Midvale City Zoning Code

17-7-13 Clean

Industrial Zone CI

17-7-13.1 Purpose.

The purpose of the clean industrial (CI) zone is to:

A. Accommodate complementary and supporting uses such as light manufacturing, services, storage, retail, offices and parking;

B. Contribute to the character of Midvale through use of compatible materials, architectural design and details, color range, massing, lighting;

C. Prevent traffic hazard, noise, dust, fumes, odors, smoke, vapor, vibration, glare, or industrial waste disposal problems; and

D. Use landscaping and design criteria to soften the visual impact of commercial and industrial building sites and parking areas, provide safe and pleasant gathering areas, enhance community identity and encourage compatibility with community uses. (Ord. 11-20-2001 § 2)

17-7-13.2 Uses.

If a use is not specifically designated, it is prohibited. Uses designated with an asterisk (*) have additional use-specific standards included in subsection (A) of this section. Some uses have additional standards included in Chapter 17-6, Supplementary Regulations.

Type	Allowed	Administrative	Conditional	Business License
Alcoholic Beverage
Class A License	X			X
Class B License	X			X
Class C Tavern	X			X
Restaurant	X			X
Package Agency			X	X
Private Club	X			X
State Liquor Store	X			X
Animal Hospital	X			X
Assisted Living Facility
≤ 1 acre		X
> 1 acre			X
Auditorium, Assembly Hall			X	X
Cannabis Production Establishment*	X			X
Car Wash		X		X
Child Care
≤ 6 children	X			X
≥ 7 children		X		X
Commercial Repair Services	X			X
Entertainment Center			X	X
Fences
7' or less	X
7' or more		X
W/barbed or razor wire			X
Electrified Security			X
Financial Institution
W/o drive up window	X			X
W/drive up window		X		X
Golf Course, Private			X	X
Heliport			X	X
Hospital			X	X
Hotel/Motel			X	X
Itinerant Merchants
Seasonal Food Stands	X			X
Seasonal Produce Stands	X			X
Seasonal Flower Stands	X			X
Kennel, Commercial		X		X
Manufacturing Use	X			X
Medical Cannabis Pharmacy*	X			X
Mortuary/Funeral Home	X			X
Municipal Facilities
Parks		X
Public Safety Facility		X
Public Utilities
Minor		X
Major			X
Recreational Facilities		X
Trails		X
Office
General	X
Intensive			X
Outdoor Dining		X		X
Outdoor Storage		X
Parking Lot
Commercial			X	X
Private	X
Pawn Shop		X	X
Pre-Existing Landscaping	X
Pre-Existing Lighting (outdoor)	X
Pre-Existing Lot	X
Pre-Existing Structure	X
Pre-Existing Use	X
Private Club			X	X
Quasi-Public Facilities
Hospital			X	X
Schools, Private			X	X
Radio Station	X
Recreation Facility, Commercial			X	X
Recycling Center			X	X
Religious/Educational Institute
Permanent	X			X
Temporary			X	X
Restaurant
W/drive up window		X		X
W/o drive up window	X			X
Retail and Service Commercial
W/drive up window		X		X
W/o drive up window	X			X
24 hour use			X	X
Retail Tobacco Specialty Business*	X			X
Self-Service Storage Facility			X	X
Sexually Oriented Business			X	X
Shopping Center			X	X
Storage Yard		X
Telecommunications Facility		X
Transfer Station			X	X
Transportation Facilities
Minor	X
Major			X
Rental	X			X
Sales (Minor)	X			X
Sales and Service (Major)	X			X
Filling Station	X			X
Repair	X			X
Warehouse/Distribution	X

i. A cannabis production establishment use shall meet the proximity requirements as specified and amended in Section 4-41a-201 of the Utah Code Annotated.

i. An applicant for a cannabis production establishment use must provide a description of the physical characteristics of the proposed facility, including a site plan, floor plan, architectural elevations, and a security plan as part of the business license application for the use. Fencing and security devices must comply with applicable city requirements.

ii. When proximity restrictions include area in an adjacent municipality, an applicant for a cannabis production establishment use shall obtain a letter from the adjacent municipality indicating proximity restrictions within this title are satisfied based on existing uses in the area in the adjacent municipality prior to issuance of a business license.

c. Parking. A cannabis production establishment use shall be considered a manufacturing use for the purpose of calculating parking requirements.

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

i. A medical cannabis pharmacy use shall meet the proximity requirements as specified and amended in Section 26-61a-301 of the Utah Code Annotated.

i. An applicant for a medical cannabis pharmacy use must provide a description of the physical characteristics of the proposed facility, including a site plan, floor plan, architectural elevations, and a security plan as part of the business license application for the use. Fencing and security devices must comply with applicable city requirements.

ii. When proximity restrictions include area in an adjacent municipality, an applicant for a medical cannabis pharmacy use shall obtain a letter from the adjacent municipality indicating proximity restrictions within this title are satisfied based on existing uses in the area in the adjacent municipality prior to issuance of a business license.

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

i. A retail tobacco specialty business use shall meet the proximity requirements as specified and amended in Section 10-8-41.6 of the Utah Code Annotated.

i. When proximity restrictions include area in an adjacent municipality, an applicant for a retail tobacco specialty business use shall obtain a letter from the adjacent municipality indicating proximity restrictions within this title are satisfied based on existing uses in the area in the adjacent municipality prior to issuance of a business license. (Ord. 2025-16 § 1 (Att. A); Ord. 2025-14 § 1 (Att. A); Ord. 2025-06 § 1 (Att. A); Ord. 2024-27 § 1 (Att. A); Ord. 2024-16 § 1 (Att. A); Ord. 2021-15 § 1 (Att. A); Ord. 2020-02 § 1 (Att. A); Ord. 2016-15 § 1 (Att. A); Ord. 2015-12 § 1 (Att. A); Ord. 2015-05 § 1 (Att. A); Ord. 2014-04 § 1 (Att. A); Ord. 2012-08 § 1 (Att. A); Ord. 2012-04 § 1 (Att. A); Ord. 2011-11 § 1 (Att. A); Ord. 2/2/2010O-1 § 1(2); Ord. 5/5/2009O-8 § 1 (Att. A); Ord. 1/06/2009O-2 § 1; Ord. 8/10/2004O-25 § 1(7); Ord. 3-19-2002A § 1(1); Ord. 11-20-2001 § 2)

17-7-13.3 Development standards.

The following standards apply to all new development in the zone:

A. Lot Size. There is no minimum lot size.

B. Impervious Surface. Impervious surfaces shall cover no more than fifteen percent of a required front yard setback.

C. Build-To Line. The front yard setback is the build-to line. A minimum of fifty percent of the front elevation must be built within three feet of the build-to line.

D. Setbacks. The following setbacks apply to all new development in the zone:

1. Front. The minimum front yard setback is twenty feet. Corner lots have two front yards and two side yards.

2. Side. There is no side setback requirement, except as required by the International Building Code and landscaped buffers.

3. Rear. There is no rear setback requirement, except as required by the International Building Code and landscaped buffers.

E. Height. The maximum height for the zone is forty-five feet for a pitched roof or forty-two feet for a flat roof, and may extend up to seventy-five feet for portions of the structure more than one hundred feet from a single-family residential zoning district.

F. Lot Coverage. The maximum lot coverage by buildings is sixty percent of the lot area.

G. Access Management. All new development and an expansion by more than twenty-five percent of an existing building mass or site size shall comply with the following access management standards:

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

2. All newly installed driveways for commercial uses shall align with any existing commercial access across the street. The planning commission may allow deviations to the requirement, provided the city engineer finds the driveway to be acceptable based on but not limited to access placement, traffic generated, and pedestrian and vehicular circulation.

3. New development or conversion of an existing residential use to a commercial use shall not propose parking in such a way that users may be allowed to back onto public rights-of-way.

4. Existing nonconforming driveways within the zone shall be retired upon construction of a new building or the expansion of the area of an existing building or site by twenty-five percent or more.

5. Shared driveways between and among parcels are encouraged and allowed if the parties execute and record an easement, or a deed of dedication, in a form approved by the city attorney to ensure access in perpetuity for both parcels.

H. Except for ordinary repairs and maintenance of lighting approved and installed after January 2, 2002, all new development must comply with the following outdoor lighting standards:

1. Light Source. Light sources shall be at least as efficient as LED and no greater than four thousand K in correlated color temperature (CCT). Light levels shall be designed such that light trespass measured at the property line does not exceed 0.01 foot-candles. Light fixtures shall use a cutoff luminaire that is fully or partially shielded with no light distributed above the horizontal plane of the luminaire or into nearby residential structures. In no case shall the total lumens emitted for a single site exceed one hundred thousand lumens per acre.

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

i. Luminaire mounting height is measured from the parking lot or driveway surface and may range from ten feet to thirty feet, based on review of site plan, proposed land uses, surrounding land uses, parking area size, building mass, topography of site, and impacts on adjacent properties.

ii. Poles and fixtures shall be black, dark brown, or another neutral color approved by the community development director.

iii. All attempts shall be made to place the base of light poles within landscape areas.

iv. Light poles in parking areas shall not exceed thirty feet in height. Poles exceeding twenty feet in height are appropriate only for parking areas exceeding two hundred stalls and not in close proximity to residential areas.

a. Wall-mounted lighting fixtures shall not be located above eighteen feet in height unless being used as building accent lighting. Fixture styles and finishes shall complement the building exterior.

b. Lighting located along pedestrian pathways or in areas primarily dedicated to human activity shall be bollard style lighting or down-directed lighting not to exceed twelve feet in height. Pedestrian lighting shall be coordinated through each project and shall complement adjacent projects to the greatest extent practical.

c. In order to avoid light pollution, backlit awnings, up-light spotlights, and floodlights are prohibited.

d. Street lighting shall either be chosen from the city’s approved streetlight list or installed to match a theme set by developments within the zone or neighborhood.

4. Upgrading Preexisting Lighting. An applicant must bring preexisting lighting into compliance with this code upon application with the business license department for a change in ownership, new business in a stand-alone structure or in a multi-tenant structure in which the new business utilizes more than fifty percent of the building square footage on the site, in conjunction with an application for a building permit for any alteration, remodel or expansion of any structure on the site, or in conjunction with changes to the approved site plan.

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

a. Plans indicating the location on the premises, and the type of illumination devices, fixtures, lamps, supports, reflectors, installation and electrical details;

b. Description of illuminating devices, fixtures, lamps, supports, reflectors, and other devices that may include, but is not limited to, manufacturer catalog cuts and drawings, including section where required; and photometric data, such as that furnished by manufacturers, or similar showing the angle of the cutoff or light emission; and

c. A point-by-point light plan to determine the adequacy of the lighting over the site. (Ord. 2021-02 § 1 (Att. E); Ord. 2019-06 § 1 (Att. B); Ord. 2011-01 § 1 (Att. A); Ord. 8/24/2010O-7 § 1 (Att. A); Ord. 11-20-2001 § 2)

17-7-13.4 Architectural standards.

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

A. Walls. No more than three materials shall be used for primary wall surfaces. Exterior finishes shall be of traditional, time- and weather-tested techniques. Retaining walls shall be of materials complementary to the building’s materials. Wall colors may range from earth tones to colors with some white and gray. Trim around openings may be accent colors. No other wall colors are allowed.

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

C. Fences, Hedges and Walls. The following standards apply to new development of fences, hedges and walls.

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

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

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

c. Reserved;

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

e. No barbed wire or other sharp, pointed, or electrically charged fence may be erected or maintained. The following exceptions are allowed:

i. A temporary fence on a construction site to protect the property during the period of construction may be topped with barbed wire or razor wire where the barbed wire or razor wire is not less than eight feet above the ground and does not extend more than two feet above the temporary fence.

ii. A permanent fence may be topped with barbed wire or razor wire where evidence is presented that a higher degree of security is required because of the use and/or the environment. A conditional use permit is required for this type of fence. See specific review criteria in Section 17-7-13.9(B).

2. Height. No fence or wall may exceed seven feet in height, four feet in height from the front of the primary structure forward, or three feet in the sight distance triangle, measured as follows:

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

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

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

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

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

D. Reserved.

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

F. Miscellaneous. Security devices shall have materials and colors that complement the building’s material. Accessory structures shall be architecturally compatible with the primary development. Satellite dishes over eighteen inches shall not be placed in front yards.

Materials	Configurations	Techniques
Walls
Building Walls: Pre-cast concrete, brick, split face or scored CMU, stone, granite, ceramic tile, architectural metals and nonreflective glass. Limited amounts of stucco/masonite. ≤ 3 materials shall be used for the primary wall surfaces on a building or fence. Retaining Walls: Shall be of materials and color complementary to the building’s materials.	Traditional, time- and weather-tested materials. Traditional, time- and weather-tested materials.	Earth tones, to colors with some white and gray tones. Trim around openings may be in an accent color. Earth tones, to colors with some white and gray.
Roofs
Roofs & Dormers: All the roofs and dormer roofs of a building shall be constructed of the same material. Cornices & Trim: Shall be made with a material and color complementary to building.	Slopes of roofs shall be of equal pitch when a gable or hip roof is employed.	Metal roofs must have a subdued color. Painted shingles are prohibited.
Elements
Entry Porches: Front steps shall be constructed of durable material. Miscellaneous: Security devices shall have materials and colors that complement the building’s material. Accessory structures shall be compatible with the primary structure.	Satellite dishes over 18'' shall not be placed in front yards. Awnings shall not be backlit.	External lights shall be located and used to avoid light trespass.
Yards
Yard Walls & Fences: Shall be of materials and color complementary to the building’s materials.	Max. height on lot is 7'. Max. height from front of primary structure forward is 4'. Max. height in clear view triangle is 3'.	Masonry wall shall be at least 8'' thick and capped by a weather protection top course.
Driveways & Parking: Curbs shall be concrete or asphalt.		Storage yards shall be screened and have paved surfaces.

(Ord. 2019-06 § 1 (Att. B); Ord. 2016-15 § 1 (Att. A); Ord. 1/06/2009O-2 § 1; Ord. 11-20-2001 § 2)

17-7-13.6 Landscaping.

The following landscaping standards apply to all new development and to the expansion by more than twenty-five percent of an existing building mass or site size in the zone:

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

1. Minimum Landscaped Area. The applicant shall landscape fifteen percent of the interior of the proposed development area. The applicant must landscape a minimum of ten feet between the side yard or rear yard and the abutting property line when the side or rear yard is in public view.

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

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

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

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

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

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

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

4. Criteria for Reduced Landscaping. To encourage design excellence, the community and economic development director may decrease the minimum landscaped area, upon the following criteria:

a. Professionally designed landscaping, designs of special merit, xeriscaping and preserving existing mature, “healthy,” and desirable tree species are highly encouraged and considered in an applicant’s request to reduce required landscaping.

b. The community and economic development director may grant a reduction of an applicant’s landscape requirement by a total of up to twenty-five percent upon an applicant’s demonstration of the criteria listed below:

i. Professionally Designed Landscaping. Up to ten percent if the applicant implements a landscaping plan designed and prepared by a licensed landscape architect.

ii. Landscape Designs of Special Merit. Up to twenty percent if the overall landscape design is of special design merit. Special design merit is interpreted to include but not be limited to such things as utilizing unique or rare plant species, civic art such as sculpture, and features using recycled water.

iii. Existing Mature Trees. Up to twenty-five percent if the applicant proposes to save and integrate existing mature trees into required landscape areas. For each tree greater than two inches of caliper size, one-half of one percent of the total landscaped area requirement can be subtracted with a maximum of five percent for each tree.

iv. Berms. Up to ten percent through the use of berms, according to the following specifications. For parking lots adjacent to any public right-of-way, seventy percent of the street-side landscaping requirement shall be in the form of a berm for screening. The berm shall have a slope of one foot high per four feet wide with a maximum height of four feet.

5. Irrigation/Planting Plan. The applicant must submit a landscape plan documentation package. The landscape documentation package shall be submitted to and approved by the city prior to the issue of any permit. A copy of the approved landscaped documentation package shall be provided to the property owner or site manager. The landscape plan documentation package shall consist of the following items:

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

(A) Project name and address;

(B) Applicant or applicant’s agent’s name, address, phone and fax number;

(D) Landscape contractor’s name, address, phone and fax number, if known.

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

(A) Location of all plant materials, a legend with botanical and common names, and size of plant materials;

(B) Property lines and street names;

(D) Existing trees and plant materials to be removed or retained;

(E) Designation of landscape zones; and

(F) Details and specification for tree staking (trees less than a two-inch caliper must be double staked until the trees mature to two-inch caliper), soil preparation, and other planting work.

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

(A) Layout of the irrigation system and a legend summarizing the type and size of all components of the system;

(B) Static water pressure in pounds per square inch (psi) at the point of connection to the public water supply;

(C) Flow rate in gallons per minute and design operating pressure in psi for each valve and precipitation rate in inches per hour for each valve with sprinklers; and

(D) Installation details for irrigation components.

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

(A) Property lines and street names, existing and proposed buildings, walls, fences, utilities, paved areas and other site improvements;

(B) Existing and finished contour lines and spot elevations as necessary for the proposed site improvements;

i. Plant Selection. Plants selected for landscape areas shall consist of plants that are well suited to the microclimate and soil conditions at the project site. Plants with similar water needs shall be grouped together as much as possible. For projects located at the interface between urban areas and natural open space (nonirrigated), extra-drought tolerant plants shall be selected that will blend with the native vegetation and are fire resistant or fire retardant. Plants with low fuel volume or high moisture content shall be emphasized. Plants that tend to accumulate excessive amount of dead wood or debris shall be avoided. Areas with slopes greater than thirty-three percent shall be landscaped with deep-rooting, water-conserving plants for erosion control and soil stabilization. Parking strips and other landscaped areas less than four feet wide shall be landscaped with water-conserving plants.

ii. Mulch. After completion of all planting, all irrigated nonturf areas shall be covered with a minimum four-inch layer of mulch to retain water, inhibit weed growth, and moderate soil temperature. Nonporous material shall not be placed under the mulch.

iii. Soil Preparation. Soil preparation will be suitable to provide healthy growing conditions for the plants and to encourage water infiltration and penetration. Soil preparation shall include scarifying the soil to a minimum depth of six inches and amending the soil with organic material as per specific recommendations of the landscape designer based on the soil conditions.

iv. Turfgrass. Plan shall delineate turfgrass areas and include a calculation (%) of irrigated turfgrass not to exceed fifty percent of the landscaped areas. Turf areas shall be on a separate irrigation zone from other landscape zones.

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

i. Pressure Regulation. A pressure-regulating valve shall be installed and maintained by the consumer if the static service pressure exceeds eighty pounds per square inch (psi). The pressure-regulating valve shall be located between the meter and the first point of water use, or first point of division in the pipe, and shall be set at the manufacturer’s recommended pressure for the sprinklers.

ii. Automatic Controller. All irrigation systems shall include an electric automatic controller with multiple program and multiple repeat cycle capabilities and a flexible calendar program. All controllers shall be equipped with an automatic rain shut-off device, and the ability to adjust run times based on a percentage of maximum Eto.

iii. On slopes exceeding thirty-three percent, the irrigation system shall consist of drip emitters, bubblers or sprinklers with a maximum precipitation rate of 0.85 inches per hour and adjusted sprinkler cycle times to eliminate runoff.

iv. Each valve shall irrigate a landscape with similar site, slope and soil conditions and plant materials with similar watering needs. Turf and nonturf areas shall be irrigated on separate valves. Drip emitters and sprinklers shall be placed on separate valves.

v. Drip emitters or a bubbler shall be provided for each tree unless located in a turf area. Bubblers shall not exceed one and one-half gallons per minute per device. Bubblers for trees shall be placed on a separate valve unless specifically exempted by the city due to the limited number of trees on the project site.

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

vii. Check valves shall be required where elevation differences will cause low-head drainage. Pressure compensating valves and sprinklers shall be required where a significant variation in water pressure will occur within the irrigation system due to elevation differences.

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

ix. Valves with spray or stream sprinklers shall be scheduled to operate between six p.m. and ten a.m. to reduce water loss from wind and evaporation.

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

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

i. As part of the site plan approval process, a copy of the landscape plan documentation package shall be submitted to the city for review and approval.

ii. Following construction and prior to issuing the approval for occupancy, an inspection shall be scheduled with the planning department to verify compliance with the approved landscape plans.

iii. The city reserves the right to perform site inspections at any time before, during or after the irrigation system and landscape installation, and to require corrective measures if requirements of this section are not satisfied.

6. Vegetation Protection. The property owner must protect existing significant vegetation during any development activity. Development plans must show all significant vegetation within twenty feet of a proposed development. Prior to certificate of occupancy, the property owner must demonstrate the health and viability of all large trees through a certified arborist.

7. Removal. No landscaping may be removed without replacement of equal or better quality. This shall include the installation of healthy plant materials as well as a tree for tree replacement as governed by this section.

8. Residential Buffer. New development shall provide a landscaped buffer to separate residential uses from commercial and industrial uses.

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

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

9. Street Frontage Tree Requirements. An applicant shall provide at least one street tree for each thirty lineal feet of frontage. Street frontage trees may be clustered or spaced linearly in the park strip as provided in an approved landscape plan, and shall include trees from the city’s approved street tree list.

10. Minimum Number of Trees. A minimum of one tree for every four hundred square feet of landscaping is required for all areas that are not on street frontage or adjacent to residential areas.

11. Landscaped Setback from Edge of Public Right-of-Way. The landscaped setback from the edge of a public right-of-way shall be twenty feet.

12. Crime Prevention Through Environmental Design (CPTED). The plan must demonstrate how CPTED principles will be used in the design and layout of buildings, streets, accesses and open space areas. Design shall promote natural surveillance, access control, territorial reinforcement, sense of ownership, and maintenance. CPTED landscaping guidelines shall be used, including planting shrubs with a maximum height of three feet and trees with a proper ground clearance of six feet above walkways and sidewalks and eight feet above vehicular travel and parking lanes. To encourage public safety through natural surveillance, natural access control, and territorial reinforcement, blank walls are not permitted adjacent to streets, pedestrian areas, and open space amenities. Symbolic barriers, such as low lying fences/walls, landscaping and signage shall be used to discourage crime and to promote safety. Ground floor parking garages shall not be permitted immediately adjacent to streets. Developments shall have street side building elevations, with extensive windows, and with balconies, decks or landscape terraces encouraged.

13. Upgrading Pre-Existing Landscaping. The applicant must bring pre-existing landscaping into compliance with this code upon an increase of more than twenty-five percent of the current building mass or site size.

Area	Requirement	Specifications
Front	20' landscaped setback	• 1 tree per 30' (linear) of frontage • Trees may be clustered • Deciduous trees, 2'' caliper minimum • Evergreen trees, 6' minimum height
Side	10' landscaped setback in public view	• 1 tree per 400 s.f. • Deciduous trees, 2'' caliper minimum • Ornamental trees, 1.5'' caliper minimum • Evergreen trees, 4' minimum height
Rear	10' landscaped setback in public view	• 1 tree per 400 s.f. • Deciduous trees, 2'' caliper minimum • Ornamental trees, 1.5'' caliper minimum • Evergreen trees, 6' minimum height
Parking • > 4 ≤ 10 stalls • > 10 stalls • > 15 stalls	Perimeter landscaping of at least 5' in width Min. of 10% interior landscaping. A landscaped island for every 15 spaces; perimeter landscaping of at least 5' in width and a minimum of 10% interior landscaping	For all parking areas: • Deciduous trees, 2'' caliper minimum • Ornamental trees, 1.5'' caliper
Overall Site	15% of site to be landscaped	• 25% of landscaping must be evergreen • 25% of landscaping may be substituted with specialty paving, street furniture and outdoor seating • All irrigation shall be automatic
Residential Buffer	30' between residential and commercial uses	• Minimum 1 tree for every 250 s.f. of buffer area • Minimum 6' masonry wall between commercial and residential uses

(Ord. 2016-15 § 1 (Att. A); Ord. 12/03/2002A § 1; Ord. 11-20-2001 § 2)

17-7-13.7 Parking requirements.

An applicant for new development must provide off-street parking with adequate provisions for independent ingress and egress by automobiles and other motorized vehicles. If any land, structure, or use is changed to create more off-street parking demand, the owner must provide additional off-street parking for the new use as required by this chapter. Required parking must be on site unless the planning commission allows such parking on adjacent or nearby deed-restricted lots. Off-street parking shall meet the following standards:

A. Driveway Widths and Parking Lot Standards. The following driveway width dimensions and parking lot standards apply to all new development and to the expansion by more than twenty-five percent of an existing building mass or site size. The city engineer may approve minor variations (equal to or less than ten percent) in driveway width and spacing.

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

a. If a parking lot or driveway to a parking lot is proposed to abut a residential use, the applicant must screen the lot or drive and provide adequate sight distance triangle.

b. Required Landscaping. The following landscaping standards apply to new development:

i. Parking areas with more than four stalls must have perimeter landscaping of at least five feet in width;

ii. Parking areas with over ten stalls must have a minimum of ten percent interior landscaping, and perimeter landscaping of at least five feet in width;

iii. Parking areas with over fifteen spaces shall provide landscaped islands at the end of each parking row, an island for every fifteen spaces, perimeter landscaping of at least five feet in width, and a minimum of ten percent interior landscaping.

2. Driveway Standards. For all new development, driveways shall comply with the following standards:

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

b. Commercial driveways that exceed fifteen feet in width at the lot frontage must be separated by a landscaped area of at least twelve feet in width and ten feet in depth.

c. Commercial Requiring Five or More Parking Spaces. The minimum two-way drive width is twenty-four feet. The maximum two-way drive width is thirty-six feet.

d. Commercial Requiring Four or Fewer Parking Spaces. The minimum two-way drive width is twenty feet. The maximum two-way drive width is thirty feet.

3. Spacing. New development shall provide the following:

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

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

c. Deviations. The city engineer may approve minor (equal to or less than ten percent) spacing deviations.

Street Classification	Minimum Spacing Between Driveways (feet)	Minimum Spacing From Intersection (feet)
Local	15	50
Collector	50	75
Arterial	75	150

Street
Classification

Minimum Spacing Between Driveways

(feet)

Minimum Spacing From Intersection

(feet)

Local

Collector

Arterial

150

B. Parking Garages and Structures. Parking within a parking garage or structure requires:

1. Aisle. The minimum aisle width is twenty-four feet.

2. Circulation. The parking structure must be designed to ensure that each required parking space is readily accessible, usable and safe for automobiles and pedestrians.

3. Location. The parking structure shall not be located on a street frontage.

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

C. Parking Ratio Requirements for Specific Land Use Categories. All new development shall provide parking according to the following standards. If a project incorporates two uses, the use requiring higher number of parking spaces shall govern. Whenever the calculation results in a fractional number, the number of spaces required must be rounded up to the next whole number.

Uses	Parking Ratio Requirement (Number of Spaces)
Assisted Living Facility	1 per 2 bedrooms plus 1 per employee per shift, or 2 per 3 employees per shift, whichever is greater
Auditorium	1 per 5 seats or 3 per 100 s.f. of assembly area
Child Care Facility/Center	1 per on-duty staff per shift and 1 per 6 children
Construction Services	1 per 400 s.f. of office space and 1 for each vehicle used in conducting the business
Entertainment Center	1 per 4 seats or 5 per 1,000 s.f. of floor area, depending on type of facility
Financial Institution	3 per 1,000 s.f. of net leasable floor area
Heliports	As determined by the planning commission, based on traffic generation study
Hospital	3 per bed
Hotel/Motel	1 per room or suite and 1 per 200 s.f. of separately leasable commercial space
Manufacturing	1 per employee in the largest shift plus 1 for each vehicle used in conducting the business
Offices, General	3 per 1,000 s.f. of leasable floor area
Offices, Intensive and Clinical, Medical	5 per 1,000 s.f. of leasable floor area
Public and Quasi-Public Institution, Church, School; Public Utility Uses; and Cemetery	The greatest of: 1 per 5 seats, 2 per 3 employees, or 1 per 1,000 s.f. of floor area
Recreation Facility, Commercial	The greatest of: 1 per 4 seats; 5 per 1,000 s.f. of floor area; or 1 per 3 persons rated capacity. For tennis- and pickleball-only facilities: 7 per court
Medical Cannabis Pharmacy/Retail Tobacco Specialty Business	3 for each 1,000 s.f. of net leasable floor area
Retail & Service Commercial	5 for each 1,000 s.f. of net leasable floor area
Restaurant, Standard and Bar	1 for every 100 s.f. of net leasable floor area, including kitchen areas
Restaurant, with Drive-up	5 per 1,000 s.f. of net leasable floor area
Shopping Centers/Multi-Tenant Retail	3.5 per 1,000 s.f. of net leasable floor area
Storage Facility	1 for every 2 employees in the largest shift plus 1 for each vehicle used in conducting the business
Temporary Construction Sites	1 for every 2 employees in the largest shift plus 1 for each vehicle used in conducting the business
Warehouse	1 per 1,000 s.f. of floor area
Wholesale Establishments	1 for every 2 employees in the largest shift plus 1 for each vehicle used in conducting the business and wholesale, storage uses at 1 per 1,000 s.f. of floor area

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

1. Surfacing. Parking areas and driveways must be hard-surfaced, maintained in good condition, and clear of obstructions at all times.

2. Parking Space Dimensions. All new commercial development shall provide parking spaces of the following minimum dimensions. The city engineer may approve minor (equal to or less than ten percent) variations in parking space dimensions.

a. Parking spaces must be nine feet wide by eighteen feet long;

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

c. Compact spaces with dimensions of nine feet wide by sixteen feet long may be provided. These spaces are not code spaces for the purpose of satisfying parking requirements.

3. Grading and Drainage. Parking shall be graded and constructed as follows:

a. Parking areas must be graded for proper drainage, with surface water diverted to keep the parking area free of accumulated water and ice;

b. Adequate control curbs must be installed to control drainage and direct vehicle movement;

c. Parking area drainage must be detained on-site, treated (if required by NPDES), and channeled to a storm drain or gutter as approved by the city engineer;

d. Driveways may not exceed a ten percent slope.

4. Street Access and Circulation. New commercial development shall provide the following:

a. Off-Street Parking. Off-street parking areas must have unobstructed access to a street or alley. The parking area design for five or more vehicles must not encourage cars to back onto adjoining public sidewalks, parking strips, or roadways. With the exception of permitted tandem parking, parking spaces shall be independently accessible and unobstructed.

b. Corner Lots. No landscape obstruction is allowed in excess of two feet in height above street grade within the sight distance triangle. A reasonable number of trees with lower branches pruned to six feet to permit automobile drivers and pedestrians an unobstructed view of the intersection may be allowed by administrative permit.

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

d. Drive-Through Developments. Applicants for all drive-up or drive-through service windows or facilities must provide sufficient stacking space for vehicles waiting for service, to prevent vehicles from waiting in the right-of-way.

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

f. Off-Street Loading Spaces. Every structure that is to be used for any purpose which involves the receipt or distribution of materials or merchandise by vehicle must provide and maintain adequate space for standing, loading, or unloading services off-street.

i. All such loading areas or berths shall be located so that no vehicle loading or unloading merchandise or other material shall be parked in any front yard or in any street or right-of-way.

ii. Loading docks and loading areas must be screened from adjoining property and public rights-of-way.

E. Reserved.

F. Parking Lot Use. A parking lot shall only be constructed for uses allowed within the zone in which it is located. (Ord. 2025-16 § 1 (Att. A); Ord. 2025-06 § 1 (Att. A); Ord. 2025-02 § 1 (Att. A); Ord. 2021-15 § 1 (Att. A); Ord. 2019-06 § 1 (Att. B); Ord. 2015-05 § 1 (Att. A); Ord. 7/11/2006O-10 § 1 (Exh. A and C); Ord. 3/18/2003O-2 § 1; Ord. 11-20-2001 § 2)

17-7-13.8 Utilities.

All utilities within the proposed development shall be buried. The owner shall install conduit within the development’s proposed right-of-way for the eventual burial of overhead utilities throughout the zoning district. If the planning commission finds, upon the review and recommendation of the city engineer, that such installation is not feasible at the time of development, the applicant shall bond for the future installation of conduit. All underground conduit shall be installed in conformance with city standards as identified in City Construction Standards and Specifications. (Ord. 11-20-2001 § 2)

17-7-13.9 Conditional use standards of review.

The city shall not issue a conditional use permit unless the community and economic development department, in the case of an administrative conditional use, or the planning commission, for all other conditional uses, concludes that the application mitigates adverse impacts and complies with the following general standards applicable to all conditional uses, as well as the specific standards for the use.

A. General Review Criteria. An applicant for a conditional use in the zone must demonstrate:

1. The application complies with all applicable provisions of this title, state and federal law;

2. The structures associated with the use are compatible with surrounding structures in terms of use, scale, mass and circulation;

3. The use is not detrimental to the public health, safety and welfare;

4. The use is consistent with the general plan, as amended;

5. Traffic conditions are not adversely affected by the proposed use including the existence of or need for dedicated turn lanes, pedestrian access, and capacity of the existing streets;

6. Sufficient utility capacity;

7. Sufficient emergency vehicle access;

8. Location and design of off-street parking as well as compliance with off-street parking standards provided for in Section 17-7-13.8;

9. Fencing, screening, and landscaping to separate the use from adjoining uses and mitigate the potential for conflict in uses;

10. Compatibility of the proposed mass, bulk, design, orientation, and location of the structures on the site; including compatibility with buildings on adjoining lots and to the street;

11. Exterior lighting that complies with the lighting standards of the zone and is designed to minimize conflict and light trespass with surrounding uses; and

12. Within and adjoining the site, impacts on the aquifer, slope retention, flood potential and appropriateness of the proposed structure to the topography of the site.

B. Specific Review Criteria for Certain Conditional Uses. In addition to the foregoing, the community and economic development department and planning commission must review each of the following criteria when considering approving or denying an application for each of the following conditional uses:

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

i. City business license application, to be finalized upon approval;

ii. Compliance with state, federal and local law; and

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

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

i. The maximum number of residents shall be:

(A) Eight for structures fronting on public streets smaller than collector streets; and

(B) Sixteen for structures fronting on public streets considered collector streets or larger.

ii. A complete application shall include:

(A) A design, residential in character and architecturally compatible with the neighborhood, which adequately screens the use from neighboring lots and complies with Utah Department of Health standards;

(B) An outdoor lighting plan which adequately screens lighting to mitigate its impact on surrounding uses;

(C) A delivery, traffic and parking plan which adequately mitigates the adverse impacts of increased traffic generation on the neighborhood in which it is located. The parking plan should propose parking appropriate to the proposed use of the facility, which plan may propose parking below the standards listed in Section 17-7-13.7;

(D) Demonstrate proof of compliance with state license for assisted living/senior housing/congregate care or equivalent facility.

c. Sexually Oriented Business. The purpose and objective of this subsection is to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses or their location in areas deleterious to the health, safety and welfare of the city, and to prevent inappropriate exposure of such businesses to the community. This subsection regulates the time, place, and manner of the operation of sexually oriented businesses, consistent with the United States and Utah State Constitutions. See also Chapter 5.12 of this code (Sexually Oriented Businesses).

i. No sexually oriented business may be located within five hundred feet of any:

(A) School, day care facility, cemetery, public park, library, or religious institution;

(B) Residential zoning boundary;

(D) Other sexually oriented business.

ii. For the purposes of this subsection, distance is measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which the sexually oriented business is located and:

(A) The closest exterior wall of another sexually oriented business;

(B) The closest property line of any school, day care facility, public park, library, cemetery or religious institution; and

d. Permanent Fence Topped with Barbed Wire or Razor Wire. Each application for a permanent fence topped with barbed wire or razor wire must comply with the following:

i. Evidence must be presented showing that a higher degree of security is required than can be provided by a standard fence.

ii. Barbed wire must be attached at the top of the fence not less than six feet high. Razor wire must be attached at the top of the fence not less than eight feet high.

iii. An arm must be used to attach the barbed wire or razor wire to the fence. This arm must slant inward at a minimum twenty degree angle from the vertical line of the fence.

iv. A maximum of three strands of barbed wire or razor wire can be used.

v. Electrified fencing materials are prohibited.

vi. The use of barbed wire and razor wire is prohibited within front yard setback areas.

e. Self-Service Storage Facility. Each application for a self-service storage facility must comply with the following. The intent of these standards is to ensure the use does not negatively impact the surrounding community through its operation and appearance, while allowing utilitarian type standards in the interior of the facility.

i. Interior Access Storage Unit Buildings. Interior access buildings include individual storage units that are accessible from interior common corridors only; there is no direct access into the storage units from the outside of the building. Self-service storage facilities with interior access storage unit buildings shall comply with the following standards:

(A) Buildings may be single- or multistory and must comply with the height standards of the clean industrial zone.

(B) All development standards in Sections 17-7-13.3 through 17-7-13.8 and 17-7-13.10 are applicable.

(C) On-Site Manager. An office for an on-site manager shall be provided. A manager shall be available on site during operating hours.

(D) Hours of Operation. Hours of operation for the self-service storage facility shall be limited between six a.m. and ten p.m. daily. Customers shall not be allowed to access storage units beyond this time period and the facility shall be secured. Signs shall be posted and information provided in rental agreements.

ii. Exterior Access Storage Unit Buildings. Exterior access buildings include individual storage units that are accessible from the outside of the building, including drive-up and walk-up doors. Self-service storage facilities with exterior access storage unit buildings and outdoor storage shall comply with the following standards:

(A) Office Building Component. A prominent office building component, as viewed from the public road, is required as part of the self-service storage facility use. The office building shall include space for an on-site manager, and may include a dwelling unit for an on-site manager. The office building shall comply with the architectural standards in Section 17-7-13.4. All storage unit buildings and outdoor storage areas shall be constructed behind the rear wall of the office building.

(B) Height. Storage unit buildings shall be single-story with a maximum height of twenty-five feet. Storage unit buildings constructed on the property perimeter shall not exceed ten feet in height.

(C) Exterior Colors. Building wall, roof and door colors shall be earth tone colors and may include some white and gray tones. Intense accent colors are prohibited, including bright primary colors regardless of corporate standards or preferences.

(D) Screening. Storage unit doors must be screened or located so they are not visible from the street or residential properties. Storage unit doors shall not directly face a street.

(E) Circulation. Units and drive aisles shall be designed and located to comply with fire and building code requirements, and allow vehicles to navigate around vehicles parked at storage units.

(F) Perimeter Wall. An eight-foot-high decorative masonry wall shall be constructed along the perimeter of the storage and storage unit area. The rear and sides of storage unit buildings may be used in place of the required wall, provided architecturally treated masonry materials are used and the planning commission determines the additional height does not negatively impact the adjacent land use. Walls and buildings shall be earth tone colors and compatible with area development. No storage unit building or perimeter wall shall be located closer than thirty feet from the public right-of-way.

(G) Gates. Decorative wrought iron gates shall be used for access into the self-storage facility. Gates shall be painted in a subdued color that coordinates with the rest of the development. The access drive design and gate location shall allow for adequate vehicle stacking for a minimum of two trucks with trailers without impeding pedestrians and motorists in the public right-of-way and business access and parking.

(H) Parking. Parking for the office use(s) plus five spaces for self-service storage facility customers shall be located outside the gated area. This parking shall comply with the parking standards in Section 17-7-13.7. A minimum twenty-foot landscape setback from the public right-of-way is required for all parking areas.

(I) Landscaping. Landscaping shall be required in areas and locations that benefit the community. The amount of required landscaping shall be determined by the planning commission; however, landscaped areas and buffers are required, at a minimum: (1) within the required setback from the public right-of-way; (2) at the project entrance; and (3) other locations as determined by the planning commission. With the exception of the minimum landscaped area requirement in Section 17-7-13.6, the landscape plan shall comply with all other landscaping and irrigation standards in this section.

(J) Reserved.

(K) Full-Time Live-In Manager. A full-time live-in manager is allowed, but not required. A manager’s residence may be located within the required office building or within a stand alone structure that is coordinated within the development area. At least one parking space shall be provided solely for the residence. A stand alone structure shall be compatible with the self-service storage facility with regard to building height and exterior materials. A manager shall be available on site during operating hours.

(L) Hours of Operation. Hours of operation for the self-service storage facility shall be limited between six a.m. and ten p.m. daily. Customers shall not be allowed to access their storage units beyond this time period and the facility shall be secured. Signs shall be posted and information provided in rental agreements.

iii. Outdoor Storage Areas. Outdoor storage areas may be included as part of a self-service storage facility use with the following standards:

(A) Outdoor storage is considered a secondary use to the storage unit buildings and may not occur on its own.

(B) The area used for outdoor storage shall not exceed fifteen percent of the development area.

(C) The outdoor storage area shall be completely screened from outside the property by storage unit buildings or perimeter walls as required in subsection (B)(1)(e)(ii)(F) of this section.

(D) The outdoor storage area shall be surfaced with asphalt, recycled asphalt or concrete.

(E) The outdoor storage area may be used for the private storage of vehicles, as defined in Section 17-2-22.

The storage of hazardous materials; wrecked, junk or impounded vehicles; construction materials; and discarded or unusable items is prohibited.

(F) Items stored within twenty feet of a perimeter wall may not exceed the height of the wall.

iv. Additional Standards and Conditions. The following standards and conditions shall apply to all self-service storage facilities:

(A) No water or sewer shall be provided in individual storage units. Electrical service to individual units shall be for lighting and climate control only; no electrical outlets shall be provided.

(B) A security plan which adequately mitigates any adverse impacts associated with this use shall be reviewed and approved by Midvale City public safety, and implemented by the business owner.

(C) Facilities shall be maintained in a clean and orderly fashion at all times. Items shall not be stored in drive aisles or parking areas; all junk and debris shall be removed as soon as possible.

(D) Facilities shall not be used for any type of sales activities, i.e., auctions, garage/yard sales, sale of retail or wholesale merchandise, etc.

(E) The storage of flammable or explosive material; material which creates obnoxious dust, odor or fumes; or hazardous waste is prohibited.

f. Electrified Security Fence. Each application for an electrified security fence must comply with the following:

i. Evidence must be presented showing that a higher degree of security is required that cannot be provided by a standard fence.

ii. Electric fences shall be constructed and installed in conformance with the specifications set forth in International Electro Technical Commission (IEC) Standard No. 60335-2-76.

iii. The energizer for electric fences must be driven by a commercial storage battery not to exceed twelve volts DC. The storage battery may be charged by a solar panel, augmented by a commercial trickle charger.

iv. No electric fence shall be installed or used unless it is completely surrounded by a nonelectrical fence or wall that is not less than six feet in height. The electric fence shall be located a maximum distance of twelve inches inside the perimeter fence or wall. It shall be the responsibility of the property owner to ensure weeds and debris do not accumulate between the nonelectrical fence or wall and electrical fence. Where the perimeter fence is constructed of concrete or a masonry product, the electric fence may be attached to the top of the fence or wall with brackets, provided the overall height of the fence does not exceed ten feet, the electrical fence does not extend beyond the outside perimeter fence or wall, and no portion of the electric fence is greater than twelve inches from the nonelectrical fence or wall.

v. Electric fences shall have a maximum height of ten feet and shall not be located within a front yard setback. Any fence greater than six feet in height shall require a building permit for the fence structure.

vi. Electric fences shall be clearly identified with warning signs not to exceed three-quarters square feet (twelve inches by nine inches) in size stating: “Warning—Electric Fence.” Signs shall be located on each side of the electrical fenced area at intervals of sixty feet on each side. The business name and/or advertising copy shall not be allowed on these warning signs.

vii. If the applicant’s proposal has the capability, electric fences shall be governed and regulated under burglar alarm regulations and shall receive approval, beforehand, from the applicable regulatory agency(ies); i.e., jurisdictional police and fire.

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

b. Telecommunications Facility. This subsection applies to both commercial and private low-power radio services and facilities, such as “cellular” or “PCS” (personal communications system) communications and paging systems. Each application for a telecommunications facility shall comply with the following:

i. Wall-Mounted Antenna. Two types of wall-mounted antennas are allowed: stealth-mounted and non-stealth-mounted. Antennas mounted directly on existing parapet walls, penthouses, or mechanical equipment rooms are considered a wall-mounted antenna if no portion of the antenna extends above the roofline of the building or extends no more than four feet horizontally from the face of the building. Whip antennas are not allowed on a wall-mounted antenna structure. Antennas, equipment, and the supporting structures shall be selected to achieve the architectural compatibility with the host structure to which they are attached.

(A) Stealth facilities shall be designed to substantially conceal and camouflage the antennas and associated equipment.

(1) The planning commission shall review and may grant approval for any new antenna(s) that require construction of a new screening wall. New screening wall(s) shall be in harmony with the structure’s mass, architectural features, and overall aesthetics. Architectural and structural renderings, three-dimensional representation, line-of-sight diagrams, photo simulations, and/or building elevations of the proposed modifications may be required to effectively demonstrate the requested changes meeting the intent of this chapter.

(2) Area Limitations for Stealth Wall-Mounted Antennas. The total area for all stealth wall-mounted antennas and supporting structures combined shall not exceed five percent of any exterior wall of the building. Stealth wall-mounted antennas may occupy a maximum of four walls. The total calculated area is the sum of each individual antenna and the visible portion of the supporting structure as viewed when looking directly at the face of the building.

(B) Non-stealth facilities shall only be considered in locations in which adverse visual impacts are not a substantial concern due to the location of the facility, the nature of the surrounding land uses, and is not visible from public vantage points.

(1) Area Limitations for Non-Stealth Wall-Mounted Antennas. The total area for all non-stealth wall-mounted antennas and supporting structures combined shall not exceed forty square feet for each exterior wall of the building or a total of one hundred sixty square feet per building. The total calculated area is the sum of each individual antenna and the visible portion of the supporting structure as viewed when looking directly at the face of the building.

ii. Roof-Mounted Antenna. Two types of roof-mounted antennas are allowed: stealth-mounted and non-stealth-mounted. Antennas, equipment, and the supporting structures shall be selected to achieve the architectural compatibility with the host structure to which they are attached. Roof-mounted antennas are an allowed use only on a flat roof and shall be screened, constructed and painted to match the structure to which they are attached. The planning commission shall review and may grant approval to place roof-mounted stealth antennas on a pitched roof if the antenna(s) are compatible with the existing structure. Roof-mounted antennas may be mounted on existing penthouses or mechanical equipment rooms if the antennas and antenna support structures are enclosed or visually screened from view.

(A) Stealth facilities shall be designed to substantially conceal and camouflage the antennas and associated equipment.

(1) Antennas shall be mounted at least five feet behind any parapet wall or from the exterior wall of the building. The maximum height of an antenna mounted between five and ten feet behind a parapet or exterior wall shall be directly proportional to the setback distance, and may not exceed a height of ten feet above the top of the parapet wall or roof line of the building.

(2) The planning commission shall review and may grant approval for any new antenna(s) that require construction of a new screening wall. New screening wall(s) shall be in harmony with the structure’s mass, architectural features, and overall aesthetics. Architectural and structural renderings, three-dimensional representation, line-of-sight diagrams, photo simulations, and/or building elevations of the proposed modifications may be required to effectively demonstrate the requested changes meeting the intent of this chapter.

(B) Non-stealth facilities shall only be considered in locations in which adverse visual impacts are not a substantial concern due to the location of the facility and the nature of the surrounding land uses.

iii. Monopole with Antennas and Antenna Support Structure Less Than Two Feet in Width. The entire antenna structure mounted on a monopole may not exceed two feet in width.

(A) The maximum height of this antenna may not exceed ten feet in height.

(B) A monopole described in this subsection may not be located in or within five hundred feet of a residential zone district.

(D) The monopole antenna must not exceed thirty-five feet in height.

(A) The maximum visible width of antennas and antenna mounting structures on a monopole may not exceed either eight feet in height or fifteen feet in width as viewed looking directly at the monopole at the same elevation as the antennas and antenna mounting structure.

(B) A monopole classified under this subsection may not be located in or within seven hundred fifty feet of a residential zone district.

(D) The monopole antenna must not exceed thirty-five feet in height.

v. Lattice Towers. Except as provided for below, lattice towers may not be located within seven hundred fifty feet of a residential zone district.

(A) A lattice tower may be located less than seven hundred fifty feet from a residential zone district if the planning commission finds that the tower’s height would not exceed the height of any public utility pole, wire, cable, or similar structures located in the same vicinity as the proposed tower.

(B) A lattice tower may be located less than seven hundred fifty feet from a residential zone and reach up to eighty-five-foot height if required for the bona fide public services of a public transit district as defined in U.C.A. Section 17A-2-1001 et seq. and as certified by the public transit district.

(D) The lattice tower must not exceed thirty-five feet in height.

vi. Power Lines. All power lines on the lot leading to the accessory building and antenna structure of the telecommunications facility shall be installed underground.

vii. Review Criteria. Each applicant for a telecommunications facility must demonstrate:

(A) Compatibility of the proposed structure with the height and mass of existing adjacent buildings and utility structures;

(B) Whether co-location of the antenna on other existing structures in the same vicinity such as other towers, buildings, utility poles and similar structures is possible without significantly affecting antenna transmission or reception;

(D) The location of the antenna in relation to existing vegetation, topography and buildings to optimize visual screening;

(E) Whether the spacing between monopoles creates detrimental impact upon adjacent properties;

(F) The location of the pole in relation to noteworthy structures, landmarks and pedestrian or automotive transportation view corridors;

(G) Location and zoning compliance of accessory buildings associated with the telecommunications facility.

viii. Co-Location. Co-location is both permitted and encouraged if all setbacks, design and landscape requirements are met for each telecommunications facility. The application shall include any existing or approved, but unbuilt, telecommunications facility within the telecommunications area that may meet the needs of the applicant. The documentation supplied shall evaluate the following factors:

(A) Structural capacity of the antenna towers;

(B) Geographic telecommunications area requirements;

(D) Inability or ability to locate equipment on existing antenna towers; and

(E) Any restriction or limitation of the Federal Communications Commission that would preclude the shared use of the antenna tower.

ix. Classification/Installation. Low-power radio services facilities are characterized by the type or location of the antenna structure.

x. Temporary Antenna for Use During Drive Tests. Telecommunications companies wishing to perform drive tests shall submit notice to the planning department stating the location and the date of the proposed test. Antennas in use for a drive test shall not be left standing for a period of greater than two days. Drive tests shall be limited to testing functions only and shall not be used for telecommunication services to customers. Drive tests on city property require planning department approval and execution of the city’s test-drive agreement.

c. Fences Greater Than Seven Feet in Height. Each application for a fence greater than seven feet in height must comply with the following:

i. The applicant must demonstrate that a fence greater than seven feet in height is necessary to better promote public health, safety, welfare, and aesthetic quality in the area and the height requested is the minimum necessary to achieve this.

ii. The fence design, i.e., materials, color, features, height, must be compatible with the associated development in terms of theme, architecture and function. All barbed wire or other sharp, pointed, or electrically charged fences are prohibited.

iii. Fences shall comply with all requirements for fences less than or equal to seven feet in height with regard to location and construction.

i. Signage and display lighting is limited to stationary/steady light sources. Signs that make use of flashing lights, crawling or flashing copy or text, or simulate traffic signs or traffic messages, are prohibited.

ii. Display areas are limited to those shown on the approved site plan and may not exceed a combined one hundred square feet in size.

iii. Forfeited personal property requiring storage in an approved outdoor storage area shall be retained for no more than ninety days following the expiration of the contract between the pawn broker and the pledgor or hold by a law enforcement agency.

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

i. The dining area shall be located on private property or leased public property and does not diminish parking or landscaping.

ii. The dining area shall not impede pedestrian circulation.

iii. The dining area shall not impede emergency access or circulation.

iv. The outdoor furnishings shall be compatible with the streetscape and associated building.

v. No music or noise shall be in excess of the city noise ordinance, Section 8.01.070. Outdoor music shall not be audible off premises.

vi. No use after ten-thirty p.m. and before seven a.m.

vii. No part of the outdoor dining area shall be located within one hundred feet of any existing residential use (measured from the edge of the outdoor dining area to the closest property line of the residential use), unless the residential use is part of a mixed use building or the outdoor dining area is separated from the residential use by a commercial building.

viii. Cooking facilities shall be located within the primary building. No cooking utilities, including grills, shall be permitted in the outdoor dining area.

ix. The outdoor dining area shall be kept in a clean condition and free of litter and food items which constitute a nuisance to public health, safety and welfare. (Ord. 2025-16 § 1 (Att. A); Ord. 2022-13 § 1 (Att. B); Ord. 2019-06 § 1 (Att. B); Ord. 2016-15 § 1 (Att. A); Ord. 2016-01 § 1 (Att. B); Ord. 2015-12 § 1 (Att. A); Ord. 2015-05 § 1 (Att. A); Ord. 2012-08 § 1 (Att. A); Ord. 2011-11 § 1 (Att. A); Ord. 2/2/2010O-1 § 1(3); Ord. 10/6/2009O-19 § 1 (Att. A); Ord. 1/06/2009O-2 § 1; Ord. 3-19-2002A § 1 (7); Ord. 11-20-2001 § 2)

17-7-13.10 Signs.

If sign type is not specifically designated, then it is prohibited. Only two sign types are permitted per building unless the planning commission approves a sign plan with multiple sign types through the conditional use permit review process.

Sign Type	Max. Area	Max. Height	General Restrictions
Awning/ Canopy	5% of wall surface; 80% of width	80% of vertical drip	Constructed of canvas-like materials or architectural metal. Design and color to relate to storefront. May extend 5' from facade at least 8' above sidewalk.
Campaign	32 s.f.	6'	Removed within 15 days from final voting day. 3' max. height in clear view triangle.
Changeable Copy	25% of sign		Changeable copy signs may be wall or monument signs. One changeable copy sign/business location.
Construction	32 s.f.	12'	Removed prior to certificate of occupancy.
Directional	4 s.f.	3'	Located at drive entrances and on-site only.
Flat or Wall (Includes Window)	Sign 1: 15% of wall surface; Signs 2—3: combined signage 5% of wall surface		Must be attached to main building. All signs attached to the facade, including awning signs, window signs and wall signs, determine sign area.
Monument	32 s.f.	6' (total)	At least 1 foot of pedestal. May be placed on berm, w/top of sign ≤ 9'; 3' max. height in clear view triangle; ≥ 3' from sidewalk.
Name Plate	3 s.f.	n/a	Must be attached to main structure.
Off-Premises Directional	5 s.f.	4'	Off-premises directional signs shall be monument style unless located on an existing sign pole; ≥150' from another off-premises sign; ≥ 6' from right-of-way. Arterial or major collector streets only.
Pole Banners	2 ft. x 5 ft.	n/a	Must be attached to on-site light poles at top and bottom corners. Must hang vertically. One sign per pole.
Real Estate	32 s.f.	12'	3' max. height in sight distance triangle.
Shopping Center	Pylon signs: 1.5 s.f./foot of frontage up to 300 s.f. Monument signs: 48 s.f. + 1 s.f./foot of frontage ≤ 96 s.f.	Pylon: 35' Monument: 6'	Min. shopping center area: 5 acres and 500' of frontage. One pylon sign for every 500' of frontage (500' separation). One monument sign for every 250' of frontage (250' separation). Decorative pylon cover required. Back-to-back sign faces ≤ 10°.
Temporary			See text.
Window	25% of window area		See text.

1. Up to three building walls may be used for flat or wall signage. The maximum sign area shall be fifteen percent of the wall surface of the front of the building, five percent for the side, and five percent for the back or side. The following four types of wall signs are allowed; all others are prohibited:

a. An externally illuminated aluminum sign panel with cut-out and/or channel letters illuminated by a specified cut-off floodlight fixture mounted to the building.

b. An internally illuminated aluminum sign panel with cut-out and/or reverse channel letters illuminated by neon tubes or fluorescent lamps behind the sign panel and/or letters.

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

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

2. Subject to the wall sign area and type restrictions found herein, businesses that lack suitable wall area upon which to mount a flat or wall sign may instead place the sign on a gabled roof so long as the sign does not project above the roof line. For the purposes of this section, a building elevation that qualifies under this subsection is a side of a standalone structure with less than one hundred feet of wall area.

B. Awning/Canopy Signs. All awnings and canopies shall be constructed of a canvas-like material or architectural metal. The design and color shall relate to the storefront design. No awning or canopy sign may extend more than five feet over the sidewalk and shall be at least eight feet above the sidewalk. Awnings and canopies that are utilized for signage shall use contrasting letters that are painted, applied or sewn onto the vertical drip or panel of the awning or canopy. The maximum sign area of an awning/canopy sign is the greater of sixteen square feet or five percent of the area of the wall to which it is attached. Letters shall not occupy more than eighty percent of the width or the height of the vertical drip or panel. The sign area used for a canopy sign shall be included in any calculation of wall sign area.

C. Projecting Signs. One projecting sign may be attached to the building perpendicular to the facade facing the sidewalk per ground level tenant space. A projecting sign shall be made of a rigid material with the bracket and sign panel relating to the storefront design. Projecting signs may not exceed twelve square feet in size, project more than four feet from the facade, and must be at least eight feet above the sidewalk.

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

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

2. Retail, service and restaurant establishments are permitted to use window-mounted signs advertising current sales or specials, subject to applicable sign area restrictions, so long as they do not disrupt the visibility from employee stations to the parking area or of law enforcement personnel into the business.

3. One neon or LED sign may be mounted in each window subject to applicable sign area restrictions. One electric changeable copy sign is permitted per business subject to applicable safety and sign area restrictions and best practices. Signs that make use of crawling or flashing copy or text, or simulate traffic signs or traffic messages, are prohibited.

4. The total area of window signs (including lettering and logos) shall not exceed twenty-five percent of the window area on which it is located.

5. Storefront windows and doors shall be limited to a maximum of two square feet of coverage with stickers, credit card decals, hours of operation, etc.

6. There may be one window sign listing the names of second-floor tenants near street-level entrances. This sign shall not exceed six square feet and is not to be included in the twenty-five percent allowance.

E. Suspended Signs. Suspended signs shall be located near the entrance to the business/tenant space and may be used in place of rather than in conjunction with a wall sign. The maximum sign area is one square foot per each lineal foot of building elevation on which the sign is located, not to exceed sixty square feet. Signs shall be located so as to emphasize design elements of the buildings. No suspended sign shall be less than eight feet above the sidewalk.

F. Monument Signs. One monument sign may be allowed per street frontage. A monument sign shall not exceed thirty-two square feet or six feet in height with a minimum one-foot pedestal, and shall be located in a landscaped area associated with a project entry or focal point. The sign may be located on a berm provided the top of the sign does not exceed nine feet in height above finished grade. Monument signs shall not be constructed within the clear view area and shall be set back at least three feet from a public sidewalk and property lines. The sign shall have, as the prominent feature, the name of the development (i.e., “Midvale Village,” “Midvale Plaza,” etc.). It is intended that the top two feet of the sign area be utilized to identify the name of the development. All other lettering shall be no taller than four inches in height. The lettering font style for tenant identification shall be the same for all tenants within the proposed development. Monument signs shall be constructed with materials similar to that of the main building.

G. Pole Banners. One pole banner sign per privately owned, on-site light pole may be used. Such signs shall be a maximum size of two feet by five feet, shall hang vertically, and shall be securely attached to the light pole at the top and bottom corners of the banner. Banners must be kept in good condition at all times, i.e., tattered, torn, or faded banners must be removed. A sign permit is required.

H. Clearance and Setbacks. The following standards apply:

1. At intersecting streets and within the clear view area, there shall be a minimum clearance of ten feet beneath any ground sign unless a sign is less than three feet in height as measured from the average grade of the intersecting streets. In this area, the maximum diameter of poles supporting signs shall be eight inches.

2. For signs over pedestrian ways, the clearance between the ground and the bottom of any projecting or ground sign shall not be less than eight feet.

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

4. For signs more than three feet in height and having less than an eight-foot clearance, the front setback shall be the same as for buildings in that zoning district. In no case shall the front setback be less than eighteen inches from the front lot line as measured from the leading edge of the sign.

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

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

2. Banner Signs. One banner sign attached in a temporary manner is allowed per primary building wall or on-site fence/wall. Banners may not exceed forty-eight square feet, and must be mounted flush on the wall or fence with all corners securely fastened to the wall or fence. Banners must be kept in a good condition at all times, i.e., tattered, torn, or faded banners must be removed. A temporary sign permit is not required. A banner may not be used as primary signage for a business for more than three months from the business opening.

3. Mobile Changeable Copy Signs. One mobile changeable copy sign may be used for each street frontage of a building, for a maximum period of fourteen consecutive days, not to exceed twenty-eight days in a calendar year. Each sign shall require a temporary sign permit for each period. Said signs shall be in full conformance with all building and electrical codes. Said signs shall not exceed thirty-two square feet in size and six feet in height, and shall conform to all setbacks, clearances, and other general provisions of this title.

4. Balloon Sign/Inflated Sign Displays. One balloon sign or inflated sign display is allowed to be displayed on-site for a period of fourteen consecutive days per calendar quarter up to four times per calendar year. A temporary sign permit shall be required for each display period. The signs shall meet all minimum building setbacks for the zone, and shall be adequately tethered so as not to extend into the airspace above the public right-of-way or constitute a safety hazard.

5. Grand Opening Events Signs. Promotional signage, such as pennants, streamers, banners, balloon signs, and inflated sign displays, may be used for grand opening events for new businesses. Such promotional signage must be initiated within the first three months of a new business receiving a certificate of occupancy, and may be used for a maximum of thirty consecutive days. Said signs shall be used in such a manner so as not to constitute a safety hazard. A temporary sign permit shall be required. Promotional signage shall not include illuminated signs or devices.

6. Pennants/Streamers. Pennants and streamers are allowed to be displayed on-site for a period of seven consecutive days per calendar quarter up to four times per calendar year. Pennants and streamers shall be adequately fastened to structures on-site, and in such a manner so as not to constitute a safety hazard. A temporary sign permit shall be required for each display period.

7. Feather Flags. A maximum of one feather flag is allowed per business in a multitenant building. One feather flag per fifty feet of frontage or a maximum of five are allowed for stand-alone businesses. Feather flags may be displayed on private property for a period of fourteen consecutive days per calendar quarter up to four times per calendar year, with a maximum height of twelve feet. A temporary sign permit shall be required for each display period.

J. Shopping Center Signs. Shopping centers of at least five acres in size with at least five hundred feet of frontage may be allowed one pylon sign for every five hundred feet of frontage or one monument sign for every two hundred and fifty feet of frontage. Multiple pylon signs within a shopping center must have a minimum five-hundred-foot separation. Multiple monument signs within the shopping center must have a minimum two-hundred-fifty-foot separation. The pylon sign area may have up to one and one-half square feet for every foot of frontage, not to exceed three hundred square feet. The pylon sign height shall not exceed thirty-five feet. The entire length of the supporting poles must be covered in a substantial architectural cover which does not reflect the round nature of the pole beneath, with a minimum of the first third of that length being constructed of masonry to match the development. The cabinet must be set back a minimum of eighteen inches from the property line and the supports a minimum of five feet from the property line. The monument sign area may be forty-eight square feet plus one square foot for every one foot of frontage, not to exceed ninety-six square feet. The monument sign height shall not exceed nine feet. All other requirements for monument signs as included in subsection F of this section shall apply.

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

a. Construction. Benches and shelters shall be constructed of durable materials and shall be kept in good repair. Shelter materials shall be black in color. Benches and shelters which are in disrepair or are unsafe or unstable will not be permitted and may be removed by the city. A concrete pad (not to extend beyond the footprint of the bench or shelter by more than one foot) and paved access (three feet in width) to the curb will be required for all benches and shelters (see diagram below). A bench may utilize concrete already installed in the park strip. Benches and shelters must be securely fastened to the concrete pad to prevent their unauthorized removal. The existing concrete pad must be repaired, including removal of attachment bolts and repair of all holes by the bench sign company after removal. The business name and telephone number of the owner shall be printed on the bench or shelter in a conspicuous location.

b. Location. Benches and shelters may be located along dedicated public rights-of-way only at bus stops established by the Utah Transit Authority. Shelters must be located behind the sidewalk. All street improvements must be in place and the park strip must measure at least five feet in depth for a bench location. Bench signs shall be no closer than two feet from the curb in order to avoid injuries to persons waiting at the benches by the opening of doors of the bus. Benches and shelters shall not obstruct the sidewalks, roadways or other locations where the signs may pose a hazard to motorists or pedestrians. Benches and shelters installed by the Utah Transit Authority shall take priority at allowable locations. Benches and shelters to be placed on private property shall require a letter of approval from that property owner to be submitted to the city. The bench or shelter and an area within a ten-foot radius shall be maintained by the owner twice per week.

c. Area. The sign portion of a bench sign shall not exceed sixteen square feet in area (two-foot maximum height and eight-foot maximum width) and the sign portion of a shelter shall not exceed thirty square feet (six-foot maximum height and five-foot maximum width).

d. Density. No more than one bench or shelter shall be located at each Utah Transit Authority bus stop unless otherwise justified by the Utah Transit Authority because of heavy demand.

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

f. Permit. A temporary sign permit shall be approved and issued by the director of community and economic development or designee prior to the installation of a bench or shelter. A fee shall be paid for said permit for each bench or shelter as provided in Resolution 02/26/02C. The permit shall be valid for one year, renewing at the beginning of each fiscal year. Benches and shelters installed by the Utah Transit Authority or other public agencies shall be exempt from the payment of a fee. A change in the text of the sign for the bench or shelter or a substitution of benches or shelters shall not require the issuance of a new permit or the payment of an additional fee if the bench or shelter is placed in the same location as originally permitted.

g. Revocation and Removal. The issuance of a permit to locate a bench or shelter within the city of Midvale creates only a license, revocable upon a showing of cause by the city, and shall create no permanent rights of any kind. Each bench or shelter must be removed within fourteen days of written notification. Benches or shelters not moved within the fourteen-day period will be removed by the city at the owner’s expense. Removal expense per bench shall be calculated based on using a two-man crew and one truck for one hour.

a. Construction. Newspaper and ad stands shall be constructed of durable materials and shall be kept in good repair. Newspaper and ad stands must be securely fastened to a concrete pad either in the park strip or behind the sidewalk to prevent their unauthorized removal. The concrete pad must be repaired, including removal of attachment bolts and repair of all holes after removal. The business name and telephone number of the owner shall be printed on the stand in a conspicuous location.

b. Location and Density. Newspaper and ad stands may be located along dedicated public rights-of-way only at bus stops established by the Utah Transit Authority. All street improvements must be in place and the park strip must measure at least five feet in depth. There shall be no more than three stands per established bus stop. The stand may not be located adjacent to any mailbox, post, pole or monument and shall not impede or interfere with reasonable use of pedestrian traffic, display windows or building entrances or the reasonable use of any fire hydrant, traffic signal box or emergency call box.

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

d. Permit. A temporary sign permit shall be approved and issued by the director of community and economic development or designee prior to the installation of a newspaper or ad stand. A fee shall be paid for said permit for each newspaper or ad stand as provided in Resolution 02/26/02C. The permit shall be valid for one calendar year. A substitution of newspaper or ad stands shall not require the issuance of a new permit or the payment of an additional fee if the newspaper or ad stand is placed in the same location as originally permitted.

e. Revocation and Removal. The issuance of a permit to locate a newspaper or ad stand within the city of Midvale creates only a license, revocable upon a showing of cause by the city, and shall create no permanent rights of any kind. Each newspaper or ad stand must be removed within fourteen days of written notification. Newspaper or ad stands not moved within the fourteen-day period will be removed by the city at the owner’s expense. Removal expense per stand shall be calculated based on using a two-man crew and one truck for one hour. (Ord. 2015-13 § 1 (Att. A); Ord. 5/1/2007O-5 § 1; Ord. 11/23/2004O-34 §§ 1(2, 3); Ord. 10/28/2003O-11 §§ 1(1—4, 7); Ord. 3/18/2003O-1 § 1; Ord. 3-19-2002A § 1(8); Ord. 11-20-2001 § 2)

17-7-13.11 Itinerant merchants.

The city shall not issue a business license for an itinerant merchant unless the following general and applicable specific criteria are demonstrated as part of the business license application:

1. Location on Private Property. The business and any activity associated therewith must be located on private property and only as a secondary use to another primary commercial use. The business shall not be located on public property (including public sidewalks, public streets, public parking areas or other public places as defined by the city) or on vacant or residentially used property, regardless of the zoning district.

2. Impervious Surface. The business must be located on a hard surface with no portion of the business located in a landscaped or nonimproved area.

3. Setbacks. The business must be located a minimum of ten feet behind the inside edge of the public sidewalk (or fifteen feet from the edge of the road right-of-way if no sidewalk exists); five feet from combustible walls, roof eave lines, awnings, etc.; ten feet from any building openings (i.e., doors, windows, vents, etc.); and five feet from a fire hydrant, driveway, handicapped parking space and loading area.

4. Lease. There must be a valid lease or written permission from the private property owner expressly allowing the use of property for the business that is the subject of this section. The merchant shall demonstrate the ability to utilize an existing restroom facility on or nearby the property.

5. Traffic Safety. The business location shall not impede auto and/or pedestrian traffic or create auto/pedestrian conflicts. Private sidewalk clear widths shall not be reduced below five feet and the itinerant business shall not interfere with the internal parking lot circulation.

6. Parking. The site must have adequate parking to accommodate the primary use(s) on site as well as any area used by the itinerant business. No part of the itinerant merchant business shall occupy required parking stalls for the primary use(s).

7. Power. All electrical wiring must be in compliance with the National Electrical Code and approved by the Midvale City Building Department. Extension cords and generators are prohibited.

8. Temporary Only. All aspects of the business shall be temporary in nature with no permanent facilities constructed on site, with the exception of the required permanent power source.

9. Maintenance. The area around the business shall be kept clean and orderly. A trash receptacle shall be provided for patrons. The merchant is responsible to clean up all trash, litter, spills, etc., within a minimum twenty-foot radius of the business.

10. Business Conduct. The business may not solicit or conduct business with persons in motor vehicles or use any flashing lights, noise, sound or other motion-producing devices to attract attention to its operation.

11. Regulatory Compliance. All applicable local and state regulations (i.e., food permit, tax numbers, registration, etc.) shall be met.

12. Business License. All requirements of Chapter 5.14 of the Midvale Municipal Code shall be met.

13. Site Plan. A site plan, drawn to scale, showing the exact location of the itinerant merchant (including all components of the business) with setbacks to buildings, sidewalks, roadways, driveways, parking, fire hydrants, and other important features shall be provided. A photograph or illustration showing components of the business, including cart and awning dimensions, trash receptacles, coolers, signage, electrical plans, etc., shall be provided, as well as other information required to show compliance with the applicable requirements contained herein.

1. Seasonal Produce Stand. Each business license application for a seasonal produce stand must comply with the following:

a. One produce stand business shall be permitted on each parcel of private property.

b. A minimum of three on-site parking stalls are required for the produce stand use. Two of these stalls shall be dedicated for the use of the itinerant merchant’s patrons; the other for a business employee.

c. The business shall sell fresh fruits and vegetables only; merchandise and nonperishable food items are not allowed.

d. Produce shall be displayed under a tent, awning or canopy. This structure shall be an earthtone color and have a maximum size of one hundred square feet.

e. Signage must be attached to the tent, awning or canopy and shall not exceed ten square feet on each side of the structure. One A-frame sign complying with the city’s A-frame sign standards may be utilized. No flashing or animated lights or searchlights may be used. No off-site signage is allowed, including within the public right-of-way.

f. The produce stand and all related business items shall be maintained in good condition and repair at all times.

g. All aspects of the business shall be moved on and off the premises each day of operation. No overnight parking or outdoor storage is allowed.

h. Produce stands can be operated between June 1st and October 31st each year.

i. The business shall not be conducted before ten a.m. and after ten p.m.

2. Seasonal Food Stand. Each business license application for a seasonal food stand must comply with the following:

a. There shall be a minimum separation of six hundred sixty feet between all food stand locations. This separation shall be measured as a radius in all directions, with the food stand location being the center point.

b. A food stand shall not be located within two hundred feet of the primary public entrance of an existing restaurant use.

c. A minimum of two on-site parking stalls are required for the food stand use. One of these stalls shall be dedicated for the use of the itinerant merchant’s patrons and the other for a business employee.

d. The food stand must be a temporary structure with all wheels, trailers and hitches removed.

e. The maximum size of a food stand structure shall be eight feet by sixteen feet. The food stand must include four walls and a roof. It shall be constructed of surface materials that are smooth, easily cleanable, corrosion resistant, nontoxic, stable and constructed in accordance with the Salt Lake Valley health department regulations.

f. The vendor shall be limited to one outdoor storage bin (the bin shall not exceed fifteen square feet in size) and one trash receptacle external to the food stand. All other freestanding devices, i.e., signs, propane tanks, tables, racks, customer seating, overhead structures (i.e., tarps, awnings, umbrellas, enclosures, canopy extensions), etc., are prohibited.

g. Food stands are for walk-up traffic only; drive-up window service is prohibited.

h. Signage shall be attached to the food stand and occupy no more than twenty square feet. Signs shall not be internally illuminated or make use of flashing or intermittent lighting or animation devices. Pennants, streamers, lawn banners and other temporary signs are prohibited.

i. A portable fire extinguisher, Type 2A-10 BC minimum, must be mounted within easy reach on the food stand.

j. The food stand and all related business items shall be maintained in good condition and repair at all times.

k. Seasonal food stands can be operated between May 1st and September 30th each year. The temporary structure must be removed from the site by September 30th and cannot be put on the site before May 1st.

l. The business shall not be conducted before six a.m. and after ten p.m.

3. Seasonal Flower Stand. Each business license application for a seasonal flower stand must comply with the following:

a. A flower stand shall not be located within two hundred feet of the primary public entrance of an existing business that sells live flowers as its primary merchandise.

b. One flower stand business shall be permitted on each parcel of private property.

c. A minimum of five on-site parking stalls are required for the flower stand use.

d. The business shall sell live flowers only; all other merchandise, including merchandise ancillary to the planting of live flowers, such as potting soil, separate pots and containers, watering cans, etc., are not allowed.

e. All live flowers shall be displayed under a tent or canopy structure that does not exceed one thousand three hundred fifty square feet in size. No live flowers shall be displayed beyond the drip line of this structure. The tent or canopy structure shall comply with all applicable building code requirements. A building permit may be required depending on the size of the tent or canopy.

f. The tent or canopy cover shall be made of a white or earth tone color canvas material; covers made of metal, wood or similar materials are prohibited.

g. Signage must be attached to the drip line of the tent or awning structure. This signage shall not extend above or below the tent or canopy cover and shall not exceed eighty percent of its length. Signs shall not be internally illuminated or make use of flashing or intermittent lighting or animation devices. Pennants, streamers, lawn banners and other temporary signs are prohibited.

h. A portable fire extinguisher, Type 2A-10 BC minimum, must be available at the location.

i. The flower stand structure, cover and all related business items shall be maintained in good condition and repair at all times.

j. Seasonal flower stands can be operated between April 15th and June 15th each year. The temporary structure must be removed from the site by June 15th and cannot be put on the site before April 15th.

k. The business shall not be conducted before eight a.m. and after ten p.m. (Ord. 2014-04 § 1 (Att. A); Ord. 2012-04 § 1 (Att. A); Ord. 5/5/2009O-8 § 1 (Att. A); Ord. 5/16/2006O-5 § 1; Ord. 11-20-2001 § 2)

17-7-13.12 Related provisions.

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

B. Title 16, Subdivisions;

C. Chapter 17-2, Definitions;

D. Chapter 17-3, Administration and Enforcement. (Ord. 11-20-2001 § 2)