Full Text
Page 1 of 1 Millcreek City Hall 3330 East Chambers Ave Millcreek, Utah 84106 millcreek.us Planning & Zoning (801) 214-2700 [EMAIL REDACTED] STAFF MEMORANDUM From: Millcreek Staff To: Community Councils Meeting Date(s): November 1st (Canyon Rim), November 2nd (East Millcreek), November 6th (Mt. Olympus), November 7th (Millcreek) - 2023 RE: File Number ZT-23-012 – Adoption of a Commercial Zone Ordinance File Number ZT-23-015 – Adoption of a Residential Mixed (RM) Zone Ordinance Scope of Decision: Discretionary. This is a legislative matter, to be decided by the Millcreek City Council upon receiving a recommendation from the Community Council(s) and the Millcreek Planning Commission. Your recommendation can be broad in scope, but should consider prior adopted policies, especially the Millcreek General Plan. Presented by: Brad Sanderson, AICP Request As part of Millcreek’s comprehensive zoning code update, Staff is seeking your input and recommendation regarding two new ordinances: Commercial Zone and Residential Mixed Zone. These new ordinances have been developed over the past three months with preliminary input from a stakeholder committee consisting of Millcreek residents, developers, and members of the Community Councils. Staff is requesting that you provide two separate recommendations to the Planning Commission and City Council, one for each of the proposed ordinances. Staff welcomes any guidance from you on how these ordinances can be improved to further the goals of the Millcreek General Plan and best practices regarding each zone. The Planning Commission will be holding a public hearing to review and gather further input pertaining to these ordinances at a subsequent meeting later this year following the Community Council meetings. A written recommendation from you is encouraged prior to the public hearing. Attachments: 1. Commercial Zone Summary and Draft 2. Residential Zone Summary and Draft ---PAGE BREAK--- November, 2023 Millcreek Together Code Update I Commercial Zone V5 1 Commercial Zone Key Changes General Updates: • Combines the C-1, C-2 and C-3 into a single unified commercial district. Use Updates: • New Affordable Housing Use (exempt from mixed use requirement) • Mixed use is a permitted use. • Permits more uses outright with new standards such as residential proximity location criteria for intense commercial uses. • Permits small gyms but requires a conditional use permit for larger gyms. • Requires conditional use permit for drive-thru uses. • New uses for ghost kitchens and flex space Development Standards Updates: • Limits structures to 35’ within 100’ of residential zones. • Build-to-area for sites within 300’ of major intersections requires 75% of front façade pulled closer to the street. • Updated architectural articulation standards include new options for developers including pitched roofs. • Maintains existing materials requirements for general commercial uses but requires 4-sided design. • Updates specific use design standards for hotels to prohibit stucco. • New minimum frontage requirements for mixed uses (100’) • Mixed uses follow RM standards but permit reduced open space to 250 sq feet per dwelling unit. • New requirements for dumpster placement and screening. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.04.090 Commercial Zone I v5 1 19.04.090 Commercial Zone Purpose. The purpose of the Commercial Zone is to allow for a range of small, medium and large-scale commercial uses along major corridors and other key areas, as designated in the Millcreek General Plan, to provide a balance of tax base and services needed to sustain the community. Development within commercially zoned areas should be sensitive to surrounding non-commercial neighborhoods while catering to both neighborhood and regional markets which may include limited residential uses, as incorporated into a commercial mixed-use development. Applicability. This Chapter shall govern the development of land within the Commercial Zone. Permitted And Conditional Uses. Uses in the Commercial Zone are allowed as either a Permitted or Conditional Use as set forth in Table 19.XX.X Permitted and Conditional Uses in the C Zone. If a use is not specifically designated in the table, then it is prohibited. Table 19.XX.1 Permitted and Conditional Uses in the Commercial Zone P= Permitted C= Conditional Use Review Required Land Use C Zone Limitations / References Residential Uses Affordable Housing - Standalone P Additional use standards apply as set forth in MKZ 19.XX.XX Multiple-household dwelling P Only permitted in association with mixed use set forth in the development standards as set forth in MKZ 19.XX.XX Nursing home/ Assisted living P Residential Facility For Persons With A Disability P Residential Facility For Elderly Persons P Caretaker Dwelling P Additional use standards apply as set forth in MKZ 19.XX.XX Commercial Uses ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.04.090 Commercial Zone I v5 2 Table 19.XX.1 Permitted and Conditional Uses in the Commercial Zone P= Permitted C= Conditional Use Review Required Land Use C Zone Limitations / References Animal Services P Outdoor kennels or animal play areas prohibited within 150’ of a residential use or a residential zone.1 Automobile / recreational vehicle sales or rental C Only allowed when located on arterial roadways (80’ or greater in width.) Prohibited within 150’ of a residential use as measured from property line, .1 Additional use standards apply as set forth in MKZ 19.XX.XX Automobile service and repair C Prohibited within 150’ of a residential use or a residential zone and within 1,320’ (1/4 mile) of an established substantially similar business. 1 Additional use standards apply as set forth in MKZ 19.XX.XX Does not include any impound, salvage yard or vehicle recycling facilities Car wash C Prohibited within 150’ of a residential use or a residential zone1 and within 300’ of a major intersection and within 1,320’ (1/4 mile) of an established substantially similar business. 1 Clinic, medical or dental P Commercial Daycare P Commercial Entertainment under 25,000 square feet P Outdoor entertainment uses prohibited within 150’ of a residential use or a residential zone1. Gun ranges (indoor or outdoor) are prohibited. Commercial Entertainment, 25,000 square feet or more C Outdoor entertainment uses prohibited within 150’ of a residential use or a residential zone.1 Gun ranges (indoor or outdoor) are prohibited. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.04.090 Commercial Zone I v5 3 Table 19.XX.1 Permitted and Conditional Uses in the Commercial Zone P= Permitted C= Conditional Use Review Required Land Use C Zone Limitations / References Commercial kitchen / ghost kitchen P Prohibited within 150’ of a residential use or a residential zone. 1 Commercial parking lot/ parking garage C Parking garages shall include commercial uses for at least 75% of the ground floor facing a public street. Community Garden P Depository Financial Institution P Drive through window C Drive through windows prohibited within mixed-use developments. Eating and drinking establishment P Flex Space P Maximum square footage of 10,000 square feet per building, a minimum of 20% of floor area must be office and or retail uses. Fuel Station C Prohibited within 1,320’ (1/4 mile) of an existing fuel station and within 150’ of a residential use or a residential zone.1 Funeral Home / Mortuary C prohibited within 150’ of a residential use or a residential zone.1 Greenhouse / plant nursery P Gym / fitness studio under 5,000 square feet P Gym / fitness studio 5,000 square feet or more C Hospital C ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.04.090 Commercial Zone I v5 4 Table 19.XX.1 Permitted and Conditional Uses in the Commercial Zone P= Permitted C= Conditional Use Review Required Land Use C Zone Limitations / References Light Service and Repair P Maximum square footage of 10,000 square feet. Lodging P Live /Work Unit P Only permitted in association with mixed use set forth in the development standards as set forth in MKZ 19.XX.XX Non-Depository Financial Institution P Prohibited within 2,640’ (1/2 mile) of an established substantially similar business. 1 Office P Pawn Shop P Prohibited within 300’ of a major intersection and within 1,320’ (1/2 mile) of an established substantially similar business. 1 Personal Service P Reception or event center P Outdoor uses prohibited within 300’ of a residential use or a residential zone. 1 Retail sales P Retail stores primarily selling tobacco and/ or associated paraphernalia are prohibited within 1,320’ (1/4 mile) of an established substantially similar business. 1 Self-storage facility C Prohibited within 300’ of a major intersection and within 1,320’ (1/4 mile) of an established substantially similar business. 1 Additional location restrictions apply as set forth in MKZ 19.XX.XX Institutional Uses ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.04.090 Commercial Zone I v5 5 Table 19.XX.1 Permitted and Conditional Uses in the Commercial Zone P= Permitted C= Conditional Use Review Required Land Use C Zone Limitations / References Commercial wireless communication facilities P Only stealth type towers/ accessory structures permitted Public uses P Detention Facilities are not permitted Religious Assembly P Quasi-Public Use C 1 Distances are measured from property line or nearest point of the right-of-way at an intersection to the subject property line at the nearest point. A. Accessory Uses. Accessory uses and structures shall be subordinate/incidental to the main use and structure and shall not be allowed in the front or side yards facing a street. B. Spatial Requirements . The spatial requirements are as set forth in Table 19.XX.X Spatial Requirements for the Commercial Zone Figure 1 Commercial zone spatial requirements illustration ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.04.090 Commercial Zone I v5 6 Figure 2 Commercial zone spatial requirements illustration when abutting residential zones. Table 19.XX.1 Spatial Requirements for Commercial Zone Spatial Requirement C Zone When abutting residential zone Minimum lot area None Minimum lot width None Maximum building height 45’ 45’, 35’ within 100‘ of residential zone Maximum lot coverage 80% Minimum building height 1 story, 2 stories within 300’ of major intersection Minimum front yard 15’ 15’ ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.04.090 Commercial Zone I v5 7 Table 19.XX.1 Spatial Requirements for Commercial Zone Spatial Requirement C Zone When abutting residential zone Minimum rear yard None 25’, subject to Landscape Buffer B as set forth in MKZ 19.XX Minimum interior side yard None 10’ subject to Landscape Buffer B as set forth in MKZ 19.XX Minimum corner side yard 15’ Accessory structure minimum rear and interior side yard 1’ 10’ between buildings ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Commercial Zones I v4 8 C. Site Layout Standards. Development within the C Zone shall meet the following site layout standards: Figure 3 Site Standards Illustration 1. Building Orientation. Buildings shall orient their street facing facades parallel to the right of way. 2. Build-To-Area. Developments within 300’ of a major intersection as measured by a radius from the applicant's nearest property line to the arterial intersection ROW line are required to conform to the following standards: Figure 4 Sites Within 300’ of a Major Intersection Standards a. Major intersections are defined where the following streets intersect with one another: PLACEHOLDER GRAPHIC PLACEHOLDER GRAPHIC ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Commercial Zones I v4 9 Murray- Holladay Rd. 4500 S 3900 S 3300 S 300 W West Temple Main Street State Street 500 East (10) 700 East (11) 900 East (12) 1100 East (13) 1300 East (14) Highland Drive (15) 2000 East (16) 2300 East (17) 2700 East (18) Wasatch Boulevard b. The build-to-area is measured perpendicularly to the front setback and is ten feet (10’) in depth. Build-to-area may not encroach upon the front yard setbacks established in this Chapter. c. A minimum of 75 percent of the front elevation of the building(s) must be within the build-to-area. 3. Entrances. Commercial and residential entrances to the first floor of commercial and mixed use buildings shall front on the street. On double or triple-frontage lots, entrances are required where the greatest amount of pedestrian traffic is anticipated, but in all cases must front on a street. 4. Vehicle access and parking. a. For sites within Village Centers and 300’ of major intersections: No parking, circulation driveway or drop-off/ pickup areas are permitted between the front of the building and the street. b. For all other locations: A maximum of one parking row, circulation driveway, or drop-off/ pickup areas is permitted between the front of the building and the street. 5. Garbage and Recycling. All development shall be designed to accommodate and efficiently manage the collection, storage, and removal of garbage and recycling per the following standards: ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Commercial Zones I v4 10 a. All developments must provide recycling services. b. All development is required to screen dumpsters and recycling facilities per the standards of this section as well as the landscape standards as set forth in MKZ 19.77 c. No refuse, recycling bin, dumpster or dumpster enclosure structure shall be located closer than 10 feet (10’) to any perimeter property line. d. Enclosures shall be constructed of a solid masonry material and shall include sold steel gates. 6. Utilities. a. Location. All utilities shall be located underground with the exception of existing overhead transmission lines. b. Screening. All utility equipment shall be screened from view as set forth in MKZ 19.XX. c. Permissions. Private water and other in-ground utilities that are privately owned require piping subject to the approval of the utility owner. 7. Perimeter Fencing. Fencing is required for non-residential uses located adjacent to residential zones and mixed-use developments as set forth in MKZ 19.77.050 Landscape Standards, except as follows: a. Acceptable fencing materials include architecturally designed brick, stone, or block, or pre-cast concrete. b. Fencing with materials using composite products, wrought iron, wood, or vinyl is permitted if accompanied by a minimum two foot wide, six foot tall brick or stone pillars spaced every ten feet on center. c. Exterior fencing along a public right of way shall be limited to brick, stone, or block, or pre- cast concrete and be setback a minimum of 5 feet from the property line to allow for a landscaping buffer designed in accordance with MKZ 19.77. D. Building massing standards. Development within the C Zone shall meet the following building massing standards: 1. Stepbacks. Buildings greater than 35 feet (35’) in height shall have a 10 foot (10’) stepback between the first or second stories and third story when along Streets, Property Frontages, and Residential Zone Boundaries. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Commercial Zones I v4 11 Figure 5 Stepback illustration 2. Massing and Façade Articulation. All buildings that are not faced entirely in brick or stone shall be designed to have at least three of the following massing or façade articulation design elements: Figure 6 Building Massing Standards Illustration ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Commercial Zones I v4 12 a. Façade articulation. The primary façade plane shall not exceed forty feet (40’) in length without full height articulation. The articulation shall be a minimum of two feet in depth or projection from the primary façade plane and shall be a minimum of five feet in width. b. Change in height. The top of the building shall change in height by at least five feet every thirty feet (30’) of façade length. c. Indentations or recesses. The building shall feature indentations or recesses such as alcoves or arcades at least five feet in depth along the façade at maximum of 75 foot intervals. Such indentations or recesses shall be a minimum of one story in height. d. Terraces. Unless required as a stepback, usable terraces (a larger balcony intended as a private resident leisure space or commercial leisure space) at least 10 feet in depth along the street facing facades. e. Pitched roofs. The primary structure is covered by a pitched roof with a minimum pitch of 3/12. Parapets are not considered to meet this requirement. f. Architecturally integrated trellises. Architecturally integrated trellises shall be attached to the wall and cover at least twenty percent (20%) of a wall and shall project a minimum of 18 inches from the primary façade and have accompanying landscape planting material. g. Stepbacks. Stepbacks shall only meet this requirement if not otherwise required. 3. Measurement of Building Height is measured from the natural grade original ground surface to the highest point of the roof, including firewalls, parapets, skylights, towers, steeples, flagpoles, shade structures, and all other architectural features. E. Building Materials Standards. Development within the C Zone shall meet the following building materials standards: Figure 7 Building Materials Requirements Illustration ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Commercial Zones I v4 13 1. Windows. a. Windows shall constitute at least 50 percent of first floor street-facing facades, and windows shall be at least 50 percent transparent. b. On double or triple-frontage lots, living screens may replace up to 50 percent of the window requirement for the façade along the lowest anticipated pedestrian traffic frontage. c. Windows shall constitute at least 25 percent of all upper story street-facing facades. 2. Exterior Materials. a. Exterior materials of a durable or resilient nature such as brick, stone, architectural metal panel, composite materials, or other materials of similar quality, hardiness, and low maintenance characteristics shall be used. Twenty-five year guarantee, architectural shingles and/or other longer lasting roof materials are required. b. Brick or stone may be used for up to one hundred percent (100%) of the building façade, excluding windows. No other single material is allowed to exceed fifty percent (50%) on any facade, excluding windows. Other materials may be considered for soffits, or as an accent or architectural feature. c. Stucco, EIFS, architecturally finished concrete, or architectural metal panel shall comprise no more than 20 percent (20%) of any façade or from an abutting property that is located in an R-1, R-2, R-4, or AG zone (“residential zone”). d. A change of materials is required between the ground story and all upper stories, unless the material is brick or stone. F. Design and Use Standards for specific uses. The following standards are applicable to the uses specified in addition to the development standards in this Chapter. Should conflicts occur, the more restrictive shall apply. 1. Affordable Housing. Affordable housing that is not part of a mixed use development shall meet the following requirements: a. A minimum of eight units is required. b. 100% of the units must be affordable. c. Minimum lot size must be ¼ acre. d. Building design standards are subject to {multifamily reference} e. Open space? 2. Automobile / recreational vehicle sales or rental facilities shall meet the following site requirements: ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Commercial Zones I v4 14 a. The minimum lot size for such use is 20,000 square feet. b. The site must contain an office of at least 2,000 square feet. c. Inventory lot parking shall not be included in the minimum parking requirements. 3. Automobile service and repair uses shall meet the following site standards: a. Bay doors shall not be located on facades facing residential uses or zones. b. Vehicles awaiting repair or service shall be screened by Landscape Buffer C as set forth in MKZ 19.XX. c. Vehicle storage areas shall not count toward parking minimum requirements. 4. Caretaker Dwelling is only permitted in accordance with the following standards: a. A caretaker dwelling is only permitted as an ancillary use in association with a primary commercial use. b. A maximum of one caretaker dwelling is permitted on a given site. c. The property owner shall record an affidavit stating the caretaker dwelling will not be leased, rented, or sold separately. d. A caretaker dwelling shall consist of a minimum habitable floor area of 600 square feet and not to exceed a maximum habitable floor area of 1,200 square feet. e. The caretaker dwelling is subject to the residential use off-street parking requirements Chapter 19.80 of the MKZ. f. The parking spaces for caretaker dwelling cannot be included in any parking reduction request including shared parking. g. Home businesses with a customer base visiting the caretaker dwelling shall be prohibited. 5. Drive through windows. Drive through windows are considered if they meet the following impact mitigation standards: a. The drive through window is not located on a façade facing a public right-of-way, residential use or zone. b. The drive through window is not located on a façade facing a residential use or zone. c. The speaker box is located a minimum of 150 feet from the nearest property line of a residential use or zone. d. The drive through is not located within a mixed-use site plan. 6. Self storage facilities. Self-Storage facilities are prohibited within 300’ of a major intersection and within 1,320’ (1/4 mile) of an established substantially similar business No additional self-storage facilities are permitted on the following locations: a. on 3300 South b. on 4500 South, east of 2300 East c. on 3900 South, east of 2300 East 7. Fuel Station Design Standards: ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Commercial Zones I v4 15 a. Fuel pump islands shall be so located that automobiles stopped for service will not extend over the property line, drive aisles, or otherwise impede circulation of the site or surrounding streets. b. Fuel pump canopies shall be set back no less than four feet from any required setback. At no point shall a fuel pump be located closer than twenty-four feet (24’) to the nearest property line. c. Fuel pump stations shall not count toward required parking calculations. 8. Hotel Design Standards: a. Hotels shall have a prominent porte-cochere or portico, incorporating the materials used in the main building. b. Stucco is prohibited on any façade. c. Wall openings, such as windows and doors, located in lobbies and other common rooms, shall comprise at least 25% of the front façade. d. Massing and Façade Articulation for hotels shall have at least five of the façade design elements listed in MKZ 19.04.090 G Building massing standards. e. Up to two facades may have a maximum building length of 200 feet and all additional facades may have a maximum building length of 150 feet. f. No more than one row of parking is allowed between a hotel and any street it fronts. g. Access to guest rooms shall be restricted exclusively to interior corridors, which shall be accessed via the main lobby of the building or individually equipped with some form of security-controlled access system. 9. Mixed-Use Development Standards. All mixed-use developments shall meet the following standards: Figure 8 Mixed Use Standards Illustration PLACEHOLDER GRAPHIC ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Commercial Zones I v4 16 a. Minimum Frontage Requirement. If the mixed-use development includes residential uses, the mixed use site shall have a minimum of 100 feet of frontage along a major collector, minor arterial, or other principal arterial road as identified in the Roadway Functional Classification Map of the Millcreek Transportation Master Plan. b. Finished Floor Elevation. The finished floor elevation of entrances on a ground floor commercial space fronting a street shall be no lower or higher than two feet from the street elevation, as measured at the edge of asphalt, or top of curb, where a building abuts a public sidewalk. c. Up to two facades may have a maximum building length of 200 feet and all additional facades may have a maximum building length of 150 feet. d. Parking. Parking shall meet the requirements as set forth in MKZ 19.80 Parking and Mobility Standards. In addition, the following standards apply: Entry Gates Prohibited. Vehicular entry gates are prohibited as part of any mixed- use development containing residential uses unless the gate services a structure or podium. Gates must be situated in a manner that does not pose a traffic hazard due to vehicle queues waiting to enter through the gate. Tandem Spaces in Podiums and Structures. Tandem spaces in conjunction with garages may be allowed only for residential uses with a minimum size requirement of 20 feet in length and 9 feet in width per parking space, not to exceed two contiguous spaces for each unit. Tandem parking or parking in a private garage or driveway shall not be counted as guest parking or commercial user parking. e. Minimum Commercial Floor Area Required. Mixed-use developments are required to have commercial uses per the following standards: A mixed-use development shall have at least 1,500 square feet of commercial floor area. This requirement may be reduced to 1,000 square feet of commercial floor space if the project consists of a minimum of 20 affordable housing units. Minimum First Story Height for Ground Floor Commercial Space. Ground stories containing commercial space, including live/work units, shall be at least 12 feet in height. Residential standards. Residential dwelling units in mixed use developments shall follow the standards as set forth in 19.XX Residential Mix (RM) Zone except as follows: Open Space. a. Open space shall be provided for residential uses in the amount of at least 250 square feet per dwelling unit. 100 square feet per dwelling unit may be private open space, and 150 square feet per dwelling unit must be common open space. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Commercial Zones I v4 17 b. The required common open space shall be usable land areas that are not occupied by buildings, dwellings, structures, parking areas, streets, public park strips, curbs, gutters, sidewalks, walking paths, driveways, or alleys and shall be accessible by all residents of the mixed-use development. c. Buildings erected for the principal purpose of providing an amenity, or required interior common amenity spaces may be included as open space as set forth in the MKZ 19.XX, (RM Amenities Standards). d. Said open space may be an area of land or water set aside, or reserved for use by residents of the development, including an expanse of lawn, trees, plants, fully accessible landscaped roof areas, or other natural areas. Drainage basins may not be utilized toward required open space. e. Common open space may be distributed throughout the development and need not be in a single large area. Projects with over twenty dwelling units shall include a single and contiguous landscaped passive open space sufficient for outdoor activity with a minimum area of 5,000 square feet. f. Additional Standards for Vertically-Integrated Mixed Use . A vertically integrated mixed-use building shall consist of commercial uses on the ground story with residential uses or office uses on upper stories and is subject to the following standards: Commercial Frontage and Minimum Depth of Ground Story Commercial Space. No less than 50 percent of the building’s front façade shall be occupied by commercial uses. Such commercial uses shall utilize one of the following configurations: Figure 9 Commercial Space Configurations Diagram PLACEHOLDER GRAPHIC ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Commercial Zones I v4 18 Commercial spaces with a minimum depth of 30 feet as measured perpendicular to the frontage shall occupy at least 80 percent of a building’s ground floor front façade. Commercial spaces with a minimum depth of 40 feet as measured perpendicular to the frontage shall occupy at least 50 percent of a building’s ground floor front façade. Commercial spaces that occupy a minimum of two stories and shall have a minimum depth of 30 feet as measured perpendicular to the frontage and shall occupy at least 50 percent of a building’s ground floor front façade. In no event shall the minimum required commercial square footage be less than 3,000 square feet. Commercial spaces in a live/work unit shall have a minimum depth of 12 feet as measured perpendicular to the frontage, provided the commercial space in a live/work unit is a minimum of two stories and is not located within 300 feet of a major intersection. Ground Story Use Requirements. The ground floor of a mixed use shall comply with the following requirements: Live/Work Units. Live/Work units may be used to meet the requirement for commercial uses, provided that the entire ground floor of the live/work unit meets the design and use criteria listed in this chapter and is operated as an allowable commercial use in this Chapter. Commercial spaces in a live/work unit that are used to calculate the minimum commercial use or frontage requirements provided in this chapter shall not be used for residential purposes, parking, or storage Residential Amenities as Commercial Uses. For the purposes of this chapter, leasing offices serving on-site residential and commercial uses, lobbies, required parking, elevators, stairwells and any residential amenity spaces are not considered commercial uses. g. Additional Standards for Mixed Use in a Unified Site Plan. A unified site plan shall consist of separate residential and commercial buildings, some of which may be vertically integrated mixed-use buildings, in a site plan that features consistent approaches to lighting, landscaping, signage, building design, and materials use. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Commercial Zones I v4 19 Figure 10 Unified Site Plan Illustration Commercial buildings in a unified site plan must occupy at least 30 percent of the gross ground story floor area of the unified site plan and shall occupy at least 50 percent of the of the building frontages along a right-of way. Commercial spaces of at least 1,500 square feet in ground floor area must occupy at least 50 percent of the building frontages along a right-of-way. Vertically integrated mixed-use buildings in a unified site plan shall meet the requirements of vertically integrated mixed use buildings and shall abut a public right-of-way. h. Additional Requirements for Commercially Significant Development Sites. A site is determined to be a Commercially Significant Development if any of the following apply: The development site is greater than one acre is area. The development site is located within a Village Center, Retail/Office, or Employment/Commercial Future Land Use Designation on the adopted Millcreek Future Land Use Map The development site is located within 600 feet of the following intersections, as measured as a radius from the nearest property line to the intersection right of way line: 4500 South and Highland Drive 2000 East and 3300 South 900 East and 3300 South ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Commercial Zones I v4 20 Any Mixed-Use Development on a Commercially Significant Development Site shall meet the following requirements: The development must include commercial uses for at least 30 percent of the mixed-use development’s gross floor area of buildings adjacent to a street. Frontage Requirements. Commercial uses are not required on facades of mixed-use developments that are not located on a street identified in the Millcreek Transportation Master Plan Roadway Functional Classification Map as a Major Collector, a Minor Arterial, or an Other Principal Arterial. Live/Work Units. Live/Work units may be used to meet the requirement for commercial uses, provided that the entire ground floor of the live/work unit meets the design and use criteria listed in this chapter and is operated as an allowable commercial use in this Chapter. Commercial spaces in a live/work unit that are used to calculate the minimum commercial use or frontage requirements provided in this chapter shall not be used for residential purposes, parking, or storage. Parking and Vehicular Access. In addition to meeting the requirements of MKZ 19.80, Any required residential parking shall be located in an enclosed parking structure, podium, private garage, or carport. G. For additional information, refer to the Millcreek Code and in particular the following sections: Related Provisions Reference Section Topic MKZ 19.XX Occupancy permit MKZ 19.XX RM Zone Mixed Use standards MKZ 19.XX Landscaping Requirements MKZ 19.XX Parking and Mobility Requirements MKZ 19.XX Signage MKZ 19.XX Fencing MKZ 19.XX Accessory Structures MKZ 19.XX Nonconforming Structures MKZ 19.XX Off site improvements MKZ 19.XX Lighting MKZ 19.XX Height ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Commercial Zones I v4 21 Definitions (to be moved) Multiple-household dwelling unit "Multiple-family dwelling" or “Multiple Dwelling Unit” means a building arranged or designed to be occupied by more than four families or households. Nursing Home /Assisted living means an establishment where persons are lodged and furnished with meals and assistance and/ or nursing care. Residential Facility For Persons With A Disability "Residential facility for persons with a disability" means a residence: In which more than one person with a disability resides; and Is licensed or certified by the Department of Human Services under Title 62A, Chapter 2, Licensure of Programs and Facilities, Utah Code, Unannotated; or licensed or certified by the Department of Health under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act, Utah Code, Unannotated. Residential Facility For Elderly Persons means a single-family or multiple-family dwelling unit that is occupied twenty-four hours a day in a family-type arrangement by eight or fewer elderly persons sixty years old or older capable of living independently. Such facility shall be owned by one of the residents or by an immediate family member of one of the residents or the title has been placed in trust for a resident. Placement in such facility is on a voluntary basis and may not be a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional institution. No person being treated for alcoholism or drug abuse may be placed in such a facility. The structure shall be capable of use without the residential character being changed by exterior structural or landscaping alterations. Each facility shall not be located within three-quarters mile of another residential facility for elderly persons or residential facility for handicapped persons. This use is nontransferable and terminates if the structure is devoted to a use other than a residential facility for elderly persons or if the structure fails to comply with applicable health, safety, and building codes. Caretaker Dwelling means an accessory dwelling unit that is under common ownership and is attached or internal to the main building and its commercial and is used for the accommodation of an employee, business owner and person under contract of the commercial use and main building for security or maintenance purposes. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Commercial Zones I v4 22 Animal Services means a facility where dogs, cats or other domestic animals are provided care such as grooming, daycare, overnight boarding, or diagnosis and medical treatment. This includes surgical procedures and may include overnight accommodation on premises for treatment, observation and/or recuperation. Automobile / recreational vehicle sales or rental A business involved in the sale, leasing, and rental, of new or used commercial, private, or recreational vehicles. This use may also include service, repair, and washing, which may take place on-site in conjunction with this use. Automobile service and repair means an establishment primarily engaged in providing motor vehicle repair and maintenance, including activities such as lubrication, oil and tire changes, engine tune-ups and repair, brake repair, tire replacement, installation of after-market accessories such as window tinting, transmission or differential repair, automotive painting, and body and fender work. Car wash A self-service or full-service facility for washing, cleaning and drying vehicles including automobiles, buses, or recreational vehicles. Clinic, medical or dental means an establishment where patients receive consultation, diagnosis, and treatment by doctors, dentists, or similar practitioners. This use includes medical services offered exclusively on an outpatient basis, including emergency services such as urgent care centers, and licensed facilities offering substance abuse treatment, blood banks, plasma donation centers, physical therapy and rehabilitation, and medical/ dental laboratories. Commercial Entertainment means one or more recreational activities or uses, either indoor or outdoor, operated as a business and open to the general public for a fee. Commercial entertainment facilities include but are not limited to arcades, billiard halls, bowling alleys, theatres, skating rinks, sport court facilities, trampoline parks, miniature golf course, axe- throwing, go-cart tracks, and performance venues. This definition does not include gun ranges, indoor or outdoor. Commercial daycare means a facility not located within an occupied dwelling where children, or elderly and/or people with special needs, receive care from a person qualified by the state to provide supervision, protection, pre-school instruction, or similar care for a period of less than 24 hours per day. This includes nursery schools, childcare centers, Montessori schools, private pre-kindergartens, and play groups. A commercial daycare may be located within commercial spaces of a mixed use building but may not occupy residential units. This definition excludes care for persons who are violent or being treated for alcoholism or drug abuse. Placement in a day care/preschool center may not be part of or in lieu of confinement, rehabilitation or treatment in a correctional facility. Commercial kitchen / ghost kitchen means a facility containing a kitchen(s) in which food for sale is prepared for off-premises consumption, such as a catering establishment, or delivery service pickup. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Commercial Zones I v4 23 Commercial parking lot/ parking garage "Public garage" means a building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, hiring, selling or storing motor-driven vehicles. This includes drives, aisles and ramps, of one or more levels intended to provide parking as the principal use of the premises. Community Garden means an area of land managed and maintained by a group or community members used to grow and harvest food crops and/or nonfood, ornamental crops such as flowers, for personal or group use, consumption, donation or sale, or for educational purposes. The private use of private land (not intended to benefit the community at large) does not constitute a community garden. Cottage commercial means an establishment with retail offerings that also provides repair services/ custom manufacturing of specialty items. Examples include bicycle repair, computer repair, jewelry repair, shoe repair, tailoring, custom picture framing, furniture repair, musical instrument repair, florist shops or other similar specialties. Depository Financial Institution An establishment that provides retail banking services, mortgage lending, or similar financial services to individuals and businesses. This classification includes credit unions, savings institutions, and Automated Teller Machines (ATMs) located within a fully enclosed space or building, or along an exterior building wall intended to serve walk-up customers only. Eating and Drinking Establishments means a place of business where food and or drink is prepared and served to general public for consumption on the premises, inside or outside, or made available for consumption off site via delivery, pick up, or catering services. Flex Space means a building with an office or retail space for a portion of the floor area with the remaining floor area being used for warehouse or light industrial uses. Fuel Station A facility for the retail dispensing and sale of vehicle fuels, including gasoline, gas/oil mixtures, diesel fuel, ethanol, or compressed natural gas through fixed dispensing equipment, operated by customers or employees. Accessory uses may include the sale of convenience items, food, lubricants, car washes, and similar accessory uses Funeral Home / Mortuary A place for the storage of human bodies prior to their interment (burial, cremation, aquamation, or other similar preparation), or a building used for the preparation of the deceased for burial and the display of the deceased and associated ceremonies prior to interment. Greenhouse / plant nursery means a facility or structure used for the cultivation of trees, shrubs or other plants that are grown for the purpose of retail or wholesale trade. This may also include the accessory sale of soil, planting materials, garden equipment or other similar material. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Commercial Zones I v4 24 Gym / fitness studio means a facility where members or nonmembers use equipment or space or receive instruction for the purpose of physical exercise, fitness, flexibility, and/or weight control. Facilities may include amenities such as whirlpools, saunas, and massage rooms, as well as locker rooms, and showers. Gyms and fitness studios may also cater to children with instruction classes and lessons, as well as free play areas as an accessory use. Hospital means an institution licensed by the State of Utah which provides diagnostic, therapeutic, surgical, and rehabilitative services to individuals on both an inpatient and outpatient basis by or under the supervision of one or more physicians. Any medical clinic or professional office which offers any inpatient or overnight care, or operates on a twenty-four (24) hour basis shall be considered a hospital. A hospital may include integral support service facilities such as laboratories, outpatient units and training and central services, together with staff offices necessary to the operation of the hospital. Includes both general acute and specialty hospitals and must be licensed by the Utah Department of Health pursuant to the Health Care Facility Licensing and Inspection Act. Light Service and Repair means an establishment that primarily provide to the general public light assembly, minor service or repair of items completely within an enclosed space, generally in small quantities, not exceeding one hundred (100) pounds, not related to vehicle repair, not for wholesale and that do not emit noise, vibration, odors, or light beyond the enclosed space that would negatively impact surrounding properties and establishments. Products and items commonly associated with this use include jewelry, appliances, furniture, shoes, apparel, crafts, sewing, electronics, and computers. Lodging means a commercial establishment providing temporary residence to the general public, with a temporary length of stay not exceeding thirty (30) days. Terms commonly associated with this use include hotel, motel, and inn. This definition shall not include bed-and- breakfasts. Live /Work Unit means a unit which contains separate residential and non-residential areas intended for both residential and non-residential uses concurrently, and shares a common wall or floor with direct access between the residential and non-residential areas. Non-Depository Institution means a business, other than a Financial Institution, that is registered by the state of Utah pursuant to the Check Cashing and Title Lending Registration Act. Included in Non-Depository Institutions: ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Commercial Zones I v4 25 • Check Cashing Business" means a person or business that, for compensation, engages in cashing a check for consideration or extending a Deferred Deposit Loan. Check Cashing does not include depository institutions, as defined by the state of Utah, Financial Institutions, or a Retail seller engaged primarily in the business of selling goods or services to Retail buyers that cash checks or issue money orders for a minimum flat fee not exceeding one percent of the check or one dollar ($1.00) as a service fee that is incidental to its main purpose or business. • "Payday Loan Business" means an establishment providing loans to individuals in exchange for personal checks or assignment of wages as collateral. • Title Loan Business" means an establishment providing short-term loans to individuals in exchange for the title of a motor vehicle, motor home, or other motor vehicle as collateral. • "Deferred Deposit Loans" means a business that conducts transactions where a person presents to a check casher a check written on that person's account or provides written or electronic authorization to a check casher to affect a debit from that person's account using an electronic payment and the check casher provides the maker an amount of money that is equal to the face value of the check or the amount of the debit less any fee or interest charged for the transaction and agrees not to cash the check or process the debit until a specific date. Office means a place where transactions of business for a profession occur including, service, industry, or government. Office uses include, but are not limited to: Architecture/Engineering/Design, Building Contractor (office only), Business Consulting Charitable Institutions, Computer Programming & Support, Detective Services, Employment Agency, Financial & Insurance Government Offices, Legal Services, Management Services, PR & Advertising, Property Development, Radio & TV Studio, Real Estate, Recording & Sound Studio, Research & Development, Research Agency, Surveying. This definition of office use excludes medical and dental office uses. Pawn Shop means an establishment engaged in the buying or selling of new or secondhand merchandise and offering loans secured by personal property. Personal Service means an establishment primarily engaged in providing personal care services, including barber shops, beauty salons, piercing and tattoo studios, tanning salons, spas, licensed massage therapy studios, educational tutoring facilities, laundromats, and dry cleaners. Reception or event center A commercial or non-profit facility that can be rented to accommodate groups of people for conferences, weddings, and similar activities. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.0X.X Commercial Zones I v4 26 Retail sales Retail Uses A category of uses involving the retail sale of goods or merchandise to the general public for personal or household consumption. Retail sales include, but are not limited to: apparel & accessory store art and craft supply, book store, hardware, garden supply, camera & photo supply store, convenience store, pharmacy, gift, souvenir, grocery store, office supply, optical goods, paint & wallpaper, pet supply, specialty food market of all types, copy store, toy shop, automotive supply (no service), department store, gun shop, home furnishings & accessories sales, rental supply, medical supply, heating, air conditioning & plumbing supplies, cabinet supply (display only), machine sales and rental, agriculture equipment and supply, electrical supplies. Self-storage facility means a building containing separate, individual, compartmentalized storage units that can only be rented or leased for the storage of customers' household goods. Commercial wireless communication facilities means a commercially operated unmanned structure which consists of equipment used primarily for the transmission, reception or transfer of voice or data through radio wave or wireless transmissions. Such sites typically require the construction of transmission support structures to which antenna equipment is attached. Public uses 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 Quasi-Public Use means a use operated by a private nonprofit educational, recreational, charitable or philanthropic institution, such use having the purpose primarily of serving the general public, such as private schools and universities, and similar uses.