Midvale City Zoning Code

17-3 Administration

and Enforcement

To promote the protection of private property rights and to prevent the physical taking or exaction of private property without just compensation, the city council and all commissions and boards shall adhere to the following before authorizing the seizure or exaction of property:

A. Takings Review Procedure. Prior to any proposed action to exact or seize property, the city attorney shall review the proposed action to determine if a constitutional taking requiring “just compensation” would occur. The city attorney shall review all such matters pursuant to the guidelines established in subsection (B) of this section. Upon identifying a possible constitutional taking, the city attorney shall, in a confidential, protected writing, inform the council, commission or board of the possible consequences of its action. This opinion shall be advisory only. No liability shall be attributed to the city for failure to follow the recommendation of the city attorney.

17-3-1 Amendments to the zoning map or code.

Amendments to the zoning map and this title shall be made in the following manner:

A. Application. An applicant must file a written request for amendment with the community and economic development department. An applicant shall pay the filing fee prescribed by resolution and shall file an application, which shall include, without limitation:

a. Property owner’s affidavit or agent’s authorization;

b. The legal description and aerial map of all subject property included in a zoning map amendment request;

c. A written statement addressing the criteria required for approval pursuant to subsection (E) of this section; and

d. Any other document relating to a zoning map amendment as required by the city’s current, published zoning map amendment application.

a. A written document identifying the proposed changes to the zoning code text;

b. A written statement addressing the criteria required for approval pursuant to subsection (F) of this section; and

c. Any other document relating to a zoning code text amendment as required by the city’s current, published zoning code text amendment application.

The city council, planning commission, or community and economic development department may initiate a zoning map or zoning code text amendment without filing an application or paying a filing fee, but otherwise following the process provided in this section.

B. Hearings Before Planning Commission. The planning commission shall hold a public hearing on all amendments to this title or to the zoning map. The community and economic development director shall cause a notice, including a description of the property for which the zoning amendment is requested, a brief explanation of the proposed zoning, and the date, place and time of the public hearing, to be prepared as provided in Section 17-3-9. The purpose of the notice is to reasonably inform surrounding property owners and jurisdictions of the application. No minor omission or defect in the notice or mailing shall be deemed to impair the validity of the proceedings to consider the application.

C. Action by Planning Commission. Following the public hearing, the planning commission shall adopt a written recommendation to the city council, advising the council to approve, disapprove, or modify the proposal. If the planning commission fails to take action within thirty days of the close of the public hearing, the city council shall consider the matter forwarded from the planning commission with a negative recommendation.

D. Hearing Before City Council. The city council must hold a public hearing on all proposed amendments to this title or zoning map forwarded from the planning commission. Notice of the public hearing shall be consistent with subsection (B) of this section.

E. Zoning Map Amendment Criteria. The city’s zoning is the result of a detailed and comprehensive appraisal of the city’s present and future land use allocation needs. A zoning map amendment application may only be approved if the reviewing body determines, in written findings, that the proposed amendment promotes the purposes outlined in Utah Code Annotated 10-9a-102 and demonstrates one or more of the following:

1. Proposed rezoning promotes objectives of the general plan;

2. Existing zoning was either the result of a clerical error or a mistake of fact, or that it failed to take into account the constraints on development created by the natural characteristics of the land, including but not limited to steep slopes, floodplain, unstable soils, and inadequate drainage; or

3. Land or its surrounding environs have changed or are changing to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changed character of the area.

F. Zoning Code Text Amendment Criteria. To establish and maintain a sound, stable, and desirable city, a zoning code amendment application may only be approved if the reviewing body determines, in written findings, that the proposed amendment demonstrates one or more of the following:

1. The proposed amendment promotes the objectives of the general plan and purposes of this title;

2. The proposed amendment promotes the purposes outlined in Utah Code Annotated 10-9a-102;

3. The proposed amendment more clearly explains the intent of the original language or has been amended to make interpretation more straightforward; or

4. Existing zoning code was the result of a clerical error or a mistake of fact.

G. Temporary or Emergency Zoning. The city council may enact an ordinance, without a public hearing or planning commission recommendation, which establishes temporary zoning regulations for any part or all of the area within the municipality if:

1. The city council makes a written finding of compelling, countervailing public interest; or

2. The area is not zoned.

Temporary zoning regulations may prohibit or regulate the erection, construction, reconstruction, or alteration of any building or structure or any subdivision approval. The city council shall establish a period of limited effect for the ordinance, which period may not exceed six months. (Ord. 2025-10 § 1 (Att. A); Ord. 2024-25 § 1 (Att. A); Ord. 12-11-2001C § 2)

17-3-2 Reviewing bodies.

The community and economic development department (CEDD), the appeal authority (AA), the planning commission (PC), and the city council (CC) each have the following primary authority to review applications for compliance with this title:

Type of Review	CEDD	AA	PC	CC
Allowed Use	X
Appeal		X
Business License	X
Conditional Use	X		X
Appeal		X
Conditional Use-Administrative	X
Appeal		X
MPD
Large Scale	X		X	X
Large Scale MPD Appeal		X
Small Scale	X		X
Small Scale MPD Appeal		X
Title 17/Map Amendment	X		X	X
Variance		X

A. No building permit shall be valid for any structure unless the plans for the proposed structure have been submitted to and have been approved by the community and economic development department.

B. No new use shall be valid on any property unless the use is allowed in the zone or unless a conditional use permit has been properly issued for the use.

C. No subdivision map shall be recorded unless all conditions of subdivision approval have been satisfied or otherwise secured.

D. The community and economic development department initially reviews all complete applications requiring action by the planning commission and recommends approval or rejection to the planning commission, according to the type of application filed. The community and economic development department may process one application at a time per property or may process coordinated applications simultaneously.

E. The community and economic development department issues permits for allowed uses, administrative boundary line adjustments, administrative conditional uses, and building permits and issues business licenses.

F. The planning commission reviews and approves each application for preliminary plat approval and a preliminary plat amendment. The planning commission reviews and forwards a recommendation to the city council regarding initial zoning, rezoning, master planned developments, and amendments to this title.

G. The appeal authority hears all requests for variances and land use appeals.

H. No review shall occur until all applicable fees are paid. (Ord. 2024-01 § 1 (Att. H); Ord. 2012-09 § 2 (Att. B); Ord. 8/10/2004O-25 § 1(5); Ord. 12-11-2001C § 2)

17-3-3 Allowed use review.

A. Plan Review Process. The following process applies to all applications for new development.

B. Initial Contact. An applicant for new development shall contact the planning and zoning department to discuss the scope and purpose of the proposed development and the requirements of this code, including that the proposed development:

1. Is an allowed use within the zone;

2. Complies with all applicable development requirements of the zone, including building height, setback, front, side, and rear yards, and lot coverage;

3. Respects lot lines of a legally subdivided lot;

4. Complies with the parking requirements for the zone;

5. Conforms with applicable design guidelines, if any, for the zone;

6. Can adequately be serviced by roads, existing or proposed utility systems or lines; and

7. Pertains to land on which all tax assessments have been paid.

C. Preliminary Staff Review. The applicant shall provide planning and zoning staff with:

1. A statement of intended use;

2. Drawings in sufficient detail to allow staff to review the proposal for compliance with this code;

3. The tax identification number for the parcel; and

4. A vicinity map to orient the parcel to its surrounding infrastructure and a statement of intended use.

D. Development Review Committee. Staff shall schedule review of complete proposals before the development review committee. The applicant shall appear before the development review committee to address its concerns and to field input. A complete proposal shall include:

1. Project identification (project name, location, developer and developer’s address and contact information);

2. Concept drawings which shall be either eight and one-half inches by eleven inches or eleven inches by seventeen inches and shall include the following:

a. Location and height of existing and proposed structures within the proposed development and within two hundred feet of the proposed development;

b. Location of fire hydrants and street lights within two hundred fifty feet of the proposed development;

c. Property lines and dimensions indicating total site area, parking and driveway area, gross area of all buildings and structures, area of proposed landscaping indicated as a percentage of lot coverage by landscaping;

d. North arrow;

e. Proposed buildings, parking areas, drive-aisle widths, road or driveway lengths and landscaped areas. Indicate number and layout of proposed parking spaces;

f. Locations of access, curb cuts, gutters, sidewalks and proposed driveways as well as proposed circulation pattern;

g. Public improvements and dedications;

h. Location and design of proposed walls, landscaping and exterior lighting;

i. Phasing plan, if any; and

j. Description and hours of intended uses.

3. Payment of the development review committee fee set by fee resolution.

E. Site Plan Review. The applicant shall cause a professional architect or engineer to prepare nine copies of the site plan for site plan review based on development review committee input, and must file a complete application with all associated fees. The site plan drawings shall include:

a. Dated drawings prepared on a twenty-two inch by thirty-four inch format;

b. Indicated scale shall be no less than one inch equals forty feet;

c. Name of project/development, address and developer’s name.

a. Parcel dimensions;

b. North arrow;

c. Indicate adjacent streets and properties. Provide street names;

d. Names of adjacent property owners;

e. Centerlines of adjacent roads;

f. Tax ID number and legal description of site;

g. Present and proposed ownership.

3. Numerical Data. Indicate the following:

a. Total site area;

b. Parking and driveway area;

c. Buildings and structures (indicate floors);

d. Landscaped area (indicate percentage of total site area to be landscaped);

e. Building area (by use);

f. Required parking; and

g. Proposed hours of operation.

4. Location and Height of Structures. Indicate the following:

a. Existing and proposed structures on-site and on adjacent properties within two hundred fifty feet; and

b. Setbacks for on-site and off-site structures.

5. Existing Improvements. Indicate the following:

a. All existing curbs, gutters, sidewalks and driveway approaches;

b. All existing sewer mains, water mains and fire hydrants within two hundred fifty feet of the property;

c. All road dedication information;

d. Important features such as railroads, water courses, etc. within two hundred fifty feet of the proposed development;

e. Existing street light locations.

6. Off-Street Parking and Loading. Provide location and layout of existing and proposed facilities.

a. Provide location and size of vehicular entrances and exits.

b. Indicate circulation patterns and relationship of proposed driveways and accesses to adjacent properties.

c. Indicate location of driveways for adjacent and/or facing properties.

a. Indicate location and design of existing and proposed walls and fences.

b. Provide information describing height and proposed materials of construction.

9. Exterior Lighting. Indicate location and height of existing and proposed exterior lighting standards and/or fixtures.

a. Indicate location and height of overhead power, communications or transmission lines, or buried utility lines within two hundred fifty feet of proposed development.

b. Provide existing and proposed utility easement information.

11. Landscaping. Indicate the following:

a. Location and dimension of all existing and proposed structures, property lines, easements, parking lots, driveways, roadways, sidewalks, signs, dumpsters and refuse areas, fences, recreation features, and any other property feature as determined by the city planner;

b. Location, size and common species name of all vegetation to be retained;

c. Location, size and common species name of all new plants including trees, shrubs, and flower bed areas;

d. Proposed grading of the site indicating contours at two-foot intervals (berming in one-foot intervals);

e. Elevation of proposed fences and retaining walls;

f. Irrigation system (separate irrigation plan may be required); and

g. Quantitative data indicating the following:

i. Total area and percentage of the site in landscaped area,

ii. Total area and percentage of the site in drought tolerant plant species,

iii. Number, species and caliper size of all trees to be retained on the site, and

iv. Number, species and caliper size of all new trees to be planted on the site.

12. Architectural and Engineering Data. Provide additional architectural or engineering data as appropriate to adequately communicate proposed project scope or intent in order to facilitate development review.

13. Building Elevations. Provide building elevations for new construction or exterior modifications of existing buildings. Denote all colors and building materials.

a. Provide a grading and drainage plan, including existing and proposed topography within two hundred fifty feet of the proposed development;

b. Use two-foot contours unless ground slope is greater than five percent, in which instance five-foot contours are appropriate; and

c. Show proposed storm drainage system, including pipe sizes and slopes, catch basins, manholes, detention basins, etc. and proved drainage calculations.

a. Provide plan and profile drawings of proposed street construction, including curb/gutter, sidewalk, park strip, asphalt paving; and

b. Provide drawings showing proposed and existing utility lines, including pipe size and material, manholes, valves, inverts, pipe slopes and lengths, connections to existing utility lines and appurtenances.

16. Future Phases. Show proposed future phases including proposed street system.

F. Building Permit. Upon approval of the building and site plan drawings, and payment of all applicable fees, the building department shall issue a building permit to the applicant.

G. Inspections. City staff shall inspect the project during construction through its completion to verify conformance with approved plans.

H. Public Improvements. Each application for new development must include the applicant’s demonstration of its capacity to offer to bond for one hundred percent of the value of all required public improvements, to provide, to construct and to dedicate required public improvements. Required public improvements include but are not limited to:

1. Streets for internal circulation including sidewalk, curb and gutter according to Midvale Standard Construction Specifications and Drawings. The applicant shall install sidewalks consistent with the zone standards;

2. Off-site street improvements to mitigate demonstrated off-site impacts;

3. On and off-site sanitary and storm sewer lines, (including mains, manholes, lateral, clean-outs, and treatment capacity sufficient to satisfy peak demand of the subdivision (i.e., duty to serve letter)). Each lot shall be designed to hold its own stormwater on-site unless otherwise approved by the city engineer;

4. Water lines and wet water rights and availability (i.e., duty to serve letter);

5. Street signs required on all roads interior to the development as well as where a private road or street conflicts;

6. Fire hydrants; and

7. Street lighting consistent with the lighting standards for the zone.

I. Rejected Uses. If an application does not meet the criteria set forth above, the community and economic development department shall notify the applicant stating specifically which criteria have not been satisfied.

J. Disclaimer. No permit shall be valid if any of the criteria listed in this section has not been met. (Ord. 12-11-2001C § 2)

17-3-4 Conditional use review.

There are certain uses that, because of unique characteristics or the potential for detrimental impacts, may not be compatible in some areas of a zone or may be compatible only if certain conditions are imposed. The community and economic development department will evaluate all conditional use permit applications. The department may issue administrative conditional use permits or may recommend to the planning commission certain conditions of approval to applications for conditional use permits. The community and economic development department, and the planning commission, shall review all applications for a conditional use permit according to the following procedure:

A. Development Review Committee. If determined necessary by the community and economic development department, an applicant shall attend a pre-application conference with the development review committee to discuss the proposed improvements associated with the conditional use or administrative conditional use and the conditions that the staff would recommend to mitigate proposed adverse impacts. This meeting will allow other city departments to provide comments on the application.

B. Application. An applicant must pay all appropriate fees and must file a complete application. The applicant shall submit all information required in Section 17-3-3(B) through (E), if applicable.

C. Notice/Posting. Upon receipt of a complete application, the community and economic development department shall provide reasonable notice as provided in Section 17-3-9. The planning commission shall conduct a public hearing on the conditional use permit application and shall either approve, deny, or modify and approve the application. The community and economic development department shall accept written public comment on an administrative conditional use permit application and shall either approve, deny or modify and approve the application.

D. Standards For 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 complies with the standards of review specific to the zone in which the use is proposed.

E. Transferability. A conditional use permit runs with the land.

F. Expiration. Unless otherwise indicated, conditional use permits and administrative conditional use permits shall expire one year from the date of approval, unless the conditionally permitted use has commenced on the site. Prior to the expiration of the conditional use permit, the planning commission may grant two additional extensions of up to one year each if the applicant demonstrates that the extension would not result in an unmitigated impact.

G. Revocation. If the community and economic development department determines that the holder of a conditional use permit or an administrative conditional use permit is in violation of the terms or conditions upon which the permit was issued, the community and economic development department shall notice the permit holder and schedule a hearing before the planning commission at which the permit holder must show cause to the planning commission why the conditional use permit or administrative conditional use permit should not be revoked. If the planning commission determines that the terms or conditions of the permit have been violated, it shall cause the permit holder to specify how the holder will promptly comply with the terms and conditions of the permit, or it shall revoke the permit.

H. Appeals. Appeals must be pursuant to Section 17-3-14. (Ord. 2012-09 § 2 (Att. B); Ord. 7/11/2006O-10 § 1 (Exh. A); Ord. 12-11-2001C § 2)

17-3-5 Large scale master planned development (MPD).

Each large scale master planned development application shall be signed by all owners of record, shall be processed as a conditional use and shall satisfy all conditional use permit criteria outlined in the zone.

A. Large Scale MPD Application. Each large scale MPD application shall include the following information:

1. Map of Existing Site. A map of the existing site which shows:

a. Vicinity map (not less than one inch equals one hundred feet in scale);

b. Scale and north arrow;

c. Site boundaries and dimensions;

d. Topography, with contours no greater than five-foot intervals;

e. Vegetation, location and type;

f. Soil quality;

g. One-hundred-year flood plain and high water areas;

h. Existing structures and their current uses;

i. Existing roads and other improvements;

j. Location of public utilities and utility easements; and

k. Such other data as the city may require.

2. Proposed Site Plan. A plan showing the details of the proposed MPD at a scale no less than one inch equals one hundred feet (or one inch equals fifty feet) for sites less than five acres. The plan must contain sufficient detail to allow the city to evaluate the land planning, building design and other features of the proposed master planned development and must contain the following:

a. Scale and north arrow;

b. Proposed name of the development;

c. Topography with finished contours at no greater than five-foot intervals;

d. The location and size of all existing and proposed buildings, structures and improvements;

e. Natural and proposed vegetation and landscaping, streets, walkways, parking lots, recreational amenities, plazas, etc.;

f. Proposed open spaces with indication of their proposed use and ultimate ownership;

g. Proposed drainage system;

h. Proposed underground utility distribution and design (including transformers);

i. Proposed traffic circulation with anticipated average daily traffic volume and access to existing street system;

j. Sketch of architectural concepts of all new or remodeled buildings;

k. Dimensions and gross area of all structures, lots or parcels within the project area;

l. General landscape plan; and

m. General lighting plan.

3. Representations. The application shall include:

a. A statement of the present and contemplated ownership, with current and proposed tenants;

b. A legal description of the land, including all recorded and unrecorded real property interests in the land;

c. A proposed development schedule or phasing plan;

d. A mailing list of all property owners within three hundred feet of the MPD boundary; and

e. A statement of the development objectives, including proposed uses, parking requirements, height variances or density bonuses requested. (Ord. 2023-14 § 1 (Att. A); Ord. 12-11-2001C § 2)

17-3-6 Small scale master planned development (MPD).

Each small scale MPD shall be processed as a conditional use and shall satisfy all conditional use permit criteria outlined in the zone. (Ord. 12-11-2001C § 2)

17-3-7 Sign permit review.

This code regulates to the maximum extent allowed by law.

A. Purpose. The purpose of this section is to provide minimum standards which are intended to safeguard property, public health, safety, and general welfare and to help establish a unique aesthetic character for the city through the establishment of guidelines governing the size, height, design, location, display period, and maintenance of signs. In order to help achieve this purpose, it is the goal of the general provisions as well as the specific provisions in each zone:

1. To encourage signs that help to visually organize the activities of the city, lend order and meaning to business identification, and make it easier for the public and delivery services to identify and locate their destinations;

2. To encourage a positive business atmosphere;

3. To implement the urban design goals and policies of the city established in Chapter 2 of the Midvale City General Plan;

4. To improve the visual quality of thoroughfares and eliminate visual clutter by limiting the types and display periods of temporary signs;

5. To minimize unnecessary distractions to motorists, protect pedestrians, and provide safe working conditions for those persons who are required to install, maintain, repair, or remove signs;

6. To eliminate the visual degradation imposed by billboards due to excessive height and copy areas through the city-wide prohibition of such signs; and

7. To assure that all signs, in terms of size, scale, height, and location, are compatible with adjacent land uses and with the size of development that they serve.

1. It is not the intent of this section to regulate the message content of signs or to regulate signs that are not visible to the general public.

2. In interpreting the provisions contained in this section, such provisions shall be considered the minimum standards which are necessary to accomplish the purposes described above.

C. Exceptions. The following signs are not regulated by this code:

1. Signs of a governmental nature for the control of traffic and other regulatory purposes such as street signs, danger signs, railroad crossing signs and signs of public service companies indicating danger and aids to service or safety;

2. Signs which are associated with public and quasi-public organization functions which are clearly of a temporary nature;

3. Interior signs;

4. Flags, emblems, or insignias of any nation or political subdivision;

5. Signs not exceeding one square foot in area and bearing only property numbers, post box numbers or names of occupants of premises;

6. Legal notices, identification information, or directional signs erected by governmental bodies;

7. Commemorative plaques of recognized historical agencies, or identification emblems or symbols of religious orders; provided, that no such plaque, symbol or identification emblem exceeds three square feet in area, and such that the plaque, symbol or emblem be placed flat against a building; and

8. Existing signage which has been previously approved shall not be required to comply with this chapter insofar as the initial installation is concerned. All other requirements are in force.

D. Nonconforming Signs. A nonconforming sign shall not be reconstructed, raised, moved, placed, extended or enlarged unless said sign is changed so as to conform to all provisions of this chapter. Alterations shall not be interpreted to include changing the text or copy of off-premises advertising signs, theater signs, outdoor bulletin or other similar signs which are designed to accommodate changeable copy, or modifying a sign to include an electronic display as described in subsection (O) of this section.

E. Abatement. Prohibited signs are Class C misdemeanors. The nonconforming sign provisions of this chapter shall not be applicable to prohibited signs.

F. Permits. Except as provided in this code, it is unlawful to display, erect, relocate, or alter any sign without first submitting a sign permit application to the planning and zoning department in writing and obtaining a sign permit. When a city sign permit has been issued, it is unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of said permit without prior approval of the building official and the planning and zoning department. A written record of such approval shall be entered upon the original permit application and maintained in the files of said city official. The application for a sign permit shall be made by the owner or tenant of the property on which the sign is to be located, or his/her authorized agent, or a licensed sign contractor, and shall be accompanied by the following plans and other information:

1. The name, address and telephone number of the owner or persons entitled to possession of the sign or control of the same and of the sign contractor or erector;

2. The location by street address of the proposed sign structure;

3. A site plan and elevation drawings of the proposed sign, caption of the proposed sign and elevations of building facades if the application is for a wall sign. The site plan shall include the proposed location of the sign in relation to the face of the building or to the boundaries of the lot on which it is situated;

4. Plans indicating the scope and structural detail of the work to be done, including details of all connections, guy lines, supports and footings, and materials to be used, stamped by a professional engineer licensed in the state;

5. Application for, and required information for such application, an electrical permit for all electric signs if the person building the sign is to make the electrical connection; and

6. A statement of sign value as personal property.

G. Permit Tag. A permit tag issued by the Midvale City department of community and economic development must be affixed to each permanent sign in a manner that is visible from the sidewalk or nearest convenient location.

H. Completion. If the work authorized under a sign permit has not been completed within three months after date of issuance, said permit shall become null and void, and there shall be no refund of any fee required by this section. An extension of time may be granted at the sole discretion of the city upon a showing of good cause.

I. Maintenance. All signs and advertising structures shall be maintained in good condition. Signs relating to a product no longer available for purchase or to a business which has moved shall be removed or the advertising copy removed within thirty days of such unavailability, closure, or relocation unless said sign has been determined to be of special historic or artistic value as determined by the Midvale City planning commission.

J. Size. The following criteria apply to calculating sign size:

1. Lot Frontage. If more than one use or business occupies a lot, the lot frontage is to be used to calculate the sign sizes for a combined total of a ground or projecting sign, not for each use. The total may then be divided between the uses.

2. Flat or Wall Signs. There may be any number of flat or wall signs, provided their total does not exceed the maximum percentage of wall area coverage allowed.

K. Traffic Hazards. Signs or other advertising structures shall not be erected at the intersection of any streets or driveways in such manner as to obstruct free and clear vision; or at any location where by reason of the position, shape or color it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal device, or make use of words, phrases, symbols or characters in such manner as to interfere with, mislead or confuse vehicle operators.

1. At intersecting streets and within the clear view area, there shall be no signs allowed, unless a sign is less than three feet in height as measured from the average grade of the intersecting streets.

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

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

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

L. Signs over Public Property. No sign shall be located on publicly owned land or inside street rights-of-way except signs required and erected by permission of an authorized public agency. This restriction shall include, but not be limited to, handbills, posters, advertisements or notices that are fastened, placed, posted, painted, or attached in any way upon any curbstone, lamp post, telephone pole, electric light or power pole, hydrant, bridge, tree, rock, sidewalk or street. No projecting sign attached to a building shall project over public property more than four feet and in no case be closer than four feet to the curb line or edge of street, whichever is more restrictive.

M. Clearance and Setbacks. The following criteria apply to all signs:

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

2. Setbacks. Ground signs must be set back at least three feet from a public sidewalk or property line.

N. Exempt Sign Changes. The following changes do not require a sign permit:

1. The changing of the advertising copy or message of signs specifically designed for the use of replaceable copy;

2. Electrical maintenance, repainting, or cleaning maintenance of a sign;

3. The repair of a sign;

4. Real estate signs no larger than six square feet;

5. Campaign signs no larger than sixteen square feet; and

6. Name plate signs.

O. Off-Premises Sign Upgrade. An existing off-premises sign may be modified, without affecting such sign’s nonconforming use or noncomplying structure status, to include an electronic display so long as the proposed modification complies with each of the following requirements:

1. The applicant must submit a complete application in accordance with subsection (F) of this section and comply with the other requirements of the Midvale City Code.

2. The sign must be located along I-15, 900 East/Husky Highway or State Street.

3. The electronic display may only use light emitting diode (LED) displays, or a similar technology approved by the planning and zoning department.

4. A changeable message sign face that utilizes lighting technologies (such as light emitting diodes) to create changeable messages shall be equipped with a light sensor that automatically adjusts the illuminance of the changeable message sign face as ambient lighting changes.

5. The interval between message changes on an electronic display shall not be more frequent than eight seconds and the actual message rotation process must be accomplished in one-quarter second or less.

6. Electronic display sign faces which contain, include, or are illuminated by any flashing, intermittent, full motion video, scrolling, strobing, racing, blinking, changes in color, fade in or fade out or any other imitation of movement or motion, or any other means not providing constant illumination are prohibited.

7. Off-premises signs that are within six hundred linear feet along State Street or 900 East and five hundred linear feet along I-15, as measured along the same side of the right-of-way as an off-premises sign that has been upgraded to include an electronic display, do not qualify to be upgraded.

8. Only one sign face of the same “layered” off-premises sign(s) (i.e., two or more off-premises signs mounted in vertical tiers on the same support structure, so that such sign faces are effectively visible at the same time from any vantage point, as reasonably determined by the city) may be upgraded to include an electronic display.

9. Only one sign face of the same “side-by-side” off-premises sign(s) (i.e., two or more off-premises signs mounted horizontally on the same support structure, so that such sign faces are effectively visible at the same time from any vantage point, as reasonably determined by the city) may be upgraded to include an electronic display.

10. Both faces of a double-sided off-premises sign, facing opposite directions (i.e., mounted back-to-back on the same support structure, so that such sign faces are not visible at the same time from any vantage point), qualify to be upgraded to electronic displays.

11. The text, images and graphics of the sign shall be static and complete within themselves, without continuation in content to the next image or message or to any other sign.

12. In no event shall an electronic display sign face increase the nighttime ambient illumination when replacing an existing illuminated billboard face and in no event shall an electronic display sign face, replacing a nonilluminated billboard face, increase nighttime ambient illumination by more than 0.3 foot-candles. In both instances, this measurement will be determined when measured perpendicular to the electronic display sign face at a distance based on the sign face size in accordance with the following formula:

Changeable Message Sign Face Size (in sq. ft.)	Measurement Distance (in ft.)
0—100	100
101—350	150
651—1,000	250

13. The applicant shall certify its compliance with the above illuminance within a week of operating the electronic display and shall produce a copy of the certification upon request.

14. Any off-premises sign face upgraded under this subsection (O) to a sign located within three hundred fifty feet and oriented toward a legally occupied residential dwelling, measured from the electronic display face to the residential dwelling, shall be required to adhere to a curfew as described below:

a. If an off-premises sign with an electronic display face is within three hundred fifty feet of a legally occupied dwelling that is within a forty-five-degree radius area measured from the center point of the electronic display face, then this electronic display face shall display only one static illuminated message nightly from eleven p.m. until six a.m.; or

b. If an off-premises sign with an electronic display face is within one hundred fifty feet of a legally occupied dwelling that is within a ninety-degree radius area measured from the center point of the electronic display face, then this electronic display face shall be shut off nightly from eleven p.m. until six a.m.

The curfew conditions in subsections (O)(14)(a) and (b) of this section are not applicable to the extent that the message displayed is an emergency public safety warning or alert, such as an AMBER Alert.

15. No off-premises sign located within a residential (SF-1, SF-2, RM-12, RM-25) or historic zoning (HC) district shall be upgraded to include an electronic display.

16. An upgrade may not increase the height or the size of the display area of the sign.

17. This subsection (O) does not authorize the location of a new off-premises sign in a location not permitted or allowed under the existing and applicable ordinances. (Ord. 2014-03 § 1 (Att. A); Ord. 5/1/2007O-5 § 1; Ord. 11/23/2004O-34 § 1(1); Ord. 12-11-2001C § 2)

17-3-8 Telecommunications.

All telecommunications regulations apply to both commercial and private low power radio services and facilities, such as cellular or PCS communications and paging systems.

A. Telecommunications Signs. Signs shall only be permitted if they are related to the health and safety of the general public. All proposed signs shall be submitted with the telecommunications facility application and are subject to review by the community and economic development department.

B. Removal. The building official is empowered to require an unmaintained or abandoned low-power radio services antenna to be removed from the building or premises when that antenna has not been repaired or put into use by the owner, the person having control, or the person receiving the benefit of the structure within thirty calendar days after notice is given to the owner, the person having control, or the person receiving the benefit of the structure.

C. Abandonment. The applicant, or applicant’s successor(s) and/or assign(s) shall be responsible for the removal of unused telecommunications facilities within twelve months of abandonment of use. If such tower is not removed by the property owner, then the city may employ all legal measures, including as necessary, obtaining authorization from a court of competent jurisdiction, to remove the tower, and after removal may place a lien on the subject property for all direct and indirect costs incurred in dismantling and disposal of the tower, including court costs and reasonable attorney fees. (Ord. 12-11-2001C § 2)

17-3-9 Notice.

The city shall notice all public hearings that are required by this title as described in this section.

1. Before preparing a proposed general plan or a comprehensive general plan amendment, the city shall provide at least ten days’ notice of its intent to prepare a proposed general plan or a comprehensive general plan amendment:

a. To each affected entity;

b. To the Utah Geospatial Resource Center;

c. To the association of governments of which the city is a member;

d. On the Utah Public Notice website; and

e. On the city’s website.

2. Each notice under this subsection shall:

a. Indicate the city intends to prepare a general plan or comprehensive general plan amendment;

b. Describe or provide a map of the geographic area that will be affected by the general plan or amendment;

c. Be sent by mail, email, or other effective means;

d. Invite the affected entities to provide information for the municipality to consider in the process of preparing, adopting, and implementing a general plan or amendment concerning:

i. Impacts that the use of land proposed in the proposed general plan or amendment may have; and

ii. Uses of land within the municipality that the entity is considering that may conflict with the proposed general plan or amendment; and

e. Include the city’s website address and name and telephone number of a person where more information can be obtained concerning the city’s proposed general plan or amendment.

B. Public Hearings to Adopt or Modify the General Plan or Land Use Regulation. The city shall provide at least ten days’ notice of each public hearing to consider modifications to the general plan or land use regulation:

1. On the Utah Public Notice website;

2. On the city’s website; and

3. By mail to each affected entity.

The notice must include the date, time, and place of the public hearing to consider the adoption or any modification of all or any portion of a general plan or land use regulation.

C. Public Hearings to Adopt or Modify the Zoning Map. The city shall provide at least ten days’ notice of each public hearing to consider a modification to the zoning map:

1. On the Utah Public Notice website;

2. On the city’s website;

3. By mail to the record owner of each parcel located entirely or partially within a zoning map enactment or modification;

4. By mail to the record owner of each parcel within five hundred feet of the zoning map modification including in adjacent jurisdictions; and

5. On the property in a manner that is calculated to alert the public.

For a notice required by subsection (C)(3) of this section, it must:

a. Identify with specificity each owner of record of real property that will be affected by the proposed zoning map amendment;

b. State the current zone in which the real property is located;

c. State the proposed zone for the real property;

d. Provide information regarding or a reference to the proposed regulations, prohibitions, and permitted uses that the property will be subject to if the zoning map amendment is adopted;

e. State that the owner of real property affected by the proposed map amendment may file a written objection to the inclusion of the owner’s property in the proposed map amendment with the community development department no later than ten days after the day of the first public hearing;

f. Notify the property owner that each written objection filed with the municipality will be provided to the city council; and

g. State the location, date, and time of the public hearing.

For a notice required by subsection (C)(4) of this section, it must:

a. Identify with specificity the boundaries of the proposed zoning map or map amendment;

b. State the current zone in which the affected real property is located;

c. State the proposed zone for the affected real property; and

d. State the location, date, and time of the public hearing.

D. Public Hearings to Consider a Subdivision Amendment or a Petition to Vacate a Public Street. The city shall provide at least ten days’ notice of each public hearing to consider a subdivision amendment, the closure, vacation (in whole or in part), alteration, or amendment of any public street or easement, including a municipal utility easement, or the dedication of a private street to a public street:

1. On the Utah Public Notice website;

2. On the city’s website;

3. By mail to each affected entity;

4. By mail to the record owner of each parcel within five hundred feet of the subject street, right-of-way, or easement;

5. By mail to the record owner of each parcel located entirely or partially within the subdivision being amended or that is accessed by the subject street, right-of-way, or easement; and

6. On the property in a manner that is calculated to alert the public.

The notice must include the date, time, and place of the public hearing to consider a subdivision amendment involving the closure, vacation (in whole or in part), alteration, or amendment of any public street, right-of-way, or easement, including a municipal utility easement, or the dedication of a private street to a public street. For subdivisions located within one hundred feet of a water conveyance facility, the city must provide notice to the water conveyance facility owner in accordance with Section 10-9a-603 of the Utah Code Annotated, as amended.

E. Public Hearings to Consider All Other Topics. The city shall provide at least ten days’ notice of each public hearing to consider a topic not otherwise listed herein:

1. On the Utah Public Notice website;

2. On the city’s website;

3. By mail to the record owner of each parcel within five hundred feet of the subject property; and

4. On the property in a manner that is calculated to alert the public.

The notice must include the date, time, and place of the public hearing to consider the topic. For subdivisions located within one hundred feet of a water conveyance facility, the city must provide notice to the water conveyance facility owner in accordance with Section 10-9a-603 of the Utah Code Annotated, as amended.

F. Public Meetings for All Other Topics. The city shall provide notice of a public meeting at least twenty-four hours before the meeting on the Utah Public Notice website and the city website. The notice shall provide the date, time, place, and agenda of the public meeting.

G. Purpose of Notice. The purpose of the notice is to reasonably inform surrounding property owners and jurisdictions of an application for development or a proposed adoption or modification to the general plan, land use regulation, zoning map, or public meeting. No minor omission or defect in the notice shall be deemed to impair the validity of the proceedings to consider the item. If at or prior to the public hearing an omission or defect in the mailed notice is brought to the attention of the reviewing body, the reviewing body shall determine whether the omission or defect impairs or has impaired a surrounding property owner’s ability to participate in the public hearing. If the reviewing body finds that a surrounding property owner’s ability to participate in the public hearing was impaired by an omission or defect in the mailed notice, the reviewing body shall continue the hearing on the application until the next public meeting of the reviewing body. Any omission or defect in the mailed notice that is not brought to the reviewing body’s attention or that the reviewing body finds did not impair a surrounding property owner’s ability to participate in the hearing may not be used to challenge the validity of the proceedings on the issue.

H. Effect of Notice. Proof that notice was given pursuant to this section is prima facie evidence that notice was properly given. If notice given under authority of this section is not challenged as provided for under state law within thirty days from the date of the hearing for which the challenged notice was given, the notice is considered adequate and proper. (Ord. 2021-17 § 1 (Att. A); Ord. 12-11-2001C § 2)

17-3-10 Termination of projects for inaction.

Applicants must move their projects either to approval or denial in a reasonably expeditious manner. Upon fourteen days’ written notice to the applicant, the city may formally deny an application, which remains inactive for six months. Delays occasioned by the city shall not constitute cause for terminating an application. An applicant may appeal the community and economic development director’s denial of a project for inaction to the planning commission in the same manner as any other appeal. The planning commission may reinstate subject to conditions, or may deny reinstatement. If reinstatement is denied, the application is formally denied. (Ord. 12-11-2001C § 2)

17-3-11 Penalties.

Any person, firm, partnership, or corporation, and the principals or agents thereof, violating or causing the violation of this title, or a permit issued pursuant to this title, shall be guilty of a class C misdemeanor and punished upon conviction by a fine and/or imprisonment described in this code.

A. In addition, the city shall be entitled to bring a civil action to enjoin and/or abate the continuation of the violation.

B. Private citizens of the city or owners of property within the city may file an action to enjoin the continuation of a violation affecting their interests. (Ord. 12-11-2001C § 2)

17-3-12 Licensing.

Licenses or permits issued in violation of this title, or based on fraudulent information, are null and void. (Ord. 12-11-2001C § 2)

17-3-13 Variance process.

Any person or entity desiring a waiver or modification of the requirements of a land use ordinance as applied to a parcel of property that he owns, leases, or in which he holds some other beneficial interest may apply for a variance from the terms of the land use ordinance.

1. Standards. A variance may only be granted if all of the following conditions are met:

a. Literal enforcement of the ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use ordinance;

b. There are special circumstances attached to the property that do not generally apply to other properties in the same district;

c. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same district;

d. The variance will not substantially affect the general plan and will not be contrary to the public interest; and

e. The spirit of the land use ordinance is observed and substantial justice done.

2. Unreasonable Hardship. In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship, the appeal authority may not find an unreasonable hardship if the hardship is self-imposed or economic. In addition, the appeal authority may not find an unreasonable hardship unless the applicant proves that the alleged hardship:

a. Is located on or associated with the property for which the variance is sought;

b. Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood. Special circumstances must:

i. Relate to the hardship complained of; and

ii. Deprive the property of privileges granted to other properties in the same district.

3. The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.

4. The appeal authority may not grant a use variance.

5. Variances run with the land.

6. Additional Requirements. In granting a variance, the appeal authority may impose additional requirements on the applicant that will:

a. Mitigate any harmful effects of the variance; or

b. Serve the purpose of the standard or requirement that is waived or modified.

B. Process. The appeal authority shall review all applications for variance requests according to the following procedure:

1. Variance requests must be submitted to the community development department. The applicant must pay all appropriate fees and must file a complete application, including an explanation of how all variance criteria have been met.

2. Notice/Posting. Upon receipt of a complete application, the community and economic development department shall set a public hearing date with the appeal authority and shall provide notice as provided in Section 17-3-9(E).

3. The appeal authority shall consider the variance application in accordance with subsection (A) of this section.

4. The appeal authority shall prepare written findings and a final decision on the variance request within thirty working days of the appeal authority meeting.

5. Appeal of Final Decision. The applicant or any person aggrieved by the final decision on the variance request may appeal to a court of competent jurisdiction within thirty days of the written decision. The decision shall stand, and those affected by the decision may act in reliance on it, unless and until a court enters an interlocutory or final order modifying or suspending the decision. (Ord. 2024-01 § 1 (Att. I); Ord. 2021-17 § 1 (Att. A); Ord. 2012-09 § 2 (Att. B))

17-3-14 Appeals and reconsideration process.

The applicant, staff, or any other person with standing to challenge a decision administering or interpreting this title may appeal the decision as follows:

A. Zoning Code Interpretation and Administration. All city decisions which interpret or administer this title may be appealed to the appeal authority within ten calendar days of final action by filing notice of appeal with the director of the community and economic development department.

B. Finality of Action. A final action occurs when the deciding body has adopted and executed written findings of fact and conclusions of law on the matter in question.

C. Standing to Appeal. The following persons have standing to appeal a final action:

1. Any person who submitted written comment or testified on a proposal before the community and economic development department or planning commission;

2. The owner of any property within three hundred feet of the boundary of the subject site;

3. Any city official, board or commission having jurisdiction over the matter; and

4. The owner of the subject property.

D. Form of Appeals. Appeals must be filed with the director of the community and economic development department and must be in writing. An appeal must include the following information:

1. Name of the appellant;

2. Address of the appellant;

3. Telephone number of the appellant;

4. Explanation of the appellant’s standing to appeal;

5. Intent to be represented by legal counsel; and

6. A comprehensive statement of the reasons for the appeal, including the specific provisions of law that are alleged to be violated by the action taken.

E. Action on Appeals to the Appeal Authority. The appeal authority, as established by Chapter 17-5, shall comply with the following standards for all appeals under this title:

1. The appeal authority, in consultation with the appellant, shall set a date for the appeal;

2. The appeal authority shall notify the owner of the appeal date;

3. The appeal authority shall consider the written appeal, final action and all other pertinent information from the appellant and the city;

4. The appellant has the burden of proving that the city erred in its decision;

5. The appeal authority shall ensure the appeal is conducted in accordance with the standards established by Part 7, Appeal Authority and Variances, of Title 10, Chapter 9a, of the Utah Code Annotated, as amended.

6. The appeal authority may affirm, reverse, or affirm in part and reverse in part any properly appealed decision or may remand the matter with directions for specific areas of review or clarification. Appellate review is limited to consideration of only those matters raised in the written appeal and the staff’s responses thereto, unless the appeal authority, by motion, enlarges the scope of the appeal to accept information on other matters; and

7. Within thirty days, the appeal authority shall prepare written:

a. Findings of fact, which explain the circumstances of the decision; and

b. Conclusions of law in support of its decision.

F. Appeal from the Appeal Authority. The applicant or any person aggrieved by city action on the project may appeal from the final action of the appeal authority to third district court of Salt Lake County within thirty days of final action. The decision shall stand. and those affected by the decision may act in reliance on it, unless and until the district court stays the final action pending review. The district court shall conduct the appeal in accordance with the standards established by Part 8, District Court Review, of Title 10, Chapter 9a, of the Utah Code Annotated, as amended.

G. City Council Call-Up. Within fifteen calendar days of final action on any project by the planning commission or staff, the city council, on its own motion, may call up the final action for review. The city recorder shall give prompt notice of the call-up to the chairman of the planning commission together with the date set by the council for consideration of the merits of the matter. The recorder shall also provide notice as required by Section 17-3-9. In calling a matter up, the council may limit the scope of the hearing to certain issues.

H. Stay of Approval Pending Call-Up. Upon call-up, any approval granted by the planning commission or staff will be suspended until the city council has taken final action on the appeal.

I. Notice. Notice of all appeals or call-ups shall be given to all affected parties of any proceedings or process where the issue is to be heard and evidence is to be gathered. (Ord. 2020-01 § 1 (Exh. A); Ord. 2012-09 § 2 (Att. B); Ord. 8/10/2004O-25 § 1(5); Ord. 12-11-2001C § 2. Formerly 17-3-13)

17-3-15 Constitutional takings—Review and appeal.

B. Takings Guidelines. The city attorney shall review whether the action constitutes a constitutional taking under the Fifth or Fourteenth Amendments to the Constitution of the United States, or under Article I, Section 22 of the Utah Constitution. The city attorney shall determine whether the proposed action bears an essential nexus to a legitimate governmental interest and whether the action is roughly proportionate and reasonably related to the legitimate governmental interest. The city attorney shall also determine whether the action deprives the private property owner of all reasonable use of the property. These guidelines are advisory only and shall not expand nor limit the scope of the city’s liability for a constitutional taking.

C. Appeal. Any owner of private property who believes that his/her property is proposed to be “taken” by an otherwise final action of the city may appeal the city’s decision to the appeal authority within thirty days after the decision is made. The appeal must be filed in writing with the city recorder. The appeal authority shall hear and approve and remand or reject the appeal within fourteen calendar days after the appeal is filed. The appeal authority, with advice from the city attorney, shall review the appeal pursuant to the guidelines in subsection (B) of this section. The decision of the appeal authority shall be in writing and a copy given to the appellant and to the city council, commission or board that took the initial action. The appeal authority’s rejection of an appeal constitutes exhaustion of administrative remedies rendering the matter suitable for appeal to a court of competent jurisdiction. (Ord. 2012-09 § 2 (Att. B); Ord. 12-11-2001C § 2. Formerly 17-3-14)