Midvale City Zoning Code
17-7-16 Public
Facilities Overlay Zone
17-7-16.1 Purpose.
The purpose of the public facilities overlay zone is to provide for locations and appropriate standards for a range of public uses conducted by governmental and specified agencies. These uses are operated for the benefit of the community, and provide basic services and essential support services for the community. Because of the nature of these uses, they are generally not identified with any specific zone district, having the need to locate in areas that best serve the community. The overlay zone allows the city council, through its legislative discretion, to provide for areas in which to locate public facilities to best support the community in a cost effective and efficient manner. It is the intent of this overlay to protect neighboring private uses from incompatible public uses and ensure the impacts associated with the public uses are appropriately mitigated. (Ord. 2012-18 § 1 (Att. A))
17-7-16.2 Public facilities.
The following are defined as public facilities, and may be allowed in a public facilities overlay zone. These public facilities must be operated by a governmental or specified agency. If a facility is not specifically designated, it cannot be considered under this overlay.
A. Government buildings.
B. Fire station.
C. Police station.
D. Park/playground.
E. Recreation and community center.
F. Library.
G. Educational institution.
H. Cemetery.
I. Special service district facility for sewer, “special service district” defined by Utah Code.
J. Special service district facility for water, “special service district” defined by Utah Code. (Ord. 2020-06 § 1 (Att. A); Ord. 2016-08 § 1 (Att. A); Ord. 2012-18 § 1 (Att. A))
17-7-16.3 Review process.
The review process for all applications intended to utilize the public facilities overlay zone shall follow the process outlined in Section 17-3-1, Amendments to the zoning code or map. The application shall include a binding site plan, which shall be reviewed in conjunction with the proposed use. The public facilities overlay rezone is contingent upon approval of the site plan. The site plan shall include the information required in Section 17-3-3(E), Site Plan Review. (Ord. 2012-18 § 1 (Att. A))
17-7-16.4 Criteria—Required findings.
The planning commission may recommend and the city council may grant approval of a public facilities overlay zoning designation only if it determines, in written findings, the application has demonstrated the following:
A. There is a demonstrated need for the public facility within the community at large and it is not contrary to the public interest.
B. The public facility is consistent with the goals and policies of the general plan, and applicable ordinances of the city where feasible.
C. The public facility is located, planned and developed in such a manner that it is not inconsistent with the health, safety or general welfare of persons residing or working in the city. This includes, but is not limited to, the following:
1. The generation of noise, noxious or offensive emissions, or other nuisances which may be injurious or detrimental to the surrounding area.
2. The availability of public services to support the public facility, including utilities; vehicular, pedestrian and public transit systems; police; fire; education; and social and health services.
3. The adequacy of landscaping, screening and buffering, building setbacks, parking, open space, or other development characteristics necessary to mitigate the impact of the public facility on neighboring properties.
4. Proposed public facilities which exceed the bulk, height, density, or other use standards in the underlying zone must demonstrate such variances are essential to the function or operation of such facility. The development standards of the underlying zone and adjacent development shall be utilized where feasible.
D. The public facility complies with the specific review criteria for the use contained herein. (Ord. 2012-18 § 1 (Att. A))
17-7-16.6 Specific review criteria for certain public facility uses.
In addition to the foregoing, the following criteria must be satisfied in order to approve an application for each of the following uses:
A. Telecommunications Facility. Each application for a telecommunications facility shall comply with the following criteria:
1. The telecommunications facility must be located with and designed as part of a public facility.
2. Evidence must be provided demonstrating the telecommunications facility location and configuration is necessary to provide transmission/reception coverage for an area that cannot otherwise be serviced by other telecommunications facility sites; and, without the proposed telecommunications facility, it would result in a public detriment.
3. The telecommunications facility shall be designed to allow for co-location of services for multiple providers if possible.
4. If the telecommunications facility includes a tower or pole above thirty-five feet in height, the structure shall comply with the following:
a. The structure shall be located a minimum of two hundred fifty feet from an existing residential use.
b. The maximum height shall be eighty-five feet.
c. No more than one tower or pole of any height shall be considered for each public facility. (Ord. 2016-08 § 1 (Att. A); Ord. 2012-18 § 1 (Att. A))
17-7-16.7 Modification to use or plan.
Modifications to a public facility shall be reviewed by the community and economic development department. If the community and economic development department determines the proposed modification is major, the major modification will require reapplication and reconsideration consistent with the process and requirements of this chapter. (Ord. 2012-18 § 1 (Att. A))