Chapter 17-7-8
TRANSIT-ORIENTED DEVELOPMENT ZONE (TOD)

Sections:

17-7-8.1 Purpose.

17-7-8.2 Uses.

17-7-8.3 Single family residential development standards.

17-7-8.4 Medium and high density residential development standards.

17-7-8.5 Retail, office and mixed-use development standards.

17-7-8.6 Retail, office and mixed-use architectural standards.

17-7-8.7 Required landscaping.

17-7-8.8 Parking.

17-7-8.9 Utilities.

17-7-8.10 Signs.

17-7-8.11 Conditional use standards of review.

17-7-8.12 Live/work units.

17-7-8.13 Itinerant merchants.

17-7-8.14 Related provisions.

17-7-8.1 Purpose.

The purpose of this chapter is to provide standards for the development of land parcels within the transit-oriented development (TOD) zone and to:

A.  Allow for and encourage high-quality transit-oriented development characterized by a mix of commercial and residential uses;

B.  Revitalize areas proximate to TRAX and transit stations;

C.  Encourage ground level retail uses that open directly onto sidewalks adjacent to public streets, and upper floor office and residential uses;

D.  Allow a mix of uses and development that are compatible with adjacent residential neighborhoods;

E.  Require coordinated, thematic landscaping to provide a distinctive visual quality to the area;

F.  Require pedestrian connections within and among developments and between adjacent neighborhoods;

G.  Manage parking and vehicular access utilizing shared parking and driveway access, with on-street parking and parking located behind buildings or in the interior of the block; and

H.  Encourage, through design, configuration, and mix of buildings and activities, a pedestrian-oriented environment and provide settings for social interaction and active community life with wide sidewalks, focal points, street trees and street furniture. (Ord. 10/21/2008O-8 § 1 (part), 2008: Ord. 10/16/2007O-15 § 1 (part), 2007: Ord. 11-20-2001 § 2 (part), 2001)

17-7-8.2 Uses.

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

Table 17-7-8.2
Uses

Type	Allowed	Administrative	Conditional	Business License
Accessory Apartment, Single Family	X
Accessory Building—Occupied, Unoccupied, Single Family Only	X
Alcoholic Beverage
Class A License	X			X
Class B License	X			X
Class C License	X			X
Restaurant	X			X
Package Agency				X
Private Club	X		X	X
State Liquor Store	X			X
Animal Hospital			X	X
Assisted Living
≤ 1/2 acre		X		X
> 1/2 acre			X	X
Auditorium, Assembly Hall			X	X
Bed and Breakfast Inn	X			X
Child Care
≤ 6 children	X			X
Facility: 7 children		X		X
Commercial Repair Services	X			X
Dwellings
Single Family	X
Duplex	X
Multi-Family
< 1 acre			X
> 1 acre			X
Entertainment Center			X	X
Fences
≤ 6'	X
> 6'		X
Financial Institution
W/o Drive Up Window	X			X
W/ Drive Up Window		X		X
Heliport			X	X
Home Occupation	X			X
Hotel/Motel			X	X
Itinerant Merchant	X			X
Live/Work Units			X	X
Manufactured Home	X
Master Planned Development			X	X
Mixed-Use			X	X
Municipal Facilities
Parks		X
Public Safety Facility		X
Public Utilities
Major			X
Minor		X
Recreational Facilities		X
Trails		X
Office
General	X			X
Intensive			X	X
Outdoor Dining		X
Parking Lot
Commercial			X	X
Personal	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
Private	X
Religious/Educational Institution
Permanent	X			X
Temporary			X	X
Restaurant W/o Drive Up Window	X			X
Retail and Service Commercial
W/o Drive Up Window				X
W/ Drive Up Window	X		X	X
24-hour use			X	X
Shopping Center			X	X
Telecommunications Facility		X
Transportation Facility
Major			X
Minor	X

(Ord. 10/21/2008O-8 § 1 (part), 2008: Ord. 10/16/2007O-15 § 1 (part), 2007: Ord. 8/10/2004O-25 § 1(7) (part), 2004: Ord. 11-20-2001 § 2 (part), 2001)

17-7-8.3 Single family residential development standards.

The following development standards apply to all single family detached residential lot subdivisions in the residential land use areas. These are traditional single family residential lots that do not require additional open space and common areas within the development.

A.  Lot Standards. Minimum area: The minimum lot area is three thousand five hundred square feet, subject to the following regulations:

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

2.   Lot Frontage. The minimum lot frontage is forty-five feet, unless the proposed lot is on the curve of a cul-de-sac, then the minimum lot frontage is thirty-five feet.

3.   Lot Depth. The minimum lot depth is seventy-five feet, unless the proposed lot width is at least sixty-seven feet, then the minimum lot depth shall be sixty-seven feet. Corner lots must meet the minimum lot depth from both street frontages.

B.  Setbacks. The minimum setbacks for primary structures in single family detached residential lot subdivisions are as follows:

1.   Front. The minimum front yard setback is fifteen 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. Sills, cornices, chimneys, flues, eaves and ornamental features may project into the front yard up to two and one-half feet.

iii. Impervious Surfaces. A driveway with a width of ten feet and a sidewalk of up to five feet in width from the driveway or street to the front door.

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

a.   Distance Between Buildings. There shall be a combined minimum of ten feet between buildings.

b.   Projections. Sills, cornices, chimneys, flues, eaves and ornamental features may project into the side yard up to two and one-half feet. If the front porch wraps around the structure, it may project into the side yard up to two feet.

c.   Stairs and Balconies. Outside stairways and balconies may project into the ten-foot combined separation up to three feet but may not project into the required four-foot side yard.

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

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

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

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

C.  Building Orientation and Scale. Residential and accessory structures shall be oriented and scaled as follows:

1.   Dwellings shall be serviced by a local street, an access road or drive, or an alley and shall not gain access from a collector or arterial street.

2.   Individual lots, buildings and units shall be arranged and situated to relate to surrounding properties, to improve the view from buildings and to minimize road area.

3.   Individual lots and buildings shall be designed to minimize pedestrian and automobile conflict while providing pedestrians direct access to a sidewalk or trail.

4.   Massing should be divided into rhythmic blocks to bring the design of the unit much closer to the human scale and to create a pedestrian-friendly atmosphere.

5.   Building design and orientation should consider exposure to sunlight to avoid energy inefficiencies.

D.  Build-to Line. The front yard setback is the build-to line. At least fifty percent of the front elevation must be built within three feet of the build-to line. This provision does not apply to the development of cul-de-sac lots.

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

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

G.  Parking/Driveway Access. Each lot shall provide two parking spaces in a garage, or in the side or rear yard of the property. Except for a ten-foot driveway from the frontage that leads to a garage or other parking area located on the side or to the rear of a dwelling, off-street parking and access to parking areas shall be located on the side or rear of a property.

H.  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:

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

2.   Setbacks. The accessory structure must be located in either the rear or side yard with a five-foot setback, except an accessory structure located at the front yard setback of an adjacent corner lot must be at least fifteen feet from the corner lot line. If building code requirements can be satisfied, the side and rear setback may be reduced to three feet.

3.   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.

4.   Stories. An accessory structure may range from one to one and one-half stories except that an accessory structure may not exceed the height of the main structure.

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

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

1.   Lot Size. The accessory structure must be located on a lot with at least five thousand square feet.

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

3.   Setbacks. The accessory structure must be located in either the rear or side yard, with no less than a five-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.

4.   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.

5.   Stories. An accessory structure may range from one to two stories except that an accessory structure may not exceed the height of the main structure.

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

7.   Architecture. The materials, architectural style and pitch of primary and secondary roofs shall match those found on the primary structure.

J.  Architectural Requirements.

1.   Front Porches. Front porches shall be provided on all dwelling units, or as otherwise approved by the planning commission through specific design review. Porches shall be unenclosed, roofed structures attached to the dwelling structure. Porches shall be at least one to two feet above grade and defined by a railing, wall, columns or similar architectural features, provided accessibility requirements are met. Porches are encouraged to reflect the design of traditional porches found in older neighborhoods. Railings and porch supports shall be composed of relatively substantial members, preferably wood, metal and/or masonry or other materials that complement the design. Porches may encroach eight feet into the front yard setback and two feet into the side yard setback.

2.   Garages. Garages must be side- or rear-loaded and/or detached rear yard garages.

3.   Colors, Materials, Roofs, Openings.

a.   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.

b.   Colors. Without limiting the use of color, exterior walls shall be subdued in color and not reflective. Intense colors should be used as accent only.

c.   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.

d.   Openings. The following standards apply to openings of all structures:

i.   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.

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

K.  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 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.

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.   Conformance with This Section. No person shall construct, alter, or maintain a 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.

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

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. (Ord. 10/21/2008O-8 § 1 (part), 2008: Ord. 10/16/2007O-15 § 1 (part), 2007: Ord. 11-20-2001 § 2 (part), 2001)

17-7-8.4 Medium and high density residential development standards.

The following development standards apply to all new single family attached, single family detached, and multi-family development in the residential land use area, with the exception of single family detached residential lots (see Section 17-7-8.3).

A.  Setbacks. New development shall comply with the following setbacks:

1.   Front. The minimum front yard setback is fifteen feet, which shall include a sidewalk of ten feet in width and a five-foot park strip, which shall incorporate tree wells, street furniture and planter boxes. The front yard setback is measured from the back of curb.

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

b.   Projections. Sills, cornices, chimneys, flues and ornamental features may project into the front yard up to two and one-half feet, provided it does not impede pedestrian traffic on the sidewalk. Eaves, awnings and arcades may project into the front yard up to eight feet so long as these elements are at least eight feet above the ground and do not impede pedestrian traffic on the sidewalk.

c.   The structure may be set back an additional fifteen feet to allow for the inclusion of a courtyard.

2.   Rear. There is no rear yard setback for multi-family development except as required by the International Building Code and landscape buffers.

3.   Side. There is no side yard setback for multi-family development except as required by the International Building Code and landscape buffers.

4.   Single Family Setback. The minimum setback from the property line, when adjacent to a single family residential zone, is fifteen feet, subject to the following exceptions:

a.   Three-story structures must be set back thirty-seven feet; four-story structures must be set back sixty-six feet; and five-story structures must be set back eighty-three feet.

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

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

5.   Each unit shall have access to a common area of at least three hundred square feet in size for each unit adjacent to said space, or a private yard of at least three hundred square feet in size shall be provided at the rear of each structure.

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.

C.  Height. The maximum height for a residential structure is five stories. When a residential structure is located within sixty-five feet of a single family structure, the maximum height of the structure or portion of the structure is three stories.

D.  Building Orientation and Scale. Residential and accessory structures shall be oriented and scaled as follows:

1.   Dwellings shall be serviced by a local street, an access road or drive, or an alley and shall not gain access from a collector or arterial street. Dwellings that front a courtyard, paseo, or common open space/recreation area are encouraged.

2.   Buildings shall be arranged and situated to relate to surrounding properties, to improve the view from and of buildings and to minimize road area.

3.   Ground floor pedestrian entrances must be oriented toward adjacent streets, plazas, courtyards, sidewalks and trails.

4.   Buildings shall be designed to minimize pedestrian and automobile conflict while providing pedestrians direct access to a sidewalk or trail.

5.   Massing should be divided into rhythmic blocks to bring the design of the unit much closer to the human scale and to create a pedestrian-friendly atmosphere.

6.   Long building rows without varying setbacks or building mass should be avoided to prevent wind tunneling and long-term shadow casting.

7.   Building planes shall incorporate varying heights, textures, shapes or colors to mitigate the visual impact buildings have on the public realm.

8.   Building design and orientation should consider exposure to sunlight to avoid energy inefficiencies.

9.   The landscaped setback is the build-to line for buildings adjacent to a public right-of-way. At least fifty percent of the front elevation must be built within three feet of the build-to line.

E.  Floor Area Ratio. For development of medium and high density residential uses, the maximum FAR is 1.5.

F.  Floor and Deck Height. The following floor and deck heights apply to all structures:

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.

G.  Stories. All building types must be from one to five stories.

H.  Proximity. There shall be a minimum separation of twenty feet between all habitable structures. Building separation may be reduced as follows if building code requirements are met: ten feet between one-story structures; fourteen feet between two-story structures; and eighteen feet between three-story structures.

I.  Fencing. Fencing in residential developments shall not exceed six feet in height in the rear and side yards. Fencing in a front yard is prohibited. Fencing located in the sight distance triangle shall not exceed three feet in height. The fencing of private yards shall be accomplished in a manner that does not create areas of common space that are unusable, inaccessible, or hidden from other residents of the project. Barbed or razor wire is prohibited.

J.  Required Residential Open Space and Landscaping. In addition to landscaping, irrigation and grading requirements found in Section 17-7-8.7, the following landscaping and open space requirements shall apply. 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 Open Space. Active, improved open space is required to meet whichever of the two following standards requires the greatest amount of open space:

a.   The applicant shall improve not less than twenty-five percent of the interior of the proposed development area as open space; or

b.   The applicant shall improve as open space not less than twice as much of the site area as is utilized for surface parking, including the parking stalls, aisles and associated hardscape but not including required parking lot landscaping or private driveways. Surface parking includes any dedicated parking spaces and associated paved areas not located in the enclosed levels of a parking structure, underneath living spaces, in a structure attached to a single family attached or detached dwelling, in a detached garage on the same parcel as a single family attached or detached dwelling, or in a driveway for a single family attached or detached dwelling.

2.   Maximum Open Space. Subsection (J)(1) of this section notwithstanding, no development shall be required to include more than forty percent open space.

3.   Minimum Landscaped Area. The applicant shall landscape twenty percent of the interior of the proposed development area. The required open space may be landscaped to comply with this requirement. 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.

4.   Minimum Improved, Common Recreational Amenities. A minimum of fifteen percent of the land area shall be developed as active, improved common area to include such uses as mini parks, picnic areas, playgrounds, recreation areas and structures such as club houses, pavilions, swimming pools, etc. Improved, common recreational amenities shall be concentrated into larger, more functional areas as much as possible while continuing to provide each dwelling unit with an amenity within reasonable walking distance.

5.   Building Foundation Landscaping. The ground adjacent to the building foundation must be landscaped if it is visible from public vantage points. The landscaped area must be at least three feet in width.

6.   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.   Minimum Number of Trees. A minimum of one tree for every four hundred square feet of landscaping is required for all landscaped areas. Street trees may be included in calculations in order to meet this requirement.

b.   Types of Vegetation. At least twenty-five percent of trees and shrubs 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 Street Tree Selection Guide of Midvale City.

c.   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.

7.   Existing, Incompatible Use Buffer Area. Residential developments shall be developed such that existing uses that are incompatible with the reasonable enjoyment of residential users for reasons of noise, dust, vibration or other nuisance impacts shall be buffered from that nuisance by way of distance, screening or other mitigation techniques and/or conditions as approved by the planning commission. The mitigating techniques and/or conditions shall be conditions of approval for the residential project.

8.   Snow Removal. A plan for snow removal and/or storage shall be submitted for review by the planning staff.

K.  Characteristics of Housing Product.

1.   Minimum Number of Models for Single Family Detached, Attached, or Other Multi-Family Residential Unit Combinations That Appear to Be a Single Large House. Any development of fifty or more units in any of the above-listed configurations shall have at least three different types of housing models. Any development of fewer than fifty units of the above-listed configurations shall have at least two different types of housing models.

2.   Minimum Model Characteristics for Single Family Detached, Attached, or Other Multi-Family Residential Unit Combinations That Appear to Be a Single Large House. Each housing model shall have at least three characteristics which clearly and obviously distinguish it from the other housing models, such as different floor plans, exterior materials and colors, roof shapes, garage placement, window size/proportion/pattern, placement of the footprint on the lot, and/or overall building facade design.

3.   Street-Accessed Garages. Only a maximum of fifty percent of street-accessed garages shall have garage doors facing the street with the balance being alternative side- or rear-loaded and/or detached rear yard garages, etc., except that all opposing block faces shall duplicate the opposite side of the street; only front driveway block faces will face each other; only alley-loaded block faces will face each other. Each such alternatively loaded garage plan will constitute a distinct model for the purposes here.

4.   Single Family Attached (Townhouse). The development of contiguous townhouses is limited to fifty units (i.e., in any single location) and in groupings no larger than eight units each. Any additional development over fifty townhouses may be developed so long as one-third of the total approved units are located on uncontiguous lots, a minimum of one hundred fifty feet or three lots apart in all directions and in groupings no larger than eight units each. Any townhouse development larger than eight units shall provide at least two different unit models. Each unit model shall have at least three characteristics that clearly distinguish it from the other townhouse models.

L.  Medium and High Density Residential Architectural Requirements.

1.   Residential Architectural Standards. All new residential 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 residential development shall comply with the general architectural standards for the transit-oriented development zone and with each of the following architectural standards:

a.   Materials. All single family detached, attached, or other multi-family residential units, including combinations that appear to be a single large house, shall include a substantial use of brick, cultured brick, natural or cultured stone, wood or synthetic wood products.

b.   Base Materials. Each structure shall have a base or foundation with a minimum height of one-third the overall height of the structure. The base or foundation shall extend beyond the plane of the wall above it, creating a larger mass at the base of the building. The planning commission may allow for minor deviations to allow this base to terminate at visual breaks in the architecture, and the planning commission may approve alternative materials that are the qualitative equivalent of brick, cultured brick, or natural or cultured stone.

c.   Brick and Rock Pattern. Ledge stone, uncoursed ledge rock, random or coursed ashlar Flemish bond, English bond, common bond, running bond or drystack patterns shall be used for finished brick, rock and stone work. Herringbone, basketweave, vertical stack, stack bond, uncoursed roughly squared, and other vertical, irregular, or diagonal masonry patterns or vertical, non-alternating bond courses may be used only as an accent. Other masonry patterns shall not be used on vertical surfaces except as expressly authorized by the planning commission.

d.   Stucco. The use of stucco should be limited to architectural relief and shall not exceed twenty-five percent of a front elevation or fifty percent of any elevation. The planning commission may determine, on a case-by-case basis, that the architectural detail and excellence of a structure is such that the use of stucco in excess of this standard is warranted.

e.   Prohibited Materials. Vinyl and aluminum siding products are prohibited as wall materials.

f.   Color Scheme. The use of a single color scheme, minimal detailing, or blank (or largely blank) walls is not permitted. The use of exterior staircases is discouraged.

g.   Building Massing. Buildings that are uniformly three stories or more must step the roof form or interrupt it with other roof elements. The building mass of the elevation can be reduced by off-setting dwelling units, and varying building setbacks and heights.

h.   Openings. Not less than twenty-five percent of any front or rear building face shall be made up of window or door areas. Not less than fifteen percent of any side building face shall be made up of windows or door areas unless an adjacent building within twenty feet of that side face obscures the majority of that side face from public view.

i.   Protruding Features. Bay windows and other architectural elements protruding from the facades may be clad in other materials.

j.   Miscellaneous. Security devices shall have materials and colors that complement the building’s architecture and building materials. Accessory structures shall be architecturally compatible with the primary development. Satellite dishes should be placed on the roof of a building, should be wired for use during construction, and shall not be placed within the public view or on the first floor of any building.

2.   Roof Form. Roof forms shall be designed in ways and/or used in combinations to break up large, continuous building forms, particularly for cluster and multiple-dwelling structures. Where flat roofs are used, other techniques to provide scale and interest shall be used to refine large, continuous building forms. Long unbroken ridge or parapet lines are prohibited.

a.   Generally, for structures lower than forty feet high, gable or hip roofs are preferred for the primary roof form. The primary gable roof slope shall not be less than 5:12 and not less than 6:12 for single family or duplex residences.

b.   Secondary roof structures such as porch roofs, roofs over bay extensions, bay windows, etc., may include other roof forms such as shed roofs, and hip roofs in combination with gable roofs. However, the secondary roofs shall be consistent or complementary with the primary roof form. Secondary roofs that slope should not be less than 4:12. Flat roofs may be also appropriate for small areas.

c.   Front Entry Feature. All dwelling units or residential buildings shall have an exterior entry that is a prominent, architectural focal point directing people into the unit or building. This feature shall relate to the architecture of the structure and may include porches, stoops, roofs, etc.

d.   Garages. Garage doors must be set back a minimum of twenty feet from the property line or sidewalk, whichever is greater, if off-street parking is to occur in the driveway. In all cases where garage doors face a street, the garage door shall be recessed a minimum of two feet behind the front line of the building living area (porches, bay windows, and similar projections not included). The style, materials, colors and roofs used in the construction of accessory structures, including garages and carports, shall be architecturally compatible with the primary structures.

3.   Parking Enclosures. Parking enclosures/structures should be constructed within the same structure as the dwelling units whenever possible. Parking enclosures/structures shall be held to the same architectural standards as the residential structures.

M.  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.

1.   For residential structures, roof-top mechanical equipment, vents, flues, fans and other pieces of equipment shall be screened and/or organized to leave sloped roofs as simple and uncluttered as possible, or, where roofs are flat, to be screened from view of a pedestrian at the far side of the adjoining right-of-way or one hundred feet from the front property line, whichever is less. Where such appurtenances are visible, they shall be painted a color that matches the roof color or other architectural features so that their visual impact is minimized.

2.   Refuse containers shall be screened from view on all sides. Required screening may include new and existing plantings, walls, fences, screen panels, doors, topographic changes, buildings, horizontal separation, or any combination thereof. Screening fences, walls and/or plantings shall be one foot higher than the object to be screened. An opaque gate shall be included where required to complete screening. (Ord. 10/21/2008O-8 § 1 (part), 2008: Ord. 10/16/2007O-15 § 1 (part), 2007: Ord. 11-20-2001 § 2 (part), 2001. Formerly 17-7-8.3)

17-7-8.5 Retail, office and mixed-use development standards.

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

A.  Lot Area. There is no minimum lot area.

B.  Setbacks. New development shall comply with the following setbacks:

1.   Front. The minimum front yard setback is fifteen feet, which shall include a sidewalk of ten feet in width and a five-foot park strip, which shall incorporate tree wells, street furniture and planter boxes. The front yard setback is measured from the back of curb.

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

b.   Projections. Sills, cornices, flues and ornamental features may project into the front yard up to two and one-half feet, provided it does not impede pedestrian traffic on the sidewalk. Eaves, awnings and arcades may project into the front yard up to eight feet so long as these elements are at least eight feet above ground and do not impede pedestrian traffic on the sidewalk.

c.   The structure may be set back an additional fifteen feet to allow for the inclusion of an outdoor dining area or courtyard.

2.   Rear. The rear yard setback shall be of sufficient depth to allow proper parking and landscaped areas to the rear of the buildings. Unless otherwise approved as a conditional use by the planning commission, rear yards and the rear of buildings shall not abut a public street. On corner lots there is no rear yard except as required by the International Building Code and landscape buffers.

3.   Side. There is no side yard setback for mixed-use development except as required by the International Building Code and landscape buffers.

4.   Single Family Setback. The minimum setback from the property line, when adjacent to a single family residential zone, is fifteen feet, subject to the following exceptions:

a.   Three-story structures must be set back thirty-seven feet; four-story structures must be set back sixty-six feet; five-story structures must be set back eighty-three feet; six-story structures must be set back one hundred feet; and seven-story structures must be set back one hundred sixteen feet.

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

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

C.  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. Recessed plazas, courtyards and trellises are encouraged.

1.   Exceptions. The applicant may increase the depth of the build-to line by up to fifteen feet if the variation is used to promote a pedestrian-oriented use, i.e., special landscaping, public plazas, outside seating for a restaurant, etc.

D.  Height.

1.   Mixed-Use. The maximum height for a mixed-use structure is seven stories. Buildings of six and seven stories are limited to State Street and 7200 South frontages. When a mixed-use structure or portion of a structure is located within sixty-five feet of a single family residential structure outside the project/development boundary, the maximum height of the structure or portion of the structure is three stories.

2.   Commercial. The maximum height for a commercial structure is five stories. When a commercial structure is located within sixty-five feet of a single family structure outside the project/development boundary, the maximum height of the structure or portion of the structure is three stories.

E.  Floor Area Ratio. For new mixed-use development, the minimum FAR is 0.80 and the maximum FAR is 3.0. For development commercial uses, the FAR is 0.80.

F.  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. The main floor of all commercial uses may be at grade and may not be below grade.

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

G.  Stories. All building types must be from one to seven stories.

H.  Recreational Amenities/Open Space. Each application shall include:

1.   Lighted pedestrian trails or paved paseos which connect commercial and residential uses with open space and with abutting public trails; and

2.   Ten-foot-wide paved sidewalks along public rights-of-way.

I.  Building Orientation and Scale. Retail/office/flex and mixed-use structures shall be oriented and scaled as follows:

1.   Structures shall be serviced by a local street, an access road or drive, or an alley and shall not gain access from a collector or arterial street except as approved by the city engineer. Structures that front a courtyard, paseo, or common open space/recreation area are encouraged.

2.   Buildings shall be arranged and situated to relate to surrounding properties, to improve the view from and of buildings and to minimize road area.

3.   Ground floor pedestrian entrances must be oriented toward adjacent streets, plazas, courtyards, sidewalks and trails.

4.   Buildings shall be designed to minimize pedestrian and automobile conflict while providing pedestrians direct access to a sidewalk or trail.

5.   Buildings shall be designed with separate residential and commercial entrances.

6.   Massing should be divided into rhythmic blocks to bring the design of the unit much closer to the human scale and to create a pedestrian-friendly atmosphere.

7.   Long building rows without varying setbacks or building mass should be avoided to prevent wind tunneling and long-term shadow casting.

8.   Building planes shall incorporate varying heights, textures, shapes or colors to mitigate the visual impact buildings have on the public realm.

9.   Building design and orientation should consider exposure to sunlight to avoid energy inefficiencies.

10.  Gathering areas in central areas and between buildings shall be encouraged. These areas shall be designed, through landscaping, hardscape, outdoor furniture, and public art, among others, to create a conducive atmosphere for people to come together.

J.  Maximum Footprint. No commercial structure shall have a footprint in excess of twenty thousand square feet. Mixed-use structures have no maximum footprint.

K.  Coverage. Buildings may cover up to eighty percent of the lot area.

L.  Access Management. All new development and an expansion by more than twenty-five percent of an existing building mass or site size shall comply with the following access management standards:

1.   All driveways and curb cuts shall be installed according to the standards and specifications contained in the Midvale City Construction Standards and Specifications handbook. Curb cuts for pedestrian access shall orient toward each street frontage.

2.   All newly installed driveways for commercial uses shall be a minimum of two hundred feet apart.

3.   All newly installed driveways for commercial uses shall align with any existing commercial access across the street.

4.   New development or conversion of an existing residential use to a commercial use shall not be allowed to park in such a way that users may be required or allowed to back onto public rights-of-way.

5.   Existing nonconforming driveways within the zone shall be retired upon construction of a new building.

6.   Shared driveways between and among parcels are encouraged and allowed if the parties execute and record an easement, or a deed of dedication, in a form approved by the city attorney to ensure access in perpetuity for both parcels. (Ord. 10/21/2008O-8 § 1 (part), 2008: Ord. 10/16/2007O-15 § 1 (part), 2007)

17-7-8.6 Retail, office and mixed-use architectural standards.

All new development must present an attractive, coordinated streetscape; incorporate architectural and site design elements appropriate to a pedestrian scale; incorporate interior pedestrian access between structures to minimize pedestrian travel through parking areas; and provide for the safety and convenience of pedestrians by constructing pedestrian crossings with stamped, dyed, or raised walks. All new development shall comply with the following architectural standards:

A.  New Building Form. Structures shall be designed to relate to grade conditions with a minimum of grading and exposed foundation walls. The design shall create easy pedestrian access from adjacent uses, on-street parking, sidewalks and parking areas. Commercial buildings shall be designed with ground floor architectural separation to enhance street activity and “walkability.” All proposed building designs must incorporate an expansive use of windows, balconies, terraces, arcades or other design features, which are oriented to the street and other pedestrian accesses, to maximize the pedestrian interface. Windows, display windows and doors must comprise at least forty percent of street-facing facades on the commercial developments with first-floor commercial uses. Blank facades are not allowed to face public rights-of-way and may not exceed thirty feet in length on all other facades.

B.  Walls. No more than three materials shall be used for primary wall surfaces. All exterior walls shall be constructed in compliance with the following:

1.   Materials. Exterior finishes shall be of traditional, time- and weather-tested techniques and shall include a substantial use of brick, cultured brick, natural or cultured stone, prairie stone, and/or wood or synthetic wood products. Glazing may be used as a primary exterior material when glazing is proposed as a major architectural design element or look for a project area consisting of at least two buildings and including all of the buildings that are separated by a major feature such as a linear park, collector street, or similar element that sets an area apart. Retaining and screening walls shall be of materials complementary to the building’s materials.

2.   Stucco. The use of stucco, synthetic stucco and EIFS should be limited and shall not exceed fifty percent of any elevation. The planning commission may determine, on a case-by-case basis, that the architectural detail and excellence of a structure is such that the use of stucco in excess of this standard is warranted.

3.   Other Architectural Materials/Finishes. Architectural precast concrete, architecturally treated concrete masonry units, and architectural metals should be used primarily to provide architectural detail and relief. Fiberglass and/or metal panels may be used in relatively small quantities. The planning commission may allow other materials and material quantities that it finds add to the architectural excellence of the structure and project.

4.   Prohibited Materials. Vinyl and aluminum siding products are prohibited as wall materials.

5.   Base Materials. Each structure shall have a base or foundation with a minimum height of one-third the overall height of the structure. The base or foundation shall extend beyond the plane of the wall above it, creating a larger mass at the base of the building. The planning commission may allow for minor deviations to allow this base to terminate at visual breaks in the architecture, and the planning commission may approve alternative materials that are the qualitative equivalent of brick, cultured brick, or natural or cultured stone.

6.   Brick and Rock Pattern. Ledge stone, uncoursed ledge rock, random or coursed ashlar Flemish bond, English bond, common bond, running bond or drystack patterns shall be used for finished brick, rock and stone work. Herringbone, basketweave, vertical stack, stack bond, uncoursed roughly squared, and other vertical, irregular, or diagonal masonry patterns or vertical, nonalternating bond courses may be used only as an accent. Other masonry patterns shall not be used on vertical surfaces except as expressly authorized by the planning commission.

7.   Color Scheme. Buildings shall use a cohesive palette of colors which complement nearby buildings. Without limiting the use of color, large areas of walls shall be subdued in color and not reflective. Intense colors should be used as accent only.

8.   Design Consistency. All exposed sides of a building shall be designed with the same level of care, quality and integrity. Buildings should be attractive and visually engaging from all exposed sides.

C.  Roofs. Roof lines and shapes shall be consistent with the design and structure of the building, and should be consistent with the roof lines of adjacent buildings. Roof forms should reflect the facade articulation and building massing, as opposed to a single-mass roof over an articulated facade.

1.   Pitched Roofs. Where pitched roofs are used, the following standards shall apply:

a.   All the roofs and secondary roofs of a building shall be constructed of the same material. All metal roofs must be of a subdued color. Painted roof shingles are prohibited.

b.   Slopes of roofs shall be of equal pitch if a gable or hip roof is employed. Roof forms shall be designed in ways and/or used in combinations to break up large, continuous building forms, particularly for structures that are wider than they are tall. Long unbroken ridgelines are prohibited.

2.   Parapets. Parapets shall be provided to articulate flat roofs and hide roof-mounted equipment. The following standards shall apply:

a.   Parapets shall have strong cornice detailing to provide interest and scale.

b.   Long unbroken parapets, particularly for buildings that are wider than they are tall, are prohibited.

3.   Rooftop mechanical equipment shall be hidden from view from the adjoining street with either a parapet or a penthouse. Penthouses shall utilize materials, colors and form similar to that of the building.

D.  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.

3.   Corner Buildings. Special attention shall be given to corner buildings that are highly visible, that may serve as landmarks, and provide a sense of enclosure at intersections. Special attention can be achieved by architecture, landscape, and public place.

4.   Minimum Opening Area. Not less than twenty-five percent of any street-facing building facade shall be made up of window or door areas. Not less than fifteen percent of any other building face on a third or higher story shall be made up of windows, balcony or other opening areas unless an adjacent building within twenty feet of that side face obscures the majority of that side face from public view.

E.  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 of a zone district if it meets the following conditions:

a.   All fences and walls meet the requirements of Title 15 of this code, Buildings and Construction;

b.   No fence, hedge, or wall may extend beyond or across a property line without a recorded agreement with the abutting property owner;

c.   No fence, hedge, or wall may be placed nearer than six inches to any public sidewalk;

d.   Only one fence or wall shall be allowed per property line. Double fences, walls or combinations thereof are prohibited; and

e.   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.

2.   Height. No fence or wall may exceed six feet in height, four feet in height from the front of the primary structure forward, nor three feet in height in the sight distance 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 are constructed with at least fifty percent nonopaque materials.

F.  Lighting. All lights placed on property entrances, along pedestrian pathways or on building facades shall be of a uniform, pedestrian-friendly theme and shall be down-directed and shielded to direct light to the entry or pedestrian way. All pedestrian pathways shall include either bollard lighting, or downturned lighting which shall not exceed twelve feet in height. Pedestrian lighting shall coordinate throughout the proposed development and shall complement adjacent mixed-use project lighting. The lighting design shall minimize light trespass. Spotlights and floodlights are prohibited with the exception of approved landscape lighting. Street lighting shall either be chosen from the city’s approved street light list or installed to match a theme set by previous developments within the zone.

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.

1.   For nonresidential and mixed-use structures, all roof-mounted mechanical and electrical equipment, communication antennas or dishes shall be screened from the view of a pedestrian at the far side of the adjoining right-of-way or one hundred feet from the front property line, whichever is less, or designed and/or located as part of the overall architectural design.

2.   For residential structures, roof-top mechanical equipment, vents, flues, fans and other pieces of equipment shall be screened and/or organized to leave sloped roofs as simple and uncluttered as possible, or, where roofs are flat, to be screened from view of a pedestrian at the far side of the adjoining right-of-way or one hundred feet from the front property line, whichever is less. Where such appurtenances are visible, they shall be painted a color that matches the roof color or other architectural features so that their visual impact is minimized.

3.   Refuse containers shall be screened from view on all sides. Screen walls and fences shall be one foot higher than the object to be screened. An opaque gate shall be included where required to complete screening.

4.   Loading docks and/or service areas shall be located to the side or rear of buildings. Where they are directly visible from streets and nearby residential buildings, they shall be screened by walls at least eight feet high, or densely and continuously massed landscaping that maintains its screening capabilities in the winter. Raised planters, berms or other land forms may also be used in conjunction with landscaping or walls. A combination of dense, continuous landscaping and walls may allow the use of lower walls, but no lower than four feet high from finished grade.

H.  Corner Lot Improvements. New development of corner lots shall include curb extensions in conjunction with on-street parking. All curb cuts shall be placed on each street frontage, and not at a central location at the apex of the corner radius.

I.  Street Furniture. Each new mixed-use or commercial development shall include all-weather benches and shall incorporate trash receptacles and raised planters along the front facades of structures. All street furniture shall coordinate with one another and with adjacent mixed-use developments, and shall not be used for advertisement.

J.  Weather Protection. All new mixed-use or commercial development shall incorporate awnings, arcades or roof projections along pedestrian pathways to shield pedestrians from adverse weather conditions. Weather protection features such as awnings, canopies, or arcades shall be provided at all customer entrances. Awnings shall not be backlit.

K.  Streetscape. Sidewalks and park strips shall be finished with stamped and dyed concrete or brick pavers. Five-foot tree wells shall be incorporated into the park strip. Placement of street furniture (benches, trash cans and planter boxes) shall take place in the park strip.

L.  Exterior Structure. All exterior walls of all structures shall be constructed in compliance with the following:

1.   Finishes. All buildings shall use one or more of the following durable materials as significant finish: architectural precast concrete, architecturally treated concrete masonry units, brick cladding, natural and cast stone, prairie stone, architectural metals, and glazing. Architectural site-cast concrete may be allowed if designed, articulated, and colored for a finished appearance on all buildings. At least fifty percent of all buildings visible from a major thoroughfare shall be composed of brick, stone, architecturally treated concrete masonry units, architectural precast concrete and/or glazing.

2.   Quality. High standards for exterior materials, exterior building systems, and their application are expected. In particular, the design and application of EIFS or synthetic stucco is expected to be of a high enough quality to allow for crisp detailing and substantial relief. The wall area from finished grade to where the use of EIFS begins shall be clad by a hard, durable material such as brick, stone, architectural precast concrete, or architecturally treated concrete masonry units.

3.   Form Variations. Buildings shall provide variation in the form of facades that adjoin streets. Street-facing facades shall make use of at least two of the following variations. Secondary facades shall make use of at least one of the following variations. Variations should result from significant dimensional changes in plane, color or detail as accomplished by such devices as:

a.   Protruding bays or columns;

b.   Recessed entries;

c.   Upper level stepbacks;

d.   Arcades;

e.   Offsets, projections and shifts in the general plane of the facade;

f.   Changes in materials or color;

g.   Bay windows;

h.   Vestibules;

i.   Porches;

j.   Balconies;

k.   Exterior shading devices;

l.   Nonretractable canopies or awnings;

m.   Projecting cornices;

n.   Eaves; or

o.   Any other variation the planning commission may approve that meets the intent of this subsection.

4.   Window Treatments. Street-facing facades shall include at least two of the following window treatments with at least one window treatment per window. All other facades shall utilize at least one of the following window treatments per window. Treatments may include:

a.   Varying the size and/or style of windows;

b.   Window sills;

c.   Window grids;

d.   Window trim;

e.   Window headers;

f.   Window railing;

g.   Recessed windows;

h.   Arcades; or

i.   Any other treatment the planning commission may approve that meets the intent of this subsection.

5.   Architectural Treatments. Street-facing facades shall include at least two of the following architectural treatments. All other facades shall include at least one of the following architectural treatments. Treatments that add detail, character, and reduce the appearance of massive blank walls may include:

a.   Ornamental details such as quoins, knee braces and exposed joists;

b.   A change of material applied to at least twenty percent of the facade;

c.   A change of color applied to at least twenty percent of the facade;

d.   Decorative parapets;

e.   Reveals;

f.   Pilasters;

g.   Architectural banding or belt courses;

h.   Cornice other than that at the top of the building;

i.   Rounded design at street corners;

j.   A change of pattern applied to at least twenty percent of the facade;

k.   A distinguished upper floor for buildings with at least four floors; or

l.   Any other treatment the planning commission may approve that meets the intent of this subsection.

6.   Storefronts. Awnings, canopies, arcades or other architectural features should be used to reduce glare on storefront glass and to shelter the pedestrians standing near the storefront. Cantilever awnings and canopies from the building face so as to keep sidewalks as clear and unobstructed as possible. The planning commission may permit limited use of supporting columns as part of a thematic design or corporate standard so long as the columns do not hinder pedestrian traffic or access.

7.   Primary public entry(s) shall be architecturally emphasized so that pedestrians can easily find them.

8.   Drive-Through Windows. Drive-through windows shall be located at the side or rear of buildings. While not desirable, a drive aisle may be located between the building and the street so long as its width is minimized, any pedestrian crossings of it are clearly delineated with special paving treatments, no parking spaces occur off of it and a low wall, railing with landscaping, or a continuous hedge at least three feet high shall be provided between stacked cars and the sidewalk.

9.   Opaque (solid) storefront security closures (rolling doors, etc.) are not allowed.

10.  Entryways. Each large retail building on a site shall have clearly defined, highly visible customer entrances featuring a combination of several elements such as:

a.   Canopies, awnings or porticos;

b.   Projecting eaves and cornices;

c.   Recesses/projections of wall surfaces;

d.   Arcades;

e.   Raised parapets over the door;

f.   Peaked roof forms;

g.   Lighting features;

h.   Entry plazas;

i.   Display windows;

j.   Architectural details such as masonry tile work and moldings which are integrated into the building structure and design;

k.   Integral planters or wing walls that incorporate landscaping; or

l.   Signs integrated with the building architecture.

11.  Secondary Facades. Building facades that face the street but do not have pedestrian entries shall be composed of high-quality materials such as brick or stone, and shall provide variety and interest in the facade through the introduction of such elements as pilasters, recessed or protruding bays, changes in materials and/or colors, building lighting elements, display windows with products or product graphics, transparent windows or clerestories, and well-designed signs and graphics.

12.  Mixed-Use Buildings. Buildings that include both commercial and residential uses shall make use of architecture, materials, terracing, scale and other techniques to create a distinct separation between the commercial and residential uses in the structure.

a.   Mandatory Elements. Mixed-use structures shall feature a combination of at least two of the following several elements, such as:

i.   Terracing that creates a visual break between the commercial and residential areas of the structure;

ii.  Material, color, and/or texture changes between the commercial and residential floors of the structure;

iii. Bulk or facade shifts between the commercial and residential floors of the structure;

iv.  Architectural treatments that make the commercial portions of the structure serve as a base for the residential floors;

v.   The use of a significant percentage of transparency on the commercial levels of a structure and smaller openings for the residential floors;

vi.  The use of balconies and/or bay windows for residential floors;

vii. Any other element the planning commission may approve that meets the intent of this subsection.

b.   Signage. Mixed-use structures shall make substantial use of signage that is pedestrian in scale and is intended to guide visitors in locating the commercial and residential portions of the structure.

M.  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 eighteen inches shall not be placed in front yards. (Ord. 10/21/2008O-8 § 1 (part), 2008: Ord. 10/16/2007O-15 § 1 (part), 2007: Ord. 8/10/2004O-25 § 1(2) (part), 2004; Ord. 11-20-2001 § 2 (part), 2001. Formerly 17-7-8.5)

17-7-8.7 Required landscaping.

The applicant shall professionally landscape the lot, according to an approved landscape plan, as a condition precedent to receiving a certificate of occupancy for all residential, mixed-use and commercial uses. The community development director shall evaluate landscape plans for all permitted uses. The planning commission shall evaluate landscape plans for conditional uses. Landscape plan approval is a condition precedent to issuance of a building permit for the parcel. All landscaping shall be in place prior to issuance of 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 yet to be completed, which landscaping shall be installed by the following May 31st. The following landscaping standards apply to all new mixed-use, multi-family and commercial development in the zone and to the expansion by more than twenty-five percent of an existing building mass or site size:

A.  Minimum Landscaped Area. Landscape planters shall be integrated into the overall site design.

B.  Building Foundation Landscaping. If the ground adjacent to the front building foundation is landscaped, the landscaped area shall not project more than three feet from the foundation wall.

C.  Residential Buffer. New development shall provide a minimum fifteen-foot landscaped buffer consisting of large trees, shrubs, and a six-foot screening wall as approved by the planning commission. The screening wall shall be constructed of wood, metal, brick, masonry or other permanent materials along all property boundaries adjacent to single family residential zones.

TOD Zone Buffering Standard

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

1.   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.

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

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

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

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

3.   Professionally Designed and Installed Prior to Certificate of Occupancy. Landscaping shall be professionally designed and shall be installed with an automatic sprinkling system designed to cover all planted areas, with no runoff. The applicant must install required landscaping prior to issuance of 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.

E.  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:

1.   Documentation.

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

i.   Project name and address;

ii.  Applicant’s or applicant’s agent’s name, address, phone and fax number;

iii. Landscape designer’s name, address, phone and fax number; and

iv.  Landscape contractor’s name, address, phone and fax number, if known.

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

i.   Location of all plant materials, a legend with botanical and common names, and size of plant materials;

ii.  Property lines and street names;

iii. Existing and proposed buildings, walls, fences, utilities, paved areas and other site improvements;

iv.  Existing trees and plant materials to be removed or retained;

v.   Designation of landscape zones; and

vi.  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.

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

i.   Layout of the irrigation system and a legend summarizing the type and size of all components of the system;

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

iii. 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

iv.  Installation details for irrigation components.

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

i.   Property lines and street names, existing and proposed buildings, walls, fences, utilities, paved areas and other site improvements;

ii.  Existing and finished contour lines and spot elevations as necessary for the proposed site improvements;

iii. Grade shall slope away from the structure as required by the International Building Code.

2.   Landscape Design Standards.

a.   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 amounts 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.

b.   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.

c.   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.

d.   Turfgrass. Plan shall delineate turfgrass areas and include a calculation (percentage) of irrigated turfgrass not to exceed fifty percent of the landscaped areas. Turf areas shall be on a separate irrigation zone from other landscape zones.

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

3.   Irrigation Design Standards.

a.   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.

b.   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 shutoff device, and the ability to adjust run times based on a percentage of maximum Eto.

c.   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.

d.   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 valves. Drip emitters and sprinklers shall be placed on separate valves.

e.   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.

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

g.   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.

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

i.   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.

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

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

4.   Plan Review and Construction Inspection.

a.   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.

b.   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.

c.   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 section are not satisfied.

F.  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. Mature landscaping, which has been approved to be removed, shall be replaced with like plantings exceeding the minimum requirements of this section.

G.  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.

H.  Upgrading Preexisting Landscaping. The applicant must bring preexisting landscaping into compliance with this code upon an increase of more than twenty-five percent of the current building mass or site size.

I.  Minimum Number of Trees. A minimum of one tree for every four hundred square feet of landscaping is required for all areas that are not on street frontage or adjacent to residential areas.

J.  Street Trees. In order to promote a uniform appearance within the zone, street trees will be selected from Midvale’s “Street Tree Selection Guide.”

K.  Lighting. All pedestrian pathways shall include either bollard lighting, or down-directed lighting which shall not exceed twelve feet in height. Pedestrian lighting shall coordinate throughout the proposed development and shall complement adjacent mixed-use project lighting.

L.  Crime Prevention Through Environmental Design (CPTED). The plan must demonstrate how CPTED principles will be used in the design and layout of buildings, streets, accesses and open space areas. Design shall promote natural surveillance, access control, territorial reinforcement, sense of ownership, and maintenance. CPTED landscaping guidelines shall be used, including planting shrubs with a maximum height of three feet and trees with a proper ground clearance of six feet above walkways and sidewalks and eight feet above vehicular travel and parking lanes. To encourage public safety through natural surveillance, natural access control, and territorial reinforcement, blank walls are not permitted adjacent to streets, pedestrian areas, and open space amenities. Symbolic barriers, such as low-lying fences/walls, landscaping and signage, shall be used to discourage crime and to promote safety. Ground floor parking garages shall not be permitted immediately adjacent to streets. Developments shall have street-side building elevations, with extensive windows, and with balconies, decks or landscape terraces encouraged. (Ord. 10/21/2008O-8 § 1 (part), 2008: Ord. 10/16/2007O-15 § 1 (part), 2007: Ord. 12/03/2002A § 1 (part), 2002; Ord. 11-20-2001 § 2 (part), 2001. Formerly 17-7-8.6)

17-7-8.8 Parking.

An applicant for new development or the expansion by more than twenty-five percent of an existing building mass or site size in the zone must provide off-street parking with adequate provisions for independent ingress and egress by automobiles and other motorized vehicles as follows. The planning commission may grant a reduction of up to thirty-five percent of required parking upon an applicant’s demonstration of opportunities for shared parking within a mixed-use development or reduced parking need due to proximity to public transportation.

Table 17-7-8.8
Parking

Uses	Parking Requirement (Number of Spaces)
Assisted Living	1 per 2 bedrooms plus 1 per employee per shift, or 2 per 3 employees per shift, whichever is greater
Auditorium	1 per 5 seats or 3 per 100 s.f. of assembly area
Bed and Breakfast Inn	1 per bedroom plus 1 per employee per shift
Cafe/Deli	3 per 1,000 s.f. of net leasable building area
Child Care Facility/Center	1 per on-duty employee and 1 per 6 children
Convenience Store, Support Commercial Uses	5 per 1,000 s.f. of net leasable building area
Financial Institution	3 per 1,000 s.f. of net leasable building area
Hospital, Limited Care	1 per 2 beds
Hotel/Motel	1 per suite and 1 space per 200 s.f. of separately leasable space
Indoor Entertainment, Theater	1 per 4 seats or 5 per 1,000 s.f. of floor area depending on type of facility
Master Planned Development	Determined by planning commission, based on proposed uses and potential for shared parking
Offices, General	3 per 1,000 s.f. of net leasable building area
Offices, Intensive and Clinic, Medical	5 per 1,000 s.f. of net leasable building area
Public and Quasi-Public Institution, Church and School; Public Utility	The greatest of: 1 per 5 seats, or 2 per 3 employees, or 1 per 1,000 s.f.
Recreation Facility, Private	1 per 4 persons (based on the facility’s maximum rated capacity)
Recreation Facility, Commercial	The greatest of: 1 per 4 seats, 5 per 1,000 s.f. of floor area, or 1 per 3 persons rated capacity
Retail and Service Commercial, Personal Service	3 for each 1,000 s.f. of net leasable building area
Retail and Service Commercial, Regional	5 for each 1,000 s.f. of net leasable building area
Retail and Service, Auto Related and Gas Stations	5 per 1,000 s.f. of net leasable building area
Restaurant, Standard and Bar	1 for every 100 s.f. of net leasable floor area, including kitchen areas
Shopping Centers or Complexes of Multi-Tenant Retail Spaces	3.5 per 1,000 s.f. of net leasable building area

A.  Location of Parking.

1.   Off-Street Parking. The parking required herein must be located on the property except as specifically exempted herein.

2.   On-Street Parking. Parallel parking spaces on designated public and private streets may be used to meet the guest parking needs of residential and mixed uses. The city engineer will designate streets available for parking based on the width of the traveled surface, traffic demand, best engineering practices and adopted fire codes.

3.   Front Setback. No parking shall occur within the front setback of any building, except that when a single family attached or detached structure is located on a local street and is set back at least eighteen feet from the property line, a private driveway may be used for off-street parking.

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

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

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 ten 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, a minimum of ten percent interior landscaping, and perimeter landscaping of at least five feet in width.

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

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

b.   No driveway or aisle shall exceed three hundred feet in length unless traffic-calming devices/techniques are used to slow traffic and safely allow pedestrian crossings.

c.   Commercial 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.

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

ii.  Two-Way Drive. The minimum two-way drive width is twenty feet. The maximum two-way drive width is thirty-six feet.

C.  Parking Garages and Structures. Parking within a parking garage or structure requires:

1.   Aisle. The minimum aisle width is twenty-four feet.

2.   Circulation. The parking structure must be designed to ensure that each required parking space is readily accessible, usable and safe for automobiles and pedestrians.

3.   Location. The parking structure shall not be located on a street frontage.

4.   Design/Architecture. Architectural relief shall be integrated into all facades to soften visual impacts and to provide a visual relationship with the surrounding structures. Parking garages and structures shall meet the following standards:

a.   Parking structures shall include pedestrian walkways and connections to the sidewalk system. These shall be clearly marked and continuous in design.

b.   Parking structures shall contain ground-level retail, office or display windows along all street-fronting facades of the parking structure. Parking structures with street frontage in primarily residential areas may utilize residential units or residential architecture that reflects surrounding residential units to mask the visual impact of the parking structure.

c.   Parking structures that are not located adjacent to or within clear sight of a public street or other major transportation thoroughfare shall utilize plant material as screening to minimize the visual impact of the parking structure.

d.   Parking structures shall be designed with an architectural theme similar to the adjoining structures. Openings that face and can be seen from major vehicular and pedestrian thoroughfares shall be of similar size and, whenever possible, shape to those found on adjacent buildings.

e.   Walls, materials, patterns, colors, roof forms, and front entryways shall conform to the standards for all buildings in the applicable project area and shall reflect those used for adjacent buildings.

f.   Parking stall width may be reduced to eight feet, three inches.

g.   Parking stalls located adjacent to walls or columns shall be one foot wider than the minimum required width to accommodate door-opening clearance and vehicle maneuverability.

h.   The planning commission may waive one or all of the foregoing design/architecture requirements if a competent architect can demonstrate that the requirement in question is not feasible and when the architect has utilized other architectural methods to blend the structure with neighboring structures and screen the visual impacts of the structure.

D.  Commercial Use Parking Standards. Parking for new commercial uses shall comply with the following:

1.   Surfacing. Parking areas and driveways must be hard-surfaced, maintained in good condition, and clear of obstructions at all times.

2.   Parking Space Dimensions. All new commercial development shall provide parking spaces of the following minimum dimensions. The city engineer