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Change of Use / Nonconforming Use Permit in Midvale, Utah

Midvale has no single permit literally named 'Change of Use Permit.' A change of use is instead processed through whichever of several distinct, separately fee'd mechanisms applies: (1) since Midvale business licenses are non-transferable between owners or locations, any new tenant, new use, or new ownership at an existing commercial space requires closing the old Commercial Business License and filing a new Commercial Business License Application (Base Fee $137, plus a variable fee set by business category); (2) if the Planning Department determines the new use requires zoning approval, a Conditional Use Permit or Administrative Conditional Use Permit ($250 each, per the FY2026 Approved Fee Schedule's Community Development Fees section) must be obtained as part of that same business-license workflow before the license is issued; (3) if the use change is accompanied by construction or a change in IBC/IEBC occupancy classification, it is processed as the Commercial Building Permit or Commercial Tenant Improvement Permit (see those permit types in this file) rather than as a standalone change-of-use product; and (4) within Midvale's Main Street Form-Based Code (MS-FBC) district specifically, nonconforming lots, uses, structures, or signs are governed by MS-FBC administration provisions at Midvale Municipal Code Section 17-7-11.11, under which nonconformity rights run with the property and are unaffected by a change in tenancy or ownership, and the Community Development Director determines whether a use qualifies as a legal nonconformity. The full text of Section 17-7-11.11 and Title 17's citywide Chapter 17-6 (Supplementary Regulations) could not be independently fetched — midvale.municipal.codes returns a Cloudflare bot-challenge (HTTP 403) on every direct-fetch attempt, the same block already documented elsewhere in this record for Title 15; the MS-FBC nonconformity language above is drawn from indexed excerpts of that same official code site, not a directly retrieved full page.

Verified 2026-07-21 · Source

When you need this permit

  • New tenant, new use, or new ownership at an existing commercial space requires a new Commercial Business License Application — Midvale licenses are non-transferable between owners or locations, so the prior license must be closed and a new one obtained rather than 'changed,' per the Business Licensing Frequently Asked Questions page
  • Step 1 of the Commercial Business License process is to contact the Planning Department (801-567-7200 ext. 1018 / planning@midvaleut.gov) to verify the proposed use complies with zoning at that location, before signing a lease or filing the license application
  • If Planning determines the proposed use requires a Conditional Use Permit or Administrative Conditional Use Permit, that permit ($250) must be applied for and approved before the business license can be issued, per the Commercial Business License Application's published approval workflow
  • Any construction, or structural/electrical/mechanical/plumbing changes needed to accommodate the new use, must be completed and approved by the Building Department before the business license can be issued
  • Within the Main Street Form-Based Code (MS-FBC) district, a change involving a legally nonconforming use or structure is governed by MS-FBC administration provisions at Midvale Municipal Code Section 17-7-11.11

Required documents

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Fee schedule

Commercial Business License — New ApplicationMidvale Commercial Business License Application, 'Commercial Business License Fee Schedule' page: 'Commercial Business New Application Base Fee: $137,' plus the document's Variable Fees table by business category. Required because Midvale licenses are non-transferable between owners or locations — a change of use/tenant always requires a new application, not an amendment fee.
$137 base fee, plus a variable fee by business category (e.g., Personal Services $50, Commercial Retail $110, Restaurant/Food Establishment $300, Professional Services $30, Education $500)
Conditional Use Permit / Administrative Conditional Use PermitMidvale City FY2026 Approved Fee Schedule, 'Community Development Fees' section: 'Conditional Use Permit — $250' and 'Administrative Conditional Use — $250,' confirmed against the identical $250 fee printed on both the Conditional Use Permit Application and Administrative Conditional Use Permit Application PDFs. Only required if the Planning Department determines the new use needs conditional-use zoning approval; a per-address noticing fee ($0.50/address, per the same fee schedule) applies in addition upon submittal.
$250 (each)
Building Permit (if construction accompanies the use change)The Commercial Business License Application's Step 2 requires any structural, electrical, mechanical, or plumbing changes to be completed and approved by the Building Department before the business license can be issued; this is billed under the standard valuation-based Building Permit Fees table, not a separate change-of-use fee.
See Commercial Building Permit / Commercial Tenant Improvement Permit fee tables in this file

Review timeline

Plan reviewMidvale’s published plan-review target
Up to 30 business days

How long did your Change of Use / Nonconforming Use Permit permit actually take in Midvale?

Anonymous — one question, no email. Answers are combined and only shown once at least 5 people have reported.

Inspection process

  1. 1

    Zoning/Use Compliance Review

    Application is sent to the Planning Department for zoning review before license issuance; a Conditional Use Permit is applied for and obtained at this stage if required, per the Commercial Business License Application's workflow diagram.

  2. 2

    Building/Fire/Health Inspections

    Required for certain business types before a business license is issued, per the Obtain a Business License page and Commercial Business License Application.

See the full Midvale inspection guide — scheduling & re-inspection fees →

Tips

  • Midvale business licenses cannot be transferred between owners or locations — a change of use always requires a brand-new Commercial Business License Application, not an amendment or 'change' fee, unlike some neighboring Utah cities that publish a distinct Business License Change fee.
  • Confirm zoning compliance with the Planning Department (801-567-7200 ext. 1018) before signing a lease — this is an informal inquiry, not a standalone paid 'zoning verification letter' product.
  • If a Conditional Use Permit or Administrative Conditional Use Permit is triggered, budget the $250 fee (plus a $0.50-per-address noticing fee) in addition to the $137 business license base fee and its applicable variable fee.
  • No distinct 'Change of Use,' 'Zoning Verification Letter,' or 'Nonconforming Use Application' fee line item is published anywhere in the FY2026 Approved Fee Schedule — confirm the correct pathway and total cost with Community Development before applying.

Frequently asked questions

Midvale requires a change of use / nonconforming use permit for: New tenant, new use, or new ownership at an existing commercial space requires a new Commercial Business License Application — Midvale licenses are non-transferable between owners or locations, so the prior license must be closed and a new one obtained rather than 'changed,' per the Business Licensing Frequently Asked Questions page; Step 1 of the Commercial Business License process is to contact the Planning Department (801-567-7200 ext. 1018 / planning@midvaleut.gov) to verify the proposed use complies with zoning at that location, before signing a lease or filing the license application; If Planning determines the proposed use requires a Conditional Use Permit or Administrative Conditional Use Permit, that permit ($250) must be applied for and approved before the business license can be issued, per the Commercial Business License Application's published approval workflow; Any construction, or structural/electrical/mechanical/plumbing changes needed to accommodate the new use, must be completed and approved by the Building Department before the business license can be issued; Within the Main Street Form-Based Code (MS-FBC) district, a change involving a legally nonconforming use or structure is governed by MS-FBC administration provisions at Midvale Municipal Code Section 17-7-11.11. If your project isn't listed, confirm with Midvale City Community Development — Building & Safety Division at (801) 567-7200 ext. 1016 before starting work.

In Midvale, the published Commercial Business License — New Application is: $137 base fee, plus a variable fee by business category (e.g., Personal Services $50, Commercial Retail $110, Restaurant/Food Establishment $300, Professional Services $30, Education $500). Additional published fees: Conditional Use Permit / Administrative Conditional Use Permit — $250 (each); Building Permit (if construction accompanies the use change) — See Commercial Building Permit / Commercial Tenant Improvement Permit fee tables in this file. These are the jurisdiction's own published figures — see the fee schedule table and source citations on this page.

The Commercial Business License Application states to 'allow for up to 30 business days for any internal processing/approvals,' though this doesn't separately cover Planning Commission hearing scheduling if a Conditional Use Permit is required as part of the change.

You'll need: Commercial Business License Application. Depending on your project, Midvale may also ask for: Conditional Use Permit Application / Administrative Conditional Use Permit Application. See the required-documents checklist on this page for details on each.

Midvale requires 2 inspection(s) for a change of use / nonconforming use permit, in order: Zoning/Use Compliance Review, Building/Fire/Health Inspections. Schedule each through Midvale City Community Development — Building & Safety Division ((801) 567-7200 ext. 1016).

Apply through Midvale City Community Development — Building & Safety Division at 7505 S Holden Street, 2nd Floor, Midvale, UT 84047. Phone: (801) 567-7200 ext. 1016, email: buildingpermit@midvaleut.gov. Office hours: Mon–Thu 8:00 AM – 6:00 PM; closed Friday–Sunday. Official information: https://www.midvale.utah.gov/government/departments/community_development/building___safety.php.

Midvale, Utah has adopted: 2024 International Building Code (IBC), including Appendices C and J — current statewide edition per Utah Code § 15A-2-103(1)(a), effective July 1, 2026.; 2021 International Residential Code (IRC) — current statewide edition per Utah Code § 15A-2-103(1)(b); unchanged by the July 1, 2026 statewide update.; 2024 International Plumbing Code (IPC) — current statewide edition per Utah Code § 15A-2-103(1)(d), effective July 1, 2026.; 2024 International Mechanical Code (IMC) — current statewide edition per Utah Code § 15A-2-103(1)(e), effective July 1, 2026.; 2024 International Fuel Gas Code (IFGC) — current statewide edition per Utah Code § 15A-2-103(1)(f), effective July 1, 2026.; 2024 International Energy Conservation Code (IECC), covering both commercial and residential provisions in a single edition — current statewide edition per Utah Code § 15A-2-103(1)(h), effective July 1, 2026.; 2024 International Existing Building Code (IEBC) — current statewide edition per Utah Code § 15A-2-103(1)(i), effective July 1, 2026.; 2023 National Electrical Code (NEC) — current statewide edition per Utah Code § 15A-2-103(1)(g); unchanged by the July 1, 2026 statewide update.; Residential provisions of the 2024 International Swimming Pool and Spa Code (ISPSC) — current statewide edition per Utah Code § 15A-2-103(1)(n), effective July 1, 2026.; Modular Building Institute Standards 1200 and 1205 — adopted statewide per Utah Code § 15A-2-103(1)(o); not separately itemized on Midvale's own published sources, but applies statewide.; Midvale City is a compliance agency under Utah Code § 15A-1-202 and enforces these statewide codes through its own Building & Safety Division, per the Midvale Building & Safety FAQ (midvale.utah.gov), which references ICC standards, DOPL requirements, and Statewide Amendments to the State Construction Code.. Local amendments apply — see the Midvale overview page for the full list.

Not as a single named product. Depending on the scenario, a change of use is processed as a new Commercial Business License Application ($137 base fee plus a variable fee by business category, since licenses are non-transferable), a Conditional Use Permit or Administrative Conditional Use Permit ($250) if the new use requires zoning approval, or a Commercial Building Permit/Tenant Improvement Permit if construction accompanies the change.

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Change of Use / Nonconforming Use Permit in other cities

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