17-7-9.12.3.4 Use | Midvale Municipal Code

17-7-9.12.3.4 Use.

If a use is not specifically designated, it is prohibited. Uses designated with an asterisk (*) have additional use-specific standards included in subsection (A) of this section.

Urban Use Type	Allowed	Administrative	Conditional	Business License
Alcoholic Beverage:
Package Agency			•	•
Private Club/Tavern	•			•
Restaurant, Beer Retailer, Etc.	•			•
State Liquor Store	•			•
Animal Hospital	•			•
Assembly:
Electronic Instruments		•		•
Computer		•		•
Assisted Living:
≤ 1/2 acre		•		•
> 1/2 acre			•	•
Athletic, Tennis, Health Club	•			•
Automobile Filling Station, Car Wash, and/or Repair			•	•
Cafe, Deli	•			•
Child Care:				•
Center: ≤ 6 children	•
Facility: ≥ 7 children		•
Disabled Care Facility			•	•
Entertainment Center			•	•
Fences:
7' or less	•
7' or more		•
Financial Institution:				•
W/o drive-up window	•
W/drive-up window		•
Hotel/Motel			•	•
Itinerant Merchant:
Seasonal Food Stands	•			•
Christmas Tree Sales	•			•
Fireworks Stands	•			•
Seasonal Produce Stands	•			•
Medical Cannabis Pharmacy*	•			•
Mixed-Use—horizontal, vertical	•			•
Mortuary/Funeral Home	•			•
Municipal Facilities:
Parks	•
Public Utilities:
Major			•
Minor	•
Trails	•
Office:
General	•			•
Intensive			•	•
Medical/Clinical			•	•
Outdoor Dining		•
Parking Lot:
Commercial			•	•
Private	•
Quasi-Public Facility			•	•
Recreation Facility:
Commercial			•	•
Private	•
Religious/Educational Institution	•
Restaurant:				•
W/o drive-up window	•
W/drive-up window		•
Retail and Service Commercial—Medium**				•
W/o drive-up window	•
W/drive-up window		•
24-hour use		•
Retail and Service Commercial—Small***				•
W/o drive-up window	•
W/drive-up window		•
24-hour use		•
Telecommunications Facility < 35' in height		•

**Medium: 12,500 SF to 24,999 SF, single tenant

***Small: 400 SF to 12,499 SF, single tenant

Residential Use Type	Allowed	Administrative	Conditional	Business License
Accessory Unoccupied Structure	•
Assisted Living:
≤ 1/2 acre		•		•
> 1/2 acre			•	•
Child Care:
Center: ≤ 6 children		•		•
Facility: 7 to 12 children			•	•
Disabled Care Facility			•	•
Dwellings:
Single Family, Detached	•
Single Family, Attached	•
Multifamily 1/2—1 acre		•
Multifamily > 1 acre			•
External Accessory Dwelling Unit*	•
Fences, 7' or less	•
Home Occupation	•			•
Internal Accessory Dwelling Unit*	•
Kennel, Private		•
Master Planned Development			•
Municipal Facilities:
Parks	•
Public Utilities:
Major			•
Minor	•
Trails	•
Quasi-Public Facility			•	•
Recreation Facility:
Private	•
Religious/Educational Institution	•
Telecommunications Facility < 35' in height		•

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 personal service use in the Bingham Junction zone 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.

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.

a. An EADU 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 EADU remains on the property.

b. The EADU 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 EADU.

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

d. An EADU must comply with the standards in Section 17-7-9.12.3.5(H).

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

f. An EADU may not be constructed on the same lot as a mobile home or manufactured home.

g. An EADU 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 EADU, 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 EADU; and

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

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

j. Only one EADU is permitted on each property. (Ord. 2021-19 § 1 (Att. A); Ord. 2020-02 § 1 (Att. A (part)); Ord. 2016-15 § 1 (Att. A (part)); Ord. 2013-04 § 1 (Att. A (part)))