Midvale City Zoning Code

17-7-15 State

Street Overlay Zone SSOZ

Only two sign types are permitted per building unless specifically approved by the planning commission through the conditional use review process. In mixed-use developments, signage for each application must comply with an approved theme, which is uniform throughout the proposed development, and which complements the approved signage of near or adjacent pedestrian-oriented development. If a regulated sign type is not specifically designated, it is prohibited.

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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:

17-7-15.1 Purpose.

The purpose of the State Street overlay zone is to encourage, facilitate and allow the redevelopment of the State Street corridor, and to:

A. Facilitate transition of the State Street corridor from undeveloped, underdeveloped and underused commercial parcels larger than one acre into a more vibrant mix of commercial and residential uses;

B. Provide an identifiable entry corridor for the city by encouraging high quality, distinctive development;

C. Promote economic development by encouraging a mix of commercial, retail, high quality office, open space, entertainment, recreation, residential, public and institutional land uses;

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

E. Improve urban design in the area by providing opportunities for variations in architectural design and housing types including multiple unit living where full amenities are available;

F. Promote pedestrian connections within developments and between adjacent neighborhoods;

G. Coordinate urban design and streetscape elements in order to create a distinctive visual quality for the area;

H. Require thematic landscaping to provide a distinctive visual quality to the area;

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

J. Assure and enhance the investment of property owners in the State Street corridor. (Ord. 6/6/2006O-6 § 1)

17-7-15.2 Density and area regulations.

A. Minimum Area. Because this chapter is intended to encourage the redevelopment of the State Street corridor and not as an alternate means of using existing parcels and buildings, the State Street overlay zone shall not be applied to any area less than two and one-half acres.

B. Residential Density. The maximum residential density in the State Street overlay zone is thirty dwelling units per acre for areas that do not qualify for the mixed-use provisions herein.

C. Commercial/Office/Flex/Retail FAR. The maximum floor area ratio for commercial/office/flex and retail uses is 2:1.

D. Mixed-Use FAR. The maximum FAR for mixed-use buildings that include more than fifty percent of the floor area as residential units is 2.5:1. The maximum FAR for mixed-use buildings that include at least twenty-five percent of the floor area as residential units is 2.25:1. No building shall qualify for this mixed-use FAR bonus unless it contains at least twenty-five percent of the floor area as residential units and the entire ground floor is used for commercial/office/flex/retail uses. Based on a professionally conducted study that shows that the market will not bear the amount of commercial/office/flex and retail, the planning commission may allow up to twenty percent of a ground floor for one or all of the buildings to be used for residential uses. (Ord. 6/6/2006O-6 § 1)

17-7-15.3 Use tables.

Due to the special circumstances of this overlay zone area, given that this overlay zone is intended to allow for the redevelopment of certain larger parcels on and adjacent to the State Street corridor, the following uses are the only uses allowed in the State Street overlay zone. 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
Accessory Structure, Unoccupied (Single Family and Duplex Only)		X
Assisted Living Facility, Group Home			X	X
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
Assembly Use		X		X
Assisted Living Facility, Disabled Care, Group Home:
≤ 1 acre		X		X
> 1 acre			X	X
Auditorium, Assembly Hall			X	X
Bed and Breakfast	X			X
Cafe/Deli	X			X
Child Care:
Center: 6 children or less		X		X
Facility: ≥ 7 children			X	X
Commercial Repair Services	X			X
Commercial Convenience Store Including Gas Sales			X	X
Dwellings:
Single Family Detached	X
Duplex	X
Multifamily:
1/2—1 acre		X
> 1 acre		X
Entertainment Center			X	X
External Accessory Dwelling Unit*	X
Fences:
7' or less	X
7' or more		X
Financial Institution:
W/drive-up window	X			X
W/o drive-up window		X		X
Heliport			X	X
Home Occupation	X			X
Hotel/Motel			X	X
Internal Accessory Dwelling Unit*	X
Manufactured Home	X
Live/Work Units			X	X
Mixed-Use			X	X
Master Planned Development			X
Medical Cannabis Pharmacy*	X			X
Municipal Facilities:
Parks		X
Public Safety Facility		X
Public Utilities:
Minor		X
Major			X
Recreational Facilities		X
Trails		X
Neighborhood Commercial			X	X
Office:
General	X			X
Intensive and Clinical, Medical			X	X
Parking Lot:
Commercial			X	X
Private	X
Personal Athletic Facility		X
Pre-Existing Landscaping	X
Pre-Existing Lot	X
Pre-Existing Structure	X
Pre-Existing Use	X
Quasi-Public Facilities:
Hospital			X	X
Schools, Private			X	X
Recreation Facility:
Commercial			X	X
Private	X
Religious/Educational Institute:
Permanent	X			X
Temporary		X		X
Residential Facility:
Handicapped	X			X
Elderly	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
Shopping Center			X	X
Telecommunications Facility < 35' in height		X
Transportation Facility:
Major			X
Minor	X

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

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

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

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

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

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

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

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

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

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

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

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

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

i. A description of the primary dwelling;

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

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

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

j. Only one IADU is permitted on each property.

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

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

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

d. An EADU must comply with the standards in Section 17-7-15.4(D).

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

f. An EADU may not be constructed on the same lot as a mobile home or manufactured home.

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

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

i. A description of the primary dwelling;

ii. A statement that the property contains an EADU; and

iii. A statement that the EADU may only be used in accordance with this title.

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

j. Only one EADU is permitted on each property. (Ord. 2024-27 § 1 (Att. A); Ord. 2021-19 § 1 (Att. A); Ord. 2020-02 § 1 (Att. A); Ord. 2016-15 § 1 (Att. A); Ord. 6/6/2006O-6 § 1)

17-7-15.4 Residential development standards.

A. The following development standards apply to new single family attached, single family detached, and multifamily development in the residential land use area.

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

i. There is no minimum front yard setback except as follows:

(A) The minimum front yard setback is twenty feet if off-street parking is to occur in the driveway; and

(B) The minimum landscaped setback from the edge of a public right-of-way shall be twenty feet except as provided by the general landscaping standards of the State Street overlay zone. No maximum setback or build-to line is required except that all of the area between the right-of-way and the building shall be landscaped or used as active open space.

(C) The setback from the edge of the State Street right-of-way shall be at least eight feet from the right-of-way. No maximum setback or build-to line is required except that all of the area between the right-of-way and the building shall be landscaped or used as active open space. The setback shall include an eight-foot sidewalk and landscaping for any part of the setback that exceeds eight feet. A park strip, located within the right-of-way, shall be provided that is at least five feet wide that may consist of street trees, live ground cover plants or turf or hardscape if tree wells are provided.

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

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

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

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

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

2. Height. The maximum height for residential structures and residential portions of mixed-use structures in the State Street overlay zone is five stories. If a structure is constructed within seventy-five feet of a single family structure located within a single family residential zoning district, the maximum height shall be thirty-five feet for a pitched roof and thirty-two feet for a flat roof. See Section 17-7-15.8(C) for the surface parking exception.

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

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

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

3. Stories. All building types must be from one to five stories. See Section 17-7-15.8(C) for the surface parking exception.

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

The following development standards apply to multifamily development in the zone. Single family and duplex dwellings are subject to the following requirements if one of the following is met:

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

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

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

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

e. The property is located in a planned unit development plat or overlay zone granted for increased density or other benefit not available under the zone.

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

a. Walls. All exterior walls of all structures shall be constructed in compliance with the following:

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

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

iii. Minimum Percentage of Brick or Stone Facades. All single family detached, attached, or other multifamily residential unit combinations shall include a substantial use of brick, cultured brick, natural or cultured stone, wood or synthetic wood products and limited amounts of stucco. Vinyl and aluminum siding products are prohibited as wall materials. Bay windows and other architectural elements protruding from the facades may be clad in other materials.

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

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

i. Generally, for structures lower than forty feet high, gable or hip roofs are preferred for the primary roof form. The primary gable roof slope shall not be less than 5:12 and not less than 6:12 for single family and two family residences.

ii. Secondary roof structures such as porch roofs, roofs over bay extensions, bay windows, etc., may include other roof forms such as shed roofs, and hip roofs in combination with gable roofs. However, the secondary roofs shall be consistent or complementary with the primary roof form. Secondary roofs that slope should not be less than 4:12. Flat roofs may be also appropriate for small areas.

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

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

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

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

d. Garages. Garage doors must be set back a minimum of twenty feet from the property line or sidewalk, whichever is greater, if off-street parking is to occur in the driveway. In all cases where garage doors face a street, the garage door shall be recessed a minimum of two feet behind the front line of the building living area (porches, bay windows, and similar projections not included).

e. See Section 17-7-15.6 for general architectural standards.

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

b. Minimum Model Characteristics for Single Family Detached, Attached, or Other Multifamily Residential Unit Combinations That Appear to Be a Single Large House. Each housing model shall have at least three characteristics, which clearly and obviously distinguish it from the other housing models, such as different floor plans, exterior materials and colors, roof shapes, garage placement, window size/proportion/pattern, placement of the footprint on the lot, and/or overall building facade design. Only a maximum of fifty percent of street-accessed garages shall have garage doors facing the street with the balance being alternative side- or rear-loaded and/or detached rear yard garages, etc., except that all opposing block faces shall duplicate the opposite side of the street; only front driveway block faces will face each other, only alley-loaded block faces will face each other. Each such alternatively loaded garage plan will constitute a distinct model for the purposes here.

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

3. Required Residential Open Space and Landscaping. All required landscaping shall be installed as a condition precedent to receiving a certificate of occupancy unless seasonal conditions make installation unfeasible, in which case the applicant shall provide cash security or its approved alternative, for all landscaping, which landscaping shall be installed by the following May 31st. The following open space, landscaping and recreational amenities standards are not mutually exclusive and shall apply to all new residential development in the zone:

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

i. The applicant shall dedicate not less than thirty-five percent of the interior of the proposed development area as open space; or

ii. The applicant shall develop as open space not less than twice as much of the site area as is utilized for surface parking, including the parking stalls, aisles and associated hardscape but not including required parking lot landscaping or private driveways. Surface parking stalls include any dedicated parking spaces not located in the enclosed levels of a parking structure, underneath living spaces, or in a structure attached to a dwelling unit.

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

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

d. See Section 17-7-15.7 for further landscaping standards.

C. The following landscaping standards apply to the front and side yards of all single family and duplex dwellings that are not subject to subsection (B) of this section:

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

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

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

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

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

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

D. External Accessory Dwelling Unit Standards. An external accessory dwelling unit shall meet the following development standards:

1. Proximity. An EADU must be located at least six feet from the main building.

2. Location. An EADU must be located in either the rear or side yard.

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

4. Height. An EADU may not exceed twenty feet for a pitched roof and sixteen feet for a flat roof.

5. Stories. An EADU may range from one to one and one-half stories.

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

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

8. Maintenance. It is the responsibility of the property owner to ensure the setback area between an EADU and the property line remains free of weeds, junk and debris. (Ord. 2024-26 § 1 (Att. A); Ord. 2022-03A § 1 (Att. I); Ord. 2021-19 § 1 (Att. A); Ord. 6/6/2006O-6 § 1)

17-7-15.5 Retail/office/flex and mixed-use lot and development standards.

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

A. Lot Size. No minimum lot size.

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

1. Except for property lines along State Street, there shall be no required setback from the property line, except as required by the Building Code and landscaped buffers.

2. For uses that front State Street, the minimum front yard setback is eight feet, which shall consist of an eight-foot sidewalk. A park strip, located within the right-of-way, shall be provided that is at least five feet wide that may consist of street trees, live ground cover plants or turf or hardscape if tree wells are provided.

3. For mixed-use buildings, the setback line is also a build-to line.

4. For uses that access or front on State Street other than mixed-use, a landscaped area up to an additional twenty-two feet may be provided between the eight-foot sidewalk and the front of the building.

5. Commercial buildings with drive-up windows may have a one-way drive lane located between the sidewalk and building front when the building is located such that only one access to the property is provided. A minimum five-foot landscaped berm must be provided between the sidewalk and drive lane, and the building foundation landscaping shall be provided.

6. No building shall be set back from State Street more than thirty feet except when more than one building is located on a property, secondary buildings up to fifty percent larger than the building located at the thirty-foot build-to line may be constructed behind the build-to line. All buildings that can reasonably be built at the building line, excluding areas needed for required setbacks, driveways and landscaping, must be located at the build-to line.

C. Build-To Line. All retail/office/flex and mixed-use structures located in the State Street overlay zone shall address adjacent public roads by being constructed at the build-to line. At least fifty percent of the adjacent facade must be built within three feet of the build-to line when the building is located at its maximum required setback. For those uses for which a flexible setback is allowed, at least fifty percent of the facade must be located within the maximum and minimum setbacks. For the purposes of this section, “build-to line” is defined as the maximum distance a use can be set back from the public right-of-way as required herein.

D. Height. The maximum height is five stories for portions of the structure more than one hundred feet from a single family detached or attached residential development. If a structure is constructed within seventy-five feet of a single family structure located within a single family residential zoning district, the maximum height shall be forty-five feet for a pitched or forty-two feet for a flat roof.

E. Retail/Office/Flex and Mixed-Use Architectural Standards. All new development must present an attractive, coordinated streetscape, incorporate architectural and site design elements appropriate to a pedestrian scale and provide for the safety and convenience of pedestrians. All new development shall comply with the following architectural standards:

1. 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 and screening walls shall be of materials complementary to the building’s materials. Buildings shall use a cohesive palette of colors which complement nearby buildings. Without limiting the use of color, large areas of wall shall be subdued in color and not reflective. Intense colors should be used as accent only.

2. 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.

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

4. See Section 17-7-15.6 for general architectural standards.

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

1. Minimum Landscaped Area. Fifteen percent of the interior of each retail/office/flex lot and twenty percent of the interior of each mixed-use lot shall be developed as landscaped setbacks, courtyards, plazas, open space or walkways. Landscaped areas shall not be less than five feet wide. Building foundation landscaping is not interior landscaping. The applicant must landscape a minimum of ten feet between the side yard and the abutting property line when the side or rear yards are in public view.

2. See Section 17-7-15.7 for further landscaping standards. (Ord. 6/6/2006O-6 § 1)

17-7-15.6 General architecture standards for the State Street overlay zone.

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

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

2. High standards for exterior materials, exterior building systems, and their application are expected. In particular, the design, and application of EIFS or synthetic stucco is expected to be of a high enough quality to allow for crisp detailing and substantial relief. The use of EIFS on ground floor walls shall be limited to the surface area three or more feet above finished grade. The wall area from finished grade to where the use of EIFS begins shall be clad by a hard durable material such as brick, stone, architectural pre-cast concrete, or architecturally treated concrete masonry units.

3. Buildings shall provide variation in the form of facades that adjoin streets. Variations should result from significant dimensional changes in plane, color or detail as accomplished by such devices as protruding bays, recessed entries, upper level step-backs, arcades, offsets in the general plane of the facade, changes in materials or color, bay windows, vestibules, porches, balconies, exterior shading devices, nonretractable canopies or awnings, projecting cornices, or eaves.

4. Primary public entry(s) shall be architecturally emphasized so that pedestrians can easily find them.

5. Use awnings or canopies to reduce glare on storefront glass and to shelter the pedestrians standing near the storefront. Cantilever awnings and canopies from the building face so as to keep sidewalks as clear and unobstructed as possible.

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

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

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

9. Facade Features. All large retail building facades visible from public streets shall include architectural treatments that add detail and character, and reduce the appearance of massive blank walls. Techniques such as color and material changes, expression of structure, shifts in plane, offsets and projections, belt courses, reveals, pilasters, windows, doors, arcades, canopies, and other similar elements may achieve this standard.

10. Parapets. Large building roofs shall have parapets and enclosures concealing flat roofs and rooftop equipment from public view. Parapet and enclosure materials shall match the building in quality and detail.

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

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

a. Canopies, awnings or porticos.

b. Projecting eaves and cornices.

c. Recesses/projections of wall surfaces.

d. Arcades.

e. Raised parapets over the door.

f. Peaked roof forms.

g. Lighting features.

h. Entry plazas.

i. Display windows.

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

k. Integral planters or wing walls that incorporate landscaping.

l. Signs integrated with the building architecture.

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

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

3. Final Site Plan Approval. The developer shall include these elements in the landscaping plans, development layout and other plans included in the site plan packages for small scale master plan approval. The planning staff shall evaluate each final site plan for compliance with the unifying elements as approved by the planning commission.

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

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

1. Main Entry. The main entry into multi-tenant and multi-family structures shall be redesigned through architecture and landscaping to create a prominent focal point directing people into the buildings.

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

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

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

E. 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, Building 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; and

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

2. Height. No fence or wall may exceed seven feet in height, four feet in height from the front of the primary structure forward, nor three feet in the clear view 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;

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

e. Any fence within ten feet of a driveway shall not exceed three feet in height for the first ten feet behind the sidewalk.

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

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

F. Reserved.

G. 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 are 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.

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

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

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

4. Loading docks and/or service areas shall be located to the side or rear of buildings. Where they are directly visible from streets, and nearby residential buildings, they shall be screened by walls at least eight feet high, or densely and continuously massed landscaping that maintains its screening capabilities in the winter. Raised planters, berms or other land forms may also be used in conjunction with landscaping or walls. A combination of dense, continuous landscaping and walls may allow the use of lower walls, but no lower than four feet high from finished grade.

Materials	Configurations	Techniques
Walls
Building Walls: 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. Trim around openings may be in an accent color. Earth tones to colors with some white and gray. Trim around openings may be in an accent color.
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.
Openings
Entry Doors: Windows:	Must face front yard or be placed within 3' of the front. Bay windows shall have 3—5 sides.	Must be covered by a roof and must be a primary element of the front of the structure.
Elements
Entry Porches: Front steps shall be constructed of durable materials. Miscellaneous: Security devices shall have materials and colors that complement the building’s material. Accessory structures shall be compatible with the primary development.	Satellite dishes over 12'' 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 from front of primary structure forward is 4'. Max. height in clear view triangle is 3'. Max. height on lot is 7'.	When a masonry wall is constructed, it shall be at least 8'' in thickness and capped by a top course suitable for weather protection.

(Ord. 2019-06 § 1 (Att. B); Ord. 2016-15 § 1 (Att. A); Ord. 6/6/2006O-6 § 1)

17-7-15.7 General landscaping requirements for the State Street overlay zone.

All required landscaping shall be installed as a condition precedent to receiving a certificate of occupancy unless seasonal conditions make installation unfeasible, in which case the applicant shall provide cash security or its approved alternative for all landscaping, which landscaping shall be installed by the following May 31st. The following landscaping standards apply to all new residential development in the zone except the rear yards of single family and duplex dwellings:

A. Minimum Landscaped Area. The applicant shall landscape twenty-five percent of the interior of a proposed residential development, fifteen percent of the interior of a proposed retail/office/flex or other commercial development or twenty percent of the interior of a proposed mixed-use development area. Landscaped areas shall not be less than five feet wide. Building foundation landscaping is not interior landscaping. The applicant must landscape a minimum of ten feet between the side yard and the abutting property line when the side or rear yards are in public view.

B. Physical Connections. Projects shall be planned to provide a continuous trail system throughout the project area, connecting it to the regional trails and bikeways that exist or are planned. Sidewalks may be considered as trail linkages if pedestrians and bicyclists are separated and the dual-use sidewalk has at least a clear width of ten feet.

1. Each public entrance to each building, unit and/or business shall have a system of pedestrian walkways and sidewalks that provide connections between the building entrances, neighboring building entrances, sidewalks, parking areas, open space and public trails.

2. Public access shall be provided to all open space, directly from the public street/sidewalk system or through off-street pedestrian and/or bicycle paths.

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

D. Landscaped Setback from Edge of Public Rights-of-Way Other Than State Street. The landscaped setback from the edge of public rights-of-way other than State Street shall be twenty feet. Courtyard or plaza areas shall be deemed to be a part of the front setback of the building. All front setback areas shall be landscaped as follows:

1. Deciduous trees shall be installed in all retail/office/flex and mixed-use areas at a rate of one two-inch caliper tree per seven hundred fifty square feet of landscaping. These trees may be clustered but there shall be no more than one hundred feet between trees.

2. Deciduous trees shall be installed in all residential areas at a rate of one two-inch caliper tree per thirty feet of frontage. These trees may be clustered but there shall be no more than fifty feet between trees.

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

E. Residential Buffer. A landscaped buffer shall be required to separate existing residential uses from two or more story residential uses and all commercial and industrial uses.

1. Landscaped Buffer Area. The landscape buffer area must be a minimum of twenty 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 twenty-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.

2. Fully Sight-Obscuring Fence. The land use authority 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.

3. Screening Trees. Existing trees between two or more story residential uses and all commercial and industrial uses and adjoining single family neighborhoods shall be preserved to the greatest extent possible and new evergreen and faster-growing deciduous trees shall be planted in adequate numbers between the two or more story residential uses and all commercial and industrial uses and these neighborhoods to provide both short term and winter screening. The land use authority may permit landscaped buffers only eight feet wide when screening trees in adequate quantities and locations are used.

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

G. Types of Vegetation. Except for landscaped setbacks to public rights-of-way, 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.

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

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

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

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

2. Criteria for Reducing 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 to four (one foot high per four feet wide) with a maximum height of four feet.

H. 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:

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

i. Project name and address;

ii. Applicant or applicant’s agent’s name, address, phone and fax number;

iii. Landscape designer’s name, address, phone and fax number; and

iv. Landscape contractor’s name, address, phone and fax number, if known.

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

i. Location of all plant materials, a legend with botanical and common names, and size of plant materials;

ii. Property lines and street names;

iii. Existing and proposed buildings, walls, fences, utilities, paved areas and other site improvements;

iv. Existing trees and plant materials to be removed or retained;

v. Designation of landscape zones; and

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

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

i. Layout of the irrigation system and a legend summarizing the type and size of all components of the system;

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

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

iv. Installation details for irrigation components.

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

i. Property lines and street names, existing and proposed buildings, walls, fences, utilities, paved areas and other site improvements;

ii. Existing and finished contour lines and spot elevations as necessary for the proposed site improvements; and

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

a. Plant Selection. Plants selected for landscape areas shall consist of plants that are well-suited to the microclimate and soil conditions at the project site. Plants with similar water needs shall be grouped together as much as possible. For projects located at the interface between urban areas and natural open space (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 amounts of dead wood or debris shall be avoided. Areas with slopes greater than thirty-three percent shall be landscaped with deep-rooting, water-conserving plants for erosion control and soil stabilization. Parking strips and other landscaped areas less than four feet wide shall be landscaped with water-conserving plants.

b. Mulch. After completion of all planting, all irrigated 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.

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

d. Turf Grass. Turf grass shall not exceed fifty percent of the landscaped area for any project. Turf areas shall be on a separate irrigation zone from other landscape zones.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

I. 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.

J. 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.

K. Enforcement. Failure to maintain required landscaping in a condition substantially similar to its original approved condition or alteration of any buffer without prior approval of the community and economic development department shall be a violation of this title and shall be a class B misdemeanor. (Ord. 2022-03A § 1 (Att. I); Ord. 2016-15 § 1 (Att. A); Ord. 6/6/2006O-6 § 1)

17-7-15.8 General parking requirements.

An applicant for new development or the expansion by more than twenty-five percent of an existing building mass or site size in the zone must provide off-street parking with adequate provisions for independent ingress and egress by automobiles and other motorized vehicles according to the parking requirements set forth in the mixed-use zone, except as provided herein. The planning commission shall grant a reduction of up to thirty-five percent of required parking upon an applicant’s demonstration of opportunities for shared parking within a mixed-use development.

A. On-Site Parking. An applicant shall propose on-site parking in accordance with the on-site parking requirements for the MU Zone. For those uses whose parking is not regulated by the MU Zone, on-site parking shall be provided as follows:

Uses	Parking Requirement (Number of Spaces)
Duplex	2 spaces per dwelling unit
Entertainment Center	1 per 4 seats or 5 per 1,000 s.f. of floor area, depending on type of facility
Hospital, Limited Care	1 per 2 beds
Hospital, General	3 per bed
IADU/EADU	1 space per unit
Live/Work Unit	2 per unit or 1 1/2 per unit in groups of 5 live/work units
Master Planned Development/Mixed-Use	Determined by planning commission, based on proposed uses and potential for shared parking
Retail & Service Commercial, Minor	3 for each 1,000 s.f. of net leasable building area
Restaurant, with Drive-Up	5 per 1,000 s.f. of net leasable floor area
Single Family	2 per dwelling unit
Senior Affordable Housing	Not less than 1 space per dwelling unit; plus not less than 0.3 spaces per dwelling unit for guest parking
Temporary Construction Site	1 for every 2 employees in the largest shift plus 1 for each vehicle used in conducting the business

B. Driveway Standards. The following driveway width dimensions 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. For all new development, driveways shall comply with the following standards:

1. No driveway shall be less than fifty feet from any intersecting right-of-way;

2. 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;

3. Single Family. The minimum driveway width for a single family use is ten feet. The maximum driveway width for a single family detached use is twenty feet or forty percent of the lot frontage, whichever is greater;

4. Duplex/Multifamily. The following standards apply to new development of duplex and multifamily uses:

a. Shared Drive for Two Units. The minimum driveway width for a use shared by a duplex is twelve feet. The maximum driveway widths for a single family use shared by two units is twenty feet or forty percent of the lot frontage, whichever is greater;

b. Shared Drive for Three or More Units. The minimum driveway width for a multifamily use shared by three or more units are as follows:

i. One-Way Drive. The minimum one-way drive width is fifteen feet. The maximum one-way drive width is twenty feet.

ii. Two-Way Drive. The minimum two-way drive width is twenty feet. The maximum two-way drive width is twenty-four feet.

C. Surface Parking. Large areas of surface parking are not generally conducive to good, walkable, livable development. Parking areas should be located underground, under buildings, or in garages as much as possible. When a developer locates more than sixty percent of the total required parking underground, under buildings or in garages, then the permitted height for the buildings in that project may be increased by one story except in those areas located within seventy-five feet of a single family structure located within a single family residential zoning district where the maximum height shall be forty-five feet for a pitched or forty-two feet for a flat roof.

D. The minimum required on-site parking must be provided for the use of the owner or tenant of a dwelling unit in a mixed-use project or a multifamily dwelling and their guests at no additional cost beyond the base sale or lease price of the dwelling unit. (Ord. 2022-09 § 1 (Att. M); Ord. 2021-19 § 1 (Att. A); Ord. 2015-06 § 1 (Att. B); Ord. 6/6/2006O-6 § 1)

17-7-15.9 Outdoor lighting standards.

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:

A. 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.

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

a. 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.

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

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

d. 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.

1. 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.

2. 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.

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

4. 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.

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

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

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

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

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

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

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

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

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

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

2. 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

3. A point-by-point light plan to determine the adequacy of the lighting over the site. (Ord. 2019-06 § 1 (Att. B); Ord. 6/6/2006O-6 § 1)

17-7-15.10 Streets and alleys.

A. All public streets and all private through streets whose purpose, in addition to providing access to property, is to facilitate circulation and connectivity through a development, shall provide a detached sidewalk at least five feet wide, a planting strip between the sidewalk and the back of curb at least eight feet wide, and street trees. The tree requirement shall be calculated at one tree per forty feet of frontage, either grouped or spaced at reasonable intervals.

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

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

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

E. Parallel on-street parking should be encouraged on all local and collector streets. Diagonal and head-in parking off of local or collector streets shall be used only in commercial or mixed-use areas, not in residential areas. Areas with on-street parking shall include raised crosswalks, raised intersections, textured pavements, neck downs, chokers, and other traffic calming devices that slow speed and enhance the ability of pedestrians to utilize the streetscape.

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

G. Pedestrians shall be buffered from the travel lane next to the curb by at least an eight-foot planting strip with street trees no more than forty feet on center apart, or by at least a five-foot amenity zone between back of curb and walking zone with street trees in grates or planted cut-outs. Where feasible, on-street parallel parking is also encouraged to provide additional buffering to the pedestrian environment, and pedestrian activity on the street.

H. All accesses within a State Street overlay zone shall have connectivity with existing and future street patterns. Cul-de-sac streets will not be approved unless it can be demonstrated that no other practical way exists to provide access and connectivity. (Ord. 6/6/2006O-6 § 1)

17-7-15.11 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 said conduit. All underground conduit shall be installed in conformance with city standards as identified in city construction standards and specifications. (Ord. 6/6/2006O-6 § 1)

17-7-15.12 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 Sections 17-7-5.7 and 17-7-15.8;

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;

iii. A design which precludes a front yard playground and signage in excess of a two-square-foot nameplate; and

iv. A delivery, traffic and parking plan which adequately mitigates the adverse impacts of increased traffic generation on the neighborhood in which it is located.

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

i. The maximum number of residents shall be:

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

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

ii. A complete application shall include:

(A) Proof of state license for assisted living, senior housing, congregate care, or its equivalent;

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

(D) A sign plan which includes no more than two square feet of signage for facilities on public streets smaller than collector streets, and monument signs not to exceed thirty-two square feet for facilities on public streets considered collector streets or larger; and

(E) A delivery, traffic and parking plan which adequately mitigates the adverse impacts of increased traffic generation on the neighborhood in which it is located. The parking plan should propose parking appropriate to the proposed use of the facility, which plan may propose parking below the standards listed in Section 17-7-15.8.

c. Neighborhood Commercial Uses. Each application for a neighborhood commercial use shall demonstrate that the proposed use:

i. Is pedestrian oriented and shall primarily serve the neighborhood in which it is located;

ii. Is located on a lot at the intersection of two surface streets, each with a minimum right-of-way width of fifty feet;

iii. Is limited in size to a maximum footprint of one thousand five hundred square feet;

iv. Has a maximum of four on-site parking spaces that shall be located in the rear of the building;

v. Is architecturally compatible with the underlying zone;

vi. Shall operate no earlier than seven a.m. and no later than nine p.m.;

vii. Includes neither outdoor storage nor an outdoor display of merchandise, but may include outdoor dining;

viii. Includes a delivery plan which adequately mitigates its impact on the residential neighborhood in which it is located;

ix. Screens light trespass to adequately mitigate lighting impacts on surrounding uses;

x. Does not require a lot combination or consolidation of existing platted lots; and

xi. Includes the owner’s covenant to comply with the foregoing, which covenant shall run with the conditional use permit.

d. Disabled Care Facility. Each application for a disabled care facility must comply with the following:

i. The structure shall gain access from public streets considered collector streets or larger.

ii. The maximum number of patients shall not exceed sixteen.

iii. The following individuals shall not be permitted in a residential setting:

(A) Persons currently using controlled substances or who are in the process of detoxification;

(B) Persons with a violent or predatory background. This includes those charged or convicted of murder or attempted murder, predatory sexual offenses, assault and battery, robbery, burglary or theft, concealed weapons, and any other crime involving violence or weapons.

iv. A complete application shall include:

(A) Proof of state license for a “residential treatment program” from the Utah Department of Human Services Office of Licensing;

(B) A design, residential in character and architecturally compatible with the neighborhood, which adequately screens the use from neighboring lots;

(D) A covenant stating:

(1) Professional staff will be on site at all times;

(2) A continual and accurate background record of all patients will be kept and made available to the city. Names of patients may be omitted from the record made available to the city for privacy and confidentiality;

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

(F) A sign plan which may include a monument sign not to exceed thirty-two square feet or a name plate attached to the structure not to exceed two square feet; and

(G) 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 17-7-15.8.

a. Accessory Structure (Unoccupied). An unoccupied accessory structure shall meet the following development standards:

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

ii. Setbacks. An unoccupied accessory structure must be located in either the rear or side yard with a five-foot setback, except an accessory structure located at the front yard setback of an adjacent corner lot must be at least fifteen feet from the corner lot line.

iii. Height. An unoccupied accessory structure height may not exceed twenty feet for a pitched roof and sixteen feet for a flat roof.

iv. Stories. An unoccupied accessory structure may range from one to one and one-half stories.

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

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

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

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

b. Swimming Pool. Each application for a swimming pool shall include a fence designed to exclude unattended children.

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

d. Telecommunications Facility. Telecommunications facilities in the State Street overlay zone shall be regulated by Section 17-7-5.8 except as provided herein. This section applies to both commercial and private low-power radio services and facilities, such as “cellular” or “PCS” (personal communications system) communications and paging systems.

e. 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. (Ord. 2024-26 § 1 (Att. A); Ord. 2022-13 § 1 (Att. A); Ord. 2021-19 § 1 (Att. A); Ord. 2016-15 § 1 (Att. A); Ord. 10/6/2009O-19 § 1 (Att. A); Ord. 6/6/2006O-6 § 1)

17-7-15.13 Reserved.

(Ord. 2024-27 § 1 (Att. A); Ord. 6/6/2006O-6 § 1)

17-7-15.14 Live/work units.

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

A. A live/work unit may be located only in mixed-use areas or on the fringes of residential areas in groups of dwellings that border commercially zoned areas;

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

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

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

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

F. Live/work units shall not include outdoor storage, outdoor display of merchandise, or parking/storage of any vehicle in excess of twelve thousand pounds gross vehicle weight;

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

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

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

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

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

L. Live/work units are limited to professional office, nonindustrial artistic, architectural/engineering office, real estate office, mail/internet supply offices and other similar uses. Retail uses are prohibited except that architectural, artistic, engineering, drafting, and similar on-premises products may be displayed and sold by appointment only. Other prohibited uses include animal related uses, auto related uses, medical offices, sexually oriented businesses, and any use prohibited in the applicable zoning district. (Ord. 6/6/2006O-6 § 1)

17-7-15.15 Signs.

Sign Type	Max. Area	Max. Height	General Restrictions
A-frame	6 s.f.	4'	One per ground level tenant. Must not impede pedestrian movement.
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.
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	n/a	Must be attached to main building. All signs attached to 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.
Projecting Wall	12 s.f.	≥ 8' above sidewalk	Project ≤ 4' from facade.
Real Estate	32 s.f.	12'	3' max. height in sight distance triangle.
Suspended	60 s.f.	n/a	Sign area is one square foot per lineal foot of building.
Temporary			See text.
Window	25% of window area		See text.

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 linear 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 for a multifamily project. 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. Monument signs shall be constructed with materials similar to that of the main building.

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

H. Clearance and Setbacks. The following standards apply:

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

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

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. 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.

4. 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. 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.

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

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

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

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

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

5. Flag banners shall contain no advertising copy. For the purposes of this subsection the project name is not considered to be advertising copy. (Ord. 2015-13 § 1 (Att. A); Ord. 5/1/2007O-5 § 1; Ord. 6/6/2006O-6 § 1)

17-7-15.16 Itinerant merchants.

Itinerant merchants are prohibited in the State Street overlay zone. (Ord. 6/6/2006O-6 § 1)

17-7-15.17 Related provisions.

A. Title 5, Licensing.

B. Title 16, Subdivisions.

C. Chapter 17-2, Definitions.

D. Chapter 17-3, Administration and Enforcement.

E. Chapter 17-7-5, Mixed-Use Zone (MU). (Ord. 6/6/2006O-6 § 1)