Chapter 17-7-1 SINGLE FAMILY RESIDENTIAL ZONE (SF-1)

Chapter 17-7-1
SINGLE FAMILY RESIDENTIAL ZONE (SF-1)

Sections:

17-7-1.1 Purpose.

17-7-1.2 Use table.

17-7-1.3 Lot standards.

17-7-1.4 Development standards.

17-7-1.5 Neighborhood compatibility.

17-7-1.6 Fences, hedges and walls.

17-7-1.7 Landscaping.

17-7-1.8 Parking.

17-7-1.9 Accessory structures (unoccupied).

17-7-1.10 Master planned development.

17-7-1.11 Conditional use standards of review.

17-7-1.12 Home occupation standards.

17-7-1.13 Signs.

17-7-1.14 Duplex (two-family) overlay (OD) zone.

17-7-1.15 Agricultural overlay zone.

17-7-1.16 Related provisions.

17-7-1.17 Camping.

17-7-1.1 Purpose.

The purpose of this chapter is to allow for the continuation of low density residential neighborhoods and to:

A. Allow neighborhood commercial and recreational activities that are compatible with residential neighborhoods;

B. Provide opportunities for variations in architectural design and housing types;

C. Provide opportunities for duplex (two-family) uses in specific duplex overlay districts;

D. Provide opportunities for agricultural uses in discrete agricultural overlay districts; and

E. Promote pedestrian connections within developments and between adjacent neighborhoods. (Ord. 11-13-2001 § 2 (part), 2001)

17-7-1.2 Use table.

If a use is not specifically designated, then it is prohibited.

Table 17-7-1.2 Uses
Type	Allowed	Administrative	Conditional	Business License
Accessory Apartment		X
Accessory Structure, Occupied			X
Accessory Structure, Unoccupied	X
Agricultural Uses (AO zone only)		X
Apiary			X
Assisted Living Facility, Group Home			X	X
Chickens, Keeping of		X
Child Care Center: 6 children or less Facility: 7 to 12 children		X	X	X X
Disabled Care Facility			X	X
Duplex (OD zone only)			X
Fence	X
Flag Lot			X
Gated Development		X
Home Occupation	X			X
Kennel, Private		X
Manufactured Home	X
Master Planned Development			X
Municipal Facilities: Cemeteries Parks Public Safety Facility Public Utilities: Minor Major Recreational Facilities Trails	X X X X X		X X
Neighborhood Commercial NC-1 and NC-2 • Commercial Mixed Use • Commercial Use • Financial Institution without Drive-Up Window • Office General • Resaurant (Outdoor Dining) without Drive-Up Window • Vertical Mixed Use			X	X
Personal Athletic Facility		X
Pre-Existing Lot	X
Pre-Existing Structure	X
Quasi-Public Facilities: Hospital Schools, Private			X X	X X
Radio Station			X	X
Religious/Educational Institute: Permanent Temporary	X	X
Single Family	X
Swimming Pool		X
Telecommunications Facility <35' in height		X

(Ord. 7/6/2010O-5 § 1 (Att. A) (part), 2010: Ord. 9/22/2009O-15 § 1 (Att. A) (part), 2009; Ord. 6/16/2009O‑10 § 2 (part), 2009; Ord. 5/07/2002A § 1 (part), 2002; Ord. 11-13-2001 § 2 (part), 2001)

17-7-1.3 Lot standards.

The following standards apply to all new subdivisions of land in the zone:

A. Lot Area. The minimum lot area is seven thousand square feet, subject to the following exception:

1. For the purpose of promoting owner-occupied residences, a lot complying with the requirements of the zone may be subdivided to allow for individual ownership of a pre-existing single family attached structure.

B. Lot Width. The minimum lot width is fifty-five feet, measured at the front setback line.

C. Lot Frontage. The minimum lot frontage is fifty-five feet unless the lot is on a cul-de-sac, in which case the minimum lot frontage is thirty-five feet.

D. Lot Depth. The minimum lot depth is ninety feet, unless the lot width is at least eighty-two feet, then the minimum lot depth shall be eighty feet. Corner lots must meet the minimum lot depth from both street frontages. (Ord. 5/20/2003O-5 § 1 (part), 2003; Ord. 11-13-2001 § 2 (part), 2001)

17-7-1.4 Development standards.

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

A. Setbacks. The minimum setbacks in the zone are as follows:

1. Front. The minimum front yard setback is thirty feet. If fifty percent or more of the lots on the block are developed with a front yard setback of twenty-five feet or less, the front yard setback shall be twenty feet.

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

b. Exceptions. The following exceptions apply to all front yard setbacks in the zone:

i. Front Porch. An open, front entry porch may encroach eight feet into the front yard setback.

ii. Projections. Skylights, sills, cornices, chimneys, flues, eaves and ornamental features may project into the front yard up to two and one-half feet.

iii. Impervious Surfaces. A driveway with a width of twenty feet or forty percent of the lot frontage, whichever is greater, and a sidewalk of up to five feet in width from the driveway or street to the front door. The driveway may extend an additional ten feet in width behind the sidewalk.

2. Side. The minimum side yard setback is eight feet, subject to the following exceptions:

a. Projection. Skylights, sills, cornices, chimneys, flues, eaves and ornamental features may project into the side yard up to two and one-half feet.

b. Stairs and Balconies. Outside stairways and balconies may project into the side yard up to three feet.

c. Single Family Attached Structure. In the case of a pre-existing single family attached structure, the structure shall be exempt from the interior side yard setback.

3. Rear. The minimum rear yard setback is twenty-five feet, subject to the following exceptions:

a. Corner Lot Rule. On corner lots, there is no rear yard.

b. Projection. Skylights, sills, cornices, chimneys, flues, eaves and ornamental features may project into the rear yard up to two and one-half feet.

c. Stairs and Balconies. Outside stairways and balconies may project into the rear yard up to three feet.

B. 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. This provision does not apply to the development of cul-de-sac lots.

C. Height. The maximum height for a structure in the zone is twenty-eight feet to the midpoint for a sloping roof and twenty-five feet to the cornice for flat roofs.

D. Stories. All buildings must be from one to two and one-half stories.

E. Parking/Driveway Access. Each lot shall provide two parking spaces in a garage or the side or rear yard of the property. The driveway shall have a maximum paved width of twenty feet, or forty percent of the lot frontage, whichever is greater. The driveway may extend an additional ten feet in width behind the sidewalk.

F. Utilities. Each dwelling must be serviced by a public water and sewer system.

Table 17-7-1.4

Minimum Lot and Development Standards


		Area	Width	Depth	Frontage	Setbacks	Build-To Line	Height
LOT	Standards	7,000 s.f.	55'	90'	55'	Front: 30', 20' if 50% of front yards ≤ 25' Side: 8' (40' accessory structure w/live animals) Rear: 25' (40' accessory structure w/live animals) Accessory structure: 5' rear and side yard	30' ≥ 50% of front elevation must be ≤ 3' from build-to line	28' to mid-point 25' to cornice
LOT	Exceptions	See text	See text	80' if width ≥ 82'	45' on cul-de-sac	Projections: = 2-1/2' Front: 20' paved drive, plus add’l 10' behind sidewalk 5' paved walk, porch ≤ 8' Side/Rear: Stairs and balconies ≤ 3' Corner lot: 2 front, 2 side, 0 rear	N/A for cul-de-sac lot	No

(Ord. 5/20/2003O-5 § 1 (part), 2003; Ord. 11-13-2001 § 2 (part), 2001)

17-7-1.5 Neighborhood compatibility.

Any new development or exterior remodel within the Central Midvale or Copperview neighborhoods shall be architecturally compatible with respect to the height, mass and exterior materials of homes along the block in which the proposed construction is situated, and shall respect the existing proximity to the street of all structures proposed on frontage lots. (Ord. 11-13-2001 § 2 (part), 2001)

17-7-1.6 Fences, hedges and walls.

The following standards apply to new development of fences, hedges and walls:

A. 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:

1. All property lines are located in order to determine that no fence, hedge, or wall extends beyond or across a property line. A fence, hedge, or wall may cross a property line if an agreement with the abutting property owner is obtained;

2. No fence, hedge, or wall is placed nearer than six inches to any public sidewalk;

3. Any fence, hedge or wall placed within ten feet of a driveway may not exceed three feet in height if a sight obscuring solid material is used, such as wood, vinyl, etc.; and four feet if nonobscuring open materials are used, such as wrought iron, picket with gaps no less than width of slat, etc., for the first ten feet behind the sidewalk; and

4. 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.

5. All fences shall be constructed of quality materials that are specifically manufactured for fencing and shall not be constructed with any material that was originally made for other intentions. Unless specifically being used for a bona fide agricultural use, perimeter fencing within a residential area shall not be constructed from any material that was manufactured for an agricultural use such as chicken wire, deer fencing, hog wire, wire strands, t-stakes, or grape stakes.

6. All fences shall be maintained in a good condition by the property owner including compliance with the following standards:

a. The fence must be free of damage, breaks or missing components or parts.

b. Areas of the fence that are leaning more than twenty degrees from vertical, buckling, sagging or deteriorating must be repaired or replaced with materials and color similar to its original construction.

c. All metal style fences shall be treated in a manner to prevent rust.

d. Plant materials growing on fences within clear view areas, i.e., within ten feet of a driveway near a sidewalk (see required setbacks above) or within the clear view triangle area, shall be maintained at a maximum height of three feet.

B. Height. No fence or wall may exceed six feet in height, four feet in height in the front yard setback, nor three feet in the clear view triangle, measured as follows:

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

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

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

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

C. 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 in height are constructed with at least fifty percent non-opaque materials.

D. Nonconforming Fences/Conformance with This Section. No person shall construct a new or alter an existing fence, hedge, wall, column, pier, post, or any similar structure or any combination of such structures except in conformance with all of the requirements of this section. For purposes of this subsection, an altered fence is defined as replacing or changing more than sixty percent of the linear feet of an existing fence located in the front yard, replacing or changing more than sixty percent of the linear feet of an existing fence located in the back yard, or increasing the height of an existing fence. (Ord. 2011-03 § 1 (Att. A) (part); Ord. 11-13-2001 § 2 (part), 2001)

17-7-1.7 Landscaping.

Applicants for new development and existing residential property owners shall comply with the following landscaping standards:

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

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

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

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

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

F. Enforcement. Follow-up inspections and enforcement activities will be through the city’s code enforcement ACE program. (Ord. 6/20/2006O-8 § 1 (part), 2006: Ord. 11-13-2001 § 2 (part), 2001)

17-7-1.8 Parking.

A. All residential lots shall provide a minimum of two improved off-street parking spaces for personal automobiles in a driveway, garage or carport, or in the side or rear yard. Parking in the side or rear yard shall be improved with concrete, asphalt, concrete pavers or gravel. Parking areas surfaced with either concrete pavers or gravel must be maintained to ensure that no weeds grow in these areas. Landscaping areas in front of the dwelling space in excess of the permitted driveway width shall not be surfaced for parking.

B. Storage of individual recreational vehicles (RVs), travel trailers, boat trailers and utility trailers shall occur in an improved off-street location a minimum of five feet behind the sidewalk. Parking in the side or rear yard shall be improved with concrete, asphalt, concrete pavers or gravel. Parking areas surfaced with either concrete pavers or gravel must be maintained to ensure that no weeds grow in these areas. Landscaped areas in front of the dwelling space shall not be surfaced for parking.

C. An applicant for new development shall propose on-site parking as follows:

Table 17-7-1.8

Parking


Uses	Parking Requirement
Accessory Apartment	1 space
Accessory Structure— Occupied	1 space in addition to requirements for primary structure
Child Care Facility/Center	1 space per on-duty employee and 1 per 6 children
Group Home	The greater of: 1 space per 2 bedrooms plus 1 space per employee per shift, or 2 per 3 employees per shift
Master Planned Development	As determined by planning commission, based on the proposed uses and the potential for shared parking
Neighborhood Commercial	2 spaces per 1,000 s.f. of leasable area
Public and Quasi-Public Institution, Church and School; Public Utility; Municipal Facility	The greater of: 1 space per 5 seats, or 2 spaces per 3 employees, or 1 space per 1,000 s.f.
Single Family/Duplex	2 spaces per dwelling unit (may be comprised of pavers or gravel)

D. Off-street parking, as required herein, must be installed within six months of occupancy, change of occupancy, or notice of violation. Parcels existing at the time of the adoption of the ordinance codified in this section for which the installation of two off-street parking spaces is impossible due to lack of front or side yard area adequate for the installation of off-street parking spaces in accordance with Midvale City standards are exempt from the off-street parking requirements only to the extent that compliance is impossible. A parcel exempted by this section must install as much off-street parking as possible. (Ord. 6/20/2006O-8 § 1 (part), 2006: Ord. 11-13-2001 § 2 (part), 2001)

17-7-1.9 Accessory structures (unoccupied).

New development of an accessory structure intended for storage and not for human occupancy is an allowed use and shall meet the following development standards:

A. Proximity. An accessory structure must be located no less than six feet from the main building.

B. Location. The accessory structure must be located in either the rear or side yard.

C. Setbacks. The accessory structure, including eaves, must be a minimum of two feet from the rear and side lot lines. All construction must be done in accordance with the building code.

D. Height. Accessory structure height may not exceed twenty feet to the midpoint for a sloped roof and sixteen feet to the cornice for a flat roof.

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

F. Building Area. The maximum area of an accessory structure is the larger of nine hundred square feet or thirteen percent of the lot area.

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

H. Maintenance. It is the responsibility of the property owner to ensure the setback area between the accessory structure and the property line remains free of weeds, junk and debris. (Ord. 5/4/2010O-3 § 1 (Att. A) (part), 2010: Ord. 7/11/2006O-10 § 1 (Exh. B) (part), 2006: Ord. 11-13-2001 § 2 (part), 2001)

17-7-1.10 Master planned development.

Any proposal for new development or redevelopment in excess of one acre in the zone shall be master planned to assure coordination of design, mitigation of adverse impacts, common open space, a variety of housing types and improved trail linkages.

A. Large Scale Master Planned Development. Every proposal for new development or redevelopment in excess of five acres shall be large scale master planned. The large scale master plan commits the owner to a specific, detailed development plan.

B. Small Scale Master Planned Development. All applicants for developments in excess of one acre and all permit holders for large scale master planned developments must apply for a small scale master planned development permit, which is a condition precedent to a building permit for on-site construction. The small scale master plan commits the owner to a specific, detailed development plan.

C. Development Requirements. To be granted any of the incentives in subsection D of this section, a master planned development application must include:

1. Improved, nonmotorized vehicle trail linkages and access for general pedestrian use;

2. A minimum of fifteen percent of the land as improved, common open space to include such uses as mini-parks, picnic areas, playgrounds, recreation areas and structures such as club houses, pavilions, swimming pools, etc.;

3. A minimum of fifty percent of the site shall be open space (excluding streets, parking, driveways, and steep slopes);

4. A minimum of sixty percent of the structural facade and forty percent of the side facade shall be brick or equivalent material. The planning commission may grant a reduction to the forty percent side facade requirement based on design merit, or if it is demonstrated that all or portions of the facade cannot be seen from public or common areas;

5. A grant to the city of a permanent open space easement on and over all private open spaces to guarantee that the open space remains perpetually in recreational use, with the ownership and maintenance being the responsibility of the owners’ association; and

6. Adopted articles of association and by-laws of such association that are satisfactory to the city.

D. Incentives for Master Planned Development Design. The planning commission may award an applicant for a master planned development certain incentives for master planning. Upon the applicant’s demonstration of streetscape design, use of superior materials, quality trail connections, and preservation and enhancement of open space in excess of twenty percent, the planning commission may:

1. Grant a density bonus of up to ten percent of the density allowed in the zone;

2. Allow multi-family uses if the proposed design is compatible with adjacent single family uses;

3. Subject to the Building Code, diminish interior setback criteria and reduce required yards interior to the development to encourage clustered development;

4. Allow for the development of private roads and diminished frontage requirements along private roads;

5. Increase the allowed height up to ten percent of the maximum zone height for structures in excess of fifty feet from the perimeter of the master planned development boundary; and

6. Reduce required parking, based on a parking analysis which shows:

a. The proposed number of vehicles required by the typical tenant mix of the project;

b. A comparison of well-parked projects of similar size and proposed occupancy;

c. Parking needs of nonresidential uses;

d. A shared parking analysis; and

e. Provisions for overflow parking during peak periods. (Ord. 7/11/2006O-10 § 1 (Exh. A) (part), 2006; Ord. 8/10/2004O-25 § 1(3) (part), 2004; Ord. 3-19-2002A § 1(6) (part), 2002; Ord. 11-13-2001 § 2 (part), 2001)

17-7-1.11 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 fully mitigates all identified 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 17-7-1.8;

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

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

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

12. Within and adjoining the site, impacts on the aquifer, slope retention, and flood potential have been fully mitigated and the proposed structure is appropriate 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 evaluate the applicant’s compliance with each of the following criteria when considering whether to approve, deny or condition an application for each of the following conditional uses:

1. Conditional Use.

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

i. Proof of a state child care license;

ii. Compliance with state, federal and local law;

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

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

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

i. The maximum number of residents shall be:

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

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

ii. A complete application shall include:

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

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

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

(E) A delivery, traffic and parking plan which adequately mitigates the adverse impacts of increased traffic generation on the neighborhood in which it is located. The parking plan should propose parking appropriate to the proposed use of the facility, which plan may propose parking below the standards listed in Section 17-7-1.8.

c. Accessory Structure (Occupied). New development of an accessory structure intended for human occupancy is a conditional use and shall meet the following development standards:

i. Proximity. The accessory structure must be located no less than six feet from the main building.

ii. Setbacks. The accessory structure must be located in either the rear or side yard, with no less than a ten foot setback from the rear and side lot lines, unless the accessory structure is located at the front yard setback of an adjacent corner lot, in which case, the side yard setback to the nearest side lot line must be at least fifteen feet.

iii. Height. The accessory structure height may not exceed twenty-four feet to the midpoint for a sloped roof and twenty feet to the cornice for a flat roof.

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

v. Building Area. The maximum area of an occupied accessory structure is the larger of nine hundred square feet or thirteen percent of the lot area. No more than six hundred square feet of the accessory structure shall be used for human occupancy.

d. Neighborhood Commercial-1 (NC-1). Each application for a neighborhood commercial use shall demonstrate that the proposed use:

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

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

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

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

v. No more than three materials shall be used for the primary wall surfaces on a building. Exterior finishes shall be of traditional, time- and weather-tested techniques and shall not include architectural metal or concrete except as accents to the building that consist of less than twenty-five percent of any elevation. The bottom one-third of the ground floor must consist of a base material such as rock or brick. Window area shall not exceed sixty percent of any front elevation or forty percent of any other elevation. Without limiting the use of color, exterior walls shall be subdued in color and not reflective. Intense colors should be used as accent only. All the roofs and dormer roofs of a building shall be constructed of the same material. Slopes of roofs shall be of equal pitch if a gable or hip roof is employed. All metal roofs must be of a subdued color. Painted roof shingles are prohibited. Retaining walls shall be of materials complementary to the building’s materials;

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

vii. Includes neither outdoor storage nor an outdoor display of merchandise, but may include outdoor dining. External signage shall not exceed fifteen percent on the front of the building and five percent on two other elevations. A neighborhood commercial use shall include no outdoor storage beyond a small, fully screened trash area. Window signage may not exceed twenty-five percent of the window area;

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

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

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

xi. Includes the owner’s covenant to comply with all of the requirements of the NC-1 use as located herein, which covenant shall run with the conditional use permit.

e. Neighborhood Commercial-2 (NC-2). Each application for a neighborhood commercial use shall demonstrate that the proposed use:

i. Is located on Union Park Road or Husky Highway at an intersection with a public road with a right-of-way width of at least fifty feet.

ii. Is pedestrian oriented and shall serve the immediate neighborhood in which it is located and provide specialized goods and services to a wider trade area.

iii. Has the following building setbacks measured from the property lines: front yard setback/build-to lines no more than fifteen feet; minimum eight-foot side yard setbacks. Corner lots have two front yards, two side yards, and no rear yard.

iv. Has the main building entrance on the elevation that faces the street with the highest traffic flows or on the corner.

v. Provides a buffer for adjacent residential uses with one of the following:

(A) Landscaped Buffer Area. A landscape buffer area must be a minimum of thirty feet wide to provide adequate screening, buffering, and separation of these uses. The landscape treatment should use a combination of distance and low level screening to separate the uses to soften the visual impact of the commercial use. The thirty-foot buffer area may be shared between adjoining properties, upon adequate proof of reciprocal easements to preserve and maintain the buffer area. The landscaped buffer area shall include a minimum of one tree for every two hundred fifty square feet.

(B) Fully Sight-Obscuring Fence. The planning commission shall require complete visual separation from residential uses if it determines that complete screening is necessary to protect abutting uses, and landscaping is not practical. Such fence must be six feet high and completely sight-obscuring. Fences may be of wood, metal, bricks, masonry or other permanent materials.

vi. May not exceed a total of five thousand square feet of gross leasable area, while individual interior spaces are limited in size to three thousand square feet of retail space, two thousand five hundred square feet of storage area, and one thousand square feet of dining area.

vii. Has a minimum of three parking spaces per thousand square feet for retail and office uses, one space per thousand square feet of interior storage area and five spaces per thousand square feet of dining area, but does not exceed eight total parking spaces. Parking shall be located on the side of the building, shall be located behind a fifteen-foot landscaped setback from any street, and shall have perimeter landscaping of at least five feet in width.

viii. Is architecturally compatible with the SF-1 zone including a maximum height of twenty-eight feet to the midpoint for a sloping roof and twenty-five feet to the cornice for a flat roof. No more than three materials shall be used for the primary wall surfaces on a building. Exterior finish shall be of traditional, time- and weather-tested techniques and shall not include architectural metal or concrete except as accents to the building that consist of less than twenty-five percent of any elevation. The bottom one-third of the ground floor must consist of a base material such as rock or brick. Window area shall not exceed sixty percent of any front elevation or forty percent of any other elevation. Without limiting the use of color, exterior walls shall be subdued in color and not reflective. Intense colors should be used as accent only. All the roofs and dormer roofs of a building shall be constructed of the same material. Slopes of roofs shall be of equal pitch if a gable or hip roof is employed. All metal roofs must be of a subdued color. Painted roof shingles are prohibited. Retaining walls and fences shall be of materials complementary to the building’s materials.

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

x. Includes no outdoor storage nor outdoor display of merchandise, but may include minimal outdoor dining. An outdoor dining use shall comply with the criteria found in Section 17-7-12.9(B)(2)(b)(i) through (v).

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

xii. External signage shall comply with Section 17-7-12.10 with the exception of monument, shopping center, temporary mobile changeable copy signs, temporary balloon sign/inflated sign displays and temporary pennant/streamer signs being prohibited.

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

xiv. A neighborhood commercial use may not include second story commercial use but may include vertical mixed use to include residential on the second floor.

xv. Screens light trespass to adequately mitigate lighting impacts on surrounding uses as demonstrated by a photometric lighting plan. Exterior lighting may not exceed a height of fifteen feet (either pole- or wall-mounted fixtures), shall utilize not more than a one hundred fifty watt high-pressure sodium light source with a maximum average footcandle of one in the parking area.

xvi. Driveways and parking areas shall comply with the standards in Section 17-7-12.7.

xvii. Landscaping shall comply with the standards in Section 17-7-12.6, with the exception of subsections (A)(1) and (A)(11).

xviii. Includes the owner’s covenant to comply with all of the requirements of the NC-2 use as located herein, which covenant shall run with the conditional use permit.

f. Flag Lots. Each application for new subdivision of a flag lot, or for new development on a flag lot shall demonstrate that the application complies with the following criteria:

i. Lot Area. The minimum area of the banner portion of the proposed flag lot is seven thousand square feet and the minimum area of the remaining frontage lot is seven thousand square feet;

ii. Lot Width and Depth. The minimum banner portion width and depth is seventy-five feet. The minimum lot width and depth of the frontage lot complies with all lot standards for the zone;

iii. Setbacks. Setbacks for new development on a flag lot are fifteen feet for each of the front, side and rear yards. New development on a flag lot is entitled to the same yard exceptions as a frontage lot, with the rear yard lot line of the frontage lot serving as the front yard lot line for the banner portion of the flag lot;

iv. Height. The maximum proposed height for a structure is twenty-five feet;

v. Stories. A structure shall not exceed one story;

vi. Parking/Driveway Access. Each flag lot and each frontage lot shall provide two parking spaces on the side or rear yard of property. The driveway shall have a paved width of twenty feet;

vii. Fire Department Access and Water Supply. Each dwelling must adhere to the Fire Code; and

viii. Utilities. Both the flag lot dwelling and the frontage lot dwelling must be serviced by a public water and sewer system.

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

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

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

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

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

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

iv. A complete application shall include:

(A) Proof of state license for a “Residential Treatment Program” from the Utah Department of Human Services Office of Licensing;

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

(D) A covenant stating:

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

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

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

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

(G) A delivery, traffic and parking plan which adequately mitigates the adverse impacts of increased traffic generation on the neighborhood in which it is located. The parking plan should propose parking appropriate to the proposed use of the facility, which plan may propose parking below the standards listed in Section 17-7-1.8.

h. Apiary. The purpose of this subsection is to establish certain requirements of sound beekeeping practices, which are intended to avoid problems that may otherwise be associated with the keeping of bees in populated areas.

i. No more than the following number of colonies may be kept on any tract within the city, based upon the size of the tract upon which the apiary is situated:

(A) One-third acre to one-half acre in size: one colony;

(B) More than one-half acre in size: two colonies.

ii. A site plan shall be submitted for review by the planning commission addressing the following:

(A) Any colony situated within twenty-five feet of a public or private property line shall require the establishment of a flyway barrier at least six feet in height consisting of a solid wall, fence, dense vegetation or combination thereof as approved by the planning commission. Said barrier shall be parallel to the property line extending ten feet beyond the colony in each direction, forcing a flight pattern elevation of at least six feet above grade.

(B) A water source shall be provided on the property and no nearer than twenty feet to the hive to avoid bees congregating on nearby properties in a search for water.

(C) A sign conspicuously posted setting forth the name and phone number or other identifying marks, such as a registration number, of the responsible beekeeper.

iii. In addition to the aforementioned conditions, the applicant shall ensure compliance at all times with the following conditions:

(A) All honey bee colonies shall be kept in Langstroth-type hives with removable frames, which shall be kept in sound and usable condition.

(B) All honey bee colonies shall be registered with the Utah Department of Agriculture and Consumer Services.

(C) Maintenance shall be such that no bee comb or other materials are left upon the grounds of the apiary site. Upon removal from the hive, all such materials shall promptly be disposed of in a sealed container or placed within a building or other bee-proof enclosure.

(D) All colonies shall be maintained with marked queens. The colony shall be promptly re-queened if it exhibits unusual aggressive characteristics by stinging or attempting to sting without due provocation or swarming. Regardless of colony behavior, each colony shall be re-queened on a yearly basis.

(E) Each Utah apiary shall meet all requirements and inspection schedules deemed necessary by the Utah Department of Agriculture and Consumer Services.

(F) Notwithstanding compliance with the various requirements of this subsection, it shall be unlawful for any beekeepers to keep any colony or colonies in such a manner or of such disposition as to cause any unhealthy condition, interfere with the normal use and enjoyment of human or animal life of others or interfere with the normal use and enjoyment of any public property or property of others.

Upon receipt of information that any colony situated within the city is not being kept in compliance with the conditions set forth by the planning commission, may result in an investigation and subsequent hearing before the city’s hearing officer per Chapter 8.05 and the planning commission per Chapter 17-3 of the Midvale Municipal Code.

Table 17-7-1.11

Minimum Flag Lot and Development Standards
		Area	Width	Depth	Frontage	Setbacks	Build-To Line	Height
FLAG	Standard for Banner Portion	7,000 s.f.	75’	75’	20’	Front: 15’ Side: 15’ Rear: 15’	N/A	25’ to mid-point
FLAG	Exceptions	No	No		No	Projections: ≤ 2½’ Front: 5’ paved walk Front/Side: 20’ paved drive Side/Rear: Stairs and balconies ≤ 3’	N/A	No

2. Administrative Conditional Use.

a. Accessory Apartments. Each application for an accessory apartment shall include:

i. A site plan, which demonstrates one additional, paved, off-street parking space for the accessory apartment;

ii. A floor plan which demonstrates that the accessory apartment is less than twenty-five percent of the dwelling size; and

iii. The owner’s covenant to occupy the primary dwelling unit, which covenant shall run with the conditional use permit.

b. Gated Communities. An application for a gated community must demonstrate adequate provision for perpetual access of life safety equipment and personnel. The minimum width of a one-way access is fifteen feet. Proposed gate works must include access technology installed and maintained to the reasonable satisfaction of the fire marshal.

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

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

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

i. Wall-Mounted Antenna. Wall-mounted antennas may not extend above the wall line of the building or extend more than four feet horizontally from the face of the building.

(A) Antennas, equipment and the supporting structure shall be painted to match the color of the building or structure or the background against which they are most commonly seen. Antennas and the supporting structures on buildings shall be architecturally compatible with the building. Whip antennas are not allowed on a wall-mounted antenna structure.

(B) 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 those building structures.

(C) Stealth wall-mounted antennas are encouraged and may be allowed to vary from the provisions of this section upon demonstrated mitigation of impact.

ii. Roof-Mounted Antenna. Roof-mounted antennas are allowed only on a flat roof and shall be screened, constructed and painted to match the structure to which they are attached. The planning commission may grant approval to place roof-mounted stealth antennas on a pitched roof if the antennas do not extend above the peak of the roof.

(A) Antennas shall be mounted at least five feet behind any parapet wall. The maximum height of an antenna mounted between five and ten feet behind a parapet 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. An antenna may not extend more than fifteen feet above the roofline of the building unless the adverse impacts of the additional height are fully mitigated.

(B) 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. The screening structures may not extend more than eight feet above the existing roofline of the penthouse or mechanical equipment room.

(C) Antennas not mounted on a penthouse or mechanical equipment room shall be mounted at least five feet back from the exterior wall of the building. The maximum height of an antenna mounted between five and ten feet back from the exterior wall shall be directly proportional to the setback distance, and may not exceed ten feet above the roof line of the building. Similarly, a roof-mounted antenna may not extend above the roofline of a penthouse or mechanical equipment room except as allowed as a conditional use.

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

iv. Area Limitations. Combinations of both roof and wall-mounted antennas are allowed on a building. The total area for all wall and roof-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. Cellular antennas may occupy a maximum of four walls. The visible portion of the supporting structure as viewed when looking directly at the face of the building. The total area for a roof-mounted antenna shall apply to the closest exterior wall.

v. 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;

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

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

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

(F) Location and zoning compliance of accessory buildings associated with the telecommunications facility;

(G) Monopole. A conditional use permit for a monopole may be granted in a residential zone district only if the planning commission finds that:

(1) The monopole antenna does not exceed thirty-five feet in height;

(2) Monopole with antennas and antennas support structure does not exceed two feet in width;

(3) The antenna tower will be placed on a parcel, which is not occupied by a residential use, such as a school, church, or other nonresidential use, which is otherwise legally located in that residential zone;

(4) The antenna tower will be located no closer than two hundred feet from the nearest residential structure; and

(5) The monopole will be disguised as, or otherwise integrated with, a light pole or similar utility structure located on the parcel to minimize and mitigate the visual impact of the antenna. Monopoles shall be fenced with a six-foot chain-link fence and the climbing pegs removed from the lower twenty feet of the monopole. In circumstances where the accessory building and fence may be viewable from any public road or public space, the planning commission may require alternative building and fencing materials such as masonry, wrought iron or chain link with colored vinyl coating, depending on the location.

(6) No monopole or lattice tower may be located within one thousand feet of another monopole or lattice tower unless it is for the bona fide public services of a public transit district as defined in Section 17A-2 1001 et seq. of the Utah Code Annotated and as certified by said public transit district.

vi. 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.

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

viii. 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.

f. Private Kennel. Each application for a private kennel shall include:

i. Proof of current vaccination for all animals;

ii. Proof of current pet licenses with the city for those animals required to be licensed;

iii. If dogs, a site plan indicating the area in which they are kept is surrounded by a six-foot high fence;

iv. No validated complaints or violations concerning animals (unlicensed pets, excessive noise, bites, stray) have been recorded against the applicant by the city.

g. Temporary Dwellings. The purpose of this subsection is to allow existing permanent dwellings to be occupied temporarily by the property owner while a new permanent dwelling is under construction on the same property. Because the need is transitory, the approval of temporary dwellings does not constitute a long-term land use commitment that conflicts with the comprehensive plan and implementing ordinances. Nothing in this subsection is intended to allow the use of mobile/modular homes, travel trailers/RVs, or any other living accommodation as a temporary dwelling. Temporary dwellings shall be regulated as follows:

i. Every temporary dwelling authorized in accordance with this section shall meet the following minimum criteria:

(A) A temporary dwelling permit application and other submittals required for conditional use permits must be submitted for approval. A demolition bid for the existing structure from a qualified demolition contractor must be submitted with the application;

(B) Prior to approval of a temporary dwelling, a performance bond must be in place that guarantees the demolition of the existing structure in the amount of twenty-five thousand dollars (in 2006 dollars adjusted for inflation) or the bid amount plus ten percent, whichever is greater;

(C) The applicant must submit an agreement, on a form supplied by the city, signed by the property owner, that provides the city with the authority to demolish the temporary structure if the property owner has not demolished it within thirty days of the final inspection and work on the new home having been completed. The agreement shall also give the city permission, at its sole discretion, to abate and/or demolish any structure permitted by this subsection that continues beyond the term of the temporary housing agreement and any renewals granted, including new construction. As part of the agreement the applicant will deliver to the city a properly executed quit claim deed to Midvale City that is ready to be recorded but will not be recorded unless the applicant defaults on any of the terms of this subsection or the agreement. The decision to record this document will be the sole discretion of the city;

(D) The temporary dwelling shall be maintained in a manner which will facilitate its removal upon expiration or termination of the permit;

(E) There shall be no more than one temporary dwelling per parcel nor shall more than one temporary dwelling permit be issued per parcel, per twenty-five years;

(F) No temporary structure shall be approved that is not occupied by the property owner;

(G) No construction shall be permitted that, even temporarily, violates the applicable building codes or land use ordinance, including required spacing between structures.

ii. Term, Renewal and Revocation.

(A) Term. A temporary dwelling permit issued to an applicant shall be valid for one year or until the new permanent dwelling is completed, whichever occurs first. Temporary dwelling permits may be renewed only under the circumstances set forth below.

(B) Renewal. A request for renewal of a temporary dwelling permit issued shall be submitted at least thirty days prior to the expiration of the permit. A temporary dwelling permit may be renewed only once and for a term no longer than the term of the initial temporary dwelling permit.

(1) Any of the requirements of this chapter have not been satisfied;

(2) Any of the conditions attached to the permit have not been met; or

(3) The grounds for authorizing the permit no longer exist.

The temporary dwelling permit may be revoked after notice to the holder of the permit. If the permit holder has not demonstrated to the city within seven days of the mailing of such notice that no grounds for revocation exist, then the permit may be revoked and the matter referred to the code enforcement officer for appropriate action pursuant to municipal code.

(D) Expiration. Occupancy of a temporary dwelling shall cease immediately upon expiration of a temporary dwelling permit and within fourteen days after mailing, by certified mail, of notification of revocation. The temporary structure must be demolished within thirty days of expiration or revocation of the permit, or the city may commence demolition work in accordance with the signed agreement.

(E) Transferability. A permit issued under this subsection is not transferable except to future owners of the same property, who must sign an affidavit agreeing to use the permit only under the same terms, time frames, conditions, responsibilities, and agreements that the original permit holder agreed to.

(F) Certificates of Occupancy. No certificate of occupancy or temporary certificate of occupancy shall be granted for the new dwelling unit until the temporary dwelling unit and any debris, junk or refuse has been removed from the property to the satisfaction of the city.

h. Chickens. Subject to the requirements of this section and any other applicable provision of this code, hen chickens (and no roosters or other types of fowl) regardless of age, in the amount set forth below, may be kept on a lot or parcel of land for the sole purpose of producing eggs.

i. The number of hen chickens which may be kept shall be limited based on the size of the lot or parcel as follows:

(A) Lots with at least one-half acre: up to eight.

(B) Lots with at least ten thousand square feet: up to five.

(D) Lots with at least five thousand square feet: up to two.

(E) Lots with less than five thousand square feet: none.

ii. The principal use on the lot or parcel shall be a single-family dwelling.

iii. Chickens shall be confined within a secure enclosure that includes a coop.

(A) The coop shall be covered, weatherproof, and well ventilated.

(B) The enclosure, including the coop, shall be predator-resistant.

(D) If chickens are not allowed to roam within an enclosure outside the coop, the coop shall have a minimum floor area of six square feet per chicken.

(E) The coop shall be structurally sound and located in a rear yard at least thirty feet from any neighboring residential structures and at least ten feet from the primary residential structure on the property. The coop shall also meet the minimum setback for accessory structures within this zoning district. The coop and enclosure shall be hidden from the public view through the use of opaque fencing materials, vegetative screening, or other means allowed within this part. Because a corner lot technically does not include a rear yard, the owner of a corner lot may choose one of the “side” yards to function as a rear yard for the purposes of keeping chickens and locating the coop.

(F) The coop and enclosure shall be maintained in a neat and sanitary condition and shall be cleaned as necessary to prevent any odor detectable at a property line. At a minimum the coop and enclosed area shall be cleaned weekly, although waste may be composted so long as the composting area meets the setback requirements that apply to the coop and prevent any odor detectable at the property line.

(G) No chicken shall be permitted to roam outside the coop or enclosure.

iv. Chicken feed shall be stored in rodent- and predator-proof containers.

v. Water shall be available to the chickens at all times. A watering device that incorporates a water warming device shall be supplied, used and maintained.

vi. Chickens shall not be slaughtered on site. (Ord. 7/6/2010O-5 § 1 (Att. A) (part), 2010; Ord. 9/22/2009O-15 § 1 (Att. A) (part), 2009; Ord. 6/16/2009O‑10 § 2 (part), 2009; Ord. 7/11/2006O-10 § 1 (Exh. A) (part), 2006; Ord. 3/07/2006O-1 § 1 (part), 2006; Ord. 5/07/2002A § 1 (part), 2002; Ord. 2-5-2002 § 1 (part), 2002; Ord. 11-13-2001 § 2 (part), 2001)

17-7-1.12 Home occupation standards.

Each application for a business license for a home occupation shall include the owner’s covenant that the proposed use:

A. Shall not include outdoor storage, outdoor display of merchandise, nor parking/storage of any vehicle in excess of twelve thousand pounds gross vehicle weight;

B. Shall not include identifying signage in excess of a two square foot name plate attached to the dwelling;

C. Is limited to the on-site employment of immediate family who occupy the dwelling (this criteria is not intended to limit the number of employees who are engaged in business for the home occupation but work off-premises);

D. Shall not alter the residential character or appearance of the dwelling or neighborhood;

E. Shall not occupy more than twenty-five percent of the main floor of the dwelling nor more than fifty percent of the floor area of any garage or outbuilding in which the use is conducted;

F. Shall not generate business-related vehicular traffic in excess of three vehicles per hour;

G. Shall not cause a demand for municipal services in excess of that associated with normal residential use;

H. Shall be enclosed within a structure in complete conformity with current building, fire, electrical and plumbing codes;

I. Is not a mortuary, animal hospital, kennel, clinic, hospital, RV storage yard, junkyard, auto repair service, commercial stable or sexually oriented business. (Ord. 11-13-2001 § 2 (part), 2001)

17-7-1.13 Signs.

If a sign type is not specifically designated below, then it is prohibited.

Table 17-7-1.13

Signs
Sign Type	Allowed	Conditional	Max. Area	Max. Height	General Restrictions
Campaign	X		16 s.f.	4'	Removed w/i 15 days following election
Construction	X		32 s.f.	12'	Removed after the first of 3 months from completion or upon C.O.
Flat or Wall Sign (Neighborhood Commercial only)		X	10% of facade facing street	n/a	Internally illuminated signs prohibited. Signs are only allowed on facades with street frontage for neighborhood commercial uses
Name Plate	X		1 s.f.	n/a	≤ 2 per residence
Real Estate	X		6 s.f.	5'

A. Temporary Signs. Temporary signs may not be permanently attached to the ground, buildings or other structures.

B. Flat or Wall Signs. Flat or wall signs shall only be used with neighborhood commercial uses when located within a residential zoning district. The maximum area for these signs shall be ten percent of the building wall facade, and may only be located on facades with street frontage. These signs may not be internally illuminated.

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

1. Bus Benches and Shelters.

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

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

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

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

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

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

g. Revocation and Removal. The issuance of a permit to locate a bench or shelter within the city of Midvale creates only a license, revocable upon a showing of cause by the city, and shall create no permanent rights of any kind. Each bench or shelter must be removed within fourteen days of written notification. Benches or shelters not moved within the fourteen-day period will be removed by the city at the owner’s expense. Removal expense per bench shall be calculated based on using a two-man crew and one truck for one hour.

2. Newspaper and Ad Stands.

a. Construction. Newspaper and ad stands shall be constructed of durable materials and shall be kept in good repair. Newspaper and ad stands must be securely fastened to a concrete pad either in the park strip or behind the sidewalk to prevent their unauthorized removal. The concrete pad must be repaired, including removal of attachment bolts and repair of all holes after removal. The business name and telephone number of the owner shall be printed on the stand in a conspicuous location.

b. Location and Density. Newspaper and ad stands may be located along dedicated public rights-of-way only at bus stops established by the Utah Transit Authority. All street improvements must be in place and the park strip must measure at least five feet in depth. There shall be no more than three stands per established bus stop. The stand may not be located adjacent to any mailbox, post, pole or monument and shall not impede or interfere with reasonable use of pedestrian traffic, display windows or building entrances or the reasonable use of any fire hydrant, traffic signal box or emergency call box.

c. Advertising. No advertising is allowed on the exterior except a logo or other information identifying the publication.

d. Permit. A temporary sign permit shall be approved and issued by the director of community and economic development or designee prior to the installation of a newspaper or ad stand. A fee shall be paid for said permit for each newspaper or ad stand as provided in Resolution 02/26/02C. The permit shall be valid for one calendar year. A substitution of newspaper or ad stands shall not require the issuance of a new permit or the payment of an additional fee if the newspaper or ad stand is placed in the same location as originally permitted.

e. Revocation and Removal. The issuance of a permit to locate a newspaper or ad stand within the city of Midvale creates only a license, revocable upon a showing of cause by the city, and shall create no permanent rights of any kind. Each newspaper or ad stand must be removed within fourteen days of written notification. Newspaper or ad stands not moved within the fourteen-day period will be removed by the city at the owner’s expense. Removal expense per stand shall be calculated based on using a two-man crew and one truck for one hour. (Ord. 5/1/2007O-5 § 1 (part), 2007; Ord. 3/18/2003O-1 § 1 (part), 2003; Ord. 3-19-2002A § 1(8) (part), 2002: Ord. 11-13-2001 § 2 (part), 2001)

17-7-1.14 Duplex (two-family) overlay (OD) zone.

The duplex overlay zone is intended to provide additional standards for the development of duplexes within the zone district. The duplex overlay zone informs the owners of the standards that will be applied in approving or denying proposed developments. The duplex overlay zone supplements, but does not supersede, other provisions in this title. Owners and designers shall also refer to this code for other specific requirements. The goal of the ordinances of the city is the development of a consistently high quality environment, and to assure and enhance the investments of those located in the zoning district.

A. Boundaries. The requirements of the duplex overlay zone shall apply to all properties within the duplex overlay zone boundaries depicted on the zoning map.

B. Procedures. Applications for duplexes shall be processed as a conditional use, under the criteria listed in Section 17-7-1.10(A).

C. Lot Size Exclusion. For the purpose of promoting owner-occupied residences, a lot complying with the requirements of the underlying zone and falling within the duplex overlay zone may be subdivided to allow for individual ownership of each side of a single family attached structure. In such instance, the duplex structure shall be exempt from the interior side yard setback. (Ord. 11-13-2001 § 2 (part), 2001)

17-7-1.15 Agricultural overlay zone.

The agricultural overlay zone is intended to provide additional standards for the development of agricultural and farm related uses within the district. The agricultural overlay zone informs the owners of the standards that will be applied in approving or denying proposed developments. The agricultural overlay zone does not supersede but rather supplements other provisions in this title, and the specific requirements and parameters included therein shall apply.

A. Boundaries. The requirements of the agricultural overlay zone (AO zone) shall apply to all properties within the agricultural overlay zone boundaries depicted on the zoning map.

B. Specific Conditional Use Criteria. Applications for agricultural and farm related uses shall be processed as a conditional use as described in Section 17-7-1.10(A), with the following specific criteria supplementing the foregoing zone standards:

1. Lot Area. The minimum buildable lot area is seven thousand square feet. The minimum lot area for the keeping of any fowl, poultry, rabbit, chinchilla, or for the raising or grazing of horses, cattle, sheep or goats shall be one acre (forty-three thousand five hundred sixty square feet);

2. Build-To Line. There is no build-to line in the AO zone;

3. Barn. An accessory structure with a building footprint of up to thirteen percent of the lot area is allowed in the AO zone on lots one acre in size or larger to support the husbandry of live animals;

4. Setbacks for Unoccupied Accessory Structures Which Support Agricultural Uses. All accessory structures which support an agricultural use shall be set back a minimum of forty feet from any habitable structure or any property line;

5. Manure Management. The applicant shall submit and shall implement a manure management plan, which shall effectively mitigate the adverse effects on neighbors of animal waste, pests and odor; and

6. Fencing. Electrically charged fencing may be erected in the AO zone; provided, that the fence is located ten feet inside a perimeter fence of six feet in height. (Ord. 5/07/2002B § 1, 2002; Ord. 11-13-2001 § 2 (part), 2001)

17-7-1.16 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. 11-13-2001 § 2 (part), 2001)

17-7-1.17 Camping.

Camping on private property for more than thirty days per year or ten days consecutively is prohibited. (Ord. 3/07/2006O-1 § 1 (part), 2006)