17-7-7.11 Conditional use standards of review

17-7-7.11 Conditional use standards of review.

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

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

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

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

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

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

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

6. Sufficient utility capacity;

7. Sufficient emergency vehicle access;

8. Location and design of off-street parking as well as compliance with off-street parking standards provided for in Section 17-7-7.7;

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

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

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

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

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

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

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

ii. Compliance with state, federal and local law;

iii. A design which precludes a front yard playground and signage in excess of a two-square-foot nameplate; and

iv. A delivery, traffic and parking plan which adequately mitigates the adverse impacts of increased traffic generation on the neighborhood in which it is located.

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

i. The maximum number of residents shall be:

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

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

ii. A complete application shall include:

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

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

(D) A sign plan which includes no more than two square feet of signage for facilities on public streets smaller than collector streets, and monument signs not to exceed thirty-two square feet for facilities on public streets considered collector streets or larger; and

(E) A delivery, traffic and parking plan which adequately mitigates the adverse impacts of increased traffic generation on the neighborhood in which it is located. The parking plan should propose parking appropriate to the proposed use of the facility, which plan may propose parking below the standards listed in Section 17-7-7.7.

c. Self-Service Storage Facility. Each application for a self-service storage facility must comply with the following. The intent of these standards is to ensure the use does not negatively impact the surrounding community through its operation and appearance, while allowing utilitarian type standards in the interior of the facility.

(A) The minimum and maximum property sizes for a storage facility are three acres and five acres respectively.

(B) The property is limited to one public street frontage; corner lots may not be utilized for a self-service storage facility use.

ii. Interior Access Storage Unit Buildings. Interior access buildings include individual storage units that are primarily accessible from interior common corridors only; i.e., the majority of the individual storage units are accessed from interior common corridors and not directly from the exterior of the building. Self-service storage facilities with interior access storage unit buildings shall comply with the following standards:

(A) Buildings may be single- or multistory and must comply with the height standards of the State Street Zone.

(B) All development standards in Sections 17-7-7.4 through 17-7-7.10 are applicable.

(C) On-Site Manager. An office for an on-site manager shall be provided. A manager shall be available on site during operating hours.

(D) Hours of Operation. Hours of operation for the self-service storage facility shall be limited between seven a.m. and nine p.m. daily. Customers shall not be allowed to access storage units beyond this time period and the facility shall be secured. Signs shall be posted and information provided in rental agreements.

iii. Exterior Access Storage Unit Buildings. Exterior access buildings include individual storage units that are accessible from the outside of the building, including drive-up and walk-up doors. Self-service storage facilities with exterior access storage unit buildings and outdoor storage shall comply with the following standards:

(A) Office Building Component. A prominent office building component, as viewed from the public road, is required as part of the self-service storage facility use. The office building shall include space for an on-site manager, and may include a dwelling unit for an on-site manager. The office building shall comply with the architectural standards in Section 17-7-7.5. All storage unit buildings and outdoor storage areas shall be constructed behind the rear wall of the office building.

(B) Height. Storage unit buildings shall be single-story with a maximum height of twelve feet. Storage unit buildings constructed on the property perimeter shall not exceed ten feet in height.

(C) Exterior Colors. Building wall, roof and door colors shall be earth tone colors and may include some white and gray tones. Intense accent colors are prohibited, including bright primary colors regardless of corporate standards or preferences.

(D) Screening. Storage unit doors must be screened or located so they are not visible from the street or residential properties. Storage unit doors shall not directly face a street.

(E) Circulation. Units and drive aisles shall be designed and located to comply with fire and building code requirements, and allow vehicles to navigate around vehicles parked at storage units.

(F) Perimeter Wall. An eight-foot-high decorative masonry wall shall be constructed along the perimeter of the storage and storage unit area. The rear and sides of storage unit buildings may be used in place of the required wall, provided architecturally treated masonry materials are used and the planning commission determines the additional height does not negatively impact the adjacent land use. Walls and buildings shall be earth tone colors and compatible with area development. No storage unit building or perimeter wall shall be located closer than thirty feet from the public right-of-way.

(G) Gates. Decorative wrought iron gates shall be used for access into the self-storage facility. Gates shall be painted in a subdued color that coordinates with the rest of the development. The access drive design and gate location shall allow for adequate vehicle stacking for a minimum of two trucks with trailers without impeding pedestrians and motorists in the public right-of-way and business access and parking.

(H) Parking. Parking for the office use(s) plus five spaces for self-service storage facility customers shall be located outside the gated area. This parking shall comply with the parking standards in Section 17-7-7.8. A minimum fifteen-foot landscape setback from the public right-of-way is required for all parking areas.

(I) Landscaping. Landscaping shall be required in areas and locations that benefit the community. The amount of required landscaping shall be determined by the planning commission; however, landscaped areas and buffers are required, at a minimum: (1) within the required setback from the public right-of-way; (2) at the project entrance; and (3) other locations as determined by the planning commission. With the exception of the minimum landscaped area requirement in Section 17-7-7.7, the landscape plan shall comply with all other landscaping and irrigation standards in this section.

(J) Reserved.

(K) Full-Time Live-In Manager. A full-time live-in manager is required. A manager’s residence may be located within the required office building or within a stand-alone structure that is coordinated within the development area. At least one parking space shall be provided solely for the residence. A stand-alone structure shall be compatible with the self-service storage facility with regard to building height and exterior materials.

(L) Hours of Operation. Hours of operation for the self-service storage facility shall be limited between seven a.m. and nine p.m. daily. Customers shall not be allowed to access their storage units beyond this time period and the facility shall be secured. Signs shall be posted and information provided in rental agreements.

iv. Outdoor Storage Areas. Outdoor storage areas may be included as part of a self-service storage facility use with the following standards:

(A) Outdoor storage is considered a secondary use to the storage unit buildings and may not occur on its own.

(B) The area used for outdoor storage shall not exceed fifteen percent of the development area.

(C) The outdoor storage area shall be completely screened from outside the property by storage unit buildings or perimeter walls as required in subsection (B)(1)(c)(iii)(F) of this section.

(D) The outdoor storage area shall be surfaced with asphalt, recycled asphalt or concrete.

(E) The outdoor storage area may be used for the private storage of vehicles, as defined in Section 17-2-22. The storage of hazardous materials; wrecked, junk or impounded vehicles; construction materials; and discarded or unusable items is prohibited.

(F) Items stored within twenty feet of a perimeter wall may not exceed the height of the wall.

v. Additional Standards and Conditions. The following standards and conditions shall apply to all self-service storage facilities:

(A) No water or sewer shall be provided in individual storage units. Electrical service to individual units shall be for lighting and climate control only; no electrical outlets shall be provided.

(B) A security plan which adequately mitigates any adverse impacts associated with this use shall be reviewed and approved by Midvale City public safety, and implemented by the business owner.

(C) Facilities shall be maintained in a clean and orderly fashion at all times. Items shall not be stored in drive aisles or parking areas; all junk and debris shall be removed as soon as possible.

(D) Facilities shall not be used for any type of sales activities, i.e., auctions, garage/yard sales, sale of retail or wholesale merchandise, etc.

(E) The storage of flammable or explosive material; material which creates obnoxious dust, odor or fumes; or hazardous waste is prohibited.

a. 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:

i. 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.

(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 is 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.

ii. 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.

(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 roof line 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.

iii. 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.

(D) The monopole antenna must not exceed thirty-five feet in height.

iv. 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.

(D) The monopole antenna must not exceed thirty-five feet in height.

v. 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 U.C.A. Section 17A-2-1001 et seq. and as certified by the public transit district.

(D) The lattice tower must not exceed thirty-five feet in height.

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

vii. 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;

(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.

viii. Co-Location. Co-location is both permitted and encouraged if all setbacks, design and landscape requirements are met for each telecommunications facility. The application shall include any existing or approved, but unbuilt, telecommunications facility within the telecommunications area that may meet the needs of the applicant. The documentation supplied shall evaluate the following factors:

(A) Structural capacity of the antenna towers;

(B) Geographic telecommunications area requirements;

(D) Inability or ability to locate equipment on existing antenna towers; and

(E) Any restriction or limitation of the Federal Communications Commission that would preclude the shared use of the antenna tower.

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

x. 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.

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

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

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

iii. Fences shall comply with all requirements for fences less than or equal to seven feet in height with regard to location and construction.

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

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

ii. The dining area shall not impede pedestrian circulation.

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

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

v. No music or noise shall be in excess of the city noise ordinance, Section 8.01.070. Outdoor music shall not be audible off premises.

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

vii. 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.

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

ix. 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. Vehicle Sales (Minor). Each application considered as a minor vehicle sales shall comply with the following:

i. A maximum of three vehicles may be displayed outside. All vehicles must be parked within an improved parking area in designated parking stalls. Up to ten additional for sale vehicles may be stored indoors.

ii. Vehicles displayed outside shall be located in a manner as to not obstruct drive aisles, doors or pedestrian pathways.

iii. The business shall provide three spaces for displayed vehicles, plus a minimum of one parking space per employee per shift and a minimum of two for customers. Depending on the business operation plan, additional spaces may be required for customers.

iv. With the exception of three displayed vehicles, no other outdoor storage shall be permitted on site.

v. Any vehicle repair is prohibited on site. (Ord. 2022-13 § 1 (Att. A); Ord. 2019-06 § 1 (Att. B (part)); Ord. 2016-15 § 1 (Att. A (part)); Ord. 2016-01 § 1 (Att. C (part)); Ord. 2015-13 § 1 (Att. A (part)); Ord. 2012-08 § 1 (Att. A (part)); Ord. 2011-09 § 1 (Att. A (part)); Ord. 10/6/2009O-19 § 1 (Att. A (part)); Ord. 3-19-2002A § 1(7) (part); Ord. 11-20-2001 § 2 (part))