Midvale City Zoning Code

17-7-9.12.2 The

Junction at Midvale Zone

17-7-9.12.2.1 Purpose.

The purpose of the Junction at Midvale zone is to:

A. Encourage the creation of high quality development including residential, retail, office, and other commercial and public uses in coordinated, visually exciting and durable projects. This zoning plan encourages a coordinated mix of uses and buildings that complement each other and the overall Midvale community;

B. Address minimum standards supplemented by the Junction at Midvale site development guidelines which are created and administered by the applicable property owners association(s);

C. Create a transit-oriented residential community, office park and business district that take advantage of the transit opportunities presented by the light rail stop and associated transit routes. This zoning plan encourages residential and office densities that facilitate maximum utilization of the light rail line and related infrastructure;

D. Encourage high quality, distinctive development to create a sense of place and identity for the Junction at Midvale;

E. Encourage a mix of high quality office, commercial, retail, open space, entertainment, recreation, residential, public and institutional land uses;

F. Encourage ground level retail uses that open directly onto sidewalks adjacent to streets, with upper floor office and residential uses;

G. Provide a variety of housing opportunities and choices that include a range of household types and architecture, family sizes and incomes;

H. Revitalize a former Superfund Site;

I. Enhance urban design in the area while respecting the surrounding urban fabric;

J. Coordinate urban design, streetscape, and open space elements in order to create a distinctive visual quality for the area;

K. Manage parking and access in a manner that enhances pedestrian safety, pedestrian mobility and quality urban design;

L. Discourage surface parking by encouraging and creating incentives for alternate parking methods including but not limited to structured parking, on-street parking, shared parking, and reduced parking;

M. Provide variation in architectural design and housing types and affordability;

N. Create neighborhoods which are integrated with and have direct access to open space and parklands; and

O. Provide pedestrian connections within and among adjacent neighborhoods.

This zoning plan encourages uses that are built at a pedestrian scale and encourage pedestrian movement. (Ord. 8/7/2007O-10 § 1 (Exh. A))

17-7-9.12.2.2 Boundary.

PARCEL 1.

BEGINNING on the West right-of-way line of 700 West Street at a point which is North 0º17'31" East along the Section line 174.467 feet and North 89º42'29" West 53.00 feet from the East quarter corner of Section 26, Township 2 South, Range 1 West, Salt Lake Base and Meridian, and running thence South 86º33'00" West along the Northerly right-of-way line of the Union Pacific Railroad (formerly Denver & Rio Grande Western Railroad) 311.026 feet to a point of a 2,889.79 foot radius tangent curve to the left; thence Southwesterly along the arc of said curve, and said Northerly right-of-way line 136.18 feet; and through a central angle of 2º42'00"; thence South 83º51'00" West along said Northerly right-of-way line 188.153 feet; thence North 6º09'00" West along said Northerly right-of-way line 25.000 feet; thence South 83º51'00" West along said Northerly right-of-way line 1,193.047 feet; to a point of a 1,482.400 foot radius tangent curve to the left; thence Southwesterly along the arc of said curve, and said Northerly right-of-way line through a central angle of 47º16'49", 1,223.27 feet to a point which is said to be on the East bank of the Jordan River; thence South 83º00'00" West along said East bank 40.061 feet; thence North 25º19'00" West along said East bank 38.600 feet; thence North 16º07'00" East along said East bank 62.200 feet; thence North 30º53'00" East along said East bank 101.900 feet; thence North 27º10'00" East along said East bank 175.600 feet; thence North 18º42'00" East along said East bank 35.600 feet; thence North 23º22'00" East along said East bank 96.200 feet; thence North 5º23'00" East along said East bank 96.600 feet; thence North 6º25'00" East along said East bank 234.300 feet; thence North 13º20'00" West along said East bank 131.180 feet; thence North 2º00'00" West along said East bank 14.870 feet; thence departing from the said East bank of the Jordan River, and running thence North 25º00'00" East 132.00 feet; thence North 44º00'00" East 99.000 feet; thence North 37º00'00" West 132.00 feet; thence North 29º00'00" West 131.070 feet to a point which is said to be on the East bank of the Jordan River; thence North 5º54'00" West along said East bank 151.080 feet; thence North 2º42'00" West along said East bank 215.900 feet; thence North 4º40'00" West along said East bank 258.300 feet; thence North 2º28'00" West along said East bank 267.000 feet; thence North 4º31'00" West along said East bank 129.500 feet; thence North 4º23'00" West along said East bank 3.63 feet; thence North 5º36'01" West along said East bank 211.677 feet; thence North 0º01'31" West along said East bank 40.00 feet; thence North 4º03'48" West along said East bank 362.429 feet to the Southerly right-of-way line of said 7200 South Street (Jordan River Boulevard); thence departing said East bank of the Jordan River, and running thence North 89º20'39" East along said Southerly right-of-way line 275.460 feet to a point of a 1,369.900 foot radius tangent curve to the right; thence Southeasterly along the arc of said curve and said Southerly right-of-way line, through a central angle of 27º43'14", 662.775 feet; thence South 16º21'22" East along said Southerly right-of-way line 34.700 feet; thence South 60º18'00" East along said Southerly right-of-way line 76.00 feet; thence North 75º45'23" East along said Southerly right-of-way line 34.700 feet to a point on a 1,369.900 foot radius curve to the right, the center of said curve being South 32º20'07" West; thence Southeasterly along the arc of said curve to the right, and said Southerly right-of-way line 369.940 feet; thence South 42º11'31" East 215.550 feet to a point of a 1,335.740 foot radius tangent curve to the left; thence Southeasterly along the arc of said curve and said Southerly right-of-way line through a central angle of 12º03'18", 281.038 feet; thence South 10º51'59" East along said Southerly right-of-way line 36.020 feet; thence South 56º56'59" East along said Southerly right-of-way line 75.99 feet; thence North 76º58'02" East along said Southerly right-of-way line 36.010 feet to a point on a 1,335.740 foot radius curve to the left, the center of said curve being North 30º20'51" East; thence Southeasterly along the arc of said curve and said Southerly right-of-way line through a central angle of 30º11'59", 704.050 feet; thence South 89º51'08" East along said Southerly right-of-way line 383.770 feet; thence South 44º46'48" East along said Southerly right-of-way line 35.310 feet to the West right-of-way line of 700 West Street; thence South 0º17'31" West along said West right-of-way line 1,158.073 feet to the point of BEGINNING. Contains 115.28 acres.

EXCEPTING FROM SAID PARCEL 1 any portion lying below the mean high water mark of the Jordan River.

PARCEL 2.

BEGINNING South 0º08'36" West along the Section line 345.595 feet and West 670.489 feet from the East Quarter Corner of Section 26, Township 2 South, Range 1 West, Salt Lake Base and Meridian, and running thence South 1º43'31" West 1,016.338 feet; thence South 89º52'31" West 526.000 feet; thence South 0º07'29" East 983.650 feet to the North right-of-way line of Utah Highway 48 (7800 South); thence North 89º34'30" West along said North right-of-way line 45.630 feet; thence South 85º46'23" West along said North right-of-way line 208.990 feet; thence North 33º13'37" East 67.555 feet; thence North 56º46'23" West 50.000 feet; thence South 33º13'37" West 105.857 feet to the North right-of-way line of Utah Highway 48 (7800 South); thence South 85º46'23" West along said North right-of-way line 28.720 feet; thence South 84º41'58" West along said North right-of-way line 149.070 feet; thence South 81º39'53" West along said North right-of-way line 50.150 feet; thence South 85º21'15" West along said North right-of-way line 199.020 feet; thence North 85º48'46" West along said North right-of-way line 103.290 feet to a point on a 2,936.900 foot radius curve to the left, the center of said curve to the left being South 6º28'04" East; thence along the arc of said curve, and said North right-of-way line through a central angle of 8º43'56", 447.601 feet; thence South 74º48'00" West along said North right-of-way line 559.220 feet to a point which is said to be on the East bank of the Jordan River; thence North 2º17'00" East along said East bank 175.330 feet; thence North 0º51'00" West along said East bank 218.400 feet; thence North 1º40'00" East along said East bank 75.100 feet; thence North 3º47'00" East along said East bank 150.600 feet; thence North 5º44'00" East along said East bank 142.600 feet; thence North 11º16'00" East along said East bank 74.100 feet; thence North 43º20'00" East along said East bank 285.400 feet; thence North 18º52'00" East along said East bank 78.800 feet; thence North 1º48'00" East along said East bank 77.700 feet; thence North 25º02'00" West along said East bank 52.200 feet; thence North 20º02'00" West along said East bank 99.000 feet; thence North 0º50'00" East along said East bank 338.800 feet; thence North 5º12'00" East along said East bank 160.100 feet; thence North 5º34'00" West along said East bank 88.000 feet; thence North 27º04'23" West along said East bank 52.017 feet to the South right-of-way line of the Union Pacific Railroad (formerly Denver & Rio Grande Western Railroad) and a point on a 1,382.400 foot radius curve to the right, the center of said curve being South 55º09'56" East; thence departing from said East bank of the Jordan River Northeasterly along the arc of said curve to the right, and said South right-of-way line through a central angle of 49º00'56", 1,182.620 feet; thence North 83º51'00" East along said South right-of-way line 696.511 feet; thence South 7º50'31" West 257.241 feet; thence South 80º29'54" East 369.390 feet; thence South 11º11'23" East 11.600 feet; thence South 84º51'35" East 168.820 feet to the point of BEGINNING. Contains 99.89 acres.

EXCEPTING FROM SAID PARCEL 2 any portion lying below the mean high water mark of the Jordan River. (Ord. 8/7/2007O-10 § 1 (Exh. A))

17-7-9.12.2.3 Use.

Uses are categorized by subarea and land use designation as defined in the large-scale master plan for Bingham Junction. If a use is not specifically designated, it is prohibited. Uses designated with an asterisk (*) have additional use-specific standards included in subsection (A) of this section. Some uses have additional standards included in Chapter 17-6, Supplementary Regulations.

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			•
Entertainment Center			•	•
Fences:
7' or less	•
7' or more		•
Financial Institution:
W/o drive-up window	•			•
W/drive-up window		•		•
Home Occupation	•			•
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			•	•

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

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

****Large: 25,000 SF and above

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.

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 in the Bingham Junction zone for the purpose of calculating parking requirements.

d. Signage. In addition to those requirements within this title, all signage associated with a medical cannabis pharmacy use shall comply with any requirements imposed by the state of Utah.

a. An IADU may only be constructed on a lot with one detached single family dwelling. The property owner must occupy one of the dwelling units on the property as their permanent residence for as long as the IADU remains on the property.

b. The IADU must conform to all applicable standards in the building, plumbing, electrical, mechanical, fire, health, and any other applicable codes. A building permit is required prior to engaging in any construction activity on an IADU.

c. Installing separate utility meters or separate addresses for an IADU is prohibited.

d. Any additions to an existing building must comply with the development standards within this chapter.

e. An IADU must provide off-street parking as described within this chapter.

f. An IADU may not be constructed within a mobile home or manufactured home.

g. An IADU may not be constructed on a lot with a total square footage of six thousand or less.

h. Prior to issuance of a certificate of occupancy for an IADU, the property owner must record a notice against the property’s title that includes:

i. 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.

a. An EADU may only be constructed on a lot with one detached single family dwelling. The property owner must occupy one of the dwelling units on the property as their permanent residence for as long as the EADU remains on the property.

b. The EADU must conform to all applicable standards in the building, plumbing, electrical, mechanical, fire, health, and any other applicable codes. A building permit is required prior to engaging in any construction activity on an EADU.

c. Installing separate utility meters or separate addresses for an EADU is prohibited.

d. An EADU must comply with the standards in Section 17-7-9.12.2.4(H).

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. 8/7/2007O-10 § 1 (Exh. A))

17-7-9.12.2.4 Single family residential development standards.

The following development standards apply to all single family detached residential lot subdivisions in the residential land use areas. These are traditional single family residential lots that do not require additional open space and common areas within the development.

A. Lot Standards—Minimum Area. The minimum lot area is three thousand five hundred square feet, subject to the following regulations:

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

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

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

B. Setbacks. The minimum setbacks for primary structures in single family detached residential lot subdivisions are as follows:

1. Front. The minimum front yard setback is fifteen feet.

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

b. Exceptions. The following exceptions apply to all front yard setbacks in the zone:

i. Front Porch. An open, front entry porch may encroach eight feet into the front yard setback.

ii. Projections. Skylights, sills, cornices, chimneys, flues, eaves and ornamental features may project into the front yard up to two and one-half feet.

iii. Impervious Surfaces. A driveway with a width of ten feet and a sidewalk of up to five feet in width from the driveway or street to the front door.

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

a. Distance Between Buildings. There shall be a combined minimum of ten feet between buildings.

b. Projection. Skylights, sills, cornices, chimneys, flues, eaves and ornamental features may project into the side yard up to two and one-half feet. If the front porch wraps around the structure it may project into the side yard up to two feet.

c. Stairs and Balconies. Outside stairways and balconies may project into the ten-foot combined separation up to three feet but may not project into the required four-foot side yard.

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

a. Corner Lot Rule. On corner lots there is no rear yard.

b. Projection. Skylights, sills, cornices, chimneys, flues, eaves and ornamental features may project into the rear yard up to two and one-half feet.

c. Stairs and Balconies. Outside stairways and balconies may project into the rear yard up to three feet.

C. Building Orientation and Scale. Residential and accessory structures shall be oriented and scaled as follows:

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

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

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

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

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

D. Build-To Line. The front yard setback is the build-to line. At least fifty percent of the front elevation must be built within three feet of the build-to line. This provision does not apply to the development of cul-de-sac lots.

E. Height. The maximum height for a structure is twenty-eight feet for a pitched roof and twenty-five feet for a flat roof.

F. Stories. All buildings must be from one to two and one-half stories.

G. Parking/Driveway Access. Each lot shall provide two parking spaces in a garage, or in the side or rear yard of the property. Except for a ten-foot driveway from the frontage that leads to a garage or other parking area located on the side or to the rear of a dwelling, off-street parking and access to parking areas shall be located on the side or rear of a property.

H. Unoccupied Accessory Structure and External Accessory Dwelling Unit Standards. An unoccupied accessory structure or an external accessory dwelling unit shall meet the following development standards:

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

2. Location. An unoccupied accessory structure or an EADU must be located in either the rear or side yard.

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

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

5. Stories. An unoccupied accessory structure or an EADU may range from one to one and one-half stories.

6. Building Area. The maximum cumulative building area of all unoccupied accessory structures and an EADU is the larger of nine hundred square feet or thirteen percent of the lot area.

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

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

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

I. Reserved.

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

2. Garages. Garages must be side- or rear-loaded and/or detached rear yard garages.

a. Building/Retaining Walls. No more than three materials shall be used for the primary wall surfaces on a building. Exterior finish shall be of traditional, time- and weather-tested techniques. Retaining walls shall be of materials complementary to the building’s materials.

b. Colors. Without limiting the use of color, exterior walls shall be subdued in color and not reflective. Intense colors should be used as accent only.

c. Roofs. All the roofs and dormer roofs of a building shall be constructed of the same material. Slopes of roofs shall be of equal pitch if a gable or hip roof is employed. All metal roofs must be of a subdued color. Painted roof shingles are prohibited.

d. Openings. The following standards apply to openings of all structures:

i. Entry Doors. Entry doors must face the front yard or, if located on the building side, must be placed within three feet of the front facade. Entry doors must be covered by a roof and must be a primary element of the front of the structure.

ii. Windows. Bay windows shall have from three to five sides.

K. City-Wide Utility Infrastructure. Each project and each structure within each project shall include infrastructure that facilitates connection to Questar Gas, Rocky Mountain Power, Comcast Cable, UTOPIA, and Qwest Communications. This requirement may be waived if any of the aforementioned utilities decline, in writing, the opportunity to install or utilize the necessary infrastructure. The director of community and economic development and authorized deputies may approve the waiver. (Ord. 2024-26 § 1 (Att. A); Ord. 2021-19 § 1 (Att. A); Ord. 8/7/2007O-10 § 1 (Exh. A))

17-7-9.12.2.5 Medium and high density residential development standards.

The following development standards apply to all new single family attached, single family detached, and multifamily development in the residential land use area, with the exception of single family detached residential lots (see Section 17-7-9.12.2.4).

A. Setbacks. New development shall comply with the following setbacks:

1. Front. The minimum front yard setback is eighteen feet if off-street parking is to occur in the driveway. Otherwise there shall be no front yard setback except as required by the planning commission through specific design review.

a. Exceptions. The following exceptions to front yard setbacks apply to all new development in the zone:

i. Driveway and Sidewalks. A driveway width of up to twenty feet and a sidewalk width of up to six feet may occupy the front yard.

2. Side. The minimum side yard setback shall be regulated by the building code. In situations where a multifamily development side yard abuts a single family residential, attached or detached development, the side yard setback shall be a minimum of fifteen feet.

3. Rear. The minimum rear yard setback shall be regulated by the building code. In situations where a multifamily development rear yard abuts a single family residential, attached or detached development, the rear yard setback shall be a minimum of fifteen feet.

4. Each unit shall have access to a common area of at least three hundred square feet in size for each unit adjacent to said space, or a private yard of at least three hundred square feet in size shall be provided at the rear of each structure.

B. Height. The maximum height for the zone is ten stories. If a structure is constructed on a lot within fifty feet of a single family detached residential development, the maximum height shall not be constructed in excess of one story higher than the nearest adjacent building.

C. Building Orientation and Scale. Residential and accessory structures shall be oriented and scaled as follows:

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

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

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

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

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

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

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

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

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

D. Floor and Deck Height. The following floor and deck heights apply to all structures:

1. Main Floor. The main floor of all residential units shall be no less than two and one-half feet above finished exterior grade.

2. Basement Floor. The basement floor of all residential units shall be no closer than four feet to finished exterior grade.

E. Stories. All building types must be from one to ten stories.

F. Proximity. There shall be a minimum separation of twenty feet between all habitable structures. Building separation may be reduced as follows if building code requirements are met: ten feet between one-story structures; fourteen feet between two-story structures; and eighteen feet between three-story structures.

G. Fencing. Fencing in residential developments shall not exceed seven feet in height in the rear and side yards. Fencing in a front yard is prohibited. Fencing located in the sight distance triangle shall not exceed three feet in height. The fencing of private yards shall be accomplished in a manner that does not create areas of common space that are unusable, inaccessible, or hidden from other residents of the project. Barbed or razor wire is prohibited. Fencing up to eight feet in height may be allowed in the side(s) or rear yard provided one of the following requirements are met:

1. The side(s) or rear property is adjacent to a freeway system or arterial or collector roadway.

2. Buffering between commercial/industrial uses and residential uses or between single family and multifamily residential uses.

3. Demonstration of safety and/or security matters.

Fencing eight feet in height shall comply with the following conditions:

a. The proposed fence shall be reasonably compatible with respect to height from adjacent fences and shall transition consistently from one segment of fence to another.

b. The proposed fence shall be reasonably compatible with respect to materials from adjacent fences and shall propose materials and colors that are consistent and similar.

c. A building permit shall be obtained from the city and construction of fences and retaining walls must meet applicable requirements of the building codes.

H. Required Residential Open Space and Landscaping. All required landscaping shall be installed as a condition precedent to receiving a certificate of occupancy unless seasonal conditions make installation unfeasible, in which case the applicant shall provide cash security or its approved alternative for all landscaping, which landscaping shall be installed by the following May 31st.

1. Minimum Open Space. Active, improved open space is required to meet whichever of the two following standards requires the greatest amount of open space:

a. The applicant shall improve not less than twenty-five percent of the interior of the proposed development area as open space; or

b. The applicant shall improve as open space not less than twice as much of the site area as is utilized for surface parking, including the parking stalls, aisles and associated hardscape but not including required parking lot landscaping or private driveways. Surface parking includes any dedicated parking spaces and associated paved areas not located in the enclosed levels of a parking structure, underneath living spaces, in a structure attached to a single family attached or detached dwelling, in a detached garage on the same parcel as a single family attached or detached dwelling, or in a driveway for a single family attached or detached dwelling.

2. Maximum Open Space. Subsection (H)(1) of this section notwithstanding, no development shall be required to include more than forty percent open space.

3. Minimum Landscaped Area. The applicant shall landscape twenty percent of the interior of the proposed development area. The required open space may be landscaped to comply with this requirement. Landscaped areas shall not be less than five feet wide. Building foundation landscaping is not interior landscaping. The applicant must landscape a minimum of ten feet between the side yard and the abutting property line when the side or rear yards are in public view.

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

5. Landscaped Setback from a Public Right-of-Way. The minimum landscaped setback from the back of curb on a public right-of-way shall be thirty feet. No parking access shall be allowed through the landscape setback and no parking shall be adjacent to the required landscape setback. When the residential structure is located adjacent to or on a street where retail, office, or mixed-use structures are the dominant use, the setback shall be the same as that required for the dominant use on that block. Open, front entry elements such as porches, stoops, or verandas may encroach up to thirteen feet into the landscape setback provided all other provisions within this section are in conformance.

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

7. Plant Materials. Areas requiring landscaping shall be planted with substantial live plant material including: plants, shrubs, trees, sod, etc., for the purpose of buffering, screening, and improving the visual quality of the site.

a. Minimum Number of Trees. A minimum of one tree for every four hundred square feet of landscaping is required for all landscaped areas. Street trees may be included in calculations in order to meet this requirement.

b. Types of Vegetation. At least twenty-five percent of trees and shrubs must be evergreen. Up to twenty-five percent of the landscape area can include specialty paving, street furniture, and outdoor seating areas. Trees that are planted in the park strip shall meet the specifications described in the street tree selection guide of Midvale City.

c. Size of Trees. The following standards apply to the use of plant and tree material:

i. Deciduous Trees. All deciduous trees shall have a minimum caliper size of two inches.

ii. Ornamental Trees. All ornamental trees shall have a minimum caliper size of one and one-half inches.

iii. Evergreen Trees. All evergreen trees shall have a minimum height of six feet.

8. Existing, Incompatible Use Buffer Area. Residential developments shall be developed such that existing uses that are incompatible with the reasonable enjoyment of residential users for reasons of noise, dust, vibration or other nuisance impacts shall be buffered from that nuisance by way of distance, screening or other mitigation techniques and/or conditions as approved by the planning commission. The mitigating techniques and/or conditions shall be conditions of approval for the residential project.

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

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

3. Street-Accessed Garages. Only a maximum of fifty percent of street-accessed garages shall have garage doors facing the street with the balance being alternative side or rear-loaded and/or detached rear yard garages, etc., except that all opposing block faces shall duplicate the opposite side of the street; only front driveway block faces will face each other, only alley-loaded block faces will face each other. Each such alternatively loaded garage plan will constitute a distinct model for the purposes here.

4. Single Family Attached (Townhouse). The development of contiguous townhouses is limited to fifty units (i.e., in any single location) and in groupings no larger than eight units each. Any additional development over fifty townhouses may be developed so long as one-third of the total approved units are located on uncontiguous lots, a minimum of one hundred fifty feet or three lots apart in all directions and in groupings no larger than eight units each. Any townhouse development larger than eight units shall provide at least two different unit models. Each unit model shall have at least three characteristics that clearly distinguish it from the other townhouse models.

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

a. Materials. All single family detached, attached, or other multifamily residential units, including combinations that appear to be a single large house, shall include a substantial use of brick, cultured brick, natural or cultured stone, wood or synthetic wood products.

b. Base Materials. Each structure shall have a base or foundation with a minimum height of one-third the overall height of the structure. The base or foundation shall extend beyond the plane of the wall above it, creating a larger mass at the base of the building. The planning commission may allow for minor deviations to allow this base to terminate at visual breaks in the architecture, and the planning commission may approve alternative materials that are the qualitative equivalent of brick, cultured brick, natural or cultured stone.

c. Brick and Rock Pattern. Ledge stone, uncoursed ledge rock, random or coursed Ashlar Flemish bond, English bond, common bond, running bond or drystack patterns shall be used for finished brick, rock and stone work. Herringbone, basket weave, vertical stack, stack bond, uncoursed roughly squared, and other vertical, irregular, or diagonal masonry patterns or vertical, nonalternating bond courses may be used only as an accent. Other masonry patterns shall not be used on vertical surfaces except as expressly authorized by the planning commission.

d. Stucco. The use of stucco should be limited to architectural relief and shall not exceed twenty-five percent of a front elevation or fifty percent of any elevation. The planning commission may determine, on a case-by-case basis, that the architectural detail and excellence of a structure is such that the use of stucco in excess of this standard is warranted.

e. Prohibited Materials. Vinyl and aluminum siding products are prohibited as wall materials.

f. Color Scheme. The use of a single color scheme, minimal detailing, or blank (or largely blank) walls is not permitted. The use of exterior staircases is discouraged.

g. Building Massing. Buildings that are uniformly three stories or more must step the roof form or interrupt it with other roof elements. The building mass of the elevation can be reduced by off-setting dwelling units, and varying building setbacks and heights.

h. Openings. Not less than twenty-five percent of any front or rear building face shall be made up of window or door areas. Not less than fifteen percent of any side building face shall be made up of windows or door areas unless an adjacent building within twenty feet of that side face obscures the majority of that side face from public view.

i. Protruding Features. Bay windows and other architectural elements protruding from the facades may be clad in other materials.

j. Miscellaneous. Security devices shall have materials and colors that complement the building’s architecture and building materials. Accessory structures shall be architecturally compatible with the primary development. Satellite dishes should be placed on the roof of a building, should be wired for use during construction, and shall not be placed within the public view or on the first floor of any building.

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

a. Generally, for structures lower than forty feet high, gable or hip roofs are preferred for the primary roof form. The primary gable roof slope shall not be less than five to twelve and not less than six to twelve for single family or duplex residences.

b. Secondary roof structures such as porch roofs, roofs over bay extensions, bay windows, etc., may include other roof forms such as shed roofs, and hip roofs in combination with gable roofs. However, the secondary roofs shall be consistent or complementary with the primary roof form. Secondary roofs that slope should not be less than four to twelve. Flat roofs may be also appropriate for small areas.

3. Front Entry Feature. All dwelling units or residential buildings shall have an exterior entry that is a prominent, architectural focal point directing people into the unit or building. This feature shall relate to the architecture of the structure and may include porches, stoops, roofs, etc.

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

1. 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.

2. 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.

3. Installing separate utility meters or separate addresses for an IADU is prohibited.

4. Any additions to an existing building must comply with the development standards within this chapter.

5. An IADU must provide off-street parking as described within this chapter.

6. An IADU may not be constructed within a mobile home or manufactured home.

7. An IADU may not be constructed on a lot with a total square footage of six thousand or less.

8. 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:

a. A description of the primary dwelling;

b. A statement that the property contains an IADU; and

c. A statement that the IADU may only be used in accordance with this title.

9. An IADU may not be rented or leased for a period of less than thirty consecutive days.

10. Only one IADU is permitted on each property. (Ord. 2021-19 § 1 (Att. A); Ord. 2016-15 § 15 (Att. A); Ord. 2011-14 § 1 (Att. A); Ord. 8/7/2007O-10 § 1 (Exh. A))

17-7-9.12.2.6 Retail/office/flex and mixed-use lot and development standards.

The following standards apply to all new development in the retail/office/flex and mixed-use land use areas:

A. Lot Size. No minimum lot size.

B. Setbacks. New development shall comply with the setbacks listed below. All setbacks that incorporate linear trails and amenities as part of the overall trails master plan shall be provided with an easement for public use to be recorded against the property.

1. Front. The minimum front yard setback shall be fifty feet along Bingham Junction Boulevard and thirty feet along 7200 South 700 West, Junction View Drive, FLSmidth Drive, and other interior roads. This setback shall be improved in one of the two following ways:

a. A sidewalk and amenity zone of at least ten feet (five-foot sidewalk and five-foot amenity zone) in width to include:

i. Tree wells, street lighting and planter boxes per the adopted thematic elements;

ii. Street furniture, to include benches, trash cans and bollard lighting per the adopted thematic elements; or

b. An eight-foot-wide meandering concrete pedestrian path set no closer than five feet to the road and integrated into the overall landscaping for the area (to include a variety of rock and bark mulches) to include:

i. Street trees and street lighting per the adopted thematic elements;

ii. Street furniture to include benches, trash cans and bollard lighting per the adopted thematic elements.

c. Corner Lot Rule. Corner lots have two front yards and two side yards.

d. Projections. When integrated into a courtyard or plaza area, eaves, awnings and ornamental features may project into the front yard up to eight feet.

e. All roads north of the UTA Trax line shall utilize a landscaped setback in accordance with Section 17-7-9.12.2.8(A)(3).

2. Rear. The rear yard setback shall be of sufficient depth to allow proper parking and landscaped areas to the rear of the buildings. Unless otherwise approved as a conditional use by the planning commission, rear yards and the rear of buildings shall not abut a public street. On corner lots there is no rear yard. In the case of lots that abut the Jordan River, a sixty-five-foot landscaped setback along the Jordan River from the top of bank, or the one-hundred-year flood plain, whichever is greater, shall be provided. And in the case of lots that abut the light rail corridor, a thirty-foot landscape setback shall be provided. These setbacks shall be landscaped consistent with the adopted landscape plans for the river and linear park open space areas south of the Trax line and provided with an eight-foot-wide asphalt pedestrian path.

3. Side. There is no side yard setback for mixed-use, retail, office or flex development except as required by the International Building Code. In the case of lots that abut the Jordan River, a sixty-five-foot landscaped setback along the Jordan River from the top of bank, or the one-hundred-year flood plain, whichever is greater, shall be provided. And in the case of lots that abut the light rail corridor, a thirty-foot landscape setback shall be provided. These setbacks shall be landscaped consistent with the adopted landscape plans for the river and linear park open space areas south of the Trax line and provided with an eight-foot-wide asphalt pedestrian path.

4. Setback requirements notwithstanding, when a retail/office/flex or mixed-use structure is located within an area that is identified by the master plan as a predominately residential area, or when a structure is located adjacent to or on a street where residential structures are the dominant use, the setback shall be the same as that required for the dominant use on that block.

C. Build-To Line. The front setback line is the build-to line. All retail/office/flex and mixed-use structures located in Subareas 2, 3, and 5 shall address adjacent streets by being constructed at the front yard setback, which is the build-to line. At least fifty percent of the front elevation must be built at the build-to line on all interior lots and at least thirty percent of the front elevation must be built at the build-to line on all corner lots. Recessed plazas, courtyards and trellises are encouraged.

a. The applicant may increase the depth of the build-to line by up to fifteen feet if the variation is used to promote a pedestrian-oriented use, e.g., special landscaping, public plazas, outside seating for a restaurant, etc.

b. When a retail/office/flex or mixed-use structure is located within an area that is identified by the master plan as a predominately residential area, or when a structure is located adjacent to or on a street where residential structures are the dominant use, the build-to line shall be the same as that required for the dominant use on that block.

c. When one owner or lessee occupies more than one hundred twenty thousand square feet of interior tenant space on one contiguous parcel or site, exclusive parking for handicapped, visitor and/or visiting executives may be provided for between the right-of-way and the front building elevation so long as they are signed accordingly. The maximum number of visitor and/or visiting executive parking stalls allowed in this area will be calculated by multiplying the square footage of the building by 0.0166 percent. Handicap stalls required in this area to meet building code are allowed in addition to this number, and will not count against the number calculated above. In allowing parking within the front setback, the following must be provided to minimize the visual impact of the parking from the public way and continue to focus on the pedestrian nature of the area between the public way and the front entrance of the building:

i. The parking area shall be constructed using specialty paving (stamped and/or dyed concrete or pavers, etc.) and be designed to provide a visual link between the pedestrian way and the building entrance, identifying the area as primarily pedestrian in nature;

ii. Public plazas or building entry features shall be visually and physically extended into the parking area to provide for further enhancement of the pedestrian experience;

iii. The depth of the parking area shall be minimized to the greatest extent possible;

iv. The parking area cannot encroach into any portion of required public open space.

D. Height. The maximum height for the zone is seven stories. If a structure is constructed within fifty feet of a single family detached residential structure, the maximum height shall not be constructed in excess of one story higher than the nearest adjacent residential building.

E. Building Orientation and Scale. Retail/office/flex and mixed-use structures shall be oriented and scaled as follows:

1. Structures shall be serviced by a local street, an access road or drive, or an alley and shall not gain access from a collector or arterial street except as approved by the city engineer. Structures that front a courtyard, paseo, or common open space/recreation area are encouraged.

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

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

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

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

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

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

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

9. Gathering areas in central areas and between buildings shall be encouraged. These areas shall be designed, through landscaping, hardscape, outdoor furniture, and public art, among others, to create a conducive atmosphere for people to come together.

F. City-Wide Utility Infrastructure. Each project and each structure within each project shall include infrastructure that facilitates connection to Questar Gas, Rocky Mountain Power, Comcast Cable, UTOPIA, and Qwest Communications. This requirement may be waived if any of the aforementioned utilities decline, in writing, the opportunity to install or utilize the necessary infrastructure. The director of community and economic development and authorized designee may approve the waiver. (Ord. 2014-09 § 1 (Att. A); Ord. 2011-06 § 1 (Att. A); Ord. 8/25/2009O-13 § 1 (Exh. A); Ord. 8/7/2007O-10 § 1 (Exh. A))

17-7-9.12.2.7 Retail/office/flex and mixed-use architectural standards.

All new development must present an attractive, coordinated streetscape, incorporate architectural and site design elements appropriate to a pedestrian scale and provide for the safety and convenience of pedestrians. All new development shall comply with the following architectural standards:

A. Walls. No more than three materials shall be used for primary wall surfaces.

1. Materials. Exterior finishes shall be of traditional, time- and weather-tested techniques and shall include a substantial use of brick, cultured brick, natural or cultured stone, prairie stone, and/or wood or synthetic wood products. Glazing may be used as a primary exterior material when glazing is proposed as a major architectural design element or look for a project area consisting of at least two buildings and including all of the buildings that are separated by a major feature such as a linear park, collector street, or similar element that sets an area apart. Retaining and screening walls shall be of materials complementary to the building’s materials.

2. Stucco. The use of stucco, synthetic stucco and EIFS should be limited and shall not exceed fifty percent of any elevation. The planning commission may determine, on a case-by-case basis, that the architectural detail and excellence of a structure is such that the use of stucco in excess of this standard is warranted.

3. Other Architectural Materials/Finishes. Architectural precast concrete, architecturally treated concrete masonry units, and architectural metals should be used primarily to provide architectural detail and relief. Fiberglass and/or metal panels may be used in relatively small quantities. The planning commission may allow other materials and material quantities that it finds add to the architectural excellence of the structure and project.

4. Prohibited Materials. Vinyl and aluminum siding products are prohibited as wall materials.

5. Base Materials. Each structure shall have a base or foundation material of brick, cultured brick, natural or cultured stone. This base or foundation shall be a minimum height of one-third the overall height of the structure. The base or foundation shall extend beyond the plane of the wall above it, creating a larger mass at the base of the building. The planning commission may allow for minor deviations to allow this base to terminate at visual breaks in the architecture or when the one-third base height overshadows the rest of the building architecture, specifically in single-story structures. The planning commission may approve alternative materials that are the qualitative equivalent of brick, cultured brick, natural or cultured stone, provided the alternative material conveys a sense of quality and detail that lends itself to the overall building design, ages gracefully and requires little maintenance.

6. Brick and Rock Pattern. Ledge stone, uncoursed ledge rock, random or coursed Ashlar Flemish bond, English bond, common bond, running bond or drystack patterns shall be used for finished brick, rock and stone work. Herringbone, basket weave, vertical stack, stack bond, uncoursed roughly squared, and other vertical, irregular, or diagonal masonry patterns or vertical, nonalternating bond courses may be used only as an accent. Other masonry patterns shall not be used on vertical surfaces except as expressly authorized by the planning commission.

7. Color Scheme. Buildings shall use a cohesive palette of colors which complement nearby buildings. Without limiting the use of color, large areas of walls shall be subdued in color and not reflective. Intense colors should be used as accent only.

8. Design Consistency. All exposed sides of a building shall be designed with the same level of care, quality and integrity. Buildings should be attractive and visually engaging from all exposed sides.

B. Roofs. Roof lines and shapes shall be consistent with the design and structure of the building, and should be consistent with the roof lines of adjacent buildings. Roof forms should reflect the facade articulation and building massing, as opposed to a single-mass roof over an articulated facade.

1. Pitched Roofs. Where pitched roofs are used the following standards shall apply:

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

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

2. Parapets. Parapets shall be provided to articulate flat roofs and hide roof-mounted equipment. The following standards shall apply:

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

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

3. Rooftop mechanical equipment shall be hidden from view from the adjoining street with either a parapet or a penthouse. Penthouses shall utilize materials, colors and form similar to that of the building.

C. Fences, Hedges, and Walls. Fences, hedges and walls should be used on a limited basis, and only where determined necessary to screen or buffer the incompatible or unsightly elements of a project such as off-street loading areas and trash pickup areas, among others, or as required for specific athletic facilities. The following standards apply to new development of fences, hedges and walls:

1. Required Setbacks. A fence, hedge, wall, column, pier, post, or any similar structure or any combination of such structures is permitted in the required setback of a zone district if it meets the following conditions:

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

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

c. Reserved;

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

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

2. Height. No fence structures may exceed seven feet in height except as needed for screening purposes in accordance with subsection (I) of this section. Fence height shall be measured as follows:

a. In a required yard abutting a street, the total effective height above the finished grade measured on the side nearest the street;

b. In any other required yard, the total effective height above the finished grade measured on the side nearest the abutting property;

c. On a property line, measured from the finished grade of either side when the abutting property owners are in agreement; and

d. A temporary fence on a construction site may be as high as required to protect the property during the period of construction.

3. Athletic Facilities. Fencing around athletic facilities, including, without limitation, tennis courts, may be fourteen feet in height so long as all portions above six feet are constructed with at least fifty percent nonopaque materials.

4. Conformance with This Section. No person shall construct, alter, or maintain a fence, hedge, wall, column, pier, post, or any similar structure or any combination of such structures except in conformance with all of the requirements of this section.

D. Reserved.

E. Miscellaneous. Security devices shall have materials and colors that complement the building’s architecture and building materials. Accessory structures shall be architecturally compatible with the primary development. Satellite dishes shall not be placed in view from the front yards.

F. Exterior Structure. All exterior walls of all structures shall be constructed in compliance with the following:

1. Finishes. All buildings shall use one or more of the following durable materials as significant finish: architectural precast concrete, architecturally treated concrete masonry units, brick cladding, natural and cast stone, prairie stone, architectural metals, and glazing. Architectural site-cast concrete may be allowed if designed, articulated, and colored for a finished appearance on all buildings. At least fifty percent of all buildings visible from a major thoroughfare shall be composed of brick, stone, architecturally treated CMU, architectural precast concrete and/or glazing.

2. Quality. High standards for exterior materials, exterior building systems, and their application are expected. In particular, the design and application of EIFS or synthetic stucco are expected to be of a high enough quality to allow for crisp detailing and substantial relief. The wall area from finished grade to where the use of EIFS begins shall be clad by a hard, durable material such as brick, stone, architectural precast concrete, or architecturally treated concrete masonry units.

3. Form Variations. Buildings shall provide variation in the form of facades that adjoin streets. Street-facing facades shall make use of at least two of the following variations. Secondary facades shall make use of at least one of the following variations. Variations should result from significant dimensional changes in plane, color or detail as accomplished by such devices as:

a. Protruding bays or columns;

b. Recessed entries;

c. Upper level step-backs;

d. Arcades;

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

f. Changes in materials or color;

g. Bay windows;

h. Vestibules;

i. Porches;

j. Balconies;

k. Exterior shading devices;

l. Nonretractable canopies or awnings;

m. Projecting cornices;

n. Eaves; or

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

4. Window Treatments. Street-facing facades shall include at least two of the following window treatments with at least one window treatment per window. All other facades shall utilize at least one of the following window treatments per window. Treatments may include:

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

b. Windowsills;

c. Window grids;

d. Window trim;

e. Window headers;

f. Window railing;

g. Recessed windows;

h. Arcades; or

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

5. Architectural Treatments. Street-facing facades shall include at least two of the following architectural treatments. All other facades shall include at least one of the following architectural treatments. Treatments that add detail, character, and reduce the appearance of massive blank walls may include:

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

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

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

d. Decorative parapets;

e. Reveals;

f. Pilasters;

g. Architectural banding or belt courses;

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

i. Rounded design at street corners;

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

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

l. Any other treatment the planning commission may approve that meets the intent of this section. Primary public entry(s) shall be architecturally emphasized so that pedestrians can easily find them.

6. Storefronts. Awnings, canopies, arcades or other architectural features should be used to reduce glare on storefront glass and to shelter the pedestrians standing near the storefront. Cantilever awnings and canopies from the building face so as to keep sidewalks as clear and unobstructed as possible. The planning commission may permit limited use of supporting columns as part of a thematic design or corporate standard so long as the columns do not hinder pedestrian traffic or access.

7. Drive-Through Windows. Drive-through windows shall be located at the side or rear of buildings. While not desirable, a drive aisle may be located between the building and the street so long as its width is minimized, any pedestrian crossings of it are clearly delineated with special paving treatments, no parking spaces occur off of it and a low wall, railing with landscaping, or continuous hedge at least three feet high between stacked cars and the sidewalk.

8. Opaque (solid) storefront security closures (rolling doors, etc.) are not allowed.

9. Weather Protection. Weather protection features such as awnings, canopies, doors inset by at least three feet, or arcades shall be provided at all customer entrances.

10. Entryways. Each large retail building on a site shall have clearly defined, highly visible customer entrances featuring a combination of several elements such as:

a. Canopies, awnings or porticos;

b. Projecting eaves and cornices;

c. Recesses/projections of wall surfaces;

d. Arcades;

e. Raised parapets over the door;

f. Peaked roof forms;

g. Lighting features;

h. Entry plazas;

i. Display windows;

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

k. Integral planters or wing walls that incorporate landscaping;

l. Signs integrated with the building architecture.

11. Secondary Facades. Building facades that face the street but do not have pedestrian entries shall be composed of high quality materials such as brick or stone, and shall provide variety and interest in the facade through the introduction of such elements as pilasters, recessed or protruding bays, changes in materials and/or colors, building lighting elements, display windows with products or product graphics, transparent windows or clerestories, and well-designed signs and graphics.

G. Openings. The following standards apply to openings of all structures:

1. Entry Doors. Entry doors must be covered by a roof and must be a primary element of the front of the structure.

2. Windows. Bay windows shall have from three to five sides.

3. Corner Buildings. Special attention shall be given to corner buildings that are highly visible, that may serve as landmarks and provide a sense of enclosure at intersections. Special attention can be achieved by architecture, landscape, and public place.

4. Minimum Opening Area. Not less than twenty-five percent of any street-facing building facade shall be made up of window or door areas. Not less than fifteen percent of any other building face on a third or higher story shall be made up of windows, balconies or other opening areas unless an adjacent building within twenty feet of that side face obscures the majority of that side face from public view. The planning commission may allow for a reduction to the minimum opening requirement if the applicant can demonstrate the building floor plan(s) required by the use cannot effectively accommodate the requirement and other architectural elements are used to (a) create visually interesting facades, (b) avoid large areas of blank facades, and (c) provide a human scale and details. Uses that may qualify for this reduction may include warehouses and uses which lend themselves to a more residential character, i.e., residential care facilities and hotels/motels. This provision may also be applied to portions of buildings with three street frontages to accommodate kitchens, restrooms and other utility areas.

H. Reserved.

I. Screening. Trash collection and recycling areas, service areas, mechanical equipment and off-street loading areas shall be screened on all sides so that no portion of such areas is visible from major transportation thoroughfares and adjacent properties. Required screening may include new and existing plantings, walls, fences, screen panels, doors, topographic changes, buildings, horizontal separation, or any combination thereof.

1. For nonresidential and mixed-use structures, all roof-mounted mechanical and electrical equipment, communication antennas or dishes shall be screened from the view of a pedestrian at the far side of the adjoining right-of-way or one hundred feet from the front property line, whichever is less, or designed and/or located as part of the overall architectural design.

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

3. Refuse containers shall be screened from view on all sides. Screen walls and fences shall be one foot higher than the object to be screened. An opaque gate shall be included where required to complete screening.

4. Off-street loading areas and/or service areas shall be located to the side or rear of buildings. Where they are directly visible from streets and nearby residential buildings, they shall be screened by walls at least eight feet high, or densely and continuously massed landscaping that maintains its screening capabilities in the winter. Raised planters, berms or other landforms may also be used in conjunction with landscaping or walls. A combination of dense, continuous landscaping and walls may allow the use of lower walls, but no lower than four feet high from finished grade. (Ord. 2022-01 § 1 (Att. C); Ord. 2019-06 § 1 (Att. B); Ord. 2016-15 § 1 (Att. A); Ord. 2012-10 § 1 (Att. A); Ord. 8/7/2007O-10 § 1 (Exh. A))

17-7-9.12.2.8 Retail/office/flex and mixed-use landscaping.

The following landscaping standards apply to all new development in the retail/office/flex and mixed-use land use areas:

A. Required Landscaping. The applicant shall professionally landscape the lot, according to an approved landscape plan, as a condition precedent to receiving a certificate of occupancy for all commercial uses. The community development director shall evaluate landscape plans for all permitted uses. The planning commission shall evaluate landscape plans for conditional uses. Landscape plan approval is a condition precedent to issuance of a building permit for the parcel. All landscaping shall be in place prior to issuance of a certificate of occupancy, unless seasonal conditions make installation unfeasible, in which case the applicant shall provide cash security or its approved alternative for all landscaping yet to be completed, which landscaping shall be installed by the following May 31st.

1. Physical Connections. Each lot shall have a system of pedestrian walkways and sidewalks that provide connections between the building entrances, neighboring building entrances, sidewalks, parking areas, open space and public trails.

2. Minimum Landscaped Area. Thirteen percent of the interior area of each retail/office/flex or mixed-use lot shall be developed as landscaped setbacks, courtyards, plazas, open space or walkways. The interior area does not include the landscaped setback(s) from the edge of the public right(s)-of-way as described in subsection (A)(3) of this section.

3. Landscaped Setback from Edge of Public Right-of-Way. The landscaped setback from the edge of Bingham Junction Boulevard shall be fifty feet from the back of the curb; from 7200 South 700 West, Junction View Drive, FLSmidth Drive and other interior roads the landscaped setback shall be thirty feet. This setback shall not be in addition to the dedicated open space parcels along 7200 South identified as Parcels F, G, and I on the adopted Bingham Junction Open Space Exhibit. Courtyard or plaza areas may encroach into the front setback, provided they are integrated with the overall theme of the landscape setback (Figure 2). All setbacks that incorporate linear trails and amenities as part of the overall trails master plan shall be provided with an easement for public use to be recorded against the property.

4. Screening. Maintenance buildings, trash collection and recycling areas, storage and service areas, mechanical equipment and off-street loading areas shall not be permitted in the front setback of any building and shall be located behind the main building structure, or completely screened from public view.

5. Building Foundation Landscaping. The ground adjacent to the building foundation must be landscaped if it is visible from public vantage points.

6. Jordan River Landscaped Setback. The minimum landscaped setback from the Jordan River shall be no less than sixty-five feet from the top of bank or the one-hundred-year flood plain, whichever is greater. Integration of an eight-foot-wide asphalt pedestrian path running parallel to the river shall be provided within this setback. To provide public access to the Jordan River from the east, pedestrian pathways shall be provided either through or around the perimeter of the parcel being developed. All setbacks that incorporate linear trails and amenities as part of the overall trails master plan shall be provided with an easement for public use to be recorded against the property.

7. Residential Buffer. A landscaped buffer shall be required to separate residential uses from commercial and industrial uses as follows:

a. Single Family Detached Landscaped Buffer Area. The landscape buffer area must be a minimum of thirty feet wide to provide adequate screening, buffering, and separation of these uses from single family detached residential uses. The landscape treatment should use a combination of distance and low level screening to separate the uses to soften the visual impact of the commercial or industrial use. The thirty-foot buffer area may be shared between adjoining properties, upon adequate proof of reciprocal easements to preserve and maintain the buffer area. The landscaped buffer area shall include a minimum of one tree for every two hundred fifty square feet.

b. Medium and High Density Residential Buffer Area. When a medium or high density residential structure is located adjacent to a single-use commercial or industrial structure/use and an aspect of the commercial or industrial use has a negative visual impact (i.e., outdoor storage, loading bays, etc.) on the residential structure, the planning commission shall require the developer to create a screening plan for their approval that mitigates the visual impact(s) in question.

c. Fully Sight-Obscuring Fence. The planning commission may require complete visual separation from residential uses if it determines that complete screening is necessary to protect abutting uses, and the required landscaped buffer is not practical. Such fence must be a minimum of six feet high (up to eight feet if warranted and approved by the planning commission) and completely sight-obscuring. Fences may be of wood, metal, bricks, masonry or other permanent materials.

8. Plant Materials. Areas requiring landscaping shall be planted with substantial live plant material including: plants, shrubs, trees, sod, etc., for the purpose of buffering, screening, and improving the visual quality of the site.

a. Types of Vegetation. At least twenty-five percent of trees and shrubs must be evergreen. Up to twenty-five percent of the landscape area can include specialty paving, street furniture, and outdoor seating areas. Trees that are planted in the park strip shall meet the specifications described in the street tree selection guide of Midvale City.

b. Minimum Number of Trees. A minimum of one tree for every four hundred square feet of landscaping is required for all landscaped areas for which street tree requirements do not apply.

c. Size of Trees. The following standards apply to the use of plant and tree material:

i. Deciduous Trees. All deciduous trees shall have a minimum caliper size of two inches.

ii. Ornamental Trees. All ornamental trees shall have a minimum caliper size of one and one-half inches.

iii. Evergreen Trees. All evergreen trees shall have a minimum height of six feet.

9. See Section 17-7-9.5 for further landscaping standards.

(Ord. 2022-01 § 1 (Att. C); Ord. 2016-15 § 1 (Att. A); Ord. 2011-06 § 1 (Att. A); Ord. 8/7/2007O-10 § 1 (Exh. A))

17-7-9.12.2.9 Trails and open space.

A. Provide a continuous trail system throughout the Junction at Midvale project, connecting it to the Junction at Midvale open space and trail system, adjacent projects, regional trails and bikeways serving the site such as the Jordan River. Sidewalks may be considered as trail linkages if pedestrians and bicyclists are separated and the dual-use sidewalk has at least a clear width of eight feet.

B. Public access shall be provided to all open space, directly from the public street/sidewalk system or through off-street pedestrian and/or bicycle paths. Trailheads, including seating, trash receptacles, and associated parking, shall be provided as appropriate and necessary. (Ord. 8/7/2007O-10 § 1 (Exh. A))

17-7-9.12.2.10 Streets and alleys.

A. All local streets, whether public or private, shall provide a detached sidewalk at least five feet wide, a planting strip between the sidewalk and the back of curb at least eight feet wide and street trees. The tree requirement shall be calculated at one tree per forty feet of frontage, either grouped or spaced at reasonable intervals, where allowed by the institutional controls.

B. The number and width of curb cuts shall be minimized on residential and commercial streets so as to reduce the number of conflicts between vehicles and pedestrians. Driveways to individual residential garages shall not be wider than sixteen feet at property line, and should not be closer than twenty-five feet apart. Driveways providing access to single family attached units shall be separated by a minimum landscaped area of five feet in width.

C. Where a local or collector street is bordered by ground floor commercial uses with shop fronts oriented to the street, the planting strip may be replaced by at least a five-foot-wide hard surface amenity zone with street trees in grates or cut-outs where allowed by the institutional controls. Other street furniture such as wastebaskets, bicycle racks, pedestrian lights, and newspaper boxes may be located within this amenity zone. The sidewalk should be wide enough to provide at least five feet of width for a walking zone and at least a five-foot-wide zone next to the shop fronts for window shopping, sidewalk cafes, and the temporary display of goods.

D. Local and collector streets shall be designed to accommodate the minimum widths for travel lanes and on-street parking lanes.

E. Parallel on-street parking should be encouraged on all local and collector streets, both public and private. Diagonal and head-in parking off of local or collector streets shall be used only in commercial or mixed-use areas, not in residential areas. Internal drive and access ways for multi-family residential projects are exempt from this requirement.

F. Surface parking areas shall be screened by low perimeter landscaping, walls or railings to minimize the impact of vehicles and headlights onto adjoining residential structures and streets.

G. Pedestrians shall be buffered from the travel lane next to the curb by at least an eight-foot planting strip with street trees no more than forty feet on center apart where allowed by the institutional controls, or by at least a five-foot amenity zone between back of curb and walking zone with street trees in grates or planted cut-outs. Where feasible, on-street parallel parking is also encouraged to provide additional buffering to the pedestrian environment, and pedestrian activity on the street. (Ord. 8/7/2007O-10 § 1 (Exh. A))

17-7-9.12.2.11 Parking standards.

In addition to those standards found in Section 17-7-9.6 of the Bingham Junction zone, the following standards shall apply to the creation of surface and/or structured parking lots and areas:

A. Front Setbacks. No parking shall occur within the front setback of any building.

1. Exceptions. The following exceptions apply to the prohibition of parking within a front setback.

a. When a single family attached or detached structure is located on a local street and is set back at least eighteen feet from the property line, a private driveway may be used for off-street parking.

b. When one owner or lessee occupies more than one hundred twenty thousand square feet of interior tenant space on one contiguous parcel or site, exclusive parking for handicapped, visitor and/or visiting executives may be provided for between the right-of-way and the front building elevation so long as they are signed accordingly. The maximum number of visitor and/or visiting executive parking stalls allowed in this area will be calculated by multiplying the square footage of the building by 0.0166 percent. Handicap stalls required in this area to meet building code are allowed in addition to this number, and will not count against the number calculated above. In allowing parking within the front setback, the following must be provided to minimize the visual impact of the parking from the public way and continue to focus on the pedestrian nature of the area between the public way and the front entrance of the building:

ii. Public plazas or building entry features shall be visually and physically extended into the parking area to provide for further enhancement of the pedestrian experience;

iii. The depth of the parking area shall be minimized to the greatest extent possible;

iv. The parking area cannot encroach into any portion of required public open space.

B. On-Street Parking. Parallel parking spaces on designated public and private streets may be used to meet the guest parking needs of residential and commercial uses. The city engineer will designate streets available for parking based on the width of the traveled surface, traffic demand, best engineering practices and adopted fire codes.

C. Parking Garages and Structures. Parking garages and structures shall meet the following standards:

1. Unless otherwise stated, all parking areas shall meet the requirements found in Section 17-7-9.6.

2. Parking structures shall include pedestrian walkways and connections to the sidewalk system. These shall be clearly marked and continuous in design.

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

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

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

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

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

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

3. The Junction at Midvale zoning ordinance is intended, among others, to encourage the use of parking structures and discourage the use of surface parking. Therefore, the planning commission may waive one or all of the foregoing requirements if a competent architect can demonstrate that the requirement in question is not feasible and when the architect has utilized other architectural methods to blend the structure with neighboring structures and screen the visual impacts of the structure.

D. Medium and High Density Residential Use Parking Standards. Parking for new medium and high density residential uses shall comply with the following:

1. Surfacing. Parking areas and driveways must be hard-surfaced with asphalt, concrete or a comparable material approved by the city engineer; maintained in good condition; and clear of obstructions at all times.

2. Parking Requirements. The required number of off-street parking spaces available within a medium or high density residential project is dependent on the proximity of the project to a major transit facility. The parking requirements are as follows:

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

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

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

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

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

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

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

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

3. Parking Space Dimensions. All new medium and high density residential 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. Up to sixty percent of the total parking spaces must be at least eight and one-half feet wide by eighteen feet long, however, the remaining parking spaces must be at least nine feet wide by eighteen feet long;

b. ADA parking space width requirements vary and shall be consistent with current building code standards; and

c. Compact spaces and motorcycle spaces may be included in a project but will not count toward the parking requirement.

4. 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 dwelling shall provide a minimum twenty-foot transition area at no greater than a two percent slope beginning at the back of the curb, or as otherwise approved by the city engineer, in anticipation of future street improvements; and

f. The maximum stormwater discharge level accepted by the city is two-tenths of a cubic foot per second per acre.

5. Street Access and Circulation. New medium and high density 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. Corners. No landscape obstruction is allowed in excess of two feet in height above street grade within the sight distance triangle. A reasonable number of trees with lower branches pruned to six feet to permit automobile drivers and pedestrians an unobstructed view of the intersection may be allowed by administrative permit.

c. Driveway Access. For corners, the triangular area is defined by the intersection of the road right-of-way, the line extending from the point of curve at the top back of curb, and a line connecting them at points twenty-five feet from their intersection.

d. Aisle. A minimum aisle width of twenty-four feet is required.

e. Common Driveways. To encourage the location of parking in the rear yard and/or below grade, the city allows common driveways along shared side yards to provide access to parking if the owner restricts the deeds to both properties to preserve the shared drive in perpetuity.

6. 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. 2022-09 § 1 (Att. G); Ord. 2014-09 § 1 (Att. A); Ord. 8/25/2009O-13 § 1 (Exh. A); Ord. 2/17/2009O-5 § 1; Ord. 8/7/2007O-10 § 1 (Exh. A))

17-7-9.12.2.12 Live/work units.

Live/work units are residential townhouse dwellings designed so that the first floor may be used either as living space or as commercial/retail space, as the owner chooses. Live/work units are regulated as follows:

A. A live/work unit may be located only in mixed-use areas or on the fringes of residential areas within two hundred fifty feet of an entrance to the development from an arterial or collector street;

B. Live/work units shall not exceed twenty percent of the units in an MPD and shall be designated as live/work units on the final plat;

C. Vehicular access to live/work units/areas must be planned in a way that mitigates the impacts from additional commercial traffic to neighboring residential-only units;

D. In addition to the parking spaces required by the residential needs, live/work units must have an additional two parking spaces adjacent to and dedicated for the commercial portion of the occupancy. Parking may be shared when five or more live/work units are adjacent to each other but no less than one and one-half parking spaces per unit must be provided. Parking may also be shared with primarily retail/office/flex uses at the discretion of the planning commission;

E. Commercial uses shall be limited to the ground floor of the live/work unit;

F. Live/work units shall not include outdoor storage, outdoor display of merchandise, nor parking/storage of any vehicle in excess of twelve thousand pounds gross vehicle weight;

G. Live/work units shall not include identifying signage in excess of a four-square-foot name plate attached to the dwelling;

H. Live/work units are limited to the on-site employment of immediate family who occupy the dwelling and up to one employee that does not occupy the dwelling (this criteria is not intended to limit the number of employees who are engaged in business but conduct all work activities off-premises);

I. Live/work dwellings shall be designed to reflect their status as primarily residential units;

J. Live/work units shall not cause a demand for municipal services in excess of that associated with normal residential use;

K. Live/work units shall be enclosed within a structure in complete conformity with current building, fire, electrical and plumbing codes; and

L. Live/work units are limited to professional office, nonindustrial artistic, architectural/engineering office, real estate office, mail/Internet supply offices and other similar uses. Retail uses are prohibited except that architectural, artistic, engineering, drafting, and similar on-premises products may be displayed and sold by appointment only. Other prohibited uses include animal-related uses, auto-related uses, medical offices, sexually oriented businesses, and any use prohibited in the applicable zoning district. (Ord. 8/7/2007O-10 § 1 (Exh. A))

17-7-9.12.2.13 Thematic elements.

A. Thematic Elements Required. Each development must contain elements that tie the development together with an overall theme or themes. Developers shall utilize public spaces, open spaces, the relationships between buildings, scale and architecture of the buildings, public art and statuary, trail systems, plazas, pedestrian crossings, lighting or lighting fixtures, benches, trash receptacles, bicycle storage, other site furnishings, way-finding markers and other community signage, landscaping, trees and other plantings to create a sense of place that unifies the site by creating a distinct identity. The theme should, to the greatest extent possible, be compatible with the look and feel of other developments created under this chapter. Locations for mail delivery, bus stops and other informal gathering places should receive special attention when providing elements that unify the development.

B. Planning Commission Evaluation. The planning commission shall evaluate the thematic ties within a development plan during the large-scale master planned development phase of the approval process. The planning commission may withhold approval of the large-scale master plan approval if they feel that the unifying elements within the development are inadequate to meet the intent of this chapter until an acceptable theme can be approved. Developments that have already been granted large-scale master plan approval by the planning commission as of the date of adoption of the ordinance codified in this chapter shall be evaluated for compliance with this section by the department of community and economic development staff.

C. Final Site Plan Approval. The developer shall include these elements in the landscaping plans, development layout and other plans included in the site plan packages for small-scale master plan approval. The planning staff shall evaluate each final site plan for compliance with the unifying elements as approved by the planning commission. (Ord. 8/7/2007O-10 § 1 (Exh. A))

17-7-9.12.2.14 Related provisions.

Related provisions include:

Title 5, Licensing;

Title 16, Subdivisions;

Chapter 17-2, Definitions;

Chapter 17-3, Administration and Enforcement;

Section 17-7-9.5, Common development standards. (Ord. 8/7/2007O-10 § 1 (Exh. A))