Midway City Zoning Code

These zones have been established as districts in which the primary use of the land is for planned and integrated commercial and service uses. It is intended that these zones shall be characterized by a harmonious grouping of a variety of stores, shops, office buildings, or other permitted uses in an organized development. These zones have also been established to create new development which is characterized by well landscaped frontages, safe access and egress, proper parking design, coordinated site planning, and buildings which follow the objectives of the City Master Plan and resort architectural requirements. Emphasis in the approval of plans in the C-2 zone shall be to protect the appearance of the entrances to the City. Development in the C-3 zone is intended to create a shopping and financial center for the City and surrounding territory. Another objective of the commercial zones is to mitigate potential negative impacts upon residential zones caused by commercial activity. The City commercial zones are surrounded by residential areas on all sides and buffering restrictions are necessary.

1. The peculiar character and nature of conditional uses (those designated by "C") require special consideration. Therefore, the Planning Commission review of these conditional uses shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted, and harmonious development in accordance with existing and future needs. The City Council shall deny or approve these conditional uses based upon the character of the zone, the surrounding land use, traffic, utilities and other public requirements.
2. In the following list of possible uses in the C-2 and C-3 zones, those designated "P" will be a permitted use. Uses designated as "C" will only be allowed when approved as a conditional use by the City Council. Uses designated as "N" will not be allowed in the zone.
   

   USES	C-2	C-3
   Grocery	N	N
   Professional offices and clinics (maximum 6,000 sq. ft. building footprint)	P	P (not allowed on ground level, must be below or above)
   Auto detailing, gas stations and car washes	N	N
   Alcohol dispensing establishments (with local consent)	C	C
   Rest Homes/Nursing/Convalescent Facilities/Assisted Living (limited to 8 residents and must be part of a mixed-use development or in an existing dwelling)	P	P
   Day Care	C	N
   Retail, photo, art, and craft galleries, retail show rooms, antique shops (up to 6,000 sq. ft building footprint)	P	P
   Recreation activity business that includes rentals of motorized vehicles (such as OHVs, ATVs, and RVs)(not including ebikes)	N	N
   Engraving, publishing, and printing (must include 1,500 sq. ft. of retail area) (up to 6,000 sq. ft. building footprint)	P	N
   Mortuaries	N	N
   New and used vehicle sales and rentals	N	N
   Hospitals	N	N
   Short-term lodging facilities (must be in the TROD and limited to 8 units or less) (excludes hotels and motels) (short-term rental units are limited to 8 units (limited to two bedrooms per unit) and cannot contain kitchens unless one dwelling is approved as a mixed-use CUP. Lockouts are permitted but constitute another unit towards the 8 unit maximum. Wet bars are allowed and are defined as the following: sink, refrigerator, dishwasher, and microwave but do not include a stove or oven)	P	P (shall not be located on the ground floor within 50’ of the front property line)
   Hotel/Motel	N	N
   Cafes and restaurants (up to 6,000 sq. ft. building footprint)	P	P
   Public and quasi-public buildings	P	P
   Police and fire stations	P	N
   Barber, beauty shops, massage therapy, day spas and fitness center (up to 3,000 sq. ft. footprint)	P	P
   Vehicle parking (not associated with another use) (shall be located 50’ from the front property line)	C	C
   Repair shops	N	N
   Veterinarian and pet grooming services (no outside kennels or keeping of animals)	P	N
   Mixed Use (See Section 16.05.3(I))	C	C
   Commercial PUDs and commercial condominium projects (short-term rental units are limited to 8 units (limited to two bedrooms per unit) and cannot contain kitchens unless one dwelling is approved as a mixed-use CUP. Lockouts are permitted but constitute another unit towards the 8 unit maximum. Wet bars are allowed and are defined as the following: sink, refrigerator, dishwasher, and microwave but do not include a stove or oven)	C	C (residential and short-term rentals shall not be located on the ground floor within 50’ of the front property line)
   Private academies/studios (education, art, dance, sports, etc.)	P	P
   Carpentry and woodworking shops	N	N
   Electrician shops	N	N
   Plumbing shops	N	N
   Residential Condominium in Mixed Use Projects (shall not be located on the ground floor within 50’ of the front property line fronting on a state road. Other permitted and conditional uses must occupy ground floor between the front property line and the residential condo when fronting on a state road)	C	C (residential and short-term rentals shall not be located on the ground floor within 50’ of the front property line)
   Residential accessory structures (no living or sleeping space)	P	P
   Internal Accessory Dwelling Unit	P (shall not be located on the ground floor within 50’ of the front property line)	P (shall not be located on the ground floor within 50’ of the front property line)
   Event Centers	N	N
   Home Occupations, Cottage Industries	P	P

(2012-11, Section Added, eff. 04/11/2012; 2013-15, Section Amended, eff.03/18/15; 2015-04, Section Amended eff. 7/8/15; 2016-13, Section Amended eff. 7/13/16; 2016-15, Section Amended eff. 11/2/16); 2018-03, Section Amended eff. 1/24/18; 2020-05, Section Amended, eff. 05/07/2020)

1. Minimum lot area: None
2. Minimum building setback from property line for all commercial structures.
   1. Front: 10’ minimum and 30’ maximum from the property line; however, an accessory or secondary building may be allowed by the City Council to be set back further provided all provision of this Title are met.
   2. Side: None
   3. Rear: None
   4. Fuel pumps: 20 feet from any street
   5. Setback from residential zones: 15 feet
   6. Commercial structure setback from existing residential uses: 8 feet
   7. Residential structure setback as part of a mixed-use development (single-family and apartments): 10 feet
   8. Mixed-Use Structures. The commercial area of the structure must comply with the commercial structure setback requirements. The residential area of the structure located behind the commercial must comply with the residential structure setback requirements. Residential areas located above commercial may use the commercial structure setback requirements.
   9. The City Council, upon an applicant’s request, may approve a setback different than listed in this section based on specific circumstances of the site and building orientation or specific use of a proposal.
3. Building Heights.
   1. Minimum: 8 feet (see Section 16.13.110)
   2. Maximum: 35 feet (see Section 16.13.100)
4. All building sizes and setbacks are also subject to the requirements of the building code adopted by the City Council. Building heights shall be subject to this Title.
5. All parking shall be located at the side or rear of the main building on each commercial zoning lot. The City Council, upon an applicant’s request, may approve a parking plan different than listed in this section based on specific circumstances of the site and building orientation or specific use of a proposal.
6. Each new construction commercial building must have a door facing Main Street if the lot fronts Main Street.
7. Notwithstanding any other provision contained herein, structures and setbacks must comply with Section 16.13.150: Clear View Triangle of Intersecting Streets.
8. A landscaping plan is required for all permitted and conditional uses in the commercial zones. The plan will be reviewed by the Visual and Architectural Committee during the approval process and must meet the requirements found in Section 16.13.220.
9. Mixed-Use Standards.
   1. Lots less than one acre.
      1. Frontage: 70 feet
      2. One single-family dwelling (above, behind or detached)
      3. A minimum of 20 percent of the gross square feet of all structures on the lot must be deed-restricted as commercial.
   2. Lots greater than one acre.
      1. Frontage: 200 feet
      2. Up to one residential unit per acre
      3. A minimum of 20 percent of the gross square feet of all structures on the lot must be deed-restricted as commercial.
   3. Lot greater than 25 acres.
      1. Frontage: 200 feet
      2. Up to one residential unit per acre
      3. A minimum of 20 percent of the gross square feet of all structures (excluding residential garages) in the development must be deed restricted as commercial.

(2010-32, Section Amended, eff. 12/08/2010; 2015-04, Section Replaced eff. 7/8/2015; 2016-15, Section Amended eff. 11/2/2016; 2021-31, Section Amended, eff. 10/6/2021)

1. Residential accessory structures must be visually compatible with the dwelling on the same property. Staff will review and approve the proposed structure if it is found that the structure is visually compatible. If staff finds the proposed structure is not visually compatible with the dwelling, then the VAC will review the structure to assure compatibility.
2. Location Requirements.
   1. Front Setback. All residential accessory structures shall be setback at least forty-five (45) feet from the front lot line or fifteen (15) feet farther back than the front facade of the dwelling, whichever is greater.
   2. Side Setback. All residential accessory structures dwellings shall be setback from the side property lines a distance of at least three (3) feet. On corner lots, the side setback from any street shall not be less than thirty (30) feet.
   3. Rear Setback. All residential accessory structures shall be setback from the rear property line a distance of at least three (3) feet.

(2020-05, Section Added, eff. 5/7/20)