A. Interpretation. For the purpose of this title, certain numbers, abbreviations, terms, and words shall be used, interpreted, and defined as set forth herein. Words not defined herein shall have a meaning consistent with Webster’s New Collegiate Dictionary, latest edition. Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the plural number include the singular; the word “herein” means “in these regulations”; the word “regulations” means “these regulations”; “used” or “occupied” as applied to any land or building shall be construed to include the words “intended, arranged, or designed to be used or occupied.”

B. Rules for Generic Definitions.

“Abandoned sign” means a sign structure which no longer identifies or advertises a bona fide business, lessor, service, owner, product, or activity, or for which no legal owner can be found. Within one year after vacation of a tenant or change of ownership in an existing business, all on-site nonconforming signs must be removed or brought into compliance by the property owner. Nonconforming off-premises signs lacking advertising for a period of one year shall also be considered abandoned. If removal does not occur voluntarily, Midvale City may remove the entire nonconforming sign, both face and structure, and all costs incurred shall be the responsibility of the property owner. Once determined abandoned and nonconforming, such signs shall not regain any legal nonconforming status later, even if the original business reoccupies the property.

“Above-canopy sign” means a sign which is mounted entirely above the front fascia of a canopy and oriented parallel to the building wall surface.

“Access” means vehicular and/or pedestrian ingress and egress to structures, facilities or property.

“Access, secondary” means an access point to property that does not qualify as legal or required access, but is intended as an additional means of vehicular access. Secondary access is not intended for general traffic circulation.

Accessory Structure, Unoccupied. See “Unoccupied accessory structure.”

Accessory Dwelling Unit, External. See “External accessory dwelling unit.”

Accessory Dwelling Unit, Internal. See “Internal accessory dwelling unit.”

“Accessory use” means a land use that is customarily incidental and subordinate to the primary land use on a lot.

“Active building permit” means any building permit that has not expired.

“Administrative conditional use permit” means a permit issued by the community and economic development department for a specified use upon proof of compliance with certain objective criteria.

“Administrative lot line adjustment” means the relocation of the property line between two adjoining lots with the consent of the owners of record which can be processed by the community and economic development department.

“Affected entity” means the same as that term is defined in Section 10-9a-103 of the Utah Code Annotated, as amended.

“Affordable housing” means a dwelling unit, occupied or reserved for occupancy by households with a gross household income equal to or less than eighty percent of the median gross income of Salt Lake County households.

“A-frame sign” means a sign constructed with two sides attached at the top so as to allow the sign to stand in an upright position. Usually temporary and/or moveable.

Agent, owner’s. See “Owner’s agent.”

“Agriculture” means use of land for primarily farming and related purposes such as pastures, farms, dairies, horticulture, animal husbandry, and crop production, but not the keeping or raising of domestic pets, nor any agricultural industry or business such as fruit packing plants, fur farms, animal hospitals or similar uses.

“Allowed use” means a land use that is permitted in a specific zone without the necessity of any conditional use or other special use permit. Allowed uses are subject to review in accordance with Section 17-3-3 and may require business licenses and/or building permits and associated zoning approvals in accordance with the relevant sections of Midvale Municipal Code.

Alteration, building. See “Building alteration.”

“Amusement house” means any house, building, premises or any other structure or portion thereof, whether temporary or permanent, designed for the purposes of amusement, entertainment or fright that:

An “amusement house” use can be for either profit or nonprofit. An “amusement house” use is allowed in zones allowing an “entertainment center” use, and in residential zones if it is part of a community event within a public facility or church.

“Animal clinic/hospital” means a place where animals are given medical care and the boarding of animals is limited to short-term care incidental to hospital use. Use does not include outside boarding of animals.

“Animated sign” means a sign which includes motion or rotation of any part by mechanical or artificial means, or subdued color changes.

“Antenna” means a transmitting or receiving device used in telecommunications that radiates or captures radio, television, or similar communication signals.

Antenna, freestanding. See “Freestanding antenna.”

Antenna, roof-mounted. See “Roof-mounted antenna.”

Antenna, temporary. See “Temporary antenna.”

Antenna, wall-mounted. See “Wall-mounted antenna.”

Antenna, whip. See “Whip antenna.”

“Apartment” means a dwelling unit within a multi-unit dwelling with exclusive living, cooking, sleeping and bathroom areas.

“Apiary” means the assembly of one or more colonies of bees at a single location.

“Appeals and variance hearing officer” means an independent contractor appointed by the city to fill the position of an appeal authority with the powers and duties as designated by Chapter 17-5.

“Appeal authority” means the person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance.

“Applicant” means the owner of the property that is the subject of the application, or the owner’s agent.

“Application” means a written request for development approval including, but not limited to, an alteration or revision to an approved master planned development, conditional use permit, zoning or rezoning, subdivision, or annexation. The term “application” shall not include any building permits associated with construction within an approved subdivision or on an existing platted lot unless otherwise specified.

“Architectural detail” means physical features or components of a building or structure.

Architecture, step back. See “Step back architecture.”

“Arterial street” means a street which serves or is designed to serve a high volume of traffic, such as 7200 South Street, and which provides for traffic movements between communities and/or other heavy traffic generating areas.

“Assembly hall” means a hall where many people can congregate.

“Assembly use” means a business where finished parts are put together to develop a final product. These uses include computer and electronic assembly, and similar uses, but do not include vehicle or manufacturing type uses.

“Assisted living facility” means a residential facility where several individuals live independently and are provided various levels of physical care depending on need. Generally for senior adults, but may be for other physically disabled persons. Not for persons who cannot function normally on an independent basis.

“Athletic, tennis, health club” means an establishment that provides for aerobic exercises, running and jogging, exercise equipment, game courts, swimming facilities, and saunas, showers and lockers.

“Attached building” means a building connected on one or more sides to an adjacent building by a common party wall with a separate exterior entrance for each building.

“Auditorium” means a large room to accommodate an audience in a building such as a school or theater. “Auditorium” also includes a large building for public meetings or performances.

Avenues Neighborhood. The “Avenues neighborhood” is bounded by I-15 to the east, Bingham Junction to the west, Center Street to the south, and Ninth Avenue to the north.

“Average foot candle (AFC)” means the level of light measured at an average point of illumination between the brightest and darkest areas, at the ground surface or four to five feet above the ground surface.

Awning. See “Canopy.”

Awning sign. See “Canopy sign.” (Ord. 2021-19 § 1 (Att. A); Ord. 2021-17 § 1 (Att. A); Ord. 2019-03 § 1 (Att. B); Ord. 2017-14 § 1; Ord. 2015-01 § 1 (Att. C); Ord. 2012-09 § 2 (Att. B); Ord. 6/16/2009O-10 § 3; Ord. 1/20/2009O-3 § 1; Ord. 7/11/2006O-9 § 1; Ord. 8/10/2004O-25 § 1(6); Ord. 12-11-2001C § 2)

“Back loaded garage” means a parking structure designed for access from an approved alley way rather than from a street.

“Balcony” means a platform that projects from the wall of a building and is enclosed by a railing, parapet or balustrade.

“Balloon sign” means a temporary advertisement supported by a balloon anchored to the premises where the advertised use is conducted, product or commodity sold, service performed, or business name located; the balloon itself when size exceeds three feet in any direction; or balloon sculptures made of individual balloons when the overall size exceeds three feet in any direction.

“Banner portion” means the portion of a flag lot which forms the area upon which the primary structure will be constructed, but excludes the access portion of the lot. The access portion of a flag lot terminates at the rear yard line of the adjoining frontage lot.

“Banner sign” means a sign made of fabric or any non-rigid material with no enclosing framework. A type of temporary sign.

“Bar” means a business that primarily sells alcoholic beverages for consumption on the premises; includes private clubs.

“Barbed wire” means twisted strands of fence wire with barbs located at regular intervals.

“Basement” means any floor level below the first story in a building. Those floor levels in buildings having only one floor level shall be classified as a basement, unless that floor level qualifies as a first story as defined herein.

“Bed and breakfast inn” means a business, located in a dwelling, in which two or more bedrooms are rented nightly or weekly, and where one or more meals are provided to the guests only, the price of which is usually included in the room rate.

“Bedroom” means a separate room designed for or used as a sleeping room.

“Beekeeper” means a person who owns or has charge of one or more colonies of bees.

“Beekeeping equipment” means anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors.

“Billboard sign” means an off-premises sign.

“Blank wall” means a wall of a building faced with a single material of uniform texture and color on a single plane with less than thirty percent of the surface of the wall as openings or windows.

“Blighted condition” means the presence of a substantial number of dilapidated or deteriorated structures; faulty lot layout in relation to size, adequacy, or accessibility; unsanitary or unsafe conditions; mixed character of incompatible uses; excessive and uncorrected deterioration of site or other improvements; economic deterioration or continued disuse (vacancy); tax or special assessment delinquency exceeding the fair value of the land; defective or unusual conditions of title; or the existence of conditions which endanger life or property by fire and other causes; or the existence of conditions which retard the provision of housing accommodations for low or moderate income families, or is a menace to the public health and safety in its present condition and use.

“Block” means a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or city boundary lines, as shown on an official plat.

Bond, landscape. See “Landscape bond.”

Bond, public improvement. See “Public improvement bond.”

“Bubbler” means an irrigation head that delivers water to the root zone by “flooding” the planted area, usually measured in gallons per minute. Bubblers exhibit a trickle, umbrella or short stream pattern.

“Building” means any structure, or any part thereof, built or used for the support, shelter, or enclosure of any use or occupancy by persons, animals, or chattel.

Building, attached. See “Attached building.”

Building, detached. See “Detached building.”

Building, principal. See “Principal building.”

Building, public. See “Public building.”

“Building alteration” means any act or process that changes the architectural detail of a building, including but not limited to the erection, construction, reconstruction or removal of any building.

“Building area” means the portion of a lot that is within the envelope formed by the required yards or setbacks, within which a structure can be located.

“Building code” is Title 15 of the city of Midvale Municipal Code.

“Building coverage” means the maximum horizontal area within the outer perimeter of the building walls, dividers, or columns at ground level or above, whichever is the greater area, including, without limitation, courts and exterior stairways, but excluding:

“Building envelope” means the building pad, building footprint, and height restrictions, which define the maximum building area in which all development must occur.

“Building facade” means the exterior of a building located above ground and generally visible from public points of view.

“Building footprint” means the total area of the foundation of the structure, or the furthest exterior wall of the structure projected to natural grade, not including stairs, patios, and decks.

“Building height” means the vertical distance from the lowest existing grade point within the building footprint to the highest point of the roof.

“Build-to line” means setback distances that are required maximums, bringing structures adjacent to streets and sidewalks in order to encourage pedestrian activity.

“Business” means any activity carried on for the purpose of gain or economic profit. The acts of employees rendering service to employers are not included in the term “business” unless otherwise specifically prescribed. “Business” includes but is not limited to, the sale or rental of tangible personal or real property, the manufacturing of goods or property and the rendering of personal services for others for consideration by persons engaged in any profession, trade, craft, occupation, nonprofit organization or other calling.

Business, new. See “New business.” (Ord. 2024-26 § 1 (Att. A); Ord. 2012-09 § 2 (Att. B); Ord. 6/16/2009O-10 § 3; Ord. 1/06/2009O-2 § 1; Ord. 7/11/2006O-9 § 1; Ord. 6/20/2006O-8 § 1; Ord. 10/28/2003O-11 § 1(8); Ord. 12/03/2002A § 1; Ord. 12-11-2001C § 2)

“Cafe” means a coffeehouse or small restaurant where drinks and snacks are sold.

“Campaign sign” means a temporary sign used by candidates running for political and elected offices in the city.

“Camping” means the temporary establishment of living facilities such as tents, RVs, travel trailers, recreational coaches, or any other temporary living or dwelling for any period of time. Camping on public property, including streets, parks and publicly owned lots, is prohibited. Camping on private property is prohibited except as allowed in this title.

“Cannabis production establishment” means the same as that term is defined and amended in Section 4-41a-102 of the Utah Code Annotated.

“Canopy” means a roof or awning constructed of nonrigid materials on a supporting framework, architectural metal, or other material and extending outward from a building to provide a protective shield for doors, windows, or other openings with supports extended to the ground directly under the canopy or cantilevered from the building.

“Canopy sign” means a sign affixed or applied to the exterior facing surface or surfaces of a canopy.

“Capital improvements program” means a proposed schedule and description of all proposed public works projects, listed in order of construction priority, together with cost estimates and the anticipated means of financing each project.

“Carport” means a private garage not completely enclosed by walls or doors.

“Car wash” means a facility used to clean the exterior, and sometimes the interior, of automobiles.

“Cemetery” means property used for the interring of the dead.

“Central Midvale neighborhood” is the neighborhood bounded by the State Street corridor to the east, I-15 to the west, Center Street to the north, and Wasatch Avenue to the south.

“Changeable copy sign (automatic)” means a sign on which the copy changes automatically on a lamp bank or through mechanical means, e.g., electrical or electronic time and temperature units.

“Changeable copy sign (manual)” means a sign on which copy is changed manually in the field, e.g., reader boards with changeable letters.

“Channel letter sign” means a sign consisting of fabricated three-dimensional letters mounted individually on a wall surface.

“Check cashing” means cashing a check for consideration or extending a deferred deposit loan and shall include any other similar types of businesses licensed by the state pursuant to the Check Cashing Registration Act. No check cashing or deferred deposit loan business shall be located within six hundred feet of any other check cashing business. Distance requirements defined in this section shall be measured in a straight line, without regard to intervening structures or zoning districts, from the entry door of each business. One check cashing or deferred deposit loan business shall be allowed for every ten thousand citizens living in Midvale City. The term “check cashing” shall not include fully automated stand-alone services located inside of an existing building, so long as the automated service incorporates no signage in the windows or outside of the building.

“Child care” means the provision, day or night, of supplemental parental care, instruction and supervision for a nonrelated child or children, on a regular basis, and for less than twenty-four hours a day. The term does not include babysitting services on a casual, non-recurring nature or in the child’s own home nor cooperative, reciprocative child care by a group of parents in their respective domiciles.

“Child care center” means the provision of child care for six or fewer children, including the provider’s children who are under the age of eighteen, within a dwelling unit.

“Child care facility” means the provision of child care for seven or more children including the provider’s children who are under the age of eighteen.

“Christmas tree sales” is defined as the sale of Christmas trees and related seasonal merchandise from a temporary location.

Clear view area. See “Sight distance triangle.”

Club, private. See “Private club.”

“Collector street” means a street which serves or is designed to serve moderate flows of traffic, such as 700 West Street, that collects from local streets and other collector streets and connects with arterial streets.

“Colocation” means the location of a telecommunication facility on an existing structure, tower, or building in a manner that precludes the need for that telecommunications facility to be located on a freestanding structure of its own.

“Colony” or “hive” means an aggregate of bees consisting principally of workers, but having, when perfect, one queen and at times many drones, including brood, combs, honey and the receptacle inhabited by the bees.

“Commercial convenience store” means those commercial establishments known as convenience stores, food marts, or c-stores and includes any retail establishment characterized by a rapid turnover of customers and high traffic generation, offering for sale a relatively limited line of prepackaged food products and snacks, household items, newspapers and magazines, and sandwiches and other freshly prepared foods, such as salads, for off-site consumption. Commercial convenience store does not include those uses classified as vehicle filling stations, vehicle-related uses, or twenty-four-hour uses.

“Commercial kennel” means a shelter for or a place where over three dogs or cats are bred, boarded, or trained for monetary gain.

“Commercial mixed-use” means development which incorporates a mix of uses, including retail commercial, and/or offices and residential.

“Commercial nursery” means a business where young plants or trees are raised for experimental horticultural purposes, for transplanting, or for sale.

“Commercial parking lot” means a parking lot or structure primarily used for parking motor vehicles for a fee, for a use that is not located on site, or for intermodal transfer facilities such as park and ride lots or transit stations. A vehicle may not be parked in a commercial parking lot for more than a total of twenty-four hours if the vehicle is inoperable, disassembled, dismantled, or in a state of disrepair.

“Commercial recreation facilities” means recreation facilities operated as a business on private or public property and open to the public for a fee.

“Commercial repair services” means repair of products, not to include vehicles or heavy equipment. These uses include consumer repair services for individuals and households for items such as household appliances, musical instruments, cameras, household electronic equipment, and similar uses. Any other uses specifically listed within each particular zoning district shall not be construed as falling within this generic definition.

“Commercial use” means an occupation, employment, or enterprise that is carried on to facilitate an exchange of goods, services or ideas.

“Common area” means facilities, open space and yards under common ownership, identified within projects, for the use and enjoyment of the residents.

“Common ownership” means ownership of the same property by different persons.

“Community council” means a neighborhood-based organization created for the purpose of providing citizen input regarding planning and development issues, and other relevant city business and decisions. Officially recognized community councils of the city include the Union community council and the Midvale community council.

“Compatible” means when the characteristics of new development or a change in use integrate with, relate to, and/or enhance the context of a surrounding area or neighborhood. Elements affecting compatibility include, but are not limited to, height, scale, mass and bulk of buildings, pedestrian and vehicular circulation, parking, landscaping and architecture, topography, environmentally sensitive areas, and building patterns.

“Complete application” means a submission which includes all information requested on the appropriate form and full payment of all applicable fees.

“Comprehensive mental health treatment” means a facility used to treat people with mental illnesses of all ages and genders in a comprehensive manner.

“Conditional use” means a land use that, because of its unique characteristics or potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not be compatible in some areas of a zone district, or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts.

“Condominium” means any structure or parcel that has been submitted to fractionalize ownership under the provisions of the Utah Condominium Ownership Act.

“Conservation activity” means a process to restore, enhance, protect, and sustain the quality and quantity of ecosystems and natural resources.

“Constitutional taking” means final action by the city to physically take or exact private real property that requires compensation to the owner because of the mandates of the Fifth or Fourteenth Amendments to the Constitution of the United States, or Article I, Section 22, of the Utah Constitution.

“Construction activity” means all excavation, construction, mining, or other development activity which disturbs or changes the natural vegetation, grade, or any existing structure, or the act of adding an addition to an existing structure, or the erection of a new principal or accessory structure on a lot or property.

“Construction mitigation plan” means a written description of the method by which an owner will ameliorate the adverse impacts of construction activity to the surrounding area and/or neighborhood.

“Construction plan” means the map and drawings showing the specific location and design of the development.

“Construction sign” means a sign identifying an existing or proposed development project which may contain the name of the project, name and address of construction firms, architect, engineers, developers, etc.

“Coop” means a freestanding building for the sheltering of fowl.

“Copperview neighborhood” is the neighborhood bounded by the State Street corridor to the east, I-15 to the west, Midvale City boundary to the south, and Wasatch Avenue to the north.

“Corner lot” means a lot situated at the intersection of two streets, the interior angle of such intersection does not exceed one hundred thirty-five degrees.

“Cornice” means a horizontal molding projecting along the top of a wall or building.

“Council” means members of the city council of Midvale.

“County” is the unincorporated area of Salt Lake County.

Cover, site. See “Site cover.”

“CPTED (Crime Prevention Through Environmental Design)” means guiding design principles for creating safer built environments, incorporating natural surveillance, natural access control, territorial enforcement, management and maintenance. Such principles are published by the National Crime Prevention Council in the CPTED Handbook on file in the office of community and economic development.

“Cul-de-sac” means a dead end street with an area for the safe and convenient reversal of traffic.

“Cutoff-type luminaire” means a luminaire with shields, reflectors, refractors, or other such elements that direct and cut off emitted light at an angle less than ninety degrees. (Ord. 2024-08 § 1 (Att. A); Ord. 2024-02 § 3 (Exh. A); Ord. 2020-02 § 1 (Att. A); Ord. 9/22/2009O-15 § 1 (Att. A); Ord. 6/16/2009O-10 § 3; Ord. 5/5/2009O-8 § 1 (Att. A); Ord. 8/22/2006O-14 § 1; Ord. 7/11/2006O-9 § 1; Ord. 3/07/2006O-1 § 1; Ord. 8/10/2004O-25 § 1(6); Ord. 12-11-2001C § 2)

“Data center/data storage” means a place housing a large group of networked computer servers typically used by organizations for the remote storage, processing, or distribution of large amounts of data.

“Dead end street” means a street with a single ingress/egress.

“Deferred deposit loan” means a transaction where:

“Deli” means a shop selling delicatessen (as salads or cooked meats).

“Density” means the number of persons or dwelling units per acre of gross area.

Design, site plan. See “Site plan design.”

“Design, subdivision” means the alignment, grade and width for easements and rights-of-way for utilities; the final grade or contouring and general layout of lots and streets within the area; location of land to be dedicated for park or recreational purposes; and such specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to ensure conformity to or implementation of applicable general or specific plans.

“Detached building” means any building separated from another building on the same lot or parcel.

“Developer” means the successful applicant for any development.

“Development” means the change of use of a property, the change of use of a structure, or the act, process, or result of erecting, placing, constructing, remodeling, converting, altering, relocating, or demolishing any structure or improvement to property including grading, clearing, grubbing, mining, excavating, or filling of a property. “Development” includes “construction activity.” “Development” does not include a change of use or an activity that does not require a government permit. “Development” also does not include the replacement of an existing fixture with a like fixture such as the replacement of a water heater, furnace, air conditioner, ceiling fan, faucet, light switch, or electrical socket.

“Development review committee” means a committee comprised of city staff designed to provide input to an applicant prior to submitting an official development application and to act as the land use authority for specific types of land use applications. This committee is chaired by the community development director and includes the city planner, building official, fire marshal, public works director, city attorney, and city engineer, or their respective designees.

“Directional or instructional sign” means an on-premises sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment, but no advertising copy, e.g., parking or exit and entrance signs.

“Disability” is defined in Section 57-21-2 of the Utah Code Annotated.

“Disabled care facility” means a long-term care residential facility for disabled persons, persons suffering from a physical or mental impairment that substantially limits one or more of a person’s major life activities, including a person having a record of such an impairment or being regarded as having such an impairment.

“Double-faced sign” means a sign with two faces diverged from a common angle of not more than forty-five degrees or back-to-back.

“Double frontage lot” means a lot that fronts on two parallel streets or two streets which do not intersect at the lot boundaries.

“Drip emitter” means drip irrigation fittings that deliver water slowly at the root zone of the plant, usually measured in gallons per hour.

“Drive test antenna” means a temporary antenna which is used for field-testing of telecommunications signals and possible locations but does not provide telecommunications to customers.

“Drive-through restaurant” means a restaurant that includes a window or similar feature which allows food to be ordered and taken from the premises for consumption elsewhere without leaving a vehicle.

“Driveway” means a private entryway that may be used by a single parcel or shared with more than one parcel to provide access from a public or private road.

“Duplex dwelling” or “duplex” means a building containing two dwelling units that has separate exterior entrances for each dwelling unit. A duplex dwelling does not require an owner to live in one of the dwelling units. A duplex dwelling does not include a single family dwelling with an internal accessory dwelling unit.

Dwelling, duplex. See “Duplex dwelling.”

Dwelling, multi-family. See “Multi-family dwelling.”

Dwelling, single family. See “Single family dwelling.”

“Dwelling unit” means a building or portion thereof designed for use as the residence or sleeping place of one or more persons or families and includes a kitchen and sanitary facilities, but excludes a hotel, motel, elderly care and disabled care. (Ord. 2025-05 § 1 (Att. A); Ord. 2025-03 § 1 (Att. A); Ord. 2024-01 § 1 (Att. B); Ord. 2021-19 § 1 (Att. A); Ord. 2019-03 § 1 (Att. B); Ord. 8/22/2006O-14 § 1; Ord. 7/11/2006O-9 § 1; Ord. 12/03/2002A § 1; Ord. 12-11-2001C § 2)

“Earth tones” means colors of off white, beige, gray or other neutral natural colors.

“Easement” means a nonpossessory interest in land of another; a vested or acquired right to use land, other than as a tenant, for a specific purpose; such right being held by someone other than the owner who holds title to the land.

“Elderly care” means a long-term care residential facility for the elderly. The term does not include a “health care facility.”

“Elderly person” means a person who is sixty years old or older, who desires or needs to live with other elderly persons in a group setting, who may or may not be capable of living independently.

“Electrified security fence” means a fence designed to protect a property or properties from intrusion by means of conducting an electric current along one or more wires thereof so that a person or animal contacting any such wire or wires will receive an electric shock.

“Elevation” means the outer surface of a building.

“Elevation drawing” means a fully dimensional drawing of the front, rear, or side of a building showing all features such as windows, doors, etc., and the relationship of grade to floor level.

“Emergency” means actions that must be undertaken immediately or within a time frame too short to allow full compliance with this title to avoid an immediate threat to public health or safety, to prevent an imminent threat of serious environmental degradation.

“Enclosure” means any structure that prevents an animal from escaping its primary confines. For fowl, “enclosure” means a fenced or sturdy wire pen with a roof containing a coop for the purpose of allowing fowl access to the coop while remaining in an enclosed pen.

“Entertainment center” means an establishment or enterprise for the purpose of amusing or entertaining persons for profit or nonprofit and generally contained within a structure. Such uses include, but are not limited to, theater, playhouse, cinema, performing arts, planetarium, discovery center, museum, amusement house, or bowling alley. This use does not include “sexually oriented business entertainment.”

“Equipment shelter” means a structure used to house equipment for telecommunications facilities.

“Escrow” means a deposit of cash with the city or an approved, alternate security in lieu of cash held to ensure a guarantee.

“Essential services” means services provided by public or private utilities, including underground, surface or overhead gas, electrical, steam, water, sanitary sewer, stormwater drainage, and communication systems and accessories such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations and hydrants, but not including buildings used or intended to be used for human habitation.

“Evapotranspiration” means the quantity of water evaporated from adjacent soil surfaces and transpired by plants during a specific time, expressed in inches per day, month or year.

“Existing grade” means the grade of a property prior to any proposed development or construction activity.

“External accessory dwelling unit” or “EADU” means an accessory dwelling unit that is:

“Extra-drought tolerant plant” means a plant that can survive without irrigation throughout the year once established, although supplemental water may be desirable during drought periods for improved appearance and disease resistance. (Ord. 2021-19 § 1 (Att. A); Ord. 2017-14 § 1; Ord. 2015-12 § 1 (Att. A); Ord. 9/22/2009O-15 § 1 (Att. A); Ord. 7/11/2006O-9 § 1; Ord. 12/03/2002A § 1; Ord. 12-11-2001C § 2)

Facade, building. See “Building facade.”

“Feather flag” means a vertical, portable temporary sign that contains a harpoon-style pole or staff driven into the ground for support or is supported by means of an individual stand and has a maximum height of twelve feet. (See Figure 2.)

“Fence” means a structure made of various materials that separates, encloses, screens or divides outdoor areas, including property perimeters. The term “fence” includes, but is not limited to, net screening for recreational activities, masonry walls, hedges, bollards with chains, posts with rails, and barriers.

Fence, electrified security. See “Electrified security fence.”

“Filtered light fixture” means any outdoor light fixture that has a refractive light source.

“Final action” means the later of the final vote or the approved, written decision on a matter.

“Final grade” means the finished or resulting grade where earth meets the building after completion of the proposed development activity.

“Final plat” means a recordable subdivision or condominium map.

“Financial institution” means a facility where the principal function is to conduct monetary business.

“Fire code” is Title 15 of the city of Midvale Municipal Code.

“Fireworks stand” is defined as the sale of fireworks as defined and authorized by Chapter 8.06 of the Midvale Municipal Code from a temporary location.

“First story” means the lowest story in a building; provided, the floor level is not more than four feet below final grade for more than fifty percent of the perimeter.

“Flag banner sign” means a sign made of cloth, canvas or nylon attached to a pole structure with no advertising copy. Intended to be used as part of an entry feature for a multifamily development. For the purposes of this title, the name of the project is not defined as advertising copy.

“Flag lot” means the remaining lot created from the subdivision of one lot, with proper street frontage, into two lots which consist of: (1) a frontage lot, with proper street frontage; and (2) a flag lot, with street access but without street frontage. The flag lot consists of an access portion and a banner portion (diagram).

“Flashing sign” means a sign which has or appears to have motion or rotation of the lighting elements or displays flashing or intermittent light.

“Flat sign” means a sign erected parallel to and attached to the outside wall of a building and extending not more than twenty-four inches from such wall with messages of copy on the face side only.

“Flood plain area” means an area adjoining a river, stream, water course, or body of standing water in which a potential flood hazard exists when the area experiences a one-hundred-year storm, including any area designated as a flood plain by the Department of Housing and Urban Development or the Federal Emergency Management Agency of the United States.

“Floodlighted or externally lighted sign” means a sign made legible in the absence of daylight by devices which reflect or project light upon it.

Floor area, gross. See “Gross floor area.”

Floor area, net leasable. See “Net leasable floor area.”

“Floor area ratio (FAR)” means the maximum allowed gross floor area divided by the area of the lot or parcel.

“Food truck court” means an improved lot or parcel where food trucks and vending carts can operate.

“Foot candle” means a unit for measuring the amount of illumination on a surface. The measurement is candlepower divided by distance.

Foot candle, average (AFC). See “Average foot candle (AFC).”

Foot candle, horizontal (HFC). See “Horizontal foot candle (HFC).”

Foot candle, vertical (VFC). See “Vertical foot candle (VFC).”

“Fowl” means birds of the order Galliformes, including chickens, turkeys, pheasant, partridges and quail. “Fowl” also means waterfowl of the order Anseriformes such as ducks, geese and swans.

“Freestanding antenna” means an antenna mounted on the roof of or within a stand-alone support structure including but not limited to a wooden pole, steel pole, lattice tower, utility pole, lift tower, light standard, flag pole or other vertical support.

“Freestanding sign” means a sign supported permanently upon the ground by poles or braces and not attached to any building.

“Freeway-oriented sign” means an on-premises ground sign located within six hundred sixty feet of an interstate freeway exit.

“Front loaded garage” means a subservient (secondary or de-emphasized) parking structure designed for access from the street, either attached to the dwelling or detached to the side or rear of the dwelling.

“Front lot line” means the property line dividing a lot or parcel from the right-of-way of the street from which the structure takes access.

“Front property line” means that part of a parcel or lot which abuts a street.

“Front yard” means the area between the front of the closest building and the front lot line or closer right-of-way, extending the full width of the lot. The depth of the front yard is the minimum distance between the front lot line and the front line of the closest structure.

“Frontage” means that portion of a lot abutting a public or private right-of-way and ordinarily regarded as the front of the lot.

“Fully shielded luminaire” means a luminaire that is constructed so that no light rays are emitted at angles above the horizontal plane, as certified by a photometric test report.

“Funeral home” means a building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation. (Ord. 2019-03 § 1 (Att. B); Ord. 2015-13 § 1 (Att. A); Ord. 2015-12 § 1 (Att. A); Ord. 10/6/2009O-19 § 1 (Att. A); Ord. 9/22/2009O-15 § 1 (Att. A); Ord. 5/5/2009O-8 § 1 (Att. A); Ord. 5/1/2007O-5 § 1; Ord. 7/11/2006O-9 § 1; Ord. 12-11-2001C § 2)

“Garage” means an accessory building, unoccupied, or part of a primary building, designed for the shelter and storage of a motor vehicle or vehicles and enclosed on three or more sides.

Garage, back loaded. See “Back loaded garage.”

Garage, front loaded. See “Front loaded garage.”

“Gated community” means a subdivision or neighborhood, often surrounded by a barrier, to which entry is restricted to residents and their guests.

“General office” means a building offering executive, administrative, professional, or clerical services, or portion of a building wherein services are performed involving predominately operations with limited client visits and limited traffic generated by employees and/or clients.

“General plan” means a document that a municipality adopts that sets forth general guidelines for proposed future development of the land within the municipality, as set forth in Title 10, Chapter 9a of the Utah Code Annotated.

“Geologic hazard” means a hazard inherent in the crust of the earth, or artificially created, which is dangerous or potentially dangerous to life, property or improvements due to the movement, subsidence, or shifting of the earth. The term includes but is not limited to unstable slopes, faulting landslides and rock fall.

“Governing body” means the city council of Midvale.

“Grade” means the ground surface elevation of a site or parcel of land.

Grade, existing. See “Existing grade.”

Grade, final. See “Final grade.”

Grade, natural. See “Natural grade.”

“Grading” means any earthwork or activity that alters the natural or existing grade, including but not limited to excavating, filling or embanking.

Grading Plan. The “grading plan” shall be shown at the same scale as the planting and irrigation plans. The grading plan shows all finish grades, spot elevations as necessary and existing and new contours with the developed landscaped area.

“Gross floor area” means the area of a building including all enclosed areas designed for human occupation. “Gross floor area” does not include unenclosed porches, balconies, patios and decks, vent shafts, courtyards or garages, up to a maximum floor area of six hundred square feet.

“Gross leasable” means total area including hallways, mechanical equipment room and common bathrooms.

“Ground cover” means material planted in such a way as to form a continuous cover over the ground that can be maintained at a height not more than twelve inches.

“Group care facility” means a building or structure where care, protection, supervision, and limited medical care are provided on a regular schedule for up to ten children or adults, including caretakers. May include multiple overnight stays.

“Grubbing” means the removal or destruction of vegetation, including disturbance to the root system or soil surface by mechanical, chemical or other means.

“Guarantee” means any form of security including cash, a letter of credit, or an escrow agreement in an amount and form satisfactory to the city. (Ord. 7/11/2006O-9 § 1; Ord. 12/03/2002A § 1; Ord. 12-11-2001C § 2)

“Habitable space (room)” means space in a structure for living, sleeping, eating, or cooking. Bathrooms, toilet compartments, closets, halls, storage, or utility space, and similar areas are not considered “habitable space.”

“Hardscape” means patios, decks and paths. Does not include driveways and sidewalks.

“Hard-surfaced” means covered with concrete, brick, asphalt, or other impervious surface.

“Hedge” means a fence, boundary, and/or visual barrier formed by a row of closely planted shrubs, bushes or low trees.

Height, building. See “Building height.”

“Heliport” means an area of land or water or structural surface which is used, or intended for use, for landings and takeoffs of helicopters, including facilities for maintenance, fueling, storage, and hangars, and other necessary buildings and open spaces.

“Historic” means that which has interest or value to the heritage, background and/or cultural character of Midvale and its environs.

“Historic building, structure, site or object” means any building, structure, site and/or object that demonstrates historic significance as set forth in Chapter 17-7-11.

“Historic district” means a geographically definable area possessing a significant concentration, linkage, or continuity of buildings, structures, sites, or objects united by past events, plan or physical development. A “historic district” may comprise an individual site or individual elements separated geographically but linked by association, plan, design, or history.

“Home occupation” means a business carried on entirely within a dwelling by persons residing within the dwelling, which business is clearly incidental and secondary to the use of the dwelling for residential purposes.

“Honey bee” means all life stages of the common domestic honey bee, Apis mellifera species.

“Horizontal foot candle (HFC)” means a unit of illumination produced on a horizontal surface, all points of which are one foot from a uniform point source of one candle.

“Horizontal mixed-use” means commercial and residential uses which are within close proximity to each other and designed in a “village” manner, but not necessarily within the same building structures.

“Hospital” means an institution specializing in clinical, temporary or emergency medical services to humans and/or licensed by the state to provide diagnosis, treatment, surgery, obstetrics and general medical practice.

“Hotel/motel” means an establishment with temporary lodging in rooms, for less than one month, that has interior common corridor access to rooms, may include a restaurant, and may contain accessory uses and services, including, without limitation, newsstands, gift shops, and similar incidental uses conducted entirely within the principal building but excludes a “bed and breakfast,” as defined in this section.

“Hotel room” means a unit consisting of one room, without a kitchen, intended for temporary living and sleeping purposes and including a separate, exclusive bathroom.

“Hotel suite” means two or more interconnected hotel rooms with a single corridor or exterior access. May include a “kitchenette.” (Ord. 6/16/2009O-10 § 3; Ord. 7/11/2006O-9 § 1; Ord. 12/03/2002A § 1; Ord. 12-11-2001C § 2)

“IBC commercial kitchen” means a kitchen that is required by the International Building Code (IBC), because of the nature of the cooking or food preparation activities, to have commercial food heat-processing equipment, such as compensating hoods, grease filters, kitchen hoods, and similar types of equipment.

“Identification sign” means a sign whose copy is limited to the name and address of a building, institution, or person or to the activity or occupation being identified.

“Illegal sign” means a sign which does not meet the requirements of the Midvale City zoning ordinance and which has not received nonconforming status.

“Illuminated sign” means a sign which has characters, letters, figures, designs, or outlines illuminated by electric lights or luminous tubes.

“Impact analysis” means a determination of the potential effect(s) (environmental, fiscal, social, etc.) upon the community of a proposed development.

“Impervious surface” means and includes all buildings or structures measured at their greatest extent and so as to include areas overhung by eaves, balconies, decks and other projecting features of the structure; also all paved or otherwise hard-surfaced areas such as roads, curbs and gutters, walks, parking lots and loading areas, and asphalt or concrete aprons for solid waste containers, signs or outdoor mechanical equipment.

“Improved, common open space” means open space, held in common ownership, that is improved beyond that of natural open space to facilitate an activity or series of activities, including such uses as mini parks, picnic areas, playgrounds, gazebos, basketball courts, tennis courts, recreation areas and structures such as club houses, pavilions, swimming pools, skate parks, and other similar uses and facilities. Improved common space does not include for profit recreational facilities, secondary recreational facilities that happen to be located in an area or on a surface that has a different primary use such as a basketball court located in a roadway, activity areas that are not held either in common ownership or public ownership, or areas and/or facilities that do not reasonably lend themselves to the intended activity. Any other uses specifically listed within each particular zoning district shall not be construed as falling within this generic definition.

“Improvement” means street construction, water systems, sewer systems, sidewalks, curbs and gutters, drainage facilities, on-site construction, street trees, street signs, street lights, traffic control or safety devices, fire hydrants, and such other facilities, utilities, or construction.

Inaction. An application is inactive and subject to denial on the basis of inactivity if, through the act or omission solely of the applicant and not of the city:

“Industrial parking area” means an area used or designed for parking commercial and industrial vehicles over 12,000 pounds GVW. A designated industrial parking area can also be used for parking on site use related motor vehicles less than 12,000 pounds GVW.

“Inflated sign” means a temporary advertisement consisting of balloons and other devices supported by the pressure of forced or heated air or of lighter-than-air gases anchored to the premises where the advertised use is conducted, product or commodity sold, service performed, or business name is located.

“Inoperative vehicle or trailer” means any vehicle or trailer that due to mechanical, electrical or structural problems, or lack of maintenance, cannot operate as it was originally constructed and designed to do or should not be operated due to conditions rendering it as unsafe. This includes any vehicle or trailer that is not currently licensed.

“Intensity of use” means the maximum number of residential units, or commercial or industrial space within, a specified land area designated for that purpose.

“Intensive office” means a business offering executive, administrative, professional or clerical services with a high level of client interaction and traffic generated; and/or a business which employs five or more persons per one thousand square feet of net leasable office space.

“Interior landscaping” refers to planting islands and areas within the interior of the development.

“Interior sign” means a sign located within a building so as to be visible only from within the building in which the sign is located.

“Internal accessory dwelling unit” or “IADU” means the same as that term is defined in Section 10-9a-530 of the Utah Code Annotated, as amended.

“Irrigated landscaped area” means all portions of a development site to be improved with planting and irrigation. Natural open space areas shall not be included in the irrigated landscaped area.

“Irrigation efficiency” means the measurement of the amount of water beneficially applied, divided by the total amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system hardware characteristics and management practices.

Irrigation Plan. The “irrigation plan” shall be shown at the same scale as the planting plan. The irrigation plan shall show the components of the irrigation system with water meter size, backflow prevention, precipitation rates, flow rate and operating pressure for each irrigation circuit, and identification of all irrigation equipment.

“Itinerant merchant” means any person who engages in a temporary business of selling or offering to sell any goods, wares, merchandise or services from a stand, cart, tent or other structure not permanently affixed to real property. (Ord. 2021-19 § 1 (Att. A); Ord. 5/5/2009O-8 § 1 (Att. A); Ord. 7/11/2006O-9 § 1; Ord. 10/28/2003O-11 § 1(8); Ord. 12/03/2002A § 1; Ord. 12-11-2001C § 2)

“Junk” means any salvaged or scrap copper, brass, iron, steel, metal, rope, rags, batteries, paper, wood, trash, plastic, rubber, tires, waste, or other articles or materials commonly designated as junk. “Junk” shall also mean any dismantled, wrecked or inoperable motor vehicles, trailers or parts thereof which remain in such condition for a period of time in excess of sixty days.

“Junk yard” means the use of any lot, portion of a lot, or tract of land for the storage, keeping or abandonment of junk, including scrap metals or other scrap material, or for the dismantling, demolition or abandonment of automobiles, or other vehicles, or machinery or parts thereof; but does not include such uses which are clearly accessory and incidental. (Ord. 7/11/2006O-9 § 1)

Kennel, commercial. See “Commercial kennel.”

Kennel, private. See “Private kennel.”

“Kitchen” means an enclosed area for the preparation of food and containing a sink, refrigerator and stove.

Kitchen, IBC commercial. See “IBC commercial kitchen.”

“Kitchenette” means an area used or designed for the preparation of food and containing a sink, refrigerator and an electrical outlet, which may be used for a microwave oven. No 220V outlet for a range or oven is provided. (Ord. 7/11/2006O-9 § 1; Ord. 12-11-2001C § 2)

“Land use authority” means a person, board, commission, agency, or other body designated by the City Council to act upon a specific type of land use application.

“Landscape architect” means a person who holds a license to practice landscape architecture in the state of Utah.

“Landscape bond” means a financial guarantee to the city that all landscaping will be installed to city specifications.

“Landscape designer” means a person who has been certified by the Utah Nursery and Landscape Association (UNLA) to prepare landscape plans.

“Landscape irrigation auditor” means a person who has been certified by the irrigation association to conduct a landscape irrigation audit.

“Landscape plan documentation package” means the preparation of a graphic and written criteria, specifications, and detailed plans to arrange and modify the effects of natural features such as plantings, ground and water forms, circulation, walks and other features to comply with the provisions of the ordinance codified in this section. The landscape plan documentation package shall include a project data sheet, a planting plan, an irrigation plan, a grading plan, a soils report, a landscape water allowance, and an irrigation schedule.

“Landscape zone” means a portion of the landscaped area having plants with similar water needs, areas with similar microclimate (i.e., slope, exposure, wind, etc.) and soil conditions, and areas that will be similarly irrigated. A landscape zone can be served by one irrigation valve, or a set of valves with the same schedule.

“Landscaping” means any combination of living plants, such as trees, shrubs, vines, ground covers, flowers, or grass; natural features such as rock, stone, or bark chips; and structural features, including but not limited to fountains, reflecting pools, outdoor art work, screen walls, fences or benches.

Landscaping, interior. See “Interior landscaping.”

Landscaping, parking area. See “Parking area landscaping.”

Landscaping, parking lot interior. See “Parking lot interior landscaping.”

Landscaping, perimeter. See “Perimeter landscaping.”

Landscaping, pre-existing. See “Pre-existing landscaping.”

Landscaping, thematic. See “Thematic landscaping.”

“Large scale master planned development” means a concept approval for proposed development which commits the applicant to minimum and maximum densities, public amenities, coordinated design, on and off-site improvements, and a phasing of development for any project over five acres in area.

“Lattice tower” means a self-supporting, multiple- sided, open steel frame structure used to support telecommunications equipment.

Leasable, gross. See “Gross leasable.”

Leasable, net. See “Net leasable.”

“Legislative body” means the city council of Midvale.

“Light source” means a single artificial point source of luminescence that emits a measurable radiant energy in or near the visible spectrum.

“Light trespass” means a single artificial point source of luminescence that emits light onto an adjacent property in an obtrusive and harmful manner.

Lighting, pre-existing. See “Pre-existing lighting.”

“Live/work unit” means a flexible building type that combines personal living space and professional workspace in such a way that neither the principal residence nor the residential character of the neighborhood is compromised. A live/work unit is primarily a residential dwelling unit that may be used as a business establishment only if the dwelling is occupied as the principal residence of the business operator.

“Looping street” means a local street which has its only ingress and egress at two points on the same local, collector or arterial street.

“Lot” means a unit of land described in a recorded subdivision plat.

Lot, corner. See “Corner lot.”

Lot, pre-existing. See “Pre-existing lot.”

“Lot area” means the area of a horizontal plane within the property lines of a lot.

“Lot coverage” means the maximum area of a lot which may be occupied by a structure. Lot coverage is expressed as a ratio. Arcades, open porches, decks, terraces, and stoops are excluded from the calculation.

“Lot depth” means the minimum distance measured from the front property line to the rear property line of same lot.

“Lot frontage” means the length of the front property line measured at the street right-of-way line.

Lot line, front. See “Front lot line.”

Lot line, rear. See “Rear lot line.”

Lot line, side. See “Side lot line.”

“Lot line adjustment” means the relocation of the property line between two adjoining lots.

Lot line adjustment, administrative. See “Administrative lot line adjustment.”

“Lot width” means the minimum distance between the side lot lines at the front yard or front building facade or, for three-sided lots, the minimum distance between the rear and side lot lines at the front yard or front building facade.

“Low power radio services facility” means an unmanned structure which consists of equipment used primarily for the transmission, reception or transfer of voice or data through radio wave or wireless transmissions. Such sites typically require the construction of transmission support structures to which antenna equipment is attached.

“Lumen” means a measurement of light output or the amount of light emitting from a “luminaire.”

“Luminaire” means a complete lighting unit consisting of a light source and all necessary mechanical, electrical, and decorative parts.

Luminaire, cutoff-type. See “Cutoff-type luminaire.”

Luminaire, shielded, fully. See “Fully shielded luminaire.”

Luminaire, shielded, partially. See “Partially shielded luminaire.” (Ord. 7/11/2006O-9 § 1; Ord. 12/03/2002A § 1; Ord. 12-11-2001C § 2)

“Major public utilities” means structures that house operations for public utilities like, but not limited to, power generation plants, electrical switching stations, primary substations, refuse collection and disposal facilities, and water and wastewater treatment facilities and similar facilities.

“Major transportation facility” means any multimodal transportation facility which includes vehicular parking in excess of four vehicles.

“Manufactured home” means a multi-sectional mobile home not exceeding two stories in height that is designed to be installed on a permanent foundation system and was manufactured after June 15, 1976.

“Manufacturing use” means an establishment primarily engaged in the production, fabrication, or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside of the building or lot where such activities take place and are located entirely within a building. These uses do not include refineries, rock crushers, incinerators, and similar uses.

“Masonry wall” means any structure or device forming a physical barrier which is so constructed that fifty percent or more of the vertical surface is closed and prevents the passage of light, air, and vision through the surface in a horizontal plane.

“Master planned development (MPD)” means a form of development characterized by a comprehensive and unified site plan and design reviewed under the master planned development review processes described in each zone chapter of this title. The MPD generally includes a number of housing units; a mix of building types and land uses; clustered buildings designed to integrate one with another and to complement the surrounding land uses; significant open space; flexible in interior setbacks, heights, and density; and valued community amenities.

Master planned development, large scale. See “Large scale master planned development.”

Master planned development, small scale. See “Small scale master planned development.”

“Medical cannabis pharmacy” means the same as that term is defined and amended in Section 26-61a-102 of the Utah Code Annotated.

“Minor public utilities” means local utility structures that are necessary for a specific development or service like, but not limited to, poles and lines.

“Minor transportation facility” means a bus stop without associated vehicular parking.

Mixed-use, commercial. See “Commercial mixed-use.”

Mixed-use, horizontal. See “Horizontal mixed-use.”

Mixed-use, vertical. See “Vertical mixed-use.”

“Mobile changeable copy sign” means a sign mounted on a trailer or frame, lighted or unlighted, with changeable lettering.

“Mobile home” means a transportable factory built housing unit built prior to June 15, 1976, in accordance with a state mobile home code which existed prior to the Federal Manufactured Housing and Safety Standards Act (HUD Code) and which was designed to be a long-term residential dwelling unit, with or without a permanent foundation, and originally constructed as a complete package which includes major appliances, plumbing, and electrical facilities prepared for appropriate connections. Presectionalized, modular, or prefabricated houses not placed on permanent foundations shall be regarded as mobile homes.

“Model home” means a dwelling unit used initially for display or marketing purposes which typifies the units that will be constructed.

“Modular home” means a permanent dwelling structure built in prefabricated units, which are assembled and erected on the site, or at another location and brought as a unit to the site and which is classified as a mobile home until it is placed on a permanent foundation and complies with all applicable building codes.

“Monopole” means a single cylindrical steel or wood pole that acts as the support structure for antennas.

“Monument sign” means a sign six feet or less in height which is flush to the ground. The regulated area of a monument sign includes all parts of the sign or structure that contains words or symbols and information. The height of a monument sign shall be the distance from the highest point of the sign to the height of the street, curb or sidewalk.

“Mortuary” means a place for the storage of human bodies prior to their burial or cremation.

“Mulch” means any material such as bark, wood chips or other materials left loose and applied to the soil.

“Multi-family dwelling” means a building containing three or more dwelling units.

“Municipal facilities” means those improved properties owned by the municipality or the public. (Ord. 2024-01 § 1 (Att. C); Ord. 2020-02 § 1 (Att. A); Ord. 2019-03 § 1 (Att. B); Ord. 7/11/2006O-9 § 1; Ord. 8/10/2004O-25 § 1(6); Ord. 12/03/2002A § 1; Ord. 12-11-2001C § 2)

“Name plate sign” means a sign indicating the name or names of person(s) legally occupying the premises.

“Natural access control” means physical design which guides the mobility of people and which decreases crime opportunity and increases perception of risk to offenders.

“Natural grade” means the grade of the surface of the land prior to any development activity or any other man-made disturbance or grading. The community and economic development department shall estimate the “natural grade,” if not readily apparent, by reference elevations at points where the disturbed area appears to meet the undisturbed portions of the property. The estimated “natural grade” shall tie into the elevation and slopes of adjoining properties without creating a need for new retaining walls, abrupt differences in the visual slope and elevation of the land, or redirecting the flow of run-off water.

“Natural open space” means a natural, undisturbed area with little or no improvements. Open space may include, but is not limited to, such areas as ridge line areas, slopes over thirty percent, wetlands, stream corridors, trail linkages, subdivision or condominium common area, or identified view corridors.

“Natural surveillance” means physical design which keeps potential intruders under the perception of continual watch, using “eyes on the street” and visual permeability in architecture, lighting, and landscaping.

“Neighborhood commercial” means any retail establishment offering for sale prepackaged or fresh food products, beverages, household items, or other goods commonly associated with the same, not including automobile fuel sales, and having a maximum gross floor area of one thousand five hundred square feet.

“Neighborhood commercial-1 (NC-1)” provides a location for a limited number of small-scale retail commercial, office and restaurant uses which serve the day-to-day needs of the residents of surrounding neighborhoods.

Neighborhood commercial-2 (NC-2). This medium-scaled, multipurpose commercial district provides convenience goods to its immediate neighborhood as well as comparison shopping goods and services on a specialized basis to a wider trade area.

“Net leasable” means total area excluding hallways, mechanical equipment room and common bathrooms.

“Net leasable floor area” means gross floor area excluding common hallways, mechanical and storage areas, and restrooms.

“New business” means any application with the business license department for a license to conduct business at a location not previously occupied by the applicant(s).

“New development” means any new construction activity.

“Nonconforming lot” means a parcel of land which does not conform to the area, frontage, width or other regulations for the district in which it is situated, but which was in conformity with all applicable zoning, subdivision and other regulations, if any, at the time of its establishment in its current configuration. Nonconforming lots are considered legally buildable lots, but only for uses that are legal/permitted on the date an application is submitted.

“Nonconforming sign or sign structure” means a sign or sign structure or portion thereof lawfully existing prior to January 2, 2002, which does not conform to all height, area, yard spacing, animation, lighting or other regulations prescribed in the zone in which it is located. To minimize confusion and unfair competitive disadvantage to those businesses which are required to satisfy pre-existing sign standards, Midvale City intends to apply firm regulation of existing nonconforming signs with a view to their eventual elimination. This goal shall be achieved by strictly construing limits on change, expansion, alteration, abandonment, restoration, and by amortization. Excluding normal maintenance and repair, a nonconforming sign shall not be moved, altered or enlarged unless it is brought into complete compliance with this chapter. The following alterations are exempt from this provision:

“Nonconforming structure” means a structure that legally existed before its current zoning designation and because of a zoning change does not conform to the zoning district’s development standards. The nonconforming use of a structure existing at the time the applicable zoning regulations became or become effective may be continued. A vacant nonconforming structure may be occupied by a use for which the building or structure was designed or intended, if so occupied within a period of one year after the building or structure became nonconforming. A nonconforming structure or portion thereof shall be deemed abandoned by nonuse during a continuous period of one year. If a nonconforming structure or portion thereof has been or shall be abandoned, the same shall not thereafter be occupied or used except for a use which conforms to the use regulations of the zone in which it is located. The nonconforming use of a building or structure may not be changed except to a conforming use; however, where such change is made to a conforming use, the use shall not thereafter be changed back to a nonconforming use. A nonconforming use may be extended to include the entire floor area of the existing building in which it was conducted at the time the use became nonconforming.

“Nonconforming use” means a use of a lot or parcel that legally existed on the lot or parcel before its current zoning designation; has been maintained continuously for the preceding twelve months; and does not conform to the zoning regulations that now govern the land. A nonconforming use of a lot or parcel, or portion thereof, may be continued. No such nonconforming use of land shall in any way be expanded or extended either on the same or any adjoining tract of land. A nonconforming use of land shall be deemed abandoned by nonuse for a period of one year after the use became nonconforming. If a nonconforming use of land has been or shall become abandoned for a period of twelve months, such land shall not thereafter be used or occupied except for a use which conforms to the use regulations of the zone in which the use is located.

“Nondrought tolerant plant” means a plant that will require regular irrigation for adequate appearance, growth and disease resistance.

Nursery, commercial. See “Commercial nursery.”

“Nursing home” means a business described also as a “rest home” or “convalescent home,” other than a hospital, in which persons are lodged long-term and furnished with care rather than diagnoses or treatment. (Ord. 7/6/2010O-5 § 1 (Att. A); Ord. 7/11/2006O-9 § 1; Ord. 3/18/2003O-2; Ord. 12/03/2002A § 1; Ord. 12-11-2001C § 2)

Office, general. See “General office.”

Office, intensive. See “Intensive office.”

“Official streets master plan,” as adopted by the city council, means the designation of each existing and planned street and right-of-way, and those located on approved and filed plats, for the purpose of providing for the development of the streets, highways, roads, and rights-of-way and for their future improvement, reconstruction, realignment, and necessary widening, including provision for curbs and sidewalks. The classification of each street and right-of-way is based upon its location in the respective zoning district of the city, its present and estimated future traffic volume, and its relative importance and function.

“Official zoning map” means the map adopted by the city council pursuant to law showing the streets, zoning districts, and city boundaries; and any amendments or additions thereto resulting from the approval of rezones, subdivision or annexation plats and the subsequent filing of such approved plats.

“Official zoning map” means the map adopted by the city council depicting the geographic scope of the city’s land use designations.

“Off-premises directional sign” means an off-premises sign containing no advertising and used for directional purposes only.

“Off-premises sign” means a sign advertising an establishment, merchandise, service, or entertainment, which is not primarily sold, produced, manufactured, or furnished at the property on which said sign is located. A billboard is an off-premises sign.

“Off-site” means any premises not located within the property to be developed or subdivided, whether or not in the same ownership of the applicant for development or subdivision approval.

“Off-street” means entirely outside of any city right-of-way, street, access easement, or any private access drive, or street required by this title.

“Old Town neighborhood” means the neighborhood bounded by I-15 to the east, Bingham Junction and Sharon Steel to the west, the city boundary to the south, and Center Street to the north.

“One bedroom apartment” means a dwelling unit consisting of a living room, a kitchen, which may be a part of the living room, a separate room designed and intended as a bedroom, and a bathroom for the exclusive use of that unit.

“On-premises sign” means a sign directing attention to a use conducted, product or commodity sold, service performed or business name upon the premises on which it is located.

“Open space” means the area reserved in fields, pastures, parks, courts, schools, playgrounds, golf courses, yard, and other similar open areas that are open to the sky or are open to view on at least two sides, are readily accessible by foot traffic from the building to which they are accessory; and are not part of any parking area, driveway space, public or private street or road, or building footprint.

Open space, improved, common. See “Improved, common open space.”

Open space, natural. See “Natural open space.”

“Ordinary high water mark” means the line on the bank to which the high water ordinarily rises annually in season as indicated by changes in the characteristics of soil, vegetation or other appropriate means, which consider the characteristics of the surrounding areas. Where the ordinary high water mark cannot be found, the top of the channel bank shall be substituted. In braided channels, the ordinary high water mark or substitute shall be measured so as to include the entire stream feature.

“Ordinary repairs and maintenance” means work done on a structure to correct deterioration, decay of or damage to all or part of the structure generally to restore the same to its condition prior to such deterioration, decay or damage.

“Outdoor dining” means an ancillary use for the purpose of eating and/or drinking outside and contiguous to a restaurant or other retail establishment that provides a place for the consumption of food and/or drink on the premises and offers indoor patron seating.

“Outdoor rooms” means physical design of open areas through building massing, parking design, trails, etc., that breaks up large open areas and creates a feeling of ownership and safety.

“Outdoor storage” means the accessory location of any goods, wares, merchandise, commodities, or any other item outside of a completely enclosed building for a continuous period longer than twenty-four hours.

“Overhanging sign” means a sign which projects twelve inches or more beyond any portion of the roof of a building.

“Owner” means any person, or group of persons, having record title to the property sought to be developed or subdivided and the owner’s agent.

“Owner’s agent” means the person with written authorization to represent the owner. (Ord. 2024-16 § 1 (Att. A); Ord. 2021-19 § 1 (Att. A); Ord. 2012-08 § 1 (Att. A); Ord. 7/11/2006O-9 § 1; Ord. 12-11-2001C § 2)

“Package agency” means a retail liquor location operated under a contractual agreement with the Utah Department of Alcoholic Beverage Control, by a person other than the state, who is authorized by the commission to sell package liquor for consumption off the premises of the agency.

“Parcel” means an unplatted unit of land described by metes and bounds and designated by the county recorder’s office with a unique tax identification number.

“Park neighborhood” means the neighborhood bounded by the State Street corridor to the east, I-15 to the west, 7200 South to the north, and Center Street to the south.

“Park strip” means an area of land usually located within the public right-of-way between the sidewalk and the curb and gutter intended to buffer pedestrian areas from automotive areas.

Parking, public. See “Public parking.”

Parking, residential. See “Residential parking.”

Parking, shared. See “Shared parking.”

“Parking area” means any public or private area, under or outside of a building or structure, designed and used for parking motor vehicles.

Parking area, industrial. See “Industrial parking area.”

“Parking area landscaping” means all spaces to be landscaped such as aisles, and drives as defined by the top-back of curb or edge of pavement.

“Parking lot” means an unenclosed area or lot other than a street used or designed for the parking of motor vehicles, under twelve thousand pounds GVW, used for transportation of passengers and light goods. A vehicle may not be parked in a parking lot for more than a total of twenty-four hours if the vehicle is inoperable, disassembled, dismantled, or in a state of disrepair.

Parking lot, commercial. See “Commercial parking lot.”

Parking lot, private. See “Private parking lot.”

“Parking lot interior landscaping” means planting islands located within the parking area.

“Parking space” means a nine-by-eighteen-foot area maintained for parking or storing an automobile or other vehicle, which is graded for proper drainage and is hard-surfaced or porous paved.

“Parking structure” means a parking area other than a street with at least one level that is partially or fully enclosed, located under a building or partially underground, and is used or designed for the parking of motor vehicles, under twelve thousand pounds GVW, used for transportation of passengers and light goods. A vehicle may not be parked in a parking structure for more than a total of twenty-four hours if the vehicle is inoperable, disassembled, dismantled, or in a state of disrepair.

“Partially shielded luminaire” means a luminaire that is constructed so that no more than ten percent of the light rays are emitted at angles above the horizontal plane, as certified by a photometric test report.

“Pawn shop” means any person, firm, corporation, or business which loans money on deposit of personal property, or deals in the purchase, exchange or possession of personal property on condition of selling the same back again to the pledgor or depositor, or loans or advances money on personal property by taking chattel mortgage security thereon, and takes or receives such personal property.

“Pedestal sign” means a temporary and/or moveable sign supported by a column(s) and a base so as to allow the sign to stand in an upright position.

“Pedestrian way” means a street designed for the use of pedestrians, restricting vehicular use to service and emergency vehicles, particularly in areas where double-edged retail commercial is desired.

“Pennant” means a triangular tapering flag made of any lightweight fabric or other nonrigid material, whether or not containing a message of any kind, suspended in a series from a rope, wire or string.

“Perimeter landscaping” means planting areas between the property line, structure and parking area.

“Permitted use” means any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

“Person” means an individual, corporation, partnership, or incorporated association of individuals such as a club.

“Personal athletic facility” means athletic equipment or facilities dedicated to the use of the property owners and their nonpaying guests. “Personal athletic facility” does not include any athletic equipment or facilities used by paying customers or for which profit is made or expected.

Planting Plan. A “planting plan” shall clearly and accurately identify and locate new and existing trees, shrubs, ground covers, turf areas, driveways, sidewalks, hardscape features, and fences.

“Plant nursery” means a place or greenhouse where nursery stock is propagated, grown, stored, cultivated, or offered for sale. Not more than two thousand five hundred square feet of any property can be used as a plant nursery.

“Plat” means a map or other graphical representation of lands being laid out and prepared in accordance with Utah Code Annotated Section 10-9-804.

“Pole banner sign” means a sign made of cloth, canvas or nylon attached vertically to a light pole located on the property where the advertised use is conducted, product or commodity sold, service performed, or business name is located.

“Porch” means an open-air room appended to the mass of a building with a floor and roof, but no walls on at least two sides.

“Porous paving” means a substantial surfacing material designed and intended to support light vehicular movement. “Porous paving” includes paving systems such as modular pavers which provide at least fifty percent surface exposure suitable for the establishment of plant materials and which substantially abates surface water runoff. Gravel and/or compacted soil are not “porous paving.”

“Precipitation rate” means the depth of water applied to a given area, usually measured in inches per hour.

“Pre-existing landscaping” means landscaping, the installation of which preceded January 2, 2002.

“Pre-existing lighting” means outdoor lighting, the installation of which preceded January 2, 2002.

“Pre-existing lot” means a lot which was created prior to January 1, 1980, through a recorded subdivision plat, deed, sales contract, or survey, and a lot which met the zoning regulations in effect at the time of its creation. For the purposes of this title, a pre-existing lot is a nonconforming lot and shall be regulated in the same manner as nonconforming lots.

“Pre-existing structure” means a structure which was legally constructed prior to January 2, 2002. For the purposes of this title, a pre-existing structure is a nonconforming structure and shall be regulated in the same manner as nonconforming structures.

“Pre-existing use” means a use which validly existed prior to January 2, 2002, and has not been abandoned for more than one year. For the purposes of this title, a pre-existing use is a nonconforming use and shall be regulated in the same manner as nonconforming uses.

“Preliminary plat” means the preliminary drawings of a proposed subdivision specifying the layout, uses, and restrictions.

“Primary dwelling” means the same as that term is defined in Section 10-9a-530 of the Utah Code Annotated, as amended.

“Primary residence” means the dwelling unit an individual has established domicile pursuant to Utah Administrative Code 884-24P-52, as amended.

“Principal building” means a building within which the principal land use of the lot is conducted. In the SF-1, SF-2, RM-12, RM-25 zoning districts, the largest dwelling is the principal building on the lot on which it is situated.

“Private club” means any nonprofit corporation, or organization, operating as a social club, recreational, fraternal, athletic or kindred association organized primarily for the benefit of its stockholders or members and serving alcoholic beverages and/or food.

“Private kennel” means a shelter for or a place where over three and no more than five dogs and cats are bred, boarded, or trained for no monetary gain.

“Private parking lot” means a parking lot or structure intended for the exclusive use of the owners, tenants, lessees, or occupants of the lot on which the parking area is located or their customers, employees, or whomever else they permit to use the parking area. A vehicle may not be parked in a private parking lot for more than a total of twenty-four hours if the vehicle is inoperable, disassembled, dismantled, or in a state of disrepair.

“Private street” means a street owned by an individual, association or other nongovernmental group.

“Prohibited use” means a use that is not permitted or allowed to be established in a zone. Any use not specifically listed as an allowed use, an administrative conditional use or a conditional use is prohibited in that zone.

“Projecting sign” means a sign attached to a building or canopy and extending in whole or part more than twenty-four inches beyond any wall of the building or canopy.

“Promotional signboard” means a permanently attached changeable copy sign not exceeding twenty square feet per face with one or two faces back-to-back for the display of promotional items offered for sale on the premises.

“Property” means any parcel, lot, or tract of land, including improvements thereon, in the possession of or owned by, or recorded as the real property of, the same person or persons.

“Property line” means the boundary line of a parcel or lot.

Property line, front. See “Front property line.”

“Property sign” means a sign related to the property upon which it is located and offering such information as address, name of occupant for residential uses, sale or lease of the property, warning against trespassing, any hazard, or other danger on the property.

“Public building” means a building constructed, or intended for use, by the general public such as a library, museum, or building of any political subdivision of the state of Utah or the United States.

“Public improvement” means any building, water system drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking lot, space or structure, lot improvement, or other facility for which the city may ultimately assume responsibility or which may effect a city improvement.

“Public improvement bond” means a one year guarantee to the city that all public improvements have been installed to city specifications and will operate properly.

“Public parking” means a parking area or parking facility to be used by the public for fee or otherwise.

“Public recreation facilities” means recreation facilities operated by a public agency and open to the general public with or without a fee.

“Public street” means a street, including the entire right-of-way, which has been dedicated to and accepted by the city or other governmental agency or which has been devoted to public use by legal mapping, use or other means.

“Public street” means a street that has been dedicated to and accepted by the city council; that the city has acquired and accepted by prescriptive right; or that the city owns in fee.

“Public use” means a use operated exclusively by a public body to serve the public health, safety, or general welfare.

Public utilities, major. See “Major public utilities.”

Public utilities, minor. See “Minor public utilities.”

“Public utility” means an organization and/or operation authorized to provide to the community water, gas, electric, power, telephone and other like services.

“Pylon sign” means a sign affixed in or upon the ground supported by one or more structural members, with air space between the ground and the bottom of the sign face. (Ord. 2024-08 § 1 (Att. A); Ord. 2024-02 § 3 (Exh. A); Ord. 2024-01 § 1 (Att. D); Ord. 2021-19 § 1 (Att. A); Ord. 2/2/2010O-1 § 1(1); Ord. 7/11/2006O-9 § 1; Ord. 11/23/2004O-34 § 1(4); Ord. 10/28/2003O-11 § 1(8); Ord. 12/03/2002A § 1; Ord. 12-11-2001C § 2)

“Qualified professional” means a professionally trained person with the required academic degree, experience, and professional certification or license in the field or fields specified.

“Quasi-public facilities” means a facility operated by a private nonprofit educational, religious, recreational, charitable, or philanthropic institution serving the general public. (Ord. 7/11/2006O-9 § 1; Ord. 12-11-2001C § 2)

“Radio station” means an establishment engaged in transmitting oral programs to the public and that consists of a studio, transmitter, and antennas.

“Rain shut-off device” means a device wired to the automatic controller that shuts off the irrigation system when it rains.

“Razor wire” means strands of fence wire with sharp pieces of metal fixed along its length, used for fences and barriers.

“Rear lot line” means the property line opposite the front lot line.

“Rear yard” means the area between the rear line of the closest building and the rear lot line, or closer right-of-way, and extending the full width of the lot. The depth of the rear yard is the minimum distance between the rear lot line and the rear line of the primary structure.

“Record of survey map” means a graphic illustration of a survey of land prepared in accordance with state laws.

“Recreational amenity” means an area which provides for leisure or sporting activities such as a tot lot, sport court, club house, pool, picnic benches, walking paths, barbecue area, volleyball courts and other similar facilities.

Recreation facilities, commercial. See “Commercial recreation facilities.”

Recreation facilities, public. See “Public recreation facilities”

“Recreational transport trailer” means a trailer used to transport boats, personal watercraft, jet skis, and other floating recreational objects, race cars, golf carts, ATVs, motorcycles, and other motorized recreational vehicles, bicycles and other nonmotorized recreational modes of transport, snowmobiles, or other primarily recreational objects, including non-farm-related animal trailers.

“Recycling center” means an enclosed building used for storing recyclable material and unenclosed premises on which recyclable material is stored for one week or less.

“Reference evapotranspiration rate or ETO” means a standard measurement of environmental parameters which affect the water use of plants. ETO is expressed in inches per day, month or year and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall cool season grass that is well watered. The average annual ETO for the city of Midvale is twenty-seven inches.

“Refractive light source” means a light source that controls the vertical and horizontal foot candles and eliminates glare.

“Religious, educational institute” means a 28 U.S.C. 501(c) nonprofit organization engaged in teaching, community programs, or spiritual endeavors, which qualifies as a tax-exempt religious institution under Title 28 of the U.S. Code.

“Research and development use” means a use that includes light and high technological industries, such as biotechnology, nonpolluting light manufacturing, computer technology and communications equipment establishments. This does not include uses with any significantly adverse impacts (such as excessive noise levels, or emitting significant quantities of dirt, dust, odor, radiation, glare or other pollutants).

“Residential facility for elderly persons” means a residence in which more than one elderly person resides, not including a health care facility as defined by Section 26-21-2 of the Utah Code Annotated. A “residential facility for elderly persons” shall be regulated as follows:

“Residential facility for persons with a disability” means a residence in which more than one person with a disability resides and:

A “residential facility for persons with a disability” shall be a permitted use in any zoning district where a dwelling is allowed. Each such facility shall conform to the following requirements:

None of the foregoing conditions shall be interpreted to limit any reasonable accommodation necessary to allow the establishment or occupancy of a residential facility for persons with a disability. Any person or entity who wishes to request a reasonable accommodation shall make application to the zoning administrator and articulate in writing the basis for the requested accommodation. Each application for a reasonable accommodation shall be decided within thirty days. If a request for a reasonable accommodation is denied, such decision may be appealed to the board of adjustment in the manner provided for appeals of administrative decisions.

“Residential parking” means a parking area or structure used exclusively for residential, noncommercial uses.

“Restaurant” means a business in which food is prepared and sold for consumption.

Restaurant, drive-through. See “Drive-through restaurant.”

“Retail and service commercial” means a business primarily engaged in the sale or rental of goods, merchandise, or services directly to the consumer, and includes no outdoor storage. These uses do not include vehicle or large equipment rental, sales, repair or assembly. Uses include department, grocery, variety and drug stores; art galleries; bakeries; barbershops; jewelry stores; florists; auto parts stores; business, personal and social services; and similar uses. These uses may include twenty-four-hour uses and drive-up windows.

“Retail tobacco specialty business” means the same as that term is defined and amended in Section 10-8-41.6 of the Utah Code Annotated.

“Right-of-way” means a strip of land dedicated to public use that is occupied, or reserved to be occupied, by a street, crosswalk, trail, stairway, railroad, road, utilities, or for another special use.

“Road classification” means the streets, highways, roads, and rights-of-way designated on the streets master plan.

“Road right-of-way width” means the distance between property lines measured at right angles to the centerline of the street.

“Roof” means the building element which covers the top of the structure as the walls enclose the sides.

“Roof sign” means a sign which is erected partly or wholly on the roof of the building.

“Roof-mounted antenna” means an antenna or series of individual antennas mounted on the roof of a building.

“Runoff” means irrigation water that is not absorbed by the soil or landscape area to which it is applied and which flows onto other areas. (Ord. 2024-01 § 1 (Att. E); Ord. 2020-02 § 1 (Att. A); Ord. 2019-03 § 1 (Att. B); Ord. 1/06/2009O-2 § 1; Ord. 7/11/2006O-9 § 1; Ord. 6/20/2006O-8 § 1; Ord. 8/10/2004O-25 § 1(6); Ord. 12/03/2002A § 1; Ord. 12-11-2001C § 2)

“Satellite receiving station” means any apparatus or device designed for the purpose of transmitting and/or receiving radio, television, satellite microwave, or other electromagnetic energy signals between terrestrially and/or orbitally based uses. This definition includes but is not limited to what are commonly referred to as satellite earth stations, satellite microwave antennas, TVROs or dish antennas. This definition does not include conventional television antennas.

“Screen” or “screened” means the act, process, or result of visually and/or audibly shielding or obscuring a structure or use from adjacent property by fencing, walls, berms, densely planted vegetation or other features.

“Seasonal flower stand” means a temporary structure from which live flowers are sold.

“Seasonal food stand” means a small temporary structure from which to sell food items for immediate consumption during a limited time period.

“Seasonal produce stand” is defined as the sale of fresh fruits and vegetables sold from a temporary location.

“Self-service storage facility” means a building or group of buildings consisting of separate, individual and private units of varying sizes leased or rented to individuals, organizations or businesses for the self-service storage of personal property for varying periods of time. A self-service storage facility may include outdoor storage in conjunction with storage buildings. In no case shall storage spaces be used for manufacturing, retail, office, commercial service, or residential uses.

“Senior affordable housing” means a residential development/use restricted to persons fifty-five and older, where a minimum of eighty percent of the units are affordable to a household making fifty percent of the area median income (AMI) or less. Project must be guaranteed to remain affordable, as defined above, for a minimum of fifty years. With the exception of the parking space requirement that is called out separately, all senior affordable housing developments shall be considered under the applicable multi-family residential or medium and high density residential development standards.

“Sensitive or specially valued species” means federally threatened and endangered species; state threatened and endangered species; state species of concern as identified in the document State of Utah Threatened and Endangered Species; animals and plants of special concern to the community as identified in the general plan as in need of special protection.

“Service sign” means a sign that is incidental to a use lawfully occupying the property upon which the sign is located, and which sign is necessary to provide information to the public, such as direction to parking lots, location of restrooms, entrance and exits, etc.

“Setback” means the required minimum distance between a building or structure and the closest of the following:

Setback, sign. See “Sign setback.”

“Shared parking” means the development and use of parking areas on two or more separate properties for joint use by the businesses or residents on those properties.

“Shopping center” means a group of commercial establishments planned, constructed, and managed as a total entity, with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements, and landscaping and signage in accordance with an approved plan. Minimum site area is five acres.

“Side lot line” means any lot or property line other than a front or rear lot line.

“Side yard” means the area between the sideline of the building and the side lot line and extending from the front yard to the rear yard. The width of the side yard shall be the minimum distance between the side lot line and the sideline of the closest structure.

“Sight distance triangle” means a triangular area at the intersection of two streets bounded by top back of curb and a line connecting them at points thirty feet from the intersection of the two curb lines.

“Sign” means any words, letters, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names or trademarks, by which anything is made known, such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, a commodity, or product, which are visible from any public way. “Sign” also includes the sign structure supports, lighting system and any attachments, ornaments or other features intended to draw the attention of observers.

Sign, abandoned. See “Abandoned sign.”

Sign, above-canopy. See “Above-canopy sign.”

Sign, A-frame. See “A-frame sign.”

Sign, animated. See “Animated sign.”

Sign, awning. See “Canopy sign.”

Sign, balloon. See “Balloon sign.”

Sign, banner. See “Banner sign.”

Sign, campaign. See “Campaign sign.”

Sign, canopy. See “Canopy sign.”

Sign, changeable copy (automatic). See “Changeable copy sign (automatic).”

Sign, changeable copy (manual). See “Changeable copy sign (manual).”

Sign, channel letter. See “Channel letter sign.”

Sign, construction. See “Construction sign.”

Sign, directional or instructional. See “Directional or instructional sign.”

Sign, double-faced. See “Double-faced sign.”

Sign, flag banner. See “Flag banner sign.”

Sign, flashing. See “Flashing sign.”

Sign, flat. See “Flat sign.”

Sign, freestanding. See “Freestanding sign.”

Sign, freeway-oriented. See “Freeway-oriented sign.”

Sign, identification. See “Identification sign.”

Sign, illegal. See “Illegal sign.”

Sign, illuminated. See “Illuminated sign.”

Sign, inflated. See “Inflated sign.”

Sign, interior. See “Interior sign.”

Sign, mobile changeable copy. See “Mobile changeable copy sign.”

Sign, monument. See “Monument sign.”

Sign, name plate. See “Name plate sign.”

Sign, off-premises. See “Off-premises sign.”

Sign, off-premises directional. See “Off-premises directional sign.”

Sign, on-premises. See “On-premises sign.”

Sign, pedestal. See “Pedestal sign.”

Sign, pole banner. See “Pole banner sign.”

Sign, projecting. See “Projecting sign.”

Sign, property. See “Property sign.”

Sign, pylon. See “Pylon sign.”

Sign, roof. See “Roof sign.”

Sign, service. See “Service sign.”

Sign, snipe. See “Snipe sign.”

Sign, temporary. See “Temporary sign.”

Sign, transient. See “Transient sign.”

Sign, upper level. See “Upper level sign.”

Sign, vehicle. See “Vehicle sign.”

Sign, wall. See “Wall sign.”

Sign, window. See “Window sign.”

“Sign alteration” means a change or rearrangement in the structural part or design of a sign whether by extending on a side, by increasing in area or height, or by relocating or changing position.

“Sign area” means the area of a sign that is used for display purposes, excluding the minimum frame and supports. In computing sign area, only one side of a back-to-back or double-faced sign shall be computed when signs are parallel or diverge from a common edge by an angle of not more than ten degrees. For signs that do not have a frame or a separate background, the sign area shall be computed on the basis of the least rectangle, triangle or circle large enough to frame the display. Sign areas in the shape of a sphere, prism, cylinder, cone, pyramid, square or other such shape shall be computed as one-half of the total surface area.

“Sign maintenance” means the upkeep of signs in a safe, presentable and good condition, including the replacement of defective parts, repainting, cleaning and other acts required for the maintenance of said sign.

Sign or sign structure, nonconforming. See “Nonconforming sign or sign structure.”

Sign replica, traffic. See “Traffic sign replica.”

“Sign setback” means the minimum distance that any portion of a sign or sign structure shall be from any street property line.

“Sign structure” means anything constructed or erected supporting a sign which requires locations on or below the ground or attached to something having location on or below the ground.

Signboard, promotional. See “Promotional signboard.”

“Significance” means the value placed on a building relating to its architectural or historical importance.

“Significant vegetation” means and includes all large trees six inches in diameter or greater measured four and one-half feet above the ground, all groves of small trees, and all clumps of oak or maple covering an area fifty square feet or more measured at the drip line.

“Significant wetland” means all wetlands that occupy a surface area greater than one-tenth acre or are associated with permanent surface water or that are adjacent to, or contiguous with, a stream corridor.

“Single family dwelling” means a building containing not more than one dwelling unit, with the exception of an IADU.

“Site cover” means the area covered by an impervious surface such as a structure, deck, pool, parking lot, patio, walk, or driveway.

“Site development standards” mean regulations unique to each zone concerning standards for development including, but not limited to, lot areas, setbacks, building height, lot coverage and open space.

“Site plan design” means a detailed, engineered or otherwise professionally created drawing or set of drawings of the full proposed development of a site, including location, design and dimensions of grading, buildings, parking, streets, sidewalks, utilities, landscaping, irrigation, fences, screening, and other required and voluntary elements of a development.

“Slope” means the level of inclination of land from the horizontal plane determined by dividing the horizontal run, or distance, of the land into the vertical rise, or distance, of the same land and converting the resulting figure to a percentage value.

“Slum condition” means a condition conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime, or detrimental to the public health and safety due to a predominance of buildings or improvements, whether residential or nonresidential, by reason of the following: by reason of dilapidation, deterioration that is excessive and uncorrected, age or obsolescence; by reason of inadequate provision for ventilation, light, air, sanitation, or open spaces; by reason of high density of population and overcrowding; by reason of the presence of hazardous material; by reason of flooding or inundation; by reason of the existence of conditions which endanger life or property by fire and other causes; or by reason of any combination of such factors.

“Small scale master planned development” means a concept approval for proposed development which commits the applicant to specific design, public amenities, and on- and off-site improvements for any project from one to five acres in area.

“Snipe sign” means a temporary sign or poster which is attached to the supports for another sign, a public utility pole, tree, fence, etc.

“Soils report” means a report by a soils laboratory indicating soil type(s), soil depth, uniformity, composition, bulk density, infiltration rates, and pH for the top soil and subsoil for a given site. The soils report also includes recommendations for soil amendments.

“Spacing” means the distance between the closer edges of adjoining driveways or driveways and right-of-way lines of intersecting streets.

“Special district” means all entities established under the authority of Title 17A, Special Districts of the Utah Code and any other governmental or quasi-governmental entity that is not a county, municipality, school district, or unit of the state.

“Special event temporary sales” is defined as the sale of merchandise related directly to a specific civic, cultural or sporting event from a temporary location.

“Spray sprinkler” means an irrigation head that sprays water through a nozzle.

“Stealth telecommunications facility” means a telecommunications facility which is disguised as another object or otherwise concealed from public view.

“Step back architecture” means physical design for mid-rise and higher buildings which preserves sidewalk level feel and scale by setting the building facade away from the street on successively higher stories, and which includes expansive glass areas, balconies, terraces, and landscape features and architectural elements.

“Storage yard” means the location of goods, wares, merchandise, commodities, equipment, materials or any other item outside of a completely enclosed building for a continuous period longer than twenty-four hours. For the purposes of this title, construction yards, lumber yards, and like uses are considered to be “storage yards” as regulated herein.

“Story” means a habitable level within a building serving to define the building height. For the purposes of this title, each level of a parking structure is one story. Basements or parking structure levels that emerge less than four feet from grade or attics or equipment rooms not exceeding four feet at the kick wall shall not constitute an additional story.

“Stream” means a naturally fed watercourse that flows year-round or intermittently during years of normal rainfall. This definition excludes ditches and canals constructed for irrigation and drainage purposes.

“Stream corridor” means the corridor defined by the stream’s ordinary high water mark.

“Stream sprinkler” means an irrigation head that projects water through a gear rotor in single or multiple streams.

“Streamer” means a narrow strip of lightweight fabric or other nonrigid material suspended in a series from a rope, wire or string.

“Street” means a private or public right-of-way, highway, avenue, boulevard, parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, and other way.

Street, private. See “Private street.”

Street, public. See “Public street.”

“Streetscape” means the distinguishing characteristics of a particular street including paving materials, adjacent space on both sides of the street, landscaping, retaining walls, sidewalks, building facades, lighting, medians, street furniture and signs.

“Structure” means anything constructed, the use of which requires a fixed location on or in the ground, or attached to something having a fixed location on the ground and which imposes an impervious material on or above the ground; definition includes “building.”

Structure, pre-existing. See “Pre-existing structure.”

“Studio apartment” means a dwelling unit consisting of a single room equipped for cooking, living, and sleeping, having a separate bathroom for the exclusive use of the dwelling.

“Subdivision” means any land, vacant or improved, which is merged, or which is divided or proposed to be divided into two or more lots, parcels, sites, units, plots, or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development, either on the installment plan or upon any and all other plans, terms, and conditions.

“Subdivision plat” means the final map or drawing on which the applicant’s plan of subdivision is presented to the city council for approval and which, if approved, may be submitted to the county recorder for filing. (Ord. 2024-16 § 1 (Att. A); Ord. 2024-01 § 1 (Att. F); Ord. 2021-19 § 1 (Att. A); Ord. 2015-06 § 1 (Att. B); Ord. 2015-01 § 1 (Att. C); Ord. 2014-04 § 1 (Att. A); Ord. 2011-09 § 1 (Att. A); Ord. 5/5/2009O-8 § 1 (Att. A); Ord. 10/16/2007O-15 § 1; Ord. 5/1/2007O-5 § 1; Ord. 7/11/2006O-9 § 1; Ord. 6/20/2006O-8 § 1; Ord. 11/23/2004O-34 § 1(4); Ord. 8/10/2004O-25 § 1(6); Ord. 12/03/2002A § 1; Ord. 12-11-2001C § 2)

“Tandem parking” means a parking design for a dwelling unit which allows parking one vehicle behind another. Such parking may not include more than two cars in depth.

“Technical necessity” means a particular design, placement, construction or location of a telecommunications facility that is technically necessary for telecommunications consistent with the Federal Telecommunications Act of 1996, as amended.

“Telecommunications” means the transmission, between or among points specified by a user, of information of the user’s choosing, without change in the form or content of the information as sent or received.

“Telecommunications facility” means and includes antennae, equipment shelters, and related structures used for transmitting and/or receiving telecommunications and/or radio stations.

“Temporary antenna” means an antenna used for a time period of less than thirty days.

“Temporary dwellings” means the use, as regulated in this title, of a permanent dwelling as living quarters while a new permanent dwelling is under construction on the same property.

“Temporary improvement” means a structure built and maintained during construction of a development, activity or special event and then removed prior to release of the performance guarantee.

“Temporary retail sales” is defined as the sale of new merchandise and/or services from a temporary location.

“Temporary sign” means any sign, banner, feather flag, pennant, valance or advertising display constructed of paper, cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed out-of-doors for a short period of time.

“Territorial enforcement” means physical design which allows users of property to develop a sense of ownership over it, developing space with an easily discernible purpose, using symbolic barriers such as low lying fences/walls, landscaping and signage, eliminating ambiguous spaces, encouraging easy maintenance, and discouraging crime.

“Thematic landscaping” means landscaping which is both distinctive and consistent throughout the development.

“Time and temperature device” means any mechanism that displays the time and/or temperature, but does not display any commercial advertising or identification.

“TND (traditional neighborhood development)” means physical design which promotes pedestrian activity by incorporating guidelines controlling architectural elements, driveways, walkways, landscaping, street design, and other pedestrian elements.

“Tot lot” means a small-scale playground, generally in a residential development, which usually includes at least one or two pieces of equipment (slide, swing, etc.) and is enclosed by a grassy area.

“Townhome” means a single attached dwelling unit where ownership includes airspace, walls, and the ground upon which the dwelling unit sits, and where the ownership includes an undivided interest in the common areas and limited common areas of the development, and where no dwelling unit is built above or below another dwelling unit.

“Townhouse” means the same as “townhome.”

“Tract” means a contiguous parcel of land under common ownership.

“Traffic sign replica” means a sign which resembles or imitates in size, color, lettering or design any traffic control sign or device.

Trailer, recreational transport. See “Recreational transport trailer.”

Trailer, travel. See “Travel trailer.”

Trailer, utility. See “Utility trailer.”

Trailer, work. See “Work trailer.”

“Transfer station” means a facility designed for the transfer and transport of solid waste.

“Transient sign” is defined as, but not limited to, any individual(s), businesses or organizations located in Midvale City or outside of Midvale City, who hold, carry, display, or use other devices as defined under “Sign” in Section 17-2-19, for the purpose of sales, employment, events, promotions or grand openings, are prohibited in public rights-of-way or locations other than those permitted under Midvale City’s zoning ordinances.

Transportation facility, major. See “Major transportation facility.”

Transportation facility, minor. See “Minor transportation facility.”

“Transportation services” means a business involving transit operations, taxis, shuttle services, rental cars, or similar transit-related services.

“Travel trailer” means a structure standing on wheels, towed or hauled by another vehicle, and used for short-term human occupancy, carrying of materials, goods, or objects, or as a temporary office.

“Turf” means a surface layer of earth containing mowed grass with its roots.

“Twenty-four-hour use” means a commercial use which is offered to the public for twenty-four consecutive hours.

“Twin home” means a duplex dwelling in which one or both sides are owner-occupied. Except as specifically provided for in this title, twin homes shall be regulated as duplex dwellings. (Ord. 2024-01 § 1 (Att. G); Ord. 2015-13 § 1 (Att. A); Ord. 6/16/2009O-10 § 3; Ord. 5/5/2009O-8 § 1 (Att. A); Ord. 7/11/2006O-9 § 1; Ord. 6/20/2006O-8 § 1; Ord. 3/07/2006O-1 § 1; Ord. 12/03/2002A § 1; Ord. 12-11-2001C § 2)

“Uniformity ratio” means the ratio between the average and minimum light distribution or illuminance across a given area.

“Unincorporated” means the area outside of the incorporated boundaries of cities and towns.

“Unoccupied accessory structure” means a building on the same lot as the principal building and that is:

“Upper level sign” means a sign which is located above the first level of a building.

Use, allowed. See “Allowed use.”

Use, conditional. See “Conditional use.”

Use, intensity of. See “Intensity of use.”

Use, nonconforming. See “Nonconforming use.”

Use, pre-existing. See “Pre-existing use.”

Use, prohibited. See “Prohibited use.”

Use, twenty-four-hour. See “Twenty-four-hour use.”

“Utility trailer” means an unpowered vehicle pulled by a powered vehicle used to store, transport and/or carry property, refuse, or special equipment. (Ord. 2021-19 § 1 (Att. A); Ord. 5/4/2010O-3 § 1 (Att. A); Ord. 7/11/2006O-9 § 1; Ord. 6/20/2006O-8 § 1; Ord. 12-11-2001C § 2)

“Vehicle” means a self-propelled device used for transporting persons or things, to include, but not limited to, automobiles, watercraft, motorcycles, snowmobiles, and recreation vehicles. Does not include heavy machinery.

“Vehicle assembly” means a business where finished vehicle-related parts are put together to develop a final product.

“Vehicle filling station” means a business engaged in the retail dispensing or sales of vehicular fuels; and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar vehicle accessories.

“Vehicle rental” means a business primarily engaged in the rental of vehicles.

“Vehicle repair” means a business engaged in the servicing of passenger vehicles, light and medium trucks and other consumer motor vehicles such as motorcycles, boats and recreational vehicles. “Vehicle repair” includes businesses where minor auto repair services performed may include lubrication and service of vehicles, tune-ups, transmission or muffler repair, alignment services, auto upholstery shops, auto detailing, tire sales, repair and/or mounting, and other similar repairs. “Vehicle repair” also includes major auto repair such as the removal of engines, rebuilding of engines, repair of the internal components, repair or removal of differentials or axles, and body work. “Vehicle repair” may also include uses that are often accessory to businesses engaged in the repair of vehicles such as offices, part sales, storage of merchandise, and vehicle storage when such vehicle storage is fully and adequately screened. “Vehicle repair” does not include repair and service of industrial vehicles and equipment or other heavy vehicles in excess of twelve thousand GVW, “vehicle assembly,” “manufacturing use,” auto dismantling or wrecking, salvage, “junkyards,” or similar uses. For the purposes of each zoning district, any other uses specifically listed within the particular zoning district shall not be construed as falling within this generic definition.

“Vehicle sales (minor)” means a business engaged in only the sale of operable vehicles and that displays no more than three vehicles outside and ten vehicles inside.

“Vehicle sales and service (major)” means a business primarily engaged in the sale of operable vehicles with more than three vehicles displayed outside and more than ten vehicles inside. Vehicle parts and accessories may be sold, and minor repair and installation of parts and accessories may be performed on site as part of this use.

“Vehicle sign” means a sign or advertising device attached to or located on a vehicle or trailer parked on a public right-of-way, public property or parking area with access by the general public so as to be visible from a public right-of-way for the basic purpose of directing people to a business or activity.

“Vending cart” means a small wheeled, nonmotorized device from which to sell food and/or merchandise for immediate consumption or use.

“Vertical foot candle (VFC)” means a unit of illumination produced on a vertical surface, all points of which are one foot from a uniform point source of one candle.

“Vertical mixed-use” means commercial and residential uses which are within the same building structure. (Ord. 2025-16 § 1 (Att. A); Ord. 2015-05 § 1 (Att. A); Ord. 5/5/2009O-8 § 1 (Att. A); Ord. 7/11/2006O-9 § 1; Ord. 8/10/2004O-25 § 1(6); Ord. 12-11-2001C § 2)

Wall, masonry. See “Masonry wall.”

“Wall-mounted antenna” means an antenna or series of individual antennas mounted fully against the exterior face of a building including on the face of a chimney or penthouse. A wall or face of a building is defined as the entire area of all exposed vertical surfaces of a building that are above ground and facing approximately the same direction.

“Wall sign” means a sign that is either painted on a wall or its facing and not having a sign frame or separation from the wall or facing.

“Warehousing and distribution” means an establishment primarily engaged in wholesaling, storage, distribution, and handling of materials and equipment other than live animals and plants, including limited warehousing and distribution and general warehousing and distribution.

“Water audit” means an on-site survey and measurement of irrigation equipment and management efficiency, and the generation of recommendations to improve efficiency.

“Water-conserving plant” means a plant that can generally survive with available rainfall once established although supplemental irrigation may be needed or desirable during spring and summer months.

“Water conveyance facility” means the same as that term is defined in Section 10-9a-603 of the Utah Code Annotated, as amended.

“Water conveyance facility owner” means the same as “facility owner” is defined in Section 10-9a-603 of the Utah Code Annotated, as amended.

Wetland, significant. See “Significant wetland.”

“Whip antenna” means an antenna that is cylindrical in shape. Whip antennas can be directional or omni directional and vary in size depending upon the frequency and gain for which they are designed.

“Window sign” means a sign permanently attached to an exterior window or located within a building so as to be visible through a window or a door outside of the building.

“Work trailer” means a trailer used to transport tools, equipment, or supplies for use at work. Any trailer used primarily for work-related activities is a work trailer. (Ord. 2021-17 § 1 (Att. A); Ord. 7/11/2006O-9 § 1; Ord. 6/20/2006O-8 § 1; Ord. 12/03/2002A § 1; Ord. 12-11-2001C § 2)

“Yard” means an open space on a lot, unoccupied and unobstructed from the ground upward.

Yard, front. See “Front yard.”

Yard, rear. See “Rear yard.”

Yard, side. See “Side yard.” (Ord. 7/11/2006O-9 § 1; Ord. 12-11-2001C § 2)

“Zoning district” means a portion of Midvale City, established as a zoning district by this title, within which certain uniform regulations and requirements apply; also includes “zone.”

Zoning map, official. See “Official zoning map.” (Ord. 7/11/2006O-9 § 1)