Chapter 17-7-11 HISTORIC COMMERCIAL ZONE (HC)

Chapter 17-7-11
HISTORIC COMMERCIAL ZONE (HC)

Sections:

17-7-11.1 Purpose.

17-7-11.2 Uses.

17-7-11.3 Residential standards.

17-7-11.4 Development standards.

17-7-11.5 Hazardous structure.

17-7-11.6 Architectural standards.

17-7-11.7 Utilities.

17-7-11.8 Conditional use standards of review.

17-7-11.9 Signs.

17-7-11.10 Itinerant merchants.

17-7-11.11 Outdoor lighting standards.

17-7-11.12 Related provisions.

17-7-11.1 Purpose.

The purpose of the historic commercial zone (HC) is to:

A. Allow for new development that is compatible with and contributes to the historic character of Midvale, and facilitates the continuation of the visual character, scale, and streetscape of the original Midvale historical district through use of appropriate building materials, architectural detail, color range, massing, lighting, and landscaping criteria;

B. Plan for a wide range of commercial and retail trades and uses, as well as offices, business and personal services, that contribute to the positive historic character of the city, buffer adjacent residential neighborhoods, and maintain pedestrian access with links to neighborhoods, and other commercial developments;

C. Accentuate new development’s relationship to streets and pedestrian ways;

D. Minimize visual impacts of automobiles and parking on historic buildings and streetscapes;

E. Encourage new development that incorporates historic design elements related to public outdoor space including pedestrian circulation, trails, transit facilities, plazas, pocket parks, and public art; and

F. Encourage the preservation and protection of buildings and related structures of historic and architectural significance so that the character of the buildings will not be lost through expansion or change of commercial or other activity in the city. (Ord. 11-20-2001 § 2 (part), 2001)

17-7-11.2 Uses.

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

Table 17-7-11.2
Uses


Type	Allowed	Administrative	Conditional	Business License
Alcoholic Beverage Class A License Class B License Class C Tavern Restaurant Package Agency Private Club State Liquor Store	X X X X X X		X	X X X X X X X
Animal Hospital			X	X
Assisted Living Facility ≤ 1 acre > 1 acre		X	X	X X
Auditorium, Assembly Hall			X	X
Child Care ≤ 6 children ≥ 7 children	X	X		X X
Commercial Repair Services	X			X
Dwellings Single Family Duplex Multi-Family ≤ 1 acre > 1 acre	X X	X	X
Entertainment Center			X	X
Fences—Single Family/Duplex Uses 6' or less > 6' Fences—Commercial/Mixed Use/Multi-Family Uses	X	X	X
Financial Institution W/o drive up window W/drive up window	X	X		X X
Home Occupation	X			X
Hotel/Motel			X	X
Itinerant Merchant Vending Carts Seasonal Produce Stands	X X			X X
Manufactured Home	X		X
Mixed-Use			X	X
Municipal Facilities Parks Public Safety Facility Public Utilities Minor Major Recreational Facilities Trails		X X X X X	X
Office General Intensive		X	X	X X
Parking Lot Commercial Private	X		X	X X
Pre-Existing Landscaping	X
Pre-Existing Lighting (outdoor)	X
Pre-Existing Lot	X
Pre-Existing Structure	X
Pre-Existing Use	X
Quasi-Public Facilities			X	X
Radio Station	X			X
Recreation Facility, Commercial			X	X
Religious/Educational Institute Permanent Temporary	X		X	X X
Restaurant w/o drive up window	X			X
Retail and Service Commercial W/o drive up window W/drive up window	X	X		X X
Transportation Facility Minor Major	X		X

(Ord. 10/6/2009O-19 § 1 (Att. A) (part), 2009; Ord. 5/5/2009O-8 § 1 (Att. A) (part), 2009; Ord. 8/10/2004O-25 § 1(7) (part), 2004: Ord. 11-20-2001 § 2 (part), 2001)

17-7-11.3 Residential standards.

For single family residential development in this zone, please refer to Chapter 17-7-2. For multifamily residential development in this zone, please refer to Chapter 17-7-4. (Ord. 11-20-2001 § 2 (part), 2001)

17-7-11.4 Development standards.

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

A. Lot Size. No minimum lot size.

B. Setbacks. No setbacks except as required by the International Building Code standards.

C. Height. The maximum height for the zone is forty feet for a sloped roof and thirty-five feet for a flat roof.

D. Sidewalks. Buildings must be located so as to provide an unobstructed sidewalk at least eight feet wide on Main Street. The sidewalk width is measured from the front face of curb to the front of the building. The alignment of new building fronts with adjacent historic fronts is encouraged. A narrower sidewalk may result from the alignment of building fronts. The planning department may grant an exception to the minimum sidewalk width to facilitate such alignment.

E. Clear View of Intersection. No visual obstruction in excess of two feet in height above road grade shall be placed on any corner lot within the site distance triangle. A reasonable number of trees may be allowed, if pruned up to seven feet to permit automobile drivers an unobstructed view. (Ord. 11-20-2001 § 2 (part), 2001)

17-7-11.5 Hazardous structure.

This chapter shall not prohibit the razing of a structure which poses an immediate hazard to human health and safety, nor shall it preclude the ordinary maintenance and repair not otherwise subject to building department regulation. It is the intent of this chapter to preserve structures within the district from deliberate acts or inadvertent neglect. (Ord. 11-20-2001 § 2 (part), 2001)

17-7-11.6 Architectural standards.

All new development must present an attractive streetscape, incorporate architectural and site design elements appropriate to a pedestrian scale, and provide for the safety and convenience of pedestrians and shall comply with each of the following architectural standards:

A. Walls. No more than three materials shall be used for primary wall surfaces. Exterior finishes shall be of traditional, time- and weather-tested techniques. Retaining walls shall be of materials complementary to the building’s materials. Wall colors may range from earth tones to colors with some white and gray. Trim around openings may be accent colors. No other wall colors are allowed. Structures must provide a variety of building setbacks, height, and building form. Setbacks in the facades and stepping upper stories, decks, and balconies are strongly encouraged.

B. Roofs. 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.

C. Openings. Entrances must be pedestrian-scaled and defined with porches, awnings and other similar elements.

D. Fences, Hedges and Walls. For properties with single family residential uses or properties with boundaries directly adjacent to a single family residential zone, please refer to Section 17-7-2.6 for standards that apply to new development of fences, hedges and walls. For properties with commercial, mixed use or multi-family uses, fencing may be allowed with a conditional use permit. Please refer to Section 17-7-11.8, Conditional use standards of review.

E. Lighting. All lights placed on property entrances or on building facades shall be down-directed and shielded to direct light to the entry or pedestrian way. The lighting design shall minimize light trespass. Spotlights and floodlights are prohibited. Up lighting of building facades and landscaping for accentuation purposes is permitted.

F. Upgrading Pre-Existing Lighting. The applicant must bring pre-existing lighting into compliance with this code upon application with the business license department for a change in ownership, change in company name, or new business; in conjunction with an application for a building permit for any alteration, remodel or expansion of any structure on the site; or in conjunction with changes to the approved site plan.

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

Table 17-7-11.6
Architectural Standards
Materials	Configurations	Techniques
Walls
Building Walls: Pre-cast concrete, brick, split face or scored CMU, stone, granite, ceramic tile, architectural metals and non-reflective glass. Limited amounts of stucco/masonite. ≤3 materials shall be used for the primary wall surfaces on a building or fence. Retaining Walls: Shall be of materials and color complementary to the building’s materials.	Traditional, time- and weather-tested materials. Traditional, time- and weather-tested materials	Earth tones, to colors with some white and gray. Earth tones, to colors with some white and gray.
Roofs
Roofs & Dormers: All the roofs and dormer roofs of a building shall be constructed of the same material. Cornices & Trim: Shall be made with a material and color complementary to building.	Slopes of roofs shall be of equal pitch when a gable or hip roof is employed.	Metal roofs must have a subdued color. Painted shingles are prohibited.
Openings
Entry Doors:	Pedestrian-scaled and defined with porches, awnings and other similar elements.
Elements
Miscellaneous: Security devices shall have materials and colors that complement the building’s material. Accessory structures shall be architecturally compatible with the primary development.	Awnings shall not be backlit.	External lights shall be located and used to avoid light trespass.
Yards
Yard Walls & Fences: Shall be of materials and color complementary to the building’s materials.	Max. height on lot is 6’. Max. height from front of primary structure forward is 4’. Max. height in clear view triangle is 3'.	Masonry wall shall be at least 8” thick and capped by a weather protection top course.
Driveways & Parking:		Storage yards shall be screened and have paved surfaces.

(Ord. 10/6/2009O-19 § 1 (Att. A) (part), 2009; Ord. 11-20-2001 § 2 (part), 2001)

17-7-11.7 Utilities.

All utilities within the proposed development shall be buried. The owner shall install conduit within the development’s proposed right-of-way for the eventual burial of overhead utilities throughout the zoning district. If the planning commission finds, upon the review and recommendation of the city engineer, that such installation is not feasible at the time of development, the applicant shall bond for the future installation of said conduit. All underground conduit shall be installed in conformance with city standards as identified in City Construction Standards and Specifications. (Ord. 11-20-2001 § 2 (part), 2001)

17-7-11.8 Conditional use standards of review.

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

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

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

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

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

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

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

6. Sufficient utility capacity;

7. Sufficient emergency vehicle access;

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

9. 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;

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

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

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

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; and

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

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

i. The maximum number of residents shall be:

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

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

ii. A complete application shall include:

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

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

(D) A 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 to the best extent possible.

c. Fences for Commercial, Mixed Use and Multi-Family Developments. Each application for a fence within a commercial, mixed use or multi-family development must comply with the following:

i. The applicant must demonstrate that the fence is an integral part of the development’s design and function.

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

iii. Fences shall be located on private property and entirely within the property lines of the property they are intended to serve. No fence shall extend beyond or across a property line, unless there is a recorded agreement with the abutting property owner. No fence may be placed nearer than six inches to any public sidewalk. A survey and site plan shall be provided to show the proposed fence location.

iv. Only one fence or wall shall be allowed per property line. Double fences, walls or a combination thereof are prohibited.

v. Fences shall be designed to promote natural surveillance through properties for crime prevention. Solid fences are discouraged in most areas, unless the applicant can demonstrate a solid fence is in the best interest of the community.

vi. Fences shall not be constructed in such a manner as to prohibit emergency vehicle access, pedestrian access, standard size parking spaces and drive aisle widths, and adequate circulation for pedestrians and vehicles.

vii. Fences shall not create pedestrian or vehicular access issues for abutting properties and uses.

viii. Clear view areas shall be maintained at all intersections and driveways.

ix. Fences shall meet the requirements of the National Building Code.

x. Fences used solely for the screening of dumpsters and building mechanical equipment are allowed. Temporary fencing on a construction site is allowed during the period of construction.

2. Administrative Conditional Use.

a. Outdoor Dining. Outdoor dining is permitted subject to the following criteria:

i. The proposed seating area is located on private property or leased public property and does not diminish parking or landscaping.

ii. The proposed seating area does not impede pedestrian circulation.

iii. The proposed seating area does not impede emergency access or circulation.

iv. The proposed furniture is compatible with the streetscape.

v. No music or noise is in excess of the city noise ordinance, Section 8.01.070 of the city of Midvale Municipal Code.

vi. No use after ten-thirty p.m.

b. Fences Greater Than Six Feet in Height. Each application for a fence greater than six feet in height must comply with the following:

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

iii. Fences shall comply with all requirements for fences less than or equal to six feet in height with regard to location and construction. (Ord. 10/6/2009O-19 § 1 (Att. A) (part), 2009; Ord. 7/11/2006O-10 § 1 (Exh. A) (part), 2006; Ord. 11-20-2001 § 2 (part), 2001)

17-7-11.9 Signs.

If a regulated sign type is not specifically designated, then it is prohibited. Only two sign types are permitted per building unless specifically approved by the planning commission through the conditional use review process. Signage shall be considered an integral component of the historic commercial district in promoting the pedestrian-oriented nature of the development and shall be considered, in part, with development layout and building design. The design and placement of signs within the district shall be predominantly pedestrian-oriented and compatible with the proposed structures and uses. It is encouraged that an overall sign plan be created for the area that blends the various sign types allowed.

Table 17-7-11.9
Signs
Sign Type	Max. Area	Max. Height	General Restrictions
A-frame	6 s.f.	4'	One per ground level tenant. Must not impede pedestrian movement.
Awning/ Canopy	5% of wall surface; 80% of width	80% of vertical drip	Constructed of canvas-like materials or architectural metal. Design and color to relate to storefront. May extend 5' from facade at least 8' above sidewalk.
Campaign	32 s.f.	6'	Removed within 15 days from final voting day. 3' max. height in clear view triangle.
Changeable Copy	25% of sign		Changeable copy signs may be wall or monument signs. One changeable copy sign/business location.
Construction	32 s.f.	12'	Removed prior to certificate of occupancy.
Flat or Wall (Includes Window)	Sign 1: 15% of wall surface; Signs 2—3: combined signage 5% of wall surface		Must be attached to main building. All signs attached to the facade, including awning signs, window signs, and wall signs, determine sign area.
Monument	32 s.f.	6' (total)	At least 1 foot of pedestal. May be placed on berm, w/ top of sign ≤ 9'; 3' max. height in clear view triangle; ≥ 3' from sidewalk.
Name Plate	3 s.f.	n/a	Must be attached to main structure.
Projecting	12 s.f.	Min. 8' above sidewalk	May extend up to four feet from facade.
Real Estate	32 s.f.	12'	3' max. height in sight distance triangle.
Suspended	1 s.f. per each linear foot of building facade. Max 60 s.f.		At least 8' above sidewalk.
Temporary			See text.
Window	25% of window area		See text.

A. Flat/Wall Signs.

1. Up to three building walls may be used for flat or wall signage. The maximum sign area shall be fifteen percent of the wall surface of the front of the building, five percent for the side, and five percent for the back or side. The following four types of wall signs are allowed; all others are prohibited:

a. An externally illuminated aluminum sign panel with cut out and/or channel letters illuminated by a specified cut-off floodlight fixture mounted to the building.

b. An internally illuminated aluminum sign panel with cut out and/or reverse channel letters illuminated by neon tubes or fluorescent lamps behind the sign panel and/or letters.

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

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

2. Subject to the wall sign area and type restrictions found herein, businesses that lack suitable wall area upon which to mount a flat or wall sign may instead place the sign on a gabled roof so long as the sign does not project above the roof line. For the purposes of this section, a building elevation that qualifies under this subsection is a side of a standalone structure with less than one hundred feet of wall area.

B. Awning/Canopy Signs. All awnings and canopies shall be constructed of a canvas-like material or architectural metal. The design and color shall relate to the storefront design. No awning or canopy sign may extend more than five feet over the sidewalk and shall be at least eight feet above the sidewalk. Awnings and canopies that are utilized for signage shall use contrasting letters that are painted, applied or sewn onto the vertical drip or panel of the awning or canopy. The maximum sign area of an awning/canopy sign is the greater of sixteen square feet or five percent of the area of the wall to which it is attached. Letters shall not occupy more than eighty percent of the width or the height of the vertical drip or panel. The sign area used for a canopy sign shall be included in any calculation of wall sign area.

C. Projecting Signs. One projecting sign may be attached to the building perpendicular to the facade facing the sidewalk per ground level tenant space. A projecting sign shall be made of a rigid material with the bracket and sign panel relating to the storefront design. Projecting signs may not exceed twelve square feet in size, project more than four feet from the facade, and must be at least eight feet above the sidewalk.

D. Door/Window Signs. Door and window signs are permitted as follows:

1. Lettering and logos may be applied directly onto storefront windows. This includes white gold leaf, applied vinyl, painted, etched or sandblasted.

2. Retail, service and restaurant establishments are permitted to use window-mounted signs advertising current sales or specials, subject to applicable sign area restrictions, so long as they do not disrupt the visibility from employee stations to the parking area or of law enforcement personnel into the business.

3. One neon or LED sign may be mounted in each window subject to applicable sign area restrictions. One electric changeable copy sign is permitted per business subject to applicable safety and sign area restrictions and best practices. Signs that make use of crawling or flashing copy or text, or simulate traffic signs or traffic messages are prohibited.

4. The total area of window signs (including lettering and logos) shall not exceed twenty-five percent of the window area on which it is located.

5. Storefront windows and doors shall be limited to a maximum of two square feet of coverage with stickers, credit card decals, hours of operation, etc.

6. There may be one window sign listing the names of second floor tenants near street level entrances. This sign shall not exceed six square feet and is not to be included in the twenty-five percent allowance.

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

F. Monument Signs. A monument sign is only allowed to identify projects that encompass a minimum of one and one-half acres, and not individual stores or tenants. One monument sign may be allowed per project. A monument sign shall not exceed thirty-two square feet or six feet in height, and shall be located in a landscaped area associated with a project entry or focal point. The sign may be located on a berm provided the top of the sign does not exceed nine feet in height above finished grade. Monument signs shall not be constructed within the clear view area and shall be set back at least three feet from a public sidewalk and property lines.

G. A-Frame Signs. One freestanding A-frame signboard per ground level tenant may be placed on the sidewalk which is at least ten feet in width, provided the sign does not interfere with pedestrian movement. The signboard copy space shall not exceed three feet in height and two feet in width with a maximum sign height of four feet.

H. Clearance and Setbacks. The following standards apply:

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

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

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

4. All monument signs shall be a minimum of three feet from a public sidewalk or property line.

I. Temporary Signs. The following provisions regulate the use of temporary signs. If a temporary sign type is not specifically designated, it is prohibited.

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

2. Banner Signs. One banner sign attached in a temporary manner is allowed per primary building wall or on-site fence/wall. Banners may not exceed forty-eight square feet, and must be mounted flush on the wall or fence with all corners securely fastened to the wall or fence. Banners must be kept in a good condition at all times, i.e., tattered, torn, or faded banners must be removed. A temporary sign permit is not required. A banner may not be used as primary signage for a business for more than three months from the business opening.

3. Grand Opening Events Signs. Promotional signage, such as pennants, streamers, banners, balloon signs, and inflated sign displays, may be used for grand opening events for new businesses. Such promotional signage must be initiated within the first three months of a new business receiving a certificate of occupancy, and may be used for a maximum of thirty consecutive days. Said signs shall be used in such a manner so as not to constitute a safety hazard. A temporary sign permit shall be required. Promotional signage shall not include illuminated signs or devices.

J. 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. 11/23/2004O-34 § 1(2) (part), 2004; Ord. 10/28/2003O-11 §§ 1(2, 4) (part), 2003; Ord. 3/18/2003 O-1 § 1 (part), 2003; Ord. 3-19-2002A § 1(8) (part), 2002: Ord. 11-20-2001 § 2 (part), 2001)

17-7-11.10 Itinerant merchants.

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

A. General Itinerant Merchant Criteria.

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

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

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

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

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

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

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

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

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

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

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

12. Business License. All requirements of Chapter 5.14 of the Midvale Municipal Code shall be met.

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

B. Specific Itinerant Merchant Criteria.

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

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

b. The vending cart must be located a minimum of thirty feet from a single-family residential zone.

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

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

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

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

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

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

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

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

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

2. Seasonal Food Stand. Each business license application for a seasonal food cart must comply with the following:

a. There shall be a minimum separation of six hundred sixty feet between all food stand locations. This separation shall be measured as a radius in all directions, with the food stand location being the center point.

b. A food stand shall not be located within two hundred feet of the primary public entrance of an existing restaurant use.

c. A minimum of two on-site parking stalls are required for the food stand use. One of these stalls shall be dedicated for the use of the itinerant merchant’s patrons and the other for a business employee.

d. The food stand must be a temporary structure with all wheels, trailers and hitches removed.

e. The maximum size of a food stand structure shall be five feet by eight feet. The food stand must include four walls and a roof. It shall be constructed of surface materials that are smooth, easily cleanable, corrosion resistant, nontoxic, stable and constructed in accordance with the Salt Lake Valley health department regulations.

f. The vendor shall be limited to one outdoor storage bin (the bin shall not exceed fifteen square feet in size) and one trash receptacle external to the food stand. All other freestanding devices, i.e., signs, propane tanks, tables, racks, customer seating, overhead structures (i.e., tarps, awnings, umbrellas, enclosures, canopy extensions), etc., are prohibited.

g. Food stands are for walk-up traffic only; drive-up window service is prohibited.

h. Signage shall be attached to the food stand and occupy no more than ten square feet. Signs shall not be internally illuminated or make use of flashing or intermittent lighting or animation devices. Pennants, streamers, lawn banners and other temporary signs are prohibited.

i. A portable fire extinguisher, Type 2A-10 BC minimum, must be mounted within easy reach on the food stand.

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

k. Seasonal food stands can be operated between May 1st and September 30th each year. The temporary structure must be removed from the site by September 30th and cannot be put on the site before May 1st.

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

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

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

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

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

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

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

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

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

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

i. The business shall not be conducted before ten a.m. and after ten p.m. (Ord. 11/10/2009O-20 § 1 (Att. A) (part), 2009; Ord. 5/5/2009O-8 § 1 (Att. A) (part), 2009: Ord. 5/16/2006O-5 § 1 (part), 2006: Ord. 11-20-2001 § 2 (part), 2001)

17-7-11.11 Outdoor lighting standards.

High-pressure sodium or metal halide light sources are the only allowed light sources for outdoor lighting. Light levels should be designed with minimum light trespass off-site by using a cut-off luminaire that is fully or partially shielded with little or no light distributed above the horizontal plane of the luminaire, or other best practices that are available.

A. Maximum Light Distribution. For uniformity in lighting and prevention of shadows, a four to one (4:1) uniformity ratio shall occur over the site, excluding canopy areas and main building entrances. The maximum allowed average horizontal luminance level and light source shall be as noted in the following table.


Use	Maximum Average Footcandle	Light Source
Building Entrance	5 f.c.	Metal halide or high pressure sodium
Canopies	20 f.c.	Metal halide or high pressure sodium
Retail Car Lots	Front row 10 f.c. or less 2 f.c. average over site 50% reduction in light levels between midnight and sunrise	Metal halide or high pressure sodium
Commercial Uses	2 f.c.	Metal halide or high pressure sodium
Historic Districts	2 f.c.	High pressure sodium
Residential	1 f.c.	150 watt high pressure sodium on 15' poles @ 250' spacing
T.O.D. and Mixed Use	2 f.c.	Metal halide in parking areas, high pressure sodium for all other

B. Pole Height/Design/Height. Luminaire mounting height is measured from the parking lot or driveway surface, and may range from twenty feet to thirty-five feet, based on:

1. Review of the site plan;

2. Proposed land uses;

3. Surrounding land uses;

4. Parking area size;

5. Building mass;

6. Location of the site with respect to other lighting sources;

7. Impacts on the adjacent properties;

8. Topography of site; and

9. Other site features.

C. Large Parking Areas. Poles higher than twenty feet are appropriate only for parking areas exceeding two hundred stalls and not in close proximity to residential areas.

D. Design Standards.

1. If metal fixtures or poles are used, they should be black or dark brown;

2. The base of the pole shall be treated with paint, stain, stucco or another form of decorative cover. All attempts shall be made to place the base of light poles within landscape areas;

3. Wall-mounted lighting fixtures may not exceed eighteen feet in height; and

4. Lighting located along pedestrian pathways or in areas primarily dedicated to human activity may not exceed twelve feet in height.

E. Submission Requirements. An application for development with outdoor lighting must contain the following:

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

2. Description of illuminating devices, fixtures, lamps, supports, reflectors, and other devices, that may include, but are not limited to, manufacturer catalog cuts and drawings, including section where required; and

3. Photometric data, such as that furnished by manufacturers or similar showing the angle of the cut-off or light emission. A point-by-point light plan may be required to determine the adequacy of the lighting over the site.

F. Upgrading Pre-Existing Lighting. The applicant must bring pre-existing lighting into compliance with this code upon application with the business license department for a change in ownership, new business in a stand-alone structure or in a multi-tenant structure in which the new business utilizes more than fifty percent of the building square footage on the site, in conjunction with an application for a building permit for any alteration, remodel or expansion of any structure on the site, or in conjunction with changes to the approved site plan. (Ord. 8/10/2004O-25 § 1(4), 2004)

17-7-11.12 Related provisions.

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

B. Title 16, Subdivisions;

C. Chapter 17-2, Definitions;

D. Chapter 17-3, Administration and Enforcement. (Ord. 11-20-2001 § 2 (part), 2001. Formerly 17-7-11.11.)