Private

Religious/Educational Institution:

Permanent

Temporary

Restaurant:

W/o drive-up window

W/drive-up window

Retail and Service Commercial:

W/drive-up window

W/o drive-up window

24-hour use

Shopping Center

Telecommunications Facility

Warehouse/Distribution

Subarea 4—Mixed-Use 

Use Type

Allowed

Administrative

Conditional

Business License

Accessory Structure—unoccupied

Alcoholic Beverage:

Package Agency

Private Club/Tavern

Restaurant, Beer Retailer, etc.

State Liquor Store

Assisted Living:

≤ 1/2 acre

> 1/2 acre

Athletic, Tennis, Health Club

Cafe, Deli

Child Care:

Center: ≤ 6 children

Facility: ≥ 7 children

Disabled Care Facility

Dwellings:

Single Family Detached

Single Family Attached

Multifamily 1/2—1 acre

Multifamily > 1 acre

External Accessory Dwelling Unit*

Fences:

7' or less

7' or more

Financial Institution:

W/o drive-up window

W/drive-up window

Home Occupation

Internal Accessory Dwelling Unit*

Kennel, Private

Master Planned Development

Medical Cannabis Pharmacy*

Mixed-Use—horizontal, vertical

Municipal Facilities:

Parks

Public Safety Facility

Library

Postal Facility

Public Utilities

Major

Minor

Recreation Facilities

Trails

Office:

General

Intensive

Outdoor Dining

Parking Lot:

Private

Quasi-Public Facility

Recreation Facility:

Private

Religious/Educational Institution:

Permanent

Temporary

Retail and Service Commercial:

Medium**

W/o drive-up window

Retail and Service Commercial:

Small***

W/o drive-up window

Telecommunications Facility

Subarea 5—Urban 

Use Type

Allowed

Administrative

Conditional

Business License

Alcoholic Beverage:

Package Agency

Private Club/Tavern

Restaurant, Beer Retailer, etc.

State Liquor Store

Animal Hospital

Assembly Use:

Electronic Instruments

Computer

Assisted Living:

≤ 1/2 acre

> 1/2 acre

Athletic, Tennis, Health Club

Automobile Filling Station, Car Wash and/or Repair

Cafe, Deli

Child Care:

Center: ≤ 6 children

Facility: ≥ 7 children

Disabled Care Facility

Entertainment Center

Fences:

7' or less

7' or more

Financial Institution:

W/o drive-up window

W/drive-up window

Hospital, Medical Center

Hotel/Motel

Itinerant Merchant:

Seasonal Food Stands

Christmas Tree Sales

Fireworks Stands

Seasonal Produce Stands

Seasonal Flower Stands

Medical Cannabis Pharmacy*

Mixed-Use—horizontal, vertical

Mortuary/Funeral Home

Municipal Facilities:

Parks

Public Safety Facility

Library

Postal Facility

Public Utilities

Major

Minor

Recreation Facilities

Trails

Office:

General

Intensive

Outdoor Dining

Outdoor Storage

Parking Lot:

Commercial

Private

Quasi-Public Facility

Recreation Facility:

Commercial

Private

Religious/Educational Institution:

Permanent

Temporary

Restaurant:

W/o drive-up window

W/drive-up window

Retail and Service Commercial:

Large*

W/drive-up window

W/o drive-up window

24-hour use

Retail and Service Commercial:

Medium**

W/drive-up window

W/o drive-up window

24-hour use

Retail and Service Commercial:

Small***

W/drive-up window

W/o drive-up window

24-hour use

Shopping Center

Telecommunications Facility

Warehouse/Distribution

Subarea 5—Mixed-Use 

Use Type

Allowed

Administrative

Conditional

Business License

Accessory Structure—unoccupied

Alcoholic Beverage:

Package Agency

Private Club/Tavern

Restaurant, Beer Retailer, etc.

State Liquor Store

Assisted Living:

≤ 1/2 acre

> 1/2 acre

Athletic, Tennis, Health Club

Bed and Breakfast Inn

Cafe, Deli

Child Care:

Center: ≤ 6 children

Facility: ≥ 7 children

Disabled Care Facility

Dwellings:

Single Family Attached

Multifamily 1/2—1 acre

Multifamily > 1 acre

External Accessory Dwelling Unit*

Entertainment Center

Fences:

7' or less

7' or more

Financial Institution:

W/o drive-up window

W/drive-up window

Home Occupation

Internal Accessory Dwelling Unit*

Master Planned Development

Medical Cannabis Pharmacy*

Mixed-Use—horizontal, vertical

Municipal Facilities:

Parks

Public Safety Facility

Library

Postal Facility

Public Utilities

Major

Minor

Recreation Facilities

Trails

Office:

General

Intensive

Outdoor Dining

Parking Lot:

Commercial

Private

Quasi-Public Facility

Recreation Facility:

Commercial

Private

Religious/Educational Institution:

Permanent

Temporary

Retail and Service Commercial:

Medium**

W/drive-up window

W/o drive-up window

24-hour use

Retail and Service Commercial:

Small***

W/drive-up window

W/o drive-up window

24-hour use

Shopping Center

Telecommunications Facility

Subarea 6—Mixed-Use 

Use Type

Allowed

Administrative

Conditional

Business License

Accessory Structure—unoccupied

Assisted Living:

≤ 1/2 acre

> 1/2 acre

Athletic, Tennis, Health Club

Cafe, Deli

Child Care:

Center: ≤ 6 children

Facility: ≥ 7 children

Disabled Care Facility

Dwellings:

Single Family Detached

Single Family Attached

Multifamily 1/2—1 acre

Multifamily > 1 acre

External Accessory Dwelling Unit*

Fences:

7' or less

7' or more

Financial Institution:

W/o drive-up window

W/drive-up window

Home Occupation

Internal Accessory Dwelling Unit*

Kennel, Private

Master Planned Development

Medical Cannabis Pharmacy*

Mixed-Use—horizontal, vertical

Municipal Facilities:

Parks

Public Safety Facility

Library

Postal Facility

Public Utilities

Major

Minor

Recreation Facilities

Trails

Office:

General

Intensive

Outdoor Dining

Outdoor Storage

Parking Lot:

Commercial

Private

Quasi-Public Facility

Recreation Facility:

Commercial

Private

Religious/Educational Institution:

Permanent

Temporary

Retail and Service Commercial:

Medium**

W/drive-up window

W/o drive-up window

Retail and Service Commercial:

Small***

W/drive-up window

W/o drive-up window

Telecommunications Facility

Warehouse/Distribution

*Large: 25,000 SF or larger, single tenant

**Medium: 12,500 SF to 24,999 SF, single tenant

***Small: 400 SF to 12,499 SF, single tenant

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. 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.

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 its respective overlay.

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. 2025-14 § 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. 2014-04 § 1 (Att. A); Ord. 5/5/2009O-8 § 1 (Att. A); Ord. 9/21/2004O-29 § 1)

17-7-9.4 Common intent statements.

A. Site Plan/Urban Design Standards Common to All or Multiple Subareas.

1. Building and Use Orientation.

a. Intent.

i. To orient front facades toward public streets, parks or plazas.

ii. To provide informal observation of publicly accessible streets and open spaces from adjoining buildings.

iii. To define public spaces, such as streets and parks, with buildings and their uses so that these spaces are more apparent, active and interesting.

iv. To encourage pedestrian activity along the street through the incorporation of street-oriented entries and pedestrian-generative ground level uses in the building design.

2. Building Interrelationships.

a. Intent.

i. To create a reasonably continuous building edge along the street which is helpful in achieving a defined place, and in promoting pedestrian activity.

ii. To locate buildings to frame or terminate selected views.

iii. To locate buildings in order to form a clear entry into a district or neighborhood.

iv. To locate buildings of varying heights or masses in order to make smooth transitions between developments of dissimilar scale.

v. To locate buildings to form edges to open spaces, creating clear distinctions between landscaped open space and the built environment.

vi. To terminate views along public streets on a well-designed building, landscape feature, park or a distant view of the mountains.

vii. To set back commercial uses enough to include a wide, attached sidewalk with three zones: an amenity zone, a walking zone and a building.

3. Pedestrian and Vehicular Access.

a. Intent.

i. To encourage as much pedestrian activity as possible on and visible to the street.

ii. To minimize the interruption of sidewalks by driveways and maximize generally uninterrupted pedestrian paths.

iii. To create a continuous pedestrian and bicycle network that makes effective connections throughout the site and between subareas through the use of sidewalks, pathways and trails.

iv. To promote security through frequent activity and “eyes on the street.”

v. To promote activity and safety on the street by providing frequent entries to buildings and uses.

vi. To create a clearly organized system of entrances, driveways and parking areas.

vii. To minimize conflict between automobiles, bicycles, and pedestrians.

viii. To minimize driveway paved areas and curb cuts to reduce overall visual impact on the street.

ix. To encourage shared driveways and parking, where feasible.

x. To enhance pedestrian safety and comfort by providing clearly defined routes through parking areas and from public sidewalks to primary building entries and trail connections.

4. Parking Lots and Garage Locations.

a. Intent.

i. To minimize the visual impact of vehicles, both parked and moving, as much as possible, particularly on residential neighborhoods.

ii. To minimize the impact of vehicle noise and headlights from within parking areas on adjacent streets and residences.

iii. To visually or physically subdivide large parking fields.

iv. To encourage the placement of parking lots and parking garages at the rear or side of buildings, rather than in front of buildings.

5. Service Area, Refuse Storage, Utility and Mechanical Equipment Locations.

a. Intent.

i. To minimize the visual impact of service areas, refuse storage and mechanical/electrical equipment on streets, open spaces and adjoining development.

6. Private On-Site Open Space Provision and Location.

a. Intent.

i. To create usable private open spaces for private residences, suitable for passive recreation activities.

ii. To create both semi-public spaces where residents can informally interact with their neighbors, and private spaces where residents can be generally screened from public view.

iii. To create private and semi-public spaces where children can play safely.

iv. To supplement public open space such as parks and drainage corridors with privately developed open space that helps complete linkages and organize development.

B. Architectural Standards Common to All or Multiple Subareas.

1. Building Form and Massing.

a. Intent.

i. To create variety in a building’s form and profile against the sky, consistent with its function and constituent parts.

ii. To align buildings consistently enough to create a unified street environment and well-defined street edge.

iii. To moderate scale changes between adjacent buildings of differing heights.

iv. To promote sun and sky exposure to public streets and plazas.

v. To create occasional special building forms that terminate views, define neighborhoods and aid in wayfinding.

vi. To provide building elements that define a clear transition between differing neighborhoods or environments.

vii. To connect with traditional regional forms of architecture, and promote a sense of regional identity.

b. Additional Requirements for Residential Buildings.

i. Intent.

(A) To create human-scaled structures with varied forms that define individual units and break down the scale of larger buildings.

2. Building Facade and Character.

a. Intent.

i. To create visually interesting facades that face streets or public spaces.

ii. To avoid large areas of undifferentiated or blank facades.

iii. To provide human scale and detail.

iv. To take advantage of the amount and strength of the sunlight in this region by incorporating texture and relief in the facade design.

v. To emphasize major entries to buildings to help provide visual interest and scale in the facade, as well as to improve the wayfinding characteristics of the building.

vi. To emphasize important components of a building, such as special interior spaces and corners.

vii. To design primary building facades that face streets and significant public spaces with the highest quality, character and scale.

viii. To design the secondary facades along the sides and rears of buildings with good detailing and proportion relative to the primary facade.

ix. To provide transparent glazing at the ground floor that ensures visibility of active uses and goods.

x. To provide transparent glazing at upper levels sufficient to allow awareness of internal activities when viewed from the street or public space, where practicable.

xi. To design retail storefronts and other pedestrian-active buildings with integrated architectural features that shield pedestrians from sun and adverse weather conditions.

b. Additional Requirements for Residential Buildings.

i. Intent.

(A) To create well proportioned, visually interesting facades with generous amounts and sizes of windows, particularly for facades that face the street or public open space.

(B) To minimize the street frontage of garages.

(C) To design functional, authentic architectural features. By way of example, porches should be able to accommodate at least one chair, and building articulation should reflect interior spatial organization.

3. Building Materials.

a. Intent.

i. To use lasting materials that weather well, resist vandalism, and gracefully age.

ii. To use materials which need little maintenance.

iii. To use materials that incorporate human scale in their modules, details and/or textures.

iv. To use materials that convey a sense of quality and attention to detail.

v. To avoid the use of synthetic materials which imitate natural materials, and to use synthetic materials in ways that reflect their intrinsic characteristics.

vi. To use materials which reflect regional resources and building traditions. Materials that are indigenous to the region are encouraged.

vii. To avoid the use of “synthetic stucco” or external insulated finish systems (EIFS) on the ground floors of buildings.

viii. To use hard coat cement stucco systems in lieu of EIFS as much as possible.

ix. To avoid the use of highly reflective glass.

x. To provide mostly earth tone exterior color schemes.

4. Building Lighting.

a. Intent.

i. To provide lighting that identifies and allows safe access to the entries of the building.

ii. To provide lighting that selectively and subtly enhances the architectural design of the building at night.

iii. To avoid glare from security lighting onto adjoining private property, particularly into the windows of bedrooms.

b. Additional Requirements for Residential Buildings.

i. Intent.

(A) To provide safe access to the unit’s garage or other parking facilities.

5. Rooftop Design and Mechanical Screening.

a. Intent.

i. To significantly reduce or eliminate the visual clutter of rooftop equipment as seen from the street or public open space.

ii. To reduce equipment noise impacts on adjacent residential uses.

iii. To design rooftop screening elements and penthouses to compliment the architecture, materials and colors of the building.

b. Additional Requirements for Residential Buildings.

i. Intent.

(A) To maintain the shape of the primary residential roof form.

(B) To maintain the generally uninterrupted simplicity of a pitched roof form, and any attendant architectural forms such as dormers, as seen from the street or public open space.

C. Landscape Standards Common to All or Multiple Subareas.

1. Overall On-Site Landscape Treatment.

a. Intent.

i. To design landscape treatments in conformance with governing institutional controls.

ii. To reduce the scale and give spatial definition to the street through a consistent tree planting, where practicable.

iii. To ensure that no part of the site, regardless of use, is left without landscape treatment.

iv. To limit the use of sod to areas, where a resilient groundcover is needed, such as playing fields or active-use park spaces.

v. To encourage large tree pits to give trees better growth opportunity.

vi. To use trees, planters and plant beds to define edges of spaces and subspaces, particularly within plazas, open spaces and the public realm.

vii. To provide transition between developed and natural areas.

viii. To control erosion through appropriate planting design.

2. Building Perimeter Landscape.

a. Intent.

i. To promote the mixing of uses through seamless transitions between buildings, uses and open spaces.

ii. To reinforce the pedestrian environment and street character established in the adjoining street right-of-way.

iii. To create street and plaza spaces that join buildings, uses, pedestrian areas, and streets into unified urban places.

iv. To provide irrigated landscaping adjacent to a building’s front facade, given appropriate soil conditions.

v. To provide irrigated landscaping or hard surface decks/patios adjacent to a building’s side or rear facades, given appropriate soil conditions, and private outdoor use.

3. Use and Building Related Courtyards, Plazas, and Other Usable Open Spaces.

a. Intent.

i. To create usable open spaces appropriate for passive recreational activities, such as informal play, reading and sitting in the sun or shade.

ii. To encourage reasonable water conservation practices.

iii. To link open spaces, visually and physically, with the public realm and with each other.

iv. To provide sunlight and visual amenity to occupants of adjacent structures.

4. Surface Drainage Landscape.

a. Intent.

i. To minimize water percolation and infiltration, as directed by governing institutional controls, in order to preserve the integrity of ground water sources.

ii. To utilize appropriate liners, if necessary, as directed by governing institutional controls.

iii. To encourage reasonable water conservation practices.

iv. To design landscaping capable of supporting intermittent flooding.

v. To design drainage ways and detention areas so that they are attractive visual amenities as well as useful drainage facilities.

5. Parking Lot Landscaping.

a. Intent.

i. To ensure adequate buffering between adjacent land uses.

ii. To reduce the scale of surface parking lots.

iii. To soften the appearance of parking lots with the addition of landscaping.

iv. To reduce the overall amount of heat radiated from parking areas.

v. To screen the view of surface parking lots and the cars in them from adjoining streets, residential areas, open spaces and pedestrian ways.

vi. To visually mark vehicular movements and pedestrian ways.

6. Screening, Fencing and Walls.

a. Intent.

i. To provide privacy and security for common spaces not open to the general public.

ii. To screen or buffer service areas, refuse containers and utility fixtures from views from streets, open spaces and adjacent properties.

iii. To avoid visually impenetrable “fence canyons” along public streets and open spaces.

iv. To prevent large areas of undifferentiated or opaque wall or fencing.

v. To promote the use of high-quality, durable and low-maintenance materials that are compatible with and appropriate to adjacent architectural style.

vi. To coordinate the design and location of walls and fencing to maximize the positive interrelationship of buildings, public streets and open space.

7. Site Lighting/Parking Lot Lighting.

a. Intent.

i. To provide a safe and secure environment within parking lots, drop-off areas, and public or private open spaces accessible to the public.

ii. To provide a safe and secure environment for all exterior walkways.

iii. To create a unified site identity.

iv. To distinguish the parking lot lighting system from the street lighting system in order to separate “street” and “parking lot.”

v. To create night-time interest through the lighting of selected landscape elements.

vi. To minimize glare onto adjacent properties and roadways.

vii. To encourage the use of energy-efficient light sources.

viii. To minimize light pollution of the nighttime sky by directing appropriate amounts of light when and where it is needed, and by avoiding overlighting.

8. Paving.

a. Intent.

i. To differentiate between plazas, sidewalks, crosswalks and other functional use areas.

ii. To provide a quality of paving materials and patterns consistent with the quality of the surrounding architecture and open spaces.

9. Site Furnishings.

a. Intent.

i. To provide seating in open spaces accessible to the public.

ii. To optimize flexibility by providing formal seating options, such as benches and movable chairs, and informal seating options, such as seat walls.

iii. To provide trash receptacles in areas where pedestrian traffic is expected.

iv. To provide bicycle storage at safe and convenient locations, particularly near building entrances and where building windows provide a clear view of outside activity.

v. To provide consistency and durability in the design of site elements such as railings, bollards, tree grates, benches and trash receptacles.

vi. To create a consistent site identity through site furnishings that complement, though not necessarily match, each other.

10. Plant Materials.

a. Intent.

i. To preserve the integrity of on-site environmental mitigation by selecting and installing plant materials in conformance with requirements and recommendations set forth in the governing institutional controls.

ii. To use quality plant materials that are sized to create a mature landscape in a reasonable amount of time.

iii. To select a palette of landscape materials appropriate to locale climate and soil.

iv. To encourage reasonable water conservation practices.

v. To give a sense of regional identity and authenticity in landscape.

vi. To group plants in authentic communities based on sun and water requirements.

vii. To provide enough landscaping to give the development a sense of quality, individuality, and design.

viii. To provide seasonal interest through plant materials that exhibit good spring bloom, good fall color and interesting winter texture or color.

ix. To avoid monoculture plantings that pose a risk of large-scale disease.

11. Irrigation and Maintenance.

a. Intent.

i. To encourage reasonable water conservation practices.

ii. To maintain irrigation systems in proper operational condition.

iii. To maintain plant materials in a healthy condition.

iv. To ensure that dead, diseased or otherwise sub-standard plant materials are replaced promptly.

v. To maximize the usable life span of all paving materials, hard-scape elements, plantings, furnishings and other site features.

vi. To assure safe conditions for all users.

vii. To time irrigation to minimize evaporation and inconvenience to pedestrians.

viii. To avoid obstructed lighting or sight lines caused by overgrown plant materials.

D. Sign Standards Common to All or Multiple Subareas.

1. Flat/Wall Signs.

a. 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:

i. 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.

ii. 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.

iii. An externally illuminated individually fabricated channel letter form using a specified cut-off floodlight fixture mounted to the building.

iv. An internally illuminated channel letter mounted to the building.

b. 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.

2. 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.

3. 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.

4. Door/Window Signs. Door and window signs are permitted as follows:

a. Lettering and logos may be applied directly onto storefront windows. This includes white gold leaf, applied vinyl, painted, etched or sandblasted.

b. 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.

c. 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.

d. 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.

e. 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.

f. 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.

5. 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 lineal 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.

6. Monument Signs. One monument sign may be allowed per street frontage for a multifamily or commercial project. A monument sign shall not exceed the sign area and height indicated in the sign table for each subarea and may be located on a berm of up to three feet in height. 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. Due to the unique nature of the Bingham Junction development and the large quantity of open space adjacent to viable commercial real estate, the city may grant an easement for the partial location of an approved monument sign within city-owned open space; provided, that it is located immediately adjacent to the business being advertised. No advertising for businesses located outside the adjacent development shall be allowed.

7. A-Frame Signs. One freestanding A-frame signboard per ground level tenant may be placed on private property within close proximity to a pedestrian way, or on a public or private sidewalk of at least ten feet in width, provided the sign does not interfere with pedestrian movement. The signboard copy space shall not exceed three feet in height and two feet in width with a maximum sign height of four feet.

8. Pylon Signs. One pylon sign is allowed in each identified retail area as indicated on the Illustrative Land Use Plan (Appendix B) which is on file in the city recorder’s office. Signs are for multi-tenant use only. Signs are to be placed as near the center of the Jordan River Boulevard street frontage as practicable. If buildings have been located against the right-of-way line, the sign may be located adjacent to the main drive entrance, but no closer than five hundred feet to another pylon sign. 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. Due to the unique nature of the Bingham Junction development and the large quantity of open space adjacent to viable commercial real estate, the city may grant an easement for the partial location of an approved pylon sign as identified in the Bingham Junction zone within city-owned open space; provided, that it is a multi-tenant sign located immediately adjacent to the shopping center/businesses being advertised. No advertising for businesses located outside the adjacent development shall be allowed.

9. 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.

10. Clearance and Setbacks. The following standards apply:

a. At intersecting streets all signs shall be located outside of the clear view area.

b. 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.

c. For signs over driveways for vehicular traffic, the minimum clearance shall be fourteen feet.

d. All monument signs shall be a minimum of three feet from a public sidewalk or property line.

11. Temporary Signs. The following provisions regulate the use of temporary signs. If a temporary sign type is not specifically designated, it is prohibited.

a. Attachment. Temporary signs may not be permanently attached to the ground, buildings or other structures.

b. 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 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.

c. 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 with all setbacks, clearances, and other general provisions of this title.

d. 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.

e. 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.

f. 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.

12. Wayfinding Signs. Provides direction to points of interest within the larger “Bingham Junction” development. Allowed interior to the “Bingham Junction” project only, spaced a minimum of five hundred feet apart. General directions only, not for individual tenants.

13. Flag Banners. Apartment or condominium complexes may utilize flag banners as follows:

a. No more than eight flag banners may be used per project;

b. Flag banner poles shall not exceed fifteen feet in height;

c. Flag banners shall only be permitted as part of an organized front entry feature that includes a project identification sign and landscaping;

d. Flag banners must be located a minimum of three feet from a public sidewalk or a property line and must be located outside of the clear view triangle; and

e. Flag banners shall contain no advertising copy. For the purposes of this subsection the project name is not considered to be advertising copy.

14. Above-Canopy Signs. Above-canopy signs are permitted as follows:

a. The canopy shall be a horizontal element on the building and shall not include a pitched roof. The canopy design and color shall relate to the building entrance, shall not extend more than five feet over the sidewalk, and shall be at least eight feet above the sidewalk;

b. The sign height shall not exceed one and one-half times the fascia height or four feet, whichever is less. In no instances shall the sign project above the building roofline;

c. The sign width shall not exceed eighty percent of the canopy width;

d. The sign shall only be located above the front fascia of the canopy;

e. The sign shall project no farther from the building than the associated canopy;

f. The sign shall be constructed of individual letters only and shall include only one line of lettering;

g. The sign may be externally or internally illuminated; and

h. The sign area used for the above-canopy sign shall be included in any calculation of wall sign area.

E. Public Parks and Open Space Standards Common to All or Multiple Subareas.

1. Park System.

a. Intent.

i. To create a site-wide network of public open spaces connected by green corridors.

ii. To distribute dedicated open spaces throughout the site and ensure that all residents have walking access to at least one open space amenity.

iii. To create variety in scale, character and use of open spaces; some distinctions may include neighborhood versus regional scale, naturalized versus manicured character, active versus passive use.

iv. To utilize well-defined natural and developed open spaces as the framework for block, lot and circulation patterns.

2. Formal and Informal Activities.

a. Intent.

i. To create usable open space suitable for active and passive recreational activities.

ii. To design spaces that provide for but minimize conflict between multiple user groups.

3. Pedestrian and Bicycle Circulation.

a. Intent.

i. To include both on- and off-street bicycle paths in the overall circulation network, where practicable.

ii. To minimize conflict between multiple modes of travel.

iii. To create an interconnected bicycle and pedestrian circulation system throughout the Bingham Junction development.

4. Landscape.

a. Intent. Refer to subsection C of this section.

5. Paving.

a. Intent. (In addition, refer to subsection (C)(8) of this section.)

i. To emphasize significant program elements within plazas, parks and open spaces.

ii. To create richness and interest within paved surfaces that reflect and support the overriding design objectives for each open space or plaza.

iii. To provide safe grade transitions that define edges of subspaces within significant plaza and open spaces.

6. Water Elements.

a. Intent.

i. To provide interest through sound and motion.

ii. To provide features that attract people and encourage interaction.

iii. To design water features that are equally interesting and attractive when water is not present, as when water is present.

iv. To encourage reasonable water conservation practices, with particular attention paid to water loss through over spray and evaporation.

7. Park and Open Space Furniture and Equipment.

a. Intent. Refer to subsection (C)(9) of this section.

8. Park and Open Space Lighting and Power.

a. Intent. (In addition, refer to subsection (C)(7) of this section.)

i. To provide spatial definition and emphasis within plaza, park and open space environments.

ii. To provide power and lighting flexibility for open space events.

9. Information Systems and Wayfinding.

a. Intent.

i. To provide informational and directional information in a clear and attractive manner.

ii. To complement and enrich the pedestrian experience.

iii. To provide a quality of signage materials and graphic design consistent with the quality and materials of the park, plaza or open space and surrounding architecture.

10. Drainage Systems and Detention/Retention Ponds.

a. Intent. Refer to subsection (C)(4) of this section.

11. Irrigation and Maintenance.

a. Intent. (In addition, refer to subsection (C)(11) of this section.)

i. To assure good maintenance of all park structures and systems.

ii. To make service functions as inconspicuous as possible through timing of activities and physical location and design of facilities.

F. Streetscape Standards.

1. Street and Alley Design.

a. Intent.

i. To create an interconnected street and block network that provides frequent and convenient pedestrian and vehicular access in several directions.

ii. To provide multiple ways in and out of a neighborhood.

iii. To design streets to include on-street parking, either parallel or diagonal/head-in.

iv. To avoid providing diagonal or head-in parking on bike routes.

v. To size streets as narrow as possible, while providing adequate traffic capacity and emergency vehicle access.

vi. To use tighter corner curb radii in order to shorten the pedestrian crossing distance, and to slow turning traffic.

vii. To minimize alley widths while maintaining adequate dimensions for garage, service and trash removal access.

2. Street Trees and Other Plant Materials.

a. Intent. Where the installation of street trees is feasible and in conformance with directives provided in the governing institutional controls:

i. To provide regularly spaced street trees, close enough together to define the street space, and to have an immediate visual effect.

ii. To provide larger canopy shade street trees resistant to urban conditions where not prohibited by the institutional controls requirements for vegetated soil cover system.

iii. To create consistencies in tree planting while avoiding monocultures that pose a risk of large-scale disease.

3. Sidewalks and Paving.

a. Intent.

i. Nonresidential.

(A) To design sidewalks within retail and commercial areas so that they include an amenity zone next to the curb, a walking clear zone adjacent to the amenity zone, and a building zone between the walking clear zone and the building.

(B) To size and design the sidewalk amenity zone to incorporate street trees (where allowed), landscape planters, pots or cut-outs within the paved area, street lights, pedestrian lights (where desired), bike racks, newspaper racks, regulatory signs, utility elements, information kiosks, and public seating.

(C) To size and design the walking zone to be clear of obstructions, sufficiently wide enough for two people to walk abreast, and meet the ADA accessibility code.

(D) To size and design the building zone to accommodate window shopping, outdoor cafe seating, temporary display of goods for sale, and possible handicapped access to the front door of a public use.

(E) To provide frequent, paved pedestrian access from on-street parking to the sidewalk walking zone, through the street trees and/or planting in the sidewalk amenity zone.

(F) To use authentic materials and avoid systems or materials that imitate other types of materials.

ii. Residential.

(A) To size and design the sidewalk to be clear of obstructions, sufficiently wide enough for two people to walk abreast, and meet the ADA accessibility code.

(B) To provide sidewalks detached from the curb a sufficient distance to accommodate street trees and their mature root systems, efficiently irrigated turf or ground cover, and the length of a handicapped curb ramp perpendicular to the sidewalk at the street intersection.

4. Street, Alley and Pedestrian Lighting.

a. Intent.

i. To provide a safe and secure environment for motorists, bicyclists and pedestrians.

ii. To reduce glare from street and pedestrian lights on adjoining residences.

iii. To create an identity for the development and/or special streets.

iv. To respond to and further neighborhood character through the selection of light poles, bases, and fixtures appropriate to the commercial, residential or civic nature of surrounding use.

v. To select consistent light poles, fixtures, lamp types, finishes and colors for all pedestrian and street lights in the Bingham Junction development area.

vi. To simplify the alley corridor by utilizing downcast, structure-mounted lighting in place of freestanding light fixtures.

5. Street Furnishings.

a. Intent.

i. To provide a safe, weather-sheltered area at selected bus stops.

ii. To provide comfortable, high quality and durable seating at all bus and transit stops.

iii. To provide trash receptacles in areas where pedestrian traffic is expected, and at bus and transit stops.

iv. To provide bicycle racks at safe and convenient locations, particularly near building entrances and where building windows provide a clear view of outside activity.

v. To provide consistency and durability in the design of streetscape elements such as railings, bollards, tree grates, benches and trash receptacles.

vi. To create a consistent Bingham Junction development identity through street furnishings that match or complement each other.

6. Irrigation and Maintenance.

a. Intent.

i. To assure safe conditions for all users.

ii. To encourage reasonable water conservation practices.

iii. To maintain irrigation systems in proper operational condition.

iv. To maintain plant materials in a healthy condition.

v. To ensure that dead, diseased or otherwise sub-standard plant materials are replaced promptly.

vi. To maximize the usable life span of all paving materials, hardscape elements, plantings, furnishings and other site features.

7. Utilities.

a. Intent.

i. To underground all utilities.

ii. To place utilities in the street and/or alleys.

iii. To avoid placing utilities under the sidewalk amenity zone to allow the planting, health and maintenance of street trees. (Ord. 2015-13 § 1 (Att. A); Ord. 2015-01 § 1 (Att. C); Ord. 2012-17 § 1 (Att. A); Ord. 10/19/2010O-11 § 1 (Exh. A); Ord. 5/1/2007O-5 § 1; Ord. 9/21/2004O-29 § 1)

17-7-9.4.1 Subarea 1 intent statements.

(In addition, see also intent statements common to all or multiple subareas.)

A. Site Plan/Urban Design Standards Specific to Subarea 1.

1. Building Use and Orientation.

a. Intent.

i. To reinforce the public nature of the lake.

ii. To reduce the pedestrian and bike access barriers to the lake.

iii. To extend the views of the lake and mountains back into the neighborhood.

iv. To orient lower density residential side or back facades to the sides and rear of large/medium scale retail, and flexible office/warehouse buildings, and their parking fields as much as possible.

v. To orient residential toward the Bingham Junction Boulevard linear park, in order to provide informal oversight for the park.

vi. To orient the fronts or side facades of buildings toward the lake.

2. Building Interrelationships.

a. Intent.

i. To set back buildings, particularly residences, from streets enough to include a detached sidewalk, a landscaped park strip with street trees (where feasible) and a landscaped front yard, the minimum size of which is enough to provide the following elements:

(A) A usable porch or comfortable entry space.

(B) Enough area to provide the residential occupant the ability to express individuality and uniqueness with landscaping.

(C) A transitional or buffer area between the street and the private space or adjacent use.

ii. To keep buildings close enough to the street so as to create a defined street space, which aids in creating a sense of place and community, and provides informal oversight and security for the public realm.

iii. To increase the front setback on a possible street designed to connect the subarea’s residential neighborhood with the linear park along Bingham Junction Boulevard, and on to the transit stop in Subarea 6, so as to provide wider sidewalks on this street, and greater visual emphasis through extra landscaping.

iv. To set back nonresidential uses along a commercial street enough to include a wide attached sidewalk with three zones: an amenity zone, a walking zone and a building zone.

v. To frame views of the lake and mountains to the north along some publicly accessible streets.

vi. To maintain an attractive, active street frontage along streets leading into residential areas.

vii. To set back from the lake, open space property line or street right-of-way enough space to provide a generously landscaped side yard, or a landscaped front yard large enough for a comfortable porch or entry area, some area to provide an expression of individuality through landscaping, and to give a generous separation between the public realm and the private.

viii. To locate larger single family residential lots along and near the lake, and possibly along a special connector street leading to the Bingham Junction Boulevard open space and the transit stop in Subarea 5.

ix. To transition from large lots near amenities such as the lake to smaller lots and greater densities at the edges of the neighborhood, and near commercial areas and arterials.

3. Pedestrian and Vehicular Access.

a. Intent.

i. To create a pedestrian network throughout the subarea, linking residential to residential, employment, recreation, transit, and shopping.

4. Parking Lot and Garage Location.

a. Intent.

i. To minimize the impact of vehicle noise and headlights from within parking lots and garages into adjacent residential neighborhoods.

5. Service Area, Refuse Storage, Utility and Mechanical Equipment Locations.

a. Intent. See Section 17-7-9.4(A)(5).

6. Private On-Site Open Space Provision and Location.

a. Intent. See Section 17-7-9.4(A)(6).

B. Architectural Standards Specific to Subarea 1.

1. Building Form and Massing.

a. Nonresidential. See Section 17-7-9.4(B)(1).

b. Residential.

i. Intent.

(A) To promote a diversity of housing types within the subarea in order to create a diverse and successful community rather than an isolated, single-product development.

(B) To encourage a pattern of scattered housing products that locates low densities on quiet streets, higher densities closest to neighborhood centers and larger roadways, and highest densities at the edges of neighborhoods, but within walking distance of local services, retailing, public places, and transit.

2. Building Facade and Character.

a. Nonresidential.

i. Intent.

(A) To vary the form, provide changes in wall plane, or use other architectural techniques so as to reduce the scale of commercial, office and/or flexible space buildings when near residential structures.

b. Residential.

i. Intent.

(A) To create a collection of differing housing models where each housing model has several characteristics which clearly and obviously distinguish it from the other housing models.

(B) To ensure that larger single family detached residential developments have a variety of housing models mixed within the development.

3. Building Materials.

a. Nonresidential.

i. Intent.

(A) To use materials for nonresidential uses that reflect the quality and type of the materials used on nearby residential structures.

b. Residential.

i. Intent.

(A) To provide variety in color, texture, pattern and/or material, within the collection of single family houses on a street or in a neighborhood.

(B) To provide variety in color, texture, pattern and/or material within a multifamily building, or within a multifamily development.

4. Building Lighting.

a. Intent. See Section 17-7-9.4(B)(4).

5. Rooftop Design and Mechanical Screening.

a. Intent. See Section 17-7-9.4(B)(5).

C. Landscape Standards Specific to Subarea 1.

1. Overall On-Site Landscape Treatment.

a. Intent. See Section 17-7-9.4(C)(1).

2. Building Perimeter Landscape.

a. Intent. See Section 17-7-9.4(C)(2).

3. Use and Building Related Courtyards, Plazas, and Other Usable Open Spaces.

a. Intent. See Section 17-7-9.4(C)(3).

4. Surface Drainage Landscape.

a. Intent. See Section 17-7-9.4(C)(4).

5. Parking Lot Landscaping.

a. Intent. See Section 17-7-9.4(C)(5).

6. Screening, Fencing and Walls.

a. Intent.

i. To provide lower, more transparent fencing separating rear or front yards from public trails and the lake open space.

ii. To provide general consistency in fence design, material and color where used along the edge of the lake open space.

7. Site Lighting/Parking Lot Lighting.

a. Intent. See Section 17-7-9.4(C)(7).

8. Paving.

a. Intent. See Section 17-7-9.4(C)(8).

9. Site Furnishings.

a. Intent. See Section 17-7-9.4(C)(9).

10. Plant Materials.

a. Intent. See Section 17-7-9.4(C)(10).

11. Irrigation.

a. Intent. See Section 17-7-9.4(C)(11).

12. Maintenance.

a. Intent. See Section 17-7-9.4(C)(11).

D. Sign Standards Specific to Subarea 1 (See also Section 17-7-9.4(D).). C = Commercial

R = Residential

MF = Apartments and Condos

Sign Type

Sign Area Max.

Height Max.

General Restrictions

A-Frame (C, MF)

6 s.f.

4'

One per ground level tenant. Must not impede pedestrian movement.

Awning/Canopy (C, MF)

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 (C, R, MF)

32 s.f.

6'

Removed within 15 days from final voting day. 3' max. height in clear view triangle.

Changeable Copy (C)

25% of sign

n/a

Changeable copy signs may be wall or monument signs. One changeable copy sign/business location.

Construction (C, R, MF)

32 s.f.

12'

Removed prior to certificate of occupancy.

Directional (C, MF)

4 s.f.

3'

Located at drive entrances and on-site only.

Flat or Wall (includes Window) (Commercial) (C)

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.

Projecting Wall (C)

12 s.f.

n/a

May extend four feet from facade perpendicular to facade. Must be 8' above sidewalk. One per ground level tenant.

Name Plate (R)

3 s.f.

n/a

Must be attached to main structure.

Monument (Commercial) (C, MF)

7200 S. or B.J. Blvd.

32 s.f.

64 s.f.

6' total

9' 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.

Monument (Multi-Tenant) (C)

96 s.f.

9' total

One per identified multi-tenant development. Forty-eight square feet plus one square foot per foot of street frontage up to 96 square feet maximum. Single use developments are limited to a Monument (Commercial) sign. A multi-tenant monument sign may be used in place of, rather than in conjunction with, a pylon sign. Multi-tenant monument signs are not allowed in mixed-use areas proximate to light rail.

Monument (Project Signs) (C)

64 s.f.

9' total

Located at project boundaries. 7200 South and Bingham Junction Blvd., 7800 South and Bingham Junction Blvd. and Bingham Junction Blvd. and 700 West (not for tenant identification).

Pole Banners (C)

(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.

Pylon Signs (Single Tenant) (C)

200 s.f.

25' maximum height

One per identified retail area in subarea 5 located along 700 West.

Real Estate (C, R, MF)

32 s.f.

12'

3' max. height in sight distance triangle.

Suspended (C)

60 s.f.

n/a

Sign area is one square foot per lineal foot of building.

Temporary (C, MF)

See text.

Wayfinding Sign (C, R, MF)

30 s.f.

6'

Provides direction to points of interest within the larger “Bingham Junction” development. Allowed interior to the “Bingham Junction” project only, spaced 500' apart. General directions only, not for individual tenants (see text).

Window (C, MF)

25% of window area

See text.

E. Public Parks and Open Space Standards Specific to Subarea 1.

1. Formal and Informal Activities.

a. Intent.

i. To create an attractive environment within the linear park that parallels Bingham Junction Boulevard for both active informal recreation such as walking, jogging, and bicycling; and passive activities such as people watching, reading, dog walking and meeting neighbors.

b. Pedestrian, Bicycle and Service Circulation.

i. Intent.

(A) To create an attractive pedestrian and bicycle path system, within the linear park that parallels Bingham Junction Boulevard, that connects residential to shopping and workplace locations.

(B) To provide a continuous pedestrian/bike path along the length of the river open space that can accommodate service, emergency and security vehicles.

2. Landscape.

a. Intent.

i. To maximize the usability of the linear park that parallels Bingham Junction Boulevard through the use of sod that is resilient to foot traffic.

ii. To provide a variety of sun and shade conditions within the linear park that parallels Bingham Junction Boulevard through the grouping of shade trees and other shade-providing elements, where practicable.

iii. To spatially define the street by lining the street edge with street trees, where practicable.

3. Paving.

a. Intent. See Section 17-7-9.4(E)(5).

4. Water Elements.

a. Intent. See Section 17-7-9.4(E)(6).

5. Park and Open Space Furniture and Equipment.

a. Intent.

i. To provide frequent opportunities to sit along the Bingham Junction Boulevard linear park’s pedestrian and bicycle path system.

6. Park and Open Space Lighting and Power.

a. Intent. See Section 17-7-9.4(E)(8) and streetscape intent statements.

7. Information Systems and Wayfinding.

a. Intent. See Section 17-7-9.4(E)(9).

8. Drainage Systems and Detention/Retention Ponds.

a. Intent. See Section 17-7-9.4(E)(10).

9. Irrigation and Maintenance.

a. Intent. See Section 17-7-9.4(E)(11).

F. Streetscape Standards Specific to Subarea 1.

1. Street and Alley Network Design.

a. Intent. See Section 17-7-9.4(F)(1).

2. Street Trees and Other Plant Materials.

a. Intent. See Section 17-7-9.4(F)(2).

3. Sidewalks and Paving.

a. Intent. See Section 17-7-9.4(F)(3).

4. Street and Pedestrian Lighting.

a. Intent.

i. To provide pedestrian lighting along Bingham Junction Boulevard, or within its associated open space.

ii. To provide pedestrian lighting along any special connector street to the light rail stop.

5. Street Furnishings.

a. Intent. See Section 17-7-9.4(F)(5).

6. Irrigation and Maintenance.

a. Intent. See Section 17-7-9.4(F)(6).

7. Utilities.

a. Intent. See Section 17-7-9.4(F)(7). (Ord. 7/29/2008O-6 § 1; Ord. 5/1/2007O-5 § 1; Ord. 9/21/2004O-29 § 1)

17-7-9.4.2 Subarea 2 intent statements.

(In addition, see also intent statements common to all or multiple subareas.)

A. Site Plan/Urban Design Standards Specific to Subarea 2.

1. Building Use and Orientation. See Section 17-7-9.4(A)(1).

2. Building Interrelationships.

a. Intent.

i. To define the street space and edge along 7200 South and Bingham Junction Boulevard as much as possible, so as to aid in the creation of identity and place in an environment where the street is wide, the density is low, and the sizes of parking fields are large.

ii. To keep buildings close enough to the street so as to create a defined street space, which aids in creating a sense of place and community, and provides informal oversight and security for the public realm.

iii. To allow occasionally deeper setbacks to accommodate drives, frontage streets and on-street parking between the building and the curb if such allowance results in primary entries that face the street, or is needed because the only though access for drive-in facilities along 7200 South requires a drive in front of the building.

iv. To ensure that streets through the commercial area that lead to residential areas are bordered by buildings with at least good quality facades, and good site landscaping so that they give as good quality entry experience to the residential neighborhoods.

v. To set back commercial uses along the Bingham Junction Boulevard open space enough to include either a wide sidewalk, or a street or drive with some on-street parking and a wide sidewalk between the parking and the building.

3. Pedestrian and Vehicular Access.

a. Intent.

i. To design and site drive-in facilities so that they minimize the disruption of pedestrian connections, particularly along the street.

ii. To encourage as much pedestrian activity as possible on and visible to the street.

iii. To provide a clear system of pedestrian paths and connections between commercial buildings and through parking lots.

4. Parking Lot and Garage Location.

a. Intent.

i. To reduce the visual impact of vehicles, both parked and moving, as much as possible.

ii. To minimize the impact of vehicle noise and headlights from within parking lots and garages into adjacent residential neighborhoods.

5. Service Area, Refuse Storage, Utility and Mechanical Equipment Locations.

a. Intent.

i. To locate loading docks and service areas away from residential uses as much as possible.

6. Private On-Site Open Space Locations.

a. Intent.

i. To provide small open spaces for employee use with seating, trash receptacles and landscaping or other devices to provide shade.

B. Architectural Standards Specific to Subarea 2.

1. Building Form and Massing.

a. Intent.

i. To provide larger and higher facades along 7200 South in order to give greater presence for the retail uses along a wide street.

2. Building Facade and Character.

a. Intent.

i. To create facades that are expressive of the commercial activity within the building through transparent windows, display windows, and translucent glazing.

ii. To modify standardized, corporately branded, building expressions so as to fit the overall visual unity of the retail district along 7200 South, and local identity of the Bingham Junction redevelopment.

iii. To ensure that the highest quality facades face 7200 South and Bingham Junction Boulevard, and only well-designed, good quality facades are visible from these two arterials.

iv. To orient the entries of buildings and tenants toward 7200 South and Bingham Junction Boulevard as much as possible, or at least be clearly visible from these two arterials.

3. Building Materials.

a. Intent.

i. To create a general overall visual unity for the retail uses along 7200 South while still allowing for some variety in building character, materials and color.

4. Building Lighting.

a. Intent. See Section 17-7-9.4(B)(4).

5. Rooftop Design and Mechanical Screening.

a. Intent. See Section 17-7-9.4(B)(5).

C. Landscape Standards Specific to Subarea 2.

1. Overall On-Site Landscape Treatment.

a. Intent. See Section 17-7-9.4(C)(1).

2. Building Perimeter Landscape.

a. Intent. See Section 17-7-9.4(C)(2).

3. Use and Building Related Courtyards, Plazas, and Other Usable Open Spaces.

a. Intent. See Section 17-7-9.4(C)(3).

4. Surface Drainage Landscape.

a. Intent. See Section 17-7-9.4(C)(4).

5. Parking Lot Landscaping.

a. Intent.

i. To break up large parking lots with substantial zones of landscaping.

ii. To provide substantial landscape buffering between large parking lots and residential uses when these uses front onto streets that border these lots.

6. Screening, Fencing and Walls.

a. Intent.

i. To screen loading docks and service areas where visible from residential areas with high solid walls.

7. Site Lighting/Parking Lot Lighting.

a. Intent. See Section 17-7-9.4(C)(7).

8. Paving.

a. Intent. See Section 17-7-9.4(C)(8).

9. Site Furnishings.

a. Intent. See Section 17-7-9.4(C)(9).

10. Plant Materials.

a. Intent. See Section 17-7-9.4(C)(10).

11. Irrigation and Maintenance.

a. Intent. See Section 17-7-9.4(C)(11).

D. Sign Standards Specific to Subarea 2. (See also Section 17-7-9.4(D).)

C = Commercial

R = Residential

MF = Apartments and Condos

Sign Type

Sign Area Max.

Height Max.

General Restrictions

A-Frame (C, MF)

6 s.f.

4'

One per ground level tenant. Must not impede pedestrian movement.

Above-Canopy Sign (C)

80% of width; part of allowed wall sign percentage

1-1/2 times fascia height or 4', whichever is less

Constructed of individual letters; one line of copy. Canopy cannot have pitched roof.

Awning/Canopy (C, MF)

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 (C, R, MF)

32 s.f.

6'

Removed within 15 days from final voting day. 3' max. height in clear view triangle.

Changeable Copy (C)

25% of sign

n/a

Changeable copy signs may be wall or monument signs. One changeable copy sign/business location.

Construction (C, R, MF)

32 s.f.

12'

Removed prior to certificate of occupancy.

Directional (C, MF)

4 s.f.

3'

Located at drive entrances and on-site only.

Flat or Wall (includes Window) (Commercial) (C)

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.

Projecting Wall (C)

12 s.f.

n/a

May extend four feet from facade perpendicular to facade. Must be 8' above sidewalk. One per ground level tenant.

Name Plate (R)

3 s.f.

n/a

Must be attached to main structure.

Monument (Commercial) (C, MF)

7200 S. or B.J. Blvd.

32 s.f.

64 s.f.

6' total

9' total

One monument sign for each street frontage allowed per single use development (i.e., pad sites/stand alone buildings). May not be located within 150' of any other monument or pylon sign.

Monument (Multi-Tenant) (C)

96 s.f.

9' total

One per identified multi-tenant development. Forty-eight square feet plus one square foot per foot of street frontage up to 96 square feet maximum. Single use developments are limited to a Monument (Commercial) sign. A multi-tenant monument sign may be used in place of, rather than in conjunction with, a pylon sign. Multi-tenant monument signs are not allowed in mixed-use areas proximate to light rail.

Monument (Project Signs) (C)

64 s.f.

9' total

Located at project boundaries. 7200 South and Bingham Junction Blvd., 7800 South and Bingham Junction Blvd. and Bingham Junction Blvd. and 700 West (not for tenant identification).

Pole Banners (C)

(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.

Pylon Signs (Multi-Tenant) (C)

650 s.f.

40' maximum height

Two per identified retail area located along Jordan River Boulevard.

Real Estate (C, R, MF)

32 s.f.

12'

3' max. height in sight distance triangle.

Suspended (C)

60 s.f.

n/a

Sign area is one square foot per lineal foot of building.

Temporary (C, MF)

See text.

Wayfinding Sign (C, R, MF)

30 s.f.

6'

Provides direction to points of interest within the larger “Bingham Junction” development. Allowed interior to the “Bingham Junction” project only, spaced 500' apart. General directions only, not for individual tenants (see text).

Window (C, MF)

25% of window area

See text.

E. Public Parks and Open Space Standards Specific to Subarea 2.

1. Formal and Informal Activities.

a. Intent.

i. To create a pleasant environment within the linear park that parallels Bingham Junction Boulevard for both active informal recreation such as walking, jogging, and bicycling; and passive activities such as people watching, reading, dog walking and meeting neighbors.

b. Pedestrian, Bicycle and Service Circulation.

i. Intent.

(A) To create an attractive pedestrian and bicycle path system, within the linear park that parallels Bingham Junction Boulevard, that connects residential to shopping and workplace locations.

(B) To provide a continuous pedestrian/bike path along the length of the river open space that can accommodate service, emergency and security vehicles.

2. Landscape.

a. Intent.

i. To maximize the usability of the linear park that parallels Bingham Junction Boulevard through the use of turf that is resilient to foot traffic, where practicable.

ii. To provide a variety of sun and shade conditions within the linear park that parallels Bingham Junction Boulevard through the grouping of shade trees and other shade-providing elements, where practicable.

iii. To spatially define the street by lining the street edge with street trees, where practicable.

iv. To space trees somewhat further apart in the Bingham Junction Boulevard linear open space adjacent to commercial frontages, where practicable.

v. To use tree and shrub species in the Bingham Junction Boulevard linear open space area adjacent to commercial frontages that will help to maintain views of commercial frontages, where practicable.

3. Paving.

a. Intent. See Section 17-7-9.4(E)(5).

4. Water Elements.

a. Intent. See Section 17-7-9.4(E)(6).

5. Park and Open Space Furniture and Equipment.

a. Intent.

i. To provide frequent opportunities to sit along the Bingham Junction Boulevard linear park’s pedestrian and bicycle path system.

6. Park and Open Space Lighting and Power.

a. Intent. See Section 17-7-9.4(E)(8) and streetscape intent statements.

7. Information Systems and Wayfinding.

a. Intent. See Section 17-7-9.4(E)(9).

8. Drainage Systems and Detention/Retention Ponds.

a. Intent. See Section 17-7-9.4(E)(10).

9. Irrigation and Maintenance.

a. Intent. See Section 17-7-9.4(E)(11).

F. Streetscape Standards Specific to Subarea 2.

1. Street and Alley Design.

a. Intent. See Section 17-7-9.4(F)(1).

2. Street Trees and Other Plant Materials.

a. Intent.

i. To spatially define Bingham Junction Boulevard and 7200 South by lining the street edge with street trees, where practicable.

ii. To space street trees along 7200 South somewhat further apart than normal in order to afford views of commercial store fronts, where practicable.

3. Sidewalks and Paving.

a. Intent. See Section 17-7-9.4(F)(3).

4. Street and Pedestrian Lighting.

a. Intent.

i. To provide both street lighting and pedestrian lighting on 7200 South, and on Bingham Junction Boulevard, and/or within the linear open space along Bingham Junction Boulevard.

5. Street Furnishings.

a. Intent.

i. To focus street amenities such as seating, trash containers, newspaper boxes, pedestrian lights, information kiosks, public art, drinking fountains, and bike racks on the primary street or streets that serve the transit stop.

6. Irrigation and Maintenance.

a. Intent. See Section 17-7-9.4(F)(6).

7. Utilities.

a. Intent. See Section 17-7-9.4(F)(7). (Ord. 2015-01 § 1 (Att. C); Ord. 7/29/2008O-6 § 1; Ord. 5/1/2007O-5 § 1; Ord. 9/21/2004O-29 § 1)

17-7-9.4.3 Subarea 3 intent statements.

(In addition, see also intent statements common to all or multiple subareas.)

A. Site Plan/Urban Design Standards Specific to Subarea 3.

1. Building Use and Orientation.

a. Intent.

i. To orient the frontages of adjoining uses toward the Jordan River open space, where feasible, and dependent on final character and quality of the open space. Side or rear orientation is possible depending on the quality of the architecture, the amount of transparency and informal oversight provided for the open space, and the location and screening of service areas.

ii. To avoid locating blank walls, service areas and inactive uses adjacent to the river open space.

iii. To reinforce the public nature of the Jordan River open space.

iv. To extend the views of the river open space back into the neighborhood.

v. To orient residential toward the Bingham Junction Boulevard linear park, in order to provide informal oversight for the park.

vi. To orient lower density residential side or rear facades to the sides and rear of large/medium scale retail, and flexible office/warehouse buildings, and their parking fields as much as possible.

vii. To orient residential side or rear facades to the railroad corridor.

2. Building Interrelationships.

a. Intent.

i. To generally align the facades of houses and/or other structures in a consistent manner along a street to establish a common spatial environment, and to avoid screening or shadowing the front entry of neighboring residential structures.

ii. To generally align the facades of houses and other structures in a consistent manner in order to define the spatial boundaries of public open spaces.

iii. To maintain an attractive, active street frontage along streets leading into residential areas.

iv. To set back buildings, particularly residences, from streets enough to include a detached sidewalk, a landscaped park strip with street trees (where feasible) and a landscaped front yard, the minimum size of which is enough to provide the following elements:

(A) A usable porch or comfortable entry space.

(B) Enough area to provide the residential occupant the ability to express individuality and uniqueness with landscaping.

(C) A transitional or buffer area between the street and the private space or adjacent use.

v. To increase the front setback on a possible street designed to connect the subarea’s residential neighborhoods with the transit stop in Subarea 5, so as to provide wider sidewalks on this street, and greater visual emphasis through extra landscaping.

vi. To set back from the property line of the Jordan River open space enough space to provide clear separation between the public and the private realms.

3. Pedestrian and Vehicular Access.

a. Intent.

i. To provide frequent pedestrian path connections to the Jordan River open space from the adjoining neighborhoods and commercial uses.

ii. To create effective links between the river open space system and other parks and open spaces internal to the neighborhood.

iii. To create a clear and attractive pedestrian system that connects the front doors of separate or adjoining commercial uses to themselves and to the street sidewalk, crossing drive aisles and parking bays where necessary.

4. Parking Lot, Residential Garage, and Commercial Parking Structure Location.

a. Nonresidential.

i. Intent. See Section 17-7-9.4(A)(4).

b. Residential.

i. Intent.

(A) To vary the orientation or location of street-accessed residential garages.

(B) To locate either street-accessed or alley-accessed residential types on both sides of a street, so that the residential garage access type matches from one side of the street to the other.

5. Service Area, Refuse Storage, Utility and Mechanical Equipment Locations.

a. Intent.

i. To completely screen service areas, loading docks, utility appurtenances and refuse containers from views from the Jordan River open space.

ii. To avoid locating service areas, refuse enclosures, loading docks and utility appurtenances on streets with residential uses.

6. Private On-Site Open Space Provision and Location.

a. Intent.

i. To create usable private open spaces for private residences, suitable for passive recreation activities.

ii. To create both semi-public spaces where residents can informally interact with their neighbors, and private spaces where residents can be generally screened from public view.

B. Architectural Standards Specific to Subarea 3.

1. Building Form and Massing.

a. Nonresidential—Intent. See Section 17-7-9.4 (B)(1).

b. Residential—Intent.

i. To promote a diversity of housing types within the subarea in order to create a diverse and successful community rather than an isolated, single product development.

ii. To encourage a pattern of scattered housing products that locates low densities on quiet streets, higher densities closest to neighborhood centers and larger roadways, and highest densities at the edges of neighborhoods, but within walking distance of local services, retailing, public places, and transit.

2. Building Facade and Character.

a. Nonresidential—Intent.

i. To create retail facades that are expressive of the retailing activity within the building.

ii. To create primary retail facades that incorporate substantial areas of transparency and/or translucency.

b. Residential—Intent.

i. To create a collection of differing housing models where each housing model has several characteristics which clearly and obviously distinguish it from the other housing models.

ii. To ensure that larger single family detached residential developments have a variety of housing models mixed within the development.

3. Building Materials.

a. Nonresidential.

i. Intent. See Section 17-7-9.4(B)(3).

b. Residential.

i. Intent.

(A) To provide variety in color, texture, pattern and/or material, within the collection of single family houses on a street or in a neighborhood.

(B) To provide variety in color, texture, pattern and/or material within a multifamily building, or within a multifamily development.

4. Building Lighting.

a. Nonresidential.

i. Intent. See Section 17-7-9.4(B)(4).

b. Residential.

i. Intent. See Section 17-7-9.4(B)(4).

5. Rooftop Design and Mechanical Screening.

a. Nonresidential.

i. Intent. See Section 17-7-9.4(B)(5).

b. Residential.

i. Intent. See Section 17-7-9.4(B)(5).

C. Landscape Standards Specific to Subarea 3.

1. Overall On-Site Landscape Treatment.

a. Intent. See Section 17-7-9.4(C)(1).

2. Building Perimeter Landscape.

a. Intent. See Section 17-7-9.4(C)(2).

3. Use and Building Related Courtyards, Plazas, and Other Usable Open Spaces.

a. Intent. See Section 17-7-9.4(C)(3).

4. Surface Drainage Landscape.

a. Intent. See Section 17-7-9.4(C)(4).

5. Parking Lot Landscaping.

a. Intent. See Section 17-7-9.4(C)(5).

6. Screening, Fencing and Walls.

a. Intent.

i. To provide lower, more transparent fencing separating rear or front yards from the Jordan River open space, as appropriate to the ultimate quality and character of this open space.

ii. To provide general consistency in fence design, material and color where used along the edge of the Jordan River open space.

iii. To substantially screen the noise and visual presence of railroad operations through the use of landscaped berms, solid masonry walls, fencing with frequently spaced masonry piers, or combinations of these elements in a unified design.

7. Site Lighting/Parking Lot Lighting.

a. Intent. See Section 17-7-9.4(C)(7).

8. Paving.

a. Intent. See Section 17-7-9.4(C)(8).

9. Site Furnishings.

a. Intent. See Section 17-7-9.4(C)(9).

10. Plant Materials.

a. Intent. See Section 17-7-9.4(C)(10).

11. Irrigation and Maintenance.

a. Intent. See Section 17-7-9.4(C)(11).

12. Other Landscape Buffers.

a. Intent.

i. To provide sufficient space along the railroad corridor to screen railroad operations, and to provide additional landscaping that visually “softens” wall and/or fence screening from the view of adjoining uses.

D. Sign Standards Specific to Subarea 3. (See also Section 17-7-9.4(D).)

C = Commercial

R = Residential

MF = Apartments and Condos

Sign Type

Sign Area Max.

Height Max.

General Restrictions

A-Frame (C, MF)

6 s.f.

4'

One per ground level tenant. Must not impede pedestrian movement.

Above-Canopy Sign (C)

80% of width; part of allowed wall sign percentage

1-1/2 times fascia height or 4', whichever is less

Constructed of individual letters; one line of copy. Canopy cannot have pitched roof.

Awning/Canopy (C, MF)

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 (C, R, MF)

32 s.f.

6'

Removed within 15 days from final voting day. 3' max. height in clear view triangle.

Changeable Copy (C)

25% of sign

n/a

Changeable copy signs may be wall or monument signs. One changeable copy sign/business location.

Construction (C, R, MF)

32 s.f.

12'

Removed prior to certificate of occupancy.

Directional (C, MF)

4 s.f.

3'

Located at drive entrances and on-site only.

Flat or Wall (includes Window) (Commercial) (C)

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.

Projecting Wall (C)

12 s.f.

n/a

May extend four feet from facade perpendicular to facade. Must be 8' above sidewalk. One per ground level tenant.

Name Plate (R)

3 s.f.

n/a

Must be attached to main structure.

Monument (Commercial) (C, MF)

7200 S. or B.J. Blvd.

32 s.f.

64 s.f.

6' total

9' total

One monument sign for each street frontage allowed per single use development (i.e., pad sites/stand alone buildings). May not be located within 150' of any other monument or pylon sign.

Monument (Multi-Tenant) (C)

96 s.f.

9' total

One per identified multi-tenant development. Forty-eight square feet plus one square foot per foot of street frontage up to 96 square feet maximum. Single use developments are limited to a Monument (Commercial) sign. A multi-tenant monument sign may be used in place of, rather than in conjunction with, a pylon sign. Multi-tenant monument signs are not allowed in mixed-use areas proximate to light rail.

Pole Banners (C)

(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.

Real Estate (C, R, MF)

32 s.f.

12'

3' max. height in sight distance triangle.

Suspended (C)

60 s.f.

n/a

Sign area is one square foot per lineal foot of building.

Temporary (C, MF)

See text.

Wayfinding Sign (C, R, MF)

30 s.f.

6'

Provides direction to points of interest within the larger “Bingham Junction” development. Allowed interior to the “Bingham Junction” project only, spaced 500' apart. General directions only, not for individual tenants (see text).

Window (C, MF)

25% of window area

See text.

E. Public Parks and Open Space Standards Specific to Subarea 3.

1. Formal and Informal Activities.

a. Intent.

i. To provide for informal activities within the river open space consistent with minimizing the human impact on natural habitat.

ii. To provide small neighborhood park space for informal recreation, casual picnics, and children’s play.

2. Pedestrian, Bicycle, and Service Circulation.

a. Intent.

i. To provide a continuous pedestrian/bike path along the length of the river open space.

ii. To provide a river open space path system that can accommodate service, emergency and security vehicles.

3. Landscape.

a. Intent. See Section 17-7-9.4(E)(4).

F. Streetscape Standards Specific to Subarea 3.

1. Street and Alley Network Design.

a. Intent. See Section 17-7-9.4(F)(1).

2. Street Trees and Other Plant Materials.

a. Intent. See Section 17-7-9.4(F)(2).

3. Sidewalks and Paving.

a. Intent. See Section 17-7-9.4(F)(3).

4. Street and Pedestrian Lighting.

a. Intent.

i. To provide pedestrian lighting along Bingham Junction Boulevard, or within its associated open space.

5. Street Furnishings.

a. Intent. See Section 17-7-9.4(F)(5).

6. Irrigation and Maintenance.

a. Intent. See Section 17-7-9.4(F)(6).

7. Utilities.

a. Intent. See Section 17-7-9.4(F)(7). (Ord. 2015-01 § 1 (Att. C); Ord. 5/1/2007O-5 § 1; Ord. 9/21/2004O-29 § 1)

17-7-9.4.4 Subarea 4 intent statements.

(In addition, see also intent statements common to all or multiple subareas.)

A. Site Plan/Urban Design Standards Specific to Subarea 4.

1. Building Use and Orientation.

a. Intent.

i. To orient the frontages of adjoining uses toward the Jordan River open space where feasible, with side or rear orientation possible depending on the quality of the architecture, the amount of transparency and informal oversight provided for the open space, and the location and screening of service areas.

ii. To avoid locating blank walls, garages, service areas, and inactive uses or components of uses adjacent to the Jordan River open space.

iii. To reinforce the public nature of the Jordan River open space.

iv. To extend the views of the river open space back into the neighborhood.

v. To orient residential toward the Bingham Junction Boulevard linear park, in order to provide informal oversight for the park.

vi. To orient lower density residential side or rear facades to the sides and rear of large/medium scale retail, and flexible office/warehouse buildings, and their parking fields as much as possible.

vii. To orient residential side or rear facades to the railroad corridor.

2. Building Interrelationships.

a. Intent.

i. To generally align the facades of houses and other structures in a consistent manner to establish a common street spatial environment, and to avoid screening or shadowing the front entry of neighboring residential structures.

ii. To generally align the facades of houses and other structures in a consistent manner in order to define the spatial boundaries of public open spaces.

iii. To set back buildings, particularly residences, from streets enough to include a detached sidewalk, a landscaped park strip with street trees (where feasible) and a landscaped front yard, the minimum size of which is enough to provide the following elements:

(A) A usable porch or comfortable entry space.

(B) Enough area to provide the residential occupant the ability to express individuality and uniqueness with landscaping.

(C) A transitional or buffer area between the street and the private space or adjacent use.

iv. To set back from the property line of the Jordan River open space enough space to provide clear separation between the public and the private realms.

3. Pedestrian and Vehicular Access.

a. Intent.

i. To provide frequent pedestrian path connections to the Jordan River open space and path system from the adjoining neighborhoods and commercial areas.

ii. To link the Jordan River open space and path system to other parks and open spaces internal to the neighborhood, creating a unified open space/pedestrian/bike system.

4. Parking Lot, and Garage Location.

a. Nonresidential.

i. Intent. See Section 17-7-9.4(A)(4).

b. Residential.

i. Intent.

(A) To vary the orientation or location of street-accessed residential garages.

(B) To locate either street-accessed or alley-accessed residential types on both sides of a street, so that the residential garage access type matches from one side of the street to the other.

5. Service Area, Refuse Storage, Utility and Mechanical Equipment Locations.

a. Intent.

i. To completely screen service areas, loading docks, utility appurtenances and refuse containers from views from the Jordan River open space.

ii. To avoid locating service areas, refuse enclosures, loading docks and utility appurtenances on streets with residential uses.

6. Private On-Site Open Space Provision and Location.

a. Intent.

i. To create usable private open spaces for private residences, suitable for passive recreation activities.

ii. To create both semi-public spaces where residents can informally interact with their neighbors and private spaces where residents can be generally screened from public view.

B. Architectural Standards Specific to Subarea 4.

1. Building Form and Massing.

a. Intent.

i. Nonresidential. See Section 17-7-9.4(B)(1).

ii. Residential.

(A) To promote a diversity of housing types within the subarea in order to create a diverse and successful community rather than isolated, single-product development.

(B) To encourage a pattern of scattered housing products that locates low densities on quiet streets, higher densities closest to neighborhood centers and larger roadways, and highest densities at the edges of neighborhoods, but within walking distance of local services, retailing, public places, and transit.

2. Building Facade and Character.

a. Nonresidential.

i. Intent.

(A) To create retail facades that are expressive of the retailing activity within the building.

(B) To create primary retail facades that incorporate substantial areas of transparency and/or translucency.

b. Residential.

i. Intent.

(A) To create a collection of differing housing models where each housing model has several characteristics which clearly and obviously distinguish it from the other housing models.

(B) To ensure that larger single family detached residential developments have a variety of housing models mixed within the development.

3. Building Materials.

a. Nonresidential.

i. Intent. See Section 17-7-9.4(B)(3).

b. Residential.

i. Intent.

(A) To provide variety in color, texture, pattern and/or material, within the collection of single family houses on a street or in a neighborhood.

(B) To provide variety in color, texture, pattern and/or material within a multifamily building, or within a multifamily development.

4. Building Lighting.

a. Nonresidential.

i. Intent. See Section 17-7-9.4(B)(4).

b. Residential.

i. Intent. See Section 17-7-9.4(B)(4).

5. Rooftop Design and Mechanical Screening.

a. Intent. See Section 17-7-9.4(B)(5).

C. Landscape Standards Specific to Subarea 4.

1. Overall On-Site Landscape Treatment.

a. Intent. See Section 17-7-9.4(C)(1).

2. Building Perimeter Landscape.

a. Intent. See Section 17-7-9.4(C)(2).

3. Use and Building Related Courtyards, Plazas, and Other Usable Open Spaces.

a. Intent. See Section 17-7-9.4(C)(3).

4. Surface Drainage Landscape.

a. Intent. See Section 17-7-9.4(C)(4).

5. Parking Lot Landscaping.

a. Intent. See Section 17-7-9.4(C)(5).

6. Screening, Fencing and Walls.

a. Intent.

i. To provide lower, more transparent fencing separating rear or front yards from the Jordan River open space, as appropriate to the ultimate quality and character of this open space.

ii. To provide general consistency in fence design, material and color where used along the edge of the Jordan River open space.

iii. To substantially screen the noise and visual presence of railroad operations through the use of landscaped berms, solid masonry walls, fencing with frequently spaced masonry piers, or combinations of these elements in a unified design.

7. Site Lighting/Parking Lot Lighting.

a. Intent. See Section 17-7-9.4(C)(7).

8. Paving.

a. Intent. See Section 17-7-9.4(C)(8).

9. Site Furnishings.

a. Intent. See Section 17-7-9.4(C)(9).

10. Plant Materials.

a. Intent. See Section 17-7-9.4(C)(10).

11. Irrigation and Maintenance.

a. Intent. See Section 17-7-9.4(C)(11).

12. Other Landscape Buffers.

a. Intent.

i. To provide sufficient space along the railroad corridor to screen railroad operations, and to provide additional landscaping that visually “softens” wall and/or fence screening from the view of adjoining uses.

D. Sign Standards Specific to Subarea 4. (See also Section 17-7-9.4(D).)

C = Commercial

R = Residential

MF = Apartments and Condos

Sign Type

Sign Area Max.

Height Max.

General Restrictions

A-Frame (C, MF)

6 s.f.

4'

One per ground level tenant. Must not impede pedestrian movement.

Awning/Canopy (C, MF)

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 (C, R, MF)

32 s.f.

6'

Removed within 15 days from final voting day. 3' max. height in clear view triangle.

Changeable Copy (C)

25% of sign

n/a

Changeable copy signs may be wall or monument signs. One changeable copy sign/business location.

Construction (C, R, MF)

32 s.f.

12'

Removed prior to certificate of occupancy.

Directional (C, MF)

4 s.f.

3'

Located at drive entrances and on-site only.

Projecting Wall (C)

12 s.f.

n/a

May extend four feet from facade perpendicular to facade. Must be 8' above sidewalk. One per ground level tenant.

Name Plate (R)

3 s.f.

n/a

Must be attached to main structure.

Monument (Commercial) (C, MF)

7200 S. or B.J. Blvd.

32 s.f.

64 s.f.

6' total

9' total

One monument sign for each street frontage allowed per single use development (i.e., pad sites/stand-alone buildings). May not be located within 150' of any other monument or pylon sign along the same side of the street. Midvale City Staff may grant a special exception for not more than two single tenant monument signs to be located closer than 150' if the two monument signs are placed parallel with one another across a common driveway serving both projects including the following:

A. The sign type, base, height, width, material, color, style is identical to one another;

B. The signage areas are landscaped with similar plant types, materials, slopes, etc.;

C. Both monument signs will face one another at equal angles and distances from the street to the maximum extent possible taking into consideration finished grades, sight distances, etc.; and

D. The signs shall serve as part of an integrated driveway entry feature for the developments.

Monument (Multi-Tenant) (C)

96 s.f.

9' total

One per identified multi-tenant development. Forty-eight square feet plus one square foot per foot of street frontage up to 96 square feet maximum. Single use developments are limited to a Monument (Commercial) sign. A multi-tenant monument sign may be used in place of, rather than in conjunction with, a pylon sign. Multi-tenant monument signs are not allowed in mixed-use areas proximate to Trax.

Monument (Project Signs) (C)

64 s.f.

9' total

Located at project boundaries. 7200 South and Bingham Junction Blvd., 7800 South and Bingham Junction Blvd. and Bingham Junction Blvd. and 700 West (not for tenant identification).

Pole Banners (C)

(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.

Real Estate (C, R)

32 s.f.

12'

3' max. height in sight distance triangle.

Suspended (C)

60 s.f.

n/a

Sign area is one square foot per lineal foot of building.

Temporary (C, MF)

See text.

Wayfinding Sign (C, R, MF)

30 s.f.

6'

Provides direction to points of interest within the larger “Bingham Junction” development. Allowed interior to the “Bingham Junction” project only, spaced 500' apart. General directions only, not for individual tenants (see text).

Window (C, MF)

25% of window area

See text.

E. Public Parks and Open Space Standards Specific to Subarea 4.

1. Formal and Informal Activities.

a. Intent.

i. To provide for informal activities within the Jordan River open space consistent with minimizing the human impact on natural habitat.

ii. To provide small neighborhood park space for informal recreation, casual picnics, and children’s play.

iii. To create an attractive environment within the linear park that parallels Bingham Junction Boulevard for both active informal recreation such as walking, jogging, and bicycling; and passive activities such as people watching, reading, dog walking and meeting neighbors.

2. Pedestrian, Bicycle, and Service Circulation.

a. Intent.

i. To provide a continuous pedestrian/bike path along the length of the river open space.

ii. To provide a river open space path system that can accommodate service, emergency and security vehicles.

iii. To create an attractive pedestrian and bicycle path system, within the linear park that parallels Bingham Junction Boulevard, which connects residential to shopping and workplace locations.

3. Landscape.

a. Intent.

i. To save and protect existing established and healthy trees, and other substantial and healthy shrubs, grasses, and ground covers within the Jordan River open space.

4. Streetscape Standards Specific to Subarea 4.

5. Street and Alley Network Design.

a. Intent. See Section 17-7-9.4(F)(1).

6. Street Trees and Other Plant Materials.

a. Intent.

i. To provide street trees, turf or ground cover within the park strip as regulated by the institutional controls.

7. Sidewalks and Paving.

a. Intent. See Section 17-7-9.4(F)(3).

8. Street and Pedestrian Lighting.

a. Intent.

i. To provide pedestrian lighting along Bingham Junction Boulevard, or within its associated open space.

9. Street Furnishings.

a. Intent. See Section 17-7-9.4(F)(5).

10. Irrigation and Maintenance.

a. Intent. See Section 17-7-9.4(F)(6).

11. Utilities.

a. Intent. See Section 17-7-9.4(F)(7). (Ord. 2012-03 § 1 (Att. A); Ord. 5/1/2007O-5 § 1; Ord. 9/21/2004O-29 § 1)

17-7-9.4.5 Subarea 5 intent statements.

(In addition, see also intent statements common to all or multiple subareas.)

A. Site Plan/Urban Design Standards Specific to Subarea 5.

1. Building Use and Orientation.

a. Intent.

i. To orient uses toward the street, particularly the street or streets that serve the transit station.

ii. To locate the primary building faces closer to the street while leaving adequate space for pedestrians to comfortably walk between uses and to the transit stop.

iii. To concentrate higher density residential, retail, entertainment and employment uses in a mixed-use environment within the primary five- to ten-minute, one-quarter mile walking distance from the transit station.

iv. To encourage pedestrian activity through the incorporation of pedestrian-oriented uses within ground level street frontages along the streets leading and adjacent to the transit stop.

v. To provide more commuter-oriented uses adjacent to transit stops such as dry cleaners, coffee shops, video rental, etc.

2. Building Interrelationships.

a. Intent.

i. To provide higher density mixed-use development adjacent to transit stops.

ii. To provide direct and convenient pedestrian connections to transit waiting areas.

iii. To provide transit waiting areas that are clearly identified, attractive, and well-maintained.

iv. To encourage residential and office uses above ground floor retail space.

v. To set back commercial and mixed uses enough to include a wide, attached sidewalk with three zones: an amenity zone, a walking zone and a building zone (see the standards common to all or multiple subareas).

vi. To set back buildings, particularly residences, from streets enough to include a detached sidewalk, a landscaped park strip with street trees (where feasible) and a landscaped front yard, the minimum size of which is enough to provide the following elements:

(A) A usable porch or comfortable entry space.

(B) Enough area to provide the residential occupant the ability to express individuality and uniqueness with landscaping.

(C) A transitional or buffer area between the street and the private space or adjacent use.

vii. To keep buildings close enough to the street so as to create a defined street space, which aids in creating a sense of place and community, and provides informal oversight and security for the public realm.

3. Pedestrian and Vehicular Access.

a. Intent.

i. To provide safe and convenient walking routes to transit facilities.

ii. To provide sufficiently wide sidewalks to accommodate bus shelters and waiting areas, as well as other amenities, and pedestrian circulation space.

iii. To provide frequent opportunities for pedestrians to cross the street in the form of crosswalks or signalized intersections.

4. Parking Lot and Garage Location.

a. Intent.

i. To provide ample parking at transit park and ride facilities, ideally as structures to maximize the land surrounding the transit stop.

ii. To provide a retail presence in parking structures on the ground floor facade facing the transit waiting/pick up area.

iii. To provide a passenger drop-off location near the station.

5. Service Area, Refuse Storage, Utility and Mechanical Equipment Locations.

a. Intent. See Section 17-7-9.4(A)(5).

6. Private On-Site Open Space Locations.

a. Intent. See Section 17-7-9.4(A)(6).

B. Architectural Standards Specific to Subarea 5.

1. Building Form and Massing.

a. Intent.

i. To encourage taller buildings or building elements at the transit stop to mark its presence from a distance.

ii. To create a view corridor to the transit stop through the alignment of buildings.

2. Building Cafe and Character.

a. Intent.

i. To ensure that high quality facades adjoin or face the transit station.

ii. To ensure that facades facing or adjoining the transit stop provide substantial areas of transparency.

3. Building Materials.

a. Intent. See Section 17-7-9.4(B)(3).

4. Building Lighting.

a. Intent. See Section 17-7-9.4(B)(4).

5. Rooftop Design and Mechanical Screening.

a. Intent. See Section 17-7-9.4(B)(5).

C. Landscape Standards Specific to Subarea 5.

1. Overall On-Site Landscape Treatment.

a. Intent. See Section 17-7-9.4(C)(1).

2. Building Perimeter Landscape.

a. Intent. See Section 17-7-9.4(C)(2).

3. Use and Building Related Courtyards, Plazas, and Other Usable Open Spaces.

a. Intent. See Section 17-7-9.4(C)(3).

4. Surface Drainage Landscape.

a. Intent. See Section 17-7-9.4(C)(4).

5. Parking Lot Landscaping.

a. Intent. See Section 17-7-9.4(C)(5).

6. Screening, Fencing and Walls.

a. Intent. See Section 17-7-9.4(C)(6).

7. Site Lighting/Parking Lot Lighting.

a. Intent.

i. To provide additional site lighting at the transit station and its related parking lots.

8. Paving.

a. Intent. See Section 17-7-9.4(C)(8).

9. Site Furnishings.

a. Intent. See Section 17-7-9.4(C)(9).

10. Plant Materials.

a. Intent. See Section 17-7-9.4(C)(10).

11. Irrigation and Maintenance.

a. Intent. See Section 17-7-9.4(C)(11).

D. Sign Standards Specific to Subarea 5. (See also Section 17-7-9.4(D).)

C = Commercial

R = Residential

MF = Apartments and Condos

Sign Type

Sign Area Max.

Height Max.

General Restrictions

A-Frame (C, MF)

6 s.f.

4'

One per ground level tenant. Must not impede pedestrian movement.

Above-Canopy Sign (C)

80% of width; part of allowed wall sign percentage

1-1/2 times fascia height or 4', whichever is less

Constructed of individual letters; one line of copy. Canopy cannot have pitched roof.

Awning/Canopy (C, MF)

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 (C, R, MF)

32 s.f.

6'

Removed within 15 days from final voting day. 3' max. height in clear view triangle.

Changeable Copy (C)

25% of sign

n/a

Changeable copy signs may be wall or monument signs. One changeable copy sign/business location.

Construction (C, R, MF)

32 s.f.

12'

Removed prior to certificate of occupancy.

Directional (C, MF)

4 s.f.

3'

Located at drive entrances and on-site only.

Flat or Wall (Commercial) (C)

15% of front and rear facade; 5% of side

n/a

Must be attached to main building. All signs attached to facade, including awning signs, and wall signs, determine sign area.

Flat or Wall (Mixed-Use) (C)

60 s.f.

n/a

Cabinet sign prohibited.

Projecting Wall (C)

12 s.f.

n/a

May extend four feet from facade perpendicular to facade. Must be 8' above sidewalk. One per ground level tenant.

Name Plate (R)

3 s.f.

n/a

Must be attached to main structure.

Monument (Commercial) (C, MF)

7200 S. or B.J. Blvd.

32 s.f.

64 s.f.

6' total

9' total

One monument sign for each street frontage allowed per single use development (i.e., pad sites/stand alone buildings). May not be located within 150' of any other monument or pylon sign.

Monument (Mixed-use) (C)

32 s.f.

6' total

To identify mixed-use projects of 1.5 acres or larger (not for tenant identification).

Monument (Multi-Tenant) (C)

96 s.f.

9' total

One per identified multi-tenant development. Forty-eight square feet plus one square foot per foot of street frontage up to 96 square feet maximum. Single use developments are limited to a Monument (Commercial) sign. A multi-tenant monument sign may be used in place of, rather than in conjunction with, a pylon sign. Multi-tenant monument signs are not allowed in mixed-use areas proximate to light rail.

Monument (Project Sign) (C)

64 s.f.

9' total

Located at project boundaries at the corners of 7200 South and 700 West. May include one tenant. Must be incorporated into a landscaped entry feature and include full project identification.

Pole Banners (C)

(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.

Pylon Signs (Multi-Tenant) (C)

650 s.f.

40' maximum height

Two per identified retail area located along Jordan River Boulevard.

Real Estate (C, R, MF)

32 s.f.

12'

3' max. height in sight distance triangle.

Suspended (C)

60 s.f.

n/a

Sign area is one square foot per lineal foot of building.

Temporary (C, MF)

See text.

Wayfinding Sign (C, R, MF)

30 s.f.

6'

Provides direction to points of interest within the larger “Bingham Junction” development. Allowed interior to the “Bingham Junction” project only, spaced 500' apart. General directions only, not for individual tenants (see text).

Window (C, MF)

25% of window area

See text.

E. Public Parks and Open Space Standards Specific to Subarea 5.

1. Formal and Informal Activities.

a. Intent.

i. To provide, at or near the transit stop, public open space for passenger circulation, pick-up and drop-off, transfers to other modes, and waiting areas.

2. Pedestrian, Bicycle and Service Circulation.

a. Intent.

i. To separate bicycle circulation and storage from pedestrian routes within an open space serving the transit stop.

3. Landscape.

a. Intent. See Section 17-7-9.4(E)(4).

4. Paving.

a. Intent. See Section 17-7-9.4(E)(5).

5. Water Elements.

a. Intent. See Section 17-7-9.4(E)(6).

6. Park and Open Space Furniture and Equipment.

a. Intent.

i. To provide bicycle storage facilities such as bike racks within an open space or parking lot serving the transit station.

7. Park and Open Space Lighting and Power.

a. Intent.

i. To provide ample pedestrian lighting in an open space serving the transit stop and at the transit stop itself.

8. Information Systems and Wayfinding.

a. Intent.

i. To provide transit system maps and schedules at key stops where transfers occur.

ii. To provide design elements and/or encourage public art at the transit stop so that the stop can express the identity of the area it is serving.

9. Drainage Systems and Detention/Retention Ponds.

a. Intent. See Section 17-7-9.4(E)(10).

10. Irrigation and Maintenance.

a. Intent. See Section 17-7-9.4(E)(11).

F. Streetscape Standards Specific to Subarea 5.

1. Street and Alley Design.

a. Intent.

i. To create an interconnected street and block system that focuses on the transit stop.

2. Street Trees and Other Plant Materials.

a. Intent.

i. To provide street trees, at a minimum, on the streets that lead to the transit stop, where practicable.

ii. To emphasize the streets that serve the transit stop with special and/or extra landscaping, where practicable.

3. Sidewalks and Paving.

a. Intent. See Section 17-7-9.4(F)(3).

4. Street and Pedestrian Lighting.

a. Intent.

i. To provide both street lighting and pedestrian lighting on the primary street or streets leading to the transit stop.

5. Street Furnishings.

a. Intent.

i. To focus street amenities such as seating, trash containers, newspaper boxes, pedestrian lights, information kiosks, public art, drinking fountains, and bike racks on the primary street or streets that serve the transit stop.

6. Irrigation and Maintenance.

a. Intent. See Section 17-7-9.4(F)(6).

7. Utilities.

a. Intent. See Section 17-7-9.4(F)(7). (Ord. 2015-01 § 1 (Att. C); Ord. 7/29/2008O-6 § 1; Ord. 5/1/2007O-5 § 1; Ord. 9/21/2004O-29 § 1)

17-7-9.4.6 Subarea 6 intent statements.

(In addition, see also intent statements common to all or multiple subareas.)

A. Site Plan/Urban Design Standards Specific to Subarea 6.

1. Building Use and Orientation.

a. Intent.

i. To orient the primary facades of buildings toward Bingham Junction Boulevard and the linear open space that adjoins it.

ii. To orient secondary and/or rear facades toward the railroad corridor and the adjoining industrial uses.

2. Building Interrelationships.

a. Intent.

i. To avoid the condition where residential uses face the rear facades of commercial buildings, particularly rear facades that include service areas.

ii. To set back buildings, particularly residences, from streets enough to include a detached sidewalk, a landscaped park strip with street trees (where feasible) and a landscaped front yard, the minimum size of which is enough to provide the following elements:

(A) A usable porch or comfortable entry space.

(B) Enough area to provide the residential occupant the ability to express individuality and uniqueness with landscaping.

(C) A transitional or buffer area between the street and the private space or adjacent use.

iii. To keep buildings close enough to the street so as to create a defined street space, which aids in creating a sense of place and community, and provides informal oversight and security for the public realm.

3. Pedestrian and Vehicular Access.

a. Intent.

i. To provide a pedestrian and bicycle path along Bingham Junction Boulevard connecting to the transit stop, and major open spaces.

4. Parking lot, residential garage, and commercial parking structure location.

a. Intent.

i. To locate parking facilities next to the railroad corridor, and the adjoining industrial uses.

5. Service Area, Refuse Storage, Utility and Mechanical Equipment Locations.

a. Intent.

i. To locate service uses away from streets and public open spaces, and, where possible, next to the railroad corridor and/or adjoining industrial uses.

ii. To avoid locating service areas, refuse enclosures, loading docks and utility appurtenances on streets with residential uses.

6. Private On-Site Open Space Allocation and Location.

a. Intent. See Section 17-7-9.4(A)(6).

B. Architectural Standards Specific to Subarea 6.

1. Building Form and Massing.

a. Intent.

i. To locate higher buildings on higher grades at the top of the slope, and lower buildings on the lower portions of the slope in order to maximize long distance views.

2. Building Cafe and Character.

a. Intent.

i. To promote a variety of housing types within the subarea in order to create a diverse and successful community rather than an isolated, single-product development.

ii. To encourage a pattern of scattered housing products that locates lower densities on quiet streets, highest densities closest to larger roadways, and at the edges of neighborhoods, but within walking distance of local services, retailing, public places, and transit.

3. Building Materials.

a. Intent.

i. To provide variety in color, texture, pattern and/or material within a multifamily building, or within a multifamily development.

4. Building Lighting.

a. Intent. See Section 17-7-9.4(B)(4).

5. Rooftop Design and Mechanical Screening.

a. Intent. See Section 17-7-9.4(B)(5).

C. Landscape Standards Specific to Subarea 6.

1. Overall On-Site Landscape Treatment.

a. Intent. See Section 17-7-9.4(C)(1).

2. Building Perimeter Landscape.

a. Intent. See Section 17-7-9.4(C)(2).

3. Use and Building Related Courtyards, Plazas, and Other Usable Open Spaces.

a. Intent. See Section 17-7-9.4(C)(3).

4. Surface Drainage Landscape.

a. Intent. See Section 17-7-9.4(C)(4).

5. Parking Lot Landscaping.

a. Intent. See Section 17-7-9.4(C)(5).

6. Screening, Fencing and Walls.

a. Intent.

i. To substantially screen the noise and visual presence of railroad operations through the use of landscaped berms, solid masonry walls, fencing with frequently spaced masonry piers, or combinations of these elements in a unified design.

7. Site Lighting/Parking Lot Lighting.

a. Intent. See Section 17-7-9.4(C)(7).

8. Paving.

a. Intent. See Section 17-7-9.4(C)(8).

9. Site Furnishings.

a. Intent. See Section 17-7-9.4(C)(9).

10. Plant Materials.

a. Intent. See Section 17-7-9.4(C)(10).

11. Irrigation and Maintenance.

a. Intent. See Section 17-7-9.4(C)(11).

12. Other Landscape Buffers.

a. Intent.

i. To provide sufficient space along the railroad corridor to screen railroad operations, and to provide additional landscaping that visually “softens” wall and/or fence screening from the view of adjoining uses.

D. Sign Standards Specific to Subarea 6. (See also Section 17-7-9.4(D).)

C = Commercial

R = Residential

MF = Apartments and Condos

Sign Type

Sign Area Max.

Height Max.

General Restrictions

A-Frame (C, MF)

6 s.f.

4'

One per ground level tenant. Must not impede pedestrian movement.

Awning/Canopy (C, MF)

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 (C, R, MF)

32 s.f.

6'

Removed within 15 days from final voting day. 3' max. height in clear view triangle.

Changeable Copy (C)

25% of sign

n/a

Changeable copy signs may be wall or monument signs. One changeable copy sign/business location.

Construction (C, R, MF)

32 s.f.

12'

Removed prior to certificate of occupancy.

Directional (C, MF)

4 s.f.

3'

Located at drive entrances and on-site only.

Projecting Wall (C)

12 s.f.

n/a

May extend four feet from facade perpendicular to facade. Must be 8' above sidewalk. One per ground level tenant.

Name Plate (R)

3 s.f.

n/a

Must be attached to main structure.

Monument (Commercial) (C, MF)

7200 S. or B.J. Blvd.

32 s.f.

64 s.f.

6' total

9' total

One monument sign for each street frontage allowed per single use development (i.e., pad sites/stand-alone buildings). May not be located within 150' of any other monument or pylon sign along the same side of the street. Midvale City Staff may grant a special exception for not more than two single tenant monument signs to be located closer than 150' if the two monument signs are placed parallel with one another across a common driveway serving both projects including the following:

A. The sign type, base, height, width, material, color, style is identical to one another;

B. The signage areas are landscaped with similar plant types, materials, slopes, etc.;

C. Both monument signs will face one another at equal angles and distances from the street to the maximum extent possible taking into consideration finished grades, sight distances, etc.; and

D. The signs shall serve as part of an integrated driveway entry feature for the developments.

Monument (Multi-Tenant) (C)

96 s.f.

9' total

One per identified multi-tenant development. Forty-eight square feet plus one square foot per foot of street frontage up to 96 square feet maximum. Single use developments are limited to a Monument (Commercial) sign. A multi-tenant monument sign may be used in place of, rather than in conjunction with, a pylon sign. Multi-tenant monument signs are not allowed in mixed-use areas proximate to Trax.

Monument (Project Signs) (C)

64 s.f.

9' total

Located at project boundaries. 7200 South and Bingham Junction Blvd., 7800 South and Bingham Junction Blvd. and Bingham Junction Blvd. and 700 West (not for tenant identification).

Pole Banners (C)

(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.

Real Estate (C, R, MF)

32 s.f.

12'

3' max. height in sight distance triangle.

Suspended (C)

60 s.f.

n/a

Sign area is one square foot per lineal foot of building.

Temporary (C, MF)

See text.

Wayfinding Sign (C, R, MF)

30 s.f.

6'

Provides direction to points of interest within the larger “Bingham Junction” development. Allowed interior to the “Bingham Junction” project only, spaced 500' apart. General directions only, not for individual tenants (see text).

Window (C, MF)

25% of window area

See text.

E. Public Parks and Open Space Standards Specific to Subarea 6.

1. Formal and Informal Activities.

a. Intent.

i. To create an attractive environment within the linear park that parallels Bingham Junction Boulevard for both active informal recreation such as walking, jogging, and bicycling; and passive activities such as people watching, reading, dog walking and meeting neighbors.

b. Pedestrian, Bicycle and Service Circulation.

i. Intent.

(A) To create an attractive pedestrian and bicycle path system, within the linear park that parallels Bingham Junction Boulevard, that connects residential to shopping and workplace locations, and the proposed transit stop in Subarea 5.

2. Landscape.

a. Intent.

i. To maximize the usability of the linear park that parallels Bingham Junction Boulevard through the use of turf that is resilient to foot traffic, where practicable.

ii. To provide a variety of sun and shade conditions within the linear park that parallels Bingham Junction Boulevard through the grouping of shade trees and other shade-providing elements, where practicable.

iii. To give spatial definition to Bingham Junction Boulevard by lining the street edge with street trees, where practicable.

3. Paving.

a. Intent. See Section 17-7-9.4(E)(5).

4. Water Elements.

a. Intent. See Section 17-7-9.4(E)(6).

5. Park and Open Space Furniture and Equipment.

a. Intent.

i. To provide frequent opportunities to sit along the Bingham Junction Boulevard linear park’s pedestrian and bicycle path system.

6. Park and Open Space Lighting and Power.

a. Intent. See 17-7-9.4(E)(8) and streetscape intent statements.

7. Information Systems and Wayfinding.

a. Intent. See Section 17-7-9.4(E)(9).

8. Drainage Systems and Detention/Retention Ponds.

a. Intent. See Section 17-7-9.4(E)(10).

9. Irrigation and Maintenance.

a. Intent. See Section 17-7-9.4(E)(11).

F. Streetscape Standards Specific to Subarea 6.

1. Street and Alley Network Design.

a. Intent. See Section 17-7-9.4(F)(1).

2. Street Trees and Other Plant Materials.

a. Intent.

i. To provide street trees, sod or ground cover within the park strip as practicable and regulated by the institutional controls.

3. Sidewalks and Paving.

a. Intent. See Section 17-7-9.4(F)(3).

4. Street and Pedestrian Lighting.

a. Intent.

i. To provide pedestrian lighting along Bingham Junction Boulevard or within its associated open space.

5. Street Furnishings.

a. Intent. See Section 17-7-9.4(F)(5).

6. Irrigation and Maintenance.

a. Intent. See Section 17-7-9.4(F)(6).

7. Utilities.

a. Intent. See Section 17-7-9.4(F)(7). (Ord. 2012-03 § 1 (Att. A); Ord. 5/1/2007O-5 § 1; Ord. 9/21/2004O-29 § 1)

17-7-9.5 Common development standards.

A. Utilities. All utilities shall be underground.

B. Access Management. All new development shall comply with the following access management standards:

1. All driveways and curb cuts shall be installed according to the standards and specifications contained in the Midvale City Construction Standards and Specifications handbook. Curb cuts for pedestrian access shall orient toward each street frontage.

2. All newly installed driveways for commercial uses shall be a minimum of two hundred feet apart.

3. All newly installed driveways for commercial uses shall align with any existing commercial access across the street.

4. 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.

C. Irrigation/Planting Plan. The applicant must submit a landscape plan documentation package. The landscape documentation package shall be submitted as part of the site plan application, and approved 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; and

iii. Grade shall slope away from the structure as required by the International Building Code.

D. Landscape Design Standards.

1. 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 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.

2. 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.

3. 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.

4. 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.

5. Trees. Trees less than a two-inch caliper must be double-staked until the trees mature to a two-inch caliper.

E. Irrigation Design Standards.

1. 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.

2. 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.

3. 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.

4. 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 valve. Drip emitters and sprinklers shall be placed on separate valves.

5. Drip emitters or a bubbler shall be provided for each tree unless located in a turf area. Bubblers shall not exceed 1.5 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.

6. Sprinklers shall have matched precipitation rates with each control valve circuit.

7. 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.

8. Filters and end flush valves shall be provided as necessary for drip irrigation lines.

9. 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.

10. Program valves for multiple repeat cycles where necessary to reduce runoff, particularly on slopes and soils with slow infiltration rates.

11. Spacing of irrigation heads shall not exceed fifty-five percent of coverage diameter.

F. Plan Review and Construction Inspection.

1. 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.

2. 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.

3. 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 chapter are not satisfied.

G. 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 chapter.

H. Lighting. 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.

e. Lighting for outdoor athletic facilities may be mounted on a roof or wall at a height above the typical eighteen-foot maximum provided it is demonstrated by the applicant through submittal of appropriate documentation and light studies showing that the facility cannot otherwise be properly lighted. This lighting shall comply with the following requirements:

i. Light fixtures and necessary supports shall not extend more than four feet above the roof line;

ii. Light fixtures shall include appropriate shields to ensure no light trespass off the site;

iii. Light fixtures shall include appropriate shields and louvers to minimize, to the greatest extent possible, any point source light pollution;

iv. Light fixtures and supports shall be painted to blend with the color scheme of the structure to which they are mounted;

v. Light fixtures shall be dimmable to address any possible unforeseen light impacts once they are constructed and operable; and

vi. The planning commission shall review the hours of light usage and shall approve an appropriate usage schedule depending on the specific situation and impacts on the surrounding area.

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.

I. 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 so as not to impede natural surveillance 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 discouraged 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 are discouraged immediately adjacent to streets. Developments shall have street-side building elevations, with windows, and with balconies, decks or landscape terraces encouraged. (Ord. 2019-06 § 1 (Att. B); Ord. 9/21/2004O-29 § 1)

17-7-9.6 Parking.

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 or within a quarter-mile radius of the light rail transit (LRT) station.

A. Allowance for Small Businesses within Subarea 5.

1. On-Street Parking. Businesses under three thousand square feet leasable area may include on-street parking in their parking requirements, up to fifty percent of total required spaces.

2. Parking Reductions. Businesses under three thousand square feet gross floor area, located in mixed-use buildings, may receive up to a twenty-five percent reduction in parking requirements, based upon the expected customer turnover for the service provided.

USES

PARKING REQUIREMENT
(Number of spaces)

Assembly Hall

1 for every 2 employees in the largest shift + 1 for each vehicle used in conducting the business

Auditorium

1 per vehicle for sale or rent plus one space per employee per shift

Bed and Breakfast Inn

1 per bedroom + 1 per employee per shift

Cafe/Deli

3 per 1,000 s.f. of net leasable building area

Car Wash

• 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 employee and 1 per 6 children

Convenience Store, Support Commercial Uses

5 per 1,000 s.f. of net leasable building area

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/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

Indoor Entertainment, Theater

1 per 4 seats or 5 per 1,000 s.f. of floor area depending on type of facility

Master Planned Development

Determined by planning commission, based on proposed uses and potential for shared parking

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 greater 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 greater 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

Retail and Service Commercial Personal Service

3 for each 1,000 s.f. of net leasable building area

Retail and Service Commercial, Regional

5 for each 1,000 s.f. of net leasable building area

Retail and Service, Auto-Related and Gas Stations

5 per 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 or Complexes of Multi-Tenant Retail Spaces

3.5 per 1,000 s.f. of net leasable building area

Single Family

2 per dwelling unit

B. Driveway and Parking Lot Standards. The following driveway width dimensions and parking lot standards apply to all new development. The city engineer may approve minor variations (less than or equal to ten percent) in driveway width and spacing.

1. Driveway Standards. 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-four feet. The maximum two-way drive width is thirty-six feet.

2. Parking. No parking is allowed within the required front yard setbacks.

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 triangle.

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 ten percent interior landscaping, and perimeter landscaping of at least five feet in width;

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.

3. Spacing. New development shall provide the following:

a. Commercial. A minimum of seventy-five feet spacing between major commercial driveways is recommended. Shared use of commercial drives is strongly recommended.

b. Centerline. The centerline of intersections of the driveways of major traffic generators entering from opposite sides of a roadway must be either perfectly aligned or offset by a minimum of one hundred fifty feet.

c. Deviations. The city engineer may approve spacing deviations to facilitate adequate access to a business or parcel.

C. 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 should not be located on a street frontage unless measures have been taken to provide architectural relief and pedestrian scale to the ground floor.

4. Architecture. Architectural relief shall be integrated into all facades to soften visual impacts and to provide a visual relationship with the surrounding structures.

D. Commercial Use Parking Standards. Parking for new commercial uses shall comply with the following:

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 Uniform 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.

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 thirty 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. Loading Areas. 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- or on-street according to this section.

i. Off-Street.

(A) 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.

(B) Loading docks and loading areas must be screened from adjoining property and public right-of-way.

ii. On-Street.

(A) All designated on-street loading areas must be located entirely within or immediately adjacent to the public right-of-way and may not impede a vehicle travel lane or the adjacent sidewalk.

(B) For a public right-of-way that does not have a sufficient shoulder or parking area to permit an on-street loading area without impeding vehicle or pedestrian traffic, the owner may construct an on-street loading area that extends into the landscaping setback under Section 17-7-10.11.5 and the planter area required under Section 17-7-10.11.3. The owner must still provide a sidewalk that meets the requirements of this chapter. The community development director may allow a public easement to be used to relocate a public sidewalk within privately owned property. A constructed on-street loading area may not exceed twelve feet in width from the existing curb.

(C) On-street loading areas are limited to no more than one hundred feet in length. No more than one on-street loading area is permitted per street frontage per block.

(D) Constructed on-street loading areas must be finished with stamped concrete or pavers. On-street loading areas located within an existing on-street parking area must be striped to distinguish such areas from the adjacent roadway. All on-street loading areas must have signage at each end of the on-street loading area designating the on-street loading area for loading and unloading purposes only. Signage must be substantially similar to the following sign types:

(1) ; and

(2) .

(E) On-street loading areas are limited to use by vehicles no larger than twenty-six thousand GVWR and for no longer than two hours per vehicle per day.

(F) Constructed on-street loading areas must be located at least two hundred feet from intersections or other driveways on the same side of the street and, for streets without a center turn lane, must align with driveways on the opposite side of the street.

(G) All curb cuts must be installed according to the standards and specifications contained in the Midvale City Construction Standards and Specifications handbook. The city engineer must approve all on-street loading areas.

E. Calculation of Spaces. 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.

F. 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. (Ord. 2025-02 § 1 (Att. A); Ord. 2022-09 § 1 (Att. F); Ord. 2022-01 § 1 (Att. A); Ord. 2021-19 § 1 (Att. A); Ord. 2019-06 § 1 (Att. B); Ord. 2015-06 § 1 (Att. B); Ord. 2015-01 § 1 (Att. B); Ord. 9/23/2008O-7 § 1; Ord. 9/21/2004O-29 § 1)

17-7-9.7 Utilities.

All utilities within the proposed development shall be buried. The owner shall install conduit within the development’s proposed right-of-way for the eventual burial of overhead utilities throughout the overlay district. If the planning commission finds, upon the review and recommendation of the city engineer, that such installation is not feasible at the time of development, the applicant shall bond for the future installation of said conduit. All underground conduit shall be installed in conformance with city standards as identified in city construction standards and specifications. (Ord. 9/21/2004O-29 § 1)

17-7-9.8 Outdoor advertising.

The following provisions regulate the use of bus benches, shelters, ad stands and newspaper stands.

A. Bus Benches and Shelters.

1. 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.

2. 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.

3. 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).

4. 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.

5. Insurance. Each bench or shelter company shall provide proof of liability insurance in the minimum amount of five hundred thousand dollars.

6. 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.

7. 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.

B. Newspaper and Ad Stands.

1. 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.

2. 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.

3. Advertising. No advertising is allowed on the exterior except a logo or other information identifying the publication.

4. 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.

5. 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. 5/1/2007O-5 § 1; Ord. 9/21/2004O-29 § 1)

17-7-9.9 Conditional use standards of review.

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 Midvale City 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 17-7-9.6;

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; and

iii. A delivery, traffic and parking plan which adequately mitigates the adverse impacts of increased traffic generation.

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; 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 17-7-9.6.

2. Administrative Conditional Use.

a. Personal Athletic Facility. Each application for a personal athletic facility shall include a screening plan, which effectively screens the use from adjacent uses.

b. 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.

c. 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.

d. 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. 2022-13 § 1 (Att. B); Ord. 2016-15 § 1 (Att. A); Ord. 2016-01 § 1 (Att. B); Ord. 2012-08 § 1 (Att. A); Ord. 10/6/2009O-19 § 1 (Att. A); Ord. 9/21/2004O-29 § 1)

17-7-9.10 Itinerant merchant.

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. 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; 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.

2. 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.

3. 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.

4. 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.

5. 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. 9/21/2004O-29 § 1)

17-7-9.11 Institutional controls.

(To be provided at a later date). (Ord. 9/21/2004O-29 § 1)

17-7-9.12 Adopted zoning plans.

(To be inserted as adopted). (Ord. 9/21/2004O-29 § 1)

17-7-9.13 Related provisions.

A. Title 5, Business Taxes, Licenses and Regulations;

B. Title 16, Subdivisions;

C. Chapter 17-2, Definitions;

D. Chapter 17-3, Administration and Enforcement. (Ord. 9/21/2004O-29 § 1)