17-7-10.12.12 Additional standards for specific uses

17-7-10.12.12 Additional standards for specific uses.

In addition to the standards and requirements contained in this chapter and title, the following development standards shall be satisfied for each specific use:

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

1. City business license application, to be finalized upon approval;

2. Compliance with state, federal and local law; and

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

4. Required parking spaces shall be one per caregiver and one per six children.

B. Drive-Up Window. Each application for a drive-up or drive-through service window must include:

1. Sufficient stacking space for vehicles waiting for service, to prevent vehicles from waiting in the right-of-way.

2. Drive-up windows shall be located at the side or rear of buildings.

3. While not desirable, a drive aisle may be located between the building and the street so long as its width is minimized and a low wall, railing with landscaping, or continuous hedge at least three feet high between stacked cars and the sidewalk is added. Drive-up windows are prohibited on corner parcels.

4. Any pedestrian crossings of it are clearly delineated with special paving treatments.

5. No parking spaces shall occur off of a drive aisle.

C. Outdoor Dining. Each application for an outdoor dining use shall comply with the following:

1. The outdoor dining area shall be located in conjunction with a restaurant or retail use on private property or leased public property and shall not diminish parking or landscaping.

2. The dining area shall not impede pedestrian circulation.

3. The dining area shall not impede emergency access or circulation.

4. The outdoor furnishings shall be compatible with the streetscape and associated building.

5. No music or noise shall be in excess of the city noise ordinance, Chapter 8.01A. Outdoor music shall not be audible off premises.

6. No use after ten-thirty p.m. and before seven a.m. when directly adjacent to a residential use.

7. No part of the outdoor dining area shall be located within one hundred feet of any existing residential use (measured from the edge of the outdoor dining area to the closest property line of the residential use), unless the outdoor dining area is separated from the residential use by a commercial building.

8. Cooking facilities shall be located within the primary building. No cooking utilities, including grills, shall be permitted in the outdoor dining area.

9. The outdoor dining area shall be kept in a clean condition and free of litter and food items which constitute a nuisance to public health, safety and welfare.

D. Outdoor Storage. Outdoor storage shall be a secondary use to a primary commercial structure and use. No roof premises storage is permitted. Storage yards shall be located behind the primary structure and screened as follows:

1. Fencing parallel to the street shall be made of CMU or decorative concrete painted to match the structure. The other fencing may be made of solid metal, CMU or decorative concrete. All fencing shall be a minimum of seven feet in height.

2. Paving. The storage yard shall be surfaced with asphalt or concrete.

3. Height. Items stored within twenty feet of the fencing may not exceed the height of the fence.

E. Residential Facility for Elderly Persons. A residential facility for elderly persons shall be regulated as follows:

1. A “residential facility for elderly persons” shall not include any facility:

a. Operated as a business; provided, that such facility may not be considered to be operated as a business solely because a fee is charged for food or for actual and necessary costs of operation and maintenance of the facility;

b. Where persons being treated for alcoholism or drug abuse are placed;

c. Where placement is not on a strictly voluntary basis or where placement is part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional institution;

d. Which is a health care facility as defined by Section 26-21-2 of the Utah Code Annotated; or

e. Which is a residential facility for persons with a disability.

2. A residential facility for elderly persons shall:

a. Be a permitted use in every zoning district which allows residential uses;

b. Meet all applicable building, safety, land use, and health ordinances applicable to similar dwellings;

c. Be subject to the same minimum site development standards as those for a residential project in the zone; and

d. Be capable of use as such facility without structural or landscaping alterations that would change the structure’s residential character.

3. The use granted and permitted by this section is nontransferable and terminates if the structure is devoted to a use other than as a residential facility for the elderly, or if the structure fails to comply with the applicable health, safety, and building codes.

F. Residential Facility for Persons with a Disability. A residential facility for persons with a disability shall be a permitted use in any zoning district where a dwelling is allowed. Each facility shall conform to the following requirements:

1. Shall be licensed or certified by the Department of Human Services under Title 62A, Chapter 2, Licensure of Programs and Facilities, Utah Code Annotated, 1953; or shall be licensed or certified by the Department of Health under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act, Utah Code Annotated, 1953.

2. The facility shall comply with all building, safety, and health regulations applicable to similar structures. As part of this requirement the following site development standards and parking standards shall be applicable:

a. Each facility shall be subject to minimum site development standards applicable to a single-family dwelling or other similar dwelling in the zone in which the facility is located; and

b. The minimum number of parking spaces required for a residential facility for persons with a disability shall be the same as those for a single-family dwelling located in the same zoning district in which the facility is located.

3. No facility shall be made available to an individual whose tenancy would:

a. Constitute a direct threat to the health or safety of other individuals; or

b. Result in substantial physical damage to the property of others. It is not the intention of this subsection to establish any legal basis for tort liability on the part of the facility operator.

4. Prior to the occupancy of any facility, the person or entity licensed or certified by the Department of Human Services or the Department of Health to establish and operate the facility shall provide to the zoning administrator:

a. A copy of such license or certification; and

b. A sworn affidavit that no person will reside or remain in the facility whose tenancy would likely:

i. Constitute a direct threat to the health or safety of other individuals, or

ii. Result in substantial physical damage to the property of others.

5. The use permitted by this section is nontransferable and shall terminate if:

a. The facility is devoted to a use other than a residential facility for persons with a disability;

b. The license or certification issued by the Department of Human Services or the Department of Health terminates or is revoked; or

c. The facility fails to comply with this section.

G. Home Occupations. Home occupations are allowed in all residential units subject to the following standards. Each application for a business license for a home occupation shall include the business owner’s covenant that the proposed use complies with these standards.

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

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

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

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

5. 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;

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

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

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

9. Shall not include a mortuary, animal hospital, kennel, clinic, hospital, RV storage yard, junkyard, auto repair service, commercial stable or sexually oriented business.

H. Food Truck Court. A food truck court is allowed in nonresidential areas subject to the following standards:

1. No more than ten individual food truck vendor pads or other authorized vendors are allowed on a parcel.

2. No participating food truck business or other authorized vendor shall continue in operation at the food truck court unless the holder thereof has paid an annual business regulatory fee as set forth in Title 5.

3. All landscaping requirements of the zone shall be met prior to the issuance of a site plan approval.

4. Food truck courts are for the sale of food products only, except for the sale of nonfood, promotional items directly related to the food truck business.

5. A master sign plan for the food truck court shall be submitted for review and approved as part of the site plan approval. The plan shall provide information relating to permanent signs for the court and shall comply with the requirements of this title.

6. All the proposed activities will be conducted on private property owned or otherwise controlled by the applicant and none of the activities will occur on any portion of a public right-of-way including sidewalks or landscaped park strips.

7. The proposed food truck court will not impede pedestrian or vehicular traffic in the public way.

8. All activities associated with a food truck court must comply with all health department requirements.

9. A detailed site plan demonstrating the following is required:

a. The location and orientation of each vendor pad.

b. The location of paving, trash enclosures, landscaping, planters, fencing, canopies, umbrellas or other table covers, barriers or any other site requirement by the International Building Code, or health department.

c. The location of all utility hookups provided by the property owner for use by the mobile food trucks.

d. The location of all existing and proposed activities on the site.

e. The circulation of all pedestrian and vehicle traffic on the site.

f. The food truck court shall not occupy required parking stalls of any primary use of the site.

10. Playing of music in the food truck court area must be within the decibel levels allowed in the Midvale City noise control ordinance, Chapter 8.01A.

11. Parking for a food truck court is required at a ratio of one stall per mobile food business. This requirement may be waived by the community development director provided shared or off-site parking is available. Hard surface paving at the vehicular entrance to the mobile food court and for each individual mobile food business is required. Alternatives to asphalt and cement may be approved as part of the review process.

I. Telecommunications Facility. This subsection 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:

1. Wall-Mounted Antenna. Two types of wall-mounted antennas are allowed: stealth-mounted and non-stealth-mounted. 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 the building or extends no more than four feet horizontally from the face of the building. Whip antennas are not allowed on a wall-mounted antenna structure. Antennas, equipment, and the supporting structures shall be selected to achieve the architectural compatibility with the host structure to which they are attached.

a. Stealth facilities shall be designed to substantially conceal and camouflage the antennas and associated equipment.

i. The planning commission shall review and may grant approval for any new antenna(s) that require construction of a new screening wall. New screening wall(s) shall be in harmony with the structure’s mass, architectural features, and overall aesthetics. Architectural and structural renderings, three-dimensional representation, line-of-sight diagrams, photo simulations, and/or building elevations of the proposed modifications may be required to effectively demonstrate the requested changes meeting the intent of this chapter.

ii. Area Limitations for Stealth Wall-Mounted Antennas. The total area for all stealth wall-mounted antennas and supporting structures combined shall not exceed five percent of any exterior wall of the building. Stealth wall-mounted antennas may occupy a maximum of four walls. The total calculated area is the sum of each individual antenna and the visible portion of the supporting structure as viewed when looking directly at the face of the building.

b. Non-stealth facilities shall only be considered in locations in which adverse visual impacts are not a substantial concern due to the location of the facility, the nature of the surrounding land uses, and the facility is not visible from public vantage points.

i. Area Limitations for Non-Stealth Wall-Mounted Antennas. The total area for all non-stealth wall-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. The total calculated area is the sum of each individual antenna and the visible portion of the supporting structure as viewed when looking directly at the face of the building.

2. Roof-Mounted Antenna. Two types of roof-mounted antennas are allowed: stealth-mounted and non-stealth-mounted. Antennas, equipment, and the supporting structures shall be selected to achieve the architectural compatibility with the host structure to which they are attached. Roof-mounted antennas are an allowed use only on a flat roof and shall be screened, constructed and painted to match the structure to which they are attached. The planning commission shall review and may grant approval to place roof-mounted stealth antennas on a pitched roof if the antenna(s) are compatible with the existing structure. 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.

a. Stealth facilities shall be designed to substantially conceal and camouflage the antennas and associated equipment.

i. Antennas shall be mounted at least five feet behind any parapet wall or from the exterior wall of the building. The maximum height of an antenna mounted between five and ten feet behind a parapet or exterior 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 or roof line of the building.

ii. The planning commission shall review and may grant approval for any new antenna(s) that require construction of a new screening wall. New screening wall(s) shall be in harmony with the structure’s mass, architectural features, and overall aesthetics. Architectural and structural renderings, three-dimensional representation, line-of-sight diagrams, photo simulations, and/or building elevations of the proposed modifications may be required to effectively demonstrate the requested changes meeting the intent of this chapter.

b. Non-stealth facilities shall only be considered in locations in which adverse visual impacts are not a substantial concern due to the location of the facility and the nature of the surrounding land uses.

3. Monopole with Antennas and Antenna Support Structure Less Than Two Feet in Width. The entire antenna structure mounted on a monopole may not exceed two feet in width.

a. The maximum height of this antenna may not exceed ten feet in height.

b. A monopole described in this subsection may not be located in or within five hundred feet of a residential zone district.

c. No pole shall be allowed in any front yard setback.

d. The monopole antenna must not exceed thirty-five feet in height.

4. Monopole with Antennas and Antenna Support Structure Greater Than Two Feet in Width.

a. The maximum visible width of antennas and antenna mounting structures on a monopole may not exceed either eight feet in height or fifteen feet in width as viewed looking directly at the monopole at the same elevation as the antennas and antenna mounting structure.

b. A monopole classified under this subsection may not be located in or within seven hundred fifty feet of a residential zone district.

c. No pole shall be allowed in any front yard setback.

d. The monopole antenna must not exceed thirty-five feet in height.

5. Lattice Towers. Except as provided for below, lattice towers may not be located within seven hundred fifty feet of a residential zone district.

a. A lattice tower may be located less than seven hundred fifty feet from a residential zone district if the planning commission finds that the tower’s height would not exceed the height of any public utility pole, wire, cable, or similar structures located in the same vicinity as the proposed tower.

b. A lattice tower may be located less than seven hundred fifty feet from a residential zone and reach up to eighty-five-foot height if required for the bona fide public services of a public transit district as defined in Section 17A-2-1001 et seq., Utah Code Annotated, 1953, and as certified by the public transit district.

c. No pole shall be allowed in any front yard setback.

d. The lattice tower must not exceed thirty-five feet in height.

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

7. 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. Antenna transmissions will not interfere with public safety communications;

d. The location of the antenna in relation to existing vegetation, topography and buildings to optimize visual screening;

e. Whether the spacing between monopoles creates detrimental impact upon adjacent properties;

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

g. Location and zoning compliance of accessory buildings associated with the telecommunications facility.

8. 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;

c. Mechanical or electrical incompatibilities;

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.

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

10. 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.

i. A medical cannabis pharmacy use shall meet the proximity requirements as specified and amended in Section 26-61a-301 of the Utah Code Annotated.

i. An applicant for a medical cannabis pharmacy use must provide a description of the physical characteristics of the proposed facility, including a site plan, floor plan, architectural elevations, and a security plan as part of the business license application for the use. Fencing and security devices must comply with applicable city requirements.

ii. When proximity restrictions include area in an adjacent municipality, an applicant for a medical cannabis pharmacy use shall obtain a letter from the adjacent municipality indicating proximity restrictions within this title are satisfied based on existing uses in the area in the adjacent municipality prior to issuance of a business license.

c. Parking. A medical cannabis pharmacy use shall be considered a retail and service commercial use for the purpose of calculating parking requirements.

d. Signage. In addition to those requirements within this title, all signage associated with a medical cannabis pharmacy use shall comply with any requirements imposed by the state of Utah. (Ord. 2022-13 § 1 (Att. B); Ord. 2020-02 § 1 (Att. A (part)); Ord. 2019-03 § 1 (Att. A (part)))