Midvale City Zoning Code

17-7-17 Transit-Oriented

Development Overlay Zone TODO

17-7-17.1 Purpose.

The Midvale City general plan identifies the areas around TRAX stations as “opportunity areas” of the city. Opportunity areas are defined as those where changes in the types and/or intensities of current land uses are anticipated. Encouraging a mix of residential and commercial uses is important to provide the critical mass necessary to support the existing commercial, attract new, viable businesses to the area and support the growth of the region. This overlay zone implements the goal of supporting and enhancing existing areas by providing standards for the development of high quality, higher density residential, commercial and mixed-use developments within the transit-oriented development zone. This chapter informs the owners of the standards that will be applied in approving or disapproving proposed developments. Due to the urban nature of this overlay zone as a result of the increased density and building height, additional mitigating standards are included to supplement the standards of the transit-oriented development (TOD) zone. A development plan including site layout, parking, landscaping, architecture and relationship to the surrounding development shall be submitted.

The goals for developing within the transit-oriented development zone overlay include the following:

A. Provides critical mass necessary to help facilitate the reinvestment and redevelopment of the existing commercial base within the transit-oriented development zone and surrounding commercial areas;

B. Takes advantage of transit and existing transit opportunities;

C. Creates a consistently high quality urban environment;

D. Provides pedestrian connections within and among developments and between adjacent neighborhoods to create a walkable area;

E. Enhances the investment of those locating within and around the transit-oriented development zone;

F. Respects the existing development pattern through a variation in height, form and scale;

G. Provides compatibility between residential and commercial uses to create a comfortable environment for both shoppers and residents;

H. Promotes economic development by increasing the utilization of existing undeveloped or underdeveloped parcels. (Ord. 2017-04 § 1 (Att. A))

17-7-17.2 Use table.

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

Type	Allowed	Administrative	Conditional	Business License
Alcoholic Beverage
Class A License	X			X
Class B License	X			X
Class C License	X			X
Restaurant	X			X
Private Club	X		X	X
State Liquor Store	X			X
Assisted Living Facility
≤ 1/2 acre		X		X
> 1/2 acre			X	X
Auditorium, Assembly Hall			X	X
Child Care
Center: ≤ 6 children	X			X
Facility: ≥ 7 children		X		X
Dwellings
Mixed-Use, Commercial or Vertical			X	X
Entertainment Center			X	X
Fences
≤ 7'	X
> 7'		X
Financial Institution
W/o Drive Up Window	X			X
Home Occupation	X			X
Hotel/Motel			X	X
Itinerant Merchant
Vending Carts	X			X
Seasonal Produce Stands	X			X
Live/Work Units			X	X
Medical Cannabis Pharmacy*	X			X
Municipal Facilities
Parks		X
Public Safety Facility		X
Public Utilities
Major			X
Minor		X
Recreational Facilities
Commercial			X
Public	X
Trails		X
Office
General	X			X
Intensive			X	X
Outdoor Dining		X
Parking Lot
Commercial			X	X
Private	X
Pre-Existing Landscaping	X
Pre-Existing Lighting (outdoor)	X
Pre-Existing Lot	X
Pre-Existing Structure	X
Pre-Existing Use	X
Quasi-Public Facilities			X	X
Religious/Educational Institute
Permanent	X			X
Temporary			X	X
Retail and Service Commercial
W/o Drive Up Window	X			X
24-hour use			X	X
Shopping Center			X	X
Telecommunications Facility		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. (Ord. 2025-14 § 1 (Att. A); Ord. 2025-03 § 1 (Att. A); Ord. 2024-27 § 1 (Att. A); Ord. 2020-02 § 1 (Att. A); Ord. 2017-04 § 1 (Att. A))

17-7-17.3 Development standards.

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

A. Lot Area. There is no minimum lot area.

B. Setbacks. Development shall comply with the following setbacks:

1. Front. Any frontage of a property is required to comply with the front yard setbacks in this subsection. The front yard setback is ten feet, which shall include a ten-foot-wide sidewalk, with tree wells, street furniture, planter boxes, and other urban design amenities. Additional front yard setback beyond ten feet is permitted if the additional area provides space for outdoor dining, shopping, a patio, or a courtyard. The front yard setback is measured from the back of curb.

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

b. Projections. Sills, cornices, flues and ornamental features may project into the front yard setback up to two and one-half feet, provided the feature does not impede pedestrian traffic on the sidewalk and is at least eight feet above the ground. Eaves, awnings, arcades and second story and above balconies may project into the front yard up to five feet so long as these elements are at least eight feet above ground and do not impede pedestrian traffic on the sidewalk.

2. Rear. There is no rear yard setback for development except as required by the International Building Code, landscape buffers, and the single family setback. The rear of a building may not abut a public street.

3. Side. There is no side yard setback for development except as required by the International Building Code, landscape buffers, and the single family setback. The only allowed uses within the side setback are outdoor dining, gathering, and shopping.

4. Single Family Setback. The minimum setback from the property line, when adjacent to a single family residential zoned property, is fifteen feet, subject to the following requirements and exceptions. Development is considered adjacent when the development property directly abuts a single family residential zone property.

a. Three-story structures must be set back thirty feet from an adjacent single family residential zoned property. Four-story structures must be set back forty-five feet from an adjacent single family residential zoned property. Five-story structures and above must be set back sixty feet from an adjacent single family residential zoned property. Every additional two stories must have a building step-back of fifteen feet up to seven stories from an adjacent single family residential zoned property (up to ten stories only if incentives have been obtained, the tenth story does not need a separate setback).

b. Projections. Sills, cornices, chimneys, flues, eaves, and ornamental features may project into the setback up to two and one-half feet.

c. Stairs and Landings. Outside stairways and landings required by building code for exterior doorways may project into the setback up to three feet.

C. Build-To Line. The front yard setback is the build-to line. At least fifty percent of the front elevation must be built within three feet of the build-to line. Recessed plazas, courtyards and trellises are encouraged. The structure may be set back an additional fifteen feet to allow for the inclusion of an outdoor dining area, courtyard, patio, or outdoor shopping area.

D. Height. The maximum height for a structure is five stories, unless the structure qualifies for incentives under this section. The maximum height for any structure is one hundred fifty feet.

E. Maximum Density. For commercial and vertical mixed-use development, the maximum density is eighty-five dwelling units per acre.

F. Stories. All building types must be from three to five stories.

G. Vertical or Commercial Mixed-Use Requirement. A vertical or commercial mixed-use component is required in the areas shown in Figures 1 and 2 below. The first story of any vertical or commercial mixed-use structure must consist of a minimum of fifty percent of the building footprint as office, retail, or restaurant use. Buildings that front on Fort Union Blvd may not contain office use along that frontage on the first story. Additional retail, restaurant, or office uses may be included in upper stories if multi-family residential units make up at least fifty percent of the building’s gross floor area. Developments in the required mixed-use areas automatically qualify for the incentive in subsection (H) of this section.

Figure 1. Required Mixed-Use Area Near Center Street TRAX Station

Figure 2. Required Mixed-Use Area Near Fort Union TRAX Station

H. Incentive for Vertical or Commercial Mixed-Use Component. A vertical or commercial mixed-use structure may have up to ten stories and no maximum density if the first story of the structure consists of a minimum of twenty-five percent office, retail, or restaurant use.

I. Incentive for Affordable Housing. A vertical or commercial mixed-use structure may have up to ten stories and no maximum density if at least ten percent of the dwelling units in the structure are deed-restricted as affordable housing.

J. Required Recreational Amenities. A vertical or commercial mixed-use structure that has a residential use must provide both indoor and outdoor recreational amenities for residents of the structure. The number and type of amenities shall be based on the unit count for the project and calculated as follows:

Unit Count	Type of Amenity
< 100 units	2 indoor amenities 1 outdoor amenity
100—200 units	3 indoor amenities 2 outdoor amenities
201—400 units	4 indoor amenities 3 outdoor amenities
> 400 units	5 indoor amenities 4 outdoor amenities

The following recreational amenities can be used to meet the indoor amenity requirement: minimum one thousand square-foot fitness center (can be counted as two amenities); minimum five hundred square-foot club/recreation room; minimum two hundred square-foot business center/meeting room; or minimum one hundred fifty square-foot yoga room; theatre room; golf/sports simulator.

The following recreational amenities can be used to meet the outdoor amenity requirement: pool and spa; outdoor kitchen/barbeque area with tables and seating; pavilion with tables and seating; tot lot; perimeter jogging/walking path with connection to a public pedestrian system and public recreation areas; firepit with seating; or sports court.

K. Structure Orientation and Scale. Structures shall be oriented and scaled as follows:

1. Structures shall be serviced by a minor street or driveway and may not gain access from Center Street or a feeder, collector, major collector, or minor arterial street except as approved by the city engineer. Structures that front a courtyard, paseo, common open space, or recreation area are encouraged.

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

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

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

5. Structures shall be designed with separate residential and commercial entrances.

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

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

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

9. Structure design and orientation should consider exposure to sunlight to avoid energy inefficiencies.

10. Gathering areas in central areas and between structures are encouraged. These areas shall be designed, through landscaping, hardscape, outdoor furniture, and public art, among others, to create a conducive atmosphere for people to come together. (Ord. 2025-03 § 1 (Att. A); Ord. 2018-03 § 1 (Att. A); Ord. 2017-04 § 1 (Att. A). Formerly 17-7-17.4)

17-7-17.4 Architectural standards.

All development shall comply with the following architectural standards:

A. New Structure Form. Structures shall be designed to relate to grade conditions with a minimum of grading and exposed foundation walls. The design shall create easy pedestrian access from adjacent uses, on-street parking, sidewalks and parking areas. Commercial buildings shall be designed with ground floor architectural separation to enhance street activity and walkability. All proposed building designs must incorporate an expansive use of windows, balconies, terraces, arcades or other design features, which are oriented to the street and other pedestrian accesses, to maximize the pedestrian interface. Windows, display windows and doors must comprise at least forty percent of street-facing facades on the developments with first-floor commercial uses. Blank facades are not allowed to face public rights-of-way and may not exceed thirty feet in length on all other facades.

B. Walls. No more than three materials shall be used for primary wall surfaces. All exterior walls shall be constructed in compliance with the following:

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

2. Stucco. The use of stucco, synthetic stucco and EIFS should be limited and shall not exceed fifty percent of any elevation.

3. Other Architectural Materials/Finishes. Architectural precast concrete, architecturally treated concrete masonry units, and architectural metals should be used primarily to provide architectural detail and relief. Fiberglass and/or metal panels may be used in relatively small quantities.

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

5. Base Materials. Each building shall have a base with a minimum height of one-third the overall height of the structure. The base shall extend beyond the plane of the wall above it, creating a larger mass at the base of the building.

6. Brick and Rock Pattern. Ledge stone, uncoursed ledge rock, random or coursed ashlar Flemish bond, English bond, common bond, running bond or drystack patterns shall be used for finished brick, rock and stone work. Herringbone, basketweave, vertical stack, stack bond, uncoursed roughly squared, and other vertical, irregular, or diagonal masonry patterns or vertical, non-alternating bond courses may be used only as an accent. Other masonry patterns shall not be used on vertical surfaces.

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

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

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

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

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

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

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

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

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

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

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

1. Entry Doors. Entry doors must face the front yard or, if located on the structure 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.

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

3. Minimum Opening Area. At least twenty-five percent of any street-facing building facade shall be made up of window or door areas. At least fifteen percent of any other building facade on a third or higher story shall be made up of windows, balcony or other opening areas unless an adjacent building within twenty feet of that side face obscures the majority of that side face from public view.

E. Fences, Hedges and Walls. The following standards apply to 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 if it meets the following conditions:

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

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

c. No fence, hedge, wall, column, pier, post, or any similar structure may interfere or extend into a required sidewalk.

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 height in the sight distance triangle, measured as follows:

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

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

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

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

3. Building and Construction Standards. All fences and walls meet the requirements of Title 15 of this code, Buildings and Construction.

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

5. Barbed Wire and Electrical Fences. 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.

F. Lighting. Except for ordinary repairs and maintenance of lighting approved and installed prior to January 2, 2002, all development must comply with the following outdoor lighting standards:

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

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

i. Luminaire mounting height is measured from the parking lot or driveway surface.

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

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

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

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

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

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

d. Street lighting shall meet the requirements for street lights under Title 16.

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

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

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

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

c. A point-by-point light plan to determine the adequacy of the lighting over the site.

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

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

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 service areas shall be located to the rear of buildings. Where loading docks or service areas 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 wall may be shorter than four feet high from finished grade.

H. Corner Lot Improvements. Development of corner lots shall include curb extensions in conjunction with on-street parking. All curb cuts shall be placed on each street frontage, and not at a central location at the apex of the corner radius.

I. Street Furniture. All development shall include all-weather benches and shall incorporate trash receptacles and raised planters along the front facades of structures. All street furniture shall coordinate with one another and with adjacent properties and shall not have any writing or images.

J. Weather Protection. All development shall incorporate awnings, arcades or roof projections along pedestrian pathways to shield pedestrians from adverse weather conditions. Weather protection features such as awnings, canopies, or arcades shall be provided at all customer entrances. Awnings shall not be backlit.

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

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

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

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

a. Protruding bays or columns;

b. Recessed entries;

c. Upper level step-backs;

d. Arcades;

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

f. Changes in materials or color;

g. Bay windows;

h. Vestibules;

i. Porches;

j. Balconies;

k. Exterior shading devices;

l. Non-retractable canopies or awnings;

m. Projecting cornices; or

n. Eaves.

4. Window Treatments. Street-facing facades and the faces of vertical and commercial mixed-use structures shall include at least two of the following window treatments with at least one window treatment per window. All other facades and faces shall utilize at least one of the following window treatments per window. Treatments may include:

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

b. Window sills;

c. Window grids;

d. Window trim;

e. Window headers;

f. Window railing;

g. Recessed windows; or

h. Arcades.

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

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

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

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

d. Decorative parapets;

e. Reveals;

f. Pilasters;

g. Architectural banding or belt courses;

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

i. Rounded design at street corners;

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

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

6. Awnings/Canopies/Arcades. Awnings, canopies, arcades or other architectural features shall be used to reduce glare on front glass and to shelter the pedestrians standing near the structure. Cantilever awnings and canopies from the building facade so as to keep sidewalks as clear and unobstructed as possible.

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

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

9. Entryways. Each building or commercial or vertical mixed-use structure on a property 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; or

l. Signs integrated with the building architecture.

10. Secondary Facades. Building facades and the faces of vertical and commercial mixed-use structures 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.

11. Mixed-Use Buildings and Structures. Structures that include both commercial and residential uses shall make use of architecture, materials, terracing, scale and other techniques to create a distinct separation between the commercial and residential uses in the structure.

a. Mandatory Elements. Commercial and vertical mixed-use structures shall feature a combination of at least two of the following elements:

i. Terracing that creates a visual break between the commercial and residential areas of the structure;

ii. Material, color, and/or texture changes between the commercial and residential floors of the structure;

iii. Bulk or facade shifts between the commercial and residential floors of the structure;

iv. Architectural treatments that make the commercial portions of the structure serve as a base for the residential floors;

v. The use of a significant percentage of transparency on the commercial levels of a structure and smaller openings for the residential floors; or

vi. The use of balconies and/or bay windows for residential floors.

b. Signage. Commercial and vertical mixed-use structure shall make substantial use of signage that is pedestrian in scale and is intended to guide visitors in locating the commercial and residential portions of the structure.

L. Miscellaneous. Security devices shall have materials and colors that complement the structure’s material. Satellite dishes over eighteen inches shall not be placed in front yards.

M. Streetscapes and Pedestrian Connections. All development must present an attractive, coordinated streetscape. Development must incorporate interior pedestrian access between structures to minimize pedestrian travel through parking areas and provide for the safety and convenience of pedestrians by constructing pedestrian crossings with stamped, dyed, or raised walks. (Ord. 2025-03 § 1 (Att. A); Ord. 2019-06 § 1 (Att. B); Ord. 2017-04 § 1 (Att. A). Formerly 17-7-17.5)

17-7-17.5 Required landscaping.

All development shall comply with the following landscaping standards:

A. Landscape Plan Required. Each property shall be professionally landscaped according to an approved landscape plan. An approved landscape plan is a condition precedent to issuance of a building permit for a property.

B. Minimum Number of Trees. A minimum of one deciduous tree, two inches in caliper, for every thirty feet of frontage.

C. Residential Buffer. Development shall provide a minimum fifteen-foot landscaped buffer from residential-zoned properties consisting of large trees, shrubs, and a minimum seven-foot screening wall as provided in the diagram below. A screening wall up to eight feet may be approved by the planning commission if so warranted. The screening wall shall be constructed of wood, metal, brick, masonry or other permanent materials along all property boundaries adjacent to single family residential zones. Development that abuts a roadway bordering a single family residential zone is exempt from this requirement.

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

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

2. 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.

3. Street Trees. To promote a uniform appearance within the zone, street trees must be selected from Midvale’s Street Tree Selection Guide.

E. Sprinkling System. Landscaping shall be installed with an automatic sprinkling system designed to cover all plated areas, with no runoff.

F. Irrigation/Planting Plan. The applicant must submit a landscape plan documentation package as part of a site plan application. A copy of the approved landscape 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’s 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, 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;

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

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 shutoff 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 section are not satisfied.

G. 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. Mature landscaping, which has been approved to be removed, shall be replaced with like plantings exceeding the minimum requirements of this section.

H. 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. (Ord. 2025-03 § 1 (Att. A); Ord. 2019-06 § 1 (Att. B); Ord. 2018-03 § 1 (Att. A); Ord. 2017-04 § 1 (Att. A). Formerly 17-7-17.6)

17-7-17.6 Parking.

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 as follows. The planning commission may 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 or reduced parking due to proximity to public transportation.

Uses	Parking Requirement (Number of Spaces)
Assisted Living	1 per 2 bedrooms plus 1 per employee per shift, or 2 per 3 employees per shift, whichever is greater
Auditorium, Assembly Hall	1 per 5 seats or 3 per 100 s.f. of assembly area
Cafe/Deli	3 per 1,000 s.f. of net leasable building area
Child Care Facility/Center	1 per on-duty staff per shift and 1 per 6 children
Financial Institution	3 per 1,000 s.f. of net leasable building area
Hotel/Motel	1 per suite and 1 space per 200 s.f. of separately leasable space
Itinerant Merchant	See Section 17-7-17.11
Entertainment Center	1 per 4 seats or 5 per 1,000 s.f. of floor area depending on type of facility
Vertical Mixed-Use	(See subsection (D) of this section)
Offices, General	3 per 1,000 s.f. of net leasable building area
Offices, Intensive and Clinic, Medical	5 per 1,000 s.f. of net leasable building area
Public Safety Facility; Quasi-Public Facilities; Religious/Educational Institution; Public Utilities, major and minor	The greatest of: 1 per 5 seats, or 2 per 3 employees, or 1 per 1,000 s.f.
Recreation Facilities, Public	1 per 4 persons (based on the facility’s maximum rated capacity)
Recreation Facilities, Commercial	The greatest of: 1 per 4 seats, 5 per 1,000 s.f. of floor area, or 1 per 3 persons rated capacity
Retail and Service Commercial, Personal Service	3 for each 1,000 s.f. of net leasable building area
Retail and Service Commercial, Regional	5 for each 1,000 s.f. of net leasable building area
Restaurant, Standard and Bar	1 for every 100 s.f. of net leasable floor area, including kitchen areas
Shopping Centers	3.5 per 1,000 s.f. of net leasable building area

1. Off-Street Parking. The parking required herein must be located on the property except as specifically exempted herein.

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

3. Front Setback. No parking shall occur within the front setback of any building, except that when a single family attached or detached structure is located on a local street and is set back at least eighteen feet from the property line, a private driveway may be used for off-street parking.

B. Driveway Widths and Parking Lot Standards. The following driveway width dimensions and parking lot standards apply. The city engineer may approve minor variations (equal to or less than ten percent) in driveway width and spacing.

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

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

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

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

ii. Parking areas with over ten stalls must have a minimum of ten percent interior landscaping;

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

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

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

b. No driveway or aisle shall exceed three hundred feet in length unless traffic-calming devices/techniques are used to slow traffic and safely allow pedestrian crossings.

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

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 thirty-six feet.

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

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

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

3. Design/Architecture. Architectural relief shall be integrated into all facades to soften visual impacts and to provide a visual relationship with the surrounding structures. Parking garages and structures shall meet the following standards:

a. Parking structures shall include a layout that considers safe walking routes to elevators, stairways, doors, and to the sidewalk system.

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

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

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

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

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

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

h. The planning commission may waive one or all of the foregoing design/architecture requirements if an architect can demonstrate that the requirement in question is not feasible and when the architect has utilized other architectural methods to blend the structure with neighboring structures and screen the visual impacts of the structure.

D. Commercial and Vertical Mixed-Use Parking Standards. Parking for commercial and vertical mixed-use projects shall comply with the following standards. When using this provision, additional parking reductions shall not be applied.

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

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

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

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

c. Dwelling units with three or more bedrooms shall include an additional one-quarter parking space per unit;

d. One additional guest parking space for every four dwelling units shall be included on the parking plan; and

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

a. One-bedroom dwelling units shall be allowed a one-quarter parking space per unit reduction in the parking requirements.

b. Dwelling units that are deed-restricted for senior affordable housing may provide one parking space per dwelling unit and 0.3 spaces per dwelling unit for guest parking.

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

a. Up to sixty percent of the total parking spaces must be at least eight and one-half feet wide by eighteen feet long; however, the remaining parking spaces must be at least nine feet wide by eighteen feet long;

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

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

5. Owner/Tenant Parking. The minimum required on-site parking must be provided for the use of the owner or tenant of a dwelling unit and their guests at no additional cost beyond the base sale or lease price of the dwelling unit.

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

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

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

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

d. Driveways may not exceed a ten percent slope;

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

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

7. Street Access and Circulation. New medium and high density development shall provide the following:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

d. Driveways may not exceed a ten percent slope;

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

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

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

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

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

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

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

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

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

F. Calculation of Spaces. If a project incorporates two uses, the use requiring higher number of parking spaces shall govern. Whenever the calculation results in a fractional number, the number of spaces required must be rounded up to the next whole number.

G. 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.

H. Parking Lot Use. A parking lot shall only be constructed for uses allowed within the zone in which it is located. (Ord. 2025-03 § 1 (Att. A); Ord. 2025-02 § 1 (Att. A); Ord. 2022-09 § 1 (Att. N); Ord. 2019-06 § 1 (Att. B); Ord. 2017-04 § 1 (Att. A). Formerly 17-7-17.7)

17-7-17.7 Utilities.

A. Utility Burial. 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.

B. City-Wide Utility Infrastructure. Each project and each structure within each project shall include infrastructure that facilitates connection to Questar Gas, Rocky Mountain Power, Comcast Cable, UTOPIA Fiber, and Qwest Communications. This requirement may be waived if any of the aforementioned utilities decline, in writing, the opportunity to install or utilize the necessary infrastructure. The director of community and economic development and authorized deputies may approve the waiver. (Ord. 2025-03 § 1 (Att. A); Ord. 2017-04 § 1 (Att. A). Formerly 17-7-17.8)

17-7-17.8 Signs.

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.

Sign Type	Sign Area Max.	Height Max.	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.
Projecting Wall Sign	12 s.f.	n/a	May extend 4' from facade perpendicular to facade. Must be 8' above sidewalk. One per ground-level tenant.
Real Estate	32 s.f.	12'	3' max. height in sight distance triangle.
Suspended	60 s.f.	n/a	Sign area is 1 sq. ft. per lineal foot of building.
Temporary			See text.
Window	25% of window area		See text.

A. Multiple Sign Types. No more than two different sign types shall identify a business.

B. Wall Signs. One wall sign is permitted per sidewalk frontage. There shall be no more than two wall signs per tenant space. The maximum sign area is one square foot per each lineal foot of building elevation on which the sign is located, not to exceed sixty square feet. The overall length of a sign shall not exceed eighty percent of the width of the building on which it is located. The maximum letter size for a one-row sign shall be twenty-four inches and eighteen inches for two rows. Restaurants or other eating establishments may have one additional wall-mounted menu sign not to exceed three square feet. Second-floor tenants may have one additional wall-mounted directory sign located near street-level entrances not to exceed three square feet. The following four types of wall signs are allowed; all others are prohibited:

1. 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.

2. 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.

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

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

C. 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 of the awning or canopy. Letters shall not exceed eight inches in height nor occupy more than eighty percent of the width of the awning or canopy.

D. 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, or project more than four feet from the facade, and must be at least eight feet above the sidewalk.

E. Door/Window Signs. Lettering and logos may be applied directly onto storefront windows. This includes white gold leaf, applied vinyl, painted, etched or sandblasted. Total area of the sign (including lettering and logos) shall not exceed ten percent of the window area on which it is located. 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. 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 ten percent allowance.

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

G. Monument Signs. A monument sign is only allowed to identify projects that encompass a minimum of one and one-half acres, and not individual stores or tenants. One monument sign may be allowed per project. A monument sign shall not exceed thirty-two square feet or six feet in height, 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.

H. A-Frame Signs. One freestanding A-frame signboard per ground-level tenant may be placed on the 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.

I. 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.

J. 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. 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.

3. 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.

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

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

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

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

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

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

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

g. Revocation and Removal. The issuance of a permit to locate a bench or shelter within the city of Midvale creates only a license, revocable upon a showing of cause by the city, and shall create no permanent rights of any kind. Each bench or shelter must be removed within thirty days of written notification. Benches or shelters not moved within the thirty-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 thirty days of written notification. Newspaper or ad stands not moved within the thirty-day period will be removed by the city at the owner’s expense. Removal expense per stand shall be calculated based on using a two-man crew and one truck for one hour. (Ord. 2025-03 § 1 (Att. A); Ord. 2017-04 § 1 (Att. A). Formerly 17-7-17.10)

17-7-17.9 Conditional use standards of review.

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

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

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

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

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

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

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

6. Sufficient utility capacity;

7. Sufficient emergency vehicle access;

8. Location and design of off-street parking as well as compliance with off-street parking standards provided for in Section 17-7-17.7;

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

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

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

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

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

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

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

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

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

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

i. The maximum number of residents shall be:

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

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

ii. A complete application shall include:

(A) 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 17-7-17.7.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(A) Structural capacity of the antenna towers;

(B) Geographic telecommunications area requirements;

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

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

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

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

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

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

ii. The dining area shall not impede pedestrian circulation.

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

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

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

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

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

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

ix. The outdoor dining area shall be kept in a clean condition and free of litter and food items which constitute a nuisance to public health, safety and welfare.

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

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

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

iii. Fences shall comply with all requirements for fences less than or equal to seven feet in height with regard to location and construction. (Ord. 2025-03 § 1 (Att. A); Ord. 2022-13 § 1 (Att. B); Ord. 2017-04 § 1 (Att. A). Formerly 17-7-17.11)

17-7-17.10 Live/work units.

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

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

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

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

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

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

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

G. Live/work units shall not include identifying signage in excess of a four-square-foot nameplate 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. 2025-03 § 1 (Att. A); Ord. 2017-04 § 1 (Att. A). Formerly 17-7-17.12)

17-7-17.11 Itinerant merchants.

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

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

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

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

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

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

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

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

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

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

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

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

12. Business License. All requirements of Chapter 5.14 shall be met.

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

1. Vending Cart. Each business license application for a vending cart must comply with the following:

a. There shall be a minimum separation of one thousand three hundred twenty feet between all vending cart locations. This separation shall be measured as a radius in all directions, with the vending cart location being the center point.

b. The vending cart must be located no closer than thirty feet from a single family residential zone.

c. Any vending cart selling food items shall not be located within two hundred feet of the primary public entrance of an existing restaurant use. The exception to this is an existing restaurant is allowed to operate a vending cart within this area, provided all other provisions of this section are satisfied.

d. A minimum of two on-site parking stalls are required for the vending cart use. One of these stalls shall be dedicated for the use of the itinerant merchant’s patrons; the other for a business employee.

e. The vending cart shall be constructed of surface materials that are primarily stainless steel and in accordance with the Salt Lake Valley Health Department regulations. Transparent, plastic sides may be extended above the cart’s preparation/counter surface, provided these sides do not extend beyond the width or length of the cart and three feet above the preparation/counter surface, if it is kept clean, and is free of signage and other attachments. The vending cart shall not exceed a width of four feet and a length of six feet (a hitch may extend a maximum of two feet beyond the length of the cart). The maximum height of the vending cart, excluding canopies or umbrellas, shall be five feet. A vending cart may include a built in canopy provided it does not extend more than three feet beyond the width of the cart on each side and any extension beyond the cart width is a minimum of seven feet above the parking lot surface. This canopy shall be an earthtone color; a stainless steel canopy is acceptable.

f. The vendor shall be limited to three stacked coolers (each cooler shall not exceed three and three-quarters square feet in size), one trash receptacle, one chair, and a freestanding umbrella (not to exceed a six-foot diameter) external to the vending cart. All other freestanding devices, i.e., signs, propane tanks, tables, racks, customer seating, overhead structures (i.e., tarps, enclosures, canopy extensions), etc., are prohibited. The freestanding umbrella shall be an earthtone color, and, if extending beyond the front and side edges of the cart, must be a minimum of seven feet above the parking lot surface.

g. Signage shall be attached to the vending cart and occupy no more than four square feet on the street-facing side of the cart. Signs shall not be internally illuminated or make use of flashing or intermittent lighting or animation devices. Pennants, streamers, lawn banners and other temporary signs are prohibited.

h. A portable fire extinguisher, Type 2A-10 BC minimum, must be mounted within easy reach on the vending cart.

i. All aspects of the business shall be moved on and off the premises each day of operation. No overnight parking or outdoor storage is allowed. Any vending cart selling food items must be cleaned and stored at a commissary approved by the Salt Lake Valley health department.

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

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

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

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

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

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

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

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

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

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

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

i. The business shall not be conducted before ten a.m. and after ten p.m. (Ord. 2025-03 § 1 (Att. A); Ord. 2017-04 § 1 (Att. A). Formerly 17-7-17.13)

17-7-17.12 Related provisions.

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

B. Title 16, Subdivisions;

C. Chapter 17-2, Definitions;

D. Chapter 17-3, Administration and Enforcement. (Ord. 2025-03 § 1 (Att. A); Ord. 2017-04 § 1 (Att. A). Formerly 17-7-17.14)