17-7-11.3 Uses | Midvale Municipal Code

17-7-11.3 Uses.

a. The following provisions apply to the uses outlined in this section:

i. Permitted Mixed Uses. Individual buildings may contain more than one use. Use can vary between ground and upper floors of a building.

ii. Form District Permissions. Within each form district, each use is either permitted by right (with some uses limited to upper floors only) or is not permitted.

iii. Building Type Permissions. Each use shall be located within a permitted building type on a permitted floor.

iv. Indoor/Outdoor. Each use may have both indoor and outdoor facilities, unless otherwise specified.

a. Uses are grouped into general categories and subcategories. See Table 3.01. If a proposed use is not listed in the use tables, the following shall apply:

i. Unlisted Similar Use. If a use is not listed but is similar in nature and impact to a use permitted within a form district, the city may interpret the use as permitted. The unlisted use will be subject to any development standards applicable to the similar permitted use.

ii. Unlisted Dissimilar Use. If a use is not listed and cannot be interpreted as similar in nature and impact to a use within a form district that is permitted, the use is not permitted and may only be approved through an amendment of this code.

a. Table 3.01 outlines the uses in each form district as permitted by one of the following designations:

i. Permitted. These uses are permitted by right and indicated with a “P” in the table.

ii. Permitted in Upper Stories Only. These uses are permitted, by right, but only in upper stories of a building, i.e., not in the ground floor. They are indicated with a “U” in the table.

iii. Not Permitted. These uses are not permitted and are indicated by a “N” in the table.

Table 3.01. Use by Form District
Use Category	Form District
Use Category	MS	TCC
Residential and Lodging
Residential	P	P
Hotel and Inn	P	P
Residential Care	N	U
Civic and Institutional
Assembly (Public and Private)	P	P
Transit Station	P	P
Medical/Dental Clinic	P	P
Library/Museum/Post Office	P	P
Police and Fire	N	P
School	U	U
Retail
General Retail	P	P
Neighborhood Retail	P	P
Drive-Through	N	N
Itinerant Merchants	P	P
Service
General Service	P	P
Neighborhood Service	P	P
Office and Industrial
Office/Professional	P	U
Craftsman/Industrial	N	P
Accessory Uses
Home Occupation	P	P
Attached Parking Structure	P	P
Storage Building/Carport	P	P
Site Uses
Utility/Infrastructure	P	P
Parking Lot	P	P
Detached Parking Structure	P	P
Open Space	P	P
Telecommunications Facility	P	P

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

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

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

iii. Setbacks. The business must be located a minimum of five feet from combustible walls, roof eave lines, awnings, etc.; ten feet from any building openings (i.e., doors, windows, vents, etc.); and five feet from any fire hydrant, driveway, handicapped parking space and loading area. Space for queuing shall be provided on private property.

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

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

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

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

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

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

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

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

i. Each business license application for a vending cart must comply with the following:

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

(B) The vending cart must be located no closer than thirty feet from a single family residential zone.

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

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

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

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

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

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

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

(J) The business shall be conducted only between the hours of six a.m. and ten p.m.

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

b. Application Requirements. 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.

c. 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.

a. Proximity Restrictions. A retail tobacco specialty business use shall meet the proximity requirements as specified and amended in Utah Code Annotated Section 10-8-41.6.

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

a. The dining area shall be located on private property or leased public property and shall not diminish required parking or landscaping.

b. The dining area shall not impede pedestrian circulation.

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

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

e. No music or noise shall be in excess of the city noise ordinance. Outdoor music shall not be audible off premises.

f. No use after ten-thirty p.m. and before seven a.m.

g. 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 residential use is part of a mixed-use building or the outdoor dining area is separated from the residential use by a commercial building.

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

i. 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.

a. Display areas are limited to those shown on the approved site plan and may not exceed a combined one hundred square feet in size.

6. Telecommunications Facility. Telecommunications facilities shall be wall- or roof-mounted and shall comply with the following:

i. 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.

ii. Antennas, equipment, and the supporting structures shall be selected to achieve architectural compatibility with the host structure to which they are attached.

iii. Two types of wall-mounted antennas are allowed: stealth-mounted and non-stealth-mounted.

(A) Stealth facilities shall be designed to substantially conceal and camouflage the antennas and associated equipment.

(1) 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.

(2) 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 not visible from public vantage points.

(1) 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.

i. Antennas, equipment, and the supporting structures shall be selected to achieve architectural compatibility with the host structure to which they are attached.

ii. 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.

iii. Two types of roof-mounted antennas are allowed: stealth-mounted and non-stealth-mounted.

(A) Stealth facilities shall be designed to substantially conceal and camouflage the antennas and associated equipment.

(1) 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 roofline of the building.

(2) 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.

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

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

b. Shall not include identifying signage in excess of a two-square-foot nameplate attached to the dwelling;

c. 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);

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

e. Shall not occupy more than twenty-five percent of the main floor of the dwelling nor any portion of any garage or outbuilding located on the property in which the use is conducted;

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

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

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

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

8. Fire Station. Due to their unique operational requirements, fire stations may:

a. Have garage doors located on the front facade.

b. Have wider driveway widths than the maximum allowed by frontage type.

c. Have visitor parking areas within the front yard and required parking setback areas; provided, all parking-related landscape requirements are satisfied.

d. Be located outside of the build-to zone and corner occupation requirements, including the corner occupation requirement for primary facade courtyards.

e. Be exempted from frontage coverage requirements.

f. Use equipment storage garages to meet occupied depth requirements.

g. Be shorter than the required minimum building height.

h. Install turf grass along one side of vehicle access points between the nearest building elevation and the property line.

9. Police Station. Due to their unique operational requirements, police stations may:

a. Have garage doors located on the front facade.

b. Have wider driveway widths than the maximum allowed by frontage type.

c. Have visitor parking areas within the front yard and required parking setback areas; provided, all parking-related landscape requirements are satisfied.

a. An IADU may only be constructed on a lot with one detached single family dwelling. The property owner must occupy one of the dwelling units on the property as their permanent residence for as long as the IADU remains on the property.

b. The IADU must conform to all applicable standards in the building, plumbing, electrical, mechanical, fire, health, and any other applicable codes. A building permit is required prior to engaging in any construction activity on an IADU.

c. Installing separate utility meters or separate addresses for an IADU is prohibited.

d. Any additions to an existing building must comply with the development standards within this chapter.

e. An IADU must provide off-street parking as described within this chapter.

f. An IADU may not be constructed within a mobile home or manufactured home.

g. An IADU may not be constructed on a lot with a total square footage of six thousand or less.

h. Prior to issuance of a certificate of occupancy for an IADU, the property owner must record a notice against the property’s title that includes:

i. A description of the primary dwelling;

ii. A statement that the property contains an IADU; and

iii. A statement that the IADU may only be used in accordance with this title.

i. An IADU may not be rented or leased for a period of less than thirty consecutive days.

j. Only one IADU is permitted on each property.

C. Prohibited Uses. Except for existing legal nonconforming uses, the following uses are prohibited throughout all form districts:

1. Sexually oriented businesses;

2. Auto-related uses;

3. Medical cannabis production establishment;

4. Outdoor storage. (Ord. 2021-19 § 1 (Att. A); Ord. 2021-08 § 1 (Att. A); Ord. 2020-04 § 1 (Att. A (part)))