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

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

A. The following development standards apply to new single family attached, single family detached, and multifamily development in the zone, with the exception of single family detached residential lot subdivisions (see Section 17-7-8.3):

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

a. Front. The minimum front yard setback is fifteen feet, which shall include a five-foot park strip adjacent to the curb, which shall incorporate tree wells, street furniture and planter boxes; a sidewalk of five to six feet (at the discretion of the planning commission); and four to five feet of landscaping up to the foundation of the residential structure. With the input from the city engineer, modification to the sidewalk and park strip standard may be allowed to provide an appropriate tie-in to an adjacent neighborhood sidewalk. The front yard setback is measured from the back of curb.

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

ii. Projections. Sills, cornices, chimneys, flues and ornamental features may project into the front yard up to two and one-half feet, provided they do not impede pedestrian traffic on the sidewalk. Eaves, awnings, arcades and second-story and above balconies 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.

b. Rear. There is no rear yard setback for new development except as required by the International Building Code, landscape buffers and the single family setback.

c. Side. There is no side yard setback for new development except as required by the International Building Code, landscape buffers and the single family setback.

d. 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. Development is considered adjacent when the development property directly abuts a single family residential zone or abuts a road right-of-way, canal or rail line bordering a single family residential zone.

i. Three-story structures must be set back thirty-seven feet.

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

iii. Stairs and Landings. Outside stairways and landings required by the building code for exterior doorways may project into the setback up to three feet.

2. 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. The structure may be set back an additional fifteen feet to allow for the inclusion of a courtyard or patio. When the front yard is also a required single family setback, the single family setback is the build-to line.

3. Height. The maximum height for a residential structure is three stories.

4. Maximum Density. For development of medium and high density residential uses, the maximum density is twenty-five units per acre.

5. Stories. All building types must be from one to three stories.

6. 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.

7. Fencing. Fencing interior to residential developments shall not exceed six feet in height in the rear and side yards. Fencing in a front yard is prohibited. Perimeter project fencing may be increased to eight feet in height where appropriate. 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.

8. 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:

a. 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.

b. All newly installed driveways shall align with any existing access across the street. The planning commission may allow deviations to the requirement, provided the city engineer finds the driveway to be acceptable based on but not limited to access placement, traffic generated, and pedestrian and vehicular circulation.

c. New development or modifications to existing development shall not propose parking in such a way that users may be allowed to back onto public rights-of-way.

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

e. 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.

a. Minimum Number of Models for Single Family Attached, or Other Multifamily 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.

b. Minimum Model Characteristics for Single Family Detached, Attached, or Other Multifamily 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.

c. 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.

10. 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.

a. For residential structures, rooftop 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.

b. 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.

11. Except for ordinary repairs and maintenance of lighting approved and installed after January 2, 2002, all new development must comply with the following outdoor lighting standards:

a. Light Source. Light sources shall be at least as efficient as LED and no greater than four thousand Kelvin in correlated color temperature (CCT). Light levels shall be designed such that light trespass measured at the property line does not exceed 0.01 foot-candles. Light fixtures shall use a cutoff luminaire that is fully or partially shielded with no light distributed above the horizontal plane of the luminaire or into nearby residential structures. In no case shall the total lumens emitted for a single site exceed one hundred thousand lumens per acre.

b. Parking Lot Lighting. Parking lot lighting shall be designed and constructed to comply with the following standards:

(A) Luminaire mounting height is measured from the parking lot or driveway surface and may range from ten feet to thirty feet, based on review of site plan, proposed land uses, surrounding land uses, parking area size, building mass, topography of site, and impacts on adjacent properties.

(B) Poles and fixtures shall be black, dark brown, or another neutral color approved by the community development director.

(D) Light poles in parking areas shall not exceed thirty feet in height. Poles exceeding twenty feet in height are appropriate only for parking areas exceeding two hundred stalls and not in close proximity to residential areas.

i. Wall-mounted lighting fixtures shall not be located above eighteen feet in height unless being used as building accent lighting. Fixture styles and finishes shall complement the building exterior.

ii. Lighting located along pedestrian pathways or in areas primarily dedicated to human activity shall be bollard style lighting or down-directed lighting not to exceed twelve feet in height. Pedestrian lighting shall be coordinated through each project and shall complement adjacent projects to the greatest extent practical.

iii. In order to avoid light pollution, backlit awnings, up-light spotlights, and floodlights are prohibited.

iv. Street lighting shall either be chosen from the city’s approved streetlight list or installed to match a theme set by developments within the zone or neighborhood.

d. Upgrading Preexisting Lighting. An applicant must bring preexisting lighting into compliance with this code upon application with the business license department for a change in ownership, new business in a stand-alone structure or in a multi-tenant structure in which the new business utilizes more than fifty percent of the building square footage on the site, in conjunction with an application for a building permit for any alteration, remodel or expansion of any structure on the site, or in conjunction with changes to the approved site plan.

e. Lighting Plan Submission Requirements. A lighting plan is required for all developments and must contain the following:

i. Plans indicating the location on the premises, and the type of illumination devices, fixtures, lamps, supports, reflectors, installation and electrical details;

ii. Description of illuminating devices, fixtures, lamps, supports, reflectors, and other devices that may include, but is not limited to, manufacturer catalog cuts and drawings, including section where required; and photometric data, such as that furnished by manufacturers, or similar showing the angle of the cutoff or light emission; and

iii. A point-by-point light plan to determine the adequacy of the lighting over the site.

The following development standards apply to multifamily development in the zone. Except for single family detached residential lot subdivisions, all single family and duplex dwellings are subject to the following requirements if one of the following is met:

a. The property is located in a historic district established before January 1, 2021; or

b. The property contains a structure listed in the State and National Register; or

c. The property is subject to a development agreement with design standards; or

d. The property is located in a residential area developed before 1950; or

e. The property is located in a planned unit development plat or overlay zone granted for increased density or other benefit not available under the zone.

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

a. 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.

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

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

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

e. 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.

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

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

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

i. 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.

2. 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.

a. Minimum Landscape/Open Space Area. Improved landscape/open space area is required to meet whichever of the two following standards requires the greatest amount of area:

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

ii. The applicant shall improve as landscape/open space area 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.

b. Maximum Landscape/Open Space Area. Subsection (B)(2)(a) of this section notwithstanding, no development shall be required to include more than forty percent landscape/open space area.

c. Minimum Landscaped Area. 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.

d. 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. Improved, common recreational amenities may count towards the required landscape/open space requirement.

e. 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.

f. 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.

i. 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.

ii. 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.

iii. 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.

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

a. 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:

i. Materials. All single family detached, attached, or other multifamily 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.

ii. 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.

iii. 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.

iv. 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.

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

vi. 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.

vii. 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 offsetting dwelling units, and varying building setbacks and heights.

viii. 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.

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

x. 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.

b. 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.

i. 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.

ii. 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.

iii. 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.

c. 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.

d. 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.

C. The following landscaping standards apply to the front and side yards of all single family and duplex dwellings that are not subject to subsection (B) of this section or Section 17-7-8.3:

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. 2022-03A § 1 (Att. G); Ord. 2019-06 § 1 (Att. B (part)); Ord. 2018-03 § 1 (Att. A (part)); Ord. 2017-15 § 1 (part); Ord. 2017-04 § 1 (Att. A (part)); Ord. 2016-15 § 1 (Att. A (part)); Ord. 2016-04 § 1 (Att. A (part)); Ord. 10/21/2008O-8 § 1 (part); Ord. 10/16/2007O-15 § 1 (part); Ord. 11-20-2001 § 2 (part). Formerly 17-7-8.3)