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Millcreek Together Code Update I Chapter 19.XX Single-Household Residential Zones I 1.22.24 1 19.XX.1.1 Single-Household Residential (R-1) Zones A. Purpose 1. The purpose of the Single-Household Residential R-1 Zones is to establish single- household neighborhoods consistent with the city's general plan for low density residential areas within the city. It is the intent to balance neighborhood compatibility with the private property interests of those who wish to expand, develop, improve, or otherwise make exterior modification to their residential property. This chapter applies to the following residential zones: R-1-3, R-1-4, R-1-5, R-1-6, R-1-8, R-1-10, R-1-15, and R-1-21 zones. B. Permitted Uses and Conditional Uses 1. Uses in the Single-Household Residential (R-1) Zones are allowed, either as permitted or conditional, and may include certain limitations as set forth in Table 19.XX.1 Permitted and Conditional Uses in the Single-Household Residential (R-1) Zones. If a use is not specifically designated in the table, then the use is prohibited. Table 19.XX.1 Permitted and Conditional Uses in the Single-Household Residential (R-1) Zones P= Permitted C= Conditional Use Review Required Land Use R-1 (All Zones) Limitations / References Residential Uses Single Household Dwelling P Limitation may be subject to the requirements set forth in the Sensitive Lands Chapter 19.XX.XX Residential Facilities for Elderly Persons or Persons with a Disability P Limitation as set forth in MKZ 19.87 Residential Facilities for Persons with a Disability Short-term rentals P Limitation as set forth in MKC 5.19, Short-term rentals Commercial Uses Agriculture P Limitation of Commercial Agriculture is Prohibited Civic and Institutional Uses Public Uses P Quasi-Public Use P Religious Assembly P Miscellaneous Uses Accessory Uses, Buildings, and Structures P Limitation as set forth in MKZ 19.XX.XX Accessory Uses, Accessory Buildings, and Structures ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX Single-Household Residential Zones I 1.22.24 2 C. Spatial Requirements. 1. Setback Measurements. The minimum property size, width, setbacks, and maximum property coverage requirements are as determined by Table 19.XX.2 Spatial Requirements for the Single-Household Residential (R-1) Zones. 2. Civic and Institutional. Civic and Institutional Uses, require a minimum twenty- foot (20’) rear and side yard setback when abutting and sharing a property line with a residential use. 3. Rear Setback on Sloped lots. If the average slope of the original ground surface, as measured from the rear property line to the front property line, is more than 20 percent, then the rear setback shall be increased one additional foot for every one degree of slope in excess of 20 percents, up to a maximum of 25 feet 4. Side Yard Setbacks on Lots 50% Larger Than Minimum Lot Width. Lots with a width 50% or more larger than the required minimum lot width shall measure side yard setbacks per the following: a. The combined measurements of the side yard setbacks shall be at least 25% of the lot width. b. No side setback shall be less than the required minimum side yard setback. c. The width of the lot is measured as the diameter of the largest circle that can be inscribed entirely within the lot excluding any streams, floodplains, wetlands, areas of thirty percent slope or greater, or other natural hazard areas shall be excluded from the circle. See Figure 19.XX.1 below Figure 19.XX.1 Combined Side yard Setback Spatial Requirements Diagram ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX Single-Household Residential Zones I 1.22.24 3 Figure 19.XX.2 Spatial Requirements Diagram (letter labels related to Table 19.XX.2) * 5 feet unless attached to a dwelling on an adjacent lot D. Building Height and Building Envelopes. 1. Minimum height. All dwelling structures shall be a minimum of one-story in height measured from original ground surface 2. Maximum Height. Maximum building height is as set forth in Table 19.XX.3 Building Height and Building Envelope for R-1 Zones. 3. Building Envelope. The height of structures may be further limited by the building envelope. The building envelope is formed by a box defined by the perimeter of the property line extended vertically perpendicular to the property line to a height Table 19.XX.2 Spatial Requirements for the Single-Household Residential (R-1) Zones Zone Min. lot area Min. lot width Min. Front Setback Residential Use Min. Side Setbacks on interior lots Residential Use Min. Side Setbacks on corner Civic/Institutional and Non- Residential Use Min. Side Setback Min. Rear Setback Max. lot Coverage R-1-3 3,000 sq ft 25’ 20’ 5’ * 20’ 20’ 15’ 40% R-1-4 4,000 sq ft 25’ 20’ 5’ * 20’ 20’ 15’ 40% R-1-5 5,000 sq ft 25’ 20’ 5’ * 20’ 20’ 15’ 35% R-1-6 6, 000 sq ft 60’ 25’ 8’ 20’ 20’ 15’ 35% R-1-8 8,000 sq ft 65’ 25’ 8’ 20’ 20’ 15’ 33% R-1-10 10, 000 sq ft 80’ 30’ 10’ 20’ 20’ 15’ 31% R-1-15 15,000 sq ft 80’ 30’ 10’ 20’ 20’ . 15’ 25% R-1-21 21,000 sq ft 100’ 30’ 10’ 20’ 20’ 15’ 25% ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX Single-Household Residential Zones I 1.22.24 4 and subsequent angle as set forth in Table 19.XX.3. The entire building shall fit under this envelope except as described in the projections section below. (See figures 19.XX.3, 19.XX.4, and 19.XX.5 for building envelope illustrations) 4. Lots or parcels located in the R-1-8 zone determined to be a lot of record and are nonconforming due to minimum lot width and minimum lot area can qualify to use the 60° Building Envelope Angle and 12’ Building Envelope Wall Height. Figure 19.XX.3 R-1-3, R-1-4, and R-1-5 Building Envelope Figure 19.XX.4 R-1-6 Building Envelope Figure 19.XX.5 R-1-8, R-1-10, R-1-15, and R-1-21 Building Envelope Table 19.XX.3 Building Height and Building Envelope for R-1 Zones R-1-3 R-1-4 R-1-5 R-1-6 R-1-8 R-1-10 R-1-15 R-1-21 Building Height Maximum 30’ 30’ 30’ 32’ 32’ Building Envelope Wall Height and Angle 30’ 12’ 8’ 8’ 8’ Building Envelope Angle 0° 60° 45° 45° 45° ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX Single-Household Residential Zones I 1.22.24 5 E. Projections. 1. Building Height Envelope Projections. Dormers, gables, and non-habitable architectural elements may project beyond the building height envelope if they meet the following criteria: a. Dormers: i. The width of the dormer shall not exceed fourteen (14) feet; ii. Multiple dormers shall be spaced such that the distance to the edges of the roof is at least one-half the distance between dormers; and iii. The dormer shall be no higher than the ridge of the roof. b. Gables: i. The height of the gable is less than 1.75 times higher than the point where the graduated building height envelope intersects the gable; ii. The height of the gable is less than the maximum building height; and iii. The length of the gable comprises no more than 25% of the length of the building façade. Figure 19.XX.6 Dormer and Gable illustration with height envelope exception ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX Single-Household Residential Zones I 1.22.24 6 2. Setback Projections. The following may be erected on, or project into the required yard setbacks: a. Fences and walls in conformance with this code and all other applicable rules and regulations b. Landscape elements, including trees, shrubs and other plants. c. Utility or irrigation equipment or facilities. d. Decks, patios, porches, driveways, sidewalks, stairs, landings, not exceeding two feet above grade. e. Covered porches and balconies porches may project up to ten (10) feet into the front yard or street side yard setback if they meet the following criteria: i. Porches and balconies shall remain unenclosed or “open style” (not no walls, doors, windows, screens, etc.) except for the minimum required handrail. ii. Porches and balconies shall not encroach into any easements or clear vision site areas. iii. Porches, balconies, stairs, landings, eaves which project into the setbacks, shall not be located closer than fifteen feet (15’) from a street property line, or project outside of the building height envelope. 3. Other architectural elements which are not used as habitable space. i. Cornices, eaves, sills, planter boxes, stairways, landings, awnings, window wells, or similar architectural features attached to the building and not enclosed by walls, extending not more than two feet into a side yard or four feet into the front or rear yard. In no case shall a side yard setback be less than six feet ii. Chimneys, fireplace keys, box or bay windows or cantilevered walls attached to the building, no greater than eight feet wide, extending not more than two feet into a side yard, or four feet into a front or rear yard. In no case shall a side yard setback be less than six feet F. Articulation. To avoid a large, continuous building mass of uniform height; no portion of any building shall continue more than forty feet horizontally without a minimum of an eighteen-inch break in the roofline or introduction of a contrasting architectural element such as an overhang, projection, or inset of a minimum depth of two feet from the primary façade plane, to create shadow patterns along the elevation of the building. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX Single-Household Residential Zones I 1.22.24 7 19.XX.1.2 Neighborhood Compatibility Modification (NCM). A. Recognizing the wide variation of circumstances incident to a residential development application, Millcreek is providing for additional means to modify standards based on neighborhood compatibility. The Neighborhood Compatibility Modification (NCM) allows for modified standards from one or more of the spatial standards based upon the compatibility of the proposed residential development application with other lots/dwellings in the proximate neighborhood. The Planning Director may approve a NCM request at time of site plan submittal provided the following conditions are met: 1. Evidence. Compliance with the corresponding neighborhood conditions must be established by a survey of the proximate neighborhood. Survey submitted must be completed by a licensed surveyor in the State of Utah. 2. Submittal. NCM requests shall be submitted on a separate land use application and shall include an additional review fee as set forth in the Millcreek Consolidated Fee Schedule. 3. Permissible Modifications. NCM Standards. Building height, setbacks and lot coverage modifications may be accommodated if the request does not exceed the allowances as set forth in Table 19.XX.4 NCM Standards. 4. Non-Permissible Modifications. Building envelope, mass and scale, and accessory structure modifications do not qualify under the NCM. Table 19.XX.4 NCM Standards Zone Lot Coverage Front Setback Side Setback Rear Setback Max Height R-1-3 33’ 40% * The average of all lots of within the proximate neighborhoo d that fronts to the same street, road, or right-of way. Combined side yard shall be at least twenty- five percent (25%) of the lot width, and no less than six feet on each side. The average rear yard setback that are on six lots of the applicants choice within the proximate neighborhood , and no less than 15’ The maximum building height that may be approved by the Planning Director or designee under the NCM standards is the lesser of: 1. Three feet plus the average maximum ridge height of residential structures that are on six lots of applicants choice that are within the proximate neighborhood; and 2. The max height of the zone specified in column of Table 19.XX.4 NCM Standards. R-1-4 33’ 40% * R-1-5 33’ 40% * R-1-6 33’ 40% * R-1-8 33’ 38% * R-1-10 35’ 36% * R-1-15 37’ 30% * R-1-21 37’ 30% * *Lot coverage for all lots may not exceed more than 1.15 times the average lot coverage of proximate neighborhood lots. B. Related Provisions. For additional requirements refer to the zoning ordinances and in the particular following sections: ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX Single-Household Residential Zones I 1.22.24 8 Table 19.XX.5 Related Provisions Reference Section Topic MKZ 19.76.020 Occupancy permit MKZ 19.04.560 Yard MKZ 19.76.080 Lots and buildings on private rights-of-ways MKZ 19.76.100 Sale of space needed to meet requirements MKZ 19.76.140 Private garage or carport—Reduced yards MKZ 19.76.190 Height limitations—Exceptions MKZ 19.76.200 Additional height allowed when MKZ 19.76.210 Off-site improvements MKZ 19.76.290 Single-household or two-household dwellings—Standards MKZ 19.80.040 Number of spaces required MKZ 19.89 Accessory Dwelling Units MKZ 19.XX Temporary Uses and Structures MKZ 19.XX Sensitive Lands MKZ 19.XX Accessory Uses and Structures MKZ 19.82 Sign Ordinance MKC Title 18 Subdivisions 19.XX.1.3 Definitions (to be moved to definitions) Single household detached dwelling means a separate building arranged or designed to be occupied by one household unit, the structure having only one primary dwelling unit. Residential Facilities for Persons with a Disability (group home) means a home where a small number of unrelated people in need of care, support, or supervision can live together, such as those who are elderly or mentally ill or protected by federal fair housing laws. Short-term rental means a residential unit or any portion of a residential unit that the owner of record or the lessee of the residential unit offers for occupancy for fewer than 30 consecutive days or a residential unit or any portion of a residential unit or that is actually used for accommodations or lodging of guests for a period of less than thirty consecutive days. Agriculture (non-commercial) means the tilling of the soil, the raising of crops, horticulture and gardening, noncommercial greenhouses associated with residential uses, but not including the keeping or raising of domestic animals, except household pets or fowl, and not including any agricultural industry or business such as fruit-packing plants, fur farms, animal hospitals or similar uses. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX Single-Household Residential Zones I 1.22.24 9 Public and Quasi-Public Use means a use operated exclusively by a public body, or quasi-public body, such use having the purpose of serving the public health, safety, or general welfare, and including uses such as public schools, parks, playgrounds and other recreational facilities, administrative and service facilities, and public utilities. Religious assembly means any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities. Accessory Uses and buildings/structures means a subordinate use or structure customarily incidental to and located upon the same lot occupied by a main use. Dormer means a roofed structure, often containing a window, that projects vertically beyond the plane of a pitched roof. The peak roof elements of a dormer do not extend above the ridgeline of the pitched roof. Gable means the triangular portion of a wall between the edges of intersecting roof pitches. Habitable Space means any structure containing rooms that are used for living, sleeping, cooking, and eating. Architectural Feature means a minor decorative feature built into the design and construction of the building in addition to the occupiable space of the building. Such features may include but are not limited to overhangs, eaves, railings, bay windows, pelmets, and cupolas. Proximate Neighborhood means the lots within a 200’ radial distance from the subject property boundary.