Chapter 17-7-4 MULTIFAMILY RESIDENTIAL—MEDIUM TO HIGH DENSITY ZONE (RM-25)

Chapter 17-7-4
MULTIFAMILY RESIDENTIAL—MEDIUM TO HIGH DENSITY ZONE (RM-25)

Sections:

17-7-4.1 Purpose.

17-7-4.2 Use table.

17-7-4.3 Lot standards.

17-7-4.4 Development standards.

17-7-4.5 Architectural standards.

17-7-4.6 Landscaping.

17-7-4.7 Parking.

17-7-4.8 Accessory structures (unoccupied).

17-7-4.9 Master planned development.

17-7-4.10 Conditional use standards of review.

17-7-4.11 Home occupation standards.

17-7-4.12 Signs.

17-7-4.13 Related provisions.

17-7-4.1 Purpose.

The purpose of this chapter is to allow for high density residential neighborhoods, with residential density up to twenty-five dwelling units per acre, and to:

A. Provide opportunities for variations in architectural design and housing types including multiple unit living where full amenities are available;

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

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

17-7-4.2 Use table.

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

Table 17-7-4.2
Uses
Type	Allowed	Administrative	Conditional	Business License
Accessory Apartment in Single Family		X
Accessory Structure—Occupied, Single Family use only			X
Accessory Structure, Unoccupied	X
Assisted Living Facility, Group Home			X	X
Child Care Center: 6 children or less Facility: 7 to 12 children		X	X	X X
Disabled Care Facility			X	X
Dwellings: Single Family Duplex Multi-Family: One-half to one acre Over one acre	X X	X	X
Fence	X
Home Occupation	X			X
Kennel, Private		X
Manufactured Home	X
Master Planned Development			X
Municipal Facilities: Animal Shelter Cemeteries Parks Public Safety Facility Public Utilities: Minor Major Recreational Facilities Trails	X X	X X X	X X X
Neighborhood Commercial			X	X
Personal Athletic Facility		X
Pre-Existing Landscaping	X
Pre-Existing Lighting	X
Pre-Existing Lot	X
Pre-Existing Structure	X
Quasi-Public Facilities: Hospital Schools, Private			X X	X X
Radio Station			X
Religious/Educational Institute: Permanent Temporary	X		X	X X
Telecommunications Facility <35' in height		X

(Ord. 5/07/2002A § 1 (part), 2002; Ord. 11-13-2001 § 2 (part), 2001)

17-7-4.3 Lot standards.

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

A. Lot Area. The minimum lot area for each of the following uses is:

1. Single Family. The minimum lot area for a single family residence is five thousand square feet.

2. Duplex. The minimum lot area for each duplex residence is six thousand square feet. For the purpose of promoting owner-occupied residences, a lot complying with the requirements of this zone may be subdivided to allow for individual ownership of each side of a single family attached structure.

3. Multifamily. The minimum lot area for any new multifamily development is one-half acre (twenty-one thousand seven hundred eighty square feet). Additionally, each multifamily lot must have three thousand square feet for the first dwelling unit and one thousand six hundred ninety square feet for each additional dwelling unit.

B. Lot Width. The minimum lot width for each of the following uses is:

1. Single Family. The minimum lot width for a single family residence is fifty feet, measured at the front setback line.

2. Duplex. The minimum lot width for each duplex is sixty feet.

3. Multifamily. The minimum lot width for each multifamily structure is thirty feet for each dwelling unit footprint along the build-to line, unless the lot is on the curve of a cul-de-sac, in which case the minimum lot frontage is twenty feet per dwelling unit.

4. Corner Lots. Corner lots must meet the minimum lot width from both street frontages.

C. Lot Frontage. The minimum lot frontage for each of the following uses is:

1. Single Family. The minimum lot width for a single family detached residence is fifty feet, unless the lot is on the curve of a cul-de-sac, in which case the minimum lot frontage is thirty-five feet.

2. Duplex. The minimum lot width for each duplex is sixty feet, unless the lot is on the curve of a cul-de-sac, in which case the minimum lot frontage is forty feet.

3. Multifamily. The minimum lot frontage for a multifamily, stacked structure use is thirty feet for each dwelling unit footprint along the build-to line, unless the lot is on the curve of a cul-de-sac, in which case the minimum lot frontage is twenty feet per dwelling unit.

D. Lot Depth. The minimum lot depth is one hundred feet, unless the lot width exceeds one hundred fifty percent of the minimum lot width for the proposed use, in which case the minimum lot depth is eighty feet. Corner lots must meet the minimum lot depth from both street frontages.

E. Lot Coverage By Buildings. For new multifamily development, the maximum lot coverage by buildings is forty-five percent of the lot area. (Ord. 5/20/2003O-5 § 1 (part), 2003; Ord. 11-13-2001 § 2 (part), 2001)

17-7-4.4 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 twenty-five feet, unless fifty percent or more of the lots on the block are developed with a front yard setback of twenty feet, in which case the front yard setback is 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. Driveway and Sidewalks. A driveway width of up to twenty feet and a sidewalk width of up to six feet may occupy the front yard.

2. Side. The minimum side yard setback is ten 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. Duplex. Duplex residences may encroach into the interior side yard to accommodate a subdivision of the duplex residences.

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

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

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

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

d. Impervious Surfaces. For new multifamily development, a maximum of forty percent of the rear yard may be an impervious surface.

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 single family or duplex development on cul-de-sac lots.

C. Height. The maximum height for the zone is forty-two feet to the midpoint of a sloped roof and thirty-six feet to the cornice of a flat roof. If a structure is constructed on a lot within fifty feet of a single family zoning district, the maximum height shall be thirty-five feet to the midpoint for sloped roofs and thirty feet to the cornice for flat roofs.

D. Floor and Deck Height. The following floor and deck heights apply to all structures within the zone:

1. Main Floor. The main floor of all residential units shall be no less than two and one-half feet above finished exterior grade.

2. Basement Floor. The basement floor of all residential units shall be no closer than four feet to finished exterior grade.

E. Stories. All building types must be from one to four stories.

F. Proximity. There shall be a minimum separation of ten feet between all habitable one-story structures, fourteen feet between two-story structures, and eighteen feet between all three-story structures. (Ord. 11-13-2001 § 2 (part), 2001)

Table 17-7-4.4
Lot and Development Standards
Building Type		Lot Area	Lot Width	Lot Depth	Frontage	Impervious Surface/ Coverage	Setbacks Front/Side/Rear	Build-To Line	Height
Single Family	Standards	5,000'	50'	100'	55'	Driveway: 20' (or 40% frontage) plus add’l 10' behind sidewalk 6' sidewalk	25'/10'/20'	25' ≥ 50% of front elev. must be w/i 3' BTL	42' midpoint 36' cornice
Single Family	Exceptions	No	No	≥ 80' if lot width ≥ 75'	Cul-de-sac curve min. frontage 35'	No	FY: 20' if 50% block = 20' Projection ≤ 2.5' S/R: stairs, balconies ≤ 3' Corner 2 FY	Cul-de-sac lots	35' next to single family zone
Duplex	Standards	6,000'	60'	100'	60'	20' driveway 6' sidewalk	25'/10'/20'	25' ≥ 50% of front elev. must be w/i 3' of BTL	42' midpoint 36' cornice
Duplex	Exceptions	See text	See text	≥ 80' if lot width ≥ 75'	Cul-de-sac curve min. frontage 40'	No	FY: 20' if 50% block = 20' Projection ≤ 2.5' S/R: stairs and balconies ≤ 3' Interior Side/ 0 Corner 2 FY	Cul-de-sac lots	35' next to single family zone
Multi-Family	Standards	21,780' min. 3,000'/ 1st D.U. 1,690'/ D.U.	30'/ ftprnt on BTL	100'	20'/ftprnt on BTL	Coverage 60%	25'/10'/20'	25'≥ 50% of front elev. must be w/i 3' of BTL	42' midpoint 36' cornice
Multi-Family	Exceptions	No	No	≥ 80' if lot width ≥ 75'	Cul-de-sac curve min. frontage 20'/D.U.	No	FY: 20' if 50% block = 20' Projection ≤ 2.5' S/R: stairs, balconies ≤ 3' Interior Side/ 0 Corner 2 FY	Interior MPD development	35' to midpoint 30' to cornice next to SF zone

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

17-7-4.5 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. All new development of single family and duplex dwellings shall comply with subsections D and E of this section. All new development of multifamily dwellings shall comply with each of the following architectural standards:

A. Walls. All exterior walls of all structures shall be constructed in compliance with the following:

1. Building/Retaining Walls. 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. Retaining walls shall be of materials complementary to the building’s materials.

2. Colors. 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.

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. The following standards apply to openings of all structures:

1. Entry Doors. Entry doors must face the front yard or, if located on the building side, must be placed within three feet of the front facade. Entry doors must be covered by a roof and must be a primary element of the front of the structure.

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

D. Fences, Hedges and Walls. The following standards apply to new development of fences, hedges and walls:

1. Required Setbacks. A fence, hedge, wall, column, pier, post, or any similar structure or any combination of such structures is permitted in the required setback if it meets the following conditions:

a. 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;

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

c. 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

d. 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.

e. 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.

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

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

ii. 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.

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

iv. 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.

2. 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:

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

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

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

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

3. 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.

4. 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.

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. This does not prohibit the use of decorative landscape lighting when approved as part of a professionally produced landscape plan.

F. 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, 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 17-7-4.5
Architectural Standards
Materials	Configurations	Techniques
Walls
Building Walls: ≤ 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 and techniques. Traditional, time- and weather-tested materials and techniques.	Earth tones to colors with some white and gray. Trim around openings may be in an accent color. Earth tones to colors with some white and gray. Trim around openings may be in an accent color.
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: Windows:	Must face front yard or be placed within 3' of the front. Bay windows shall have 3—5 sides.	Must be covered by a roof and must be a primary element of the front of the structure.
Elements
Entry Porches: Front steps shall be constructed of durable materials.
Miscellaneous: Security devices shall have materials and colors that complement the building’s material. Accessory structures shall be architecturally compatible with the primary development.	Satellite dishes over 12'' shall not be placed in front yards. 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 from front of primary structure forward is 4'. Max. height in clear view triangle is 3'. Max. height on lot is 6'.	When a masonry wall is constructed, it shall be at least 8'' in thickness and be capped by a top course suitable for weather protection.

(Ord. 2011-03 § 1 (Att. A) (part); Ord. 11-13-2001 § 2 (part), 2001)

17-7-4.6 Landscaping.

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

A. Single Family and Duplex Required Landscaping/Vegetation Protection.

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. Enforcement. Follow-up inspections and enforcement activities will be through the city’s code enforcement ACE program.

B. Multifamily Required Landscaping. All required landscaping shall be installed as a condition precedent to receiving a certificate of occupancy unless seasonal conditions make installation unfeasible, in which case the applicant shall provide cash security or its approved alternative for all landscaping, which landscaping shall be installed by the following May 31st.

1. Minimum Landscaped Area. The applicant shall landscape twenty percent of the interior of the proposed development area. Landscaped areas shall not be less than five feet wide. Building foundation landscaping is not interior landscaping. The applicant must landscape a minimum of ten feet between the side yard and the abutting property line when the side or rear yards are in public view.

2. Building Foundation Landscaping. The ground adjacent to the building foundation must be landscaped if it is visible from public vantage points.

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

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

b. Size of Trees. The following standards apply to the use of plant and tree material:

i. Deciduous Trees. All deciduous trees shall have a minimum caliper size of two inches.

ii. Ornamental Trees. All ornamental trees shall have a minimum caliper size of one and one-half inches.

iii. Evergreen Trees. All evergreen trees shall have a minimum height of six feet.

4. Criteria for Reduced Landscaping. To encourage design excellence, the community and economic development director may decrease the minimum landscaped area, upon the following criteria:

a. Professionally designed landscaping, designs of special merit, xeriscaping and preserving existing mature, “healthy,” and desirable tree species are highly encouraged and considered in an applicant’s request to reduce required landscaping.

b. The community and economic development director may grant a reduction of an applicant’s landscape requirement by a total of up to twenty-five percent upon an applicant’s demonstration of the criteria listed below:

i. Professionally Designed Landscaping. Up to ten percent if the applicant implements a landscaping plan designed and prepared by a licensed landscape architect.

ii. Landscape Designs of Special Merit. Up to twenty percent if the overall landscape design is of special design merit. Special design merit is interpreted to include but not be limited to such things as utilizing unique or rare plant species, civic art such as sculpture, and features using recycled water.

iii. Existing Mature Trees. Up to twenty-five percent if the applicant proposes to save and integrate existing mature trees into required landscape areas. For each tree greater than two inches of caliper size, one-half of one percent of the total landscaped area requirement can be subtracted with a maximum of five percent for each tree.

iv. Berms. Up to ten percent through the use of berms according to the following specifications. For parking lots adjacent to any public right-of-way, seventy percent of the street-side landscaping requirement shall be in the form of a berm for screening. The berm shall have a slope of one to four (one foot high per four feet wide) with a maximum height of four feet.

5. Irrigation/Planting Plan. The applicant must submit a landscape plan documentation package. The landscape documentation package shall be submitted to and approved by the city prior to the issue of any permit. A copy of the approved landscaped documentation package shall be provided to the property owner or site manager. The landscape plan documentation package shall consist of the following items:

a. Documentation.

i. Project Data Sheet. The project data sheet shall contain the following:

(A) Project name and address;

(B) Applicant or applicant’s agent’s name, address, phone and fax number;

(D) Landscape contractor’s name, address, phone and fax number, if known.

ii. Planting Plan. A detailed planting plan shall be drawn at a scale that clearly identifies the following:

(A) Location of all plant materials, a legend with botanical and common names, and size of plant materials;

(B) Property lines and street names;

(D) Existing trees and plant materials to be removed or retained;

(E) Designation of landscape zones; and

(F) Details and specification for tree staking (trees less than a two-inch caliper must be double staked until the trees mature to two-inch caliper), soil preparation, and other planting work.

iii. Irrigation Plan. A detailed irrigation plan shall be drawn at the same scale as the planting plan and shall contain the following information:

(A) Layout of the irrigation system and a legend summarizing the type and size of all components of the system;

(B) Static water pressure in pounds per square inch (psi) at the point of connection to the public water supply;

(C) Flow rate in gallons per minute and design operating pressure in psi for each valve and precipitation rate in inches per hour for each valve with sprinklers; and

(D) Installation details for irrigation components.

iv. Grading Plan. A grading plan shall be drawn at the same scale as the planting plan and shall contain the following information:

(A) Property lines and street names, existing and proposed buildings, walls, fences, utilities, paved areas and other site improvements; and

(B) Existing and finished contour lines and spot elevations as necessary for the proposed site improvements.

b. Landscape Design Standards.

i. Plant Selection. Plants selected for landscape areas shall consist of plants that are well suited to the microclimate and soil conditions at the project site. Plants with similar water needs shall be grouped together as much as possible. For projects located at the interface between urban areas and natural open space (nonirrigated), extra-drought tolerant plants shall be selected that will blend with the native vegetation and are fire resistant or fire retardant. Plants with low fuel volume or high moisture content shall be emphasized. Plants that tend to accumulate excessive amount of dead wood or debris shall be avoided. Areas with slopes greater than thirty-three percent shall be landscaped with deep-rooting, water-conserving plants for erosion control and soil stabilization. Parking strips and other landscaped areas less than four feet wide shall be landscaped with water-conserving plants.

ii. Mulch. After completion of all planting, all irrigated nonturf areas shall be covered with a minimum four-inch layer of mulch to retain water, inhibit weed growth, and moderate soil temperature. Nonporous material shall not be placed under the mulch.

iii. Soil Preparation. Soil preparation will be suitable to provide healthy growing conditions for the plants and to encourage water infiltration and penetration. Soil preparation shall include scarifying the soil to a minimum depth of six inches and amending the soil with organic material as per specific recommendations of the landscape designer based on the soil conditions.

iv. Turfgrass. Turf areas shall be on a separate irrigation zone from other landscape zones.

v. Trees. Trees less than a two-inch caliper must be double staked until the trees mature to a two-inch caliper.

c. Irrigation Design Standards.

i. Pressure Regulation. A pressure-regulating valve shall be installed and maintained by the consumer if the static service pressure exceeds eighty pounds per square inch (psi). The pressure-regulating valve shall be located between the meter and the first point of water use, or first point of division in the pipe, and shall be set at the manufacturer’s recommended pressure for the sprinklers.

ii. Automatic Controller. All irrigation systems shall include an electric automatic controller with multiple program and multiple repeat cycle capabilities and a flexible calendar program. All controllers shall be equipped with an automatic rain shut-off device, and the ability to adjust run times based on a percentage of maximum Eto.

iii. On slopes exceeding thirty-three percent, the irrigation system shall consist of drip emitters, bubblers or sprinklers with a maximum precipitation rate of 0.85 inches per hour and adjusted sprinkler cycle times to eliminate runoff.

iv. Each valve shall irrigate a landscape with similar site, slope and soil conditions and plant materials with similar watering needs. Turf and nonturf areas shall be irrigated on separate valve. Drip emitters and sprinklers shall be placed on separate valves.

v. Drip emitters or a bubbler shall be provided for each tree unless located in a turf area. Bubblers shall not exceed one and one-half gallons per minute per device. Bubblers for trees shall be placed on a separate valve unless specifically exempted by the city due to the limited number of trees on the project site.

vi. Sprinklers shall have matched precipitation rates with each control valve circuit.

vii. Check valves shall be required where elevation differences will cause low-head drainage. Pressure compensating valves and sprinklers shall be required where a significant variation in water pressure will occur within the irrigation system due to elevation differences.

viii. Filters and end flush valves shall be provided as necessary for drip irrigation lines.

ix. Valves with spray or stream sprinklers shall be scheduled to operate between six p.m. and ten a.m. to reduce water loss from wind and evaporation.

x. Program valves for multiple repeat cycles where necessary to reduce runoff, particularly on slopes and soils with slow infiltration rates.

xi. Spacing of irrigation heads shall not exceed fifty-five percent of coverage diameter.

d. Plan Review and Construction Inspection.

i. As part of the site plan approval process, a copy of the landscape plan documentation package shall be submitted to the city for review and approval.

ii. Following construction and prior to issuing the approval for occupancy, an inspection shall be scheduled with the planning department to verify compliance with the approved landscape plans.

iii. The city reserves the right to perform site inspections at any time before, during or after the irrigation system and landscape installation, and to require corrective measures if requirements of this ordinance are not satisfied.

6. Vegetation Protection. The property owner must protect existing significant vegetation during any development activity. Development plans must show all significant vegetation within twenty feet of a proposed development. Prior to certificate of occupancy, the property owner must demonstrate the health and viability of all large trees through a certified arborist.

7. Removal. No landscaping may be removed without replacement of equal or better quality. This shall include the installation of healthy plant materials as well as a tree for tree replacement as governed by this section.

8. Enforcement. Failure to maintain required landscaping in a condition substantially similar to its original approved condition or alteration of any buffer without prior approval of the community and economic development department shall be a violation of this title and shall be a class B misdemeanor. (Ord. 6/20/2006O-8 § 1 (part), 2006: Ord. 12/03/2002A § 1 (part), 2002; Ord. 11-13-2001 § 2 (part), 2001)

17-7-4.7 Parking.

An applicant shall propose on-site parking as follows.

Table 17-7-4.7
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
Duplex Structure	2 spaces per dwelling unit
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 their potential for shared parking
Multifamily Developments	1.5 spaces per 1 bedroom unit; 2 spaces per 2 bedroom unit; 2.5 spaces per 3 bedroom unit and greater; plus 1 space per every 4 units for guest 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	2 spaces per dwelling unit

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

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

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

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

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

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

iii. Parking areas with over fifteen spaces shall provide landscaped islands at the end of each parking row, an island for every fifteen spaces, and landscaped area that separates parking spaces from any building facade that is visible from a public right-of-way.

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

a. No driveway shall be less than fifty feet from any intersecting right-of-way;

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

c. Single Family. The minimum driveway width for a single family use is ten feet. The maximum driveway width for a single family detached use is twenty feet or forty percent of the lot frontage, whichever is greater;

d. Duplex/Multifamily. The following standards apply to new development of duplex and multifamily uses:

i. Shared Drive for Two Units. The minimum driveway width for a duplex use shared by two units is twelve feet. The maximum driveway width for a single family detached use shared by two units is twenty feet or forty percent of the lot frontage, whichever is greater;

ii. Shared Drive for Three or More Units. The minimum driveway width for three or more units are as follows:

(A) One-Way Drive. The minimum one-way drive width is fifteen feet. The maximum one-way drive width is twenty feet.

(B) Two-Way Drive. The minimum two-way drive width is twenty feet. The maximum two-way drive width is twenty-four feet.

D. Parking Garages and Structures. Parking within a fully enclosed parking structure requires:

1. Aisle. A minimum aisle width of twenty-four feet;

2. Circulation. Circulation designed to ensure that each required parking space is readily accessible, usable and safe for automobiles and pedestrians. (Ord. 6/20/2006O-8 § 1 (part), 2006: Ord. 3-19-2002A § 1(5) (part), 2002; Ord. 11-13-2001 § 2 (part), 2001)

17-7-4.8 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)

17-7-4.9 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, common open space, mitigation of adverse impacts, 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 commitment to develop a minimum of ninety percent of the zone density;

6. 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

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

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

4. 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

5. 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)

17-7-4.10 Conditional use standards of review.

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

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

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

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

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

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

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

6. Sufficient utility capacity;

7. Sufficient emergency vehicle access;

8. Location and design of off-street parking as well as compliance with off-street parking standards provided for in Section 17-7-4.7;

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

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

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

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

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

1. Conditional Use.

a. Child Care Facility/Center. Each application for a 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; 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 17-7-4.7.

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 accessory structure is one thousand three hundred square feet, of which six hundred square feet may be intended for human occupancy. The maximum footprint of an accessory structure is nine hundred square feet.

d. Neighborhood Commercial Uses. Each application for a neighborhood commercial use shall demonstrate that the proposed use:

i. Is pedestrian oriented and shall primarily serve the neighborhood 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. Is architecturally compatible with the underlying zone;

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

vii. Includes no outdoor storage nor an outdoor display of merchandise, but may include outdoor dining;

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 the foregoing, which covenant shall run with the conditional use permit.

e. Multifamily Development. Each application for a multifamily use, which exceeds one acre in total land area, shall include:

i. Pedestrian connections, i.e., sidewalks and trails, which link dwelling units with open space and with existing abutting public trails;

ii. Forty percent of the lot developed as active, improved open space; and

iii. Recreational amenities at a service capacity sufficient to support its occupants, including:

(A) One to Five Acre Projects. Projects of one to five acres in size shall include no less than one thousand square feet of recreational amenities;

(B) Projects in Excess of Five Acres. Projects in excess of five acres in size shall include no less than two thousand square feet of recreational amenities.

f. 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 17-7-4.7.

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. Multifamily Development. Each application for a multifamily use between one-half acre and one acre shall include:

i. Pedestrian connections, i.e., sidewalks and trails, which link dwelling units with open space and with existing abutting public trails;

ii. Forty percent of the lot developed as active, improved open space; and

iii. Recreational amenities at a service capacity sufficient to support its occupants, including no less than five hundred square feet of recreational amenities.

g. 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. (Ord. 5/07/2002A § 1 (part), 2002; Ord. 3-19-2002A § 1(4) (part), 2002; Ord. 2-5-2002 § 1 (part), 2002; Ord. 11-13-2001 § 2 (part), 2001)

17-7-4.11 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; and

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)

17-7-4.12 Signs.

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

Table 17-7-4.12
Signs
Sign Type	Permitted	Conditional	Sign Area Max.	Height Max.	General Restrictions
Banner	X		48 s.f.	12'	Must be maintained in good condition and located on building wall or fence.
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 C.O.
Flat or Wall (Neighborhood Commercial only)		X	10% of facade facing street	n/a	Internally illuminated signs prohibited.
Monument Sign (w/MPD)		X	32 s.f.	6' (total)	≥ 1' of pedestal. May be placed on a berm, w/top of sign ≤ 9'. 3' max. height in clear view triangle. Must be ≥ 3' from sidewalk.
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. Banner Signs. One banner sign is allowed per primary building wall or on-site fence/wall. Banners may not exceed forty-eight square feet; 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.

C. 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.

D. Monument Signs. One monument sign may be allowed per street frontage for a multifamily project. A monument sign shall not exceed thirty-two square feet or six feet in height with a minimum one-foot pedestal, 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. Monument signs shall be constructed with materials similar to that of the main building.

E. 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.

F. Flag Banners. Apartment or condominium complexes may utilize flag banners as follows:

1. No more than eight flag banners may be used per project;

2. Flag banner poles shall not exceed fifteen feet in height;

3. Flag banners shall only be permitted as part of an organized front entry feature that includes a project identification sign and landscaping;

4. Flag banners must be located a minimum of three feet from a public sidewalk or a property line and must be located outside of the clear view triangle; and

5. Flag banners shall contain no advertising copy. For the purposes of this subsection the project name is not considered to be advertising copy. (Ord. 5/1/2007O-5 § 1 (part), 2007; Ord. 11/23/2004O-34 § 1(2) (part), 2004; Ord. 10/28/2003O-11 § 1(5) (part), 2003; Ord. 3/18/2003O-1 § 1 (part), 2003; Ord. 3-19-2002A § 1(8) (part), 2002: Ord. 11-13-2001 § 2 (part), 2001)

17-7-4.13 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)