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Millcreek City Hall 1330 E Chambers Ave Millcreek, Utah 84106 millcreekut.gov Planning & Zoning (801) 214-2700 [EMAIL REDACTED] ZT-24-009 Staff Memo Applicant: Millcreek Re: Amendments to the accessory building code Prepared By: Sean Murray Scope of Decision: Discretionary. This is a legislative matter, to be decided by the Millcreek City Council upon receiving a recommendation from the Community Councils and the Millcreek Planning Commission. Your recommendation can be broad in scope, but should consider prior adopted policies, especially the Millcreek General Plan. REQUEST AND SYNOPSIS Millcreek is proposing changes to the ordinance that regulates accessory buildings and structures in Millcreek. This is part of the larger Millcreek zoning code update. Currently, rules and regulations for accessory buildings are found at the end of each zoning chapter. These rules are the same chapter to chapter. Millcreek is moving the accessory structure rules to its own chapter that will apply to all zoning designations. GENERAL PLAN CONSIDERATIONS CHOICE. GOAL N–2: Strive for a variety of housing choices in types, styles, and costs of housing throughout Millcreek. Strategy 1.5: Promote the maintenance and improvement of the existing housing stock and allow for remodeling, expansion, and additions as appropriate in the area to accommodate the changing sizes and varieties of household types. Making it easier for residents to build accessory structures that meet their needs keeps them investing in our community and brings more potential residents to Millcreek. ---PAGE BREAK--- Request: Amendments to the accessory building code ZT-24-009 Page 2 of 2 PROPOSED ORDINANCE AMENDMENTS Attached to this staff report is a proposed draft of the accessory building code. A summary of the proposed changes is discussed below: Requirement Current Standard Proposed Standard Rationale 19.14.070(D) Accessory structures cannot exceed 60% the footprint of the primary structure or 600 sf, whichever is greater Rule removed in favor of a total lot coverage requirement The current rule punishes modest homes with smaller building footprints. By changing to a total lot coverage requirement, it allows for increased flexibility for property owner. 19.14.070(E) Maximum accessory building yard coverage requirements Rule removed in favor of a total lot coverage requirement This rule adds layers to the code that can reduce the feasibility of building a desired accessory building. Removing it will allow more property owner flexibility and simplify the code. PLANNING STAFF RECOMMENDATIONS In working with residents, issues surrounding coverage requirements and total sizes based on house footprint have limited what people can do on their property. The 60% of the footprint of the primary structure rule punishes smaller homes that are located on larger lots. This along with the rule that sets out specific accessory building lot coverage amounts makes the code difficult to understand, implement, and enforce. Removing these rules in favor of an overall lot coverage requirement allows more flexibility for residents and simplifies the code. All other rules within the accessory building code will remain the same. There is no change being proposed to setbacks, height rules, building location, or design standards. Existing structures that do not meet the standards of the code at the time of adoption, will be deemed nonconforming and allowed to continue in accordance with MKZ 19.88 Nonconforming Uses and Noncomplying Structures. SUPPORTING DOCUMENTS • Current accessory building code • Proposed accessory building code ---PAGE BREAK--- 19.14.070 Accessory Buildings A. Location Requirements: 1. Accessory buildings shall only be allowed in a rear yard, or within the side or rear setbacks of the main building of the lot, provided the accessory building meets the separation requirement in section MKZ 19.14.070 2. Accessory buildings must be located at least six feet from the main building on the lot. B. Height: 1. For residential lots in a R-1 zone with rear yards that share a boundary with a commercial or multifamily zone or an institutional building or structure, accessory buildings may exceed the height of the main structure, up to a maximum height of 24 feet, provided it is in the rear yard. 2. Accessory buildings on all other residential lots shall not exceed 10 percent greater than the height of the main building, but are allowed to be at least 14 feet in height. 3. In no case shall an accessory building exceed 24 feet in height. 4. Accessory buildings in zones that are subject to the Residential Compatibility Overlay Zone standards must be constructed entirely within the building envelope described in MKZ 19.71.030 C. Setback Requirements. 1. Heights Up to Fourteen Feet: Accessory buildings must be located at least thirty inches from the side and rear property lines. 2. Heights Greater than Fourteen feet. For each inch in height over fourteen feet, accessory buildings shall be set back from the side and rear property lines an additional inch, up to twelve feet six inches from the side and rear property line. 3. On lots where the rear yard abuts a public right-of-way, the minimum setback requirement for an accessory building is 20 feet from the side and rear property lines, unless a noise barrier authorized and constructed by the Utah Department of Transportation or the City separates the right-of-way from the accessory building. 4. On lots where the rear yard abuts a side yard of another residential dwelling, the minimum setback for an accessory building is 10 feet from the abutting side yard. 5. Accessory buildings shall not encroach on any required easement. D. Area Requirements. 1. For residential lots in a R-1 zone with rear yards that share a boundary with a commercial or multifamily zone, or an institutional building or structure, the total footprint of all accessory buildings on a lot shall not exceed the maximum coverage requirements established in Section E below, or 1,200 square feet. 2. The total footprint of all accessory buildings on lots except as described in section 1 above shall not exceed 60 percent of the footprint of the main ---PAGE BREAK--- building, or 600 square feet, whichever is greater. The total footprint of all accessory buildings shall not exceed the maximum coverage requirements. E. Coverage Requirements. Coverage Requirements. The maximum lot coverage for accessory buildings is described in Table 19.14-1 below. F. Design Standards. Accessory buildings shall incorporate at least one of exterior materials used in the main building for 20 percent of all facades of the structure, or shall be clad in wood, vinyl, or cementitious fiberboard siding. Accessory buildings must have a pitched roof unless the main building has a flat roof, in which case an accessory building may have a flat roof or a pitched roof. G. Drainage. Runoff drainage from accessory buildings and structures may not be directed onto adjacent property. H. Illumination. Illumination of accessory buildings and structures shall be directed down and away from adjoining residences. I. Accessory Buildings shall only be used for vehicles or non-commercial uses generated within the property, unless those items are used as part of a licensed home business, pursuant to the standards in MKZ 19.85. Accessory buildings shall not be used as a dwelling. J. Shipping containers, semi trailers, box cars, or relocatable storage containers, shall not be permanently installed or maintained on a residential lot, unless they are modified to meet all the design requirements in MKZ 19.14.070 K. Accessory buildings used for accessory dwelling units are subject to the standards of this chapter, and of the Accessory Dwelling Unit standards in MKZ 19.89. Table 19.14-1 Accessory buildings in lots subject to the Residential Compatibility Overlay Zone shall not exceed the maximum coverage requirements established in MKZ 19.71.030 HISTORY Amended by Ord. 18-35 on 6/11/2018 Amended by Ord. 19-19 on 5/28/2019 Amended by Ord. 21-39 on 9/27/2021 Lot Size in Square Feet Maximum Accessory Building Coverage 6,000 or less 40 percent 6,000 to 6,999 35 percent 7,000 to 7,999 30 percent 8,000 or more 25 percent ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.60 Accessory Uses and Structures 1 18.60 Accessory Structures 18.60.010 Purpose. A. The purpose of this Chapter is to provide allowance for accessory uses and structures in Millcreek in an orderly way that minimizes impacts. 18.60.020 Applicability A. This Chapter applies to all zones in Millcreek and is an additional development standard to those of the governing zoning district. 18.60.030 General Requirements for Accessory Structures In All Zones A. Location Requirements: 1. Accessory buildings shall only be allowed in a rear yard, or within the side or rear setbacks of the main building of the lot. 2. Accessory buildings must be located at least six feet from the main building on the lot. B. Height: 1. For residential lots in R-1, R-2, and R-4 zones with rear yards that share a boundary with a commercial or multifamily zone or an institutional building or structure, accessory buildings may exceed the height of the main structure, up to a maximum height of 24 feet, provided it is in the rear yard. 2. Accessory buildings on all other residential lots shall not exceed 10 percent greater than the height of the main building, but are allowed to be at least 14 feet in height. 3. In no case shall an accessory building exceed 24 feet in height. 4. Accessory buildings must adhere to the building envelope rules for the underlying zone. C. Setback Requirements: 1. Heights Up to Fourteen Feet: Accessory buildings must be located at least thirty inches from the side and rear property lines. 2. Heights Greater than Fourteen Feet: For each inch in height over fourteen feet, accessory buildings shall be set back from the side and rear property lines an additional inch, up to twelve feet six inches from the side and rear property line. 3. On lots where the rear yard abuts a public right-of-way, the minimum setback requirement for an accessory building is 20 feet from the side and rear property lines, unless a noise barrier authorized and constructed by the Utah Department of Transportation or the City separates the right-of-way from the accessory building. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.60 Accessory Uses and Structures 2 4. On lots where the rear yard abuts a side yard of another residential dwelling, the minimum setback for an accessory building is 10 feet from the abutting side yard. 5. Accessory buildings shall not encroach on any required easement. D. Area Requirements: 1. Accessory structures are limited in size by the total lot coverage allotted for each zone. Total lot coverage requirements can be found in section 18.XX.XXX. E. Design Standards. Accessory buildings shall incorporate at least one of exterior materials used in the main building for 20 percent of all facades of the structure, or shall be clad in wood, vinyl, or cementitious fiberboard siding. Accessory buildings must have a pitched roof unless the main building has a flat roof, in which case an accessory building may have a flat roof or a pitched roof. F. Drainage. Runoff drainage from accessory buildings and structures may not be directed onto adjacent property. G. Illumination. Illumination of accessory buildings and structures shall be directed down and away from adjoining residences. H. Accessory Buildings shall only be used for vehicles or non-commercial uses generated within the property, unless those items are used as part of a licensed home business, pursuant to the standards set forth in MKZ 18.76 Special Business Regulations. Accessory buildings shall not be used as a dwelling unless permitted as an Accessory Dwelling Unit through the Planning Department. I. Shipping containers, semi trailers, box cars, or relocatable storage containers, shall not be permanently installed or maintained on a residential lot, unless they are modified to meet all the design requirements in section F above. J. Accessory buildings used for accessory dwelling units are subject to the standards of this chapter, and the standards as set forth in MKZ 18.71 Accessory Dwelling Units.